# EUR-Lex - 52014PC0138 - EN

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# 52014PC0138

**Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and on the provisional application of the Agreement between the European Union and the Republic of the Seychelles on access for fishing vessels flying the flag of the Seychelles to waters and marine biological resources of Mayotte, under the jurisdiction of the European Union. /* COM/2014/0138 final - 2014/0078 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In the course
of the negotiations for a new protocol to the EU-Seychelles Fisheries Partnership
Agreement, held in May 2013, the Seychelles raised the need of negotiating an
access agreement for Seychelles flagged vessels to the waters of Mayotte, which will fall under the jurisdiction of the EU from 1 January 2014. This would
enable Seychelles flagged vessels to continue to have access to Mayotte waters from 1 January 2014.

Seychelles flagged vessels can
currently fish in Mayotte waters on the basis of an agreement between the
Prefet de Mayotte and the Seychelles flagged vessels owners. To date an average
of 8 Seychelles purse-seine vessels have operated in Mayotte waters under the
private agreement, which foresees the vessels paying a licence fee directly to Mayotte.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

This agreement is of
strategic importance for the Seychelles fleet given the migratory nature of the
tuna resource. It will also further underline and strengthen our relationship
with the Seychelles. This Agreement supplements and mirrors the existing
Agreement that we have for EU vessels to have access to resources in Seychelles' waters, thereby reinforcing the political signal being given to the Seychelles as our most important partner in the region.

Therefore it is in the
interest of the EU to sign, provisionally apply and conclude this agreement
with the Seychelles.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The European Council
adopted on 11 July 2012, a Decision amending the status of Mayotte so that it
can become an outermost region on 1 January 2014 (OJ L 204 of 31.7.2012),
rather than holding the current status of overseas country or territory. As a
consequence, the current EEZ of Mayotte will as of 1 January 2014, become EU
waters.

A mandate for the
Commission to undertake these negotiations was agreed on 14 October and
negotiations were held with the Seychelles shortly following this and concluded
on 15 November 2013.

4.           BUDGETARY IMPLICATION

As this is in relation to access of fishing
vessels flying the flag of the Seychelles to waters falling under EU
jurisdiction, there are no financial implications by way of expenditure on the
EU budget.

5.           OPTIONAL ELEMENTS

This agreement foresees access to a limited number of vessels for a
period of six years to the Mayotte waters which will fall under the
jurisdiction of the EU from 1 January 2014. This reflects the current
opportunities offered through the current Mayotte agreement with the
shipowners. These opportunities would follow the guidance of the IOTC
scientific advice regarding capacity and the conservation of the resources.

For this access Seychelles vessel owners will have to
pay for a fishing authorisation. The fees for these authorisations would
reflect the total rates that were recently agreed with the Seychelles in the new Protocol to the FPA between the EU and Seychelles. The payment of the licences
would be the only financial compensation to be foreseen under this new
Agreement and will be paid directly to Mayotte to enable it to develop its
management and control capacity as well as developing fisheries governance and
capacity building. There would be no financial implication on the Seychelles
Government.

2014/0078 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European
Union, and on the provisional application of the Agreement between the European
Union and the Republic of the Seychelles on access for fishing vessels flying
the flag of the Seychelles to waters and marine biological resources of
Mayotte, under the jurisdiction of the European Union.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and
in particular Article 43, in conjunction with Article 218(5) thereof,

Having regard to the proposal from the Commission[1],

Whereas:

(1)       The
European Council adopted Decision (2012/419/EU) of 11
July 2012[2]
amending, with the effect from 1 January 2014, the status of Mayotte with
regard to the European Union,

(2)       The Council authorised the
Commission to negotiation, on behalf of the European Union, an Agreement with
the Republic of the Seychelles relating to the access, for fishing vessels
flying the flag of the Republic of Seychelles, to waters and marine biological
resources of the European Union, namely in the exclusive economic zone off the
coast of Mayotte.

(3)       As a result of those
negotiations, a new Agreement was initialled on 15 November 2013.

(4)       It is in the interest of
the Union to implement the Agreement in the fisheries sector with the Republic
of the Seychelles, setting out the fishing opportunities for the Seychelles and defining the conditions to promoting responsible fishing and sustainable fisheries in
the waters of Mayotte, under the jurisdiction of the European Union. It is
therefore appropriate to approve the Agreement on behalf of the Union.

(5)       The Agreement has
established in its Article 8, a Joint Committee responsible for monitoring the
application of the Agreement. Furthermore, in accordance with the Agreement,
the Joint Committee may approve certain modifications to the Agreement. In
order to facilitate the approval of such modifications, it is appropriate to
empower the European Commission, subject to specific conditions, to approve
them under a simplified procedure.

(6)       In order for the
authorities in Mayotte to implement the rules of the common fisheries policy,
from the date on which Mayotte becomes an outermost region, it is necessary to
set in place the appropriate administrative framework, control activities,
physical infrastructure and provide the appropriate capacity building. This
will also assist in the requirement to comply with the international reporting
obligations of the Union. Therefore, the necessary financial means should be
provided to the fisheries authorities in Mayotte through the use of the funding
provided through the shipowners fees to be paid directly to Mayotte.

(7)       The fishing fleet flagged
in Seychelles has operated in the Mayotte waters over several years through an
arrangement between Mayotte and the vessel shipowners, whereby the shipowners
paid a licence fee to Mayotte to fish in its waters. As a result, a strong
relationship has developed between the Seychelles fleet and the local community
of the French outermost region of Mayotte. Therefore, to maintain this
continuity of fishing operations and subsequent benefits to Mayotte it is
appropriate that all payments related to authorisations and catches under this
agreement benefit directly the local community in Mayotte.

(8)       Therefore the new
Agreement should be signed on behalf of the Union, subject to its conclusion.

(9)       In order to guarantee the
continuation of fishing activities by European Union vessels, the new Agreement
should be applied provisionally from the date of signature of the Agreement by
both Parties,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Agreement setting out
the fishing opportunities and the financial contribution provided for by the
Agreement between the European Union and the Republic of Seychelles is hereby
approved on behalf of the Union, subject to the conclusion of the said
Agreement.

The text of the Agreement is attached to this Decision.

Article 2

1.         France shall be empowered to
collect, for the account of its outermost region Mayotte, the payments related
to authorisations and catches and other fees due by operators of Seychelles
vessels in consideration of the granting of access to fisheries within EU
waters around Mayotte in accordance with the provisions of Chapter III, Section
1, paragraphs 8 and 9 and Section 2 of the Annex of the Agreement. These
receipts shall be used by France for the setting in place of the appropriate
administrative framework, control activities, physical infrastructure and
provide the appropriate capacity building in order for the administration in Mayotte to meet the requirements of the CFP.

2.         Details of that bank account
shall be provided to the Commission by France.

3.         At the end of each year of
implementation of this agreement, France shall send to the Commission a
detailed report on the payments made by the vessels authorised to fish and the
utilization of these payments.

Article 3

The President of the Council is hereby
authorised to designate the person(s) empowered to sign the Agreement on behalf
of the Union.

Article 4

The Agreement shall be applied
provisionally from the date of signature of the Agreement by both Parties,
pending its entry into force.

Article 5

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

[1]               OJ
C , , p.

[2]               OJ L 204 of 31.7.2012

ANNEX

Agreement between the European Union and
the Republic of the Seychelles on access for fishing vessels flying the flag of
the Seychelles to waters and marine biological resources of Mayotte, under the
jurisdiction of the European Union.

THE EUROPEAN UNION, hereinafter referred to
as the 'EU',

and

THE REPUBLIC OF THE SEYCHELLES, hereinafter
referred to as the 'Seychelles',

Hereinafter referred to as 'the Parties',

CONSIDERING the close working relationship
that has developed between the EU and the Seychelles, particularly in the
context of the Partnership Agreement between the
Members of the African, Caribbean and Pacific Group of States of the one part,
and the European Community and its Member States of the other part (Cotonou
Agreement), and their mutual desire to intensify that relationship,

NOTING that the EU and the Seychelles have enjoyed a strong relationship in fisheries following the Agreement between the
European Economic Community and the Republic of Seychelles on fishing off Seychelles adopted in 1987. This Agreement was reinforced through the adoption of a
Fisheries Partnership Agreement between the Parties in 2006 which is still in
force and implemented through the appropriate Protocol to the Agreement,

HAVING REGARD to the United Nations
Convention on the Law of the Sea,

AWARE of the importance of the principles
established by the code of conduct for responsible fisheries adopted at the FAO
Conference of 1995,

FURTHER NOTING that the EU and the Seychelles are both Parties to the Indian Ocean Tuna Commission (IOTC), the intergovernmental
organization mandated to manage tuna and tuna-like species in the Indian Ocean and adjacent seas,

DETERMINED to co-operate, in their mutual
interest, in promoting the introduction of responsible fisheries to ensure the
long-term conservation and sustainable exploitation of marine living resources,

CONVINCED that such co-operation must take
the form of initiatives and measures which, whether taken jointly or
individually, are complementary, consistent with policy and ensure synergy of
effort,

DESIROUS of establishing terms and
conditions governing the fishing activities of Seychelles vessels in the waters
of the EU and the Seychelles support for the introduction of responsible
fishing in those waters,

HEREBY AGREE AS FOLLOWS:

Article 1

Scope

This Agreement establishes the principles,
rules and procedures governing:

–
economic, financial, technical and scientific
co-operation in the fisheries sector with a view to ensuring responsible
fishing in EU waters to guarantee the conservation and sustainable exploitation
of fisheries resources,

–
the conditions governing access by Seychelles' fishing vessels to EU waters, as defined in attached Annex ;

–
the arrangements for policing fisheries in EU
waters with a view to ensuring that the above rules and conditions are complied with; the measures for the conservation
and management of fish stocks are effective; and that illegal, unreported and unregulated
fishing is prevented.

Article 2

Definitions

For the purposes of this Agreement:

(a)
‘Seychelles authorities’, means the Seychelles
Fishing Authority;

(b)
Seychelles vessels’
means vessels flying the flag and registered in Seychelles;

(c)
‘EU authorities’ means the European Commission;

(d)
‘EU waters’ are defined as the waters of Mayotte under the jurisdiction of the EU;

(e)
‘Joint Committee’ means a committee made up of
representatives of the European Union  and the Seychelles, whose functions are
described in Article 8 of this Agreement

.

Article 3

Principles and objectives underlying the
implementation of this Agreement

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

2.
Rules for the exercise for fishing under this
Agreement shall comply with the resolutions of the Indian Ocean Tuna Commission
(IOTC).

3.
The Parties hereby undertake to ensure that this
Agreement is implemented in accordance with the principles of the Common
Fisheries Policy of the EU, and good economic and social governance.

Article 4

Statistical and Scientific cooperation
on responsible fishing

1.
During the period covered by this Agreement, the
EU and Seychelles shall monitor the evolution of resources in EU waters; a
joint scientific meeting shall be held where necessary, on the request of one
of the Parties.

2.
The Parties shall also exchange relevant statistical,
biological, conservation and environmental information and co-operate in the
relevant scientific meetings, as may be required for the purpose of managing
and conserving the living resources.

3.
On the basis of the best available scientific
advice provided by the IOTC, the two Parties may consult with each other within
the Joint Committee provided for in Article 8 of this Agreement and, where
necessary, agree to take measures to ensure sustainable management of EU marine
biological resources.

Article 5

Access by Seychelles' vessels to the
fisheries in EU waters

1.
The EU hereby undertakes to authorise Seychelles vessels to engage in fishing activities in EU waters in accordance with this
Agreement and Annex thereto.

2.
The Seychelles shall ensure that its vessels
comply with this Agreement and the legislation governing fisheries in the EU.

Article 6

Fishing
authorisations

1.
Seychelles fishing
vessels may fish in EU waters only if they are in possession of a fishing authorisation
on board, or a copy thereof, issued under this Agreement.

2.
The procedure for obtaining a fishing authorisation
for a vessel, the fees applicable and the method of payment to be used by
shipowners shall be as set out in the Annex.

Article 7

Species Coverage

Fishing authorisations will be provided solely
for the exploitation of highly migratory
species (species listed in Annex 1 of the UN Convention on the Law of the Sea, 1982), with the exclusion of the family Alopiidae, the family Sphyrnidae and the following species: Cetorhinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharhinus falciformis, Carcharhinus longimanus

Article 8

Joint Committee

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

(a)
monitoring the performance, interpretation and
application of the Agreement;

(b)
providing the necessary liaison for matters of
mutual interest relating to       fisheries;

(c)
acting as a forum for the amicable settlement of
any disputes regarding the             interpretation or application of the
Agreement;

(d)
reassessing, where necessary, the level of
fishing opportunities, based on     scientific advice, and, consequently, of
the financial contribution;

(e)
decide, as necessary, to revise the technical
provisions of this Agreement and         Annex

(f)
any other function which the Parties may decide.

2.
The Joint Committee shall meet at least once a
year, alternately in the EU and in Seychelles, 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 9

Adjustment of fishing opportunities by decision 
of the Joint Committee

As provided for in Article 8 of this Agreement,
the Joint Committee may reassess the fishing opportunities referred to in
Chapter II of the attached Annex and these may be adjusted by the decision of
the Joint Committee insofar as the recommendations and resolutions of IOTC
support that such an adjustment will secure the sustainable management of tuna
and tuna-like species in the Indian Ocean.

Article 10

Suspension of the implementation of the Agreement

1.
Implementation of this Agreement shall be
suspended at the initiative of either one of the Parties subject to consultations between and agreement of the Parties within
the Joint Committee provided for in Article 8 of the Agreement:

(a)
if exceptional circumstances, other than natural
phenomena, prevent fishing activities in fishing areas within the EU waters;

(b)
where a dispute arises between the Parties over
the interpretation and implementation of this Agreement and its Annex which
cannot be settled;

(c)
if either one of the Parties does not respect
the provisions laid out by this Agreement and its Annex;

(d)
following significant changes in the policy
guidelines of either one of the Parties affecting the relevant provisions of
this Agreement;

(e)
in case of non-compliance with the general
obligations as provided for in the Annex;

(f)
if either one of the Parties ascertains a breach
of essential and fundamental elements on human rights as laid out by Article 9
of the Cotonou Agreement, and following the procedure set out in Articles 8 and
96 thereof;

(g)
in case of non-compliance with the International
Labour Organisation Declaration on Fundamental Principles and Rights at Work as
provided in Article 3 of this Agreement and paragraph 3 of Chapter I of the
attached Annex.

2.
Suspension of implementation of this Agreement
shall require the Party concerned to notify its intention in writing at least
three months before the date on which the suspension is due to take effect

3.
In the event of suspension of implementation,
the Parties shall continue to consult with a view to finding an amicable
settlement to their dispute. Where such settlement is reached, implementation
of this Agreement shall resume and the amount of the financial contribution
shall be reduced proportionately and pro rata temporis according to the
period during which implementation of this Agreement was suspended.

Article 11

Termination

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

2.
For termination of this Agreement, the Party
concerned shall notify the other Party in writing of its intention to terminate
it at least six months before the date on which such termination should take
effect.

3.
Dispatch of the notification referred to in the
previous paragraph shall open consultations by the Parties. In the case, when
following these consultations, a decision is taken to withdraw the termination
request, the Agreement shall continue to be implemented in its entirety.

Article 12

Applicable law

1.
The activities of Seychelles' fishing vessels in
EU waters are subject to the laws and regulations of the EU unless otherwise
provided under this Agreement and the Annex thereof.

2.
The EU shall notify forthwith the Seychelles of any changes in its Common Fisheries Policy or legislation.

Article 13

Confidentiality

Both Parties shall ensure that only aggregated
data related to fishing activities in the EU waters shall be made available to
the public domain, in conformity with the provision of the appropriate IOTC
resolution. Data which may be considered as otherwise confidential shall only
be used exclusively for the implementation of the Agreement and for the
purposes of fisheries management, monitoring, control and surveillance with the
relevant competent authorities.

Article 14

Electronic exchanges of data

1.
The Seychelles and the European Union will
undertake to implement the necessary systems for the electronic exchange of all
information and documents related to the implementation of the Agreement and
the Annex.

2.
Both Parties will immediately notify the other
Party of any disruption of a computer system impeding such exchanges. In these
circumstances, the information and documents related to the implementation of
the Agreement and the Annex shall be automatically replaced by their paper
version in the manner defined in the Annex.

3.
The electronic form of a document and the paper
version are to be considered equivalent.

Article 15

Mid-term Review

The Parties agree that in order to evaluate the
functioning and effectiveness of the Agreement, a mid-term review will be held
three years following the date of the start of the provisional application of
the Agreement.

Article 16

Obligation on Expiry of Agreement or
Termination

In the case of the expiry of the Agreement or
its termination as provided by Article 11, Seychelles vessel owners shall
continue to be liable for any breach of the provisions of the Agreement or any
laws of the EU which occurred before the expiry or termination of the Agreement,
or for any authorisation fee or any outstanding dues not paid at the time of
expiry or termination.

Article 17

Duration

This Agreement shall apply for six years from
the date of its entry into force; it shall be renewable for additional periods
of six years, unless notice of termination is given in accordance with Article
11.

Article 18

Provisional Application

This Agreement shall be applied provisionally on the date on which the Parties notify each other of the completion
of the procedures necessary for that purpose.

Article 19

Entry into force

This Agreement shall
enter into force on the date on which the Parties notify each other of the
completion of the procedures necessary for that purpose.

Annex

Conditions for the exercise of fishing
activities by Seychelles' vessels

Chapter I — General provisions

1.
General Obligations

Seychelles vessels for
which a fishing authorisation has been issued in accordance with this Agreement
shall comply with the provisions of the EU Common Fisheries Policy (CFP)
concerning the conservation and control measures and other provisions governing
fishing by EU fishing vessels in the fishing area in which they operate, and the
provisions laid down in this Agreement.

2.
Fishing areas

(a)
The EU shall provide the Seychelles with the geographic coordinates of the area in which Seychelles vessels may operate before
the provisional application of the Agreement

(b)
Seychelles Vessels shall be prohibited from
using any purse-seine on tuna and tuna-like schools of fish inside the areas
within 24 miles of the coasts of the island of Mayotte, measured from the
baselines from which territorial waters are measured.

(c)
Any modification to the fishing areas will be
communicated, to the Seychelles' authorities, 4 weeks in advance of the
modification before entry into force.

3.
Labour Conditions

The employment of fishermen on board vessels
authorised under this Agreement shall be governed by the International Labour
Organisation (ILO) Declaration on Fundamental Principles and Rights at Work.

Chapter II

Period of Application and fishing
Opportunities

1.
For a period of 6 years, the fishing opportunities
granted under Article 5 of this Agreement shall be as follows:

8 tuna purse-seiners, and

2 Supply vessels

2.
Seychelles Vessels may only engage in fishing
activities in EU waters if they are on the list of authorized fishing vessels
of IOTC and in possession of a fishing authorisation  issued under the
provisions of Article 6 and the conditions established in this Agreement in
accordance with the Annex hereto.

Chapter III

Fishing authorisations

Section 1.

Application and issue of fishing
authorisations

1.
‘Fishing authorisation’ means a valid
entitlement or license to engage in fishing activities in accordance with the
terms of the said fishing authorisation provided under the Agreement.

2.
For a Seychelles' vessel to be eligible for a
fishing authorisation under this Agreement it shall :

(a)
be included in the list of vessels notified by
the Seychelles to carry out fishing activities under the Agreement;

(b)
 be on the list of authorised fishing vessels of
the IOTC.

(c)
have during the most recent 12 months period of
fishing activities under the previous private arrangement between the
shipowners and Mayotte, fulfilled the conditions and obligations to Mayotte
under that arrangement;

(d)
not be included in an IUU list;

(e)
 have available and provide the data required under
this Agreement; and

(f)
Ensure that the fishing authorisation
application is in accordance with the requirements of the Agreement and this
Annex.

3.
Moreover, Seychelles vessels applying for a
fishing authorisation shall comply with the appropriate provisions of Council
Regulation n°1006/2008 relating to fishing authorisations.

4.
All Seychelles vessels applying for a fishing
authorisation should be represented by an agent resident in Mayotte, or in the
absence of an agent resident in Mayotte the agent should be resident in the Seychelles. The name and address of that agent shall be stated in the application.

5.
The relevant Seychelles authorities shall submit
to the competent authority of EU as defined in Article 2 of the Agreement, a
fishing authorisation application for each Seychelles vessel wishing to fish
under this Agreement at least 20 days before the date of commencement of the
period of validity.

6.
Where a fishing authorisation application has
not been submitted prior to the period of validity under point 5, the vessel owner
or his agent may do so during the period of validity, no later than 20 days
before the start of the fishing activities. In such cases, vessel owners or his
agent shall pay the advance fees due for the full validity period of the
fishing authorisation.

7.
Each application for a fishing authorisation
shall be submitted to the competent authority of the EU, through its Delegation
in Mauritius, on a form drawn up in accordance with the specimen in Appendix 1
and shall be accompanied by the following documents:

(a)
proof of payment of the advance fee for the
period of validity of the fishing authorisation;

(b)
any other documents or certificates required
under the specific rules applicable to the type of vessel concerned pursuant to
the Agreement.

8.
All payments related to authorisations and
catches shall be paid into a bank account in the EU, the details of which shall
be provided by the EU before the provisional application of the Agreement. The
associated costs linked to bank transfers shall be borne by vessel owners or
his agent.

9.
Fees shall include all national and local
charges except for port taxes and service charges.

10.
Fishing authorisations for all Seychelles vessels shall be issued to the vessel owner or it's agent within 15 days of
receipt of all the documents referred to in point 7 by the EU. A copy of these
fishing authorisations shall be sent to the Delegation of the European Union
responsible for the Seychelles.

11.
A fishing authorisation shall be issued for a
specific Seychelles vessel and shall not be transferable except for force
majeure, as outlined in point 13 below.

12.
Supply vessels flying the flag of the Seychelles operating within EU waters are also subject to the issuing of an authorisation
and shall be subject to the same obligations as defined in the Annex. The
undertaking of fishing activities by these vessels is
prohibited.

13.
Where force majeure is proven, at the
request of the Seychelles, a Seychelles vessel’s fishing authorisation may be
transferred, for the remaining period of its validity, to another eligible Seychelles vessel with similar characteristics, with no further fee due.

14.
The owner of the first vessel, or his agent,
shall return the cancelled fishing authorisation to the EU, via the Delegation
of the European Union responsible for the Seychelles.

15.
The new fishing authorisation shall take effect
on the day that the vessel’s owner returns the cancelled fishing authorisation
to the EU. The Delegation of the European Union responsible for the Seychelles shall be informed of the fishing authorisation transfer.

16.
The fishing authorisation or an electronic copy
of it must be kept on board the vessel at all times, notwithstanding the
provisions of Chapter VI – Control – point 2, of this Annex.

Section 2.

Shipowners Fee, Advance Payment and
Statement of Fees

1.
The payments to be paid by shipowners  shall be
calculated on the basis of the following rate per tonne of fish caught;

For the first year of application of the Agreement,
110 EUR per tonne;

For the second and third years of application
of the Agreement, 115 EUR per tonne;

For the fourth and fifth years of application
of the Agreement, 120 EUR per tonne;

For the sixth year of application of the Agreement,
125 EUR per tonne;

2.
The annual advance payment to be paid by
the shipowners of Seychelles vessels at the time of application for a fishing
authorisation to the EU authorities and to be issued by the EU shall be as
follows:

Tuna Purse
Seine Vessels

For the first year of application of the
Agreement, the advance payment shall be 11 000 EUR, which the equivalent of 110
EUR per tonne for 100 tonnes of tuna and tuna like species caught within Mayotte waters.

For the second and third years of application
of the Agreement, the advance payment shall be 11 500 EUR, which the equivalent
of 115 EUR per tonne for 100 tonnes of tuna and tuna like species caught within
 Mayotte waters.

For the fourth and fifth year of application of
the Agreement, the advance payment shall be 12 000 EUR, which the equivalent of
120 EUR per tonne for 100 tonnes of tuna and tuna like species caught within Mayotte waters.

For the sixth year of application of the
Agreement, the advance payment shall be 12 500EUR, which the equivalent of 125
EUR per tonne for 100 tonnes of tuna and tuna like species caught within Mayotte waters.

3.
For catches in excess of the 100 tonnes, the
yearly rate per tonne of catch provided for in Paragraph 1 shall apply.

4.
The EU authorities shall draw up a statement of
fees due in respect of the previous calendar year on the basis of catch
declarations submitted by Seychelles' vessels and other information in the
possession of the EU authorities. A copy shall also be provided to the Seychelles' authorities for verification.

5.
The statement shall be sent to the Seychelles authorities before 31 March of the current year. The Seychelles' authorities
shall transmit it before 15 April to the vessel owner.

6.
Where the vessel owner does not agree with the
statement submitted by the EU authorities, he may consult the competent
scientific institutes for verifying catch statistics in the Seychelles and thereafter discuss together with the Seychelles authorities, who shall inform the
Commission thereof, to establish the final statement before 31 May of the
current year. In the absence of observations by the vessel owners at that date,
the statement submitted by the EU authorities shall be considered as the final
one. Where the final statement is less than the advance payment referred to in
paragraph 2, the balance shall not be recoverable by the vessel owners.

Supply Vessels

7.
An authorisation for a supply vessel will be
provided through the same procedure as for fishing vessels and the advance fee
for the provision of an authorisation will be 3 000 EUR. In the event of any
change in the provisions, fees and conditions relating to supply vessels, the
EU shall inform the Seychelles of this change before it enters into effect.

CHAPTER IV — Monitoring

Section 1

Catch reporting

1.
All Seychelles vessels authorised to fish in EU
waters under the Agreement shall communicate their catches to the competent
authority of EU in the following manner, until such time as the Electronic Catch
Reporting System, (ERS), is implemented by both Parties as referred hereunder
in Paragraph 5:

(a)
Seychelles vessels licensed to fish in EU waters
shall fill a statement of catch form as set out in Appendix 2 on a daily basis,
for each trip they undertake in EU waters. In the absence of catches, the form
shall still be filled in. The form shall be filled in legibly and signed by the
master of the vessel or his representative.

(b)
While in EU waters, Seychelles vessels shall
report to the competent authority of the EU and the Seychelles, every three (3)
days, the information required in the format provided for in Appendix 2, as
appropriate.

(c)
As far as the submission of the statement of
catch form referred to in points a) and c) is concerned, the Seychelles' vessels shall:

–
in the case they call into a Seychelles' port,
submit the completed form to the Seychelles authorities within five (5) days of
arrival, or in any event before they leave port, whichever occurs first;

–
in any other case, send the completed form to
the Seychelles authorities within fourteen (14) days of arrival in any port
other than Victoria.

(d)
Copies of these statement of catch forms must
simultaneously be sent to the EU Delegation in Mauritius, within the same time
frame as provided in point 1 b) above.

Section 2

Catch communication: entering and
leaving EU waters

1.
For the purposes of this Annex, the duration of
a trip by a Seychelles flagged vessel shall be defined as follows:

–
-either the period elapsing between entering and
leaving EU waters;

–
-or the period elapsing between entering EU
waters and a transhipment;

–
-or the period elapsing between entering EU
waters and a landing in the EU.

2.
Seychelles' vessels
shall notify the EU authorities at least six (6) hours in advance of their
intention to enter or leave EU waters and every three days during their fishing
activities in EU waters of their catches during this period.

3.
When notifying entry/leaving, Seychelles' vessels shall also communicate their position at the time of communication and
the volume and species in catches kept on board. These communications shall be
made in the format set out in Appendix 4, by e-mail or fax , to the addresses
provided therein.

4.
Seychelles' vessels
found to be fishing without having informed the EU authorities shall be deemed
as vessels without a fishing authorisation. The sanctions referred to in
Chapter VII, will be applicable in such cases.

Section 3

Transhipment and landings

1.
Landings

1.
The designated port for landing activities in
the Seychelles is Victoria, Mahé.

2.
All Seychelles vessels wishing to land catches
in Seychelles' designated ports shall notify the following information to the
competent authority of Seychelles at least 24 hours in advance:

(a)
the landing port;

(b)
the name and International Radio Call Sign (IRCS)
of the landing fishing vessel;

(c)
the date and time of landing;

(d)
the quantity in Kg, rounded to the nearest
100Kg, by species to be landed;

(e)
the product form presentation.

3.
Landings shall be considered as an exit from EU waters
as defined in Section 2.1 of this Chapter. Seychelles vessels shall therefore
submit their Landing Declarations to the competent authorities of Seychelles.

2.
Transhipments

1.
Transhipment at sea is prohibited, and any
person infringing this provision shall be liable to the enforcement measures
provided for by EU legislation. Transhipments may  be carried out within a
designated port of Mayotte.

2.
In the case of a transhipment in a designated port of Mayotte, the Seychelles vessel shipwners  or their agents, must notify the following
information to the competent EU authorities and, at the same time, to the port
authority concerned in Mayotte at least 72 hours in advance:

(a)
the transhipment port or area where the
operation will occur;

(b)
the name and IRCS of the donor Seychelles vessels;

(c)
the name and IRCS of the receiving fishing
vessel and/or reefer;

(d)
the date and time of transhipment;

(e)
the quantity in Kg, rounded to the nearest
100Kg, by species to be transhipped;

(f)
the product form presentation.

3.
Transhipment shall be considered as an exit from
EU waters as defined in Section 2.1. Seychelles vessels shall submit their
catch declarations to the EU competent authorities and with a copy to the port
authority, no later than twenty four (24) hours after completion of the
transhipment, or in any event, before the donor vessel leaves port, whichever
occurs first.

Section 4
Vessels Monitoring System (VMS)

With regards to the Vessel Monitoring
System, all Seychelles' vessels fishing, or intending to fish, in the fishing
areas within EU waters under this Agreement, shall comply with all the
provisions defined in the Appendix 6.

Chapter V

Observers

1.
Both Parties recognize the importance of
respecting the obligations of IOTC Resolution 11/04 with regards to the
Scientific Observer Programme.

2.
Seychelles vessels authorised to fish in EU
waters under this Agreement shall take on board observers appointed by the EU authorities,
except in case of space limitations due to security requirements. The
provisions relating to the embarkation of observers are as follows:

(a)
Seychelles vessels shall
take on board one observer if possible, in the context of a regional
observation programme.

(b)
The EU authorities shall draw up a list of Seychelles vessels designated to take an observer on board and a list of appointed
observers. These lists shall be kept up to date. They shall be forwarded to the
  Seychelles authorities as soon as they have been drawn up, and every three
months thereafter, where they have been updated.

(c)
The EU authorities shall inform the shipowners of
the Seychelles vessels concerned, or their agents, of the name of the observer
appointed to be taken on board their vessel no later than 15 days before the
observer’s planned embarkation date.

3.
The time spent on board by observers not exceed
the time required to carry out their duties, unless the observer is appointed
in the context of regional Observer Programmes where he/she may remain on board
to undertake his/her duties in the context of the Programme. The EU authorities
shall inform the Seychelles vessel owners or their agents thereof when
notifying them of the name of the observer appointed to be taken on board the Seychelles vessel concerned.

4.
The conditions under which observers are taken
on board shall be agreed between shipowners or their agents and the EU authorities
after notification of the list of designated Seychelles vessels.

5.
Within two weeks and giving ten days’ notice,
the shipowners of the Seychelles vessels concerned shall make known at which
port of the EU and on what dates they intend to take observers on board.

6.
Where observers are taken on board in a foreign
port, their travel costs shall be borne by the shipowner. Should a Seychelles vessel with an observer from the EU on board leave EU waters, all measures must be taken
to ensure the observer returns to the EU as soon as possible at the expense of
the shipowner, unless the observer is continuing with the Seychelles vessel in the context of his observer duties through another Agreement or
observer programme.

7.
If the observer is not present at the time and
place agreed and during the twelve 12 hours following the time agreed, Seychelles
vessel shipowners shall be automatically absolved of their obligation to take
the observer on board.

8.
Observers shall be treated as officers. They
shall carry out the following tasks:

(a)
observe the fishing activities of the Seychelles vessels;

(b)
verify the position of Seychelles vessels engaged in fishing operations;

(c)
note the fishing gear used;

(d)
verify the catch data for EU waters recorded in
the logbook;

(e)
verify the percentages of by-catches and
estimate the quantity of discards;

(f)
report fishing data including the quantity of
catches and by-catches on board taken in EU waters, once a week by e-mail or
fax or other means of communication,.

9.
Masters of Seychelles vessels shall do
everything reasonably practicable to ensure the physical safety and welfare of
observers while on board.

10.
Similarly, as far as possible, they shall be
offered every facility needed to carry out their duties. The master shall give
them access to the means of communication needed for the discharge of their
duties, to documents directly concerned with the vessel’s fishing activities,
including in particular the logbook and the navigation log, and to those parts
of the vessel necessary to facilitate the performance of their tasks as
observers.

11.
While on board, observers shall:

(a)
take all appropriate steps to ensure that the
conditions of their boarding and presence on the vessel neither interrupt nor
hamper fishing operations;

(b)
respect the material and equipment on board and
the confidentiality of all documents belonging to the vessel;

(c)
At the end of the observation period and before
leaving the Seychelles vessel, observers shall draw up an activity report to be
transmitted to the competent authorities of the EU, with a copy to the Seychelles , which shall be signed by the observers. A copy of the report shall be handed
to the master when the observers leave the Seychelles vessel.

12.
Seychelles vessel
shipowners shall bear the cost of accommodating observers in the same
conditions as the officers on the vessel.

13.
The salary and applicable taxes of the observers
shall be borne by the competent authorities of the EU.

Chapter VI

Control

1.
Seychelles vessels shall
comply with the applicable law of the EU regarding fishing gears and the
technical specifications thereof and all other technical measures applicable to
their fishing activities, as well as with the conservation, management and
other measures adopted by the Indian Ocean Tuna Commission.

2.
The Seychelles shall keep an up-to-date list of
the Seychelles vessels to which a fishing authorisation has been issued under
this Agreement. This list shall be notified to the authorities of the EU responsible
for fisheries inspection as soon as it is drawn up and each time it is updated.

3.
Masters of Seychelles' vessels engaged in
fishing activities in EU waters shall cooperate with any EU authorised and duly
identified officer carrying out inspection and control of fishing activities.

4.
In order to facilitate safer inspection
procedures, without prejudice to the provisions of EU legislation, boarding
should be conducted in such a way that the inspection platform and the
inspectors can be identified as being authorised by the EU to carry out such
tasks.

5.
The EU shall make available to the Seychelles a list with all inspection platforms used for sea inspections in line with FAO
UNFSA recommendations. This list should contain inter alia:

·
Fisheries Patrol Vessels (FPV) names;

·
FPV Vessel details;

·
FPV photo.

6.
The EU may on the request of the Seychelles or a body designated by it, allow Seychelles inspectors to observe the activities of Seychelles vessels, including transhipments, during onshore based controls.

7.
Once an inspection has been completed and the
inspection report signed by the inspector, the report shall be made available
for signature, comments and remarks, if any, by the master. This signature
shall not prejudice the rights of the Parties in the context of alleged
infringement procedures. A copy of the inspection report shall be given to the
master of the Seychelles vessel before the inspection boarding party leaves the
vessel.

8.
These authorised officers shall not remain on
board for longer than is necessary for the discharge of their duties.

9.
Masters of Seychelles' vessels engaged in
landing or transhipment operations in an EU port shall allow and facilitate the
inspection of such operations by EU and /or Seychelles authorised officers.

10.
Where the provisions set out in this Chapter are
not complied with, the EU reserves the right to suspend the fishing
authorisation of the offending Seychelles vessel until formalities have been
completed and to apply the penalty laid down in existing EU legislation. The Seychelles shall be informed thereof.

Chapter VII

Enforcement

1.
Sanctions

1.
Failure to observe any one of the provisions of
the above chapters, the management and conservation of marine living resources
measures, or the EU legislation, Seychelles vessels shall be subject to the
penalties and sanctions provided for in accordance with EU legislation.

2.
The Seychelles' shall be immediately and fully
informed of any sanctions and of all relevant facts related thereto.

3.
Where a sanction takes the form of suspension or
revocation of a fishing authorisation, during the remaining period of the
validity of a fishing authorisation which has been suspended or revoked, the Seychelles'
may request another fishing authorisation which would have otherwise have been
applicable, for a Seychelles vessel from another shipowner

2.
Arrest and detention of fishing vessels

1.
The EU authorities shall inform immediately the Seychelles of the arrest and/or detention of any Seychelles vessel operating under the Agreement and
shall transmit a copy of the inspection report, detailing the circumstances and
reasons of the arrest and/or detention within 48 hours.

2.
Information exchange procedure in the event of
arrest and/or detention

(a)
Whilst respecting the deadlines and procedures
of legal proceedings as provided for by the EU legislation relating to arrest
and/or detention, a consultation meeting shall be held, upon receipt of the
above information, between the European Commission and the Seychelles competent authorities.

(b)
At the meeting, the Parties shall exchange any
relevant documentation or information helping to clarify the circumstances of
the established facts. The ship-owner or its agent shall be informed of the
outcome of the meeting and of any measures resulting from the arrest and/or
detention.

3.
Settlement of arrest and/or detention

(a)
An attempt shall be made to resolve the presumed
infringement amicably. This procedure shall be completed no later than three
working days after the arrest and/or detention, in conformity with EU
legislation.

(b)
In the event of an amicable settlement, the settlement
shall be determined in accordance with the procedures provided for in EU
legislation. If such an amicable settlement is not possible, the legal
proceeding shall take its course.

(c)
The Seychelles vessel shall be released and its
master discharged once the obligations arising under the amicable settlement
have been fulfilled and the legal proceedings have been completed.

4.
The Seychelles shall be kept informed of any
proceedings initiated and penalties imposed.

Appendices

1.
Fishing authorisation application form

2.
Statement of catch form for
tuna seiners

3.
Communication Format Reports

4.
Guidelines for the management and the
implementation of the electronic system for communication of data relating to
fishing activities (ERS)

5.
Communication of VMS messages – Position Report.

6.
VMS Framework guide lines.

Appendix 1

Application for Fishing Authorisation

I - APPLICANT

1.             Name of Applicant:

2.             Name
of the Producer Organisation (PO), or Ship-owner's representative:

3.             Address
of the PO or Ship-owner's representative:

4.             Tel No:

Fax:

e-mail:

5.             Master's
Name:

Nationality:

e-mail:

6.             Ship-owner
or Chartering entity if different from above:

II - VESSEL IDENTIFICATION DETAILS

1.             Vessel's Name:

2.             Flag State:

Port of registration:

3.             External
Marks:

MMSI :

IMO No. :

RFMO No.:

5.             Date
of current flag Registration (DD/MM/YYYY):
......./......./.........

Previous Flag (if applicable):.............................................................

6.             Place
of construction:

Date (DD/MM/YYYY):
......../......./............

IRCS:

7.             Radio
Call Frequency: HF: .................................... VHF: .................................

Vessel Satellite Phone No.:

III - VESSEL TECHNICAL DETAILS

1.             Vessel
LOA (mts):
....................................

BOA (mts): ...................................

GT:
.........................................

Net
T:....................................

2.             Hull
material:                    Steel  ̈             Wood  ̈           Polyester  ̈

Other  ̈
...........................................................................

3.             Engine
Type

Engine
Power (in HP) :

Engine
Manufacturer:

4.             Max.
Crew Members:

5.             Conservation
method on board:          Ice  ̈                Refrigeration  ̈             Mixed  ̈             Frozen ̈

6.             Processing
capacity per day (24h) in Tones:

No. of Fish Holds:

Fish Holds Total capacity (m3) :

7.             Type
of Vessel:  ̈ Purseiner           ̈ Longliner          ̈ Support Vessel (*)

8.             VMS.
Details of the Automatic Location Device:

Manufacturer:

Model:

Serial
No.:

Software
Version:

Satellite
Operator (MCSP):

IV - FISHING ACTIVITY

1.             Fishing
gear authorised:

2.             Authorised
Waters:

3.             Target
species: ______________________________________________________________________________________

4.             License period requested from (DD/MM/YYYY):
........... / .......... / .................. To: .........../ ........ / ..............

5.             Requirement
for disposal of by catch: As per EU legislation

6.             Reporting
requirement: As per EU legislation.

I the
undersigned, hereby certify that the information provided in this application
is true and correct and given in good faith.

Issued
in ________________________________________, _____ _______________________ 20__
___

Signature of the Applicant:
_______________________________________________________________

FOR OFFICIAL USE ONLY

Licence fee EUR:
_________________________________________ Processing fees EUR:
__________________________________

 ̈ Cheque No.: _________________________  ̈ Bank Transfer Refa:
__________________________Receipt No: _______

Signature of Cashier:
______________________________________________________ Date (DD/MM/YYYY): ____ / _____ / _____

(*) The list of
fishing vessels supported by this Support Vessel should be attached to this
form, if possible. The list should contain the name and RFMO (IOTC) number.

Appendix
2

Statement of catch form for
tuna seiners / Fiche de déclaration de captures pour thoniers senneurs

DEPART / SALIDA / DEPARTURE || ARRIVEE / LLEGADA / ARRIVAL || NAVIRE / BARCO / VESSEL || PATRON / PATRON / MASTER || FEUILLE

PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH || PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH || || || HOJA / SHEET N°

DATE FECHA DATE || POSITION (chaque calée ou midi) POSICION (cada lance o mediadia) POSITION (each set or midday) || CALEE LANCE SET || CAPTURE ESTIMEE ESTIMACION DE LA CAPTURA ESTIMATED CATCH || ASSOCIATION ASSOCIACION ASSOCIATION || COMMENTAIRES OBSERVATIONES COMMENTS || || COURANT CORRIENTE CURRENT

|| || || || || || 1 ALBACORE RABIL YELLOWFIN || 2 LISTAO LISTADO SKIPJACK || 3 PATUDO PATUDO BIGEYE || AUTRE ESPECE préciser le/les nom(s) OTRA ESPECIE dar el/los nombre(s) OTHER SPECIES give name(s) || REJETS préciser le/les nom(s) DESCARTES dar el/los nombre(s) DISCARDS give name(s) || || || || || || || Route/Recherche, problèmes divers, type d'épave (naturelle/artificielle, balisée, bateau), prise accessoire,  taille du banc,  autres associations, ... Ruta/Busca, problemas varios, tipo de objeto (natural/artificial, con baliza, barco), captura accesoria, talla del banco, otras asociaciones, ... Steaming/Searching, miscellaneous problems, log type (natural/artificial, with radio beacon, vessel), by catch, school size, other associations, ... || || ||

|| || || || || || Taille Talla Size || Capture Captura Catch || Taille Talla Size || Capture Captura Catch || Taille Talla Size || Capture Captura Catch || Nom Nombre Name || Taille Talla Size || Capture Captura Catch || Nom Nombre Name || Taille Talla Size || Capture Captura Catch || || || || || || || || || ||

Une calée par ligne / Uno lance cada línea / One set by line

|| || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || ||

SIGNATURE                                                                                     DATE

Appendix
3

Guidelines for the management and the
implementation of the electronic system for communication of data relating to
fishing activities (ERS)

Section 1

General provisions

1.
Each Seychelles vessel authorised to fish in EU
waters shall be equipped with an electronic system, hereinafter called ‘system
ERS’, capable of recording and transmitting data relating to the fishing
activities of the vessel, hereinafter ‘ERS data’, where the vessel operates in
the fishing area as defined in Chapter I point 2 (a) of the Annex, hereinafter
referred to as fishing area.

2.
A Seychelles vessel that is not equipped with an
ERS system, or whose ERS system is not functional, is not authorised to enter
in the fishing area of the EU to conduct of fishing activities.

3.
The EU authorities shall inform the Seychelles of the details of the Fisheries Monitoring Centre (FMC) in the EU, hereinafter
the EU FMC, having the responsibility for the monitoring activities foreseen
under this Agreement.

4.
The Seychelles Fisheries Monitoring Centre (FMC)
shall automatically and without delay forward time critical ERS messages (COE,
COX, PNO) received from the Seychelles vessel to the EU FMC. Daily catch
reports (FAR) would be made available automatically and without delay to the
Seychelles FMC.

5.
The Seychelles shall ensure that its FMC is
equipped with computer hardware and software necessary for the automatic transmission
of ERS data in XML format available at
[http://ec.europa.eu/cfp/control/codes/index_en.htm], and have a safeguard
procedure capable of registering and store the ERS data in a computer readable
form for a period of at least 3 years.

6.
Any amendment or update of the format referred
to in paragraph 5 above will be identified and dated and needs to be
operational six months after its implementation.

7.
The transmission of ERS data shall use
electronic means of communication managed by EU authorities, identified as DEH (data
exchange highway).

8.
The EU and the Seychelles shall each designate
one ERS correspondent which shall act as the contact point.

(a)
The corresponding ERS shall be appointed for a minimum
period of six months;

(b)
The EU FMC and the Seychelles FMC shall
communicate to each other the names, address, telephone, telex, e-mail of their
corresponding ERS;

(c)
Any change in the details of that corresponding
ERS must be communicated without delay.

Section 2

Preparation
and submission of ERS data

1.
The Seychelles vessel shall:

(a)
Communicate daily the ERS data for each day
spent in the EU fishing area,

(b)
Record for each seine haul the quantities of
each species caught and retained on board as target species or by-catch, or
rejected;

(c)
For each species identified in the fishing
authorisation issued by the EU, the discarded or spoiled catch must also be
declared;

(d)
Identify each species by its FAO alpha 3 code;

(e)
Express the quantities in kilograms of live
weight or, if necessary, the number of individual fish;

(f)
Register in the ERS data, for each species
identified in the fishing authorisation issued by the EU, the quantities which
are transhipped and/or unloaded;

(g)
Register in the ERS data, message when entering
(COE) and exit (message COX) the EU fishing area, a specific message containing
for each species identified in the fishing authorisation issued by the EU the
quantities retained on board at the time of each piece;

(h)
Transmit daily the ERS data to the FMC of the Seychelles, using the format referred to in paragraph 5 of Section 1 above, at the latest
by 23: 59 UTC.

2.
The master shall be responsible for the accuracy
of the ERS data recorded and sent.

3.
The Seychelles FMC shall send automatically and
immediately, the ERS data to the EU FMC.

4.
The EU FMC shall confirm receipt of ERS data by
a feedback message and process all the ERS data as confidential.

Section 3

Failure
of the ERS system on board the Seychelles vessel and/or transmission of ERS data
between the vessel and the Seychelles FMC

1.
The Seychelles shall immediately inform the
master and/or the owner of the Seychelles vessel, or his representative, of any
technical failure of the ERS system installed on board the vessel or
non-function of the ERS, data shall be transmitted between the vessel and the
Seychelles FMC.

2.
The Seychelles shall inform the EU authorities of
the malfunction and corrective measures taken.

3.
In the event of a failure of the ERS system on
board the Seychelles vessel, the master and/or the owner shall provide for
repair or replacement of the ERS system within 10 days. If the Seychelles vessel is performing a port call in the 10-day-period, it may resume fishing
activities in the EU fishing area when the ERS system becomes fully functional
again without an authorisation issued by the EU.

4.
A Seychelles vessel shall not leave a port,
following a technical failure of the ERS unless:

(a)
the ERS system is fully functional to the
satisfaction of the Seychelles and the EU, or

(b)
 the Seychelles vessel has no intention to
resume its fishing activities in the EU waters, and it is authorised to leave
port by the Seychelles competent authority.

(c)
In the latter case, the Seychelles shall inform the EU of its decision before allowing the Seychelles vessel to leave port.

5.
Any Seychelles vessel which operates in the EU
fishing area with a defective ERS system shall send daily and at the latest by
23: 59 UTC all the ERS data to the Seychelles FMC by any other available
electronic means of communication and to the EU until such time as the ERS
system is repaired in the deadline referred to in paragraph 3

6.
The ERS data which could not be made available
to the EU authorities via the ERS system due to failure referred to in
paragraph 1 shall be sent by the Seychelles FMC to the EU FMC by other mutually
agreed electronic format. This alternative should be considered as a priority,
it being understood that the transmission deadlines normally applicable may not
be respected.

7.
If the EU FMC does not receive the ERS data of a
 Seychelles vessel for three consecutive days, the EU may instruct the Seychelles vessel to proceed immediately to a port designated by the EU for investigation.

Section 4

Failure
of FMC — non-receipt of ERS data by the EU FMC

1.
When an FMCs of one of the Parties receives no
ERS data, it shall without delay inform the FMC of the other Party, and, if
necessary, contribute to the resolution of the problem.

2.
The Seychelles FMC and the EU FMC shall mutually
agree alternative electronic means of communication to be used for the
transmission of ERS data in the event of a failure of FMC and inform each other
immediately of any change.

3.
When the EU FMC indicates that ERS data have not
been received and the Seychelles FMC identifies the causes of the problem, Seychelles shall take the appropriate measures to resolve the problem. The Seychelles FMC
shall inform the EU FMC of the problem and the outcome and measures taken
within 24 hours of the failure being identified.

4.
If the problem requires more than 24 hours to
resolve, the Seychelles FMC shall immediately send the missing ERS data to the EU
FMC using one of the alternative electronic means referred to in Point 6 of
Section 3.

5.
The EU shall inform its competent control
services (MCS) of the malfunction so that Seychelles vessels are not suspected
of having committed an infringement for the non-transmission of ERS data by the
FMC of the Seychelles due to the failure of that FMC.

Section 5

Maintenance
of a FMC

1.
Planned maintenance operations of an FMC
(maintenance programme) and which may affect transmission of ERS data should be
notified to the other FMC at least 72 hours beforehand, indicating if possible,
the date and length of the maintenance. Unforeseen interruptions, breakdowns or
maintenance, should be notified as soon as possible to the other FMC.

2.
During maintenance, the provision of ERS data may
be put on hold until the system is operational again. The ERS data concerned
are then made available immediately after the end of the interruption.

3.
If the maintenance operation is over 24 hours,
the ERS data shall be transmitted to the other FMC using one of the alternative
electronic means referred to in point 6 of Section 3.

4.
The Seychelles and the EU shall inform its
competent control services (MCS) of the maintenance, so that Seychelles vessels are not suspected of having committed an infringement for the non-transmission
of ERS data due to maintenance of a FMC.

Appendix
4

Communication
Format Reports

Entry Report (COE)[1]

Content || Transmission

Destination || FRA

Action code || COE

Vessel Name ||

IRCS ||

Position of entry || LT/LG

Date and Time (UTC) of entry || DD/MM/YYYY – HH:MM

Quantity (Mt) of fish on board per specie: ||

Yellowfin (YFT) || (Mt)

Bigeye Tuna (BET) || (Mt)

Skipjack (SKJ) || (Mt)

Others (Specify) || (Mt)

Exit Report (COX)[2]

Content || Transmission

Destination || FRA

Action code || COX

Vessel Name ||

IRCS ||

Position of entry || LT/LG

Date and Time (UTC) of exit || DD/MM/YYYY – HH:MM

Quantity (Mt) of fish on board per specie: ||

Yellowfin (YFT) || (Mt)

Bigeye Tuna (BET) || (Mt)

Skipjack (SKJ) || (Mt)

Others (Specify) || (Mt)

Catch Report (CAT) Format
once inside EU Fishing Areas[3].

Content || Transmission

Destination || FRA

Action code || CAT

Vessel Name ||

IRCS ||

Date and Time (UTC) of report || DD/MM/YYYY – HH:MM

Quantity (Mt) of fish on board per specie: ||

Yellowfin (YFT) || (Mt)

Bigeye Tuna (BET) || (Mt)

Content || (Mt)

Others (Specify) || (Mt)

Number of sets made since last report ||

All reports shall be transmitted to the competent authority through
the following contacts:

E-mail: cnsp-france@developpement-durable.gouv.fr

Fax:
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Appendix 5

Communication of VMS messages

Position report

Given || Code || Mandatory/Optional || Comments

Start record || SR || O || System detail — indicates start of record

Consignee || AD || O || Message detail — recipient.Alpha 3 ISO country code

Consignor || FS || O || Message detail — sender.Alpha 3 ISO country code

Type of message || TM || O || Message detail -type of message shall be “POS”

Radio call sign || CR || O || Vessel detail — international radio call sign of vessel

Internal reference number to the Contracting Party || IR || F || Vessel detail — unique contracting party number (ISO-3 code of flag State followed by number)

External registration number || XR || F || Vessel detail — number marked on side of vessel

Flag State || FS || F || Flag state detail

Latitude || The || O || Vessel position detail — position in degrees and minutes N/S DDMM (WGS -84)

Longitude || Lo || O || Vessel position detail — position in degrees and minutes E/W DDMM (WGS-84)

Date || DA || O || Vessel position detail — date of record of UTC position (YYYYMMDD)

Hour || TI || O || Vessel position detail — time of record of UTC position (HHMM)

End of record || ER || O || System detail -indicates end of record

Character set:ISO 8859.1

Each data transmission is structured as follows:

–
A double slash (//) and the code ‘SR’ indicate
the start of the message,

–
A double slash (//) and field code indicate the
start of a data element,

–
A single slash (/) separates the field code and
the data,

–
Pairs of data are separated by space;

–
The code ‘er’ and a double slash (//) at the end
indicate the end of a record.

–
Optional data elements have to be inserted
between the start and end of the record.

Appendix 6

Vessel Monitoring System (VMS)

General
Principles

1.
With regards to the Vessel Monitoring System
mentioned in the Chapter IV Section 4 of the Annex to the Agreement, all
Seychelles  vessels fishing, or intending to fish, in EU fishing area as
defined in Chapter I point 2 (a) of the Annex, hereinafter referred to as
fishing area, shall comply with all the following provisions.

2.
A Seychelles vessel that is not equipped with an
VMS Vessel Locator Device (VLD), or if the VLD installed on board is not
functional, is not allowed to enter the EU fishing area to conduct fishing
activities.

3.
Seychelles vessels
positions and movements shall be monitored, inter alia, by a VMS, without
discrimination, in accordance with the provisions set out below.

4.
For the purposes of VMS, the EU authorities
shall communicate to the EU Fisheries Monitoring Centres (FMCs) the
geographical coordinates (Latitudes and Longitudes) of the EU fishing area.

5.
The EU authorities will transmit this
information in electronic format, expressed in degrees decimal in the WGS-84 datum
to the Seychelles competent authorities.

6.
The EU authorities and the Seychelles FMC will
exchange information on their respective contact coordinates, namely electronic
addresses in https format or, where appropriate, other secure communication
protocol, and the specifications to be used in their respective FMCs as well as
any alternative means of communication to be used in case of failure.

7.
All Seychelles vessels holding a fishing
authorisation must be equipped with a fully operational Vessel Location Device
(VLD) installed on board, to enable automatic and continuous communication of
their geographical coordinates, to the Seychelles FMC.

8.
The frequency of transmission shall be on an
hourly basis.

9.
It is agreed that, at the request of either
Party, there will be an exchange of information on the VMS equipment used, in
order to ensure that the said equipment is fully compatible with the
requirements of the other Party for the purposes of these provisions.

10.
The Parties agree to review these provisions as
and when appropriate, including the relevant analysis of cases of
malfunctioning or anomalies related to individual Seychelles vessels. All such
cases will have to be notified by the EU authorities to the Seychelles competent authorities and to the European Commission at least 15 days before the
review which shall occurs in the framework of the Joint Committee (JC).

11.
Any dispute concerning the interpretation or the
application of these provisions shall be subject to consultation between the
Parties within the framework of the Joint Committee provided for in Article 8
of this Agreement.

Integrity
of the VMS

12.
The Seychelles vessel Master is prohibited, or
anyone authorised by him to switch off, obstruct its VLD, or interferes in any
form with the data transmitted to the Seychelles  FMC, when operating in EU
fishing area .

13.
The master shall be responsible for the accuracy
of the VMS data recorded and transmitted.

14.
In particular, the Master shall ensure that:

(a)
data are not altered in any way;

(b)
the antenna or the antennas connected to the
satellite tracking devices are not obstructed in any way;

(c)
the power supply of the satellite tracking
devices is not interrupted in any way;

(d)
the Seychelles vessel tracking device is not
removed from or the place where the device was first installed;

(e)
Any replacement of a Seychelles vessel tracking
device is immediately notified to the EU competent authority.

(f)
Any breach of the above-mentioned obligations
may render the master liable for sanctions as provided under the applicable EU
law.

15.
The VMS hardware and software components shall
be, as far as possible, tamper proof i.e. shall not permit the input or output
of false positions and must not be capable of being manually over-ridden.

16.
The system shall be fully automatic and
operational at all times regardless of environmental conditions. It shall be
prohibited to destroy, damage, render inoperative or otherwise interfere with
the satellite tracking device.

17.
The position of the vessels will be determined
with a margin of error of less than 100 metres and with a confidence interval
of 99%.

VMS
data transmission

18.
When a Seychelles vessel fishing under this
Agreement enters into the EU fishing area, subsequent position reports shall be
automatically communicated by the Seychelles FMC  to the EU FMC , in real time,
on a frequency set on paragraph 8 above.

19.
The VMS messages reported shall be identified by
using the following 3 letter codes:

(a)
"ENT", first VMS data report
transmitted by each vessel upon entering the EU fishing area;

(b)
"POS", every VMS data report
transmitted by each vessel while within the EU fishing area;

(c)
"EXI", first VMS data report transmitted
by each vessel after exiting the EU fishing area;

20.
The frequency of transmission can be changed up
to a 30 minutes basis, when strong evidence is provided demonstrating that the Seychelles vessel is perpetrating an infringement.

(a)
This evidence shall be submitted by the EU FMC
to the Seychelles FMC and to the European Commission, along with the request to
alter frequency. The Seychelles FMC shall send the data to the EU FMC,
automatically, and in real time, immediately after receiving the request.

(b)
The EU FMC shall notify immediately the
Seychelles FMC and the European Commission of the end of the monitoring
procedure.

(c)
The Seychelles FMC and the European Commission
shall be informed of the follow up of any inspection procedure based on the
special request under this point .

21.
The messages referred to in paragraph 19 shall
be transmitted electronically in https format, or other secure communication
protocols, subject to prior agreement between the relevant FMCs.

Malfunction
of the VMS equipment on board of the Seychelles vessel

22.
In the event of a technical problem or
malfunction of the VLD installed on board the Seychelles vessel, the master of
that vessel shall communicate the information specified in paragraph 19 above,
by any of the communications form agreed in the paragraph 6 above, to the
Seychelles FMC, starting from the time when the failure or malfunction was
informed by the EU competent authority.

23.
At least one global position report every four
hours shall be transmitted while the Seychelles vessel stays in the EU fishing
area. This global position report will include the hourly positions as
registered by the master of that vessel during those four hours and as
described in Appendix 5.

24.
The Seychelles FMC shall forward these messages
to the EU FMC without delay. In case of necessity or doubts, the EU competent
authority may request a transmission of position report every hour from a given
  Seychelles vessel.

25.
Defective equipment shall be repaired or
replaced as soon as the Seychelles vessel concludes its fishing trip. Any new
fishing trip shall not begin until the equipment has been repaired or replaced
and duly authorised by the Seychelles  competent authority, which will notify
the EU authorities of its decision.

FMC
failure - Non-receipt of VMS data by the EU FMC

26.
When one of the FMCs does not receive VMS data,
this FMC shall promptly inform the other FMC contact and, if necessary, work
together to solve the problem.

27.
The Seychelles FMC and the EU FMC will,
mutually, agree before the provisional application of the Agreement alternative
electronic means of communication to be used for the transmission of VMS data
in case of failure of the FMC, and inform without delay of any changes to these
means.

28.
Whenever the EU FMC reports that the VMS data
have not been received, the Seychelles FMC shall identify the causes of the
problem and take appropriate measures to ensure that the problem is solved. The
Seychelles FMC shall notify the EU FMC of the results and measures taken,
within 24 hours from the acknowledgment of the failure.

29.
If the resolution of the problem requires more
than 24 hours, the Seychelles FMC shall forward the missing VMS data to the EU
FMC, using the alternative means of communication referred to in paragraph 27
above.

30.
EU shall inform its competent Monitoring Control
and Surveillance (MCS) services so that Seychelles vessels are not subject to
any infringement procedure for the non-reception of VMS data by the EU FMC due
to the failure of the FMCs systems.

Maintenance
of an FMC

31.
The scheduled maintenance of an FMC (maintenance
program) that is likely to affect the exchange of VMS data, must be notified to
the other FMC at least 72 hours in advance, indicating if possible, the date
and the duration of the maintenance. Unscheduled maintenance shall be
communicated as soon as possible to the other FMC.

32.
During the maintenance, the provision of VMS
data can be queued until the system is operational again. Relevant VMS data are
then made available immediately after maintenance has been completed.

33.
If maintenance lasts more than 24 hours, the VMS
data will be transmitted to the other FMC using the electronic alternative
means referred to in paragraph 27.

34.
EU authorities shall inform its competent
Monitoring Control and Surveillance (MCS) services so that Seychelles vessels are not subject to any infringement procedure for non VMS data
transmission due to maintenance of the FMC.

[1]               Sent
six (6) Hours before entering EU Fishing Areas.

[2]               Sent
six (6) Hours before exiting EU Fishing Areas.

[3]               Every
three (3) days after entering EU Fishing Areas.