Proposal for a Council Decision on the signing, on behalf of the European Community, and the provisional application of the Agreement in the form of an Exchange of Letters on the amendments to 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
Date: 2007-10-31
Institutions: European Commission
Subjects: Seychelles, agreement (EU), financial compensation of an agreement, fishing agreement, fishing regulations, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.10.2007 
COM(2007) 665 final 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Community, and the provisional application of 
the Agreement in the form of an Exchange of Letters on the amendments to 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 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The purpose of this proposal is to amend the existing Protocol to the Agreement on cooperation 
in the sea fisheries sector between the European Community and the Republic of Seychelles. 

Following  the  meeting  of  the  EC/Seychelles  Joint  Committee  in  January 2007,  it  was  decided 
that  the  two  Parties  would  organise  a  meeting  of  the  Joint  Committee  in  accordance  with 
Article 11  of  the  Protocol  and  Article  9  of  the  Agreement  in  order  to  submit  proposals  for 
amendments to the Protocol. These were discussed at the meeting of the Joint Committee held 
on  20-21  March  in  Brussels.  The  amendments  which  have  been  negotiated  increase  the 
reference tonnage from 55 000 tonnes to 63 000 tonnes, taking account of the average level of 
catches over the past three years, introduce financial support for the partnership and increase 
the share paid by shipowners from EUR 25 to EUR 35 per tonne to  bring the Protocol into 
line  with  other  tuna  agreements.  The  Community  contribution  is  therefore  reduced  from 
EUR 75  to  EUR  65  per  tonne.  The  total  financial  contribution  therefore  increases  from 
EUR 4 125 000  to  EUR 5 355  000  and  the  estimated  fee  payable  by  shipowners  from 
EUR 1 375 000 to EUR 2 205 000. 

This amended Protocol is to be applied provisionally from 18 January 2008 pending its entry 
into force in accordance with Article 13 thereof. 

The  Commission  proposes  on  this  basis  that  the  Council  adopt  by  Decision  the  provisional 
application of the Agreement in the form of an Exchange of Letters pending its definitive entry 
into force. 

A  proposal  for  a  Council  Decision  on  the  conclusion  of  the  Agreement  in  the  form  of  an 
Exchange of Letters on the amendments to the Protocol is the subject of a separate procedure. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Community, and the provisional application of 
the Agreement in the form of an Exchange of Letters on the amendments to 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 

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) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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  was  adopted  by  Council  Regulation  (EC)  No  115/2006  on 
23 January 2006. 

In  view  of  the  extremely  good  utilisation  of  the  current  fisheries  Agreement,  the 
Seychelles  authorities’  wish  to  strengthen  the  partnership  and  the  Community 
authorities’  desire  to  bring  this  Protocol  into  line  with  other  tuna  protocols,  the  two 
Parties have initialled amendments to the existing Protocol in the form of an Exchange 
of Letters. The outcome of these amendments has been the subject of an Exchange of 
Letters and involves an increase in the reference tonnage, the introduction of financial 
support  for  the  partnership  and  adjustment  of  the  ratio  between  the  shares  paid  by 
shipowners and the Community budget. 

In order for these amendments to the current Protocol to apply from 18 January 2008, 
the  Agreement  in  the  form  of  an  Exchange  of  Letters  should  be  signed,  pending  a 
definitive decision, subject to its definitive conclusion by the Council. 

These  amendments  do  not  alter  the  allocation  of  fishing  opportunities  among  the 
Member States, 

1 

OJ C […] of […] p. […]. 

EN 

3 

   EN 

 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

The signature of the Agreement in the form of an Exchange of Letters amending 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  on  cooperation  in  the  sea 
fisheries sector between the European Community and the Republic of Seychelles is hereby 
approved by the Council on behalf of the Community. 

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Agreement in the form of an Exchange of Letters on behalf of the Community subject 
to its conclusion. 

The  Agreement  in  the  form  of  an  Exchange  of  letters  shall  be  applied  provisionally  by  the 
Community from 18 January 2008. 

Article 3 

Article 4 

The  fishing  opportunities  set  out  in  the  Protocol  and  laid  down  in  Regulation  (EC) 
No 115/2006 on 23 January 2006 shall not be amended and are confirmed as follows: 

Types of fishing 

Member State 

Fishing opportunities 

Tuna seiners 

Surface longliners 

France 

Spain 

Italy 

Spain 

France 

Portugal 

17 vessels 

22 vessels 

1 vessel 

2 vessels 

5 vessels. 

5 vessels. 

EN 

4 

   EN 

 
If  licence  applications  from  the  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. 

Done at Brussels,  

For the Council 
The President 

EN 

5 

   EN 

 
 
 
Agreement in the form of an Exchange of Letters on the provisional application of the 
amendments to 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 Fisheries Partnership Agreement between the European Economic Community 
and the Republic of Seychelles on fishing in Seychelles fishing zones  

A. Letter from the Government of the Republic of Seychelles: 

Sir, 

I  am  delighted  that  the  Republic  of  Seychelles  and  European  Community  negotiators  have 
been  able  to  reach  a  consensus  on  amendments  to  the  Protocol  setting  out  the  fishing 
opportunities and the financial contribution and its Annexes. 

The negotiations held in Brussels on 20-21 March 2007 have enabled adjustments to be made 
to  the  fishing  opportunities  provided  for  in  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  Fisheries  Partnership  Agreement  between  the  European  Economic 
Community  and  the  Republic  of  Seychelles  on  fishing  in  Seychelles  fishing  zones.  The 
amendments  made  to  this  Protocol  are  attached  hereto.  The  amended  Protocol  having  been 
initialled  by  the  two  Parties  on  21  March  2007,  I  would  propose  continuing  in  parallel  the 
procedures for approval and/or ratification of the texts of the amended Protocol and its Annex 
and Appendices in accordance with the procedures in force in the Republic of Seychelles and 
in the European Community and necessary to their entry into force. 

In order to avoid interrupting fishing activities by Community vessels in Seychelles waters, 
and referring to the Protocol amended on 21 March 2007 and setting out, for the period from 
18 January 2008 to 17 January 2011, the fishing opportunities and the financial contribution, I 
have the honour to inform you that the Government of the Republic of Seychelles is willing to 
apply this amended Protocol provisionally from 18 January 2008 pending its entry into force 
in  accordance  with  Article 13  of  the  Protocol,  provided  that  the  European  Community  is 
prepared to do likewise. 

This is on the understanding that the amended financial contribution laid down by Article 2 of 
the  amended  Protocol  shall  be  paid  when  the  two  Parties  notify  each  other  that  they  have 
completed  the  procedures  necessary  to  the  entry  into  force  of  the  Protocol  and  its  amended 
Annexes. 

I should be grateful if you would confirm the agreement of the European Community to such 
a provisional application. 

Please accept, Sir, the assurance of my highest consideration. 

For the Government of the Republic of Seychelles 

EN 

6 

   EN 

 
B. Letter from the European Community 

Sir, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today’s  date  which  reads  as 
follows: 

“Sir, 

I  am  delighted  that  the  Republic  of  Seychelles  and  European  Community  negotiators  have 
been  able  to  reach  a  consensus  on  amendments  to  the  Protocol  setting  out  the  fishing 
opportunities and the financial contribution and its Annexes. 

The negotiations held in Brussels on 20-21 March 2007 have enabled adjustments to be made 
to  the  fishing  opportunities  provided  for  in  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  Fisheries  Partnership  Agreement  between  the  European  Economic 
Community  and  the  Republic  of  Seychelles  on  fishing  in  Seychelles  fishing  zones.  The 
amendments  made  to  this  Protocol  are  attached  hereto.  The  amended  Protocol  having  been 
initialled  by  the  two  Parties  on  21  March  2007,  I  would  propose  continuing  in  parallel  the 
procedures for approval and/or ratification of the texts of the amended Protocol and its Annex 
and Appendices in accordance with the procedures in force in the Republic of Seychelles and 
in the European Community and necessary to their entry into force. 

In order to avoid interrupting fishing activities by Community vessels in Seychelles waters, 
and referring to the Protocol amended on 21 March 2007 and setting out, for the period from 
18 January 2008 to 17 January 2011, the fishing opportunities and the financial contribution, I 
have the honour to inform you that the Government of the Republic of Seychelles is willing to 
apply this amended Protocol provisionally from 18 January 2008 pending its entry into force 
in  accordance  with  Article 13  of  the  Protocol,  provided  that  the  European  Community  is 
prepared to do likewise. 

This is on the understanding that the amended financial contribution laid down by Article 2 of 
the  amended  Protocol  shall  be  paid  when  the  two  Parties  notify  each  other  that  they  have 
completed  the  procedures  necessary  to  the  entry  into  force  of  the  Protocol  and  its  amended 
Annexes. 

I should be grateful if you would confirm the agreement of the European Community to such 
a provisional application. 

Please accept, Sir, the assurance of my highest consideration. 

For the Government of the Republic of Seychelles”. 

EN 

7 

   EN 

 
I  am  pleased  to  confirm  the  agreement  of  the  European  Community  to  a  provisional 
application. 

Please accept, Sir, the assurance of my highest consideration. 

For the Council of the European Union 

EN 

8 

   EN 

 
Annex to the Exchange of Letters 

Amendments to 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 

Article 2 of the Protocol is replaced by the following: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 2 
Financial contribution — Methods of payment 

For  the  period  referred  to  in  Article 1,  the  financial  contribution  referred  to  in 
Article 7  of  the  Agreement  shall  be  EUR  24 750 000.  From  18  January  2008,  the 
financial  contribution  shall  be  amended  and  shall  be  EUR 28  440  000  for  the 
duration of the Protocol.  

Paragraph 1 shall apply subject to Articles 4, 5, 6, 7 and 8 of this Protocol. 

The financial contribution referred to in paragraph 1 shall be paid by the Community 
at a rate of EUR 4 125 000 per year during the first three years of the Protocol. From 
18 January 2008, the financial contribution referred to in paragraph 1 shall be paid by 
the  Community  at  a  rate  of  EUR 5  355  000  per  year.  The  financial  contribution 
applicable from 18 January 2008 shall comprise an annual amount of EUR 4 095 000 
equivalent to a reference tonnage of 63 000 tonnes per year and a specific amount of 
EUR 1 260 000 per year for the support and implementation of Seychelles’ sectoral 
fisheries policy. This specific amount shall be an integral part of the single financial 
contribution defined in Article 7 of the Agreement. 

If the overall quantity of catches of tuna by Community vessels in Seychelles waters 
exceeds 63 000 tonnes per year, the amount of the annual financial contribution shall 
be increased by EUR 65 for each additional tonne caught. However, the total annual 
amount paid by the Community shall not be more than twice the amount indicated in 
paragraph 3 (EUR 10 710 000). Where the quantities caught by Community vessels 
exceed the quantities corresponding to twice the total annual amount, the amount due 
for the quantity exceeding that limit shall be paid the following year.  

Payment  shall  be  made  no  later  than  30  September  2005  for  the  first  year, 
30 September 2008 for the fourth year and no later than the anniversary date of the 
Protocol for the following years. 

Subject to Article 7, Seychelles shall have full discretion regarding the use to which 
this financial contribution is put. 

The  financial  contribution  shall  be  paid  into  a  Seychelles  Public  Treasury  account 
opened with the Central Bank of Seychelles. The account number shall be specified 
by the Seychelles authorities.  

EN 

9 

   EN 

 
Article 7 of the Protocol is replaced by the following: 

Article 7 
Promotion of responsible fishing and sustainable fisheries in Seychelles waters 

1. 

Not less than 56% of the financial contribution paid each year from 18 January 2008 
and  referred  to  in  Article  2(3)  shall  be  allocated  to  the  drawing  up  and 
implementation of a sectoral fisheries policy in Seychelles with a view to promoting 
responsible  and  sustainable  fishing  in  Seychelles  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.  

Paragraphs 2, 3, 4 and 5: no change. 

EN 

10 

   EN 

 
Amendments to the Annex to the Protocol 

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

CHAPTER I - APPLICATION FOR AND ISSUE OF LICENCES is hereby replaced as follows: 

Chapter I - Application for and issue of licences 

Section 1 
 Issue of licences 

1 to 10:  No change. 

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 with similar characteristics to those of the first 
vessel,  with  no  further  fee  due.  However,  if  the  gross  tonnage  (GT)  of  the 
replacement  vessel  is  above  that  of  the  vessel  to  be  replaced,  the  difference  in  fee 
shall be paid pro rata temporis. 

12 to 14: No change. 

Section 2 
 Licence conditions - fees and advance payments 

Licences shall be valid for one year and are renewable. 

From 18 January 2008 the fee shall be EUR 35 per tonne caught within Seychelles 
waters. 

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

- 

- 

- 

EUR 21 000 for tuna seiners, equivalent to the fees due for 600 tonnes of tuna 
and tuna-like species caught within Seychelles waters per year, 

EUR 4 200 for surface longliners of more than 250 GT, equivalent to the fees 
due  for  120  tonnes  of  tuna  and  tuna-like  species  caught  within  Seychelles 
waters per year, 

EUR 3 150 for surface longliners of 250 GT or less, equivalent to the fees due 
for 90 tonnes of tuna and tuna-like species caught within Seychelles waters per 
year. 

No change.  

No change.  

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 

1. 

2. 

3. 

4. 

5. 

6. 

EN 

11 

   EN 

 
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,  who  shall  inform  the 
Commission  thereof,  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. 

8. 

9. 

No change.  

No change.  

No change. 

CHAPTER VI – OBSERVERS is hereby replaced as follows: 

Chapter VI - Observers 

1. 

Vessels  authorised  to  fish  in  Seychelles  waters  under  the  Agreement  shall  take  on 
board  observers  appointed  by  the  competent  regional  fisheries  organisation, 
following agreement between the Parties, or failing this by the Seychelles authorities 
on the terms set out below. 

1.1 to 14: No change.  

EN 

12 

   EN