EN Official Journal of the European Union L 167/4

AGREEMENT

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

THE EUROPEAN UNION, hereinafter referred to as the ‘EU’,

and

THE REPUBLIC OF THE SEYCHELLES, hereinafter referred to as the ‘Seychelles’,

Hereinafter referred to as ‘the Parties’,

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

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

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

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

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

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

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

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

HEREBY AGREE AS FOLLOWS:

Article 1

Scope

This Agreement establishes the principles, rules and procedures governing:

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

— the conditions governing access by Seychelles fishing vessels to EU waters, as defined in the Annex,

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

Article 2

Definitions

For the purposes of this Agreement:

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

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

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

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

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

Article 3

Principles and objectives underlying the implementation of this Agreement

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

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

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

Article 4

Statistical and Scientific cooperation on responsible fishing

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

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

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

Article 5

Access by Seychelles vessels to the fisheries in EU waters

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

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

Article 6

Fishing authorisations

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

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

Article 7

Species Coverage

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

Article 8

Joint Committee

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

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

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

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

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

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

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

2. The Joint Committee shall meet at least once a year, alternately in the EU and in the Seychelles, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.

Article 9

Adjustment of fishing opportunities by decision of the Joint Committee

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

Article 10

Suspension of the implementation of this Agreement

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

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

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

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

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

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

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

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

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

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

Article 11

Termination

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

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

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

Article 12

Applicable law

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

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

Article 13

Confidentiality

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

Article 14

Electronic exchanges of data

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

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

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

Article 15

Mid-term Review

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

Article 16

Obligation on Expiry of this Agreement or its Termination

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

Article 17

Duration

This Agreement shall apply for six years from the date of its provisional application. It shall be renewed for additional periods of six years, unless notice of termination is given in accordance with Article 11.

Article 18

Provisional Application

This Agreement shall be applied provisionally from the date of its signature.

Article 19

Entry into force

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

Съставено в Брюксел на двадесети май две хиляди и четиринадесета година. Hecho en Bruselas, el veinte de mayo de dos mil catorce. V Bruselu dne dvacátého května dva tisíce čtrnáct. Udfærdiget i Bruxelles den tyvende maj to tusind og fjorten. Geschehen zu Brüssel am zwanzigsten Mai zweitausendvierzehn. Kahe tuhande neljateistkümnenda aasta maikuu kahekümnendal päeval Brüsselis. Έγινε στις Βρυξέλλες, στις είκοσι Μαΐου δύο χιλιάδες δεκατέσσερα. Done at Brussels on the twentieth day of May in the year two thousand and fourteen. Fait à Bruxelles, le vingt mai deux mille quatorze. Sastavljeno u Bruxellesu dvadesetog svibnja dvije tisuće četrnaeste. Fatto a Bruxelles, addì venti maggio duemilaquattordici. Briselē, divi tūkstoši četrpadsmitā gada divdesmitajā maijā. Priimta du tūkstančiai keturioliktų metų gegužės dvidešimtą dieną Briuselyje. Kelt Brüsszelben, a kétezer-tizennegyedik év május havának huszadik napján. Magħmul fi Brussell, fl-għoxrin jum ta’ Mejju tas-sena elfejn u erbatax. Gedaan te Brussel, de twintigste mei tweeduizend veertien. Sporządzono w Brukseli dnia dwudziestego maja roku dwa tysiące czternastego. Feito em Bruxelas, em vinte de maio de dois mil e catorze. Întocmit la Bruxelles la douăzeci mai două mii paisprezece. V Bruseli dvadsiateho mája dvetisícštrnásť. V Bruslju, dne dvajsetega maja leta dva tisoč štirinajst. Tehty Brysselissä kahdentenakymmenentenä päivänä toukokuuta vuonna kaksituhattaneljätoista. Som skedde i Bryssel den tjugonde maj tjugohundrafjorton. За Европейския съюз Рог 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 Fur die Republik Seychellen Seišelli Vabariigi nimel Για τη Δημοκρατία των Εεϋχελλώυ 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