Proposal for a Council Regulation on the conclusion of the Protocol defining, for the period from 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
Date: 2002-02-04
Institutions: European Commission
Subjects: Seychelles, financial compensation of an agreement, fishing agreement, fishing regulations, protocol to an agreement

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Proposal for a Council Regulation on the conclusion of the Protocol defining, for the period from
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

(2002/C 126 E/13)

COM(2002) 55 final — 2002/0036(CNS)

(Submitted by the Commission on 4 February 2002)

THE COUNCIL OF THE EUROPEAN UNION,

(a) Tuna seiners:

Having regard to the Treaty establishing the European
Community, and in particular Article 37 in conjunction with
Article 300(2) and the first subparagraph of Article 300(3)
thereof,

Spain: 18 vessels

France: 20 vessels

Having regard to the proposal from the Commission,

Italy: 1 vessel

Having regard to the opinion of the European Parliament,

Whereas:

(1) 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 (1), the two Parties held negotiations with a view to
determining amendments to be made to that Agreement at
the Protocol
the period of application of
the end of
attached to the said Agreement;

(2) As a result of these 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 abovementioned Agreement was
initialled on 28 September 2001;

(3) It is in the Community's interest to approve that Protocol;

(4) The allocation of fishing possibilities among the Member
States should be determined on the basis of the traditional
allocation of
fisheries
fishing possibilities under
agreement,

the

HAS ADOPTED THIS REGULATION:

United Kingdom: 1 vessel

(b) Surface longliners:

Spain: 15 vessels

France: 5 vessels

Portugal: 7 vessels

If
licence applications from these Member States do not
exhaust the fishing possibilities provided for in the Protocol
licence
the Commission may
applications from any other Member State.

consideration

take

into

Article 3

this
The Member States whose vessels are fishing under
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 (2).

Article 1

Article 4

The Protocol defining, for the period from 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
European Community.

The text of the Protocol is attached to this Regulation.

Article 2

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

Article 5

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Communities.

The fishing possibilities provided for
allocated among the Member States as follows:

in the Protocol are

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

(1) OJ L 119, 7.5.1987, p. 26.

(2) OJ L 73, 15.3.2001, p. 8

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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

PROTOCOL

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

year, out of which Seychelles

The financial contribution (contrepartie financière) referred to
in Article 6 of the Agreement shall be fixed at EUR 3 460 000
to allocate
per
EUR 1 160 000 per year
the matters
specified in Article 3. The balance (EUR 2 300 000), here-
inafter referred to as financial compensation, shall be paid
into an account belonging to the Government of Seychelles
notified by the Central Bank of Seychelles.

agrees
for the purpose of

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
contribution
proportionately.

financial

increase

the

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
amount of
to the
provided
EUR 3 480 000, broken down as follows:

in Article 2,

total

for

(a) EUR 1 230 000 for the development of local fisheries;

(b) EUR 1 000 000 for the setting up and development of a
including

monitoring control and surveillance system,
appropriate technical assistance;

(c) EUR 950 000 for

scientific and technical programmes

aiming at greater knowledge of fish stocks;

(d) EUR 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
responsible for the management of these programmes.

Fishing Authority,

Seychelles

the

authority

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

in Seychelles waters,

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

the financial contribution, provided that

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 accom-
plishment of the respective appropriate adoption procedures

They are applicable from 18 January 2002.

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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 authorised 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 EUR 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
EUR 10 000 for tuna seiners, EUR 2 000 for surface long-liners of more than 150 GRT and EUR 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.

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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 abovementioned 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 abovementioned 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.

facilities necessary for the performance of these duties,

Observers shall have all
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,
without discrimination, under the conditions to be agreed by the Parties.

inter alia, by vessel monitoring systems,

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.

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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 inter-
national 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
in agreement with the ship-owners, the conditions for using port
equipment and, if necessary, supplies and services.

lay down,

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.

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APPLICATION FORM FOR A FOREIGN FISHING VESSEL LICENCE

Appendix 1

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2

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A

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Appendix 3

STATEMENT OF CATCH FOR SURFACE LONG-LINERS

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