Proposal for a COUNCIL DECISION on the signing, on behalf of the Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles
Date: 2010-11-25
Institutions: European Commission
Subjects: Seychelles, cooperation agreement, economic development, fishery management, fishing agreement, fishing area, fishing industry, fishing rights

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EUROPEAN COMMISSION 

Brussels, 25.11.2010 
COM(2010) 689 final 

2010/0334 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the Union, and provisional application of the Protocol setting 
out the fishing opportunities and the financial contribution provided for by the Fisheries 
Partnership Agreement 
between the European Union and the Republic of Seychelles 

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EXPLANATORY MEMORANDUM 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated with the Republic of Seychelles in view of renewing the Protocol to the Fisheries 
Partnership  Agreement  between  the  European  Union  and  the  Republic  of  Seychelles. 
Following these negotiations, a new Protocol was initialled on the 3 June 2010, and amended 
by exchange of letters on 29 October 2010. It covers a period of three years starting form the 
adoption  of  this  Council  decision  on  the  Protocol's  signing  and  provisional  implementation 
and after expiry of the current Protocol, on 17 January 2011. 

This  procedure  concerning  the  signing  and  provisional  application  of  the  new  Protocol  is 
started in parallel with the procedures regarding the Council decision, with the consent of the 
European  Parliament,  on  the  conclusion  of  the  new  Protocol,  and  the  Council  Regulation 
concerning the allocation among the Member States of the fishing opportunities under the said 
Protocol. 

The Commission's negotiating position was based i.a. on the results of an ex-post evaluation 
of the current Protocol that was carried out by external experts in May 2010. 

The new Protocol is in line with the objectives of the Fisheries Partnership Agreement aiming 
at strengthening the cooperation between the European Union and the Republic of Seychelles 
and promoting a partnership framework in which to develop a sustainable fisheries policy and 
responsible exploitation of fishery resources in the Seychelles' fishing zone in the interests of 
both Parties.  

The  two  Parties  agreed  to  cooperate  with  a  view  to  implementing  Seychelles'  sectoral 
fisheries  policy  and  to  that  end  shall  continue  the  policy  dialogue  on  the  relevant 
programming. 

The new Protocol provides for a total financial contribution of EUR 16 800 000 for the whole 
period.  This  amount  corresponds  to:  a)  EUR  3  380  000  per  year  equivalent  to  an  annual 
reference  tonnage  of  52  000  tonnes,  and  b)  EUR  2  220  000  per  year,  corresponding  to  the 
additional  envelop  paid  by  the  EU  to  support  Seychelles'  fisheries  and  maritime  policy. 
Fishing opportunities for the European tuna fleet will be available to 48 purse seiners and 12 
long liners, i.e. a total of 60 vessels. 

The Commission proposes, on this basis, that the Council adopt by Decision the signing on 
behalf of the Union and the provisional application of the Protocol. 

1 

Council Decision nº 9755/2010 of 31 May 2010. 

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2010/0334 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the Union, and provisional application of the Protocol setting 
out the fishing opportunities and the financial contribution provided for by the Fisheries 
Partnership Agreement 
between the European Union and the Republic of Seychelles 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43, in conjunction with Article 218, paragraph 5 thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On  5  October  2006  the  Council  adopted  Council  Regulation  (EC)  No 1562/2006  on 
the  conclusion  of  the  Fisheries  Partnership  Agreement  between  the  European 
Community and the Republic of Seychelles3, 

The Protocol to that Partnership Agreement which is currently in force expires on 17 
January 2011, 

The European Union negotiated with the Republic of Seychelles a new Protocol to the 
Partnership Agreement, providing EU vessels with fishing opportunities in the waters 
over which Seychelles have sovereignty or jurisdiction in respect of fisheries. In order 
to ensure the continuation of fishing activities of EU vessels, the Protocol provides for 
provisional application in accordance with Article 13 thereof, 

As a result of these negotiations, a Protocol was initialled on 3 June 2010, 

The  new  protocol  should  be  signed  and  should  be  applied  on  a  provisional  basis 
pending the completion of the procedures for its formal conclusion. 

2 
3 

OJ C […], […], p. […]. 
Council Regulation n°1562/2006 of 5 October 2006, OJ L 290 of 20/10/2006. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  signing  of  the  Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European 
Union and the Republic of Seychelles is hereby authorised on behalf of the European Union, 
subject to its conclusion. 

The text of the Protocol is attached to this Decision. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Protocol on behalf of the European Union, subject to its conclusion. 

Article 2 

The  Protocol  shall  be  applied  on  a  provisional  basis  in  accordance  with  Article  13  thereof, 
pending the completion of the procedures for its conclusion. 

Article 3 

Article 4 

This Decision shall enter into force on the day of its adoption  

Done at Brussels, […] 

For the Council 
The President 
[…] 

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PROTOCOL 

setting out the fishing opportunities and the financial contribution provided for by the 
Fisheries Partnership Agreement between the European Union and the Republic of 
Seychelles 

Article 1 
Period of application and fishing opportunities 

For  a  period  of  three  (3)  years,  the  fishing  opportunities  granted  under  Article  5  of  the 
Fisheries Partnership Agreement shall be as follows: 

48 ocean-going tuna seiners, and 

12 surface longliners. 

Paragraph 1 shall apply subject to Articles 5 and 6 of this Protocol. 

Under  Article  6  of  the  Fisheries  Partnership  Agreement,  and  Article  7  of  this  Protocol, 
vessels flying the flag of a Member State of the European Union may engage in fishing 
activities  in  Seychelles’  waters  only  if  they  are  in  possession  of  a  fishing  authorisation 
issued under this Protocol in accordance with the Annex hereto. 

Article 2 
Financial contribution - Methods of payment 

For the period referred to in Article 1, the total financial contribution referred to in Article 
7 of the Fisheries Partnership Agreement shall be EUR 16 800 000 for the whole duration 
of this Protocol. 

This total financial contribution shall comprise: 

an  annual  amount  for  access  to  Seychelles’  EEZ  of  EUR 3  380  000  equivalent  to  a 
reference tonnage of 52 000 tonnes per year, and  

a  specific  amount  of  EUR  2  220  000  per  year  for  the  support  and  implementation  of 
Seychelles' sectoral fisheries policy and maritime policy.  

Paragraph 1 shall apply subject to Articles 3, 4, 5, and 6 of this Protocol.  

The European Union shall pay the total amount fixed in paragraph 2 (a) and 2 (b) of this 
Article (i.e. respectively EUR 3 380 000 and EUR 2 220 000) each year during the period 
of  application  of  this  Protocol.  Payment  shall  be  made  no  later  than  30  days  after  this 
Protocol’s entry into force for the first year, and no later than the anniversary date of this 
Protocol for the following years. 

If the overall quantity of catches of tuna by European Union vessels in Seychelles' EEZ 
exceeds 52 000 tonnes per year, the amount of the annual financial contribution for access 
rights shall be increased by EUR 65 for each additional tonne caught. However, the total 
annual  amount  paid  by  the  European  Union  shall  not  be  more  than  twice  the  amount 

1. 

a. 

b. 

2. 

3. 

1. 

2. 

a. 

b. 

3. 

4. 

5. 

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indicated  in  paragraph  2  a.  (EUR  6  760  000).  Where  the  quantities  caught  by  European 
Union  vessels  in  the  Seychelles'  EEZ  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 in line with the provisions of the Annex.  

Seychelles shall have full discretion regarding the use to which the financial contribution 
specified in Article 2 paragraph 2 (a) is put. 

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

Article 3 
Promoting responsible fishing and sustainable fisheries in Seychelles' waters 

As soon as this Protocol enters into force and no later than three months after that date, the 
European  Union  and  Seychelles  shall  agree,  within  the  Joint  Committee  provided  for  in 
Article  9  of  the  Fisheries  Partnership  Agreement,  on  a  multiannual  sectoral  programme 
and detailed implementing rules covering, in particular: 

annual  and  multiannual  guidelines  for  using  the  specific  amount  of  the  financial 
contribution referred to in Article 2 paragraph 2 (b);  

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

criteria and procedures for evaluating the results obtained each year. 

Any proposed amendments to the multiannual sectoral programme shall be approved by 
both Parties within the Joint Committee. 

Each  year,  Seychelles  may  allocate,  if  necessary,  an  additional  amount  to  the  financial 
contribution  referred  to  in  Article  2  paragraph  2  (b)  with  a  view  to  implementing  the 
multiannual programme. This allocation shall be notified to the European Union. 

Article 4 
Scientific cooperation on responsible fishing 

The  two  Parties  hereby  undertake  to  promote  responsible  fishing  in  Seychelles'  waters 
based on the principle of non-discrimination between the different fleets fishing in those 
waters. 

During  the  period  covered  by  this  Protocol,  the  European  Union  and  Seychelles  shall 
endeavour to monitor the state of fishery resources in the Seychelles' EEZ. 

Both Parties shall endeavour to respect the resolutions and recommendations of the Indian 
Ocean Tuna Commission (IOTC) regarding conservation and responsible management of 
fisheries. 

6. 

7. 

1. 

(a) 

(b) 

(c) 

2. 

3. 

1. 

2. 

3. 

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4. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Based  on  the  recommendations  and  resolutions  taken  within  the  IOTC  and  the  best 
available  scientific  advice  and,  where  appropriate,  the  results  of  the  joint  scientific 
meeting provided for by Article 4 of the Fisheries Partnership Agreement, the two Parties 
may  consult  each  other  within  the  Joint  Committee  provided  for  in  Article  9  of  the 
Fisheries  Partnership  Agreement  and,  where  necessary,  agree  on  the  measures  to  ensure 
sustainable management of Seychelles’ fisheries resources. 

Article 5 
Adjustment of fishing opportunities by mutual agreement 

The  fishing  opportunities  referred  to  in  Article  1  may  be  adjusted  by  mutual  agreement 
insofar as the recommendations and resolutions of IOTC support that such an adjustment 
will secure the sustainable management of tuna and tuna-like species in the Indian Ocean. 

In  this  case  the  financial  contribution  referred  to  in  Article  2  paragraph  2  (a)  shall  be 
adjusted proportionately and pro rata temporis. However, the total annual amount paid by 
the  European  Union  shall  not  be  more  than  twice  the  figure  indicated  in  Article  2, 
paragraph 2 (a). 

Both Parties shall notify each other of any changes in their respective fisheries policy and 
legislation. 

Article 6 
New fishing opportunities 

In  the  event  that  European  Union  fishing  vessels  become  interested  in  engaging  in 
fisheries not provided for in Article 1 of the Fisheries Partnership Agreement, the Parties 
shall consult each other before any possible authorisation is granted for any such activities 
and,  where  appropriate,  agree  on  the  conditions  for  such  fishing  including  effecting 
corresponding amendments to this Protocol and the Annex thereto. 

The Parties should encourage experimental fishing, especially relating to under exploited 
deep water species, present in Seychelles' waters. To this end, and at the  request of one 
Party,  the  Parties  shall  consult  each  other  with  a  view  to  determining  on  a  case  by  case 
basis, the species, conditions and other parameters that are relevant. 

The Parties shall carry out experimental fishing in accordance with parameters that will be 
agreed  by  both  Parties  in  an  administrative  arrangement  where  appropriate.  The 
authorisations  for  experimental  fishing  should  be  agreed  for  a  maximum  period  of  6 
months. 

In  the  event  that  the  Parties  consider  that  experimental  campaigns  have  given  positive 
results, the Government of Seychelles may allocate fishing possibilities of the new species 
to  the  European  Union  fleet  until  the  expiration  of  this  Protocol.  The  financial 
compensation mentioned in Article 2 paragraph 2 (a) of this Protocol shall consequently 
be  increased.  Ship-owners'  fees  and  conditions  as  provided  for  in  the  Annex  shall  be 
amended accordingly. 

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Article 7 
Conditions governing fishing activities — Exclusivity clause 

Without  prejudice  to  Article  6  of  the  Fisheries  Partnership  agreement,  European  Union's  vessels 
may fish in Seychelles’ waters only if they are in possession of a valid fishing authorisation issued 
by Seychelles under this Protocol and the Annex hereto. 

Article 8 
Suspension and review of the payment of the financial contribution 

1. 

a) 

b) 

c) 

2. 

3. 

1. 

a) 

b) 

c) 

Notwithstanding  the  provisions  laid  out  in  Article  9  of  this  Protocol,  the  financial 
contribution  referred  to  in  Article  2  paragraph  2  (a)  and  (b)  shall  be  reviewed  or 
suspended  after  consultation  between  the  two  Parties  provided  that  the  European  Union 
has paid in full any amounts due at the time of suspension:  

if  exceptional  circumstances,  other  than  natural  phenomena,  prevent  fishing  activities  in 
Seychelles’ EEZ; 

following significant changes in the policy guidelines of either one of the Parties affecting 
the relevant provisions of this Protocol;  

if  the  European  Union  ascertains  a  breach  of  essential  and  fundamental  elements  on 
human  rights  as  laid  out  by  Article  9  of  the  Cotonou  Agreement  and  following  the 
procedure set out in Articles 8 and 96 thereof. In this case, all fishing activities of the EU 
vessels shall be suspended. 

The European Union reserves the right to suspend, totally or partially, the payment of the 
specific  contribution  provided  for  in  Article  2,  paragraph  2  (b)  where  the  results  of  the 
sectoral policy support obtained are found to be materially inconsistent with the budgeted 
programming  following  the  evaluation  carried  out  and  consultations  within  the  Joint 
Committee as provided by Article 3 of this Protocol. 

Payment  of  the  financial  contribution  and  fishing  activities  may  recommence  once  the 
situation  has  returned  to  the  status  prior  to  the  occurrence  of  the  above  mentioned 
circumstances and if the two Parties agree to do so following consultation. 

Article 9 
Suspension of the implementation of the Protocol 

Implementation  of  this  Protocol  shall  be  suspended  at  the  initiative  of  either  one  of  the 
Parties  subject  to  consultations  between  and  agreement  of  the  Parties  within  the  Joint 
Committee provided for in Article 9 of the Agreement: 

if  exceptional  circumstances,  other  than  natural  phenomena,  prevent  fishing  activities  in 
Seychelles’ EEZ; 

in  case  the  European  Union  fails  to  make  the  payments  provided  for  in  Article  2, 
paragraph 2 (a) for reasons not covered by Article 8 of this Protocol; 

where a dispute arises between the Parties over the interpretation and implementation of 
this Protocol and its Annex which cannot be settled; 

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d) 

e) 

f) 

g) 

2. 

3. 

1. 

2. 

if either one of the Parties does not respect the provisions laid out by this Protocol and its 
Annex; 

following significant changes in the policy guidelines of either one of the Parties affecting 
the relevant provisions of this Protocol; 

if either  one  of  the Parties ascertains a breach of essential and fundamental elements on 
human  rights  as  laid  out  by  Article  9  of  the  Cotonou  Agreement,  and  following  the 
procedure set out in Articles 8 and 96 thereof. 

in  case  of  non  compliance  with  the  International  Labour  Organisation  Declaration  on 
Fundamental Principles and Rights at Work as provided in Article 3, paragraph 5 of the 
Fisheries Partnership Agreement. 

Suspension of implementation of this Protocol shall require the Party concerned to notify 
its intention in writing at least three months before the date on which the suspension is due 
to take effect. 

In the event of suspension of implementation, the Parties shall continue to consult with a 
view to finding an amicable settlement to their dispute. Where such settlement is reached, 
implementation of this Protocol shall resume and the amount of the financial contribution 
shall  be  reduced  proportionately  and  pro  rata  temporis  according  to  the  period  during 
which implementation of this Protocol was suspended. 

Article 10 
National law 

The activities of European Union fishing vessels in Seychelles' waters are subject to the 
laws and regulations of Seychelles unless otherwise provided under this Protocol and the 
Annex thereof. 

The  authorities  of  Seychelles  shall  inform  the  European  Commission  of  any  changes  or 
new legislation regarding the fishery policy. 

Article 11  
Duration 

This  Protocol  and  the  Annex  thereto  shall  apply  for  a  period  of  three  (3)  years  starting  form  the 
provisional  application  in  accordance  with  Article  13,  unless  notice  of  termination  is  given  in 
accordance with Article 12. 

Article 12 
Termination 

1. 

2. 

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In  the  event  of  termination  of  this  Protocol,  the  Party  concerned  shall  notify  the  other 
Party in writing of its intention to terminate it at least six months before the date on which 
such termination should take effect. 

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

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Article 13 
Provisional Application 

This Protocol and the Annex thereto shall be applied provisionally from the date of their signature. 

Article 14 
Entry into force 

This  Protocol  with  its  Annex  shall  enter  into  force  on  the  date  on  which  the  Parties  notify  each 
other of the completion of the procedures necessary for that purpose. 

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ANNEX 

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

CHAPTER I - MANAGEMENT MEASURES  

Section 1 
Application and issue of fishing authorisations 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

a. 

b. 

8. 

Only  eligible  European  Union  vessels  may  obtain  a  fishing  authorisation  to  fish  in 
Seychelles'  waters  under  the  Protocol  setting  out  the  fishing  opportunities  and  the 
financial  contribution  provided  for  by  the  Fisheries  Partnership  Agreement  between  the 
European Community and the Republic of Seychelles. 

"Fishing  authorisation"  means  the  entitlement  or  licence  to  engage  in  fishing  activities 
during a specified period, in a given area or for a given fishery. 

For a European Union vessel to be eligible, neither the owner, the master nor the vessel 
itself must be prohibited from fishing in Seychelles. They must be in order with the laws 
of  the  Seychelles  and  they  must  have  fulfilled  all  prior  obligations  arising  from  their 
fishing  activities  in  Seychelles  under  fisheries  agreements  concluded  with  the  European 
Union. Moreover, they shall comply with the Council Regulation n°1006/2008 regarding 
fishing authorisations. 

All European Union vessels applying for a fishing authorisation shall be represented by an 
agent  resident  in  Seychelles.  The  name  and  address  of  that  agent  shall  be  stated  in  the 
application. 

The  relevant  European  Union  authorities  shall  submit  to  the  competent  authority  of 
Seychelles  as  defined  in  Article  2  of  the  Fisheries  Partnership  Agreement  a  fishing 
authorisation  application  for  each  vessel  wishing  to  fish  under  the  Fisheries  Partnership 
Agreement at least 20 days before the date of commencement of the period of validity. 

Where  a  fishing  authorisation  application  has  not  been  submitted  prior  to  the  period  of 
validity under point 5, the vessel-owner may do so through the EU during the period of 
validity, no later than 20 days before the start of the fishing activities. In such cases, vessel 
owners shall pay the entire fees due for the full validity period of the fishing authorisation. 

Each application for a fishing authorisation shall be submitted to the competent authority 
of  Seychelles  on  a  form  drawn  up  in  accordance  with  the  specimen  in  Appendix  1  and 
shall be accompanied by the following documents: 

proof of payment of the fee for the period of validity of the fishing authorisation; 

any other documents or certificates required under the specific rules applicable to the type 
of vessel concerned pursuant to the Protocol. 

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

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9. 

10. 

11. 

12. 

13. 

14. 

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

Fishing authorisations for all vessels shall be issued to shipowners or their agents within 
15 days of receipt of all the documents referred to in point 7 by the competent authority of 
Seychelles. 

A  copy  of  these  fishing  authorisations  shall  be  sent  to  the  Delegation  of  the  European 
Union responsible for the Seychelles. 

A fishing authorisation shall be issued for  a specific vessel and shall not be transferable 
except for force majeure, as outlined in point 12 below. 

Where force majeure is proven, at the request of the European Union, a vessel’s fishing 
authorisation  may  be  transferred,  for  the  remaining  period  of  its  validity,  to  another 
eligible  vessel  with  similar  characteristics,  with  no  further  fee  due.  However,  for  long 
liners,  if  the  gross  registered  tonnage  (GRT)  of  the  replacing  vessel  is  higher,  the 
difference in fee shall be paid pro rata temporis. 

The owner of the first vessel, or his agent, shall return the cancelled fishing authorisation 
to  the  competent  authority  of  Seychelles  via  the  Delegation  of  the  European  Union 
responsible for the Seychelles. 

The new fishing authorisation shall take effect on the day that the vessel’s owner returns 
the  cancelled  fishing  authorisation  to  the  competent  authority  of  Seychelles.  The 
Delegation of the European Union responsible for the Seychelles shall be informed of the 
fishing authorisation transfer. 

15. 

The  fishing  authorisation  must  be  kept  on  board  the  vessel  at  all  times,  notwithstanding 
the provisions of Chapter VII – Control – point 1, of this Annex. 

Section 2 
Fishing authorisation conditions – fees and advance payments 

1. 

A  fishing  authorisation  is  valid  for  one  year,  from  the  commencement  date  of  the 
Protocol's  provisional  implementation,  and  is  renewable  subject  to  fulfilment  of 
application conditions as laid out in Section 1 above. 

2. 

Fishing authorisations shall be issued by the Seychelles competent authorities as follows: 

a. 

Tuna seiners: 

–  a flat rate amount of EUR 61 000 per vessel per year payable in two instalments:  

–  50% at the time of application of fishing authorisation; 

–  and  50%  within  one  hundred  (100  )  days  after  the  start  of  the  validity  period  of  the 

fishing authorisation. 

–  In exceptional circumstances related to piracy which pose serious security threats to the 
vessels operating under the Fisheries Partnership Agreement forcing them to leave the 
Indian  Ocean,  the  two  Parties  shall  analyse  the  possibility  of  applying  a  pro  rata 

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temporis payment on a case by case basis upon individual requests by shipowners sent 
through the European Commission. 

b. 

Long-liners (above 250 GRT): 

–  EUR  4  200  equivalent  to  EUR  35  per  tonne  for  120  tonnes  of  tuna  and  tuna-like 
species caught within Seychelles' waters payable before the start of the validity period ;  

c. 

Long-liners (below 250 GRT): 

–  EUR 3 150 equivalent to EUR 35 per tonne for 90 tonnes of tuna and tuna-like species 

caught within Seychelles' waters payable before the start of the validity period. 

Where longliners' catches exceed the above specified tonnages, shipowners shall make the 
corresponding additional payments at the same rate of EUR 35 per tonne to the Seychelles 
competent authorities at the latest by 30 June of the same year following reception of the 
statement of fees in the bank account provided by the Seychelles authorities. 

Where the final statement, referred to in paragraph 6 hereunder, is less than the advance 
payment referred to in paragraph 3 for the long liners, the balance shall not be recoverable 
by the shipowner. 

The Seychelles authorities shall draw up a statement of fees due in respect of the previous 
calendar year on the basis of catch declarations submitted by European Union vessels and 
other information in the possession of the Seychelles authorities. 

The statement shall be sent to the Commission before 31 March of the current year. The 
Commission shall transmit it before 15 April simultaneously to shipowners and national 
authorities of the concerned Member States. 

Where  the  shipowners  do  not  agree  with  the  statement  submitted  by  the  Seychelles 
authorities,  they  may  consult  the  scientific  institutes  competent  for  verifying  catch 
statistics  such  as  the  IRD  (Institut  de  Recherche  pour  le  Développement),  the  IEO 
(Instituto Español de Oceanografia) and IPIMAR (Instituto de Investigação das Pescas e 
do  Mar),  and  thereafter  discuss  together  with  the  Seychelles  competent  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 Seychelles authorities shall be considered as the final one. 

Section 3  
Supply vessels 

Supply  vessels  supporting  EU  fishing  vessels  operating  under  this  Protocol  shall  be 
subject  to  the  same  provisions,  fees  and  conditions  as  applicable  to  other  such  vessels 
under the Seychelles' written laws. 

Supply vessels flying the flag of a Member State of the European Union shall be subject 
to  the  same  procedure  governing  transmission  of  fishing  authorisation  applications  as 
described in Section 1 above, to the extent applicable to them. 

3. 

4. 

5. 

6. 

1. 

2. 

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CHAPTER II - FISHING ZONES 

To  avoid  any  adverse  effect  on  small-scale  fisheries  in  Seychelles'  waters,  fishing  by  European 
Union vessels shall not be authorised in the zones defined as restricted or prohibited in Seychelles' 
legislation  nor  within  three  miles  around  any  fish-aggregating  device  placed  by  Seychelles 
authorities,  the  geographical  positions  of  which  have  been  communicated  to  the  shipowners’ 
representatives or agents. 

CHAPTER III – MONITORING 

Section 1 
Catch recording  

1. 

All  vessels  authorised  to  fish  in  Seychelles'  waters  under  the  Fisheries  Partnership 
Agreement  shall  be  obliged  to  communicate  their  catches  to  the  competent  authority  of 
Seychelles in the following manner: 

1.1.  The  European  Union  vessels  licensed  to  fish  in  Seychelles'  waters  shall  fill  a 
statement of catch form as set out in Appendices 2 and 3 on a daily basis, for each 
trip they undertake in Seychelles' waters. In the absence of catches, the form shall 
still be filled in. The form shall be filled in legibly and signed by the master of the 
vessel or his representative. 

1.2.  As far as the submission of the statement of catch form referred to in points 1.1 and 

1.3 is concerned, the European Union vessels shall: 

–  in  the  case  they  call  into  Port  Victoria,  submit  the  completed  form  to  the  Seychelles 
authorities  within  five  (5)  days  of  arrival,  or  in  any  event  before  they  leave  port, 
whichever occurs first; 

–  in any other case, send the completed form to the Seychelles authorities within fourteen 

(14) days of arrival in any port other than Victoria. 

1.3.  Copies  of  these  statement  of  catch  forms  must  simultaneously  be  sent  to  the 
scientific institutes referred to in Chapter I, Section 2, point 6, within the same time 
frame as provided in point 1.2 above. 

The words “Outside Seychelles' waters” shall be entered in the abovementioned statement 
of catch form in respect of periods during which the vessel is not in Seychelles' EEZ. 

The  Parties  shall  endeavour  to  introduce  a  catch  data  system  based  exclusively  on  the 
electronic  exchange  of  all  the  information  described  above.  Therefore,  the  two  Parties 
shall  consider  replacing  the  paper  version  of  the  statement  of  catches  form  into  its 
electronic format as soon as possible. 

Once the electronic system of catches declaration is implemented and in case of technical 
problems or malfunction, declarations of catches shall be made pursuant to point 1 above. 

2. 

3. 

4. 

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Section 2  
Catch communication: entering and leaving Seychelles' waters 

1. 

For the purposes of this Annex, the duration of a trip by a European Union vessel shall be 
defined as follows: 

–  either the period elapsing between entering and leaving Seychelles' waters; 

–  or the period elapsing between entering Seychelles' waters and a transhipment; 

–  or the period elapsing between entering Seychelles' waters and a landing in Seychelles.  

European Union vessels shall notify the Seychelles authorities at least three (3) hours in 
advance of their intention to enter or leave Seychelles’ waters and every three days during 
their fishing activities in Seychelles' waters of their catches during this period. 

When notifying entry/leaving, vessels shall also communicate their position at the time of 
communication  and  the  volume  and  species  in  catches  kept  on  board.  These 
communications shall be made in the format set out in appendix 5, by fax or e-mail, to the 
addresses provided therein. However, the Seychelles authorities may exempt surface long 
liners  not  fitted  with  the  appropriate  communication  equipment  from  this  obligation  by 
authorising communication by radio. 

European  Union  fishing  vessels  found  to  be  fishing  without  having  informed  the 
competent  authorities  of  Seychelles  shall  be  deemed  as  vessels  without  a  fishing 
authorisation.  The  sanctions  referred  to  in  Chapter  VIII,  point  1.1  will  be  applicable  in 
such cases. 

2. 

3. 

4. 

Section 3 
Landing 

1. 

All  vessels  wishing  to  land  catches  in  Seychelles'  ports  shall  notify  the  following 
information to the competent authority of Seychelles at least 24 hours in advance: 

–  the names of the landing fishing vessels, 

–  the tonnage by species to be landed, 

–  the day of landing, 

–  the recipient of landed catch. 

2. 

3. 

Tuna  seiners  shall  endeavour  to  supply  tuna  to  the  Seychelles'  cannery  and/or  the  local 
industry at international market price. 

Tuna  seiners  landing  in  Port  Victoria  will  endeavour  to  make  their  by-catches  available 
locally at the local market price. 

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Section 4 
Transhipment 

1. 

2. 

All  vessels  wishing  to  tranship  catches  in  Seychelles'  waters  shall  do  so  only  within 
Seychelles'  ports.  Transhipment  at  sea  is  forbidden  and  any  person  infringing  this 
provision shall be liable to the penalties provided for by the Seychelles' law. 

The  shipowners  or  their  agents  must  notify  the  following  information  to  the  competent 
authority of Seychelles at least 24 hours in advance: 

–  the names of the transhipping fishing vessels, 

–  the names of the cargo vessels, 

–  the tonnage by species to be transhipped and 

–  the day of transhipment. 

3. 

Transhipment  shall  be  considered  as  an  exit  from  Seychelles'  waters.  Vessels  must 
therefore submit their catch declarations to the competent authorities of Seychelles. 

Section 5  
Vessels Monitoring System 

Vessels  shall  be  monitored,  inter  alia,  by  vessel  monitoring  systems,  without  discrimination,  in 
accordance with the provisions set out below. 

1. 

2. 

3. 

4. 

For the purposes of satellite monitoring, the Seychelles authorities shall communicate to 
the Fisheries Monitoring Centres (FMCs) of the flag States the co-ordinates (latitudes and 
longitudes) of the Seychelles' waters. 

The Seychelles authorities will transmit this information in electronic format, expressed in 
degrees decimal in the Wgs-84 system datum. 

The  Seychelles  authorities  and  the  national  FMCs  will  exchange  information  on  their 
respective  electronic  addresses  in  https  format  or  where  appropriate  other  secure 
communication  protocol  and  the  specifications  to  be  used  in  their  respective  FMCs  in 
accordance  with  the  conditions  established  in  points  4  and  6.  This  information  will 
include, as far as possible, the names, the telephone and fax  numbers and  the electronic 
addresses  (Internet),  which  can  be  used  for  the  general  communications  between  the 
FMCs. 

The  position  of  the  vessels  will  be  determined  with  a  margin  of  error  of  less  than  100 
metres and with a confidence interval of 99%. 

When  a  vessel  fishing  under  the  EU/Seychelles  Fisheries  Partnership  Agreement  enters 
into 
the  Seychelles'  waters,  subsequent  position  reports  shall  be  automatically 
communicated  by  the  FMC  of  the  flag  State  to  the  FMC  of  Seychelles,  in  real  time,  at 
least every hour (frequency). These messages are identified as Position Reports. 

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The  frequency  of  transmission  can  be  changed  up  to  a  30  minutes  basis,  when  strong 
evidence is provided demonstrating that the vessel is perpetrating an infringement  

4.1.  This  evidence  shall  be  submitted  by  the  Seychelles'  FMC  to  the  FMC  of  the  flag 
State  and  to  the  European  Commission,  along  with  the  request  to  alter  frequency. 
The  FMC  shall  send  the  data  to  the  FMC  of  Seychelles  automatically  and  in  real 
time immediately after receiving the request. 

4.2.  The FMC of Seychelles shall notify immediately the FMC of the flag State and the 

European Commission of the end of the monitoring procedure. 

4.3.  The FMC of the flag State and the European Commission shall be informed of the 
follow up of any inspection procedure based on the special request under point 4.2 
above.  

The messages referred to in point 4 shall be transmitted electronically in https format, or 
other  secure  communication  protocols,  subject  to  prior  agreement  between  the  relevant 
FMCs. All messages will be communicated automatically, in real time and in accordance 
with the definitions given in point 4. 

It  is  prohibited  for  a  vessel  to  switch  off  or  obstruct  its  satellite  tracking  device  when 
operating in Seychelles' waters. 

In  the  event  of  a  technical  problem  or  malfunction  of  the  satellite  monitoring  device 
installed  on  board  the  fishing  vessel,  the  master  of  that  vessel  shall  communicate  the 
information specified in point 4 by fax, or e-mail to the FMC of the flag State concerned 
starting from the time the failure or malfunction was detected or from the time the owner 
or master of the vessel was informed by the Seychelles competent authority. At least one 
global  position  report  every  four  hours  shall  be  sufficient  under  such  circumstances  as 
long as the vessel stays in Seychelles' waters. This global position report will include the 
hourly  positions  as  registered  by  the  master  of  that  vessel  during  those  four  hours.  The 
FMC of the flag State or the vessel itself shall forward these messages to the Seychelles' 
FMC  without  delay.  In  case  of  necessity  or  doubts,  the  Seychelles  competent  authority 
could  ask  from  a  given  vessel  a  transmission  of  position  report  every  hour.  Defective 
equipment  shall  be  repaired  or  replaced  as  soon  as  the  vessel  concludes  its  fishing  trip. 
Any new fishing trip shall not begin until the equipment has been repaired or replaced. 

The Vessel Monitoring System hardware and software components shall be temper proof, 
i.e. shall not permit the input or output of false positions and must not be capable of being 
manually  over-ridden.  The  system  shall  be  fully  automatic  and  operational  at  all  times 
regardless of environmental conditions. It shall be prohibited to destroy, damage, render 
inoperative or otherwise interfere with the satellite tracking device. 

In particular, the master shall ensure that: 

–  data are not altered in any way; 

–  the  antenna  or  the  antennas  connected  to  the  satellite  tracking  devices  are  not 

obstructed in any way; 

–  the power supply of the satellite tracking devices is not interrupted in any way; 

5. 

6. 

7. 

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–  the vessel tracking device is not removed from the vessel or the place where it was first 

installed; 

–  any replacement of a vessel tracking device is immediately notified to the Seychelles 

competent authority. 

Any  breach  of  the  above-mentioned  obligations  may  render  the  master  liable  under  the 
written laws of Seychelles. 

The FMCs of the flag States shall monitor the tracking of their vessels when the latter are 
in the Seychelles' waters, at one hour intervals. If the tracking of the vessels is not carried 
out under the conditions envisaged, the Seychelles' FMC shall be immediately informed, 
and the procedure provided for in point 6 will be applicable. 

Relevant FMCs and the Seychelles' FMC shall co-operate to ensure the implementation of 
these provisions. If the Seychelles' FMC establishes that the flag State is not transmitting 
the  data  in  conformity  with  point  4  above,  the  relevant  FMC  shall  be  immediately 
notified.  Upon  receipt  of  notification,  the  latter  shall  respond  within  twenty-four  (24) 
hours  by  informing  the  Seychelles'  FMC  of  the  reasons  for  non-transmission  and 
indicating  a  reasonable  delay  for  compliance  with  these  provisions.  In  case  of  failure  to 
comply  within  this  delay,  the  two  FMCs  will  settle  such  problems  in  writing  or  as 
provided for by point 13 of these provisions. 

Monitoring data transmitted in accordance with these provisions shall be used exclusively 
for  control,  management,  monitoring  and  enforcement  by  the  Seychelles  competent 
authorities.  These  data  cannot  be  communicated  to  non  relevant  third  parties  under  any 
circumstances, except with the written consent of the flag State concerned, and on a case 
by case basis, or by an order of the Court in Seychelles. 

It is agreed that, at the request of either Party, there will be an exchange of information on 
the equipment used for satellite tracking, in order to ensure that the said equipment is fully 
compatible with the requirements of the other Party for the purposes of these provisions. 

The Parties agree to meet to review these provisions as and when appropriate, including 
the relevant analysis of cases of malfunctioning or anomalies related to individual vessels. 
All  such  cases  will  have  to  be  notified  by  the  Seychelles  authorities  to  the  EU  flag 
Member  States  and  to  the  European  Commission  at  least  15  days  before  the  review 
meeting. 

Any  dispute  concerning  the  interpretation  or  the  application  of  these  provisions  shall  be 
subject to consultation between the Parties within the framework of the Joint Committee 
provided for in Article 9 of the Fisheries Partnership Agreement. 

CHAPTER IV – EMBARKING SEAMEN 

Each  tuna  seiner  shall  take  on  board  during  its  trip  in  Seychelles’  waters  at  least  two 
Seychelles seamen designated by the agent of the vessel, in agreement with the shipowner, 
from the names on a list submitted by the competent authority of Seychelles. 

8. 

9. 

10. 

11. 

12. 

13. 

1. 

2. 

Shipowners shall endeavour to take on board additional Seychelles seamen. 

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3. 

4. 

5. 

6. 

7. 

8. 

9. 

The shipowner or agent shall inform the competent authority of Seychelles of the names 
and particulars of the Seychelles seamen taken on board the vessel concerned, mentioning 
their position in the crew. 

The  International  Labour  Organisation’s  Declaration  on  Fundamental  Principles  and 
Rights at Work shall apply as of right to seamen signed on by EU vessels. This concerns 
in  particular  the  freedom  of  association  and  the  effective  recognition  of  the  right  to 
collective bargaining, and the elimination of discrimination in respect of employment and 
occupation. 

Seychelles  seamen’s  employment  contracts,  a  copy  of  which  shall  be  given  to  the 
signatories,  shall  be  drawn  up  between  the  shipowners’  agent(s)  and  the  seamen  and/or 
their  trade  unions  or  representatives  in  consultation  with  the  competent  authorities  of 
Seychelles.  These  contracts  shall  guarantee  the  seamen  the  social  security  cover 
applicable  to  them,  including  life  insurance,  sickness  and  accident  insurance  and  the 
pension benefits. 

Seychelles seamen’s wages shall be paid by the shipowners. They shall be agreed, before 
fishing  authorisations  are  issued,  by  mutual  agreement  between  the  shipowners  or  their 
agents and the competent authorities of Seychelles. However, the wage conditions granted 
to  Seychelles  seamen  shall  not  be  lower  than  those  applied  to  Seychelles  crews 
performing similar duties and shall under no circumstances be below ILO standards. 

For  the  purposes  of  the  enforcement  and  application  of  the  law  of  employment  of 
Seychelles,  the  shipowner's  agent  shall  be  considered  as  the  local  representative  of  the 
shipowner. The contract concluded between the agent and the seamen shall include also 
the conditions for repatriation and the pension benefit applicable to them. 

All  seamen  employed  aboard  European  Union  vessels  shall  report  to  the  master  of  the 
vessel  designated  on  the  day  before  their  proposed  embarkation  date.  Where  a  seaman 
fails  to  report  on  the  date  and  time  agreed  for  embarkation,  shipowners  shall  be 
automatically absolved of their obligation to take the seaman on board. 

Where  the  number  of  Seychelles  seamen  on  board  of  tuna  seiners  does  not  reach  the 
minimum  level  as  provided  in  point  1  for  reasons  other  than  that  referred  to  in  the 
previous point, each shipowner shall be obliged to pay a flat-rate amount equivalent to a 
figure based on the number of days that his fleet operated in Seychelles’ waters, taking the 
entry of the first vessel and exit of the last one as a reference, multiplied by the amount 
per  day  which  is  fixed  at  EUR  20.  The  flat  rate  amount  shall  be  paid  to  the  Seychelles 
authorities at the latest within 90 days from the end of the validity period of the fishing 
authorisation. 

10. 

That  sum  shall  be  used  for  the  training  of  seamen/fishermen  in  Seychelles  and  shall  be 
paid into an account provided by the Seychelles authorities. 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

CHAPTER V - OBSERVERS 

Both  Parties  recognize  the  importance  of  respecting  the  obligations  of  IOTC  Resolution 
10/04 with regards to the Scientific Observer Programme. 

For compliance purposes, provisions for observers are as follows, except in case of space 
limitations due to security requirements: 

2.1.  Vessels  authorised  to  fish  in  Seychelles'  waters  under  the  Fisheries  Partnership 
Agreement  shall  take  on  board  compliance  observers  appointed  by  the  Seychelles 
authorities on the terms set out below. 

2.1.1.European  Union  fishing  vessels  shall,  at  the  request  of  the  Seychelles 
authorities,  take  on  board  one  observer,  and  when  the  Seychelles  authorities 
think  it  appropriate  and  necessary,  two  observers,  designated  by  the  said 
authorities. 

2.1.2.The Seychelles authorities shall draw up a list of vessels designated to take an 
observer  on  board  and  a  list  of  the  appointed  observers.  These  lists  shall  be 
kept up to date. They shall be forwarded to the European Commission as soon 
as  they  have  been  drawn  up,  and  every  three  months  thereafter  where  they 
have been updated. 

2.1.3.The  Seychelles  authorities  shall  inform  the  shipowners  concerned,  or  their 
agents, of the name of the observer appointed to be taken on board their vessel 
no later than 15 days before the observer’s planned embarkation date. 

The time spent on board by observers shall be fixed by the Seychelles authorities but, as a 
general  rule,  it  should  not  exceed  the  time  required  to  carry  out  their  duties.  The 
Seychelles authorities shall inform the shipowners or their agents thereof when notifying 
them of the name of the observer appointed to be taken on board the vessel concerned. 

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between 
shipowners  or  their  agents  and  the  Seychelles  authorities  after  notification  of  the  list  of 
designated vessels. 

Within  two  weeks  and  giving  ten  days’  notice,  the  shipowners  concerned  shall  make 
known  at  which  port  of  Seychelles  and  on  what  dates  they  intend  to  take  observers  on 
board. 

Where observers are taken on board in a foreign port, their travel costs shall be borne by 
the shipowner. Should a vessel with an observer (or two) from Seychelles on board leave 
Seychelles' waters, all measures must be taken to ensure the observer returns to Seychelles 
as soon as possible at the expense of the shipowner. 

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

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8. 

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

8.1.  observe the fishing activities of the vessels; 

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

8.3.  note the fishing gear used; 

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

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

9. 

10. 

8.6.  report fishing data including the quantity of catches and by-catches on board taken 
in  Seychelles'  waters,  once  a  week  by  fax  or  e-mail  or  other  means  of 
communication,. 

Masters of vessels shall do everything reasonably practicable to ensure the physical safety 
and welfare of observers while on board. 

Similarly, as far as possible, they shall be offered every facility needed to carry out their 
duties. The master shall give them access to the means of communication needed for the 
discharge  of  their  duties,  to  documents  directly  concerned  with  the  vessel’s  fishing 
activities, including in particular the logbook and the navigation log, and to those parts of 
the vessel necessary to facilitate the performance of their tasks as observers. 

11. 

While on board, observers shall: 

11.1.  take all appropriate steps to ensure that the conditions of their boarding and presence 

on the vessel neither interrupt nor hamper fishing operations, 

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

belonging to the vessel. 

At the end of the observation period and before leaving the vessel, observers shall draw up 
an activity report to be transmitted to the competent authorities of Seychelles, with a copy 
to the European Commission, which shall be signed by the observers. A copy of the report 
shall be handed to the master when the observers leave the vessel. 

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

The  salary  and  applicable  taxes  of  the  observers  shall  be  borne  by  the  competent 
authorities of Seychelles. 

12. 

13. 

14. 

CHAPTER VI – PORT EQUIPMENT AND USE OF SUPPLIES AND SERVICES 

European Union vessels shall endeavour to procure in Seychelles all supplies and services required 
for their operations. The Seychelles authorities shall lay down, in agreement with the shipowners, 
the conditions for using port equipment and, if necessary, supplies and services. 

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CHAPTER VII - CONTROL 

Vessels shall comply with the written laws of Seychelles regarding fishing gears and the technical 
specifications thereof and all other technical measures applicable to their fishing activities, as well 
as  with  the  conservation,  management  and  other  measures  adopted  by  the  Indian  Ocean  Tuna 
Commission. 

1. 

Vessel list 

The  European  Union  shall  keep  an  up-to-date  list  of  the  vessels  to  which  a  fishing 
authorisation  has  been  issued  under  this  Protocol.  This  list  shall  be  notified  to  the 
authorities of Seychelles responsible for fisheries inspection as soon as it is drawn up and 
each time it is updated. 

2. 

Control procedures 

2.1.  Masters  of  European  Union  fishing  vessels  engaged  in  fishing  activities  in 
Seychelles'  waters  shall  cooperate  with  any  Seychelles  authorised  officer  carrying 
out inspection and control of fishing activities.  

2.2.  In order to facilitate safer inspection procedures, without prejudice to the provisions 
of the written laws of Seychelles, boarding should be conducted in such a way that 
the inspection platform and the inspectors can be identified as Seychelles authorised 
officers. 

2.3.  Seychelles may allow the European Union, or a body designated by it, to send EU 
inspectors  to  observe  the  activities  of  EU  vessels,  including  transhipments,  during 
onshore based controls.  

2.4.  Once  an  inspection  has  been  completed,  the  inspection  report  may  be  commented 
upon and shall be signed by all the persons, including the master, who participated 
in the inspection. A copy of the inspection report shall be given to the master of the 
vessel. 

2.5.  These authorised officers shall not remain on board for longer than is necessary for 

the discharge of their duties. 

Masters of European Union fishing vessels engaged in landing or transhipment operations 
in  a  port  of  Seychelles  shall  allow  and  facilitate  the  inspection  of  such  operations  by 
Seychelles authorised officers. Once the inspection has been completed, a certificate shall 
be issued to the master of the vessel. 

Where  the  provisions  set  out  in  this  Chapter  are  not  complied  with,  the  Government  of 
Seychelles reserves the right to suspend the fishing authorisation of the offending vessel 
until  formalities  have  been  completed  and  to  apply  the  penalty  laid  down  in  existing 
Seychelles'  legislation.  The  flag  Member  State  and  the  European  Commission  shall  be 
informed thereof. 

3. 

4. 

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CHAPTER VIII- Enforcement 

1. 

Sanctions 

1.1.  Failure to observe any one of the provisions of the above chapters, the management 
and  conservation  of  marine  living  resources  measures,  or  the  Seychelles'  written 
laws, shall be subject to the penalties as laid down by the Seychelles' written laws. 

1.2.  The  flag  Member  State  and  the  European  Commission  shall  be  immediately  and 

fully informed of any sanctions and of all relevant facts related thereto. 

1.3.  Where  a  sanction  takes  the  form  of  suspension  or  revocation  of  a  fishing 
authorisation, during the remaining period of the validity of a fishing authorisation 
which  has  been  suspended  or  revoked,  the  European  Commission  may  request 
another fishing authorisation which would have otherwise have been applicable, for 
a vessel from another ship-owner. 

2. 

Arrest and detention of fishing vessels 

The Seychelles authorities shall inform the Delegation of the European Union responsible 
for the Seychelles and the flag State, within 48 hours, of the arrest and/or detention of any 
fishing vessel flying the flag of a Member State of the European Union fishing under the 
Fisheries  Partnership  Agreement  in  Seychelles'  EEZ  and  shall  transmit  a  copy  of  the 
inspection report, detailing the circumstances and reasons of the arrest and/or detention. 

3. 

Information exchange procedure in the event of arrest and/or detention 

3.1.  Whilst respecting the deadlines and procedures of legal proceedings as provided for 
by the written laws of Seychelles relating to arrest and/or detention, a consultation 
meeting shall be held, upon receipt of the above information, between the European 
Commission  and  the  Seychelles  competent  authorities,  possibly  attended  by  a 
representative of the Member State concerned. 

3.2.  At  the  meeting,  the  Parties  shall  exchange  any  relevant  documentation  or 
information helping to clarify the circumstances of the established facts. The ship-
owner  or  its  agent  shall  be  informed  of  the  outcome  of  the  meeting  and  of  any 
measures resulting from the arrest and/or detention. 

4. 

Settlement of arrest and/or detention 

4.1.  An  attempt  shall  be  made  to  resolve  the  presumed  infringement  amicably.  This 
procedure shall be completed no later than three working days after the arrest and/or 
detention, in conformity with the written laws of Seychelles. 

4.2.  In the event of an amicable settlement, the amount of the fine shall be determined in 
accordance with the written laws of Seychelles. If such an amicable settlement is not 
possible, the legal proceeding shall take its course. 

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4.3.  The vessel shall be released and its master discharged once the  obligations  arising 
under  the  amicable  settlement  have  been  fulfilled  and  the  legal  proceedings  have 
been completed. 

5. 

The  European  Commission,  via  the  Delegation  of  the  European  Union,  shall  be  kept 
informed of any proceedings initiated and penalties imposed. 

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Appendix 1 

SEYCHELLES LICENSING AUTHORITY 

P.O.BOX 3 
Victoria, Mahe 
Republic Of Seychelles 
Telephone: 28 34 44 Telefax: 22 42 56 E-mail: ceo@sla.sc 

APPLICATION FOR FOREIGN FISHING LICENCE 

Name of Applicant__________________________________________________ 
Company registration no._____________________________________________ 
Business / postal address___________________________________________  __ 
Tel No._______________Fax No _______________e-mail_________________ 
Name of vessel owner or chartered if different from above__________________ 
_________________________________________________________________ 

VESSEL DETAILS 

Name of Skipper____________________________________________________ 
Port Of Registration__________________________________________________ 
Name of Vessel _________________________Registration no._______________ 
Type of vessel _____________________ IMO No._________________________ 
IOTC No. _________________________OPRT No ________________________ 
Vessel Length (M)__________________ Vessel width (M)__________________ 
Gross Registered Tonnage ___________ Net registered Tonnage _____________ 
Engine Type and Horsepower__________________________________________ 
Radio Call Sign__________________Frequency____________________ 
Description of fishing operation authorised; ____________________________ 
Targeted tuna and tuna-like species: ___________________________________ 
Areas  to  be  fished:  ALL  AREAS  EXCEPT  AREAS  STIPULATED  IN  THE  FISHERIES 
REGULATIONS 
Requirement for disposal of by catch: AS PER FISHERIES ACT AND REGULATION 
Reporting requirement: AS PER FISHERIES ACT AND REGULATION 
VMS requirement: AS PER FISHERIES ACT AND REGULATION AND ESTABLISHED 
COMMUNICATION PROTOCOL 

Authorised port of landing: PORT VICTORIA MAHE SEYCHELLES 

License period requested from____________________to_____________________ 

I hereby certify that the particulars given above are true and correct 

DATE ---------------- SIGNATURE OF APPLICANT ------------------------------ 

Licence fee SR... … ... … ... … … Processing fees SR … ... … ... … ... ...Cash/Cheque No… 
...… ... … ... … ... Receipt No … ... … ... … ... … ..  

Signature of Cashier: ... …... … ... … ... … ... … 

FOR OFFICIAL USE 

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DEPART / SALIDA / DEPARTURE 

PORT  / PUERTO  /  PORT  DATE  / 
FECHA / DATE HEURE / HORA / 
HOUR  LOCH  /  CORREDERA  / 
LOCH 

Statement of catch form for tuna seiners / Fiche de déclaration de captures pour thoniers senneurs 

ARRIVEE / LLEGADA / ARRIVAL 

NAVIRE / BARCO / VESSEL 

PATRON / PATRON / MASTER 

PORT / PUERTO / PORT 

Appendix 2 

FEUILLE 
HOJA / SHEET N° 

DATE / FECHA / DATE HEURE / 
/ 
HORA 
CORREDERA / LOCH 

/  HOUR 

LOCH 

DATE 

FECHA 
DATE 

POSITION  (chaque  calée  ou 
midi) 

CALEE 

CAPTURE ESTIMEE 

ASSOCIATION 
ASSOCIACION 
ASSOCIATION

COMMENTAIRES 

COURANT 

POSICION 
mediadia) 

POSITION 
midday) 

(cada 

lance  o 

(each  set  or 

2 

1 
ALBACORE 

LISTAO 

LISTADO 

RABIL 
YELLOWFIN 

Taille 
Talla 
Size

Capture

Captura

Catch 

Taille 
Talla 
Size 

Capture

Captura

Catch 

3  PATUDO 

AUTRE 
ESPECE 
préciser le/les nom(s) 

REJETS  préciser  le/les 
nom(s) 

PATUDO 
BIGEYE 

OTRA  ESPECIE  dar 
el/los nombre(s) 

DESCARTES  dar  el/los 
nombre(s) 

OTHER  SPECIES  give 
name(s) 

DISCARDS 
name(s) 

give 

Taille 
Talla 
Size 

Capture

Captura

Nom 
Nombre 
Name 

Taille 
Talla 
Size 

Capture

Captura

Nom 
Nombre 
Name 

Taille 
Talla 
Size 

Capture

Captura

Catch

Catch

Catch

Une calée par ligne / Uno lance cada línea / One set by line 

Route/Recherche, problèmes divers,

type d'épave (naturelle/artificielle, 

balisée, bateau), prise accessoire, taille

du banc, autres associations, … 

Ruta/Busca, problemas varios, tipo de

objeto (natural/artificial, con baliza, 

barco), captura accesoria, talla del 

banco, otras asociaciones, …

SIGNATURE  DATE 

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Appendix 3 

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COMMUNICATION OF VMS MESSAGES TO SEYCHELLES 

POSITION REPORT  

Appendix 4 

Mandatory/ 
Optional 
M 

Piece of data   Code 

Start record  

Address 

From 

Type of 
message  

SR 

AD 

FR 

TM 

Radio call sign  RC 

Internal 
Reference 
Number  
External 
Registration 
Number  

Latitude  

Longitude  

IR 

XR 

LA 

LO 

SP 
Speed 
CO 
Course 
DA 
Date  
Time  
TI 
End of record   ER 

M 

M 

M 

M 

O 

O 

M 

M 

M 
M 
M 
M 
M 

Comments  

System detail; indicates start of record  
Message detail; destination Party Alfa-3 ISO country 
code  
Message detail; the transmitting Party Alfa-3 ISO 
country code 

Message detail; message type, "POS"  

Vessel detail; international radio call sign of the 
vessel  

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

Vessel detail; the side number of the vessel  

Position detail; position of the vessel in degrees and 
minutes N/SDDMM (WGS-84)  
Position detail; position of the vessel in degrees and 
minutes E/W DDDMM (Wgs-84)  
Position detail; vessel speed in tenths of knots 
Position detail; vessel course in 360° scale 
Position detail; UTC date of position (YYYYMMDD) 
Position detail; UTC time of position (HHMM)  
System detail; indicates end of record  

Character set: ISO 8859,1 

Each data transmission is structured as follows: 

1.  Data characters in accordance with ISO 8859.1 

2.  Each data transmission is structured as follows: 

•  double slash (“//”) and the characters “SR” indicate the start of a message; 

•  a double slash (“//”) and field code indicate the start of a data element; 

•  a single slash (“/”) separates the field code and the data; 

•  pairs of data are separated by space; 

•  the characters “ER” and a double slash (“//”) at the end indicates the end of a record. 

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COMMUNICATION FORMAT REPORTS 

1. 

ENTRY REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT) 

Appendix 5 

(CONTENT) 
ADDRESSEE 
ACTION CODE 
VESSEL NAME 
INTERNATIONAL RADIO CALL SIGN 
POSITION OF ENTRY 
DATE AND HOUR (UTC) OF ENTRY 
QUANTITY (Mt) OF FISH ON BOARD 

YELLOWFIN 
BIGEYE TUNA 
SKIPJACK 
OTHERS (SPECIFY) 

(TRANSMISSION) 
SFA 
IN 

(Mt) 
(Mt) 
(Mt) 
(Mt) 

2. 

EXIT REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT) 

(CONTENT) 
ADDRESSEE 
ACTION CODE 
VESSEL NAME 
INTERNATIONAL RADIO CALL SIGN 
POSITION OF EXIT 
DATE AND HOUR (UTC) OF EXIT 
QUANTITY (Mt) OF FISH ON BOARD 

YELLOWFIN 
BIGEYE TUNA 
SKIPJACK 
OTHERS (SPECIFY) 

(TRANSMISSION) 
SFA 
OUT 

(Mt) 
(Mt) 
(Mt) 
(Mt) 

3. 

WEEKLY  CATCH  REPORT  FORMAT  (EVERY  THREE  DAYS  WHEN  THE 
VESSEL IS OPERATING IN SEYCHELLES WATERS) 

(CONTENT) 
ADDRESSEE 
ACTION CODE 
VESSEL NAME 
INTERNATIONAL RADIO CALL SIGN 
QUANTITY (Mt) OF FISH ON BOARD 

YELLOWFIN 
BIGEYE TUNA 
SKIPJACK 
OTHERS (SPECIFY) 

NUMBER  OF  SETS  MADE  SINCE  LAST 
REPORT 

(TRANSMISSION) 
SFA 
WCRT 

(Mt) 
(Mt) 
(Mt) 
(Mt) 

All reports shall be transmitted to the competent authority at on the following fax number or 
Electronic-mail address: Fax +248 225957  E-mail fmcsc@sfa.sc 

Seychelles Fishing Authority, P.O. Box 449, Fishing Port, Mahé, Seychelles 

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