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REGULATION (EU) 2025/13 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 December 2024
on the collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818
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) The Union has negotiated with Solomon Islands a Fisheries Partnership Agreement providing Union vessels with fishing opportunities in the waters over which Solomon Islands has sovereignty or jurisdiction in respect of fisheries.
(2) As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on 26 September 2009.
(3) The Partnership Agreement between the European Community and Solomon Islands on fishing off Solomon Islands (1) is to be repealed and replaced by the new Fisheries Partnership Agreement.
(4) The new Fisheries Partnership Agreement should be signed on behalf of the Union.
(5) In order to guarantee the continuation of fishing activities by Union vessels, it is essential that the new Fisheries Partnership Agreement be 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 Fisheries Partnership Agreement as from 9 October 2009 pending its entry into force.
(6) It is in the Union’s interest to approve the Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement,
HAS ADOPTED THIS DECISION:
The text of the Agreement is attached to this Decision.
The text of the said Agreement in the form of an Exchange of Letters is attached to this Decision.
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economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in Solomon Islands fishing zone to guarantee the conservation and sustainable exploitation of fishery resources and developing Solomon Islands fisheries sector;
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the conditions governing access by EU fishing vessels to Solomon Islands fishing zone;
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cooperation on the arrangements for policing fisheries in Solomon Islands fishing zone with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fishery resources are effective and that illegal, undeclared and unregulated fishing is prevented;
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partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest.
(a) ‘Solomon Islands authorities’ means the Ministry of Fisheries and Marine Resources of Solomon Islands;
(b) ‘EU authorities’ means the European Commission;
(c) ‘Solomon Islands fishing zone’ means the waters over which Solomon Islands, as regards fisheries, has sovereignty or jurisdiction. The fishing activities by EU vessels provided for in this Agreement shall be carried out only in the zones in which fishing is authorised under Solomon Islands law;
(d) ‘EU vessel’ means a fishing vessel flying the flag of a Member State of the EU and registered in the EU;
(e) ‘Joint enterprise’ means a commercial company set up in Solomon Islands by ship 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 EU and Solomon Islands as specified 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 reasonable be expected to result in locating, catching, taking or harvesting fish for any purpose;
(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);
(vi) use of any other vehicle, air or sea borned, 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) ‘fishing trip’ means the period from the date of entry into Solomon Islands EEZ to the date of discharge of all of a vessel’s catch or any part thereof either ashore or onto another vessel;
(j) ‘transhipment’ means the transfer in or off the prescribed port of some or all of the catch from one fishing vessel to another vessel;
(k) ‘unusual circumstances’ means circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Solomon Islands waters;
(l) ‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a Solomon Islands seaman is an ACP seaman;
(m) ‘EU Delegation’ means the EU Delegation in Solomon Islands;
(n) ‘shipowner’ means any person legally responsible for a fishing vessel;
(o) ‘fishing authorisation’ means the right to engage in fishing activities for a specific period, in a specific zone or specific fishery in accordance with this Agreement. For the purposes of this Agreement, the reference to the fishing authorisation is a reference to a fishing licence issued pursuant the Fisheries Act 1998 of Solomon Islands or Council Regulation (EC) No 1006/2008 concerning authorisations for fishing activities of EU fishing vessels outside EU waters and the access of third country vessels to EU waters.
2. The Parties shall cooperate with a view to implementing a sectoral fisheries policy adopted by Solomon Islands and to that end shall initiate a policy dialogue on the necessary reforms. They shall consult with a view to adopting potential measures in this area.
3. The Parties shall also cooperate in 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, taking care to respecting the state of fishery resources and/or fish stocks.
5. In particular, the employment of Solomon Islands and/or ACP seamen on board EU 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.
2. The two Parties shall on the basis of the recommendations and resolutions adopted within all the relevant international fisheries development and management organisations, and in the light of the best available scientific advice, consult each other within the Joint Committee provided for in Article 9 of the Agreement and adopt, where appropriate, measures to ensure the sustainable management of fishery resources, in particular those affecting the activities of EU vessels.
3. The Parties undertake to consult one other, either directly, including at subregional level, or within the international organisations concerned, to ensure the management and conservation of living resources in the West and Central Pacific, and to cooperate in the relevant scientific research.
2. The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Solomon Islands. Solomon Islands authorities shall notify the EU authorities of any amendments to that legislation. Without prejudice to any provisions which might be agreed between the Parties, EU vessels shall comply with such amendments within one month of their notification.
3. Solomon Islands undertake to take all the appropriate steps required for the effective application of the fisheries monitoring provisions in the Protocol. EU vessels shall cooperate with the Solomon Islands authorities responsible for carrying out such monitoring.
4. The EU undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the Solomon Islands fishing zone.
2. For fishing categories not covered by the Protocol in force, and for exploratory fishing, the Solomon Islands authorities may grant fishing authorisations to EU vessels. However, the granting of these authorisations remains dependent on a favourable opinion from the two Parties.
3. The procedure for obtaining a fishing authorisation for a vessel, the charges applicable and the method of payment to be used by the EU vessels shall be as set out in the Annex to the Protocol.
(a) access by EU vessels to the Solomon Islands fishing zone and fishery resources, and
(b) EU financial support for implementing a national fisheries policy based on responsible fishing and on the sustainable exploitation of fishery resources in Solomon Islands waters.
2. The element of the financial contribution referred to in paragraph 1(b) above shall be determined in the light of objectives identified by mutual agreement between the Parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy drawn up by the Solomon Islands authorities and an annual and multiannual programme for its implementation.
3. The financial contribution granted by the EU shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:
(a) unusual circumstances;
(b) a reduction in the fishing opportunities granted to EU vessels, made by mutual agreement 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;
(c) an increase in the fishing opportunities granted to EU vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;
(d) a joint reassessment of the terms of financial support for implementing a sectoral fisheries policy in Solomon Islands, where this is warranted by the results of the annual and multiannual programming observed by both Parties;
(e) suspension of the application of this Agreement under Article 13;
(f) termination of this Agreement under Article 14.
2. The Parties undertake to promote exchanges of information on fishing techniques and gear, preservation methods and the processing of fishery products.
3. The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises 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, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with Solomon Islands and EU legislation.
(a) monitoring the performance, interpretation, implementation and smooth operation of the application of the Agreement;
(b) monitoring and evaluating the contribution of the Fisheries Partnership Agreement to the implementation of Solomon Islands sectoral fisheries policy;
(c) providing the necessary liaison for matters of mutual interest relating to fisheries;
(d) acting as a forum for the amicable settlement of any disputes regarding the interpretation, implementation or application of the Agreement;
(e) reassessing, where appropriate, the level of fishing opportunities and, consequently, of the financial contribution;
(f) adapting, when appropriate, the modalities for calculating the fishing effort, taking into account the provisions applicable at a regional level, e.g. Vessels Day Scheme;
(g) any other function that the Parties decide by mutual agreement to confer on it, including with regard to combating illegal, undeclared and unregulated fishing.
2. The Joint Committee shall meet at least once a year, alternately in Solomon Islands and in the Community, or in any other location agreed by the Parties and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.
Where required, at request of either of the Parties, decisions of the Joint Committee may be taken by written procedure.
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.
2. The Party concerned shall notify the other Party in writing of its intention to terminate the Agreement 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.
(1) OJ L 105, 13.4.2006, p. 34.
(1) OJ L 105, 13.4.2006, p. 34.
ELI: http://data.europa.eu/eli/dec/2010/397/oj