Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period 18 January 2002 to 17 January 2005 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 the coast of Seychelles

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol to the Fisheries Agreement between the European Economic Community and the Republic of Seychelles expires on 17 January 2002. A new Protocol was initialed by both parties on 28 September 2001 fixing the technical and financial conditions governing the fishing activities of Community vessels in Seychelles waters during the period 18 January 2002 to 17 January 2005.

The Commission proposes, on this basis, that the Council adopt by Decision the draft Agreement in the form of an exchange of letters concerning the provisional application of the new Protocol pending its definitive entry into force.

A proposal for a Council Regulation on the conclusion of the new Protocol must be the subject of a separate procedure.

Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period 18 January 2002 to 17 January 2005 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 the coast of Seychelles

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,

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

[1] OJ C........, p.

Whereas:

(1) Under the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles [2], signed in Brussels on 28 October 1987, the Community and the Republic of Seychelles have held negotiations with a view to determining amendments to be made to the above mentioned Agreement at the end of the period of application of the Protocol in force which is annexed to the said Agreement;

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

(2) As a result of those negotiations, a new Protocol defining for the period from 18 January 2002 to 17 January 2005 the fishing opportunities and the financial contribution provided for by the above mentioned agreement was initialled on 28 September 2001.

(3) Under this Protocol, Community fishermen are to enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Republic of Seychelles for the period 18 January 2002 to 17 January 2005;

(4) In order to avoid interruption of fishing activities by Community vessels, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the said Protocol from 18 January 2002;

(5) The method for 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 DECIDED AS FOLLOWS:

Article 1

AThe Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period 18 January 2002 to 17 January 2005, 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 is hereby approved on behalf of the Community.

The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.

Article 2

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

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

Article 3

The Member States whose vessels are fishing under this Protocol shall notify the Commission of the quantities of each stock taken in Seychelles waters in accordance with the arrangements laid down in Commission Regulation (EC) No 500/2001 of 14 March 2001 [3].

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

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

Done at Brussels,

For the Council

The President

AGREEMENT

in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period from 18 January 2002 to 17 January 2005, the fishing possibilities and the financial contribution provided for in the Agreement between the European Community and the Republic of Seychelles on fishing off Seychelles

A. Letter from the Republic of Seychelles

Sir,

With reference to the draft Protocol, initialled on 28 September 2001, establishing the fishing possibilities and the financial contribution for the period from 18 January 2002 to 17 January 2005, I have the honour to inform you that the Republic of Seychelles is ready to apply this Protocol on a provisional basis, with effect from 18 January 2002, pending its entry into force in accordance with Article 7 of the Protocol, provided that the European Community is prepared to do the same. This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is to be paid by 30 September 2002.

I should be obliged if you would confirm the European Community's Agreement to such provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the Republic of Seychelles

B. Letter from the Community

Sir,

I am in receipt of your letter of today's date, which reads as follows:

"with reference to the draft Protocol, initialled on 28 September 2001, establishing the fishing possibilities and the financial contribution for the period from 18 January 2002 to 17 January 2005, I have the honour to inform you that the Republic of Seychelles is ready to apply this Protocol on a provisional basis, with effect from 18 January 2002, pending its entry into force in accordance with Article 7 of the Protocol, provided that the European Community is prepared to do the same. This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is to be paid by 30 September 2002.

I should be obliged if you would confirm the European Community's Agreement to such provisional application."

I have the honour to confirm the European Community's agreement to such provisional application of the Protocol.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Union

PROTOCOL

DEFINING FOR THE PERIOD 18 JANUARY 2002 TO 17 JANUARY 2005 THE FISHING POSSIBILITIES 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

Pursuant to Article 2 of the Agreement, and notwithstanding Article 12 of the Agreement relating to further periods of the Agreement, annual licences to fish simultaneously in Seychelles waters shall be granted to

a) 40 ocean-going tuna seiners and

b) 27 surface long-liners

for a period of 3 years beginning on 18 January 2002.

Article 2

The financial contribution (contrepartie financière) referred to in Article 6 of the Agreement shall be fixed at EURO 3,460,000 per year, out of which Seychelles agrees to allocate EURO 1,160,000 per year for the purpose of the matters specified in Article 3. The balance (EURO 2,300,000), hereinafter referred to as financial compensation, shall be paid into an account belonging to the government of Seychelles notified by the Central Bank of Seychelles.

The financial contribution corresponds to a catch of 46,000 tons of tuna per year in Seychelles waters. If the catch by Community vessels in Seychelles waters exceeds 46,000 tons, the Community shall increase the financial contribution proportionately.

The first instalment of the financial compensation is to be paid not later than 30 September 2002 and the others by 18 January 2003 and 18 January 2004.

Article 3

During the 3 year period referred to in Article 1, the measures set out below shall be financed from the financial contribution provided for in Article 2, to the total amount of EURO 3,480,000, broken down as follows:

a) EURO 1,230,000 for the development of local fisheries;

b) EURO 1,000,000 for the setting up and development of a monitoring control and surveillance system, including appropriate technical assistance;

c) EURO 950,000 for scientific and technical programmes aiming at greater knowledge of fish stocks;

d) EURO 300,000 for training courses in the various scientific, technical and economic fields linked to fishing and for attending international meetings.

The above amounts shall be made available no later than 30 September 2002. They shall be paid, as and when requested by the Seychelles Fishing Authority, into a bank account of the Seychelles Fishing Authority, the Seychelles authority responsible for the management of these programmes.

All these measures shall be decided by the Seychelles Fishing Authority who will inform the European Commission.

The competent Seychelles authorities shall transmit an annual report on the implementation of these measures and the results achieved to the Delegation of the European Commission in charge of the Seychelles, three months after the anniversary date of the Protocol. The European Commission reserves the right to request further information on these results from the competent Seychelles authorities and to review the payments concerned in the light of the actual implementation of such measures, after consultation in the framework of the Joint Committee as provided for in Article 7 of the Agreement.

Article 4

If the European Community fails to make the payments provided for in Articles 2 and 3, Seychelles may suspend the implementation of this Protocol.

Article 5

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

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 6

The Protocol and Annex I, dated 17 January 1999, 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, are hereby rescinded and replaced by this Protocol and its Annex I.

Article 7

This Protocol and its Annex will enter into force when the Parties exchange the notification concerning the accomplishment of the respective appropriate adoption procedures.

They are applicable from 18 January 2002.

ANNEX I

Conditions for the pursuit of fishing activities by Community vessels in Seychelles waters

1. Licence application and issuing formalities

The procedure for applications for, and issue of, licences enabling Community vessels to fish in Seychelles waters shall be as follows:

1.1. the European Commission shall present to the Seychelles Fishing Authority (SFA), via its Delegation in charge of Seychelles, an application, made by the ship-owner, for each vessel that wishes to fish under this Agreement at least 20 days before the date of commencement of the period of validity requested. The application shall be made on the form provided for that purpose by Seychelles, a specimen of which is annexed as Appendix 1;

1.2. every licence shall be issued for one designated vessel. At the request of the European Commission, the licence for a vessel may, and, in case of force majeure, will be replaced by a licence for another Community vessel;

1.3. the licences shall be delivered by the Seychelles authorities to the ship-owners, or their representatives or agents. The Delegation of the European Commission in charge of Seychelles shall be notified of the licences granted by the Seychelles authorities;

1.4. the licence document must be held on board at all times; however, on reception of notification of payment of the advance sent to the Seychelles authorities by the European Commission, the vessel shall be entered on a list of vessels authorized to fish, which shall be sent to the Seychelles authorities responsible for inspection. A copy of the said licence may be obtained by fax pending arrival of the licence itself; that copy shall be kept on board;

1.5. the authorities of Seychelles shall communicate before the date of entry into force of the Agreement the arrangements for payment of the licence fees, and in particular the details of the bank accounts and the currencies to be used.

2. Validity of licences and payment

2.1. Licences shall be valid for a period of one year. They are renewable.

2.2. The fee shall be set at EURO 25 per ton caught within Seychelles waters.

Licences shall be issued following advance payments to Seychelles of a lump sum, per year and for each vessel, of EURO 10,000 for tuna seiners, EURO 2,000 for surface long-liners of more than 150 GRT and EURO 1,500 for surface long-liners of 150 GRT or less. Such amounts are equivalent to the fees for respectively 400 tons, 80 tons and 60 tons caught within Seychelles waters per year.

2.3. Surface long-liners shall, before the starting of their fishing campaign in Seychelles waters and at the end of it, call into Port Victoria to check the catches held on board. However, at the request of the ship-owner, the Seychelles authorities might exempt the vessel of that requirement.

Fishing licences for surface long-liners shall authorise the fishing of not only tuna but also swordfish, marlin and sailfish.

2.4. The Seychelles Fishing Authority (SFA) will 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 SFA.

The statement will be sent to the Commission before 31 March of the current year. The Commission will transmit it before 15 April simultaneously to ship-owners and national authorities of the concerned Member States.

Where the ship-owners 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 15 May of the current year. In the absence of observations by the ship-owners at that date, the statement submitted by the SFA is considered as the final one.

The Member States will notify the Commission of the final statement relating to their own fleet.

Ship-owners shall make any additional payment above the advance to the Seychelles fishery authorities at the latest by 31 May of the same year.

Where the final statement is less than the above mentioned advance, the balance shall not be recoverable by the ship-owner.

3. Declarations of catches

3.1. 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.

3.2. For the periods for which a Community vessel referred to in point 3.1 was not present in Seychelles waters, it shall provide the above mentioned fishing form with the notation "Outside Seychelles EEZ".

3.3. As far as the release of the fishing forms referred to in points 3.1 and 3.2 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 point 2.4.

3.4. In the event of failure to comply with these provisions, the sanctions referred to in point 11 will be applicable.

4. Observers

Tuna seiner vessels shall, at the request of the Seychelles authorities, take on board one observer, and when the Seychelles authorities think it appropriate and necessary, two observers, designated by the said authorities in order to check the position of vessels and catches made in Seychelles waters including scientific research.

Observers shall have all facilities necessary for the performance of these duties, including access to places, documents and communication equipment. An observer must not be present for longer than the time required to fulfil his duties. Observers shall be granted officer status while on board. Should a tuna seiner with a Seychelles observer on board leave Seychelles waters, every step will be taken to ensure that the observer returns to Seychelles as soon as possible, at the ship-owner's expense.

If an observer is not present at the time and place agreed and during the twelve hours following the time agreed, ship-owners shall be automatically absolved of their obligation to take the observer on board.

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

5. Vessel monitoring systems

Community vessels fishing under the Agreement shall be monitored, inter alia, by vessel monitoring systems, without discrimination, under the conditions to be agreed by the Parties.

6. Employment of seamen

Each tuna seiner shall take on board at least two Seychelles seamen designated by the Seychelles authorities, in agreement with the ship-owner, during its fishing campaign.

The employment contracts of the seamen shall be drawn up in Victoria between the ship-owners representatives and the seamen in agreement with the Seychelles Ministry responsible for employment.

These contracts shall also cover the social security arrangements applicable to the seamen including life accident and sickness insurance.

7. Landing

Tuna seiners landing in the port of Victoria will endeavour to make their by-catches available to the Seychelles authorities at the local market price.

Furthermore, the Community tuna seiners shall participate in supplying tuna to the Seychelles canneries at international market price.

8. Communications

Within three hours of each entry and exit of the zone and every three days during their fishing activities in Seychelles waters, Community vessels shall communicate directly to the Seychelles authorities, in priority by fax or, in the event of failure, by radio their position and the volume of catches held on board.

The number of the fax and the radio frequency shall be indicated on the licence.

A copy of the communications by fax or a record of the radio communications referred to above shall be kept by the Seychelles authorities and the ship-owners until the approval by both parties of the final statement of the fees referred to in point 2.4.

In the event of failure to comply with these provisions, the sanctions referred to in point 11 will be applicable.

9. 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 regulations nor within three miles around any fish-aggregating device placed by Seychelles authorities, the geographical positions of which have been communicated to the ship-owners' representatives or agents.

10. 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 will lay down, in agreement with the ship-owners, the conditions for using port equipment and, if necessary, supplies and services.

11. 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. Suspension or revocation of a fishing licence shall be regarded as force majeure for the purpose of point 1.2 of this Annex.

The European Commission will immediately be fully informed of any suspension or revocation and of all relevant facts related thereto.

12. Arrest of fishing vessels

The Seychelles authorities shall inform the Delegation of the European Commission 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 FORM 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.

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Appendix 3

STATEMENT OF CATCH FOR SURFACE LONGLINERSPRIVATE

Name of vessel: _______________ Skipper's name: ___________________

Date of setting: ____/____/____ Start of trip: _____/_____/_____/ at: _____

Trip number: ________ Setting number: _____________

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