EN Official Journal of the European Union L 4/3

PROTOCOL

setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles





Article 1

Period of application and fishing opportunities

1. For a period of six years from the date of the start of the provisional application, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement shall be as follows:

(a) 40 tuna purse seine vessels, and

(b) 6 surface longliners.

2. Paragraph 1 shall apply subject to Articles 5 and 6 of this Protocol.

3. Under Article 6 of the Fisheries Partnership Agreement, vessels flying the flag of a Member State of the European Union may engage in fishing activities in fishing areas within the Seychelles' Exclusive Economic Zone (EEZ) only if they are in possession of a fishing authorisation or 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 total financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 30 700 000 for the whole duration of this Protocol.

2. This total financial contribution shall comprise:

(a) an annual amount for access to Seychelles' EEZ of EUR 2 750 000 for the first and second year of application of the Protocol and EUR 2 500 000 for the remaining years (three to six), equivalent to a reference tonnage of 50 000 tonnes per year, and

(b) a specific amount of EUR 2 600 000 for the first and second year of application of the Protocol and EUR 2 500 000 for the remaining years (three to six) for the support and implementation of Seychelles' sectoral fisheries policy and maritime policy.

3. Paragraph 1 shall apply subject to Articles 3, 4, 5, and 6 of this Protocol.

4. The European Union shall pay the total amounts fixed in points (a) and (b) of paragraph 2 of this Article each year during the period of application of this Protocol. Payment shall be made no later than 90 days after the date of the start of the provisional application, and no later than the anniversary date of this Protocol for the following years.

5. (a) The Seychelles authorities shall monitor the development of the fisheries by EU vessels to ensure appropriate management of the reference tonnage of 50,000 tonnes per year. In the course of this monitoring, the Seychelles shall notify the EU as soon as the total catches of EU vessels reported in the Seychelles fishing area reaches 80 % of the reference tonnage. On receipt of this notification, the EU shall immediately notify the Member States of this notification. (b) Once the level of 80 % of the reference tonnage has been reached, the Seychelles shall monitor on a daily basis the level of catches from the EU fleet, and shall inform the EU immediately when the reference tonnage level is exceeded. The EU shall also immediately inform the Member States on receipt of the notification from the Seychelles. (c) From the date of notification, identified in point (b) above, by the Seychelles to the EU, to the end of the period of the annual fishing authorisations for the vessels, the Unit price paid for the additional catches shall be the total Unit rate for the year in question. Of this amount, the shipowners shall pay the amount equivalent to that foreseen under Section 2 of the Annex, relating to Fishing Authorisation conditions for the year concerned. (d) The EU shall pay the amount equivalent to the balance between the Unit price to be paid for that year, and the amount paid by the shipowners. However, the total annual amount paid by the European Union shall not be more than twice the amount indicated in Article 2(2)(a). Where the quantities caught by EU vessels exceed the quantities corresponding to twice the total amount of the annual payment from the EU, the amount due for the quantity exceeding that limit shall be paid in the following year.

6. Seychelles shall have full discretion regarding the use to which the financial contribution specified in Article 2 (2)(a) is put.

7. The financial contribution shall be paid into a single Seychelles' Public Treasury account opened with the Central Bank of Seychelles. The account number shall be provided by the Seychelles authorities.

Article 3

Promoting responsible fishing and sustainable fisheries in Seychelles' waters

1. No later than 90 days after the date of the start of the provisional application, the European Union and Seychelles shall agree, within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

(a) annual and multiannual programmes for using the specific amount of the financial contribution referred to in Article 2(2)(b);

(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 and maritime policy, and other policies relating to, or having an impact on, the promotion of responsible fishing and sustainable fisheries, including marine protected areas;

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

2. Any proposed amendments to the multiannual sectoral programme shall be approved by both Parties within the Joint Committee.

3. If either Party requests a special meeting of the Joint Committee, as provided by Article 9 of the Fisheries Partnership Agreement, a written request shall be sent by the Party requesting the special meeting of the Joint Committee at least 14 days before the date of the proposed meeting.

4. Each year, Seychelles may allocate, if necessary, an additional amount to the financial contribution referred to in Article 2(2)(b) with a view to implementing the multiannual programme. This allocation shall be notified to the European Union.

Article 4

Scientific 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. During the period covered by this Protocol, the European Union and Seychelles shall endeavour to monitor the state of fishery resources in the Seychelles' EEZ.

3. The Parties shall also exchange relevant statistical, biological, conservation and environmental information as may be required for the purpose of managing and conserving the living resources.

4. Both Parties shall endeavour to respect the resolutions and recommendations of the Indian Ocean Tuna Commission (IOTC) regarding conservation and responsible management of fisheries.

5. Based on the recommendations and resolutions taken within the IOTC and the best available scientific advice and, where appropriate, the results of the joint scientific meeting provided for by Article 4 of the Fisheries Partnership Agreement, the two Parties may consult each other within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement and, where necessary, agree on the measures to ensure sustainable management of Seychelles' fisheries resources.

Article 5

Adjustment of fishing opportunities and revision of technical provisions by mutual agreement through the Joint Committee

1. As provided for in Article 9 of the Fisheries Partnership Agreement, the Joint Committee may reassess the fishing opportunities referred to in Article 1 and may adjust them by mutual agreement in 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.

2. In this case the financial contribution referred to in Article 2(2)(a) shall be adjusted proportionately and pro rata temporis. However, the total annual amount paid by the European Union shall not be more than twice the figure indicated in Article 2(2)(a).

3. The Joint Committee may also, as necessary, revise by mutual agreement technical provisions of this Protocol and the Annex thereto.

Article 6

New fishing opportunities

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

2. The Parties should encourage experimental fishing, especially relating to under exploited deep water species, present in Seychelles' waters. To this end, and at the request of a Party, the Parties shall consult each other with a view to determining on a case-by-case basis, the species, conditions and other parameters that are relevant.

3. 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.

4. 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 European Union fleet until the expiration of this Protocol. The financial compensation mentioned in Article 2(2)(a) of this Protocol shall consequently be increased. Ship-owners' fees and conditions as provided for in the Annex shall be amended accordingly.

Article 7

Suspension and review of the payment of the financial contribution

1. Notwithstanding the provisions laid out in Article 8 of this Protocol, the financial contribution referred to in Article 2(2)(a) and (b) shall be reviewed or suspended after consultation between the two Parties provided that the European Union has paid in full any amounts due at the time of suspension:

(a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in fishing areas within the Seychelles' EEZ;

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

(c) if the European Union 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. In this case, all fishing activities of EU vessels shall be suspended.

2. The European Union reserves the right to suspend, totally or partially, the payment of the specific contribution provided for in Article 2(2)(b) where the results of the sectoral policy support obtained are found to be materially inconsistent with the budgeted programming following the evaluation carried out and consultations within the Joint Committee as provided by Article 3 of this Protocol.

3. Payment of the financial contribution and fishing activities may recommence once the situation has returned to the status prior to the occurrence of the above-mentioned circumstances and if the two Parties agree to do so following consultation.

Article 8

Suspension of the implementation of the Protocol

1. The implementation of this Protocol 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 9 of the Fisheries Partnership Agreement:

(a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in fishing areas within the Seychelles' EEZ;

(b) in case the European Union fails to make the payments provided for in Article 2(2)(a) for reasons not covered by Article 7 of this Protocol;

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

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

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

(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(5) of the Fisheries Partnership Agreement.

2. Suspension of implementation of this Protocol 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 Protocol 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 Protocol was suspended.

Article 9

Applicable law

1. The activities of European Union fishing vessels in Seychelles' EEZ are subject to the laws and regulations of Seychelles unless otherwise provided under this Protocol and its Annex.

2. Both Parties shall notify forthwith each other of any changes in their respective fisheries policy or legislation.

Article 10

Confidentiality

Both Parties shall ensure that only aggregated data related to fishing activities in the Seychelles' 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 Fisheries Partnership Agreement and for the purposes of fisheries management, monitoring, control and surveillance with the relevant competent authorities.

Article 11

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 Fisheries Partnership Agreement and this Protocol. The electronic form of a document at any point will be considered equivalent to its paper version.

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 Fisheries Partnership Agreement and this Protocol shall be automatically replaced by their paper version in the manner defined in the Annex.

Article 12

Mid-term Review

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

Article 13

Termination

1. In the event of termination of this Protocol, 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.

2. Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties.

Article 14

Obligation on Expiry of Protocol or Termination

1. In the case of the expiry of the Protocol or its termination as provided by Article 12, EU vessel owners shall continue to be liable for any breach of the provisions of the Fisheries Partnership Agreement or this Protocol or any laws of the Seychelles which occurred before the expiry or termination of this Protocol, or for any licence fee or any outstanding dues not paid at the time of expiry or termination.

2. If necessary, the two Parties shall continue to monitor the implementation of the sectoral support provided under Article 2(2)(b) of this Protocol.

Article 15

Provisional Application

This Protocol shall be applied provisionally as from 18 January 2014.

Article 16

Entry into force

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

Съставено в Брюксел на осемнадесети декември две хиляди и тринадесета година. Hecho en Bruselas, el dieciocho de diciembre de dos mil trece. V Bruselu dne osmnáctého prosince dva tisíce třináct. Udfærdiget i Bruxelles den attende december to tusind og tretten. Geschehen zu Brüssel am achtzehnten Dezember zweitausenddreizehn. Kahe tuhande kolmeteistkümnenda aasta detsembrikuu kaheksateistkümnendal päeval Brüsselis. Έγινε στις Βρυξέλλες, στις δέκα οκτώ Δεκεμβρίου δύο χιλιάδες δεκατρία. Done at Brussels on the eighteenth day of December in the year two thousand and thirteen. Fait à Bruxelles, le dix-huit décembre deux mille treize. Sastavljeno u Bruxellesu osamnaestog prosinca dvije tisuće trinaeste. Fatto a Bruxelles, addì diciotto dicembre duemilatredici. Briselē, divi tūkstoši trīspadsmitā gada astoņpadsmitajā decembrī. Priimta du tūkstančiai tryliktų metų gruodžio aštuonioliktą dieną Briuselyje. Kelt Brüsszelben, a kétezer-tizenharmadik év december havának tizennyolcadik napján. Magħmul fi Brussell, fit-tmintax-il jum ta’ Diċembru tas-sena elfejn u tlettax. Gedaan te Brussel, de achttiende december tweeduizend dertien. Sporządzono w Brukseli dnia osiemnastego grudnia roku dwa tysiące trzynastego. Feito em Bruxelas, em dezoito de dezembro de dois mil e treze. Întocmit la Bruxelles la optsprezece decembrie două mii treisprezece. V Bruseli osemnásteho decembra dvetisíctrinásť. V Bruslju, dne osemnajstega decembra leta dva tisoč trinajst. Tehty Brysselissä kahdeksantenatoista päivänä joulukuuta vuonna kaksituhattakolmetoista. Som skedde i Bryssel den artonde december tjugohundratretton. За Европейския съюз Por la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή Ένωση For the European Union Pour l'Union européenne Za Europsku uniju Per l'Unione europea Eiropas Savienības vārdā – Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen За Република Сейшели Por la República de Seychelles Za Seychelskou republiku For Republikken Seychellerne Für die Republik Seychellen Seišelli Vabariigi nimel Για τη Δημοκρατία των Σεϋχελλών For the Republic of Seychelles Pour la République des Seychelles Za Republiku Sejšele Per la Repubblica delle Seychelles Seišelu Salu Republikas vārdā – Seišelių Respublikos vardu A Seychelle Köztársaság részéről Għar-Repubblika tas-Seychelles Voor de Republiek der Seychellen W imieniu Republiki Seszeli Pela República das Seicheles Pentru Republica Seychelles Za Seychelskú republiku Za Republiko Sejšeli Seychellien tasavallan puolesta För Republiken Seychellerna