# EUR-Lex - 52005PC0421 - EN

Important legal notice

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# 52005PC0421

**Proposal for a Council Regulation on the conclusion of the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles /* COM/2005/0421 final - CNS 2005/0173 */ **

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[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 13.9.2005

COM(2005) 421 final

2005/0173 (CNS)

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Proposal for a

COUNCIL REGULATION

on the conclusion of the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles

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(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol annexed to the fisheries Agreement between the European Community and Seychelles expires on 17 January 2005. A new Protocol was initialled by the two partieson 23 September 2004 establishing the technical and financial conditions under which Community fishing vessels can fish in Seychelles waters for the period 18 January 2005 to17 January 2011.

The new Protocol grants fishing possibilities for 40 tuna seiners and 12 surface longliners.

The financial compensation is fixed at 4,125,000 € per year and covers a catch weight in the waters of Seychelles of 55,000 tons of catches per year. Part of the financial compensation equivalent to 1,485,000 Euro per year (36% of financial compensation) shall be earmarked to enhancing and implementing a sectoral fisheries policy in Seychelles with a view to promote responsible fishing and sustainable fisheries in its waters.

The new Protocol is in line with the partnership approach in the fisheries sector, as defined by the Council in its recent conclusions on a Communication from the Commission on an integrated framework for Fisheries Partnership Agreements with third countries[1].

According to the Protocol, the Commission and Seychelles shall agree on overall objectives to be achieved in the area of sustainable fishing and on the way to review the performance of such objectives, through a constant political dialogue. This shall go much beyond the current reporting procedures, (submission of annual detailed reports and verification).

The Commission shall, in particular, encourage the authorities of the Seychelles to adopt all necessary conservation and management measures, on non-discriminatory basis, in order to ensure sustainable exploitation of highly migratory species and to protect the environment in its waters.

Both Parties should exchange information on the implementation of IOTC recommendations against IUU within their jurisdiction (prohibition of landings by vessels not listed on the “white” list).

Finally, both Parties shall seek to identify concrete issues of mutual interest and agree the form in which the political dialogue will be undertaken.

The Commission is accordingly proposing that the Council adopt by Regulation the new Protocol (2005/11) to the EC/Seychelles Fishery Agreement.

A proposal for a Council Decision concerning the provisional application of the new Protocol is subject to a separate procedure.

2005/0173 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[2],

Whereas:

1. Under the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles[3], the two parties conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol thereto.

2. As a result of those negotiations, a new Protocol defining for the period 18 January 2005 to 17 January 2011 the fishing opportunities and the financial contribution provided for in that Agreement was initialled on 23 September 2004.

3. It is in the Community's interest to approve that Protocol.

4. The method of allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,

HAS ADOPTED THIS REGULATION:

Article 1

The Protocol defining for the period 18 January 2005 to 17 January 2011 the tuna fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation.

Article 2

The fishing opportunities provided for in the Protocol shall be allocated among the Member States as follows:

(a) tuna seiners:

Spain: 22 vessels

France: 17 vessels

Italy: 1 vessel

(b) surface longliners:

Spain: 2 vessels

France: 5 vessels

Portugal: 5 vessels

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

Article 3

Member States whose vessels fish under this Protocol are obliged to notify the Commission of the quantities of each stock taken in the Seychelles fishing zone in accordance with the arrangements laid down in Commission Regulation (EC) No 500/2001 of 14 March 2001[4].

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the Protocol in order to bind the Community.

Article 5

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

PROTOCOL

Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles

Article 1 Period of application and fishing opportunities

1. For a period of 6 years from 18 January 2005 to 17 January 2011, the fishing opportunities granted under Article 2 of the Agreement shall be as follows:

(a) 40 ocean-going tuna seiners, and

(b) 12 surface longliners.

2. Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.

3. Under Article 4 of the Agreement, vessels flying the flag of a Member State of the European Community may engage in fishing activities in the Seychelles waters only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annex hereto.

Article 2 Financial contribution - Methods of payment

1. For the period referred to in Article 1, the financial contribution referred to in Article 6 of the Agreement shall be EUR 24 750 000.

2. Paragraph 1 shall apply subject to Articles 4, 6 and 8 of this Protocol.

3. The Community shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 4 125 000 per year during the period of application of this Protocol.

4. If the total quantity of tuna catches per year by Community vessels in Seychelles’ waters exceeds 55 000 tonnes, the total annual financial contribution shall be increased by EUR 75 per additional tonne of tuna caught. However, the total annual amount to be paid by the Community cannot exceed EUR 8 250 000.

5. Payment shall be made no later than 30 September 2005 for the first year and no later than the anniversary date of the Protocol for the following years.

6. Subject to Article 6 herewith, Seychelles shall have full discretion regarding the use to which this financial contribution is put.

7. The financial contribution shall be paid into no more than two Public Treasury accounts opened with the Seychelles Central Bank.

Article 3 Cooperation on responsible fishing

1. The two parties hereby undertake to promote responsible fishing in Seychelles waters based on the principle of non-discrimination between the different fleets fishing in those waters.

2. Based on the recommendations and resolutions taken within the Indian Ocean Tuna Commission (IOTC) and the best available scientific advice and, where appropriate after a joint meeting of scientist, the two parties may consult each other within the Joint Committee provided for in Article 7 of the Agreement and, where necessary, and agree the measures to ensure the sustainable management of fisheries resources.

Article 4 Review of fishing opportunities

1. The fishing opportunities referred to in Article 1 may be increased by mutual agreement insofar as the conclusions of the joint meeting of scientists referred to in Article 3(2) confirm that such an increase will not endanger the sustainable management of Seychelles’ resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis . However, the total amount of the financial contribution paid by the European Community shall not be more than twice the amount indicated in Article 2(1). In the event that the quantities caught by Community fishing vessels exceed the quantity which correspond to the total amount of financial contribution, the Parties shall consult each other as soon as possible in order to establish the amount due for the quantity caught in excess of this limit.

2. Conversely, if the parties agree to reduce the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionally and pro rata temporis.

3. The allocation of the fishing opportunities among different categories of vessels may also be reviewed by mutual agreement between the parties, provided that any changes comply with any recommendations or resolutions adopted by the IOTC regarding the management of stocks liable to be affected by such redistribution. The parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.

Article 5 New fishing opportunities

1. In the event that Community fishing vessels become interested engaging in fisheries not provided for in Article 1, the Parties shall consult each other before authorisation is granted for any such activities and, where appropriate, agree to the conditions for such fishing including effecting corresponding amendments to this Protocol and the Annex thereto.

2. The parties should encourage experimental fishing, specially relating to deep water species, present in Seychelles waters. To this end and on the request of one party, they shall consult each other and determine on a case by case basis, the species, conditions and other parameters that are relevant.

The parties shall carry out experimental fishing in accordance with parameters that will be agreed by both parties in an administrative arrangement where appropriate. The authorisations for experimental fishing should be agreed for a maximum period of 6 months.

In the event that the parties consider that experimental campaigns have given positive results, the Government of Seychelles may allocate fishing possibilities of the new species to the community fleet until the expiration of the present protocol. The financial compensation mentioned in article 2.1 of the current protocol shall consequently be increased.

Article 6 Suspension and review of the payment of the financial contribution

1. Where as a result of circumstances solely attributable to the fault or negligence of Seychelles fishing activities in Seychelles waters cannot be carried out in Seychelles waters, the European Community may, after prior consultation with the Seychelles, suspend payment of the financial contribution provided that the Community has paid in full any amounts due at the time of suspension.

2. Payment of the financial contribution shall recommence once the situation has returned to normal and following consultation and agreement between the two Parties confirming that the situation is likely to allow a return to normal fishing activities.

Article 7 Promoting responsible fishing and sustainable fisheries in Seychelles waters

1. A share of at least 36 % of the financial contribution referred to in Article 2(1) shall be put towards defining and implementing a sectoral fisheries policy in Seychelles with a view to promote responsible fishing and sustainable fisheries in its waters. This contribution shall be managed in the light of objectives identified by mutual agreement between the two parties, and the annual and multiannual programming to attain them.

2. For the purposes of paragraph 1, as soon as this Protocol enters into force and no later than three months after that date, the Community and Seychelles shall agree, within the Joint Committee provided for in Article 7 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

(a) annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1;

(b) the objectives, both annual and multiannual, to be achieved with a view to introducing, over time, responsible fishing and sustainable fisheries, taking account of the priorities expressed by Seychelles in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries;

(c) criteria and procedures for evaluating the results obtained each year.

3. Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee.

4. Each year, Seychelles shall allocate the percentage of the financial contribution referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation must be notified to the Community at the time when the multiannual sectoral programme is approved within the Joint Committee. For each year thereafter, Seychelles shall notify the Community of the allocation no later than 1st December of the previous year.

5. Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may ask with the approval of the Joint Committee for the financial contribution referred to in Article 2(1) of this Protocol to be modified with a view to bringing the actual amount of financial resources allocated to implementation of the programme into line with its results.

Article 8 Disputes - suspension of application of the Protocol

1. Any dispute between the parties over the interpretation of this Protocol or its application shall be the subject of consultations between the parties within the Joint Committee provided for in Article 7 of the Agreement, in a special meeting if necessary.

2. Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one party if the dispute between the parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

3. Suspension of application of the Protocol shall require the interested party to notify its intention in writing at least three months before the date on which suspension is due to take effect.

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

Article 9 Suspension of application of the Protocol on grounds of non-payment

Subject to Article 3, if the European Community fails to make the payments provided for in Article 2, Seychelles may suspend the implementation of this Protocol.

Article 10 National law

The activities of Community fishing vessels in Seychelles are subject to the national laws and regulations unless otherwise provided under this Protocol and the Annex thereto.

Article 11 Revision clause

Following the third anniversary of this Protocol and the Annex thereto, the Parties will review the application of the Protocol and the Annex thereto and, where appropriate, consult on any amendments of their provisions. Any such amendments may include the reference tonnage and the standard amounts paid for licences and the ratio between the amount per tonne set out in Article 2 (4) and the amount indicated in section 2 (2) of the Annex to this Protocol.

Article 12 Repeal

The Protocol and Annex I, dated 17 January 2002, to the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles, which came into force on 28 October 1987, is hereby repealed and replaced by this Protocol and the Annex thereto.

Article 13 Entry into force

1. This Protocol with its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose.

2. It shall apply with effect from 18 January 2005.

ANNEX

CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN SEYCHELLES’ WATERS

CHAPTER I - APPLICATION FOR AND ISSUE OF LICENCES

Section 1 Issue of licences

1. Only eligible Community vessels may obtain a licence to fish in Seychelles waters under the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles

2. For a Community vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Seychelles. They must be in order with the authorities of the Seychelles insofar as they must have fulfilled all prior obligations arising from their fishing activities in Seychelles under fisheries agreements concluded with the Community.

3. All Community vessels applying for a fishing licence shall be represented by an agent resident in Seychelles. The name and address of that agent shall be stated in the licence application.

4. The relevant Community authorities shall present to the SFA an application for each vessel wishing to fish under the Agreement at least 20 days before the date of commencement of the period of validity requested. However, vessel-owners who have not submitted a licence application prior to the period of validity 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 shall pay the entire fees due for the full year.

5. Applications shall be submitted to the competent authority of Seychelles on a form drawn up in accordance with the specimen in Appendix 1.

6. All licence applications shall be accompanied by the following documents:

- proof of payment of the fee for the period of validity of the licence;

- any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to this Protocol.

7. The fee shall be paid into the account specified by the authorities of Seychelles.

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

9. Licences for all vessels shall be issued to shipowners or their agents within 15 days of receipt of all the documents referred to in point 6 by the competent authority of Seychelles.

A copy shall be sent to the Delegation of the Commission responsible for the Seychelles.

10. Licences shall be issued for a specific vessel and shall not be transferable.

11. However, at the request of the European Community and where force majeure is proven, a vessel’s licence shall be replaced, for the remaining period of its validity, by a new licence for another vessel whose features are similar to those of the first vessel, with no further fee due. However, if the gross registered tonnage (GRT) of the replacement vessel is above that of the vessel to be replaced, the difference in fee shall be paid pro rata temporis .

12. The owner of the first vessel, or the agent, shall return the cancelled licence to the competent authority of Seychelles via the European Commission Delegation responsible for the Seychelles.

13. The new licence shall take effect on the day that the vessel’s owner returns the cancelled licence to the competent authority of Seychelles. The European Commission Delegation responsible for the Seychelles shall be informed of the licence transfer.

14. The licence must be kept on board at all times, without prejudice to point 2 of Chapter IX of this Annex.

Section 2 Licence conditions – fees and advance payments

1. Licences shall be valid for one year and are renewable.

2. The fee shall be EUR 25 per tonne caught within Seychelles waters.

3. Licences shall be issued once the following standard amounts have been paid to the competent national authorities:

- EUR 15 000 for tuna seiners, equivalent to the fees due for <600> tonnes of tuna and tuna-like species caught within Seychelles waters per year;

- EUR 3 000 for surface longliners of more than 150 GRT, equivalent to the fees due for 120 tonnes of tuna and tuna-like species caught within Seychelles waters per year;

- EUR 2250 for surface longliners of 150 GRT or less, equivalent to the fees due for 90 tonnes of tuna and tuna-like species caught within Seychelles waters per year.

4. The SFA shall draw up a statement of fees due in respect of the previous calendar year on the basis of catch declarations by Community vessels and other information in the possession of the SFA.

5. The statement shall be sent to the Commission before 31 March of the current year. The Commission shall transmit it before 15 April simultaneously to shipowners and national authorities of the concerned Member States.

6. Where the shipowners do not agree with the statement submitted by the SFA, they may consult the scientific institutes competent for verifying catch statistics such as the IRD (Institut de Recherche pour le Développement), the IEO (Instituto Español de Oceanografia) and IPIMAR (Instituto de Investigação das Pescas e do Mar), and thereafter discuss together with the Seychelles authorities to establish the final statement before 31 May of the current year. In the absence of observations by the shipowners at that date, the statement submitted by the SFA is considered as the final one.

7. Member States shall notify the Commission of the final statement relating to their own fleet.

8. Shipowners shall make any additional payment to the Seychelles competent authorities at the latest by 30 June of the same year at a bank account designated by the authorities of the Seychelles in accordance with Art. 2 (6) of the Protocol.

9. Where the final statement is less than the advance payment referred to in paragraph 3, the balance shall not be recoverable by the shipowner.

CHAPTER II - FISHING ZONES

To avoid any adverse effect on small-scale fisheries in Seychelles waters, fishing by Community vessels shall not be authorised in the zones defined in Seychelles legislation nor within three miles around any fish-aggregating device placed by Seychelles authorities, the geographical positions which have been communicated to the shipowners’ representatives or agents.

CHAPTER III – CATCH REPORTING ARRANGEMENTS

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

- either the period elapsing between entering and leaving Seychelles waters;

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

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

2. All vessels authorised to fish in Seychelles waters under the Agreement shall be obliged to communicate their catches to the competent authority of Seychelles in the following manner:

2.1 The Community vessels licensed to fish in Seychelles waters shall fill a fishing form as set out in Appendices 2 and 3, for each trip it undertakes in Seychelles waters. In the absence of catches, the fishing forms shall still be filled in.

2.2 As far as the submission of the fishing forms referred to in points 2.1 and 2.3 is concerned, the Community vessels shall:

- in the case they call into Port Victoria, submit the completed forms to the Seychelles authorities within five days of arrival, or in any event before it leaves port, whichever occurs first;

- in any other case, send the completed forms to the Seychelles authorities within 14 days of arrival in any port other than Victoria.

Copies of these fishing forms must also be sent to the scientific institutes referred to in section 2.6

2.3 The words “Outside Seychelles waters” shall be entered in the abovementioned logbook in respect of periods during which the vessel is not in Seychelles waters.

2.4 The forms shall be filled in legibly and signed by the master of the vessel or his representative.

3. Where the provisions set out in this Chapter are not complied with, the Government of Seychelles reserves the right to suspend the licence of the offending vessel until formalities have been completed and to apply the penalty laid down in existing Seychelles legislation. The flag Member State and the European Commission shall be informed thereof.

CHAPTER IV – EMBARKING SEAMEN

1. Each tuna seiner shall take on board during its trip in Seychelles’ waters at least two Seychelles seamen designated by the agent of the vessel, in agreement with the shipowner, from the names on a list submitted by the competent authority of Seychelles.

2. Shipowners shall endeavour to take on board additional Seychelles seamen.

3. The shipowner or agent shall inform the competent authority of Seychelles of the names and particulars of the Seychelles seamen taken on board the vessel concerned, mentioning their position in the crew.

4. The International Labour Organisation’s Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by EU vessels. 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.

5. Seychelles seamen’s employment contracts, a copy of which shall be given to the signatories, shall be drawn up between the shipowners’ agent(s) and the seamen and/or their trade unions or representatives in consultation with the competent authorities of Seychelles. These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance and the pension benefits applicable to them.

6. Seychelles seamen’s wages shall be paid by the ship-owners. They shall be fixed, before licences are issued, by mutual agreement between the ship-owners or their agents and the competent authorities of Seychelles. However, the wage conditions granted to Seychelles seamen shall not be lower than those applied to Seychelles crews performing similar duties and shall under no circumstances be below ILO standards.

7. For the purposes of the enforcement and application of the law of employment the ship-owner agent shall be considered as the local representative of the ship-owner. The contract concluded between the agent and the seamen shall include also the conditions for repatriation and the pension benefit applicable to them.

8. All seamen employed aboard Community vessels shall report to the master of the vessel designated on the day before their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, ship-owners shall be automatically absolved of their obligation to take the seaman on board.

9. Where no Seychelles seamen are taken on board for reasons other than that referred to in the previous point, shipowners shall be obliged to pay a flat-rate amount equivalent to a figure based on the number of days that the vessel operated in Seychelles’ waters multiplied by the amount per day which is fixed at $ 20. The flat rate amount shall be paid to the Seychelles authorities at the latest by the date set out in section 2 (8) of chapter I.

10. That sum shall be used for the training of seamen/fishermen in Seychelles and shall be paid into an account specified by the authorities of Seychelles.

CHAPTER V – TECHNICAL MEASURES

Vessels shall comply with the measures and recommendations adopted by Indian Ocean Tuna Commission as well as the applicable national measures regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.

CHAPTER VI - OBSERVERS

1. Vessels authorised to fish in Seychelles waters under the Agreement shall take on board observers appointed by Seychelles on the terms set out below.

1.1 Community fishing vessels shall, at the request of the Seychelles authorities, take on board one observer, and when the authorities of Seychelles think it appropriate and necessary, two observers, designated by the said authorities.

1.2 The competent authority of Seychelles shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated.

1.3 The competent authority of Seychelles shall inform the shipowners concerned, or their agents, of the name of the observer appointed to be taken on board their vessel or no later than 15 days before the observer’s planned embarkation date.

2. The time spent on board by observers shall be fixed by the competent authority of Seychelles but, as a general rule, it should not exceed the time required to carry out their duties. The competent authority shall inform the shipowners or their agents thereof when notifying them of the name of the observer appointed to be taken on board the vessel concerned.

3. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the authorities of Seychelles.

4. Observers shall be taken on board in a manner chosen by the shipowner, after notification of the list of designated ships.

5. Within two weeks and giving ten days’ notice, the shipowners concerned shall make known at which port of Seychelles 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 vessel with an observer from Seychelles on board leave Seychelles waters, all measures must be taken to ensure the observer’s return to Seychelles as soon as possible at the expense of the shipowner.

7. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, 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:

8.1 observe the fishing activities of the vessels;

8.2 verify the position of vessels engaged in fishing operations;

8.3 perform biological sampling in the context of scientific programmes;

8.4 note the fishing gear used;

8.5 verify the catch data for Seychelles waters recorded in the logbook;

8.6 verify the percentages of by-catches and estimate the quantity of discards;

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

9. Masters of vessels shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.

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 exercise of their tasks as observer.

11. While on board, observers shall:

11.1 take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations,

11.2 respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.

12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities of Seychelles, with a copy to the European Commission, which shall be signed by the observer. A copy of the report shall be handed to the master when the observer leaves the vessel.

13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel.

14. The salary and social contributions of the observer shall be borne by the competent authorities of Seychelles.

CHAPTER VII – LANDING

Tuna seiners landing in the port of Victoria will endeavour to make their by-catches available to the authorities of Seychelles at the local market price. Furthermore, the Community tuna seiners shall participate in supplying tuna to the Seychelles cannery at international market price.

CHAPTER VIII – PORT EQUIPMENT AND USE OF SUPPLIES AND SERVICES

Community vessels shall endeavour to procure in Seychelles all supplies and services required for their operations. The Seychelles authorities shall lay down, in agreement with the shipowners, the conditions for using port equipment and, if necessary, supplies and services.

CHAPTER IX - MONITORING

1. Vessel list

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

2. Vessels Monitoring System

Community vessels shall be monitored, inter alia, by vessel monitoring systems, without discrimination, in accordance with the provisions set out in appendix 4.

3. Entering and leaving Seychelles waters

3.1 Community vessels shall notify the competent authorities of Seychelles at least (3) hours in advance of their intention to enter or leave Seychelles’ waters and every three days during their fishing activities in Seychelles waters of their catches during this period.

3.2 When notifying entry/leaving, 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 5, by fax or e-mail, to the addresses provided therein. However, the competent authorities of the Seychelles may exempt surface long liners not fitted with the appropriate communication equipment from this obligation by authorising communication by radio.

3.3 Community fishing vessels found to be fishing without having informed the competent authorities of Seychelles shall be deemed as vessels without a licence. The sanctions referred to in Chapter X, point 1 will be applicable in such cases.

4. Control procedures

4.1 Masters of Community fishing vessels engaged in fishing activities in Seychelles waters shall cooperate with any Seychelles official carrying out inspection and control of fishing activities.

4.2 These officials shall not remain on board for longer than is necessary for the discharge of their duties.

4.3 Once an inspection has been completed, a copy of the inspection report shall be given to the master of the vessel.

5. Transhipment

5.1 All Community vessels wishing to tranship catches in Seychelles waters shall do so within Seychelles ports.

5.2 The owners of such vessels must notify the following information to the competent authority of Seychelles at least 24 hours in advance:

- the names of the transhipping fishing vessels,

- the names of the cargo vessels,

- the tonnage by species to be transhipped,

- the day of transhipment.

5.3 Transhipment shall be considered as an exit from ’Seychelles waters. Vessels must therefore submit their catch declarations to the competent authorities of Seychelles.

5.4 Any transhipment of catches not covered above shall be prohibited in Seychelles waters. Any person infringing this provision shall be liable to the penalties provided for by the Seychelles law.

5.5 Masters of Community fishing vessels engaged in landing or transhipment operations in a port of Seychelles shall allow and facilitate the inspection of such operations by Seychelles inspectors. Once the inspection has been completed, a certificate shall be issued to the master of the vessel.

CHAPTER X -ENFORCEMENT

1. Sanctions

Failure to observe any one of the above rules, the management and conservation of living resources measures or the Seychelles legislation may be penalised by suspension, revocation or non-renewal of the vessel’s fishing licence.

The flag Member State and the European Commission will immediately be fully informed of any suspension or revocation and of all relevant facts related thereto. During the period of the suspension of a licence or during the remaining period of the validity of a licence which has been revoked, the European Commission may request another licence which would have otherwise have been applicable, for a vessel from another ship-owner, in accordance with the procedure set out in point 1.11 of chapter I.

2 Arrest of fishing vessels

The Seychelles authorities shall inform the Delegation of the Commission responsible for the Seychelles and the flag State, within 48 hours, of the arrest of any fishing vessel flying the flag of a Member State of the Community fishing under the Agreement in Seychelles fishing zone and shall transmit a brief report of the circumstances and reasons leading to such arrest. The Delegation and the flag State shall be kept informed of any proceedings initiated and penalties imposed.

___

Appendix 1

APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE

- Name of applicant:

...................................................................................................................

- Address of applicant:

...................................................................................................................

- Name and address of charterer of vessel if different from above:

...................................................................................................................

- Name and address of other legal representative in Seychelles:

...................................................................................................................

- Name and address of master of vessel:

...................................................................................................................

- Name of vessel:

- Type of vessel:

- Length and registered net tonnage of vessel:

- Engine type, horse power and gross registered tonnage:

- Port and country of registry:

- Registration number:

- Fishing vessel external identification:

- Radio call sign/signal letters:

- Frequency:

- Particulars of equipment:

- Number and nationality of crew:

- Proposed fishing area and species of fish:

...................................................................................................................

...................................................................................................................

- Description of fishing operations, joint ventures and other contractual arrangements:

...................................................................................................................

...................................................................................................................

I certify that the above particulars are correct.

Date:............................... Signature:................................

Appendix 2

STATEMENT OF CATCH FOR TUNA SEINERS

One line per haul whether yielding a catch or not. Enter crosses under INDICATORS and HAUL. Thank you.

Setting details |

Start time: _______ Finishing time: _________ |

Section | Position | Heading | Speed | Remarks |

Depart: radio buoy number 1 |

Radio buoy number 2 |

Radio buoy number 3 |

Radio buoy number 4 |

Radio buoy number 5 |

Radio buoy number 6 |

Radio buoy number 7 |

Number of hooks: ___________ Length: Buoy lines: Branch lines: ____________ Length of line: ____________ Recorded depth of the line (sounder): ___________ Bait: Shrimp: _____________ % Mackerel: ________ % _______: ______% |

Details of catch |

Time (0 à 24 H) | Latitude | Longitude |

Start of turn |

End of turn |

Species | Number | Estimated unit weight | Total weight | Number of fish eaten |

Swordfish( |

Yellowfin** |

Bigeye** |

Marlin** |

Sailfish* |

Seabream |

Shark |

Other (give details) |

Total weight |

Total weight of catch landed (weighed) |

Appendix 4

PROVISIONS

ESTABLISHING THE METHOD TO BE USED FOR THE TRANSMISSION OF DATA RELATING TO SATELLITE MONITORING OF THE POSITION OF EC VESSELS FISHING UNDER THE EC/SEYCHELLES FISHERY AGREEMENT

As the Republic of Seychelles has introduced a vessel monitoring system (VMS) applicable to all foreign vessels fishing in Seychelles waters, on a non-discriminatory basis, and has extended VMS surveillance to its own national fleet of the same category, and

Considering that EC fishing vessels are already subject to satellite tracking under the Community legislation since January 2000,

It is recommended that the flag States and the authorities of the Republic of Seychelles implements a satellite monitoring of the EC vessels fishing under the EC/Seychelles Fishery Agreement in accordance with the following conditions:

1. For the purposes of satellite monitoring, the Seychelles authorities shall communicate to the Fisheries Monitoring Centres (FMCs) of the flag States the co-ordinates (latitudes and longitudes) of the Seychelles waters.

The Seychelles authorities will transmit this information in electronic format, expressed in degrees decimal in the Wgs-84 system datum.

2. The Seychelles authorities and the national FMCs will exchange information on their respective electronic addresses in X.25 format or where appropriate other secure communication protocol and the specifications to be used in their respective FMCs in accordance with the conditions established in points 4 and 6. This information will include, as far as possible, the names, the telephone, and fax numbers and the electronic addresses (Internet), which can be used for the general communications between the FMCs.

3. The position of the vessels will be determined with a margin of error of less than 500 metres and with a confidence interval of 99%.

4. When a vessel fishing under the EC/Seychelles Agreement and subject to satellite tracking under the Community legislation enters into the Seychelles waters, subsequent position reports shall be communicated by the FMC of the flag State to the Monitoring Centre of Seychelles automatically, in real time, at least every hour ( frequency ). These messages are identified as Position Reports.

5. The messages referred to in item 4 shall be transmitted electronically in X.25 format, or other secure communication protocols subject to prior agreement between the relevant FMCs. All messages will be communicated automatically, in real time, in accordance with the definitions given in Attachment 1.

It is prohibited for a vessel to switch off its satellite tracking device when operating in Seychelles waters.

6. In the event of a technical problem or malfunction of the satellite monitoring device installed on board the fishing vessel, the master of that vessel shall communicate in good time by fax, or e-mail to the FMC of the Flag State concerned the information specified in item 4. At least one global position Report every four hours shall be sufficient under such circumstances as long as the vessel stays in Seychelles waters. This global position Report will include the hourly positions as registered by the master of that vessel during those four hours. The FMC of the flag State or the vessel itself shall forward these messages to the Seychelles Monitoring Centre without delay. In case of necessity or doubts, the Seychelles Fishing Authority (SFA) could ask for a determine vessel a transmission of the position report every hour. Defective equipment shall be repaired or replaced as soon as the vessel concludes its fishing trip or within a month at a maximum. Past this period, a new fishing trip may not begin until the equipment has been repaired or replaced.

7. The Vessel Monitoring System hardware and software components shall be temper proof, i.e. shall not permit the input or output of false positions and must not be capable of being manually over-ridden. 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.

In particular, the master shall ensure that:

- data are not altered in any way;

- the antenna or the antennas connected to the satellite tracking devices are not obstructed in any way; and

- the power supply of the satellite tracking devices is not interrupted in any way.

Any breach of the above-mentioned obligations may render the master liable under the laws and regulations of Seychelles, provided that the vessel is operating in Seychelles waters.

8. The FMCs of the Flag States shall monitor the tracking of their vessels when the latter are in the Seychelles waters, at one hour intervals. If the tracking of the vessels is not carried out under the conditions envisaged, the Seychelles Monitoring Centre is immediately informed and the procedure provided for in item 6 will be applicable.

9. Relevant FMCs and the Seychelles Monitoring Centre shall co-operate to ensure the implementation of these provisions. If the Seychelles Monitoring Centre establishes that the flag State is not transmitting the data in conformity with item 4 above, the other party shall be immediately notified. Upon receipt of notification, the latter shall respond within twenty-four (24) hours by informing the Seychelles Monitoring Centre of the reasons for non-transmission and indicating a reasonable delay for compliance with these provisions. In case of failure to comply within this delay, the two parties will settle such problems in writing or as provided for by point 13 of these provisions.

10. Monitoring data transmitted in accordance with these provisions shall be used exclusively for control, management, monitoring and enforcement by the Seychelles authorities of the Community fleet fishing under the EC/Seychelles fishery agreement These data cannot be communicated to other parties under any circumstances, except with the written consent of the flag State concerned, on a case by case basis, or by an order of the Court in Seychelles.

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

12. The Parties agree to review these provisions as and when appropriate, including all cases of malfunctioning or anomalies related to individual vessels. All such cases will have to be notified by the SFA to the EC flag Member States at least 15 days before the review meeting.

13. 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 7 of the Agreement between the European Community and the Republic of Seychelles concerning fishing in Seychelles waters.

14. These provisions shall enter into force on 18th January 2005.

Attachment 1

COMMUNICATION OF VMS MESSAGES TO SEYCHELLES

POSITION REPORT

Piece of data | Code | Mandatory/ Optional | Comments |

Start record | SR | M | System detail; indicates start of record |

Address | AD | M | Message detail; destination Party Alfa-3 ISO country code |

From | FR | M | Message detail; the transmitting Party Alfa-3 ISO country code |

Type of message | TM | M | Message detail; message type, "POS" |

Radio call sign | RC | M | Vessel detail; international radio call sign of the vessel |

Internal Reference Number | IR | O | Vessel detail; Unique Party vessel number as Alfa-3 ISO flag country code followed by number |

External Registration Number | XR | O | Vessel detail; the side number of the vessel |

Latitude | LA | M | Position detail; position of the vessel in degrees and minutes N/S DDMM (WGS-84) |

Longitude | LO | M | Position detail; position of the vessel in degrees and minutes E/W DDDMM (Wgs-84) |

Speed | SP | M | Position detail; vessel speed in tenths of knots |

Course | CO | M | Position detail; vessel course in 360( scale |

Date | DA | M | Position detail; UTC date of position (YYYYMMDD) |

Time | TI | M | Position detail; UTC time of position (HHMM) |

End of record | ER | M | System detail; indicates end of record |

Character set: ISO 8859,1

A data transfer is structured in the following way:

- a double oblique bar (//) and a code mark the beginning of the transmission,

- a simple oblique bar (/) marks a separation between the code and the piece of data.

The optional data has to be inserted between the beginning and the end of the recording.

Appendix 5

COMMUNICATION FORMAT REPORTS

1. ENTRY REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT)

(CONTENT) | (TRANSMISSION) |

ADDRESSEE | SFA |

ACTION CODE | IN |

VESSEL NAME |

INTERNATIONAL RADIO CALL SIGN |

POSITION OF ENTRY |

DATE AND HOUR (UTC) OF ENTRY |

QUANTITY (Mt) OF FISH ON BOARD |

YELLOWFIN | (Mt) |

BIGEYE TUNA | (Mt) |

SKIPJACK | (Mt) |

OTHERS (SPECIFY) | (Mt) |

2. EXIT REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT)

(CONTENT) | (TRANSMISSION) |

ADDRESSEE | SFA |

ACTION CODE | OUT |

VESSEL NAME |

INTERNATIONAL RADIO CALL SIGN |

POSITION OF ENTRY |

DATE AND HOUR (UTC) OF EXIT |

QUANTITY (Mt) OF FISH ON BOARD |

YELLOWFIN | (Mt) |

BIGEYE TUNA | (Mt) |

SKIPJACK | (Mt) |

OTHERS (SPECIFY) | (Mt) |

3. WEEKLY CATCH REPORT FORMAT (EVERY THREE DAYS WHEN THE VESSEL IS OPERATING IN SEYCHELLES WATERS)

(CONTENT) | (TRANSMISSION) |

ADDRESSEE | SFA |

ACTION CODE | WCRT |

VESSEL NAME |

INTERNATIONAL RADIO CALL SIGN |

QUANTITY (Mt) OF FISH ON BOARD |

YELLOWFIN | (Mt) |

BIGEYE TUNA | (Mt) |

SKIPJACK | (Mt) |

OTHERS (SPECIFY) | (Mt) |

NUMBER OF SETS MADE SINCE LAST REPORT |

All reports shall be transmitted to the competent authority at on the following fax number or Electronic-mail address: Fax +248 225957 E-mail fmcsc@sfa.sc

Seychelles Fishing Authority, P.O. Box 449, Fishing Port, Mahé, Seychelles

LEGISLATIVE FINANCIAL STATEMENT

1. NAME OF THE PROPOSAL:

Proposal for a Council Regulation on the conclusion of the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles

2. ABM / ABB FRAMEWORK

11. Fisheries

1103. International Fisheries Agreements

3. BUDGET LINES

3.1 Budget lines (operational lines and related technical and administrative assistance lines (ex- B..A lines)) including headings :

110301: “International Fisheries Agreements”

11010404: “International Fisheries Agreements, administrative expenditure”.

3.2 Duration of the action and of the financial impact :

The new Protocol, which contains the provisions on fishing possibilities and the financial contribution, has been concluded for a period of 6 (six) years. It is applicable from 18 January 2005 to 17 January 2011.

3.3 Budgetary characteristics ( add rows if necessary ) :

Budget line | Type of expenditure | New | EFTA contribution | Contributions from applicant countries | Heading in financial perspective |

11.0301 | Comp | Diff[5]/ | NO | NO | NO | No 4 |

11.010404 | Comp | Non-diff[6] | NO | NO | NO | No 4 |

4. SUMMARY OF RESOURCES

4.1 Financial Resources

4.1.1 Summary of commitment appropriations (CA) and payment appropriations (PA)

EUR million (to 3 decimal places)

........................ | f |

TOTAL CA including co-financing | a+c+d+e+f |

4.1.2 Compatibility with Financial Programming

X Proposal is compatible with existing financial programming.

( Proposal will entail reprogramming of the relevant heading in the financial perspective.

( Proposal may require application of the provisions of the Interinstitutional Agreement[11] (i.e. flexibility instrument or revision of the financial perspective).

4.1.3 Financial impact on Revenue

X Proposal has no financial implications on revenue

( Proposal has financial impact – the effect on revenue is as follows:

NB: All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.

EUR million (to one decimal place)

Prior to action [Year n-1] | Situation following action |

Total number of human resources | 0.8 | 0.8 | 0.8 | 0.8 | 0.8 | 0.8 |

5. CHARACTERISTICS AND OBJECTIVES

Details of the context of the proposal are required in the Explanatory Memorandum. This section of the Legislative Financial Statement should include the following specific complementary information:

5.1 Need to be met in the short or long term

The need for this new bilateral fishery Agreement lies in the necessity to allow Community vessels to obtain fishing rights for purse seine vessels and surface long-liners in the Seychelles’ fishing zone, exclusively for tuna and tuna-like species.

Community fishing in Seychelles’ waters is part of the global framework for tuna fishing in the West Indian Ocean. The EC/Seychelles Fishery Agreement is a key element of the EC framework of tuna agreements together with the bilateral agreements Agreements concluded with Madagascar, Mauritius, Comoros and Mozambique. The EC/Seychelles is also the most important EC tuna Agreements, both in term of catches and financial compensation, concluded with a third country.

This protocol, covering a six year period, from 18 January 2005 to 17 January 2011, satisfies the need of the EC tuna fleet, composed of tuna seiners and surface long-liners, to have access to the important Seychelles’ fishing zone, which lies at the core of the West Indian Ocean tuna fishing ground.

The access of EC vessels to the West Indian Ocean is done if full respect and conformity with the tuna conservation measures established by the competent regional fishery organisation (the Indian Ocean Tuna Commission – IOTC). The access to the West Indian Ocean tuna fishery is an essential element for the for the long-term preservation of the world leadership position of the EC tuna fishing industry.

Furthermore, the financial contribution paid by the Community, in conjunction with the licence fees paid by ship-owners, constitutes an important source of revenues for the Seychelles’ Government.

In addition, the Agreement is going to generate an economic impact on the Seychelles’ fishery sector, mainly through the implementation of the partnership approach, and, more generally, on the economic development of the country at large.

5.2 Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy

Fisheries agreements were concluded by the Community following changes to the Law of the Sea in the seventies. Member States agreed, in a Council Resolution of 3 November 1976, to transfer their competence in this domain to the Community and therefore fisheries agreement fall completely under the Community exclusive competence.

As stated in its Communication on the CFP reform[13] and in the Communication on Fisheries Partnerships Agreements, it essential that an improved policy concerning the fisheries agreements is established together with all partners, private and public, within the Community. This is a major step to reconfirm the commitment of the Community to contribute to the sustainable development of fishing activities at the international level.

This position was endorsed in 2003 by the European Parliament and in 2004 by the Council of Ministers.

The Community is therefore proposing to establish a new type of fisheries agreements (Fisheries Partnership Agreements) in order to strengthen co-operation and to ensure the implementation of a sustainable fisheries policy and a rational and responsible exploitation of the resources in the mutual interest of the Parties concerned. In order to allow the European long distant waters fishing fleet to consolidate its role the sustainable exploitation of global fishing stocks must be ensured.

This new EC/Seychelles fishery protocol embodies all the elements of the partnership approach as outlined in the Commission Communication and the Council’s conclusions. Withy respect to this newly negotiated protocol, the Community considers that this protocol is the best solution:

- to promote sustainable fisheries activities and provide a binding framework for all concerned parties, i.e. the Community, its Member states, the European operators and the third country to attain this objective, and

- to protect and develop European fishing activities within these waters and to enhance their political and socio-economic impact both in Europe and in the Seychelles.

Furthermore, in order to reinforce the notion of a binding framework for all concerned parties, the Agreement contains an “exclusivity clause” that does not allow EC fishing vessels to fish in Seychelles’ waters outside the Agreement’s legal framework.

During the whole process of negotiation, the Commission took account of the situation in Seychelles and the protocol will be implemented by both parties taking duly account of the development and environmental objectives of Seychelles.

5.3 Objectives, expected results and related indicators of the proposal in the context of the ABM framework

The negotiation and conclusion of fishery agreements with third countries responds to the general objective to maintain and safeguard traditional fishing activities of the EC fleet, including long distance fishing, and to develop partnership relations in view of enhancing sustainable exploitation of fisheries resources outside Community waters, while taking account broader environmental, economic and social concerns.

The objective of the EC/Seychelles Fishery Agreement is to guarantee the access of 40 purse seine vessels and 12 surface long-liners to the Seychelles’ fishing zone for fishing exclusively tuna and tuna-like species. In conjunction with this objective, the Agreement aims at enhancing responsible fishing and the sustainable exploitation of fisheries resources in Seychelles’ fishing zone.

Expected catches for the entire fleet are estimated at 55 000 tons of tuna per year. The relative financial contribution is fixed at 4.125.000 euros per year. However, in case of annual catches exceeding 55000 tons, the Community will pay 75 euros per ton for each additional ton. In any case, the overall Community payment cannot exceed 8.250.000 euros per year.

36% of the financial contribution (1.485.000 euros per year) will be allocated to enhancing responsible fishing in Seychelles’ waters (art. 7 of the Protocol).

The following indicators will be used in the context of the ABM framework to monitor the implementation of the agreement:

- rate of utilisation of the fishing possibilities;

- catch data and commercial value of the agreement;

- contribution to employment and value added in the EC;

- contribution to Community market stabilization;

- contribution towards overall poverty reduction in Seychelles, including contribution to employment and infrastructure development in Seychelles and support to the State budget;

- number and type of concrete results expected through the use of the percentage of the financial contribution allocated to enhancing responsible fishing in Seychelles’ fishing zone (art. 7 of the Protocol);

- information on by-catches and environmental impact as reported by observers;

- number of Joint Committee meetings and of technical meetings;

- number of missions.

5.4 Method of Implementation (indicative)

Show below the method(s)[14] chosen for the implementation of the action.

X Centralised Management

X Directly by the Commission

ٱ Indirectly by delegation to:

ٱ Executive Agencies

ٱ Bodies set up by the Communities as referred to in art. 185 of the Financial Regulation

ٱ National public-sector bodies/bodies with public-service mission

ٱ Shared or decentralised management

ٱ With Member states

ٱ With Third countries

ٱ Joint management with international organisations (please specify)

Relevant comments:

6. MONITORING AND EVALUATION

6.1 Monitoring system

Continuous monitoring by the Commission is foreseen for the Agreement. The Commission is solely responsible for implementing the Agreement and will do so through its officials posted both in Brussels and in its Delegation in Port Louis – Mauritius (responsible also for Seychelles).

The licence application by EC ship-owners is closely followed by the competent Commission’s services. Data on actual catches are regularly collected.

The implementation of the partnership approach and the use of the share of the financial contribution allocated to it will be managed in the light of objectives identified by mutual agreement between the two parties and the annual and multi-annual programming to attain them. For such purposes, the EC and Seychelles shall agree, within the Joint Committee, on a multi-annual sectoral programme and detailed implementing rules including criteria and procedures for evaluating the results obtained each year.

As a general rule, from the entry into force of the Agreement, the competent Commission services will collect the appropriate information allowing the verification and follow up of the indicators listed at the above point 5.3.

6.2 Evaluation

An overall evaluation (ex-post and ex-ante) of the Protocol to the EC/Seychelles Fishery Agreement was carried out in the summer of 2004 with the assistance of a consortium of independent consultants. The results of the ex-ante and ex-post evaluations are provided under the two following points. The entire evaluation will be soon available on DG FISH website.

6.2.1 Ex-ante evaluation

The main elements of the impact assessment have been studied on the basis of a number of possible scenarios to determine the range of possible economic, social and environmental impacts. Four (4) scenarios of renewal of the catch potentials were envisaged:

1) A statu-quo scenario in which the current fishing opportunities would be renewed. For the needs of the evaluation, it will be supposed that reference tonnage (46,000 tonnes) and the utilisation rates of the licences are those noted in 2003;

2) A non-agreement scenario, leaving to the European operators the initiative to conclude themselves their conditions of access;

3) A scenario of increase of fishing opportunities[15]:

4) A scenario of reduction of fishing opportunities, including the limitation of the number of long line boats to a maximum of 5 ships, a fall in the number of seiner tuna boats by 10% (36 ships), and a concomitant fall of reference tonnage of 10% (rounded at 40,000 tonnes).

It appears that a scenario closely modeled on the terms of the current status quo is the one that is the most balanced for the two parts.

The first approach scenario is well adapted to the profile of activity of the European fleet in the Indian Ocean, which optimizes the cost of it for the Community budget. Seychelles could complain for an insufficient financial compensation in view of the catch results which were well in excesses of reference tonnage (2003). This argument should be put in the right perspective because it appears distinctly that the performances of the fisheries in 2003 are exceptional and connected with an abnormal situation (and still unexplained), but which appears to last in 2004. It would not be surprising to see in the medium term the tonnages fished in the EEZ of the Seychelles returning towards levels more in relation to the average of the captures in its EEZ since 1995. As it came out of the study, the benefits that the Seychelles derive from the Indian Ocean purse seine fishery, which is primarily a Community fishery, are much higher than the direct contribution that the Community and ship-owners alike pay directly for the access to the waters.

On the hypothesis of an increase in the fishing opportunities, the Seychelles state is winning because of the increase in income connected with the sale of the access. The Community is also increasing its benefits only if the tonnage captured by the European fleet approaches the new reference tonnage of 55,000 tonnes, which is not certain to attain in view of the historical catch records in the area (even though annual catches in the rage of 50/55.000 tons are perfectly possible).

In case of a reduction of fishing opportunities, the impact on the European fishing industry will be practically pointless and will get a few benefits in light of the reduced budgetary expenditure. Seychelles will lose on the other hand a part of the income connected with the sale of the access. This reduced availability of public funds is likely to have an impact on the financing of the management of the national fishing industry. The fall in the fishing opportunities will not have a significant impact on the social and economic effects generated by the frequentation of the port of Victoria by the European ships.

Lastly, of all the scenarios, the non-renewal model is the most harmful, both for the Community, which will lose a part of its regulating and control power with respect to its own fleet, and for the Seychelles with the loss of one large part of the compensation, and the possible collapse of the national fishery-related industry which developed around the European seiners. This scenario is likely to push the country towards a policy of a too liberal attribution of the pavilion, but also to deprive the fisheries sector administration of the external resources essential to the implementation of its missions.

In conclusion, the evaluation recommends the negotiation of a new protocol where fishing opportunities are as near as possible to those of the current protocol even if a small increase could be considered.

6.2.2 Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)

The a posteriori evaluation of the current protocol shows that the agreement is overall effective (results are in conformity with the objectives) insofar as it makes it possible to consolidate the European presence in the remote fishing of the Indian Ocean, while creating employment to the benefit of regions dependent on fishing while contributing to the stabilization of the canned tuna market in Europe.

The agreement is also effective for the Seychelles part because it makes it possible to maintain and consolidate the network of local companies which developed around the activity of the EC tuna seiners. The 2002/2005 protocol also was effective by giving to the SFA (Seychelles Fishing Authority) the means of improving its capacities of marine research and of management of the national fleet by means of the targeted actions.

The modest use of the fishing opportunities by the European long-line segment cancels the potential contribution of this segment to the effectiveness of the agreement.

As regards efficiency , the fishing agreement with the Seychelles appears to be a good agreement, mainly because of the excellent use of the fishing opportunities by the seiner tuna boats. With a license drawing higher than 80% and as the reference tonnage was approached in 2002 and exceeded in 2003, it comes out from that the provisions of the agreement were very close to the actual results of the EC fishing activity.

Thus, the real cost of the fishing opportunities negotiated by the EC appears advantageous in relation to other Community tuna agreements, with an excellent report on cost benefit of the public intervention thanks to the correct use of the fishing opportunities. With regard to ship-owners, the correct use of the catch potentials makes the a priori cost for access acceptable, and in any case comparable with what the ships under a free licence arrangement would pay. With regard to the Seychelles, the chosen allocation mechanism of the amounts of the compensation made it possible to obtain tangible results. Even if its operating mode is perfectible, the SFA remains the only organisation of the country having the regulatory powers and know-how as regards management of the fisheries sector.

Once again, the weak use of the fishing opportunities by the long line boats, in spite of the fact that the access cost seems very favourable, it has reduced the overall efficiency of the agreement.

The agreement is relevant insofar as it meets the needs of the two parts. The EC fleet and Seychelles have a strongly interlinked future, each part needing the other: Europe for access to rich waters, and Seychelles to make the network of companies in the upstream and downstream service sectors (port services and product transformation). The relevance of the agreement is in the fact of being able to secure the relations between EC ship-owners and the Seychelles fisheries sector, by favouring the development of medium-term strategies.

The agreement is not relevant for the European segment of the long line boats because the non use of the fishing opportunities shows that this segment does not need access to the waters of the Seychelles.

Lastly, the fishing agreement makes it possible to consolidate the viability of the European companies, knowing that it is not essential to them. The agreement contributes to supporting the viability of the fishing industry, which remains very dependent on the European presence to be judged sustainable. Indeed, in the absence of fishing agreement, Victoria's place is of such strategic importance that the European ships will continue making stopover on the condition - probable - of obtaining the right to exploit waters against payments of private licences at reasonable tariffs. The biological viability of the tuna stocks fished by the European fleet does not pose problems except the possible impact of the catch of juveniles of yellowfin tuna on stock who remain relatively not very important in the EEZ of the Seychelles in relation to those carried out in the Somalia area.

The a posteriori evaluation of the protocol still in force made it possible to learn several lessons. The first, and probably most important, is that the fishing agreement places the three participants (Community, Seychelles and ship-owners) in a situation of winners. Community ship-owners need access to the Seychelles’ EEZ (the richest tuna fishing ground of the Indian Ocean), more especially as Seychelles give possibilities of stopovers for the unloading/transshipment operations.

For the Community, this Agreement allows to generate a value added equal to 4,8 times the public cost of the agreement, and to consolidate its geo-strategic importance in the sector of the fishing of the Indian Ocean.

Seychelles need for their part to develop the potential of their waters by means of the sale of licences to fishing fleets technically able to exploit it. These profits are considerably increased because of the attractiveness of the port of Victoria and of the activities with ground generated, in their major majority, by the ships of the Community. No other remote fishing fleet is for the moment in a position to generate as many economic repercussions for the Seychelles.

It is obvious that this agreement has to minimize as much as possible the potentially unfavorable impact. It was discussed of the potentially negative impact of tuna fishing on the stock of yellowfin tuna. The technical and scientific contribution of the Community to the CTOI makes it possible to have the information necessary for the appraisal of this risk and for the preparation of specific management measures if necessary. Recent topicality shows that this potentially negative impact is minimized by the orientation of the strategy of fishing of the Community ships towards the free bench holding which makes it possible to save the young.

It appears therefore beneficial for the two parts that a new fishing protocol could be set up on the expiry (January 2005) of the 2002/2005 protocol.

6.2.3 Terms and frequency of future evaluation

Before the Protocol is renewed the entire period which it covers will be evaluated (ex-post assessment), measuring indicators relating to results (catches, values of catches) and impact (number of jobs created and maintained, relation between the cost of the Protocol and the value of catches). The indicators listed under the above point 5.3 will be used to perform the ex post evaluation, including an impact on the marine environment.

In light of the long duration of the protocol, the Commission could decide to carry out a mid-term evaluation after three years of application of the protocol.

7. ANTI-FRAUD MEASURES

Fishery Agreements are commercial agreements with a financial contribution paid in exchange for fishing rights in the waters of third countries. This contribution is complemented by the licence fees paid by the EC ship-owners authorised to fish in the framework of the Agreement.

The way such a contribution is used depends exclusively on the responsibility of the third country, which has negotiated the agreement with the Community as a sovereign state. In most cases, a part of the financial contribution is used to finance activities for improving or supporting the fishery policy of the concerned country.

In this case, the programming of the activities, their implementation and the information about the results on their implementation to be provided to the Commission remain within the exclusive competence of the third country. Nonetheless, the Commission invites the third country to establish a permanent political dialogue with its services in order to improve the management of the Agreement and strengthen the Community’s contribution to the management of fishing resources.

In the context of the new Fishery Partnership Agreements (FPA) approach it is foreseen that the Commission and the third country fix, by mutual agreement, the goals to be attained through the use of a part of the financial contribution allocated to this end. At the same time, both Parties will establish an annual and multi-annual programming for the pursuit of those goals.

In the event that the implementation of the programme does not correspond to the level of resources fixed by the Protocol to this end, the Commission could ask for a reduction of the percentage of the financial contribution used in the context of the agreed programme.

In any case, every payment realised by the Commission in the context of the fishery Agreement is subject to the normal Commission’s budgetary rules and procedures. This fact allows, in particular, to identify the bank accounts of the third country where the amounts of the financial contribution are paid.

When it is specifically established by the Protocol, the Commission analyses in a detailed manner the activities benefiting of a specific financial support (part of the financial contribution) both in respect of the agreed programme and in respect of the implementation results as reported by the specific report provided by the third country to the Commission. However, in respect of the principle of national sovereignty, the Commission cannot carry out (directly or indirectly), by its own initiative, a financial audit concerning the financial contribution paid to third countries.

8. DETAILS OF RESOURCES

8.1 Objectives of the proposal in terms of their financial cost

Commitment appropriations in EUR million (to 3 decimal places)

(Headings of Objectives, actions and outputs should be provided) | Type of output | Av. Cost In € | Year n | Year n+1 | Year n+2 | Year n+3 | Year n+4 | Year n+5 | TOTAL |

8.2 Administrative Expenditure

8.2.1 Number and type of human resources

Types of post | Staff to be assigned to management of the action using existing and/or additional resources (number of posts/FTEs) |

Year n | Year n+1 | Year n+2 | Year n+3 | Year n+4 | Year n+5 |

Officials or temporary staff[17] (11 01 01) | A*/AD | 0.3 | 0.3 | 0.3 | 0.3 | 0.3 | 0.3 |

B*, C*/AST | 0.3 | 0.3 | 0.3 | 0.3 | 0.3 | 0.3 |

Staff financed[18] by art. 11 01 02 | - | - | - | - | - | - |

Other staff[19] financed by art. 11 01 04/05 | 0.2 | 0.2 | 0.2 | 0.2 | 0.2 | 0.2 |

TOTAL | 0.8 | 0.8 | 0.8 | 0.8 | 0.8 | 0.8 |

8.2.2 Description of tasks deriving from the action

( Assist the negotiator in preparing and conducting the negotiations of the fisheries agreements:

- Participate in negotiations with third countries to conclude fisheries agreements.

- Prepare Draft Assessment Reports and Strategy notes for the Commissioner.

- Present and defend the positions of the Commission in the external working group of the Council.

- Participate in finding compromises with the Member States and reflect these in the final text of the Agreements.

( Monitoring of the agreements:

- Day to day follow-up of the fisheries agreements.

- Prepare and check the commitments and the payment orders of the financial compensations and for the financing allocated to the development of responsible fishing

- Regular reporting of the implementation of the agreements.

- Evaluation of the agreements - scientific and technical aspects

( Policy design:

- Prepare draft Regulations and Decisions of the Council. Elaborate text of the agreements.

- Launch and follow up the approval procedures.

( Technical assistance:

- Prepare the Commission position in view of Joint Committees.

( Institutional Relations:

- Represent the Commission before the Council, European Parliament and Member States in the context of the negotiation process.

- Drafting of replies to written and oral Parliamentary questions ...

( Inter-service co-ordination and consultation:

- Liaise with other Directorates General in matters concerning the negotiations and the follow-up of the agreements.

- Carry out and respond to inter-service consultations.

( Evaluation:

- Participate in the various evaluation exercises (ex-ante, mid-term, ex-post) and impact assessments.

- Analyse the attainment of objectives and quantified indicators.

8.2.3 Sources of human resources (statutory)

(When more than one source is stated, please indicate the number of posts originating from each of the sources)

X Posts currently allocated to the management of the programme to be replaced or extended

X Posts pre-allocated within the APS/PDB exercise for year 2005

( Posts to be requested in the next APS/PDB procedure

( Posts to be redeployed using existing resources within the managing service (internal redeployment)

( Posts required for year n although not foreseen in the APS/PDB exercise of the year in question

8.2.4 Other Admin istrative expenditure included in reference amount (11 01 04 – Expenditure on administrative management)

EUR million (to 3 decimal places)

Budget line (11 01 04 04, Heading 4) | Year n | Year n+1 | Year n+2 | Year n+3 | Year n+4 | Year n+5 | TOTAL |

Other technical and administrative assistance |

- intra muros |

- extra muros[21] | 0.033 | 0.033 | 0.033 | 0.033 | 0.033 | 0.073[22] | 0.238 |

Total Technical and administrative assistance | 0.033 | 0.033 | 0.033 | 0.033 | 0.033 | 0.073 | 0.238 |

8.2.5 Financial cost of human resources and associated costs not included in the reference amount

EUR million (to 3 decimal places)

Type of human resources | Year n | Year n+1 | Year n+2 | Year n+3 | Year n+4 | Year n+5 and later |

Officials and temporary staff (11 01 01) | 0.065 | 0.065 | 0.065 | 0.065 | 0.065 | 0.065 |

Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.) (specify budget line) |

Total cost of Human Resources and associated costs (NOT in reference amount) |

Calculation– Officials and Temporary agents Reference should be made to Point 8.2.1, if applicable - 1A = € 108.000* 0.3 = € 32 400 1B = € 108.000* 0.15 = € 16 200 1C = € 108.000* 0.15 = € 16 200 Subtotal: € 64 800 per year (EUR million: 0.065 per year) - 1 ALAT= € 165.000 x 0.20 = € 33.000 Subtotal: € 33.000 TOTAL: € 97.800 per year (EUR million: 0.098 per year) |

Calculation– Staff financed under art. XX 01 02 Reference should be made to Point 8.2.1, if applicable |

8.2.6 Other administrative expenditure not included in reference amount EUR million (to 3 decimal places) |

11 01 02 11 02 – Meetings & Conferences | 0.002 | 0.002 | 0.002 | 0.006 |

XX 01 02 11 03 – Committees[23] |

XX 01 02 11 04 – Studies & consultations |

XX 01 02 11 05 - Information systems |

2 Total Other Management Expenditure (XX 01 02 11) |

3 Other expenditure of an administrative nature (specify including reference to budget line) |

Total Administrative expenditure, other than human resources and associated costs (NOT included in reference amount) | 0.012 | 0.012 | 0.012 | 0.036 |

Calculation - Other administrative expenditure not included in reference amount

[1] Document n° 15243/02 PECHE 224, referred to document COM(2002) 637 final.

[2] OJ C [...], [...], p. [...].

[3] OJ L 119, 7.5.1987, p. 26.

[4] OJ L 73, 15.3.2001, p. 8.

( VDK.

** With head, gilled.

State the type of weight used (VAT, VDK, whole) if different from that specified.

[5] Differentiated appropriations.

[6] Non-differentiated appropriations hereafter referred to as NDA.

[7] Expenditure that does not fall under Chapter 11 01 of the Title 11 concerned.

[8] The financial contribution for tuna fishing is € 4.250.000 per year and covers a volume of 55 000 tons of catches. If the volume of annual catches exceeds that quantity, the amount of financial contribution is increased proportionately at the rate of € 75/ton, but it may not exceed € 8.250.000 per year.

[9] Expenditure within article 11 01 04 of Title 11.

[10] Expenditure within chapter 11 01 other than articles 11 01 04.

[11] See points 19 and 24 of the Interinstitutional agreement.

[12] Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years.

[13] COM(2002) 181 final of 28 May 2002.

[14] If more than one method is indicated please provide additional details in the "Relevant comments" section of this point.

[15] In the current state of the European fleets, it is not suitable to increase the number of permitted ships. On the one hand because the European fleet is limited in capacity and that it is improbable that new ships are added to the ships in operation, and moreover because the management profile adopted by the CTOI is to limit at the level of 2003 the fishing possibilities. This scenario will consider a rise of reference tonnage from 46,000 tonnes to 55,000 tonnes.

[16] As described under Section 5.3.

[17] Cost of which is NOT covered by the reference amount.

[18] Cost of which is NOT covered by the reference amount.

[19] Cost of which is included within the reference amount.

[20] Reference should be made to the specific legislative financial statement for the Executive Agency(ies) concerned.

[21] Most of these expenses (33 000 €/year) concern an expert (ALAT) based in Mauritius Delegation and financed under the 11 01 04 budget line.

[22] Year n+5 includes also the expenditure (€ 40.000) for the realisation, by an external consultant, ofan impact study on the implementation of the protocol approaching its end.

[23] Specify the type of committee and the group to which it belongs.