COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC90) 88 final 
Brussels/ 14 March 1990 
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 from 
18 January 1990 to 17 January 1993 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 
Proposal for a 
COUNCIL REGULATION (EEC) 
relating to the conclusion of the Protocol defining for the period from 
18 January 1990 to 17 January 1993 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 
(presented by the Commission) 
,,^Hfiffl3^ 
EXPLANATORY MEMORANDUM 
The Protocol to the fisheries Agreement between the European Economic 
Community and the Republic of Seychelles, signed on October 28 1987 
expired on 17 January this year. 
In accordance with Article 12 of the Agreement, the contracting parties 
held negotiations with a view to revising the Protocol to the 
Agreement. A new Protocol defining the fishing opportunities and 
financial contribution for the period from 18 January 1990 to 17 
January 1993 was Initialled on 17 January 1990. In order to avoid an 
Interruption of fishing activities by Community vessels, an exchange of 
letters on the provisional application of the new Protocol from 18 
January 1990 was also Initialled. 
The Protocol provides fishing opportunities for 40 ocean-going tuna 
seiners for a period of three years starting on 18 January 1990. 
The financial compensation payable by the Community is 2,300,000 ECU 
per year. In addition, the Community will contribute 2,700,000 ECU 
over three years to finance scientific programmes In the Seychelles to 
study fish stocks and for the purchase and maintenance of equipment for 
the Seychelles fisheries administrative structure, plus a maximum of 
ECU 300,000 over 3 years to finance study or practical training awards. 
Shipowners' fees have been set at ECU 20 per tonne of tuna caught. 
The Commission proposes that the Council should, as soon as possible, 
adopt 
1. the attached 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 from 18 January 
1990 to 17 January 1993, 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. the attached Regulation relating to the conclusion of the Protocol 
defining for the period from 18 January 1990 to 17 January 1993 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. 
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 from 18 January 1990 to 17 January 1993 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 Economic 
Community, 
Having regard to the Agreement between the European Economic 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^2) 
Whereas the Community and the Republic of Seychelles held negotiations 
with a view to determining amendments or additions to be made to the 
Agreement on fishing off Seychelles at the end of the period of 
application of the first Protocol; 
Whereas as a result of these negotiations a new Protocol was Initialled 
on 17 January 1990; 
Whereas under this Protocol Community fishermen enjoy fishing 
opportunities in the waters falling within the sovereignty or 
jurisdiction of the Republic of Seychelles for the period from 18 
January 1990 to 17 January 1993; 
Whereas, in order to avoid Interruption of fishing activities by 
Community vessels, It Is essential that the Protocol be approved as 
quickly as possible; whereas both parties have therefore initialled an 
Agreement In the form of an exchange of letter providing for the 
provisional application of the Initialled 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 letters should be 
concluded, subject to a definitive decision under Article 43 of the 
Treaty. 
HAS DECIDED AS FOLLOWS : 
(1) 0J n' I 119, 7.5.87, p. 26 
(2) 
Article 1 
The Agreement In the form of an exchange of letters concerning the 
provisional application of the Protocol defining for the period from 18 
January 1990 to 17 January 1993. 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 text of the Agreement is 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. 
Done at Brussels 1990 
For the CounclI 
The President 
\ 
PROPOSAL 
FOR 
COUNCIL REGULATION (EEC) N* 
relating to the conclusion of the Protocol defining for the period from 
18 January 1990 to 17 January 1993 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 COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and In particular Article 43 thereof, 
Having regard to the proposal from the Commission,') 
Having regard to the opinion of the European Parliament/2) 
Whereas, in accordance with the Agreement between the European Economic 
Community and the Republic of Seychelles on fishing off Seychelles, 
signed in Brussels on 28 October 1987(3), the contracting parties held 
negotiations with a view to determining amendments or additions to be 
made to the Agreement at the end of the period of application of the 
first Protocol ; 
Whereas as a result of these negotiations a new Protocol defining for 
the period from 18 January 1990 to 17 January 1993 the fishing 
opportunities and the financial contribution provided for by the 
Agreement was Initialled on 17 January 1990; 
Whereas it is In the Community's Interest to approve this Protocol, 
HAS ADOPTED THIS REGULATION : 
Article 1 
The Protocol defining for the period from 18 January 1990 to 17 January 
1993 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 text of the Protocol Is attached to this Regulation. 
(1) OJ n" L 
(2) OJ n* L 
(3) 0J n' L 119,7.05.87, p. 26 
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 3 
This Regulation shall enter Into force on the third day following that 
of Its publication In the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, 1990 
For the CounclI 
The President 
PROTOCOL 
oefining for the perioo from 18 January 1990 to 17 January 1993 the fishing 
opportunities and the financial contribution provided for by the Aqreement 
between the European Economic Community ana the Republic of Seychelles on 
fishing off Seychelles. 
THE CONTRACTING PARTIES, 
Having reqarc to the Aqreement between the European Economic Community and 
the Republic of Seychelles on fishing off Seychelles, signed on 28 October 
1987, 
HAVE AGREED AS FOLLOWS 
Article .1 
1- Pui suant to Article 2 of the Agreement, and notwithstanding Ai tide 12 
of the Agreement relating to further perioos of the Agreement, licences to 
fish simultaneously in Seychelles waters shall be grantee to &0 ocean-going 
tuna seiners for a perioo of 3 years beoinninq on 18 January 1990. 
2. In aocition, and at the request of the Community, authorizations may be 
qranteo for accitional fishing vessels on terms to be established within the 
Joint Committee referreo to in Article 7 of the Aqreement. 
Article 2 
The amount of the contribution referreo to in Article 6 of the Agreement 
shall he fixée at a flat-rate of 6,900,000 ECU for the curation of the 
Protocol, payable in three equal annual instalments. 
^> 
Article 3 
The Community shall also pay, curing the perioo referred to in Article 1, a 
contribution of 2,700,000 ECU towaros 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 islanos, particularly 
in respect of highly migratory species, and the purchase or maintenance or 
both, as Seychelles may think fit, of equipment to improve the 
aoministrative structure relatinq to fisheries in Seychelles. 
Article A 
The two Parties hereby aqree that an essential condition for the success of 
their cooperation is that the skills ana know-how of persons engaoed in sea 
fishing be improvec. To this enc, the Community will assist Seychellois 
nationals in finoing places in establishments in its Member States or States 
with which it has concluded cooperation agreements and will make available 
an amount of 300,000 ECU for stucy or practical training awards with a 
maximum curation of 5 years in the various scientific, technical and 
economic subjects relatinq to fisheries. Of this amount, up to 100,000 ECU 
may he usee, at the renuest of the Seychelles' authorities, to cover the 
cost of attencing international meetings relating to fisheries. 
Article 5 
The Protocol ana Annex I to the Agreement between the European Economic 
Community and the Republic of Seychelles on fishing off Seychelles are 
hereby repealed and replacée by this Protocol ana Annex I. 
Article 6 
-^>. This Protocol ana Annex I shall enter into force on the date of their 
siqnature-
The Protocol and Annex I shall be applicable from 18 January 1990. 
ANNEX I 
Conditions for the pursuit of fishinq activities by Community vessels in 
Seychelles' waters 
1. Licence application and issuing formalities 
The proceeure 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 Fishinq Authority, via the representative of the Commission of 
the European Communities in the Seychelles, an application, mace by the 
shipowner, for each vessel that wishes to fish unoer this Aqreement, at 
least 20 Oays before the oate of commencement of the perioa of valieity 
requestec. The application shall be made on the form provided for that 
purpose by the Seychelles, a specimen of which is annexeo 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, 
ane, in cases of force majeure, will, subject to the payment of the licence 
fee, 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 
grantee by the authorities of Seychelles. 
(d) The licence document must be helo on hoard at all times. 
(e) The authorities of the Seychelles shall communicate before the cate of 
entry into force of the agreement the arrangements for payment of the 
licence fees, ana in particular the details of the bank accounts ana the 
currencies to be usee. 
K±~y,-
2. Validity of licences and payment 
(a) Licences shall be valia for a period of one year-. They are renewable. 
(b) As far as tuna vessels are concernée', the fees shall be set at 20 ECU 
per tonne caught within Seychelles waters. 
Applications for licences for tuna vessels shall be issued following aevance 
payment to Seychelles of a lump sum of 10,000 ECU a year for each tuna 
seiner, equivalent to the fees for 500 tonnes of tuna cauqht within the 
Seychelles' waters per year. A provisional statement of the fees eue for 
the fishing year shall be arawn up by the Commission of the European 
Communities at the end of each calendar year on the basis of the catch 
statements maoe by the shipowners ane forwarded simultaneously to the 
Seychelles authorities ana the Commission of the European Communities. The 
corresponding amount shall be paie by the shipowners to the Seychelles' 
Treasury no later than 31 March of the followinq year. The final statement 
of the fees cue in respect of a fishing year shall be drawn up by the 
Commission of the European Communities, takinq into account available 
scientific opinion, particularly of FAO, ORSTOM and the Spanish Institute of 
Oceanography (IE0) experts estahlishec in the Seychelles, ane any 
statistical eata which can be gatherec by an international fishing 
ornanisation in the Inaian Ocean. 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 eoes not equal the aevance pavment, the 
corresponcing outstaneing sum shall not be recoverable by the shipowner. 
(c) As far as vessels other than tuna vessels are concerned, the fees shall 
be fixed in relation to the GRT of the vessel. 
3. Observers 
Tuna vessels shall, at the request of the Seychelles1 authorities, take on 
boara an observer cesignatee by the saic authorities in order to check 
catches maoe in Seychelles' waters. 
-^ 
Vv.: 
^> Observers shall have all facilities necessary for the performance of these 
cuties, including access to places and documents. An observer must not be 
present for longer than the time reguirec to fulfil his cuties. Observers 
shall be provided with suitable food and accommodation while on boarc. 
Shoulo a tuna boat with a Seychellois ohserver on boare leave Seychelles' 
waters, every steo will be taken to ensure that the observer returns to 
Seychelles as soon as possible, at the shipowner's expense. 
4. Employment of fishermen 
Each tuna vessel shall take on board at least two Seychellois fishermen 
designated by the Seychelles' authorities, in agreement with the shipowners, 
curing its fishing campaign. The employment contracts of the fishermen 
shall be drawn up in Victoria between the shipowner's representatives ane 
the fishermen in agreement with the Seychelles Fishing Authority. This 
contract shall cover the social security arrangements applicable to the 
fishermen inducing life, accioent ane sickness insurance. 
5. Landing 
Tuna vessels landing in the port of Victoria will endeavour to make their 
by-catches available to the Seychellois authorities at the local market 
prices. Moreover, Community tuna vessels shall participate in securinq the 
need of the Seychellois tuna canninq incustry as provided uneer the 
agreement between Community shipowners ana the Government of Seychelles. 
The amount paid under any aareement between the Community shipowners and the 
Government of Seychelles must be oaic in convertible currency. The 
Drogramme of laneings shall be determined in common agreement between the 
Community shipowners ane the Seychelles Fishing Authority. In case of 
laneings or transhipments, the shipowners will deliver to the Seychelles 
Fishing Authority fish they eo not retain on board. 
6. Radio communications 
While they are engagea 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. y 
7* Fishing zone 
To avoid any adverse effect on small-scale fisheries in Seychelles' waters 
fishing by Community tuna vessels shall not be authorizee in the zones 
cefinee in Annex III, nor within three miles aroune any fish-agqreqating 
eevice placée by the Seychelles authorities, the geographical positions of 
which have been communicatee to the shipowners representative or aqent. 
8. Port equipment ane use of supplies ane services 
Community vessels shall endeavour to procure in Seychelles all supplies and 
services required for their operations. The Seychelles' authorities will 
lay eown, in agreement with the shipowners, the coneitions for using port 
eguipment and, if necessary, supplies ana services. 
9. Catch Statements 
Community vessels shall be required to complete a fishinq loq book for each 
fishinq perioe 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 eue by any Community vessel under this Agreement may 
be pénalisée by suspension, revocation or non-renewal of the vessel's 
fishinq licence. Suspension or revocation of a fishing licence shall be 
reqareee as force majeure for the purposes of point 1(b) of this Annex. 
Before any licence is suspenaed or revokee, the Commission of the European 
Communities will be fully informée of all the relevant facts. 
AGREEMENT 
in the form of an exchange of letters concerninq the provisional 
application of the Piotocol eefining for the period from J8 January 1990 to 
17 January 1993, the fishing opportunities and the financial contribution 
provicec for by the Aareement between the European Economic Community and 
the Republic of Seychelles on fishing off Seychelles. 
A. Letter from the Republic of Seychelles 
Sir, 
With reference to the craft Piotocol, initiall.ee in Victoria on 
November 1989, establishing the fishing opportunities and the financial 
contribution for the perioc from 18 January 1990 to 17 January 1993, I have 
the honour to inform you that the Republic of Seychelles is reacy to apply 
this Protocol on a provisional basis, with effect from 18 January 1990, 
pencing its entry into force in accordance with Article 6 of the Protocol, 
provicec that the European Economic Community is prepared to eo the same. 
This is on the understanding that a first instalment equal to one third of 
the financial compensation spécifiée in Article 2 of the Piotocol is to be 
paid by 30 April 1990. 
I shouJe he obliqee if you would confirm the European Economic Community's 
aqreement to such provisional application. 
Please accept. Sir, the assuiance of my highest consideration. 
For the Republic of Seychelles 
v-\> 
L. B. Letter from the European Economic Community 
Sir, 
I am in receipt of your letter of today's date, which reaes as follows : 
"With reference to the draft Protocol, initialled in Victoria on 
November 1989 , establishing the fishing opportunities ane the financial 
contribution for the oerioe from 18 January 1990 to 17 January 1993, 
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 
1990, peneinq its entry into force in accoreance with Article 6 of the 
Protocol, creviced that the European Economic Community is prepared to do 
the same. 
This is on the une'erstandinq that a first instalment equal to one third of 
the financial compensation spécifiée in the Article 2 of the Piotocol is to 
be paid bv 30 April 1^90. 
I shoulc he obligee if you wuulo confirm the European Economic Community's 
agreement to such provisional application." 
I have the honour to confirm the European Economic Community's aqreement to 
this provisional application of the Protocol. 
Please accept, Sir, the assurance of my highest consideration. 
For the European 
Economic Communitv 
v A 

COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT 
The object of this measure Is to obtain fishing possibilities for 
Community fishermen. It will Involve undertakings in certain 
obligations (e.g. the payment of licence fees) but these will be 
clearly outweighed by the benefit of Increased employment which will 
result. 
> 
ISSN 0254-1475 
COM(90) 88 final 
DOCUMENTS 
EN 04 il 
Catalogue number : CB-CO-90-113-EN-C 
ISBN 92-77-58405-X 
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