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.