Proposal for a Council Regulation concerning the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles
Date: 2006-03-06
Institutions: European Commission
Subjects: European Community, Seychelles, cooperation agreement, economic development, fishery management, fishing agreement, fishing area, fishing industry, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.3.2006 
COM(2006) 97 final 

2006/0029 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the conclusion of the Fisheries Partnership Agreement between the 
European Community and the Republic of Seychelles 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Following the Council Conclusions on the Fisheries Partnership  Agreements of July 2004, the 
Community  renegotiates  all  existing  framework  agreements  to  be  replaced  by  this  new 
framework.  

The initialling of the new Fisheries Partnership between the Community and the Seychelles took 
place  in  March  2005.  Both  parties  have  thereby  agreed  to  a  new  framework  agreement  and  a 
fisheries protocol.  

The new Fisheries Partneship Agreement and the new protocol provides for improved economic, 
financial, technical and scientific cooperation in the fisheries sector with a view to guaranteeing 
the  conservation  and  sustainable  exploitation  of  resources,  as  well  as  partnerships  between 
undertakings aimed at developing the common interest economic activities in the fisheries sector 
and related activities. 

Both Parties agreed to suggest to their respective authorities to replace the existing framework 
agreement  by  this  new  partnership  agreement  and  the  new  fisheries  protocol  (the  protocol  is 
about to be adopted in a separate procedure). 

In  view  of  the  above,  this  new  Agreement  will  encourage  the  responsible  and  sustainable 
exploitation of the resources to the mutual benefit of the EC and the Republic of Seychelles.  

The  Commission  proposes  on  this  basis  that  the  Council  adopt  the  conclusion  of  this  new 
Fisheries Partnership Agreement between the EC and the Seychelles.  

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2006/0029 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the conclusion of the Fisheries Partnership Agreement between the 
European Community and the Republic of 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 Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

By  Council  Regulation  (EEC)  N°  1708/87  the  Community  approved  an  Agreement 
with the Republic of Seychelles on fishing off Seychelles3. Under that Agreement the 
two parties conducted negotiations to replace it by a Fisheries Partnership Agreement.  

Following  those  negotiations,  a  Fisheries  Partnership  Agreement  was  initialled  in 
March 2005. 

The  Fisheries  Partnership  Agreement  provides  for  improved  economic,  financial, 
technical and scientific cooperation in the fisheries sector with a view to guaranteeing 
the  conservation  and  sustainable  exploitation  of  resources,  as  well  as  partnerships 
between undertakings aimed at developing economic activities in the fisheries sector 
and related activities in the common interest. 

(4) 

That Agreement should be approved. 

(5) 

As a consequence of the entry into force of the new Agreement, Regulation (EEC) N° 
1708/87  will  become  obsolete  and  must  therefore  be  repealed  for  the  reasons  of 
clarity. 

1 
2 
3 

OJ L… 
OJ L… 
OJ L 119, 7.5.1987, p. 26. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The Fisheries Partnership Agreement between the European Community and the Republic of 
Seychelles  (hereafter  referred  to  as  “the  Agreement”)  is  hereby  approved  on  behalf  of  the 
Community. 

The text of the Agreement is attached to this Regulation. 

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

Article 2 

Regulation (EEC) N° 1708/87 is hereby repealed. 

Article3 

Article 4 

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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Fisheries Partnership Agreement 
between the European Community and the Republic of the Seychelles 

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community", and 

The  Republic  of  the  Seychelles,  hereinafter  referred  to  as  “Seychelles”,  hereinafter 
referred to as the "Parties", 

CONSIDERING the close working relationship between the Community and Seychelles, 
particularly in the context of the Cotonou Agreement, and their mutual desire to intensify 
that relationship, 

HAVING REGARD TO the United Nations Convention on the Law of the Sea, 

AWARE  of  the  importance  of  the  principles  established  by  the  Code  of  conduct  for 
responsible fisheries adopted at the FAO Conference in 1995, 

DETERMINED  to  cooperate,  in  their  mutual  interest,  in  promoting  the  introduction  of 
responsible fisheries to ensure the long-term conservation and sustainable exploitation of 
marine living resources, 

CONVINCED  that  such  cooperation  must  take  the  form  of  initiatives  and  measures 
which,  whether  taken  jointly  or  separately,  are  complementary,  consistent  with  policy 
and ensure synergy of effort, 

INTENDING, to these ends, to commence a dialogue with a view to defining a sectoral 
fisheries policy in Seychelles and identifying the appropriate means of ensuring that this 
policy  is  effectively  implemented  and  that  economic  operators  and  civil  society  are 
involved in the process, 

DESIROUS  of  establishing  terms  and  conditions  governing  the  fishing  activities  of 
Community  vessels  in  the  waters  of  Seychelles  and  Community  support  for  the 
introduction of responsible fishing in those waters, 

RESOLVED  to  pursue  closer  economic  cooperation  in  the  fishing  industry  and  related 
activities  through  the  setting  up  and  development  of  joint  enterprises  involving 
companies from both Parties, 

HEREBY AGREE AS FOLLOWS: 

Article 1 – Scope 

This Agreement establishes the principles, rules and procedures governing: 

– 

economic,  financial,  technical  and  scientific  cooperation  in  the  fisheries  sector 
with  a  view  to  introducing  responsible  fishing  in  the  waters  of  Seychelles  to 
guarantee  the  conservation  and  sustainable  exploitation  of  fisheries  resources, 
and developing the Seychelles fisheries sector; 

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– 

– 

– 

the  conditions  governing  access  by  Community  fishing  vessels  to  Seychelles’ 
waters; 

the  arrangements  for  policing  fisheries  in  Seychelles  waters  with  a  view  to 
ensuring that the above rules and conditions are complied with, the measures for 
the  conservation  and  management  of  fish  stocks  are  effective  and  illegal, 
unreported and unregulated fishing is prevented; 

partnerships between companies aimed at developing economic activities in the 
fisheries sector and related activities, in the common interest. 

For the purposes of this Agreement: 

Article 2 - Definitions 

a) 

b) 

c) 

d) 

e) 

1. 

2. 

3. 

4. 

“Seychelles authorities” means the Seychelles Fishing Authority;  

"Community authorities" means the European Commission;  

"Community vessel" means a fishing vessel flying the flag of a Member State of 
the Community and registered in the Community;  

"joint enterprise" means a commercial company set up in Seychelles by vessel 
owners or national enterprises from the Parties in order to engage in fishing or 
related activities;  

“Joint  Committee”  means  a  committee  made  up  of  representatives  of  the 
Community  and  Seychelles  whose  functions  are  described  in  Article  9  of  this 
Agreement. 

Article 3 – Principles and objectives underlying 
the implementation of this Agreement 

The  Parties  hereby  undertake  to  promote  responsible  fishing  in  the  waters  of 
Seychelles  based  on  the  principle  of  non-discrimination  between  the  different 
fleets  fishing  in  those  waters,  without  prejudice  to  the  agreements  concluded 
between developing countries within a geographical region, including reciprocal 
fisheries agreements. 

The Parties shall cooperate with a view to defining and implementing a sectoral 
fisheries  policy  in  Seychelles’  waters  and  shall  to  that  end  initiate  a  policy 
dialogue  on  the  necessary  reforms.  They  hereby  undertake  not  to  adopt 
measures in this area without first consulting each other. 

The  Parties  shall  also  cooperate  on  carrying  out  ex-ante,  ongoing  and  ex-post 
evaluations, both jointly and unilaterally, of measures, programmes and actions 
implemented on the basis of this Agreement. 

The  Parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance. 

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5. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

1. 

In  particular,  the  employment  of  Seychelles  seamen  on  board  of  Community 
vessels  shall  be  governed  by  the  International  Labour  Organisation  (ILO) 
Declaration on Fundamental Principles and Rights at Work, which shall apply as 
of right to the corresponding contracts and general terms of employment. 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. 

Article 4 – Statistical cooperation 

During  the  period  covered  by  this  Agreement,  the  Community  and  Seychelles 
shall  monitor  the  evolution  of  resources  in  Seychelles'  fishing  zone;  a  joint 
scientific  meeting  shall  be  held  annually  to  that  end,  alternately  in  the 
Community and in Seychelles.  

Based on the conclusions of the annual scientific meeting and the best available 
scientific advice, the Parties shall consult each other within the Joint Committee 
provided  for  in  Article  9  and,  where  necessary  and  by  mutual  agreement,  take 
measures to ensure the sustainable management of fisheries resources. 

The Parties hereby undertake to consult each other, either directly or within the 
Indian  Ocean  Tuna  Commission  (IOTC),  to  ensure  the  management  and 
conservation  of  living  resources  in  the  Indian  Ocean  and  to  cooperate  in  the 
relevant scientific research. 

Article 5 – Access by Community vessels  
to the fisheries in Seychelles’ waters 

Seychelles  hereby  undertakes  to  authorise  Community  vessels  to  engage  in 
fishing  activities  in  its  fishing  zone  in  accordance  with  this  Agreement, 
including the Protocol and Annex thereto. 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws 
and regulations in force in Seychelles. The Seychelles authorities shall notify the 
Commission of any amendments to that legislation. 

Seychelles  shall  assume  responsibility  for  the  effective  application  of  the 
fisheries  monitoring  provisions  in  the  Protocol.  Community  vessels  shall 
cooperate  with  the  Seychelles  authorities  responsible  for  carrying  out  such 
monitoring. 

The Community hereby undertakes to take all the appropriate steps required to 
ensure that its vessels comply with this Agreement and the legislation governing 
fisheries in the waters over which Seychelles has jurisdiction. 

Article 6 - Licences 

Community  vessels  may  fish  in  Seychelles’s  fishing  zone  only  if  they  are  in 
possession of a fishing licence issued under this Agreement. 

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2. 

1. 

2. 

3. 

The procedure for obtaining a fishing licence for a vessel, the taxes applicable 
and the method of payment to be used by ship-owners shall be as set out in the 
Annex to the Protocol. 

Article 7 – Financial contribution 

The Community shall pay Seychelles a financial contribution in accordance with 
the  terms  and  conditions  laid  down  in  the  Protocol  and  Annexes.  This  single 
contribution shall be composed of two related elements, namely: 

a) 

b) 

access by Community vessels to the Seychelles’ fisheries, and 

the Community’s financial support for introducing responsible fishing and 
the sustainable exploitation of fisheries resources in Seychelles’ waters.  

The component of the financial contribution referred to in point (b) of paragraph 
1  shall  be  determined  and  managed  in  the  light  of  objectives  identified  by 
common  accord  between  the  Parties  in  accordance  with  the  Protocol,  to  be 
achieved  in  the  context  of  the  sectoral  fisheries  policy  in  Seychelles  and  an 
annual and multi-annual programme for its implementation. 

The financial contribution granted by the Community shall be paid each year in 
accordance with the Protocol and subject to this Agreement and the Protocol in 
the event of any change to the amount of the contribution as a result of: 

a) 

b) 

c) 

d) 

e) 

f) 

serious  circumstances,  other  than  natural  phenomena,  preventing  fishing 
activities in Seychelles’ waters; 

a  reduction  in  the  fishing  opportunities  granted  to  Community  vessels, 
made  by  mutual  agreement  between  the  Parties  for  the  purposes  of 
managing the stocks concerned, where this is considered necessary for the 
conservation and sustainable exploitation of resources on the basis of the 
best available scientific advice; 

an  increase  in  the  fishing  opportunities  granted  to  Community  vessels, 
made  by  mutual  agreement  between  the  Parties  where  the  best  available 
scientific advice concurs that the state of resources so permits; 

a  reassessment  of  the  terms  of  Community  financial  support  for 
implementing  a  sectoral  fisheries  policy  in  Seychelles,  where  this  is 
warranted  by  the  results  of  the  annual  and  multi-annual  programming 
observed by both Parties; 

termination of this Agreement under Article 12. 

suspension of the application of this Agreement under Article 13. 

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Article 8 – Promoting cooperation  
among economic operators and in civil society  

1. 

2. 

3. 

4. 

The  Parties  shall  encourage  economic,  commercial,  scientific  and  technical 
cooperation  in  the  fisheries  sector  and  related  sectors.  They  shall  consult  one 
another with a view to coordinating the different measures that might be taken to 
this end. 

The Parties shall encourage exchanges of information on fishing techniques and 
gear, preservation methods and the industrial processing of fisheries products. 

The Parties shall endeavour to create conditions favourable to the promotion of 
relations  between  enterprises  from  the  Parties  in  the  technical,  economic  and 
commercial  spheres,  by  encouraging  the  establishment  of  an  environment 
favourable to the development of business and investment. 

The  Parties  shall  encourage,  in  particular,  the  setting-up  of  joint  enterprises  in 
their  mutual  interest.  The  creation  of  joint  enterprises  in  Seychelles  and  the 
transfer  of  Community  vessels  to  joint  enterprises  shall  systematically  comply 
with the Seychelles and the Community legislation. 

Article 9 – Joint Committee 

1. 

A Joint Committee shall be set up to monitor the application of this Agreement. 
The Joint Committee shall perform the following functions: 

a)  monitoring 

the  performance, 

the 
Agreement and, in particular, the definition of the annual and multi-annual 
programming  referred 
its 
implementation;  

in  Article  7(2)  and  evaluation  of 

interpretation  and  application  of 

to 

b) 

c) 

d) 

providing  the  necessary  liaison  for  matters  of  mutual  interest  relating  to 
fisheries;  

acting as a forum for the amicable settlement of any disputes regarding the 
interpretation or application of the Agreement;  

reassessing,  where  necessary,  the  level  of  fishing  opportunities  and, 
consequently, of the financial contribution; 

e) 

any other function which the Parties decide on by mutual agreement. 

2. 

The  Joint  Committee  shall  meet  at  least  once  a  year,  alternately  in  the 
Community  and  in  Seychelles,  and  shall  be  chaired  by  the  Party  hosting  the 
meeting. It shall hold a special meeting at the request of either of the Parties. 

Article 10 – Geographical area to which the Agreement applies 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty 
establishing  the  European  Community  applies,  under  the  conditions  laid  down  in  that 
Treaty and, on the other, to the territory of Seychelles. 

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Article 11 – Duration 

This Agreement shall apply for six years from the date of its entry into force; it shall be 
renewable  for  additional  periods  of  six  years,  unless  notice  of  termination  is  given  in 
accordance with Article 12. 

1. 

2. 

3. 

4. 

1. 

2. 

Article 12– Termination 

This  Agreement  may  be  terminated  by  either  Party  in  the  event  of  serious 
circumstances such as the degradation of the stocks concerned, the discovery of 
a  reduced  level  of  exploitation  of  the  fishing  opportunities  granted  to 
Community vessels, or failure to comply with undertakings made by the Parties 
with regard to combating illegal, unreported and unregulated fishing. 

The  Party  concerned  shall  notify  the  other  Party  of  its  intention  to  withdraw 
from the Agreement in writing at least six months before the date of expiry of 
the initial period or each additional period.  

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 
consultations by the Parties. 

Payment  of  the  financial  contribution  referred  to  in  Article  7  for  the  year  in 
which the termination takes effect shall be reduced proportionately and pro rata 
temporis. 

Article 13 – Suspension 

Application of this Agreement may be suspended at the initiative of one of the 
Parties in the event of a serious disagreement as to the application of provisions 
laid down in the Agreement. Such suspension shall require the Party concerned 
to notify its intention in writing at least three months before the date on which 
suspension is due to take effect. On receipt of this notification, the Parties shall 
enter into consultations with a view to resolving their differences amicably. 

Payment  of  the  financial  contribution  referred  to  in  Article  7  shall  be  reduced 
proportionately  and  pro  rata  temporis,  according  to  the  duration  of  the 
suspension. 

Article 14- Protocol and Annex 

The Protocol and the Annex shall form an integral part of this Agreement. 

Article 15 –Abrogation and transitory provisions 

1. 

This  Agreement  repeals  and  replaces  the  Agreement  between  the  European 
Economic Community and the Republic of Seychelles on fishing off Seychelles 
of 1987 by the date of its entry into force.  

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2. 

However,  the  Protocol  defining  for  the  period  from  18  January  2005  to  17 
January 2011 the fishing possibilities and the financial contribution provided for 
by  the  Agreement  between  the  European  Economic  Community  and  the 
Republic of Seychelles on fishing off Seychelles remains into force during the 
period  indicated  in  its  Article  1  and  becomes  and  integral  part  of  this 
Agreement.  

Article 16 – Entry into force 

This Agreement, drawn up in duplicate in the Czech, Estonian, Danish, Dutch, English, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese, 
Polish,  Portuguese,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  these 
texts being equally authentic, shall enter into force on the date on which the Parties notify 
one other that their adoption procedures have been completed. 

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