Proposal for a Council Regulation on the conclusion of the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, 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: 2005-09-13
Institutions: European Commission
Subjects: Seychelles, agreement (EU), deep-sea fishing, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.9.2005 
COM(2005) 421 final 

2005/0173 (CNS) 

. 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Protocol setting out, for the period from 18 January 2005 
to 17 January 2011, 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) 

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EXPLANATORY MEMORANDUM 

The  Protocol  annexed  to  the  fisheries  Agreement  between  the  European  Community  and 
Seychelles  expires  on  17  January  2005.  A  new  Protocol  was  initialled  by  the  two  parties 
on  23  September  2004  establishing  the  technical  and  financial  conditions  under  which 
Community  fishing  vessels  can  fish  in  Seychelles  waters  for  the  period  18  January  2005  to 
17 January 2011. 

The new Protocol grants fishing possibilities for 40 tuna seiners and 12 surface longliners. 

The  financial  compensation  is  fixed  at  4,125,000 €  per  year  and  covers  a  catch  weight  in  the 
waters  of  Seychelles  of  55,000  tons  of  catches  per  year.  Part  of  the  financial  compensation 
equivalent to 1,485,000 Euro per year (36% of financial compensation) shall be earmarked to 
enhancing and implementing a sectoral fisheries policy in Seychelles with a view to promote 
responsible fishing and sustainable fisheries in its waters. 

The new Protocol is in line with the partnership approach in the fisheries sector, as defined by the 
Council  in  its  recent  conclusions  on  a  Communication  from  the  Commission  on  an  integrated 
framework for Fisheries Partnership Agreements with third countries1. 

According to the Protocol, the Commission and Seychelles shall agree on overall objectives to be 
achieved  in  the  area  of  sustainable  fishing  and  on  the  way  to  review  the  performance  of  such 
objectives, through a constant political dialogue. This shall go much beyond the current reporting 
procedures, (submission of annual detailed reports and verification). 

The  Commission  shall,  in  particular,  encourage  the  authorities  of  the  Seychelles  to  adopt  all 
necessary  conservation  and  management  measures,  on  non-discriminatory  basis,  in  order  to 
ensure sustainable exploitation of highly migratory species and to protect the environment in its 
waters. 

Both  Parties  should  exchange  information  on  the  implementation  of  IOTC  recommendations 
against IUU within their jurisdiction (prohibition of landings by vessels not listed on the “white” 
list). 

Finally, both Parties shall seek to identify concrete issues of mutual interest and agree the form in 
which the political dialogue will be undertaken. 

The  Commission  is  accordingly  proposing  that  the  Council  adopt  by  Regulation  the  new 
Protocol (2005/11) to the EC/Seychelles Fishery Agreement. 

A proposal for a Council Decision concerning the provisional application of the new Protocol is 
subject to a separate procedure.  

1 

Document n° 15243/02 PECHE 224, referred to document COM(2002) 637 final. 

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2005/0173 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Protocol setting out, for the period from 18 January 2005 
to 17 January 2011, 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 UNION, 

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, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

Under the Agreement between the European Economic Community and the Republic 
of  Seychelles  on  fishing  off  Seychelles3,  the  two  parties  conducted  negotiations  to 
determine the amendments or additions to be made to the Agreement at the end of the 
period of application of the Protocol thereto. 

As  a  result  of  those  negotiations,  a  new  Protocol  defining  for  the  period  18  January 
2005  to  17  January  2011  the  fishing  opportunities  and  the  financial  contribution 
provided for in that Agreement was initialled on 23 September 2004. 

(3) 

It is in the Community's interest to approve that Protocol. 

(4) 

The  method  of  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 ADOPTED THIS REGULATION: 

2 
3 

OJ C […], […], p. […]. 
OJ L 119, 7.5.1987, p. 26. 

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Article 1 

The  Protocol  defining  for  the  period  18  January  2005  to  17  January  2011  the  tuna  fishing 
opportunities  and  the  financial  contribution  provided  for  in  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. 

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

Article 2 

(a) 

tuna seiners: 

Spain: 

22 vessels 

France: 

17 vessels 

Italy: 

1 vessel 

(b) 

surface longliners: 

Spain: 

2 vessels 

France: 

5 vessels 

Portugal: 

5 vessels 

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

Article 3 

Member States whose vessels fish under this Protocol are obliged to notify the Commission of 
the  quantities  of  each  stock  taken  in  the  Seychelles  fishing  zone  in  accordance  with  the 
arrangements laid down in Commission Regulation (EC) No 500/2001 of 14 March 20014. 

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

Article 4 

4 

OJ L 73, 15.3.2001, p. 8.  

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

Article 5 

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

Done at Brussels, 

For the Council 
The President 

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PROTOCOL 

Protocol setting out, for the period from 18 January 2005 to 17 January 2011, 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 

Article 1 
Period of application and fishing opportunities 

For  a  period  of  6  years  from  18  January  2005  to  17  January  2011,  the  fishing 
opportunities granted under Article 2 of the Agreement shall be as follows: 

(a) 

40 ocean-going tuna seiners, and 

(b)  12 surface longliners. 

Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol. 

Under Article 4 of the Agreement, vessels flying the flag of a Member State of the 
European Community may engage in fishing activities in the Seychelles waters only 
if they are in possession of a fishing licence issued under this Protocol in accordance 
with the Annex hereto. 

Article 2 
Financial contribution - Methods of payment 

For the period referred to in Article 1, the financial contribution referred to in Article 
6 of the Agreement shall be EUR 24 750 000.  

Paragraph 1 shall apply subject to Articles 4, 6 and 8 of this Protocol. 

The Community shall pay the financial contribution referred to in paragraph 1 at the 
rate of EUR 4 125 000 per year during the period of application of this Protocol. 

If  the  total  quantity  of  tuna  catches  per  year  by  Community  vessels  in  Seychelles’ 
waters  exceeds  55 000  tonnes,  the  total  annual  financial  contribution  shall  be 
increased by EUR 75 per additional tonne of tuna caught. However, the total annual 
amount to be paid by the Community cannot exceed EUR 8 250 000.  

Payment shall be made no later than 30 September 2005 for the first year and no later 
than the anniversary date of the Protocol for the following years. 

Subject to Article 6 herewith, Seychelles shall have full discretion regarding the use 
to which this financial contribution is put. 

The  financial  contribution  shall  be  paid  into  no  more  than  two  Public  Treasury 
accounts opened with the Seychelles Central Bank. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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Article 3 
 Cooperation on responsible fishing 

The two parties hereby undertake to promote responsible fishing in Seychelles waters 
based  on  the  principle  of  non-discrimination  between  the  different  fleets  fishing  in 
those waters. 

Based on the recommendations and resolutions taken within the Indian Ocean Tuna 
Commission (IOTC) and the best available scientific advice and, where appropriate 
after  a  joint  meeting  of  scientist,  the  two parties  may  consult  each  other  within  the 
Joint  Committee  provided  for  in  Article  7  of  the  Agreement  and,  where  necessary, 
and agree the measures to ensure the sustainable management of fisheries resources. 

Article 4 
 Review of fishing opportunities 

The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual 
agreement insofar as the conclusions of the joint meeting of scientists referred to in 
Article  3(2)  confirm  that  such  an  increase  will  not  endanger  the  sustainable 
management of Seychelles’ resources. In this case the financial contribution referred 
to in Article 2(1) shall be increased proportionately and pro rata temporis. However, 
the total amount of the financial contribution paid by the European Community shall 
not  be  more  than  twice  the  amount  indicated  in  Article  2(1).  In  the  event  that  the 
quantities  caught  by  Community  fishing  vessels  exceed  the  quantity  which 
correspond to the total amount of financial contribution, the Parties shall consult each 
other as soon as possible in order to establish the amount due for the quantity caught 
in excess of this limit. 

Conversely,  if  the  parties  agree  to  reduce  the  fishing  opportunities  provided  for  in 
Article  1,  the  financial  contribution  shall  be  reduced  proportionally  and  pro  rata 
temporis. 

The allocation of the fishing opportunities among different categories of vessels may 
also  be  reviewed  by  mutual  agreement  between  the  parties,  provided  that  any 
changes  comply  with  any  recommendations  or  resolutions  adopted  by  the  IOTC 
regarding the management of stocks liable to be affected by such redistribution. The 
parties  shall  agree  on  the  corresponding  adjustment  of  the  financial  contribution 
where the redistribution of fishing opportunities so warrants. 

Article 5 
New fishing opportunities 

In the event that Community fishing vessels become interested engaging in fisheries 
not provided for in Article 1, the Parties shall consult each other before authorisation 
is granted for any such activities and, where appropriate, agree to the conditions for 
such fishing including effecting corresponding amendments to this Protocol and the 
Annex thereto.  

The parties should encourage experimental fishing, specially relating to deep water 
species,  present  in  Seychelles  waters.  To  this  end  and  on  the  request  of  one  party, 

1. 

2. 

1. 

2. 

3. 

1. 

2. 

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they  shall  consult  each  other  and  determine  on  a  case  by  case  basis,  the  species, 
conditions and other parameters that are relevant. 

The  parties  shall  carry  out  experimental  fishing  in  accordance  with  parameters  that 
will  be  agreed  by  both  parties  in  an  administrative  arrangement  where  appropriate. 
The authorisations for experimental fishing should be agreed for a maximum period 
of 6 months. 

In  the  event  that  the  parties  consider  that  experimental  campaigns  have  given 
positive  results,  the  Government  of  Seychelles  may  allocate  fishing  possibilities  of 
the new species to the community fleet until the expiration of the present protocol. 
The  financial  compensation  mentioned  in  article  2.1  of  the  current  protocol  shall 
consequently be increased. 

Article 6 
Suspension and review of the payment of the financial contribution 

Where  as  a  result  of  circumstances  solely  attributable  to  the  fault  or  negligence  of 
Seychelles fishing activities in Seychelles waters cannot be carried out in Seychelles 
waters, the European Community may, after prior consultation with the Seychelles, 
suspend payment of the financial contribution provided that the Community has paid 
in full any amounts due at the time of 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 7 
Promoting responsible fishing and sustainable fisheries in Seychelles waters 

A share of at least 36 % of the financial contribution referred to in Article 2(1) shall 
be  put  towards  defining  and  implementing  a  sectoral  fisheries  policy  in  Seychelles 
with  a  view  to  promote  responsible  fishing  and  sustainable  fisheries  in  its  waters. 
This  contribution  shall  be  managed  in  the  light  of  objectives  identified  by  mutual 
agreement between the two parties, and the annual and multiannual programming to 
attain them.  

For  the  purposes  of  paragraph  1,  as  soon  as  this  Protocol  enters  into  force  and  no 
later  than  three  months  after  that  date,  the  Community  and  Seychelles  shall  agree, 
within  the  Joint  Committee  provided  for  in  Article  7  of  the  Agreement,  on  a 
multiannual  sectoral  programme  and  detailed  implementing  rules  covering,  in 
particular: 

(a) 

(b) 

annual  and  multiannual  guidelines  for  using  the  percentage  of  the  financial 
contribution referred to in paragraph 1;  

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
introducing,  over  time,  responsible  fishing  and  sustainable  fisheries,  taking 
account of the priorities expressed by Seychelles in its national fisheries policy 

1. 

2. 

1. 

2. 

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3. 

4. 

5. 

1. 

2. 

3. 

4. 

and  other  policies  relating  to  or  having  an  impact  on  the  promotion  of 
responsible fishing and sustainable fisheries; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

Any proposed amendments to the multiannual sectoral programme must be approved 
by both parties within the Joint Committee. 

Each  year,  Seychelles  shall  allocate  the  percentage  of  the  financial  contribution 
referred to in paragraph 1 with a view to implementing the multiannual programme. 
For the first year of application of the Protocol, that allocation must be notified to the 
Community at the time when the multiannual sectoral programme is approved within 
the Joint Committee. For each year thereafter, Seychelles shall notify the Community 
of the allocation no later than 1st December of the previous year. 

Where the annual evaluation of the progress made in implementing the multiannual 
sectoral  programme  so  warrants,  the  European  Community  may  ask  with  the 
approval of the Joint Committee for the financial contribution referred to in Article 
2(1)  of  this  Protocol  to  be  modified  with  a  view  to  bringing  the  actual  amount  of 
financial  resources  allocated  to  implementation  of  the  programme  into  line  with  its 
results. 

Article 8 
 Disputes - suspension of application of the Protocol 

Any  dispute  between  the  parties  over  the  interpretation  of  this  Protocol  or  its 
application shall be the subject of consultations between the parties within the Joint 
Committee  provided  for  in  Article  7  of  the  Agreement,  in  a  special  meeting  if 
necessary. 

Without prejudice to Article 9, application of the Protocol may be suspended at the 
initiative of one party if the dispute between the parties is deemed to be serious and if 
the  consultations  held  within  the  Joint  Committee  under  paragraph  1  have  not 
resulted in an amicable settlement. 

Suspension of application of the Protocol shall require the interested party to notify 
its intention in writing at least three months before the date on which suspension is 
due to take effect. 

In the event of suspension, the parties shall continue to consult with a view to finding 
an amicable settlement to their dispute. Where such settlement is reached, application 
of  the  Protocol  shall  resume  and  the  amount  of  the  financial  contribution  shall  be 
reduced proportionately and pro rata temporis according to the period during which 
application of the Protocol was suspended. 

Article 9 
Suspension of application of the Protocol on grounds of non-payment 

Subject to Article 3, if the European Community fails to make the payments provided for in 
Article 2, Seychelles may suspend the implementation of this Protocol.  

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Article 10 
National law 

The activities of Community fishing vessels in Seychelles are subject to the national laws and 
regulations unless otherwise provided under this Protocol and the Annex thereto. 

Article 11 
Revision clause 

Following the third anniversary of this Protocol and the Annex thereto, the Parties will review 
the application of the Protocol and the Annex thereto and, where appropriate, consult on any 
amendments  of  their  provisions.  Any  such  amendments  may  include  the  reference  tonnage 
and the standard amounts paid for licences and the ratio between the amount per tonne set out 
in Article 2 (4) and the amount indicated in section 2 (2) of the Annex to this Protocol. 

Article 12 
Repeal 

The Protocol and Annex I, dated 17 January 2002, 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,  is  hereby  repealed  and  replaced  by  this  Protocol  and  the 
Annex thereto. 

Article 13 
Entry into force 

1. 

2. 

This Protocol with its Annex shall enter into force on the date on which the parties 
notify each other of the completion of the procedures necessary for that purpose.  

It shall apply with effect from 18 January 2005. 

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ANNEX  

CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY 
VESSELS IN SEYCHELLES’ WATERS 

CHAPTER I - APPLICATION FOR AND ISSUE OF LICENCES 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Section 1 
 Issue of licences 

Only eligible Community vessels may obtain a licence to fish in Seychelles waters 
under  the  Protocol  setting  out,  for  the  period  from  18  January  2005  to  17  January 
2011,  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 

For a Community vessel to be eligible, neither the owner, the master nor the vessel 
itself must be prohibited from fishing in Seychelles. They must be in order with the 
authorities of the Seychelles insofar as they must have fulfilled all prior obligations 
arising  from  their  fishing  activities  in  Seychelles  under  fisheries  agreements 
concluded with the Community. 

All  Community  vessels  applying  for  a  fishing  licence  shall  be  represented  by  an 
agent resident in Seychelles. The name and address of that agent shall be stated in the 
licence application. 

The relevant Community authorities shall present to the SFA an application for each 
vessel  wishing  to  fish  under  the  Agreement  at  least  20  days  before  the  date  of 
commencement  of  the  period  of  validity  requested.  However,  vessel-owners  who 
have  not  submitted  a  licence  application  prior  to  the  period  of  validity  may  do  so, 
during  the  period  of  validity,  no  later  than  20  days  before  the  start  of  the  fishing 
activities. In such cases, vessel owners shall pay the entire fees due for the full year. 

Applications shall be submitted to the competent authority of Seychelles on a form 
drawn up in accordance with the specimen in Appendix 1. 

All licence applications shall be accompanied by the following documents: 

–  proof of payment of the fee for the period of validity of the licence; 

–  any other documents or certificates required under the specific rules applicable to 

the type of vessel concerned pursuant to this Protocol. 

The fee shall be paid into the account specified by the authorities of Seychelles.  

Fees  shall  include  all  national  and  local  charges  except  for  port  taxes  and  service 
charges. 

Licences for all vessels shall be issued to shipowners or their agents within 15 days 
of receipt  of all  the  documents referred to in point 6 by the competent  authority of 
Seychelles. 

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10. 

11. 

12. 

13. 

A  copy  shall  be  sent  to  the  Delegation  of  the  Commission  responsible  for  the 
Seychelles. 

Licences shall be issued for a specific vessel and shall not be transferable. 

However,  at  the  request  of  the  European  Community  and  where  force  majeure  is 
proven, a vessel’s licence shall be replaced, for the remaining period of its validity, 
by  a  new  licence  for  another  vessel  whose  features  are  similar  to  those  of  the  first 
vessel,  with  no  further  fee  due.  However,  if  the  gross  registered  tonnage  (GRT)  of 
the replacement vessel is above that of the vessel to be replaced, the difference in fee 
shall be paid pro rata temporis. 

The  owner  of the first vessel,  or the agent, shall return the  cancelled licence to the 
competent  authority  of  Seychelles  via  the  European  Commission  Delegation 
responsible for the Seychelles. 

The  new  licence  shall  take  effect  on  the  day  that  the  vessel’s  owner  returns  the 
cancelled  licence  to  the  competent  authority  of  Seychelles.  The  European 
Commission  Delegation  responsible  for  the  Seychelles  shall  be  informed  of  the 
licence transfer. 

14. 

The  licence  must  be  kept  on  board  at  all  times,  without  prejudice  to  point  2  of 
Chapter IX of this Annex. 

1. 

2. 

3. 

4. 

5. 

Section 2 
Licence conditions – fees and advance payments 

Licences shall be valid for one year and are renewable. 

The fee shall be EUR 25 per tonne caught within Seychelles waters. 

Licences shall be issued once the following standard amounts have been paid to the 
competent national authorities: 

–  EUR 15 000 for tuna seiners, equivalent to the fees due for <600> tonnes of tuna 

and tuna-like species caught within Seychelles waters per year; 

–  EUR  3 000  for  surface  longliners  of  more  than  150 GRT,  equivalent  to  the  fees 
due for 120 tonnes of tuna and tuna-like species caught within Seychelles waters 
per year; 

–  EUR  2250  for  surface  longliners  of  150 GRT  or  less,  equivalent  to  the  fees  due 
for  90  tonnes  of  tuna  and  tuna-like  species  caught  within  Seychelles  waters  per 
year. 

The  SFA  shall  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 the SFA. 

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

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6. 

7. 

8. 

9. 

Where the  shipowners 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 31 May of the current year. In the absence of observations by the 
shipowners at that date, the statement submitted by the SFA is considered as the final 
one. 

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

Shipowners  shall  make  any  additional  payment  to  the  Seychelles  competent 
authorities at the latest by 30 June of the same year at a bank account designated by 
the authorities of the Seychelles in accordance with Art. 2 (6) of the Protocol. 

Where the final statement is less than the advance payment referred to in paragraph 
3, the balance shall not be recoverable by the shipowner. 

CHAPTER II - 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 legislation nor 
within  three  miles  around  any  fish-aggregating  device  placed  by  Seychelles  authorities,  the 
geographical positions which have been communicated to the shipowners’ representatives or 
agents. 

CHAPTER III – CATCH REPORTING ARRANGEMENTS 

1. 

For the purposes of this Annex, the duration of a trip by a Community vessel shall be 
defined as follows: 

–  either the period elapsing between entering and leaving Seychelles waters; 

–  or the period elapsing between entering Seychelles waters and a transhipment; 

–  or  the  period  elapsing  between  entering  Seychelles  waters  and  a  landing  in 

Seychelles. 

2. 

2.1 

2.2 

All  vessels  authorised  to  fish  in  Seychelles  waters  under  the  Agreement  shall  be 
obliged to communicate their catches to the competent authority of Seychelles in the 
following manner: 

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. 

As  far  as  the  submission  of  the  fishing  forms  referred  to  in  points  2.1  and  2.3  is 
concerned, the Community vessels shall: 

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–  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 section 2.6 

The  words  “Outside  Seychelles  waters”  shall  be  entered  in  the  abovementioned 
logbook in respect of periods during which the vessel is not in Seychelles waters. 

The  forms  shall  be  filled  in  legibly  and  signed  by  the  master  of  the  vessel  or  his 
representative. 

Where the provisions set out in this Chapter are not complied with, the Government 
of Seychelles reserves the right to suspend the licence of the offending vessel until 
formalities  have  been  completed  and  to  apply  the  penalty  laid  down  in  existing 
Seychelles  legislation.  The  flag  Member  State  and  the  European  Commission  shall 
be informed thereof. 

CHAPTER IV – EMBARKING SEAMEN 

Each tuna seiner shall take on board during its trip in Seychelles’ waters at least two 
Seychelles  seamen  designated  by  the  agent  of  the  vessel,  in  agreement  with  the 
shipowner,  from  the  names  on  a  list  submitted  by  the  competent  authority  of 
Seychelles. 

Shipowners shall endeavour to take on board additional Seychelles seamen. 

The  shipowner  or  agent  shall  inform  the  competent  authority  of  Seychelles  of  the 
names and particulars of the Seychelles seamen taken on board the vessel concerned, 
mentioning their position in the crew. 

The International Labour Organisation’s Declaration on Fundamental Principles and 
Rights  at  Work  shall  apply  as  of  right  to  seamen  signed  on  by  EU  vessels.  This 
concerns in particular the freedom of association and the effective recognition of the 
right  to  collective  bargaining,  and  the  elimination  of  discrimination  in  respect  of 
employment and occupation. 

Seychelles  seamen’s  employment  contracts,  a  copy  of  which  shall  be  given  to  the 
signatories,  shall  be  drawn  up  between  the  shipowners’  agent(s)  and  the  seamen 
and/or  their  trade  unions  or  representatives  in  consultation  with  the  competent 
authorities  of  Seychelles.  These  contracts  shall  guarantee  the  seamen  the  social 
security cover applicable to them, including life assurance and sickness and accident 
insurance and the pension benefits applicable to them.  

Seychelles  seamen’s  wages  shall  be  paid  by  the  ship-owners.  They  shall  be  fixed, 
before  licences  are  issued,  by  mutual  agreement  between  the  ship-owners  or  their 
agents  and  the  competent  authorities  of  Seychelles.  However,  the  wage  conditions 
granted  to  Seychelles  seamen  shall  not  be  lower  than  those  applied  to  Seychelles 

2.3 

2.4 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

EN 

14 

   EN 

 
7. 

8. 

9. 

crews  performing  similar  duties  and  shall  under  no  circumstances  be  below  ILO 
standards. 

For  the  purposes  of  the  enforcement  and  application  of  the  law  of  employment  the 
ship-owner  agent  shall  be  considered  as  the  local  representative  of  the  ship-owner. 
The  contract  concluded  between  the  agent  and  the  seamen  shall  include  also  the 
conditions for repatriation and the pension benefit applicable to them. 

All  seamen  employed  aboard  Community  vessels  shall  report  to  the  master  of  the 
vessel  designated  on  the  day  before  their  proposed  embarkation  date.  Where  a 
seaman fails to report at the date and time agreed for embarkation, ship-owners shall 
be automatically absolved of their obligation to take the seaman on board. 

Where no Seychelles seamen are taken on board for reasons other than that referred 
to  in  the  previous  point,  shipowners  shall  be  obliged  to  pay  a  flat-rate  amount 
equivalent  to  a  figure  based  on  the  number  of  days  that  the  vessel  operated  in 
Seychelles’ waters multiplied by the amount per day which is fixed at $ 20. The flat 
rate amount shall be paid to the Seychelles authorities at the latest by the date set out 
in section 2 (8) of chapter I. 

10. 

That sum shall be used for the training of seamen/fishermen in Seychelles and shall 
be paid into an account specified by the authorities of Seychelles. 

CHAPTER V – TECHNICAL MEASURES 

Vessels shall comply with the measures and recommendations adopted by Indian Ocean Tuna 
Commission  as  well  as  the  applicable  national  measures  regarding  fishing  gear  and  the 
technical  specifications  thereof  and  all  other  technical  measures  applicable  to  their  fishing 
activities. 

CHAPTER VI - OBSERVERS 

1. 

1.1 

1.2 

1.3 

2. 

Vessels  authorised  to  fish  in  Seychelles  waters  under  the  Agreement  shall  take  on 
board observers appointed by Seychelles on the terms set out below. 

Community fishing vessels shall, at the request of the Seychelles authorities, take on 
board one observer, and when the authorities of Seychelles think it appropriate and 
necessary, two observers, designated by the said authorities. 

The competent authority of Seychelles shall draw  up a list of vessels designated to 
take an observer on board and a list of the appointed observers. These lists shall be 
kept  up  to  date.  They  shall  be  forwarded  to  the  European  Commission  as  soon  as 
they  have  been  drawn  up  and  every  three  months  thereafter  where  they  have  been 
updated. 

The  competent  authority  of  Seychelles  shall  inform  the  shipowners  concerned,  or 
their agents, of the name of the observer appointed to be taken on board their vessel 
or no later than 15 days before the observer’s planned embarkation date. 

The  time  spent  on  board  by  observers  shall  be  fixed  by  the  competent  authority  of 
Seychelles but, as a general rule, it should not exceed the time required to carry out 
their  duties.  The  competent  authority  shall  inform  the  shipowners  or  their  agents 

EN 

15 

   EN 

 
3. 

4. 

5. 

6. 

7. 

8. 

8.1 

8.2 

8.3 

8.4 

8.5 

8.6 

8.7 

9. 

10. 

thereof  when  notifying  them  of  the  name  of  the  observer  appointed  to  be  taken  on 
board the vessel concerned. 

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between 
shipowners or their agents and the authorities of Seychelles.  

Observers  shall  be  taken  on  board  in  a  manner  chosen  by  the  shipowner,  after 
notification of the list of designated ships.  

Within two weeks and giving ten days’ notice, the shipowners concerned shall make 
known at which port of Seychelles and on what dates they intend to take observers 
on board. 

Where observers are taken on board in a foreign port, their travel costs shall be borne 
by the shipowner. Should a vessel with an observer from Seychelles on board leave 
Seychelles  waters,  all  measures  must  be  taken  to  ensure  the  observer’s  return  to 
Seychelles as soon as possible at the expense of the shipowner. 

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

Observers shall be treated as officers. They shall carry out the following tasks: 

observe the fishing activities of the vessels; 

verify the position of vessels engaged in fishing operations; 

perform biological sampling in the context of scientific programmes; 

note the fishing gear used; 

verify the catch data for Seychelles waters recorded in the logbook; 

verify the percentages of by-catches and estimate the quantity of discards; 

report fishing data once a week by fax or e-mail or other means of communication, 
including the quantity of catches and by-catches on board taken in Seychelles waters. 

Masters  of  vessels  shall  do  everything  in  their  power  to  ensure  the  physical  safety 
and welfare of observers during performance of their duties. 

Similarly, as far as possible, they shall be offered every facility needed to carry out 
their  duties.  The  master  shall  give  them  access  to  the  means  of  communication 
needed  for  the  discharge  of  their  duties,  to  documents  directly  concerned  with  the 
vessel’s fishing activities, including in particular the logbook and the navigation log, 
and  to  those  parts  of  the  vessel  necessary  to  facilitate  the  exercise  of  their  tasks  as 
observer. 

11. 

While on board, observers shall: 

EN 

16 

   EN 

 
11.1 

11.2 

12. 

13. 

14. 

take all appropriate steps to ensure that the conditions of their boarding and presence 
on the vessel neither interrupt nor hamper fishing operations, 

respect the material and equipment on board and the confidentiality of all documents 
belonging to the vessel.  

At  the  end  of  the  observation  period  and  before  leaving  the  vessel,  observers  shall 
draw  up  an  activity  report  to  be  transmitted  to  the  competent  authorities  of 
Seychelles, with a copy to the European Commission, which shall be signed by the 
observer.  A  copy  of  the  report  shall  be  handed  to  the  master  when  the  observer 
leaves the vessel. 

Shipowners shall bear the cost of accommodating observers in the same conditions 
as the officers on the vessel. 

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

CHAPTER VII – LANDING 

Tuna seiners landing in the port of Victoria will endeavour to make their by-catches available 
to  the  authorities  of  Seychelles  at  the  local market  price.  Furthermore,  the  Community  tuna 
seiners  shall  participate  in  supplying  tuna  to  the  Seychelles  cannery  at  international  market 
price. 

CHAPTER VIII – 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 shall lay down, in agreement with the 
shipowners, the conditions for using port equipment and, if necessary, supplies and services. 

1. 

Vessel list 

CHAPTER IX - MONITORING 

The  European  Community  shall  keep  an  up-to-date  list  of  the  vessels  to  which  a 
fishing licence has been issued under this Protocol. This list shall be notified to the 
authorities of Seychelles responsible for fisheries inspection as soon as it is drawn up 
and each time it is updated.  

2. 

Vessels Monitoring System 

Community  vessels  shall  be  monitored,  inter  alia,  by  vessel  monitoring  systems, 
without discrimination, in accordance with the provisions set out in appendix 4. 

3. 

3.1 

Entering and leaving Seychelles waters 

Community  vessels  shall  notify  the  competent  authorities  of  Seychelles  at  least  (3) 
hours  in  advance  of  their  intention  to  enter  or  leave  Seychelles’  waters  and  every 
three days during their fishing activities in Seychelles waters of their catches during 
this period. 

EN 

17 

   EN 

 
3.2 

3.3 

4. 

4.1 

4.2 

4.3 

5. 

5.1 

5.2 

5.3 

5.4 

5.5 

When  notifying  entry/leaving,  vessels  shall  also  communicate  their  position  at  the 
time of communication and the volume and species in catches kept on board. These 
communications shall be made in the format set out in appendix 5, by fax or e-mail, 
to  the  addresses  provided  therein.  However,  the  competent  authorities  of  the 
Seychelles  may  exempt  surface  long  liners  not  fitted  with  the  appropriate 
communication  equipment  from  this  obligation  by  authorising  communication  by 
radio. 

Community  fishing  vessels  found  to  be  fishing  without  having  informed  the 
competent authorities of Seychelles shall be deemed as vessels without a licence. The 
sanctions referred to in Chapter X, point 1 will be applicable in such cases. 

Control procedures 

Masters  of  Community  fishing  vessels  engaged  in  fishing  activities  in  Seychelles 
waters  shall  cooperate  with  any  Seychelles  official  carrying  out  inspection  and 
control of fishing activities. 

These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 
discharge of their duties. 

Once  an  inspection  has  been  completed,  a  copy  of  the  inspection  report  shall  be 
given to the master of the vessel. 

Transhipment 

All Community vessels wishing to tranship catches in Seychelles waters shall do so 
within Seychelles ports. 

The owners of such vessels must notify the following information to the competent 
authority of Seychelles at least 24 hours in advance: 

–  the names of the transhipping fishing vessels, 

–  the names of the cargo vessels, 

–  the tonnage by species to be transhipped, 

–  the day of transhipment. 

Transhipment shall be considered as an exit from ’Seychelles waters.  Vessels must 
therefore submit their catch declarations to the competent authorities of Seychelles. 

Any  transhipment  of  catches  not  covered  above  shall  be  prohibited  in  Seychelles 
waters. Any person infringing this provision shall be liable to the penalties provided 
for by the Seychelles law. 

Masters of Community fishing vessels engaged in landing or transhipment operations 
in a port of Seychelles shall allow and facilitate the inspection of such operations by 
Seychelles inspectors. Once the inspection has been completed, a certificate shall be 
issued to the master of the vessel. 

EN 

18 

   EN 

 
1. 

Sanctions 

CHAPTER X -ENFORCEMENT 

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. 

The  flag  Member  State  and  the  European  Commission  will  immediately  be  fully 
informed  of  any  suspension  or  revocation  and  of  all  relevant  facts  related  thereto. 
During the period of the suspension of a licence or during the remaining period of the 
validity of a licence which has been revoked, the European Commission may request 
another licence which would have otherwise have been applicable, for a vessel from 
another ship-owner, in accordance with the procedure set out in point 1.11 of chapter 
I.  

2 

Arrest of fishing vessels 

The  Seychelles  authorities  shall  inform  the  Delegation  of  the  Commission 
responsible for the Seychelles 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. 

___  

EN 

19 

   EN 

 
Appendix 1 

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:................................ 

EN 

20 

   EN 

 
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. 

Departure  Port : 
Date : 
Time : 

Arrival  Port : 
Date : 
Time : 

Loch 
Departure: 
Arrival : 

Vessel : 
Skipper : 

Sheet 
N° 

Haul 

Estimated catch 

Indicators 

Comments 

Loch 

Wind 

Current 

Date 

Position 
At time 
of haul, 
otherwise 
at 
midday 

h
c
t
a
c

t
u
o
h
t
i

W

h
c
t
a
c
h
t
i

W

°
N
k
n
a
T

Yellow-
fin 

Skipjack 

Big-eye 

Albacore 

Other 
species 

e
g
a
n
n
o
T

e
z
i
S

e
z
i
S

e
g
a
n
n
o
T

e
z
i
S

e
g
a
n
n
o
T

e
g
a
n
n
o
T

e
z
i
S

e
z
i
S

)
s
(
e
g
a
k
c
e
r

W

e
g
a
n
n
o
T

)
s
(
e
l
a
h
W

s
d
r
i

B

s
k
r
a
h
s
-
e
l
a
h
W

Route or search – 
Discards 
Type of shoal or 
wreckage 
Miscellaneous 
problems 
General weather 
conditions 

t
u
o
k
o
o
l

f
o

d
n
e

r
o
.

m
.
p

6

f
o

t
r
a
t
s

r
o
.

m
.
a

6

t
u
o
k
o
o
l

s
e
l
i

m
n
i
y
t
i
l
i
b
i
s
i
V

°
T
e
c
a
f
r
u
S

a
e
s

f
o
e
t
a
t
S

s
t
o
n
k

n
i

d
e
e
p
S

n
o
i
t
c
e
r
i

D

n
o
i
t
c
e
r
i

D

s
t
o
n
k

n
i

d
e
e
p
S

EN 

21 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix 3  

STATEMENT OF CATCH FOR SURFACE LONGLINERS 

Name of vessel: _______________ 

Skipper's name: ___________________ 

Date of setting: ____/____/____ 

Start of trip: _____/_____/_____/ 

at: _____ 

Trip number: ________ 

Setting number: _____________ 

Wind direction: ________ 

Force: ________(Beaufort) 

Sea conditions: __________ 

Swell: ________ 

Surface temperature: ___º C 

Current: speed: ______  Direction: ________ 

Moon: New moon +____days 

Moon rises: ________ 

Moon sets: ______ 

hours 0 to 24 

Start time: _______ 

Finishing time: _________ 

Setting details  

Section 

Position 

Heading 

Speed 

Remarks 

Depart: radio 
buoy number 1 
Radio buoy 
number 2 
Radio buoy 
number 3 
Radio buoy 
number 4 
Radio buoy 
number 5 
Radio buoy 
number 6 
Radio buoy 
number 7

Number of hooks: ___________  

Length: Buoy lines: 

Branch lines: ____________ 

Length of line: ____________ 

Recorded depth of the line (sounder): ___________ 

Bait: Shrimp: _____________ %  Mackerel: ________ %  _______: ______% 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Details of catch 

Time 

Latitude 

Longitude 

(0 à 24 H) 

Start of turn 

End of turn 

Species 

Number 

Estimated unit weight 

Total 
weight 

Number 
fish eaten 

of 

Swordfish∗ 

Yellowfin** 

Bigeye** 

Marlin** 

Sailfish* 

Seabream 

Shark 

Other 
details) 

(give 

Total weight 

Total weight of catch landed (weighed) 

∗  
**  

VDK. 
With head, gilled. 
State the type of weight used (VAT, VDK, whole) if different from that specified. 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Appendix 4 

PROVISIONS  

ESTABLISHING THE METHOD TO BE USED FOR THE TRANSMISSION OF 
DATA RELATING TO SATELLITE MONITORING OF THE POSITION OF EC 
VESSELS FISHING UNDER THE EC/SEYCHELLES FISHERY AGREEMENT 

As the Republic of Seychelles has introduced a vessel monitoring system (VMS) applicable 
to  all  foreign  vessels  fishing  in  Seychelles  waters,  on  a  non-discriminatory  basis,  and  has 
extended VMS surveillance to its own national fleet of the same category, and 

Considering  that  EC  fishing  vessels  are  already  subject  to  satellite  tracking  under  the 
Community legislation since January 2000,  

It  is  recommended  that  the  flag  States  and  the  authorities  of  the  Republic  of  Seychelles 
implements a satellite monitoring of the EC vessels fishing under the EC/Seychelles Fishery 
Agreement in accordance with the following conditions: 

1. 

2. 

3. 

4. 

5. 

the  purposes  of  satellite  monitoring, 

For 
the  Seychelles  authorities  shall 
communicate to the Fisheries Monitoring Centres (FMCs) of the flag States the co-
ordinates (latitudes and longitudes) of the Seychelles waters. 

The  Seychelles  authorities  will  transmit  this  information  in  electronic  format, 
expressed in degrees decimal in the Wgs-84 system datum. 

The  Seychelles  authorities  and  the  national  FMCs  will  exchange  information  on 
their  respective  electronic  addresses  in  X.25  format  or  where  appropriate  other 
secure communication protocol and the specifications to be used in their respective 
FMCs  in  accordance  with  the  conditions  established  in  points  4  and  6.  This 
information  will  include,  as  far  as  possible,  the  names,  the  telephone,  and  fax 
numbers and the electronic addresses (Internet), which can be used for the general 
communications between the FMCs. 

The  position  of  the  vessels  will  be  determined  with  a  margin  of  error  of  less  than 
500 metres and with a confidence interval of 99%. 

When  a  vessel  fishing  under  the  EC/Seychelles  Agreement  and  subject  to  satellite 
tracking  under  the  Community  legislation  enters  into  the  Seychelles  waters, 
subsequent position reports shall be communicated by the FMC of the flag State to 
the Monitoring Centre of Seychelles automatically, in real time, at least every hour 
(frequency). These messages are identified as Position Reports. 

The  messages  referred  to  in  item  4  shall  be  transmitted  electronically  in  X.25 
format, or other secure communication protocols subject to prior agreement between 
the relevant FMCs. All messages will be communicated automatically, in real time, 
in accordance with the definitions given in Attachment 1. 

It is prohibited for a vessel to switch off its satellite tracking device when operating 
in Seychelles waters. 

EN 

24 

   EN 

 
6. 

7. 

8. 

9. 

In the event of a technical problem or malfunction of the satellite monitoring device 
installed on board the fishing vessel, the master of that vessel shall communicate in 
good time by fax, or e-mail to the FMC of the Flag State concerned the information 
specified  in  item  4.  At  least  one  global  position  Report  every  four  hours  shall  be 
sufficient under such circumstances as long as the vessel stays in Seychelles waters. 
This  global  position  Report  will  include  the  hourly  positions  as  registered  by  the 
master  of  that  vessel  during  those  four  hours.  The  FMC  of  the  flag  State  or  the 
vessel  itself  shall  forward  these  messages  to  the  Seychelles  Monitoring  Centre 
without  delay.  In  case  of  necessity  or  doubts,  the  Seychelles  Fishing  Authority 
(SFA) could ask for a determine vessel a transmission of the position report every 
hour.  Defective  equipment  shall  be  repaired  or  replaced  as  soon  as  the  vessel 
concludes its fishing trip or within a month at a maximum. Past this period, a new 
fishing trip may not begin until the equipment has been repaired or replaced. 

The Vessel Monitoring System hardware and software components shall be temper 
proof,  i.e.  shall  not  permit  the  input  or  output  of  false  positions  and  must  not  be 
capable  of  being  manually  over-ridden.  The  system  shall  be  fully  automatic  and 
operational at all times regardless of environmental conditions. It shall be prohibited 
to  destroy,  damage,  render  inoperative  or  otherwise  interfere  with  the  satellite 
tracking device. 

In particular, the master shall ensure that: 

–  data are not altered in any way; 

–  the  antenna  or  the  antennas  connected  to  the  satellite  tracking  devices  are  not 

obstructed in any way; and 

–  the power supply of the satellite tracking devices is not interrupted in any way. 

Any breach of the above-mentioned obligations may render the master liable under 
the  laws  and  regulations  of  Seychelles,  provided  that  the  vessel  is  operating  in 
Seychelles waters. 

The  FMCs  of  the  Flag  States  shall  monitor  the  tracking  of  their  vessels  when  the 
latter  are  in  the  Seychelles  waters,  at  one  hour  intervals.  If  the  tracking  of  the 
vessels is not carried out under the conditions envisaged, the Seychelles Monitoring 
Centre  is  immediately  informed  and  the  procedure  provided  for  in  item  6  will  be 
applicable. 

Relevant FMCs and the Seychelles Monitoring Centre shall co-operate to ensure the 
implementation of these provisions. If the Seychelles Monitoring Centre establishes 
that the flag State is not transmitting the data in conformity with item 4 above, the 
other  party  shall  be  immediately  notified.  Upon  receipt  of  notification,  the  latter 
shall respond within twenty-four (24) hours by informing the Seychelles Monitoring 
Centre  of  the  reasons  for  non-transmission  and  indicating  a  reasonable  delay  for 
compliance with these provisions. In case of failure to comply within this delay, the 
two  parties  will  settle  such  problems  in  writing  or  as  provided  for  by  point  13  of 
these provisions. 

EN 

25 

   EN 

 
10. 

11. 

12. 

13. 

Monitoring  data  transmitted  in  accordance  with  these  provisions  shall  be  used 
exclusively for control, management, monitoring and enforcement by the Seychelles 
authorities  of  the  Community  fleet  fishing  under  the  EC/Seychelles  fishery 
agreement  These  data  cannot  be  communicated  to  other  parties  under  any 
circumstances, except with the written consent of the flag State concerned, on a case 
by case basis, or by an order of the Court in Seychelles. 

It  is  agreed  that,  at  the  request  of  either  party,  there  will  be  an  exchange  of 
information on the equipment used for satellite tracking, in order to ensure that the 
said equipment is fully compatible with the requirements of the other party for the 
purposes of these provisions. 

The Parties agree to review these provisions as and when appropriate, including all 
cases  of  malfunctioning  or  anomalies  related  to  individual  vessels.  All  such  cases 
will have to be notified by the SFA to the EC flag Member States at least 15 days 
before the review meeting. 

Any dispute concerning the interpretation or the application of these provisions shall 
be  subject  to  consultation  between  the  Parties  within  the  framework  of  the  Joint 
Committee  provided  for  in  Article  7  of  the  Agreement  between  the  European 
Community and the Republic of Seychelles concerning fishing in Seychelles waters. 

14. 

These provisions shall enter into force on 18th January 2005. 

EN 

26 

   EN 

 
Attachment 1 

COMMUNICATION OF VMS MESSAGES TO SEYCHELLES 

POSITION REPORT  

Piece of data   Code 

Mandatory/ 
Optional 

Comments  

Start record  

SR 

Address 

From 

AD 

FR 

Type 
message  

of 

TM 

Radio call sign   RC 

M 

M 

M 

M 

M 

System detail; indicates start of record  

Message detail; destination Party Alfa-3 ISO country 
code  

Message  detail;  the  transmitting  Party  Alfa-3  ISO 
country code 

Message detail; message type, "POS" 

Vessel  detail;  international  radio  call  sign  of  the
vessel  

Internal 
Reference 
Number  

External 
Registration 
Number  

Latitude  

Longitude  

Speed 

Course 

Date  

Time 

IR 

O 

Vessel  detail;  Unique  Party  vessel  number  as  Alfa-3 
ISO flag country code followed by number 

XR 

O 

Vessel detail; the side number of the vessel  

LA 

LO 

SP 

CO 

DA 

TI 

M 

M 

M 

M 

M 

M 

M 

Position  detail;  position  of  the  vessel  in  degrees  and 
minutes N/S DDMM (WGS-84)  

Position  detail;  position  of  the  vessel  in  degrees  and
minutes E/W DDDMM (Wgs-84)  

Position detail; vessel speed in tenths of knots 

Position detail; vessel course in 360° scale 

Position detail; UTC date of position (YYYYMMDD) 

Position detail; UTC time of position (HHMM)  

System detail; indicates end of record  

End of record   ER 

Character set: ISO 8859,1  

A data transfer is structured in the following way:  

–  a double oblique bar (//) and a code mark the beginning of the transmission,  

–  a simple oblique bar (/) marks a separation between the code and the piece of data. 

The optional data has to be inserted between the beginning and the end of the recording. 

EN 

27 

   EN 

 
Appendix 5 

COMMUNICATION FORMAT REPORTS 

1. 

ENTRY REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT) 

(TRANSMISSION) 

SFA 

IN 

(CONTENT) 

ADDRESSEE 

ACTION CODE 

VESSEL NAME 

INTERNATIONAL RADIO CALL SIGN 

POSITION OF ENTRY 

DATE AND HOUR (UTC) OF ENTRY 

QUANTITY (Mt) OF FISH ON BOARD 

YELLOWFIN 

BIGEYE TUNA 

SKIPJACK 

OTHERS (SPECIFY) 

(Mt) 

(Mt) 

(Mt) 

(Mt) 

2. 

EXIT REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT) 

(TRANSMISSION) 

SFA 

OUT 

(CONTENT) 

ADDRESSEE 

ACTION CODE 

VESSEL NAME 

INTERNATIONAL RADIO CALL SIGN 

POSITION OF ENTRY 

DATE AND HOUR (UTC) OF EXIT 

QUANTITY (Mt) OF FISH ON BOARD 

YELLOWFIN 

BIGEYE TUNA 

SKIPJACK 

OTHERS (SPECIFY) 

(Mt) 

(Mt) 

(Mt) 

(Mt) 

EN 

28 

   EN 

 
 
 
 
 
 
 
 
 
 
 
3. 

WEEKLY CATCH  REPORT FORMAT (EVERY THREE  DAYS WHEN  THE VESSEL 
IS OPERATING IN SEYCHELLES WATERS) 

(CONTENT) 

ADDRESSEE 

ACTION CODE 

VESSEL NAME 

INTERNATIONAL RADIO CALL SIGN 

QUANTITY (Mt) OF FISH ON BOARD 

(TRANSMISSION) 

SFA 

WCRT 

YELLOWFIN 

BIGEYE TUNA 

SKIPJACK 

OTHERS (SPECIFY) 

(Mt) 

(Mt) 

(Mt) 

(Mt) 

NUMBER  OF  SETS  MADE  SINCE  LAST 
REPORT 

All reports shall be transmitted to the competent authority at on the following fax number or 
Electronic-mail address: Fax  +248 225957  E-mail fmcsc@sfa.sc 

Seychelles Fishing Authority, P.O. Box 449, Fishing Port, Mahé, Seychelles 

EN 

29 

   EN 

 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Council Regulation on the conclusion of the Protocol setting out, 
for  the  period  from  18  January  2005  to  17  January  2011,  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. 

ABM / ABB FRAMEWORK 

11. Fisheries  

1103. International Fisheries Agreements 

3. 

3.1 

BUDGET LINES 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings : 

110301: “International Fisheries Agreements” 

11010404: “International Fisheries Agreements, administrative expenditure”. 

3.2 

Duration of the action and of the financial impact: 

The  new  Protocol,  which  contains  the  provisions  on  fishing  possibilities  and  the 
financial  contribution,  has  been  concluded  for  a  period  of  6  (six)  years.  It  is 
applicable from 18 January 2005 to 17 January 2011.  

3.3 

Budgetary characteristics (add rows if necessary) : 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

11.0301 

Comp 

11.010404 

Comp 

Diff5/ 

Non-
diff6 

NO 

NO 

NO 

NO 

NO 

NO 

No 4 

No 4 

5 
6 

Differentiated appropriations. 
Non-differentiated appropriations hereafter referred to as NDA. 

EN 

30 

   EN 

 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1 

Financial Resources 

4.1.1 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

Min. 

Max. 

Year 
n 

n + 1 

n + 2 

n + 3 

n + 4  

n+5 

Total 

Operational expenditure7 

Commitment 
Appropriations (CA)8 

8.1 

a 

Min. 

4.125 

4.125 

4.125 

4.125 

4.125 

4.125 

24.750 

Max. 

8.250 

8.250 

8.250 

8.250 

8.250 

8.250 

49.500 

Payment  Appropriations 
(PA) 

b 

Min. 

4.125 

4.125 

4.125 

4.125 

4.125 

4.125 

24.750 

Max. 

8.250 

8.250 

8.250 

8.250 

8.250 

8.250 

49.500 

Administrative expenditure within reference amount9 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

0.033 

0.033 

0.033 

0.033 

0.033 

0.073 

0.238 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

Commitment 
Appropriations 

Payment 
Appropriations 

a+c 

b+c 

Min. 

4.158 

4.158 

4.158 

4.158 

4.158 

4.198 

24.988 

Max 

8.283 

8.283 

8.283 

8.283 

8.283 

8.323 

49.738 

Min. 

4.158 

4.158 

4.158 

4.158 

4.158 

4.198 

24.988 

Max 

8.283 

8.283 

8.283 

8.283 

8.283 

8.323 

49.738 

Administrative expenditure not included in reference amount10 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
associated 
not 
included in reference amount 
(NDA) 

costs, 

8.2.5 

d 

0.065 

0.065 

0.065 

0.065 

0.065 

0.065 

0.390 

8.2.6 

e 

0.012 

0.012 

0.012 

0.012 

0.012 

0.012 

0.072 

7 
8 

9 
10 

Expenditure that does not fall under Chapter 11 01 of the Title 11 concerned. 
The financial contribution for tuna fishing is € 4.250.000 per year and covers a volume of 55 000 tons 
of catches. If the volume of annual catches exceeds that quantity, the amount of financial contribution 
is increased proportionately at the rate of € 75/ton, but it may not exceed € 8.250.000 per year.  
Expenditure within article 11 01 04 of Title 11. 
Expenditure within chapter 11 01 other than articles 11 01 04. 

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
                                                 
Total indicative financial cost of intervention 

Min. 

4.235 

4.235 

4.235 

4.235 

4.235 

4.275 

Max. 

8.360 

8.360 

8.360 

8.360 

8.360 

8.400 

Min. 

4.235 

4.235 

4.235 

4.235 

4.235 

4.275 

Max. 

8.360 

8.360 

8.360 

8.360 

8.360 

8.400 

25.450 

50.200 

25.450 

50.200 

EUR million (to 3 decimal places) 

Year n 

n + 1 

n + 2 

n + 3 

n  +4 
and 
later 

Total 

TOTAL  CA 
cost 
Resources 

of 

including 
Human 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

Co-financing details 

Co-financing body 

a+c
+d
+e 

b+c
+d
+e 

Min. 

Max 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d
+e+
f 

4.1.2  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 

(cid:133) 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 

(cid:133) 
Agreement11 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3 

Financial impact on Revenue 

X 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

NB:  All  details  and  observations  relating  to  the  method  of  calculating  the  effect 
on revenue should be shown in a separate annex. 

11 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Year 
n] 

[n+1] [n+2] [n+3]  [n+4]  [n+5]

12

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

(Please  specify  each  revenue  budget  line  involved,  adding  the  appropriate 
number of rows to the table if there is an effect on more than one budget line.) 

4.2 

Human  Resources  FTE  (including  officials,  temporary  and  external  staff)  –  see 
detail under point 8.2.1. 

Annual requirements  Year n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5  

Total 
number 
human resources 

of 

0.8 

0.8 

0.8 

0.8 

0.8 

0.8 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details  of  the  context  of  the  proposal  are  required  in  the  Explanatory 
Memorandum.  This  section  of  the  Legislative  Financial  Statement  should 
include the following specific complementary information: 

5.1 

Need to be met in the short or long term 

The  need  for  this  new  bilateral  fishery  Agreement  lies  in  the  necessity  to  allow 
Community vessels to obtain fishing rights for purse seine vessels and surface long-
liners in the Seychelles’ fishing zone, exclusively for tuna and tuna-like species.  

Community  fishing  in  Seychelles’  waters  is  part  of  the  global  framework  for  tuna 
fishing  in  the  West  Indian  Ocean.  The  EC/Seychelles  Fishery  Agreement  is  a  key 
element  of  the  EC  framework  of  tuna  agreements  together  with  the  bilateral 
agreements  Agreements  concluded  with  Madagascar,  Mauritius,  Comoros  and 
Mozambique.  The  EC/Seychelles  is  also  the  most  important  EC  tuna  Agreements, 
both in term of catches and financial compensation, concluded with a third country.  

This protocol, covering a six year period, from 18 January 2005 to 17 January 2011, 
satisfies the need of the EC tuna fleet, composed of tuna seiners and surface long-
liners,  to  have  access  to  the  important  Seychelles’  fishing  zone,  which  lies  at  the 
core of the West Indian Ocean tuna fishing ground. 

12 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
The  access  of  EC  vessels  to  the  West  Indian  Ocean  is  done  if  full  respect  and 
conformity  with  the  tuna  conservation  measures  established  by  the  competent 
regional  fishery  organisation  (the  Indian  Ocean  Tuna  Commission  –  IOTC).  The 
access to the West Indian Ocean tuna fishery is an essential element for the for the 
long-term  preservation  of  the  world  leadership  position  of  the  EC  tuna  fishing 
industry. 

Furthermore, the financial contribution paid by the Community, in conjunction with 
the licence fees paid by ship-owners, constitutes an important source of revenues for 
the Seychelles’ Government. 

In  addition,  the  Agreement  is  going  to  generate  an  economic  impact  on  the 
Seychelles’  fishery  sector,  mainly  through  the  implementation  of  the  partnership 
approach,  and,  more  generally,  on  the  economic  development  of  the  country  at 
large.  

5.2 

Value-added of Community involvement and coherence of the proposal with other 
financial instruments and possible synergy 

Fisheries  agreements  were  concluded  by  the  Community  following  changes  to  the 
Law of the Sea in the seventies. Member States agreed, in a Council Resolution of 3 
November 1976, to transfer their competence in this domain to the Community and 
therefore  fisheries  agreement  fall  completely  under  the  Community  exclusive 
competence.  

As stated in its Communication on the CFP reform13 and in the Communication on 
Fisheries Partnerships Agreements, it essential that an improved policy concerning 
the fisheries agreements is established together with all partners, private and public, 
within  the  Community.  This  is  a  major  step  to  reconfirm  the  commitment  of  the 
Community to contribute to the sustainable development of fishing activities at the 
international level.  

This position was endorsed in 2003 by the European Parliament and in 2004 by the 
Council of Ministers.  

The  Community  is  therefore  proposing  to  establish  a  new  type  of  fisheries 
agreements (Fisheries  Partnership Agreements)  in order to strengthen co-operation 
and to ensure the implementation of a sustainable fisheries policy and a rational and 
responsible  exploitation  of  the  resources  in  the  mutual  interest  of  the  Parties 
concerned.  In  order  to  allow  the  European  long  distant  waters  fishing  fleet  to 
consolidate  its  role  the  sustainable  exploitation  of  global  fishing  stocks  must  be 
ensured. 

This  new  EC/Seychelles  fishery  protocol  embodies  all  the  elements  of  the 
partnership  approach  as  outlined  in  the  Commission  Communication  and  the 
Council’s  conclusions.  Withy  respect  to  this  newly  negotiated  protocol,  the 
Community considers that this protocol is the best solution: 

13 

COM(2002) 181 final of 28 May 2002. 

EN 

34 

   EN 

 
                                                 
– 

– 

to  promote  sustainable  fisheries  activities  and  provide  a  binding  framework 
for all concerned parties, i.e. the Community, its Member states, the European 
operators and the third country to attain this objective, and  

to protect and develop European fishing activities within these waters and to 
enhance their political and socio-economic impact both in Europe and in the 
Seychelles. 

Furthermore,  in  order  to  reinforce  the  notion  of  a  binding  framework  for  all 
concerned  parties,  the  Agreement  contains  an  “exclusivity  clause”  that  does  not 
allow EC fishing vessels to fish in Seychelles’ waters outside the Agreement’s legal 
framework. 

During  the  whole  process  of  negotiation,  the  Commission  took  account  of  the 
situation in Seychelles and the protocol will be implemented by both parties taking 
duly account of the development and environmental objectives of Seychelles.  

5.3 

Objectives, expected results and related indicators of the proposal in the context of 
the ABM framework 

The negotiation and conclusion of fishery agreements with third countries responds 
to the general objective to maintain and safeguard traditional fishing activities of the 
EC  fleet,  including  long  distance  fishing,  and  to  develop  partnership  relations  in 
view  of  enhancing  sustainable  exploitation  of  fisheries  resources  outside 
Community  waters,  while  taking  account  broader  environmental,  economic  and 
social concerns.  

The objective of the EC/Seychelles Fishery Agreement is to guarantee the access of 
40 purse seine vessels and 12 surface long-liners to the Seychelles’ fishing zone for 
fishing exclusively tuna and tuna-like species. In conjunction with this objective, the 
Agreement aims at enhancing responsible fishing and the sustainable exploitation of 
fisheries resources in Seychelles’ fishing zone.  

Expected catches for the entire fleet are estimated at 55 000 tons of tuna per year. 
The relative financial contribution is fixed at 4.125.000 euros per year. However, in 
case of annual catches exceeding 55000 tons, the Community will pay 75 euros per 
ton  for  each  additional  ton.  In  any  case,  the  overall  Community  payment  cannot 
exceed 8.250.000 euros per year. 

36%  of  the  financial  contribution  (1.485.000  euros  per  year)  will  be  allocated  to 
enhancing responsible fishing in Seychelles’ waters (art. 7 of the Protocol). 

The  following  indicators  will  be  used  in  the  context  of  the  ABM  framework  to 
monitor the implementation of the agreement:  

– 

– 

– 

rate of utilisation of the fishing possibilities; 

catch data and commercial value of the agreement; 

contribution to employment and value added in the EC; 

EN 

35 

   EN 

 
– 

– 

– 

– 

– 

– 

contribution to Community market stabilization; 

contribution  towards  overall  poverty  reduction  in  Seychelles,  including 
contribution to employment and infrastructure development in Seychelles and 
support to the State budget; 

number  and  type  of  concrete  results  expected  through  the  use  of  the 
percentage  of  the  financial  contribution  allocated  to  enhancing  responsible 
fishing in Seychelles’ fishing zone (art. 7 of the Protocol); 

information on by-catches and environmental impact as reported by observers; 

number of Joint Committee meetings and of technical meetings; 

number of missions. 

5.4 

Method of Implementation (indicative) 

Show below the method(s)14 chosen for the implementation of the action. 

X  Centralised Management 

X  Directly by the Commission 

ٱ 

Indirectly by delegation to: 

ٱ 

ٱ 

ٱ 

Executive Agencies 

Bodies set up by the Communities as referred to in art. 185 
of the Financial Regulation 

National  public-sector  bodies/bodies  with  public-service 
mission 

ٱ Shared or decentralised management 

ٱ  With Member states 

ٱ  With Third countries 

ٱ Joint management with international organisations (please specify) 

Relevant comments: 

14 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point. 

EN 

36 

   EN 

 
                                                 
6. 

MONITORING AND EVALUATION 

6.1 

Monitoring system 

Continuous  monitoring  by  the  Commission  is  foreseen  for  the  Agreement.  The 
Commission  is  solely  responsible  for  implementing  the  Agreement  and  will  do  so 
through  its  officials  posted  both  in  Brussels  and  in  its  Delegation  in  Port  Louis  – 
Mauritius (responsible also for Seychelles). 

The  licence  application  by  EC  ship-owners  is  closely  followed  by  the  competent 
Commission’s services. Data on actual catches are regularly collected. 

The  implementation  of  the  partnership  approach  and  the  use  of  the  share  of  the 
financial  contribution  allocated  to  it  will  be  managed  in  the  light  of  objectives 
identified  by  mutual agreement between the two parties and the annual and multi-
annual programming to attain them. For such purposes, the EC and Seychelles shall 
agree,  within  the  Joint  Committee,  on  a  multi-annual  sectoral  programme  and 
detailed  implementing  rules  including  criteria  and  procedures  for  evaluating  the 
results obtained each year. 

As  a  general  rule,  from  the  entry  into  force  of  the  Agreement,  the  competent 
Commission  services  will  collect  the  appropriate  information  allowing  the 
verification and follow up of the indicators listed at the above point 5.3. 

6.2 

Evaluation 

An  overall  evaluation  (ex-post  and  ex-ante)  of  the  Protocol  to  the  EC/Seychelles 
Fishery Agreement was carried out in the summer of 2004 with the assistance of a 
consortium  of  independent  consultants.  The  results  of  the  ex-ante  and  ex-post 
evaluations are provided under the two following points. The entire evaluation will 
be soon available on DG FISH website.  

6.2.1 

Ex-ante evaluation 

The  main  elements  of  the  impact  assessment  have  been  studied  on  the  basis  of  a 
number  of  possible  scenarios  to  determine  the  range  of  possible  economic,  social 
and  environmental  impacts.  Four  (4)  scenarios  of  renewal  of  the  catch  potentials 
were envisaged:  

1)  A  statu-quo  scenario  in  which  the  current  fishing  opportunities  would  be 
renewed. For the needs of the evaluation, it will be supposed that reference tonnage 
(46,000 tonnes) and the utilisation rates of the licences are those noted in 2003; 

2)  A  non-agreement  scenario,  leaving  to  the  European  operators  the  initiative  to 
conclude themselves their conditions of access; 

3) A scenario of increase of fishing opportunities15:  

15 

In the current state of the European fleets, it is not suitable to increase the number of permitted ships. 
On the one hand because the European fleet is limited in capacity and that it is improbable that new 

EN 

37 

   EN 

 
                                                 
4)  A  scenario  of  reduction  of  fishing  opportunities,  including  the  limitation  of  the 
number of long line boats to a maximum of 5 ships, a fall in the number of seiner 
tuna boats by 10% (36 ships), and a concomitant fall of reference tonnage of 10% 
(rounded at 40,000 tonnes). 

It appears that a scenario closely modeled on the terms of the current status quo is 
the one that is the most balanced for the two parts. 

The first approach scenario is well adapted to the profile of activity of the European 
fleet in the Indian Ocean, which optimizes the cost of it for the Community budget. 
Seychelles could complain for an insufficient financial compensation in view of the 
catch  results  which  were  well  in  excesses  of  reference  tonnage  (2003).  This 
argument should be put in the right perspective because it appears distinctly that the 
performances  of  the  fisheries  in  2003  are  exceptional  and  connected  with  an 
abnormal  situation  (and  still  unexplained),  but  which  appears  to  last  in  2004.  It 
would not be surprising to see in the medium term the tonnages fished in the EEZ of 
the  Seychelles  returning  towards  levels  more  in  relation  to  the  average  of  the 
captures  in  its  EEZ  since  1995.  As  it  came  out  of  the  study,  the  benefits  that  the 
Seychelles  derive  from  the  Indian  Ocean  purse  seine  fishery,  which  is  primarily  a 
Community  fishery,  are  much  higher  than  the  direct  contribution  that  the 
Community and ship-owners alike pay directly for the access to the waters.  

On the hypothesis of an increase in the fishing opportunities, the Seychelles state is 
winning  because  of  the  increase  in  income  connected  with  the  sale  of  the  access. 
The  Community  is  also  increasing  its  benefits  only  if  the  tonnage  captured  by  the 
European fleet approaches the new reference tonnage of 55,000 tonnes, which is not 
certain  to  attain  in  view  of  the  historical  catch  records  in  the  area  (even  though 
annual catches in the rage of 50/55.000 tons are perfectly possible).  

In case of a reduction of fishing opportunities, the impact on the European fishing 
industry  will  be  practically  pointless  and  will  get  a  few  benefits  in  light  of  the 
reduced budgetary expenditure. Seychelles will lose on the other hand a part of the 
income  connected  with  the  sale  of  the  access.  This  reduced  availability  of  public 
funds is likely to have an impact on the financing of the management of the national 
fishing  industry.  The  fall  in  the  fishing  opportunities  will  not  have  a  significant 
impact on the social and economic effects generated by the frequentation of the port 
of Victoria by the European ships.  

Lastly, of all the scenarios, the non-renewal model is the most harmful, both for the 
Community, which will lose a part of its regulating and control power with respect 
to  its  own  fleet,  and  for  the  Seychelles  with  the  loss  of  one  large  part  of  the 
compensation,  and  the  possible  collapse  of  the  national  fishery-related  industry 
which  developed  around  the  European  seiners.  This  scenario  is  likely  to  push  the 
country  towards  a  policy  of  a  too  liberal  attribution  of  the  pavilion,  but  also  to 
deprive the fisheries sector administration of the external resources essential to the 
implementation of its missions. 

ships are added to the ships in operation, and moreover because the management profile adopted by 
the CTOI is to limit at the level of 2003 the fishing possibilities. This scenario will consider a rise of 
reference tonnage from 46,000 tonnes to 55,000 tonnes. 

EN 

38 

   EN 

 
                                                                                                                                                       
In conclusion, the evaluation recommends the negotiation of a new protocol where 
fishing opportunities are as near as possible to those of the current protocol even if a 
small increase could be considered. 

6.2.2  Measures taken following an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

The  a  posteriori  evaluation  of  the  current  protocol  shows  that  the  agreement  is 
overall effective (results are in conformity with the objectives) insofar as it makes it 
possible  to  consolidate  the  European  presence  in  the  remote  fishing  of  the  Indian 
Ocean,  while  creating  employment  to  the  benefit  of  regions  dependent  on  fishing 
while contributing to the stabilization of the canned tuna market in Europe. 

The agreement is also effective for the Seychelles part because it makes it possible 
to  maintain  and  consolidate  the  network  of  local  companies  which  developed 
around  the  activity  of  the  EC  tuna  seiners.  The  2002/2005  protocol  also  was 
effective  by  giving  to  the  SFA  (Seychelles  Fishing  Authority)  the  means  of 
improving its capacities of marine research and of management of the national fleet 
by means of the targeted actions. 

The  modest  use  of  the  fishing  opportunities  by  the  European  long-line  segment 
cancels  the  potential  contribution  of  this  segment  to  the  effectiveness  of  the 
agreement. 

As  regards  efficiency,  the  fishing  agreement  with  the  Seychelles  appears  to  be  a 
good agreement, mainly because of the excellent use of the fishing opportunities by 
the seiner tuna boats. With a license drawing higher than 80% and as the reference 
tonnage was approached in 2002 and exceeded in 2003, it comes out from that the 
provisions of the agreement were very close to the actual results of the EC fishing 
activity. 

Thus,  the  real  cost  of  the  fishing  opportunities  negotiated  by  the  EC  appears 
advantageous  in  relation  to  other  Community  tuna  agreements,  with  an  excellent 
report  on  cost  benefit  of  the  public  intervention  thanks  to  the  correct  use  of  the 
fishing  opportunities.  With  regard  to  ship-owners,  the  correct  use  of  the  catch 
potentials makes the a priori cost for access acceptable, and in any case comparable 
with what the ships under a free licence arrangement would pay. With regard to the 
Seychelles,  the  chosen  allocation  mechanism  of  the  amounts  of  the  compensation 
made it possible to obtain tangible results. Even if its operating mode is perfectible, 
the SFA remains the only organisation of the country having the regulatory powers 
and know-how as regards management of the fisheries sector. 

Once again, the weak use of the fishing opportunities by the long line boats, in spite 
of  the  fact  that  the  access  cost  seems  very  favourable,  it  has  reduced  the  overall 
efficiency of the agreement. 

The  agreement  is  relevant  insofar  as  it  meets  the  needs  of  the  two  parts.  The  EC 
fleet and Seychelles have a strongly interlinked future, each part needing the other: 
Europe for access to rich waters, and Seychelles to make the network of companies 
in  the  upstream  and  downstream  service  sectors  (port  services  and  product 

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transformation). The relevance of the agreement is in the fact of being able to secure 
the  relations  between  EC  ship-owners  and  the  Seychelles  fisheries  sector,  by 
favouring the development of medium-term strategies. 

The  agreement  is  not  relevant  for  the  European  segment  of  the  long  line  boats 
because  the  non  use  of  the  fishing  opportunities  shows  that  this  segment  does  not 
need access to the waters of the Seychelles. 

Lastly,  the  fishing  agreement  makes  it  possible  to  consolidate  the  viability  of  the 
European  companies,  knowing  that  it  is  not  essential  to  them.  The  agreement 
contributes  to  supporting  the  viability  of  the  fishing  industry,  which  remains  very 
dependent  on  the  European  presence  to  be  judged  sustainable.  Indeed,  in  the 
absence  of  fishing  agreement,  Victoria's  place  is  of  such  strategic  importance  that 
the European ships will continue making stopover on the condition - probable - of 
obtaining  the  right  to  exploit  waters  against  payments  of  private  licences  at 
reasonable tariffs. The biological viability of the tuna stocks fished by the European 
fleet does not pose problems except the possible impact of the catch of juveniles of 
yellowfin tuna on stock who remain relatively not very important in the EEZ of the 
Seychelles in relation to those carried out in the Somalia area. 

The  a  posteriori  evaluation  of  the  protocol  still  in  force  made  it  possible  to  learn 
several lessons. The first, and probably most important, is that the fishing agreement 
places the three participants (Community, Seychelles and ship-owners) in a situation 
of winners. Community ship-owners need access to the Seychelles’ EEZ (the richest 
tuna  fishing  ground  of  the  Indian  Ocean),  more  especially  as  Seychelles  give 
possibilities of stopovers for the unloading/transshipment operations. 

For the Community, this Agreement allows to generate a value added equal to 4,8 
times  the  public  cost  of  the  agreement,  and  to  consolidate  its  geo-strategic 
importance in the sector of the fishing of the Indian Ocean. 

Seychelles need for their part to develop the potential of their waters by means of 
the sale of licences to fishing fleets technically able to exploit it. These profits are 
considerably  increased  because  of  the  attractiveness  of  the  port  of  Victoria  and  of 
the  activities  with  ground  generated,  in  their  major  majority,  by  the  ships  of  the 
Community.  No  other  remote  fishing  fleet  is  for  the  moment  in  a  position  to 
generate as many economic repercussions for the Seychelles. 

It is obvious that this agreement has to minimize as much as possible the potentially 
unfavorable  impact.  It  was  discussed  of  the  potentially  negative  impact  of  tuna 
fishing on the stock of yellowfin tuna. The technical and scientific contribution of 
the Community to the CTOI makes it possible to have the information necessary for 
the appraisal of this risk and for the preparation of specific management measures if 
necessary.  Recent  topicality  shows  that  this  potentially  negative  impact  is 
minimized  by  the  orientation  of  the  strategy  of  fishing  of  the  Community  ships 
towards the free bench holding which makes it possible to save the young.  

It appears therefore beneficial for the two parts that a new fishing protocol could be 
set up on the expiry (January 2005) of the 2002/2005 protocol. 

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6.2.3 

Terms and frequency of future evaluation 

Before the Protocol is renewed the entire  period which it covers will  be evaluated 
(ex-post  assessment),  measuring  indicators  relating  to  results  (catches,  values  of 
catches)  and  impact  (number  of  jobs  created  and  maintained,  relation  between  the 
cost of the Protocol and the value of catches). The indicators listed under the above 
point 5.3 will be used to perform the ex post evaluation, including an impact on the 
marine environment. 

In light of the long duration of the protocol, the Commission could decide to carry 
out a mid-term evaluation after three years of application of the protocol.  

7. 

ANTI-FRAUD MEASURES 

Fishery  Agreements  are  commercial  agreements  with  a  financial  contribution  paid 
in exchange for fishing rights in the waters of third  countries. This contribution is 
complemented by the licence fees paid by the EC ship-owners authorised to fish in 
the framework of the Agreement. 

The way such a contribution is used depends exclusively on the responsibility of the 
third  country,  which  has  negotiated  the  agreement  with  the  Community  as  a 
sovereign state. In most cases, a part of the financial contribution is used to finance 
activities for improving or supporting the fishery policy of the concerned country. 

In  this  case,  the  programming  of  the  activities,  their  implementation  and  the 
information  about  the  results  on  their  implementation  to  be  provided  to  the 
Commission  remain  within  the  exclusive  competence  of  the  third  country. 
Nonetheless,  the  Commission  invites  the  third  country  to  establish  a  permanent 
political  dialogue  with  its  services  in  order  to  improve  the  management  of  the 
Agreement  and  strengthen  the  Community’s  contribution  to  the  management  of 
fishing resources.  

In  the  context  of  the  new  Fishery  Partnership  Agreements  (FPA)  approach  it  is 
foreseen  that  the  Commission  and  the  third  country  fix,  by  mutual  agreement,  the 
goals to be attained through the use of a part of the financial contribution allocated 
to this end. At the same time, both Parties will establish an annual and multi-annual 
programming for the pursuit of those goals.  

In the event that the implementation of the programme does not correspond to the 
level of resources fixed by the Protocol to this end, the Commission could ask for a 
reduction of the percentage of the financial contribution used in the context of the 
agreed programme. 

In any case, every payment realised by the Commission in the context of the fishery 
Agreement is subject to the normal Commission’s budgetary rules and procedures. 
This  fact  allows,  in  particular,  to  identify  the  bank  accounts  of  the  third  country 
where the amounts of the financial contribution are paid. 

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When  it  is  specifically  established  by  the  Protocol,  the  Commission  analyses  in  a 
detailed manner the activities benefiting of a specific financial support (part of the 
financial contribution) both in respect of the agreed programme and in respect of the 
implementation  results  as  reported  by  the  specific  report  provided  by  the  third 
country  to  the  Commission.  However,  in  respect  of  the  principle  of  national 
sovereignty,  the  Commission  cannot  carry  out  (directly  or  indirectly),  by  its  own 
initiative,  a  financial  audit  concerning  the  financial  contribution  paid  to  third 
countries. 

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8. 

8.1 

DETAILS OF RESOURCES 

Objectives of the proposal in terms of their financial cost 

(Headings 
of 
Objectives, actions and 
outputs 
be 
provided) 

should 

OPERATIONAL 
OBJECTIVE  No.1  16. 
Fishing  opportunities  in 
exchange for a financial 
compensation 

Action 1  

- Output 1 

- Output 2 

Sub-total Objective 1 

OPERATIONAL 
OBJECTIVE  No.2 
Enhancing 
fishing in Seychelles  

1 
responsible 

Action 1 

- Output 1 

Type of output 

Av. 
Cost 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3  

Year 
n+4 

Year 
n+5 

TOTAL 

In €  No. 

outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
Cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

Min.  Reference 
tonnage  

75 
ton 

55000 
tons 

4.125 

55000 
tons 

4.125 

55000 
tons 

4.125 

55000 
tons 

4.125 

55000 
tons 

4.125 

55000 tons 

4.125 

330.000 
tons 

24.750 

Max tonnage of 
catches  

75 
ton 

110.000 
tons 

8.250 

110.000 
tons 

8.250 

110.000 
tons 

8.250 

110.000 
tons 

8.250 

110.000 
tons 

8.250 

110.000 
tons 

8.250 

660.000 
tons 

49.500 

Allocation of 36% 
of 
the  min. 
financial 
contribution  

(1.485) 

36% 
min. 
financial 
contribu
tion 

(1.485) 

36% 
min. 
financial 
contribu
tion 

36% 
min. 
financial 
contribu
tion 

(1.485) 

36% 
min. 
financial 
contribu
tion 

(1.485) 

(1.485) 

36%  min. 
financial 
contributi
on 

36%  min. 
financial 
contributio
n 

(1.485) 

(8.910) 

36%  min. 
financial 
contributio
n 

TOTAL COST 

Min 
Max. 8.250 

4.125

Min 
Max. 8.250 

4.125

Min 
Max. 8.250 

4.125

Min 
Max. 8.250 

4.125

Min 
Max. 8.250 

4.125

Min 
Max. 8.250 

4.125

Min. 
Max. 49.500 

24.750

16 

As described under Section 5.3. 

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8.2 

Administrative Expenditure 

8.2.1  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

0.3 

0.3 

0.3 

0.3 

0.3 

0.3 

0.3 

0.3 

0.3 

0.3 

0.3 

0.3 

- 

- 

- 

- 

- 

Officials 
or 
temporary 
staff17 (11 
01 01) 

A*/AD 

B*, 
C*/AST 

Staff  financed18  by 
art. 11 01 02 

- 

staff19 

Other 
financed by art. 
11 01 04/05 

0.2 

0.2 

0.2 

0.2 

0.2 

0.2 

TOTAL 

0.8 

0.8 

0.8 

0.8 

0.8 

0.8 

8.2.2  Description of tasks deriving from the action 

• 

Assist  the  negotiator  in  preparing  and  conducting  the  negotiations  of  the  fisheries 
agreements: 

– 

– 

– 

– 

Participate 
agreements.  

in  negotiations  with 

third  countries 

to  conclude  fisheries 

Prepare Draft Assessment Reports and Strategy notes for the Commissioner.  

Present  and  defend  the  positions  of  the  Commission  in  the  external  working 
group of the Council.  

Participate in finding compromises with the Member States and reflect these 
in the final text of the Agreements. 

• 

Monitoring of the agreements: 

– 

– 

Day to day follow-up of the fisheries agreements.  

Prepare  and  check  the  commitments  and  the  payment  orders of  the  financial 
compensations  and  for  the  financing  allocated  to  the  development  of 
responsible fishing 

17 
18 
19 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

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44 

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– 

– 

Regular reporting of the implementation of the agreements. 

Evaluation of the agreements - scientific and technical aspects 

• 

Policy design: 

– 

Prepare draft Regulations and Decisions of the Council. Elaborate text of the 
agreements.  

– 

Launch and follow up the approval procedures.  

Technical assistance: 

– 

Prepare the Commission position in view of Joint Committees. 

Institutional Relations: 

• 

• 

– 

Represent  the  Commission  before  the  Council,  European  Parliament  and 
Member States in the context of the negotiation process.  

– 

Drafting of replies to written and oral Parliamentary questions … 

• 

Inter-service co-ordination and consultation: 

– 

Liaise with other Directorates General in matters concerning the negotiations 
and the follow-up of the agreements. 

– 

Carry out and respond to inter-service consultations. 

• 

Evaluation: 

– 

Participate in the various evaluation exercises (ex-ante, mid-term, ex-post) and 
impact assessments. 

– 

Analyse the attainment of objectives and quantified indicators. 

8.2.3 

Sources of human resources (statutory) 

(When  more  than  one  source  is  stated,  please  indicate  the  number  of  posts 
originating from each of the sources) 

Posts currently allocated to the management of the programme to be replaced 

X 
or extended 

X 

(cid:133) 

Posts pre-allocated within the APS/PDB exercise for year 2005 

Posts to be requested in the next APS/PDB procedure 

Posts to be redeployed using existing  resources  within  the  managing  service 

(cid:133) 
(internal redeployment) 

Posts  required  for  year  n  although  not  foreseen  in  the  APS/PDB  exercise  of 

(cid:133) 
the year in question 

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8.2.4  Other Administrative expenditure included in reference amount (11 01 04 – Expenditure 

on administrative management) 

EUR million (to 3 decimal places) 

Budget line 

(11 01 04 04, Heading 4) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies20 

technical  and  administrative 

Other 
assistance 

- intra muros  

- extra muros21 

0.033 

0.033 

0.033 

0.033 

0.033 

0.07322 

0.238 

Total  Technical  and  administrative 
assistance 

0.033 

0.033 

0.033 

0.033 

0.033 

0.073 

0.238 

8.2.5 

Financial  cost  of  human  resources  and  associated  costs  not  included  in  the 
reference amount 

EUR million (to 3 decimal places) 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4 

Year n+5  

and later 

0.065 

0.065 

0.065 

0.065 

0.065 

0.065 

Type of human 
resources 

Officials  and  temporary 
staff (11 01 01) 

Staff  financed  by  Art 
XX  01  02  (auxiliary, 
END, contract staff, etc.) 

(specify budget line) 

Total cost of Human 
Resources and 
associated costs (NOT 
in reference amount) 

20 

21 

22 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 
Most of these expenses (33 000 €/year) concern an expert (ALAT) based in Mauritius Delegation and 
financed under the 11 01 04 budget line. 
Year  n+5  includes  also  the  expenditure  (€  40.000)  for  the  realisation,  by  an  external  consultant,  of 
an impact study on the implementation of the protocol approaching its end. 

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Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

- 

1A = € 108.000* 0.3 = € 32 400 
1B = € 108.000* 0.15 = € 16 200 
1C = € 108.000* 0.15 = € 16 200 

Subtotal: € 64 800 per year (EUR million: 0.065 per year) 

- 

1 ALAT= € 165.000 x 0.20 = € 33.000 

Subtotal: € 33.000 

TOTAL: € 97.800 per year (EUR million: 0.098 per year) 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6 Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

TOTAL 

11 01 02 11 01 – Missions 

0.010 

0.010 

0.010 

11 01 02 11 02 – Meetings & Conferences 

0.002 

0.002 

0.002 

0.030 

0.006 

  XX 01 02 11 03 – Committees23  

  XX 01 02 11 04 – Studies & consultations 

  XX 01 02 11 05 - Information systems 

2 Total Other Management Expenditure 

(XX 01 02 11) 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

0.012 

0.012 

0.012 

0.036 

Calculation - Other administrative expenditure not included in reference amount 

23 

Specify the type of committee and the group to which it belongs. 

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