Fisheries Partnership Agreement between the European Community and the Republic of the Seychelles
Date: 2007-02-28
Institutions: European Community, Seychelles
Subjects: Seychelles, agreement (EU), catch area, catch quota, fishing agreement, fishing rights, sea fishing

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Official Journal of the European Union

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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

vation and sustainable exploitation of
and developing the Seychelles fisheries sector,

fisheries resources,

This Agreement establishes the principles, rules and procedures
governing:

— the conditions governing access by Community fishing

vessels to Seychelles’ waters,

— 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 conser-

— 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, unre-
ported and unregulated fishing is prevented,

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— partnerships between companies

economic activities
activities, in the common interest.

in the fisheries

aimed at developing
sector and related

Article 2

Definitions

For the purposes of this Agreement:

(a)

‘Seychelles
Authority;

authorities’, means

the

Seychelles

Fishing

(b) ‘Community authorities’ means the European Commission;

(c)

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

In particular, the employment of Seychelles seamen on
5.
board of Community vessels shall be governed by the Interna-
tional 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
1.
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.

(d) ‘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;

2.
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.

(e)

‘Joint Committee’ means a committee made up of represen-
tatives 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

1.
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.

2.
The Parties shall cooperate with a view to defining and
implementing a sectoral fisheries policy in Seychelles’ waters
to that end initiate a policy dialogue on the
and shall
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,
3.
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

4.
this
Agreement is implemented in accordance with the principles
of good economic and social governance.

to ensure

that

3.
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
1.
vessels to engage in fishing activities in its fishing zone in
accordance with this Agreement,
including the Protocol and
Annex thereto.

2.
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
3.
application of
in the
the fisheries monitoring provisions
Protocol. Community vessels shall cooperate with the Seychelles
authorities responsible for carrying out such monitoring.

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The Community hereby undertakes to take all the appro-
4.
priate steps required to ensure that its vessels comply with this
Agreement and the legislation governing fisheries in the waters
over which Seychelles has jurisdiction.

(c) an increase

in the

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

the best

scientific

available

Article 6

Licenses

Community vessels may fish in Seychelles' fishing zone
they are in possession of a fishing licence issued

1.
only if
under this Agreement.

(d) 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;

(e)

termination of this Agreement under Article 12;

2.
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.

(f)

suspension of
Article 13.

the application of

this Agreement under

Article 7

Financial contribution

Article 8

Promoting cooperation among economic operators and in
civil society

The Community shall pay Seychelles a financial contri-
1.
bution 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) access by Community vessels to the Seychelles’ fisheries; and

(b) the Community’s

introducing
responsible fishing and the sustainable exploitation of
fisheries resources in Seychelles’ waters.

financial

support

for

2.
The component of the financial contribution referred to in
point (a) 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.

3.
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) serious

circumstances, other

than natural phenomena,

preventing fishing activities in Seychelles’ waters;

(b) a

reduction in the

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

is considered necessary for

for

shall

The Parties

1.
commercial,
encourage
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.

economic,

The Parties shall encourage exchanges of information on
2.
fishing techniques and gear, preservation methods and the
industrial processing of fisheries products.

3.
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.

4.
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
systematically comply with the
Seychelles and the Community legislation.

shall

Article 9

Joint Committee

1.
A Joint Committee shall be set up to monitor the appli-
cation of this Agreement. The Joint Committee shall perform
the following functions:

(a) monitoring the performance, interpretation and application
of the Agreement and,
in particular, the definition of the
annual and multi-annual programming referred to in Article
7(2) and evaluation of its implementation;

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(b) providing the necessary liaison for matters of mutual

interest relating to fisheries;

Payment of

the financial contribution referred to in
4.
Article 7 for the year in which the termination takes effect
shall be reduced proportionately and pro rata temporis.

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

(d) reassessing, where necessary, the level of fishing opportu-
nities 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, alter-
nately 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.

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.

Article 12

Termination

1.
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 exploi-
tation 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 unre-
gulated fishing.

The Party concerned shall notify the other Party of its
2.
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

3.
paragraph shall open consultations by the Parties.

Article 13

Suspension

1.
Application of this Agreement may be suspended at the
the Parties in the event of a serious
initiative of one of
disagreement as to the application of provisions laid down in
the Party
the Agreement. Such suspension shall
require
concerned to notify its intention in writing at
three
least
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
2.
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

This Agreement

repeals and replaces
European Economic Community

the Agreement
1.
between the
the
and
Republic of Seychelles on fishing off Seychelles of 1987 by
the date of its entry into force.

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
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.

European Economic Community

and

Article 16

Entry into force

Italian,

This Agreement, drawn up in duplicate in the Czech, Estonian,
French, German, Greek,
Danish, Dutch, English,
Finnish,
Hungarian,
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.

Lithuanian, Maltese,

Latvian,