SKSMHI 
COMMISSION OF THE EUROPEAN COMMttJNITIES 
COM(93) 90 final 
Brussels, 18 March 1993 
Proposal for a 
COUNCIL DECISION 
igaaàsae on the condMion of the Agrccsscaf in the form of an Exchange of Letters concerning the 
provisional apflicatioa of die Protocol defining for the period 18 January 199J to 17 January 
199&' the fhinag opnonanifiri and the financial contribution provided for by the Agrcenwnt 
li f ttvf fn thff Fufflfff an Ecoooniif dftrTftwitty and ritf RfpuMk1 <rf Srycht Ht t un fwhing ffff thf 
Proposal for a 
COUNCIL REGULATION (EEm 
on the conclusion of the Protocol defining, for the period from II January 1993: 
to 17 January 199$, the fishing opportunities and the financial contribution 
provided for by the Agreement between the European Community 
and the Republic of Seychelles on fishing off Seychelles 
(presented by the Commission) 
2_ 
EXPLANATORY HEHORAWUH 
The Protocol attached to the fishing Agreement between the European Community 
and the Government of the Republic of Seychelles expired on 17.1.1992. A new 
Protocol establishing the technical and financial conditions for fishing 
activity by the EEC fishing fleet in Seychelie waters for the period from 
18.1.1993 to 17.1.1996 was initialled by the two Parties on 14.1.1993. 
The terms are identical to those of the previous protocol. 
On this basis the Commission proposes that the Council adopt: 
by decision, a draft Agreement in the form of an Exchange of Letters 
concerning the provisional application of the new Protocol pending its 
définitive entry into force, 
by regulation, the Protocol establishing the fishing opportunities and 
tecfcntcal and financing conditions pertaining thereto as «anted by the 
iwrniw Community and Seychelles for the period 14.1.1993 to 17.1.1994. 
II 
(Acts whose publication is not obligatory) 
COUNCIL 
COUNCIL DECISION 
of 
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 1993 to 17 January 
199^ 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 COMMUNITIES, 
Having regard to the Treaty establishing the European 
Community, 
Having regard to the Agreement between the European 
V Community and the Republic of Seychelles on 
fishing off Seychelles ('), signed in Brussels on 28 October 
1987, 
Having regard to the proposal from the Commission, 
Whereas the Community and the Republic of Seychelles have 
held negotiations with a view to determining amendments to 
be made to the abovementiohed Agreement at the end of the 
period of application of the Protocol in force which is 
annexed to the said Agreement; 
Whereas, as a result of these negotiations, a new Protocol 
was initialled on 1^ January 1993, by virtue of which 
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 1993 to 17 
January 199e»; letters should be approved subject to a definitive decision 
pursuant to Article 43 of the Treaty, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The Agreement in the form of an Exchange of Letters 
concerning the provisional application of the Protocol 
defining, for the period 18 January 199$ to 17 January 199é, 
the fishing opportunities and the financial contribution 
provided for by the Agreement between the European 
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 the Protocol are attached to this Decision. 
Article 2 
The President of the Council is hereby authorized to 
designate the persons empowered to sign the Agreement in 
the form of an Exchange of Letters in order to bind the 
Community. 
Whereas, 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 the 
day following the date of expiry of the Protocol previously in 
force; whereas the Agreement in the form of an exchange of Done at Brussels, 
For the Council 
The President 
(») OJ No L 119. 7. 5. 1987, p. 26. 
H 
Agreement 
in the form of an Exchange of Letters concerning the 
provisional application of the Protocol defining, for the 
period 18 January 1993 to 17 January 1996, the fishing 
opportunities and the financial contribution provided for by 
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 in Victoria 
on 14 January 1993, establishing the fishing opportunities and 
the financial contribution for the period 18 January 1993 to 
17 January 1996, 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 1993, pending 
its entry into force in accordance with Article 6 of the 
Protocol, provided that the European Community is prepared to 
do the same. 
This is on the understanding that a first instalment equal to 
one-third of the financial compensation specified in Article 2 
of the Protocol is to be paid by 31 May 1993. 
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 
s 
B. Letter from the European Community 
Sir, 
I am in receipt of your letter of today's date, which reads as 
follows : 
"With reference to the draft Protocol, initialled in Victoria 
on 14 January 1993, establishing the fishing opportunities and 
the financial contribution for the period 18 January 1993 to 
17 January 1996, 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 1993, pending 
its entry into force in accordance with Article 6 of the 
Protocol, provided that the European Community is prepared to 
do the same. 
This is on the understanding that a first instalment equal to 
one-third of the financial compensation specified in Article 2 
of the Protocol is to be paid by 31 May 1993. 
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. 
For the European Community 
6 
*. 11. 9» 
(/!<** H4m.tr publication is obligatory) 
COUNCIL REGULATION (EEC) No 
of 
on the conclusion of the Protocol defining, for the period from 18 January 1993 
to 17 January 1996, the fishing opportunities and the financial contribution 
provided for by the Agreement between the European Community 
and the Republic of Seychelles on fishing off Seychelles 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 43 
thereof. 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parli­
ament ('), 
Whereas, in accordance with the Agreement between the 
European Community and the Republic of 
Seychelles on fishing off Seychelles, signed in Brussels on 
28 October 1987 ('), the Contracting Parties held negotia­
tions with a view to determining amendments to be made 
to that Agreement at the end of the period of application 
of the Protocol attached to the said Agreement ; 
Whereas, as a result of these negotiations, a new Protocol 
defining for the period from IH January I9°j to 17 
January 1996 the fishing opportunities and the financial 
contribution provided for by the abovementioned Agree­
ment was initialled on I*/ January 199J ; 
Whereas it is in the Community's interest to approve that 
Protocol, HAS ADOPTED THIS REGULATION : 
Article I 
The Protocol defining, for the period from 18 January 
199J to 17 January I9Ï&, the fishing opportunités and the-
financial contribution provided for by the Agreement 
between the European 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 President of the Council is hereby authorized to 
designate the persons empowered to sign the Protocol in 
order to bind the Community. 
Article J 
This Regulation shall enter into force ~>n the third day 
following its publication in the Official Journal of the 
Eu rope a n Co m m u n it ies. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done 
For the Council 
The President 
(') Opittion delivered on 
the Official Journal). 
O OJ No L 11». 7. 5. 1987, p. 26. (not yet published in 
^ 
PROTOCOL 
defining for the period 18 January 1993 to 17 January 1996 the 
fishing opportunities and the financial contribution provided 
for by the Agreement between the European Community and the 
Republic of Seychelles on fishing off Seychelles. 
Article 1 
1. Pursuant to Article 2 of the Agreement, and notwithstanding 
Article 12 of the Agreement relating to further periods of the 
Agreement, licences to fish simultaneously in Seychelles 
waters shall be granted to 40 ocean-going tuna seiners for a 
period of three years beginning on 18 January 1993. 
2. Furthermore fishing licences may also be granted for tuna 
trollers and surface tuna longliners not exceeding 18 metres 
length overall. 
Article 2 
The financial contribution referred to in Article 6 of the 
Agreement shall be fixed at 6.980.080 ECU for the period 
provided for in Article 1 of this Protocol, payable in three 
equal annual instalments. The financial contribution 
corresponds to a catch of 46.000 tonnes of tuna per year in 
Seychelles' waters. If the tuna caught by Community vessels 
in Seychelles' waters exceeds 46.000 tonnes, the Community 
shall increase the financial contribution proportionately. 
Article 3 
The Community shall also pay, during the period referred to in 
Article 1, a contribution of 2.700.000 ECU, payable in three 
equal annual instalments, towards the financing of scientific 
programmes in the Seychelles to gain greater knowledge of fish 
stocks concerning the region of the Indian Ocean surrounding 
the Seychelles islands, particularly in respect of highly 
migratory species, and the purchase or maintenance or both, as 
Seychelles may think fit, of equipment to improve the 
administrative structure relating to fisheries in Seychelles. 
The Seychelles authorities shall forward 
way that amount is used to the Community a brief report on the 
Art icle 4 
The two parties hereby agree that an essential condition for 
the success of their cooperation is that the skills and 
know-how of persons engaged in sea fishing be improved. To 
this end, the Community will assist Seychellois nationals in 
finding places in establishments in its Member States or 
States with wich it has concluded cooperation agreements and 
will make available an amount of 300.000 ECU for study or 
practical training awards with a maximum duration of five 
years in the various scientific, technical and economic 
subjects relating to fisheries. Of this amount, up to 
ECU 100.000 may be used, at the request of the Seychelles' 
authorities, to cover the cost of attending international 
meetings relating to fisheries. 
Article 5 
The Protocol and Annex I, dated 18 and 17 January 1990 
respectively, to the Agreement which came into force on 
28th Octobre 1987 between the European Community and the 
Republic of Seychelles on fishing off Seychelles are hereby 
repealed and replaced by this Protocol and Annex I. 
Article 6 
This Protocol and Annex I shall enter into force on the date 
of their signature. 
This Protocol and Annex I shall be applicable from 18 January 
1993. 
% 
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 : 
(a) the Commission of the European Communities shall present 
to the Seychelles Fishing Authority, via the 
representative of the Commission of the European 
Communities in the Seychelles, an application, made by the 
shipowner, 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 the Seychelles, a specimen of which is annexed 
hereto; 
(b) every licence shall be issued for one designated vessel. 
At the request of the Commission of the European 
Communities, the licence for a vessel may, and, in cases 
of force majeure, will be replaced by a licence for 
another Community vessel; 
(c) the licences shall be delivered by the authorities of the 
Seychelles to the shipowners, or their representatives or 
agents. The representative of the Commission of the 
European Communities shall be notified of the licences 
granted by the authorities of Seychelles; 
(d) the licence document must be held on board at all times; 
(e) the authorities of the 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 
(a) Licences shall be valid for a period of one year. They 
are renewable. 
(b) As far as tuna seiners are concerned, the fees shall be 
set at ECU 20 per tonne caught within Seychelles* waters 
Applications for licences for these vessels shall be 
issued following advance payment to Seychelles of a lump 
sum of ECU 5.000 per year for each vessel, equivalent 
to the fees for 250 tonnes of tuna caught within the 
Seychelles' waters per year. 
(c) For small tuna trollers and surface tuna longliners 
mentioned in Article 1 of the Protocol, the licence 
fee is fixed at 20 ECU per tonne caught in Seychelles 
waters. The licences shall be issued following advance 
payment to Seychelles of a lump sum of 500 ECU a year per 
vessel, equivalent to the fees due for 25 tonnes of tuna 
caught in Seychelles' waters per year. 
(d) A provisional statement of the fees due for the fishing 
year shall be drawn up by the Commission of the European 
Communities at the end of each calender year on the basis 
of the catch statements made by the shipowners and 
forwarded simultaneously to the Seychelles'authorities and 
the Commission of the European Communities. The 
corresponding amount shall be paid by the shipowners to 
the Seychelles' Treasury no later than 31 March of the 
following year. The final statement of the fees due in 
respect of a fishing year shall be drawn up by the 
Commission of the European Communities, taking into 
account available scientific opinion, particularly of FAO, 
ORSTOM and the Spanish Institute of Oceanography (IEO) 
experts established in the Seychelles, and any statistical 
data which can be gathered by an international fishing 
organization in the Indian Ocean and any comments or data 
supplied by the Seychelles authorities to the Commission. 
The shipowners shall be notified by the Commission of the 
European Communities of the statement and shall have 30 
days in which to meet their financial obligations. If the 
amount of the sum due for actual fishing operations is 
less than the advance payment, the Seychelles authorities 
shall retain the balance. 
3. Observers 
Tuna seiner vessels shall, at the request of the Seychelles' 
authorities, take on board an observer designated by the said 
authorities in order to check catches made in Seychelles' 
waters. Observers shall have all facilities necessary for the 
performance of these duties, including access to places and 
documents. An observer must not be present for longer than 
the time required to fulfil his duties. Observers shall be 
provided with suitable food and accomodation while on board. 
Should a tuna seiner with a Seychellois 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 shipowners' expense. 
M 
4. Employment of fishermen 
Each tuna seiner shall take on board at least two Seychelles 
fishermen designated by the Seychelles' authorities, in 
agreement with the shipowners, during its fishing campaign. 
The employment contracts of the fishermen shall be drawn up 
Victoria between the shipowners' representatives and the 
fishermen in agreement with the Seychelles Ministry 
responsible for Employment. This contract shall cover the 
social security arrangements applicable to the fishermen 
including life, accident and sickness insurance. in 
5. Landing 
Tuna seiners landing in the port of Victoria will endeavour to 
make their by-catches available to the Seychellois authorities 
at the local market prices. Furthermore the Community tuna 
seiners shall participate in supplying tuna to the Seychelles 
canneries at international market prices. 
6. Radio communications 
While they are engaged in fishing activities in the 
Seychelles' waters, vessels shall communicate their position 
and catches every three days to the Seychelles' authorities 
via Victoria radio station and, at the end of each trip, the 
result of their catches. 
7. Fishing zone 
To avoid any adverse effect on small-scale fisheries in 
Seychelles' waters, fishing by Community vessels shall not be 
authorized in the zones defined in the Seychelles regulations 
nor within three miles around any fish-aggregating device 
placed by the Seychelles authorities, the geographical 
positions of which have been communicated to the shipowners' 
representative or agent. 
8. 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 
shipowners, the conditions for using port equipment and, if 
necessary, supplies and services. 
9. Catch statements 
Community vessels shall be required to complete a fishing log 
book for each fishing period in Seychelles' waters. Failure 
to complete this log book, duly proven falsification of the 
details required to be entered therein or failure to pay any 
fees due by any Community vessel under this Agreement may be 
penalized 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(b) of this Annex. 
Before any licence is suspended or revoked, the Commission of 
the European Communities will be fully informed of all the 
relevant facts. 
J'b 
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: 
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0\ f<*iANC<AL IMPLICATIONS ' : ' >'--' " 
.0 EXPENDITURE 
- CMARCEO TO TMC EC 8UOCET 
(REFUMOS/INTERVENTIONS) 
- NATIONAL AUTHORITIES 
- OTHER NATIONAL SOURCES 
. 1 DEVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOU OUTIES) 
- NATIONAL Our trig' tti« ' fishing' CURRENT F INANCtAL'..YEAR 
1993 
3.300.000 ECU 
(amual average) fOlLOVINC FINANCIAL YEAR 
1994 
3.300.000 ECU 
(annual average) 
YEAR. 
.0.1 UULTI ANNUAL TIMETABLE 
OF EXPENDITURE YEAR .1.993 .1.994 YEAR 1.995 
3.300.000 ECU 3.300.000 ECU 3.300.000 ECU 
5.2 METHOD OF CALCULATION (annual average) 
* Financial contribution 
Scientific programme 
Study grants 
Financial compensation 
Average annual cost 6.900.000 
2.700.000 
300.000 
ÏL900.00Û 
3.300.000 ECU 
ECU 
ECU 
ECU (total cost) 
ECU 
6.0 CAN THE PROJECT BE FINANCEO FROM APPROPRIATIONS ENTEREO IN THE RELEVANT CMAPU» OF THE CURRENT BuDCCI 7 
rtsXJHO 
t.X CAN TNE PROJECT BE FINANCEO BY TRANSFER BETWEEN CHAPTERS OF Tn£ CURRENT BUOCET 7 
6.2 «III A SUPPLEMENTARY BUOCET BE NECESSARY 7 
6.3 WILL FUTURE BUOCET APPROPRIATIONS BE NECESS»*»* I 
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BSN 0254-1475 
COM(93) 90 final 
DOCUMENTS 
EN 03 u 
Catalogue number : CB-CO-93-112-EN-C 
ISBN 92-77-53557-1 
Office for Official Publications of the European Comiminities 
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