Council Regulation (EC) No 805/2006 of 25 April 2006 concerning the conclusion of the Partnership Agreement between the European Community and the Federated States of Micronesia on fishing in the Federated States of Micronesia

• CELEX: Regulation (EC) No 805/2006
• Articles: 19

Article 1

The Partnership Agreement between the European Community and the Federated States of Micronesia on fishing in the Federated States of Micronesia (hereinafter referred to as the Agreement) is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

Article 1 Scope

This Agreement establishes the principles, rules and procedures governing:

(a)

economic, financial, technical and scientific cooperation in the fisheries sector with a view to enhancing responsible fishing in the FSM EEZ to ensure the conservation and sustainable exploitation of fisheries resources, and developing the FSM fisheries sector;

(b)

the conditions governing access by Community fishing vessels to FSM EEZ;

(c)

the arrangements for monitoring fisheries in FSM EEZ with a view to ensuring that the above rules and conditions are complied with;

(d)

the measures for an effective conservation and management of fish stocks;

(e)

the prevention of illegal, unreported and unregulated (IUU) fishing; and

(f)

the promotion of cooperation among economic operators including partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

Article 2

The fishing opportunities set out in the Protocol to the Agreement shall be allocated to the Member States as follows:

—

freezer tuna seiners:

Spain:

75 % of fishing possibilities available

France:

25 % of fishing possibilities available

—

surface longliners:

Spain:

8 vessels

Portugal:

4 vessels.

If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.

Article 2 Definitions

For the purposes of this Agreement:

(a)

‘FSM authorities’ means FSM National Oceanic Resource Management Authority (NORMA);

(b)

‘Community authorities’ means the European Commission;

(c)

‘FSM Exclusive Economic Zone’ means the waters over which FSM has sovereign right or jurisdiction in respect of fisheries, identified by Title 18 and 24 of the Code of the FSM;

(d)

‘Community vessel’ means a fishing vessel flying the flag of a Member State and registered in the Community;

(e)

‘Joint enterprise’ means a commercial company set up in FSM by vessel owners or national enterprises from the Parties in order to engage in fishing or related activities;

(f)

‘Joint Committee’ means a committee made up of representatives of the Community and FSM whose functions are described in Article 9 of this Agreement;

(g)

‘fishing’ means:

(i)

searching for, catching, taking or harvesting fish;

(ii)

attempting to search for, catch, take or harvest fish;

(iii)

engaging in any other activity which can reasonably be expected to result in locating, catching, taking or harvesting fish;

(iv)

placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;

(v)

any operation at sea directly in support of or in preparation for any activity described in subparagraphs (i) to (iv); and

(vi)

use of any other vehicle, air or seaborne, for any activity described in subparagraphs (i) to (v) except for emergencies involving health and safety of the crew or the safety of a vessel;

(h)

‘fishing vessel’ means any vessel used or intended for use for the purpose of fishing, including support ships, carrier vessels, and any other vessels directly involved in such fishing operations;

(i)

‘operator’ means any person who is in charge of, or is responsible for the operation of, or directs or controls a fishing vessel, including the owner, charterer or master;

(j)

‘transhipment’ means the unloading of any or all of the fish on board a fishing vessel onto another fishing vessel in a designated port.

Article 3

This Regulation shall enter into force on the seventh day after its publication in the Official Journal of the European Union.

Article 3 Principles and objectives referred to on the implementation of this Agreement

1.   The Parties hereby undertake to promote responsible fishing in the FSM EEZ based on the principle of non-discrimination between the different fleets fishing in the zone, without prejudice to agreements concluded between developing countries within a geographical region, including reciprocal fisheries agreements.

2.   The Parties shall cooperate with a view to assisting the FSM in defining and implementing a sectoral fisheries policy in FSM EEZ and shall to that end initiate a policy dialogue on the necessary reforms. They hereby undertake to inform and consult each other on any change in the sectoral fisheries policy.

3.   The Parties shall also cooperate on carrying out ex ante , ongoing and ex post evaluations, both jointly and unilaterally, of measures, programmes and actions implemented on the basis of this Agreement.

4.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance.

5.   The employment of FSM seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. 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.

Article 4 Scientific cooperation

1.   During the period covered by this Agreement, the Community and FSM shall exchange information on the ongoing state of resources in FSM EEZ; a joint scientific meeting shall be held when necessary to recommend measures to the Joint Committee as provided for in Article 9.

2.   The Parties shall consult each other, either directly or within the international organisations concerned, to ensure the management and conservation of living resources in the Western and Central Pacific, and to cooperate in the relevant scientific research.

Article 5 Access by community vessels to FSM EEZ

1.   FSM hereby undertakes to authorise Community vessels to engage in fishing activities in its EEZ in accordance with this Agreement, including the Protocol and Annex thereto.

2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations of the FSM. FSM shall notify the Commission of any amendments to the said laws and regulations as soon as practicable and shall apply three months after notification.

3.   FSM has responsibility for the effective implementation of the fisheries monitoring provisions in the Protocol. Community vessels shall comply with such monitoring requirements. The steps taken by FSM to regulate fishing in the interest of the conservation of fishery resources shall be based on objective and scientific criteria. They shall apply without discrimination to Community, FSM and foreign vessels, without prejudice to agreements concluded between developing countries within a single geographical region, including reciprocal fisheries agreements.

4.   The Community shall take all the appropriate steps required to ensure that its vessels comply with this Agreement and the laws and regulations governing fisheries in the FSM EEZ.

Article 6 Licences

The procedure for obtaining a fishing licence for a vessel, the fees applicable and the method of payment to be used by ship owners shall be as set out in the Annex to the Protocol.

Article 7 Financial contribution

1.   The Community shall grant FSM a single financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes without prejudice to financing accorded to the FSM under the Cotonou Agreement. This single contribution shall be calculated on the basis of two related elements, namely:

(a)

access by Community vessels to the FSM EEZ; and

(b)

the Community's financial support for enhancing responsible fishing and the sustainable exploitation of fisheries resources in FSM EEZ.

2.   The part of the financial contribution referred to in paragraph 1(b) shall be determined and managed in the light of objectives identified by common accord between the Parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy of the FSM and in accordance with an annual and multiannual programme for its implementation.

3.   The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and without prejudice to the provisions of this Agreement and its Protocol on any change of the amount of the contribution as a result of:

(a)

serious circumstances, other than natural phenomena, preventing fishing activities in FSM EEZ, in accordance with Article 14 of this Agreement;

(b)

a reduction in the fishing opportunities granted to Community vessels made by mutual agreement between the Parties for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice, in accordance with Article 4 of the Protocol;

(c)

an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits, in accordance with Articles 1 and 4 of the Protocol;

(d)

a reassessment of the terms of Community financial support for implementing a sectoral fisheries policy in FSM, in accordance with Article 5 of the Protocol, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

(e)

termination of this Agreement under Article 12;

(f)

suspension of the implementation of this Agreement under Article 13.

Article 8 Promoting cooperation among economic operators and in civil society

1.   The Parties shall encourage economic, commercial, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.

2.   The Parties shall encourage exchanges of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products.

3.   The Parties shall endeavour to create conditions favourable to the promotion of relations between enterprises from the Parties in the technical, economic and commercial spheres, by encouraging the establishment of an environment favourable to the development of business and investment.

4.   The Parties shall encourage direct investment, in particular, the setting-up of joint enterprises in their mutual interest. The creation of joint enterprises in FSM and the transfer of Community vessels to joint enterprises shall systematically comply with FSM and Community legislation.

Article 9 Joint Committee

1.   A Joint Committee shall be set up to monitor the implementation of this Agreement. The Joint Committee shall perform the following functions:

(a)

monitoring the performance, interpretation and implementation of this Agreement and, in particular, the definition of the annual and multiannual programming referred to in Article 5(2) of the Protocol and evaluation of its implementation;

(b)

providing the necessary liaison for matters of mutual interest relating to fisheries and in particular measures to ensure the sustainable management of fisheries resources;

(c)

acting as a forum for the amicable settlement of any disputes regarding the interpretation or implementation of this Agreement;

(d)

reassessing, where necessary, the level of fishing opportunities and, consequently, of the financial contribution. Consultations shall be based on the principles set out under Articles 1, 2, and 3 of the Protocol;

(e)

any other function which the Parties decide on by mutual agreement.

2.   The Joint Committee shall meet at least once a year, alternately in the Community and in FSM, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.

Article 10 Geographical area to which this Agreement applies

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty and, on the other hand, to the territory of FSM.

Article 11 Duration

This Agreement shall apply for nine years from the date of its entry into force; it shall be renewable for additional periods of three years, unless notice of termination is given in accordance with Article 12.

Article 12 Termination

1.   This Agreement may be terminated by either Party in the event of serious circumstances such as the degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to Community vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, unreported and unregulated fishing.

2.   The Party concerned shall notify the other Party of its intention to withdraw from this Agreement in writing at least six months before the date of expiry of the initial period or each additional period.

3.   Dispatch of the notification referred to in paragraph 2 shall open consultations by the Parties.

4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis .

5.   Before the end of the period of validity of any Protocol to this Agreement, the parties shall hold negotiations to establish by agreement what amendments or additions to the Protocol and the Annex are required.

Article 13 Suspension and review of the payment of the financial contribution

1.   Implementation of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the implementation of provisions laid down in this Agreement or its Protocol and Annex. Such suspension shall require the Party concerned to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.

2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension.

Article 14 Suspension of the payment of the financial contribution on grounds of force majeure

1.   Where serious circumstances, other than natural phenomena, prevent fishing activities in FSM EEZ, the European Community may suspend payment of the financial contribution provided for in Article 2 of the Protocol, following consultations between the two parties where possible, and provided that the Community has paid in full any amounts due at the time of suspension.

2.   Payment of the financial contribution shall resume as soon as the parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and that the situation allows a resumption of fishing activities. This payment should be done within a time limit of two months upon confirmation from both parties.

3.   The validity of the licences granted to Community vessels under Article 6 of this Agreement and Article 1 of the Protocol shall be extended by a period equal to the period during which fishing activities were suspended.

Article 15 Protocol and Annex

The Protocol and the Annex shall form an integral part of this Agreement.

Article 16 Entry into force

1.   This Agreement, drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish and Swedish languages, each of these texts being equally authentic, shall enter into force on the date on which the Parties notify each other that their adoption procedures have been completed.

2.   It shall apply with effect not before 1 January 2005.