Proposal for a Council Regulation on the conclusion 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 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, ratification of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.10.2007 
COM(2007) 664 final 

2007/0232(CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion 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 Community and the Republic of Seychelles 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  purpose  of  this  proposal  is  to  amend  the  existing  Protocol  to  the  Fisheries  Partnership 
Agreement 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 this Agreement in the form of 
an Exchange of Letters on the amendments to the Protocol. 

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

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2007/0232 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion 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 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) 

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. 

Under Article 9 of the Agreement, the European Community and Seychelles have held 
a meeting of the Joint Committee. 

Following  this  meeting  of  the  Joint  Committee,  amendments  have  been  made  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  initialled  on  23 September 2004  and  adopted  by  Regulation 
(EC) No 115/2006 on 23 January 2006. 

(4) 

It is in the Community’s interest to approve these amendments to the Protocol, 

1 
2

OJ C […]. 
OJ C […]. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

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 maritime Fisheries Partnership Agreement between 
the European Community and the Republic of Seychelles is hereby approved on behalf of the 
Community. 

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

Article 2 

The  fishing  opportunities  set  out  in  the  Protocol  and  laid  down  in  Regulation  (EC) 
No 115/2006 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. 

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. 

Article 3 

The Member States whose vessels fish under this Agreement shall notify the Commission of 
the  quantities  of  each  stock  caught  within  the  Seychelles  fishing  zone  in  accordance  with 
Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for 
the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken 
by Community fishing vessels in third country waters and on the high seas3. 

3 

OJ L 73, 15.3.2001, p. 8. 

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

Article 4 

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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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 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 

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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”. 

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

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

For the Council of the European Union 

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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.  

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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. 

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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. 

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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.  

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF THE PROPOSAL: 

Proposal for a Council Regulation on the conclusion 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 Community and 
the Republic of Seychelles 

2. 

ABM  /  ABB  FRAMEWORK  (ACTIVITY-BASED  MANAGEMENT/ESTABLISHMENT 
OF THE BUDGET) 

11. Fisheries  

1103. International Fisheries Agreements  

3. 

BUDGET LINES 

3.1 

Budget lines: 

110301: International fisheries agreements 

11010404:  International  fisheries  agreements  —  Expenditure  on  administrative 
management 

3.2 

Duration of the action and of the financial impact: 

In  accordance  with  Article  11  of  the  Protocol  and  Article  9  of  the  Agreement,  a 
meeting  of  the  Joint  Committee  was  held  in  order  to  amend  the  provisions  of  the 
Protocol  setting  out,  for  the  period  from  18  January  2005  to  17 January  2011,  the 
fishing  opportunities  and  the  financial  contribution  provided  for  by  the  Agreement 
between the European Economic Community and the Republic of Seychelles. 

This amended Protocol will enter into force provisionally from 18 January 2008, for 
the final three years of the Protocol, pending its entry into force in accordance with 
Article 13 thereof. 

The  Protocol  sets  out  the  financial  contribution,  the  fishing  categories  and  the 
conditions  governing  the  fishing  activities  of  Community  vessels  in  Seychelles 
fishing zones. 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contribution
s from 
applicant 
countries 

Heading in 
financial 
perspective 

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11.0301 

Comp. 

Diff.4 

NO 

NO 

NO 

No 2 

11.010404 

Comp. 

Non-diff.5 

NO 

NO 

NO 

No 2 

4. 

SUMMARY OF RESOURCES 

4.1 

Financial resources 

4.1.1 

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

Type of 
expenditure 

Section 
No 

Operational expenditure6 

Commitment 
appropriations (CA) 

8.1 

Payment 
appropriations (PA) 

a 

7 

b  See 
foot
note 
7. 

EUR million (to four decimal places) 

2008 

2009 

2010 

Total 

5.3550 

5.3550 

5.3550 

16.0650 

5.3550 

5.3550 

5.3550 

16.0650 

Other administrative expenditure included in reference amount8 

Technical 
administrative 
assistance (non-diff.) 

and 

8.2.4 

c 

0.0351 

0.0351 

0.0751 

0.1453 

TOTAL REFERENCE AMOUNT 

4 

5 
6 
7 

8 

Differentiated appropriations. 
Non-differentiated appropriations. 
Expenditure that does not fall under Chapter 11 01 of the Title 11 concerned 
Under the Protocol, the fishing opportunities may be increased by mutual agreement provided that the 
conclusions  of  the  joint  meeting  of  experts  confirm  that  such  an  increase  will  not  compromise  the 
sustainable management of Seychelles’ resources. In this case the financial contribution referred to in 
Article 2(1) of the Protocol shall be increased proportionately and pro rata temporis. However, the total 
amount of the financial contribution paid by the European Community shall not be more than twice the 
amount indicated in Article 2(3) (EUR 10 710 000). Where the quantities caught by Community vessels 
exceed the quantities corresponding to twice the total amount of the financial contribution, the Parties 
shall consult each other as quickly as possible in order to fix the amount due for the quantity exceeding 
that limit (subject to budget availability). 
Expenditure within Chapter 11 01 04 of Title 11. 

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Commitment 
appropriations 

Payment 
appropriations 

See 
foot
note 
7. 

See 
foot
note 
7. 

a 
+

c 

b

+

c 

5.3901 

5.3901 

5.4301 

16.2103 

5.3901 

5.3901 

5.4301 

16.2103 

Other administrative expenditure not included in reference amount9 

8.2.5 

8.2.6 

d 

e 

Human  resources  and 
associated  expenditure 
(non-diff.) 

than 

costs 
Administrative 
human 
other 
resources 
and 
associated  expenditure, 
not 
in 
included 
reference amount  

Total indicative cost of action 

Total CA 

including 
cost 
human resources 

of 

Total PA 

including 
cost 
human resources 

of 

See 
foot
note 
7. 

See 
foot
note 
7. 

a 
+

c 
+

d

+

e 

b

+

c 
+

d

+

e 

0.0644 

0.0644 

0.0644 

0.0120 

0.0120 

0.0120 

0.1932 

0.0360 

5.4665 

5.4665 

5.5065 

16.4395 

5.4665 

5.4665 

5.5065 

16.4395 

Part-financing details: no part-financing 

EUR million (to three decimal places) 

9 

Expenditure within Chapter 11 01 other than Article 11 01 04. 

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Part-financing 
body 

f 

TOTAL 
including 
financing 

CA 
part-

a + c + 
d + e + 
f 

2008 

2009 

2010 

Total 

5.4665 

5.4665 

5.5065 

16.4395 

4.1.2  Compatibility with financial programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement10 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3 

Financial impact on revenue 

X 

Proposal has no financial impact on revenue 

(cid:133) 

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

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

Budget 
line 

Revenue 

Prior 
action 
[Year 
 1] 

to 

n -

[Year 
n] 

EUR million (to one decimal place) 

Situation following action 

[n + 1] 

[n + 2] 

[n + 3] 

[n + 4] 

a)  Revenue  in 
absolute terms 

b)  Change 
revenue 

in 

 ∆ 

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

10 

See points 19 and 24 of the Interinstitutional Agreement. 

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4.2 

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

Annual requirements 

2008 

2009 

2010 

Total number of human 
resources 

0.85 

0.85 

0.85 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1 

Need to be met in the short or long term 

The main objective of the amendments made to the Protocol is to: 

–  increase  the  reference  tonnage  from  55  000  tonnes  to  63  000  tonnes  to  take 

account of the average level of catches over the past three years;  

–  introduce the financial support for the partnership which was not introduced in the 
previous negotiations (prior to the Council Conclusions of July 2004 on Fisheries 
Partnership Agreements); 

–  increase the share paid by shipowners from EUR 25 to EUR 35 per tonne to bring 
the Protocol into line with other tuna agreements, hence reducing the Community 
contribution from EUR 75 to EUR 65 per tonne; 

–  fishing opportunities remain unchanged: 40 tuna seiners and 12 surface longliners; 

–  the  annual  financial  contribution  increases  from  EUR 4 125 000  in  the  current 

Protocol to EUR 5 355 000 in the amended Protocol;  

–  advances  and  fees  payable  by  shipowners:  EUR  35  (compared  with  EUR  25 
previously) per tonne of tuna. The advances are fixed at EUR 21 000 per year per 
tuna  seiner,  EUR 4 200  per  year  per  surface  longliner  over  250  GT  and 
EUR 3 150 per year per surface longliner of 250 GT or less. 

5.2 

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

These  amendments  help  bring  this  FPA  into  line  with  other  FPAs  in  the  Indian 
Ocean subregion. If the Community does not act, then private agreements will spring 
up which would not guarantee sustainable fisheries.  

5.3 

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

Fisheries agreements with third countries meets the general objective of maintaining 
and safeguarding the traditional fishing activities of the Community fleet, including 
the distant-water fleet, and developing relations in a spirit of partnership with a view 
to strengthening the sustainable exploitation of fishery resources outside Community 
waters, taking account of environmental, social and economic concerns. 

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The following indicators will be used in the context of the ABM for the purposes of 
monitoring implementation of the Agreement: 

• 
• 

• 
• 
• 

• 

monitoring the utilisation rate of the fishing opportunities; 
gathering  and  analysing  data  on  catches  and  the  commercial  value  of  the 
Agreement; 
contribution to employment and value-added in the Community; 
contribution to stabilising the Community market; 
contribution to the general objectives of economic development and reducing 
poverty in Seychelles, including the contribution to employment, development 
of infrastructure and support for the State budget; 
number of technical meetings and meetings of the Joint Committee. 

5.4 

Method of implementation (indicative) 

Indicate below the method(s)11 of implementation chosen. 

X 

Centralised management 

X 

directly by the Commission 

(cid:133) 

indirectly 

Shared or decentralised management 

Joint management with international organisations (please specify) 

(cid:133) 

(cid:133) 

6. 

MONITORING AND EVALUATION 

6.1 

Monitoring system 

The  Commission  (DG  FISH,  in  collaboration  with  the  Delegation  of  the  European 
Commission to Mauritius, Seychelles and Comoros) will ensure regular monitoring 
of the implementation of this Agreement, particularly in terms of its use by operators 
and catch data. 

6.2 

Assessment 

An evaluation was carried out on the Protocol, ending in September 2004, with the 
assistance of a consortium of independent consultants, with a view to the launch of 
negotiations  on  the  current  Protocol.  Since  then  two  complementary  studies  have 
been carried out to analyse Seychelles national fisheries policy (July 2006) and the 
Seychelles fisheries control and surveillance system (July 2006). 

6.2.1 

Ex-ante evaluation 

The  key  elements  of  the  evaluation  continue  to  apply,  in  particular  the  very 
satisfactory use of the fishing opportunities and of the level of the reference tonnage.  

11 

If more than one method is indicated, please give details in the “Comments” section under this point. 

EN 

18 

   EN 

 
                                                 
According  to  the  ex-ante  evaluation,  the  conclusion  of  the  new  Agreement  was 
beneficial for both sides. The amendments further consolidate this Agreement, which 
is  the  Community’s  biggest  tuna  agreement  with  a  third  country  in  terms  of  both 
reference  tonnage  and  financial  contribution  and  a  key  element  ensuring  the 
consistency and viability of other tuna agreements between the Community and other 
countries in the Indian Ocean (Madagascar, Comoros, Mauritius, Mozambique).  

- Added value of Community involvement:  

The  Community’s  return  on  its  investment  is  extremely  positive,  as  it  is  estimated 
that  each  euro  invested  by  the  Community  budget  allows  the  sector  to  generate  at 
least  EUR  4.80  in  value-added.  The  economic  rewards  for  Seychelles  are 
considerable,  and  the  presence  of  European  fleets  makes  a  very  significant 
contribution  to  a  Seychelles  economy  which  is  currently  in  difficulty.  Fishing 
activities  by  European  seiners  ensures  95%  of  tuna  supplies  to  the  local  cannery, 
which  is  the  country’s  leading  private  employer  with  around  2  500  jobs.  The 
Seychelles fisheries sector represents 15% of GDP (just behind tourism at 20%) and 
ensures  direct  and  indirect  employment  for  6  000  people,  or  17%  of  the  formal 
employment market. 

- Risks and alternative options: 

There  is  some  risk  in  setting  up  a  fisheries  protocol,  for  example  the  amounts 
intended  to  finance  the  sectoral  fisheries  policy  and  shipowners’  fees  might  not  be 
allocated  as  agreed  (fraud),  foreign  fleets  might  ignore  licences  and  other  controls. 
To  avoid  these  risks,  extensive  dialogue  is  guaranteed  on  the  programming  and 
implementation  of  the  sectoral  policy,  in  particular  in  the  field  of  control  and 
monitoring. Moreover, the undertaking made by States in the region in January 2007 
and  the  implementation  of  a  regional  fisheries  surveillance  plan  in  the  southwest 
Indian Ocean will allow surveillance resources to be pooled so as to combat illegal, 
unreported and unregulated fishing more effectively. Exploitation of tuna resources 
by  Community  vessels  does  not  appear  to  compromise  the  sustainability  of  Indian 
Ocean stocks. 

6.2.2 

Ex-ante  estimate  of  the  economic  value  of  the  Agreement  and  the  Community’s 
financial contribution 

The  Agreement  meets  a  need  of  Community  shipping  by  procuring  fishing 
opportunities  for  a  resource  which  is  spread  randomly  through  migration  across 
international  waters  and  coastal  states’  EEZ.  The  Seychelles  fishing  zone  is  the 
largest in the southwest Indian Ocean.  

The financial contribution granted by the Community under this amended Protocol is 
a  single  allocation  established  on  the  basis  of  an  annual  financial  envelope  of 
EUR 5 355 000 for the 2008-11 Protocol period. 

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

similar experiences in the past) 

The  reference  tonnage  has  been  increased  to  bring  it  more  into  line  with  average 
catch  over  the  past  three  years.  The  share  paid  by  shipowners  has  been  reassessed, 

EN 

19 

   EN 

 
while  the  Community  budget  share  has  been  reduced  to  bring  it  into  line  with  the 
reform  of  all  other  tuna  agreements.  Financial  support  has  been  introduced  for  the 
implementation  of  the  sectoral  fisheries  policy  in  order  to  strengthen  the  already 
wide  dialogue  on  that  policy,  in  particular  the  joint  annual  review  of  the  results  of 
scientific  research  and  of  conservation  of  resources,  upgrading  health  and  hygiene 
and improving the quality of fishery products, management of the small-scale fleet, 
of  surveillance  and  control  and  of  development, 
institutional 
consolidation. 

training  and 

6.2.4 

Terms and frequency of future evaluation 

Following on from the study finalised in September 2004 (cf. point 6.2), in order to 
ensure  sustainable  fishing  in  the  region,  an  evaluation  of  the  economic,  social  and 
environmental impact will be carried out before each future renewal of the Protocol. 
The indicators listed in point 5.3 will be used to carry out an ex-post evaluation.  

7. 

ANTI-FRAUD MEASURES 

The  use  to  which  the  financial  contribution  paid  by  the  Community  under  the 
Agreement  is  put  is  entirely  at  the  discretion  of  the  sovereign  third  country 
concerned. 

Nevertheless,  the  Commission  undertakes  to  try  and  establish  permanent  political 
dialogue and cooperation with a view to improving the management of the Protocol 
and  strengthening  the  Community’s  contribution  to  the  sustainable  management  of 
resources. 

In any case, any payment which the Commission makes under a Fisheries Agreement 
is subject to its standard rules and budgetary and financial procedures. This makes it 
possible, in particular, to fully identify the bank accounts of the third countries into 
which the financial contribution is paid. 

EN 

20 

   EN 

 
8. 

8.1 

DETAILS OF RESOURCES 

Objectives of the proposal in terms of their financial cost 

Commitments (in EUR million to four decimal places) 

2008 

2009 

2010 

TOTAL 

Type of output 

Number  of 
outputs 

Total 
cost 
for 
the 
Community 

Number  of 
outputs 

Total cost for 
the 
Community 

Number  of 
outputs 

Total cost for 
the 
Community 

Number  of 
outputs 

Total cost 

OPERATIONAL  OBJECTIVE  No 112:  To 
obtain  fishing  opportunities  in  exchange  for  a 
financial contribution 

Action 1 

Output 1 

Vessels/licences Quota 

52 

52 

52 

63 000 t 

4.0950 

63 000 t 

4.0950 

63 000 t 

4.0950 

156  

189 000 t 

12.2850 

OPERATIONAL  OBJECTIVE  No 2:  specific 
amount  per  year 
the  support  and 
for 
implementation  of  initiatives  taken  in  the 
context of Seychelles’ sectoral fisheries policy 

Action 2 

Output 2 

TOTAL 
COST13 

12 
13 

EN 

1. 2600 

1. 2600 

1. 2600 

3.7800 

5.3550 

5.3550 

5.3550 

16.0650 

As described in point 5.3. 
Under the Protocol, the fishing opportunities may be increased by mutual agreement provided that the conclusions of the joint meeting of experts confirm that such 
an  increase  will  not  compromise  the  sustainable  management  of  Seychelles’  resources.  In  this  case  the  financial  contribution  referred  to  in  Article  2(1)  of  the 
Protocol shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community shall not 
be more than twice the amount indicated in Article 2(3) (EUR 10 710 000). Where the quantities caught by Community vessels exceed the quantities corresponding 
to  twice  the  total  amount  of  the  financial  contribution,  the  Parties  shall  consult  each  other  as  quickly  as  possible  in  order  to  fix  the  amount  due  for  the  quantity 
exceeding that limit (subject to budget availability). 

21 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2 

ADMINISTRATIVE EXPENDITURE 

8.2.1  Number and type of human resources 

Types of 
post 

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

Officials 
and 
temporary 
staff14 
(11 01 01) 

A*/AD 

B*, 
C*/AST 

financed15  by 

Staff 
Art. 11 01 02 

Other  staff  financed16 
by Art. 11 01 04 04 

2008 

0.25 

2009 

0.25 

2010 

0.25 

0.3 

0.3 

0.3 

- 

- 

- 

0.3 

0.3 

0.3 

TOTAL 

0.85 

0.85 

0.85 

8.2.2  Description of tasks deriving from the action 

•  Assisting  the  negotiator  to  prepare  and  conclude  the  negotiation  of  fisheries 

agreements: 

– 

– 

– 

– 

taking  part  in  negotiations  with  third  countries  to  conclude  fisheries 
agreements; 

preparing  draft  evaluation  reports  and  negotiation  strategy  notes  for  the 
Commissioner; 

presenting  and  defending  the  Commission’s  position  in  the  Council’s 
“External Fisheries” Working Party; 

taking part in the search for a compromise with the Member States to be 
included in the final text of the Agreement. 

•  Monitoring the implementation of agreements: 

– 

– 

daily monitoring of fisheries agreements; 

preparing  and  checking  the  commitment  and  payment  of  the  financial 
contribution  and  targeted  measures  or  financing  for  the  development  of 
responsible fishing; 

14 
15 
16 

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

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
– 

– 

– 

– 

regular reporting on the implementation of agreements; 

evaluating agreements: scientific and technical aspects; 

preparing  the  draft  proposal  for a  Council  Regulation  and  Decision  and 
drafting the text of the agreement; 

launching and monitoring adoption procedures. 

•  Technical assistance: 

– 

preparing the Commission’s position for the Joint Committee. 

•  Inter-institutional relations 

– 

– 

representing 
Parliament and the Member States in the negotiation process; 

the  Commission  before 

the  Council, 

the  European 

writing  the  replies  to  oral  and  written  questions  from  the  European 
Parliament. 

•  Interdepartmental consultation and coordination: 

– 

– 

liaising  with  the  other  Directorates-General  on  matters  relating  to  the 
negotiation and monitoring of agreements; 

organising and responding to interdepartmental consultations. 

•  Evaluation: 

– 

– 

taking part in updating the impact assessment; 

analysing the achieved objectives and evaluation indicators. 

8.2.3 

Sources of human resources (statutory) 

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

X 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

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

Posts pre-allocated within the APS/PDB exercise for year 2006 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

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

EN 

23 

   EN 

 
8.2.4  Other administrative expenditure included in reference amount 

(11 01 04/05 – Expenditure on administrative management) 

(EUR)  

Budget line: 11010404 

2008 

2009 

2010 

TOTAL 

(number and heading) 

Technical 

1. 
administrative 
(including 
costs) 

related 

and 
assistance 
staff 

Executive agencies17 

Other 
administrative assistance: 

technical 

and 

- intra muros18 

35 100 

35 100 

35 100 

- extra muros19 

40 000 

Total 
administrative assistance 

technical 

and 

35 100 

35 100 

75 100 

105 300 

40 000 

145 300 

8.2.5 

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

Type of human resources 

2008 

2009 

2010 

(EUR)  

64 350 

64 350 

64 350 

Officials  and  temporary  staff 
(11 01 01) 

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

(specify budget line) 

TOTAL 

193 050 

cost 

human 
Total 
resources  and  associated 
costs  (NOT  included  in  the 

of 

64 350 

64 350 

64 350 

193 050 

17 

18 

19 

Reference  should  be  made  to  the  specific  legislative  statement  for  the  Executive  Agency/Agencies 
concerned. 
This expenditure (EUR 35 100 per year) relates to a fisheries expert post (contract staff member) based 
at the Delegation of the European Commission to Mauritius financed from budget line 11 01 04.  
The  year  2010  includes  expenditure  on  carrying  out  an  impact  study  on  the  Protocol  in  force  by  an 
external consultant .  

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
reference amount) 

Calculation – Officials and contract staff 

Reference should be made to Point 8.2.1, if applicable 

- 

1A = EUR 117 000*0.25 = EUR 29 250 

1B = EUR 117 000*0.15 = EUR 17 550 

1C = EUR 117 000*0.15 = EUR 17 550 

Subtotal: EUR 64 350 (EUR 0.0644 million per year) 

1 contract staff member at the Delegation to Mauritius= EUR 117 000*0.3 = EUR 35 100 

Total: EUR 99 450 per year (EUR 0.0995 million per year) 

Calculation – Staff financed under Article XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6  Other administrative expenditure not included in reference amount 

(EUR)  

2008 

2009 

2010 

11 01 02 11 01 – Missions 

10 000 

10 000 

10 000 

2 000 

2 000 

2 000 

11 01 02 11 02 – Meetings and 
conferences 

XX 
02 
01 
Committees20 

11 

03 

– 

XX 01 02 11 04 – Studies and 
consultations 

XX 01 02 11 05 – Information 
systems 

2. 

Total 

other 

management 
expenditure (XX 01 02 
11) 

3.  Other  expenditure  of 
an  administrative  nature 
(specify 
including 
reference to budget line) 

TOTAL 

30 000 

6 000 

20 

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

EN 

25 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
administrative 
Total 
expenditure,  other  than 
and 
human 
(NOT 
associated 
reference 
included 
amount) 

resources 
costs 
in 

12 000 

12 000 

12 000 

36 000 

Human resource and administrative needs will be covered by the managing DG’s allocation 
under the annual allocation procedure. 

EN 

26 

   EN