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

— purse seine vessels France: Spain: 27 % of available licences 73 % of available licences — long-liners: Spain: Portugal: six vessels six 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.

Definitions For the purposes of this Agreement:

(a) ‘Kiribati authorities’ means the Government of Kiribati;

(b) ‘Community authorities’ means the European Commission;

(c) ‘Kiribati waters’ means the waters over which Kiribati has sovereignty or jurisdiction;

(d) ‘Fishing’ means the actual or attempted fishing, catching, taking, killing or harvesting of fish, and includes any other activity which may reasonably be expected to result in the fishing or attempted fishing or catching, taking, killing or harvesting of fish, or any operation in support of or in preparation of any of the foregoing activity;

(e) ‘fishing vessel’ means any vessel used or adapted for use for fishing commercially and including craft, support vessels, helicopters and light aircrafts used in fisheries operations;

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

(g) ‘joint enterprise’ means a commercial company set up in Kiribati by vessel owners or national enterprises from the parties in order to engage in fishing or related activities;

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

(i) ‘transhipment’ means the transfer in port of some or all of the catch from one fishing vessel to another fishing vessel;

(j) ‘shipowner’ means any person legally responsible for a fishing vessel who is in charge of and controls it;

(k) ‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a Kiribati seaman is an ACP seaman.