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
Date: 1990-03-14
Institutions: European Commission
Subjects: Seychelles, deep-sea fishing, fishing agreement, protocol to an agreement

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 

The  President  of  the  Council  is  hereby  authorized  to  designate  the 
persons  empowered  to  sign  the  Protocol  in order  to  bind  the  Community. 

Article  2 

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 
applicable  in all  Member  States. 

in  its  entirety  and  directly 

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 t i de  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. 

-^ 

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 

Vv.: 

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-\> 

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 

L. 
v 

A 

COMPETITIVENESS AND  EMPLOYMENT  IMPACT  STATEMENT 

The  object  of  this  measure  Is  to  obtain  fishing  possibilities  for 
Community 
certain 
obligations  (e.g.  the  payment  of  licence  fees)  but  these  will  be 
clearly  outweighed  by  the  benefit  of  Increased  employment  which  will 
result. 

Involve  undertakings 

fishermen.  It  will 

in 

> 

ISSN 0254-1475 

COM(90) 88 final 

DOCUMENTS 

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04  il 

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