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: 2005-12-30
Institutions: European Community, Seychelles
Subjects: Seychelles, common fisheries policy, financial compensation of an agreement, fishing agreement, fishing area, fishing licence, protocol to an agreement

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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

PROTOCOL

Article 1

5.
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.

Period of application and fishing opportunities

1.
For a period of six 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.

2.

Paragraph 1 shall apply subject to Articles 4 and 5.

3. 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.

Article 2

Financial contribution — Methods of payment

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

2.

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

3. 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.

the total quantity of
vessels

tuna catches per year by
4.
If
Community
exceeds
55 000 tonnes, the total annual financial contribution shall
be increased by EUR 75 per additional tonne of tuna caught.
to be paid by the
However,
Community cannot exceed EUR 8 250 000.

the total annual amount

Seychelles' waters

in

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

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

Article 3

Cooperation on responsible fishing

1. 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.

2. 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 scientists, the two parties may consult each
other within the Joint Committee provided for in Article 7 of
the Agreement and, where necessary, agree on the measures to
ensure the sustainable management of fisheries resources.

Article 4

Review of fishing opportunities

such an increase will not endanger

1. 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)
the
confirm that
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
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.

indicated in Article 2(1).

In the event

that

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

the

Payment of the financial contribution shall recommence
2.
once the situation has returned to normal and following
consultation and agreement between the two Parties con-
firming that the situation is likely to allow a return to normal
fishing activities.

3. 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

1.
In the event that Community fishing vessels are interested
in 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.

should encourage experimental

2. The Parties
fishing,
specially relating to deep water species present in Seychelles
waters. To this end and on the request of one party, 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 authorisa-
tions
fishing should be agreed for a
for experimental
maximum period of six months.

that

In the event
the Parties consider that experimental
campaigns have yielded 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 referred to in Article 2
(1) shall consequently be increased.

Article 7

Promoting responsible fishing and sustainable fisheries
in Seychelles waters

1. 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 promoting 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
relating thereto.

2.
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 imple-
menting rules covering, in particular:

(a)

(b)

and multiannual guidelines

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

to be
the objectives, both annual and multiannual,
time,
achieved with a view to introducing, over
responsible fishing and sustainable fisheries,
taking
account of the priorities expressed by Seychelles in its
national fisheries policy and other policies relating to or
having an impact on the promotion of responsible
fishing and sustainable fisheries;

(c)

criteria
obtained each year.

and procedures

for

evaluating the

results

Article 6

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

Suspension and review of the payment of the financial
contribution

1. 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
Seychelles, suspend payment of the financial contribution
provided that the Community has paid in full any amounts
due at the time of suspension.

4.
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 Commu-
the
nity of
previous year.

the allocation no later than 1 December of

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5. Where the annual evaluation of the progress made in
implementing the multiannual
so
warrants,
the European Community may ask, with the
approval of the Joint Committee, for the financial contribu-
tion referred to in Article 2(1) 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.

sectoral programme

Article 8
Disputes — suspension of application of the Protocol

1. 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
in a special
provided for in Article 7 of the Agreement,
meeting if necessary.

2. 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.

3.
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.

4.
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
the financial
resume and the amount of
Protocol shall
contribution
and
reduced
shall
pro rata temporis according to the period during which
application of the Protocol was suspended.

proportionately

be

Article 9

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.

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

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.

1. 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.

2.

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

SECTION 1

Issue of licences

1.

2.

3.

4.

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 (Seychelles Fishing Authority) 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.

5.

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

6.

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.

7.

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

8.

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

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9.

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.

A copy shall be sent to the European Commission delegation responsible for Seychelles.

10.

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

11. 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.

12. 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 Seychelles.

13. 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 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.

SECTION 2

Licence conditions — fees and advance payments

1.

Licences shall be valid for one year and are renewable.

2.

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

3.

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 2 250 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.

4.

5.

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 the shipowners and national authorities of the Member States
concerned.

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6. 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.

7.

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

8.

Shipowners shall make any additional payment to the competent Seychelles 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 Article 2
(6) of the Protocol.

9. Where the final statement is less than the advance payment referred to in point 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 of 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.

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:

2.1. The Community vessels licensed to fish in Seychelles waters shall complete 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.

2.2. As far as the submission of the fishing forms referred to in points 2.1 and 2.3 is concerned, the

Community vessels shall:

— in the event 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,

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— 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 Chapter I,
section 2.6.

2.3. 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.

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

3. 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

1.

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.

2.

Shipowners shall endeavour to take on board additional Seychelles seamen.

3.

4.

5.

6.

7.

8.

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
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.

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9. Where no Seychelles seamen are taken on board for reasons other than that referred to in point 8, 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 the 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.

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

1.1. 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.

1.2. 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.

1.3. 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 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 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.

2.

3.

4.

5. Within two weeks and giving 10 days' notice, the shipowners concerned shall make known at which port of

Seychelles and on what dates they intend to take observers on board.

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6. 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.

7.

If the observer is not present at the time and place agreed and during the 12 hours following the time agreed,
shipowners shall be automatically absolved of their obligation to take the observer on board.

8.

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

8.1. observe the fishing activities of the vessels;

8.2. verify the position of vessels engaged in fishing operations;

8.3. perform biological sampling in the context of scientific programmes;

8.4. note the fishing gear used;

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

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

8.7.

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.

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

during performance of their duties.

10.

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:

11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither

interrupt nor hamper fishing operations;

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

vessel.

12. 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.

13.

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

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

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CHAPTER VII

LANDING

Tuna seiners landing in the port of Victoria shall 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 the 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.

CHAPTER IX

MONITORING

1.

Vessel list

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.

Entering and leaving Seychelles waters:

3.1. Community vessels shall notify the competent authorities of Seychelles at least (three) 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.

3.2. 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 Seychelles may exempt surface long liners not fitted with the appropriate communication
equipment from this obligation by authorising communication by radio.

3.3. 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
shall be applicable in such cases.

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4.

Control procedures

4.1. Masters of Community fishing vessels engaged in fishing activities in Seychelles waters shall cooperate

with any Seychelles official carrying out the inspection and control of fishing activities.

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

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

vessel.

5.

Transhipment

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

5.2. 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.

5.3. Transhipment shall be considered as an exit from Seychelles waters. Vessels must therefore submit their

catch declarations to the competent authorities of Seychelles.

5.4. 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 Seychelles law.

5.5. 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.

CHAPTER X

ENFORCEMENT

1.

Sanctions

Failure to observe any one of the above rules, the management and conservation of living resources measures or
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 shall 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

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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 section 1.11 of Chapter I.

2.

Arrest of fishing vessels

The Seychelles authorities shall inform the European Commission delegation responsible for 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.

L 348/16

EN

Official Journal of the European Union

30.12.2005

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:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30.12.2005

EN

Official Journal of the European Union

L 348/17

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:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

L 348/18

EN

Official Journal of the European Union

30.12.2005

2

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Speed in knots

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Visibility in miles

State of sea

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Whale(s)

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Size

Tonnage

Size

Tonnage

Size

Tonnage

Size

Tonnage

Size

Tank N°

Without catchl

With catch

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
30.12.2005

EN

Official Journal of the European Union

L 348/19

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: ____________ % 

_______: ______%

 
 
 
 
L 348/20

EN

Official Journal of the European Union

30.12.2005

Details of catch

Time
(0 to 24 H)

Latitude

Longitude

Start of turn

End of turn

Species

Number

Estimated unit weight

Total 
weight

Number of 
ﬁ sh eaten

Swordﬁ sh*

Yellowﬁ n**

Bigeye**

Marlin**

Sailﬁ sh*

Seabream

Shark

Other 
(give details)

Total weight of catch landed (weighed)  

Total weight

* 
** 

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

 
30.12.2005

EN

Official Journal of the European Union

L 348/21

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 Community legislation since
January 2000,

It is recommended that the flag States and the authorities of the Republic of Seychelles implement satellite monitoring
of Community vessels fishing under the Agreement between the European Community and the Republic of Seychelles
on fishing off Seychelles in accordance with the following conditions:

1.

For the purposes of satellite monitoring, 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.

2.

The Seychelles authorities and the national FMCs will exchange information on their respective electronic
addresses in X.25 format or, where appropriate, another secure communication protocol and on 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.

3.

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 %.

4. When a vessel fishing under the Agreement between the European Community and the Republic of Seychelles
on fishing off Seychelles and subject to satellite tracking under Community legislation enters into 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.

5.

6.

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.

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 a specific vessel to
transmit the Position Report on an hourly basis. Defective equipment shall be repaired or replaced as soon as
the vessel concludes its fishing trip or within a month at most. After this period, a new fishing trip may not
begin until the equipment has been repaired or replaced.

L 348/22

EN

Official Journal of the European Union

30.12.2005

7.

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.

8.

9.

Any breach of the abovementioned 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 Seychelles waters, at
one-hour intervals. If the tracking of the vessels is not carried out under the conditions envisaged, the Seychelles
Monitoring Centre shall be informed immediately and the procedure provided for in item 6 will be applicable.

Relevant FMCs and the Seychelles Monitoring Centre shall cooperate 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 notified immediately. Upon receipt of notification, the
latter shall respond within 24 hours by informing the Seychelles Monitoring Centre of the reasons for
non‑transmission and stating a reasonable deadline for complying with these provisions. In case of failure to
comply within this deadline, the two parties will settle such problems in writing or as provided for by point 13
of these provisions.

10. 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 Agreement between the European Community and the Republic of Seychelles on fishing off Seychelles.
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.

11.

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 this equipment is fully compatible with the requirements of the
other party for the purposes of these provisions.

12. 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.

13. 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 on fishing off Seychelles.

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

30.12.2005

EN

Official Journal of the European Union

L 348/23

Attachment 1

Communication of VMS messages to Seychelles

Position report

Piece of data

Code

Mandatory/
Optional

Comments

Start record

Address

From

Type of message

Radio call sign

Internal Reference
Number

External Registration
Number

Latitude

Longitude

Speed

Course

Date

Time

End of record

SR

AD

FR

TM

RC

IR

XR

LA

LO

SP

CO

DA

TI

ER

M

M

M

M

M

O

O

M

M

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

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

Vessel detail; the side number of the vessel

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 o scale

Position detail; UTC date of position (YYYYMMDD)

Position detail; UTC time of position (HHMM)

System detail; indicates end of record

Character set: ISO 8 859,1
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.

L 348/24

EN

Official Journal of the European Union

30.12.2005

Appendix 5

COMMUNICATION FORMAT REPORTS

1.

Entry report format (within three hours before the event)

(Content)

(Transmission)

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)

SFA

IN

(Mt)

(Mt)

(Mt)

(Mt)

2.

Exit report format (within 3 hours before the event)

(Content)

(Transmission)

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

SFA

OUT

(Mt)

(Mt)

30.12.2005

EN

Official Journal of the European Union

L 348/25

(Content)

(Transmission)

Skipjack

Others (specify)

(Mt)

(Mt)

3. Weekly catch report format (every three days when the vessel is operating in seychelles waters)

(Content)

(Transmission)

Addressee

Action code

Vessel name

International radio call sign

Quantity (Mt) of fish on board

Yellowfin

Bigeye tuna

Skipjack

Others (specify)

Number of sets made since last report

SFA

WCRT

(Mt)

(Mt)

(Mt)

(Mt)

All reports shall be transmitted to the competent authority at: Fax (248) 22 59 57 E-mail fmcsc@sfa.sc
Seychelles Fishing Authority, P.O. Box 449, Fishing Port, Mahé, Seychelles