Proposal for a COUNCIL DECISION on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles
Date: 2013-11-06
Institutions: European Commission
Subjects: Seychelles, catch quota, financial equalisation, fishing agreement, protocol to an agreement, revision of an agreement













EUR-Lex - 52013PC0767 - EN











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52013PC0767

Proposal for a COUNCIL DECISION on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles /* COM/2013/0767 final - 2013/0375 (NLE) */









EXPLANATORY MEMORANDUM
On the basis of relevant Council mandate[1], 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 Community and the Republic of Seychelles. Following these
negotiations, a new Protocol was initialled on the 10th of May 2013, which covers
a period of six years starting from the adoption of the Council decision on the
Protocol's signing and provisional application and after expiry of the current
Protocol, on 17 January 2014.
This procedure concerning the Council
decision on the conclusion of the new Protocol to the Fisheries Partnership
Agreement is started in parallel with the procedures regarding the Council
decision on the Protocol's signing on behalf of the Union and provisional
application of the new Protocol, and the Council Regulation concerning the
allocation among the Member States of the fishing opportunities under this
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 January 2013.
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 30 700 000 for the whole period. This amount corresponds
to: 
a) EUR 2 750 000 for the first two years of
the application of the Protocol, and EUR 2 500 000 for the remaining years of
the Protocol, equivalent to an annual reference tonnage of 50 000 tonnes, and 
b) EUR 2 600 000 for the first two years of
the Protocol, and EUR 2 500 000 for the remaining years, corresponding to the
additional envelope paid by the EU to support Seychelles' fisheries and
maritime policy. 
The Commission proposes, on this basis,
that the Council, with the consent of the Parliament, adopt by Decision the
conclusion of this Protocol.
2013/0375 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion of the Protocol setting
out the fishing opportunities and the financial contribution provided for in
the Fisheries Partnership Agreement between the European Community 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(2) in
conjunction with Article 218(6)(a) and (7) thereof,
Having regard to the proposal from the
Commission[2],
Having regard to the consent of the
European Parliament[3],
Whereas:
(1)       The Council adopted Council Regulation (EC) No 1562/2006[4]
on 5 October 2006 concerning the conclusion of the Fisheries Partnership
Agreement between the European  Community and the Republic of Seychelles,
(2)       The Commission has
negotiated with Seychelles, on behalf of the Union  a new 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,
(3)       As a result of those
negotiations, the a new Protocol to the Fisheries Partnership Agreement was
initialled on 10 May 2013
(4)       In accordance with Council
Decision No …/2013/EU [5]
the new Protocol has been signed on   , subject to its conclusion at a later
date.
(5)       It is in the interest of
the EU to implement the Partnership Agreement in the fisheries sector with the
Republic of the Seychelles, through a Protocol setting out the fishing
opportunities and the financial contribution and defining the conditions to
promoting responsible fishing and sustainable fisheries in the fishing zone of
the Republic of the Seychelles. It is therefore appropriate to approve the
Protocol on behalf of the Union.
(6)       The Partnership Agreement
in the fisheries sector between the European Community and the Republic of the
Seychelles has established in its Article 9, a Joint Committee responsible for
monitoring the implementation of the Agreement and, where appropriate, adopting
amendments to the Protocol. In order to implement these changes, it is
appropriate to empower the Commission to approve them under a simplified
procedure
(7)       The Protocol should be
approved on behalf of the European Union,
HAS ADOPTED THIS DECISION: 
Article 1
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 is hereby approved on behalf of the Union.
Article 2
The President of the Council shall
designate the person empowered to proceed, on behalf of the Union, to the
notification provided for in Article 16 of the Protocol, in order to express
the consent of the European Union to be bound by the Protocol.
The text of the Protocol is attached to
this Decision.
Article 3
This Decision shall enter into force on the
day following that of its publication in the Official Journal of the European
Union[6].

Done at Brussels,
                                                                       For
the Council
                                                                       The
President
                                                                       
PROTOCOL
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
1.           Article
For a period of six years from the date of the start of the provisional
application, the fishing opportunities granted under Article 5 of the Fisheries
Partnership Agreement shall be as follows:
(a)     40 tuna purse seine vessels, and
(b)     6 surface longliners.
2.           Paragraph
1 shall apply subject to Articles 5 and 6 of this Protocol.
3.           Under
Article 6 of the Fisheries Partnership Agreement, vessels flying the flag of a
Member State of the European Union may engage in fishing activities in fishing
areas within the Seychelles’ Exclusive Economic Zone (EEZ) only if they are in
possession of a fishing authorisation or licence issued under this Protocol in
accordance with the Annex hereto.
Article 2
Financial contribution - Methods of payment
1.           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 30 700 000 for the whole duration of this Protocol. 
2.           This
total financial contribution shall comprise:
(a)                         
an annual amount for access to Seychelles’ EEZ
of EUR 2 750 000 for the first and second years’ of the application of the
Protocol and EUR 2 500 000 for the remaining years (three to six), equivalent
to a reference tonnage of 50,000 tonnes per
year, and 
(b)                         
a specific amount of EUR 2 600 000 for the first
and second years’ application of the Protocol, and EUR 2 500 000 for the
remaining years (three to six) for the support and implementation of
Seychelles' sectoral fisheries policy and maritime policy. 
3.           Paragraph
1 shall apply subject to Articles 3, 4, 5, and 6 of this Protocol. 
4.           The
European Union shall pay the total amounts fixed in paragraph 2 (a) and 2
(b) of this Article each year during the period of application of this
Protocol. Payment shall be made no later than 90 days after the date of the
start of the provisional application, and no later than the anniversary date of
this Protocol for the following years.
5.           (a)     The Seychelles authorities shall monitor the development of the
fisheries by EU vessels to ensure appropriate management of the reference
tonnage of 50,000 tonnes per year. In the course of this monitoring, the
Seychelles shall notify the EU as soon as the total catches of EU vessels
reported in the Seychelles fishing area reaches 80% of the reference tonnage.
On receipt of this notification, the EU shall immediately notify the Member
States of this notification.
(b)     Once the level of 80% of the reference
tonnage has been reached, the Seychelles shall monitor on a daily basis the
level of catches from the EU fleet, and inform the EU immediately when the
reference tonnage level is exceeded. The EU shall also immediately inform the
Member States on receipt of the notification from the Seychelles. 
(c)     From the date of notification,
identified in sub-paragraph b above, by the Seychelles to the EU, to the end of
the period of the annual fishing authorisations for the vessels, the Unit price
paid for the additional catches shall be the total Unit rate for the year in question.
Of this amount, the shipowners shall pay the amount equivalent to that foreseen
under Section 2 of the Annex, relating to Fishing Authorisation conditions for
the year concerned. 
(d)     The EU shall pay the amount equivalent
to the balance between the Unit price to be paid for that year, and the amount
paid by the shipowners. However, the total annual amount paid by the European
Union shall not be more than twice the amount indicated in paragraph 2 (a) of
Article 2. Where the quantities caught by EU vessels exceed the quantities
corresponding to twice the total amount of the annual payment from the EU, the
amount due for the quantity exceeding that limit shall be paid in the following
year. 
6.           Seychelles shall have full
discretion regarding the use to which the financial contribution specified in
Article 2 paragraph 2 (a) is put.
7.           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
1.           No
later than 90 days after the date of the start of the provisional application,
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:
(a)     annual and multiannual programmes for
using the specific amount of the financial contribution referred to in Article
2 paragraph 2 (b); 
(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;
(c)     criteria and procedures for evaluating
the results obtained each year.
2.           Any
proposed amendments to the multiannual sectoral programme shall be approved by
both Parties within the Joint Committee.
3.           If
either Party requests a special meeting of the Joint Committee, as provided by
Article 9 of the Agreement, a written request shall be sent by the Party
requesting the special meeting of the Joint Committee at least 14 days before
the date of the proposed meeting.
4.           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
1.           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.
2.           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.
3.           The
Parties shall also exchange relevant statistical, biological, conservation and
environmental information as may be required for the purpose of managing and
conserving the living resources.
4.           Both
Parties shall endeavour to respect the resolutions and recommendations of the
Indian Ocean Tuna Commission (IOTC) regarding conservation and responsible
management of fisheries. 
5.           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 and revision of technical provisions by
mutual agreement through the Joint Committee
1.           As
provided for in Article 9 of the Fisheries Partnership Agreement, the Joint
Committee may reassess the fishing opportunities referred to in Article 1 and
these may be adjusted by mutual agreement in the Joint Committee 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. 
2.           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). 
3.           The
Joint Committee may also, as necessary, revise by mutual agreement technical
provisions of the Protocol and Annex.
Article 6
New fishing opportunities
1.           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. 
2.           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.
3.           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.
4.           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.
Article 7
Suspension and review of the payment of the financial contribution
1.           Notwithstanding
the provisions laid out in Article 8 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: 
(a)     if exceptional circumstances, other
than natural phenomena, prevent fishing activities in fishing areas within the
Seychelles’ EEZ;
(b)     following significant changes in the
policy guidelines of either one of the Parties affecting the relevant
provisions of this Protocol; 
(c)     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.
2.           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.
3.           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 8
Suspension of the implementation of the Protocol
1.           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: 
(a)     if exceptional circumstances, other
than natural phenomena, prevent fishing activities in fishing areas within the
Seychelles’ EEZ;
(b)     in case the European Union fails to
make the payments provided for in Article 2, paragraph 2 (a) for reasons not
covered by Article 7 of this Protocol; 
(c)     where a dispute arises between the
Parties over the interpretation and implementation of this Protocol and its
Annex which cannot be settled;
(d)     if either one of the Parties does not
respect the provisions laid out by this Protocol and its Annex;
(e)     following significant changes in the
policy guidelines of either one of the Parties affecting the relevant
provisions of this Protocol; 
(f)      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. 
(g)     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.
2.           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.
3.           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 9
Applicable law
1.           The
activities of European Union fishing vessels in Seychelles' EEZ are subject to
the laws and regulations of Seychelles unless otherwise provided under this
Protocol and the Annex thereof. 
2.           Both
Parties shall notify forthwith each other of any changes in their respective
fisheries policy or legislation.
Article 10
Confidentiality
Both
Parties shall ensure that only aggregated data related to fishing activities in
the Seychelles waters shall be made available to the public domain, in
conformity with the provision of the appropriate IOTC resolution. Data which
may be considered as otherwise confidential shall only be used exclusively for
the implementation of the Agreement and for the purposes of fisheries
management, monitoring, control and surveillance with the relevant competent
authorities.
Article 11
Electronic exchanges of data
1.           The
Seychelles and the European Union will undertake to implement the necessary
systems for the electronic exchange of all information and documents related to
the implementation of the Agreement and the Protocol. The electronic form of a
document at any point will be considered equivalent to the paper version.
2.           Both
Parties will immediately notify the other Party of any disruption of a computer
system impeding such exchanges. In these circumstances, the information and
documents related to the implementation of the Agreement and the Protocol shall
be automatically replaced by their paper version in the manner defined in the
Annex.
Article 12
Mid-term Review
The
Parties agree that in order to evaluate the functioning and effectiveness of
the Protocol, a mid-term review will be held three years following the date of
the start of the provisional application of the Protocol.
Article 13
Termination
1.           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. 
2.           Dispatch
of the notification referred to in the previous paragraph shall open
consultations by the Parties.
Article 14
Obligation on Expiry of Protocol or
Termination
1.           In
the case of the expiry of the Protocol or its termination as provided by
Article 12, EU vessel owners shall continue to be liable for any breach of the
provisions of the Agreement or the Protocol or any laws of the Seychelles which
occurred before the expiry or termination of the Protocol, or for any licence
fee or any outstanding dues not paid at the time of expiry or termination.
2.           If
necessary, the two Parties shall continue to monitor the implementation of the
sectoral support provided under Article 2. 2(b) of the Protocol.
Article 15
Provisional Application
This Protocol shall be applied provisionally
from 18 January 2014. 
Article 16
Entry into force
This Protocol shall enter into force on the
date on which the Parties notify each other of the completion of the procedures
necessary for that purpose. 
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.           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. 
2.           ‘Fishing authorisation’
means a valid entitlement or license to engage in fishing activities in accordance
with the terms of the said fishing authorisation provided under the Protocol.
3.           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. 
4.           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.
5.           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. 
6.           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 advance fees due for the
full validity period of the fishing authorisation.
7.           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:
(a)     proof of payment of the advance fee
for the period of validity of the fishing authorisation;
(b)     any other documents or certificates
required under the specific rules applicable to the type of vessel concerned
pursuant to the Protocol.
8.           The fee shall be paid into
the account provided by the Seychelles authorities. 
9.           Fees shall include all
national and local charges except for port taxes and service charges.
10.         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.
11.         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. 
12.         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. 
13.         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.
14.         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
application, and is renewable subject to fulfilment of application conditions
as laid out in Section 1 above.
2.           The fees to be paid by
shipowners shall be calculated on the basis of the following rate per tonne of
fish caught:
For the first year of application of the
Protocol, 55 EUR per tonne; 
For the second year of application of the
Protocol, 60 EUR per tonne; 
For the third year of application of the
Protocol, 65 EUR per tonne;
For the fourth and fifth years of
application of the Protocol, 70 EUR per tonne;
For the sixth year of application of the
Protocol, 75 EUR per tonne;
3.           The annual advance payment
fee to be paid by the shipowners at the time of application for a fishing
authorisation to be issued by the Seychelles authorities shall be as follows:
a. Tuna Purse Seine Vessels
For the first year of application of the
Protocol, the advance payment shall be 38 500 EUR, which the equivalent of 55
EUR per tonne for 700 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
For the second year of application of the
Protocol, the advance payment shall be 42 000 EUR, which the equivalent of 60
EUR per tonne for 700 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
For the third year of application of the
Protocol, the advance payment shall be 45 500 EUR, which the equivalent of 65
EUR per tonne for 700 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
For the fourth and fifth year of
application of the Protocol, the advance payment shall be 49 000 EUR, which the
equivalent of 70 EUR per tonne for 700 tonnes of tuna and tuna like species
caught within Seychelles' Fishing Areas.
For the sixth year of application of the
Protocol, the advance payment shall be 52 500 EUR, which the equivalent of 75
EUR per tonne for 700 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
b. Long-line vessels (above 250GRT)
For the first year of application of the
Protocol, the advance payment shall be 6 600 EUR, which the equivalent of 55
EUR per tonne for 120 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
For the second year of application of the
Protocol, the advance payment shall be 7 200 EUR, which the equivalent of 60
EUR per tonne for 120 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
For the third year of application of the
Protocol, the advance payment shall be 7 800 EUR, which the equivalent of 65
EUR per tonne for 120 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
For the fourth and fifth year of
application of the Protocol, the advance payment shall be 8 400 EUR, which the
equivalent of 70 EUR per tonne for 120 tonnes of tuna and tuna like species
caught within Seychelles' Fishing Areas.
For the sixth year of application of the
Protocol, the advance payment shall be 9 000 EUR, which the equivalent of 75
EUR per tonne for 120 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
c. Long-line vessels (below250GRT)
For the first year of application of the
Protocol, the advance payment shall be 4 950 EUR, which the equivalent of 55
EUR per tonne for 90 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
For the second year of application of the
Protocol, the advance payment shall be 5 400 EUR, which the equivalent of 60
EUR per tonne for 90 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
For the third year of application of the
Protocol, the advance payment shall be 5 850 EUR, which the equivalent of 65
EUR per tonne for 90 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
For the fourth and fifth year of
application of the Protocol, the advance payment shall be 6 300 EUR, which the
equivalent of 70 EUR per tonne for 90 tonnes of tuna and tuna like species
caught within Seychelles' Fishing Areas.
For the sixth year of application of the
Protocol, the advance payment shall be 6 750 EUR, which the equivalent of 75
EUR per tonne for 90 tonnes of tuna and tuna like species caught within
Seychelles' Fishing Areas.
4.           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 temporis payment on a case by case basis upon individual requests by
shipowners sent through the European Commission.
5.           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.
6.           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.
7.           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. Where the final statement is
less than the advance payment referred to in paragraph 2, the balance shall not
be recoverable by the shipowner.
Section 3 
Supply vessels
1.           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. In the event of any change in the provisions, fees
and conditions the Seychelles shall inform the European Commission of this
change before it enters into effect. 
2.           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. 
Chapter II - Fishing Areas
1.           Fishing areas are defined
as the Seychelles’ EEZ with the exception of restricted or prohibited areas.
The geographic co-ordinates of the Seychelles’ EEZ and restricted or prohibited
areas are listed in Appendix 2. 
2.           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 as defined in Appendix 2 point 2, the
geographical positions of which shall be 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, until such time as the Electronic catch Reporting
System, referred to as ERS, is implemented by both Parties:
1.1         The European Union vessels
licensed to fish in Seychelles' waters shall fill a statement of catch form as
set out in Appendices 3 and 4 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         While in Seychelles waters,
EU vessels shall report to the competent authority of the Seychelles, every
three (3) days, the information required in the format provided for in Appendix
5.
1.3         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.
1.4         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.
2.           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.
3.           The two Parties shall
endeavour to implement from 1 June 2014 a system for the electronic exchange of
catch and reporting data related to the fishing activities of the EU vessels in
Seychelles' waters, as defined in the guidelines in Appendix 6. 
4.           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.
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. 
2.           European Union vessels
shall notify the Seychelles authorities at least six (6) 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. 
3.           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. 
4.           The Seychelles authorities
may exempt surface long liners not fitted with the appropriate communication
equipment from the obligation to report in the format of Appendix 4 mentioned
in the previous paragraph and replace it by a radio communication though the
radio frequency mentioned in Appendix 7 point 3. 
5.           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. 
Section 3 
Landing
1.           The designated port for
landing activities in the Seychelles is Victoria, Mahé.
2.           All vessels wishing to
land catches in Seychelles' designated ports shall notify the following
information to the competent authority of Seychelles at least 24 hours in
advance:
(a)                         
the landing port;
(b)                         
the name and IRCS of the landing fishing vessel;
(c)                         
the date and time of landing;
(d)                         
the quantity in Kg, rounded to the nearest
100Kg, by species to be landed;
(e)                         
the product form presentation.
3.           Landings shall be
considered as an exit from Seychelles' waters as defined in Section 2.1.
Vessels must therefore submit their Landing Declarations to the competent
authorities of Seychelles, no later than twenty four (24) hours after
completion of the landing, or in any event, before the donor vessel leaves
port, whichever occurs first.
4.           Tuna seiners shall endeavour
to supply tuna to the Seychelles' cannery and/or the local industry at
international market price. 
5.           Tuna seiners landing in Port
Victoria will endeavour to make their by-catches available locally at the local
market price. 
Section 4
Transhipment
1.           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.
2.           The shipowners or their
agents must notify the following information to the competent authority of
Seychelles at least 24 hours in advance:
(a)                         
the transhipment port or area where the
operation will occur;
(b)                         
the name and IRCS of the donor fishing vessels;
(c)                         
the name and IRCS of the receiving fishing
vessel and/or reefer;
(d)                         
the date and time of transhipment;
(e)                         
the quantity in Kg, rounded to the nearest
100Kg, by species to be transhipped;
(f)                           
the product form presentation.
3.           Transhipment shall be
considered as an exit from Seychelles' waters as defined in Section 2.1.
Vessels shall submit their catch declarations to the competent authorities of
Seychelles, no later than twenty four (24) hours after completion of the
transhipment, or in any event, before the donor vessel leaves port, whichever
occurs first.
Section 5 
Vessels Monitoring System (VMS)
With regards to the Vessel Monitoring
System, all EU fishing vessels fishing, or intending to fish, in the fishing
areas within the Seychelles EEZ under this Agreement, shall comply with all the
provisions defined in the Appendix 8.
Chapter IV – Embarking seamen
1.           Each tuna seiner shall
take on board during its trip in Seychelles’ waters at least two qualified
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. The Guidelines for the Engaging of Seychelles Seamen on EU Vessels
are provided in Appendix 9.
2.           The competent authority
shall provide the shipowners or their agents on the date of entry into force of
the Protocol and annually thereafter, with a copy of the list of qualified
seamen designated by the Seychelles. The competent authority shall immediately
and no later than 48 hours after, notify the shipowners or their agents of any
modification to this list. If the shipowner or agent could not engage qualified
seamen, the vessel will be relieved from this obligation and the associated
obligations foreseen under this Chapter, notably paragraph 10 below.
3.           When possible, shipowners
shall endeavour to take on board 2 trainees in place of the above obligation
regarding 2 Seychelles seamen embarkment. The two qualified trainees could be
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.
4.           Shipowners shall endeavour
to take on board additional Seychelles seamen.
5.           The shipowner or agent
shall inform the competent authority of Seychelles of the names and particulars
of the Seychellois seamen who may be embarked on board the vessel concerned,
mentioning their position in the crew list.
6.           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.
7.           In the case where Seychellois
seamen are embarked, employment contracts 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, the pension
benefits, as well as the basic wage to be paid under the provisions of this
Chapter. A copy of the contract shall be given to the signatories. 
8.           In the case where Seychellois
seamen are embarked, their wages shall be paid by the shipowners. The basic
wage conditions, i.e. minimum wage before the addition of bonuses, granted to Seychellois
seamen shall be set on either the basis of that provided by Seychelles
legislation or the minimum standard set by the ILO. The basic minimum wage
shall not be lower than those applied to Seychelles crews performing similar
duties and shall under no circumstances be below ILO standards.
9.           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.
10.         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.
11.         Where the number of
Seychelles qualified seamen or trainees on board of tuna seiners does not reach
the minimum level as provided in paragraph 1 for reasons other than that
referred to in the paragraph 9, 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.
Chapter V - Observers
1.           Both Parties recognize the
importance of respecting the obligations of IOTC Resolution 11/04 with regards
to the Scientific Observer Programme. 
2.           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 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 if
possible, in the context of a regional observation programme.
2.1.2  The Seychelles authorities shall draw
up a list of vessels designated to take an observer on board and a list of
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.
3.           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, unless the
observer is appointed in the context of regional Observer Programmes where
he/she may remain on board to undertake his/her duties in the context of the
Programme. 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.
4.           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. 
5.           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.
6.           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.
7.           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.
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;
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,.
9.           Masters of vessels shall
do everything reasonably practicable to ensure the physical safety and welfare
of observers while on board.
10.         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. 
12.         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.
13.         Shipowners shall bear the
cost of accommodating observers in the same conditions as the officers on the
vessel.
14.         The salary and applicable
taxes of the observers shall be borne by the competent authorities of
Seychelles.
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.
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 and duly identified 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 shall make available
to the European Union a list with all inspection platforms used for sea
inspections in line with FAO UNFSA recommendations. This list should contain inter
alia:
·              
Fisheries Patrol Vessels (FPV) names;
·              
FPV Vessel details;
·              
FPV photo. 
2.4    Seychelles may on the request of the
European Union, or a body designated by it, allow EU inspectors to observe the
activities of EU vessels, including transhipments, during onshore based
controls. 
2.5    Once an inspection has been
completed and the inspection report signed by the inspector, the report shall be
made available for signature, comments and remarks, if any, by the master. This
signature shall not prejudice the rights of the Parties in the context of
alleged infringement procedures. A copy of the inspection report shall be given
to the master of the vessel before the inspection boarding party leaves the
vessel. 
2.6    These authorised officers shall
not remain on board for longer than is necessary for the discharge of their
duties.
3.           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. 
4.           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.
Chapter VIII- Enforcement 
1.           Sanctions 
(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. 
(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. 
(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 
3.           The Seychelles authorities
shall inform immediately the Delegation of the European Union responsible for
the Seychelles and the EU flag State, of the arrest and/or detention of any
fishing vessel operating under the Fisheries Partnership Agreement and shall
transmit a copy of the inspection report, detailing the circumstances and
reasons of the arrest and/or detention within 48 hours. 
4.           Information exchange
procedure in the event of arrest and/or detention
(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.
(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.
5.           Settlement of arrest
and/or detention
(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.
(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.
(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.
6.           The European Commission,
via the Delegation of the European Union, shall be kept informed of any
proceedings initiated and penalties imposed.
Appendices
Appendix 1 – Fishing Authorisation
Application form
Appendix 2 – Geographical Coordinates 
(1)         
Seychelles EEZ 
(2)         
Prohibited or Restricted Areas
Appendix 3 – Fishing Logbook sheet – Tuna
Seiners
Appendix 4 – Fishing Logbook sheet –
Longliners
Appendix 5 – Communication Format Reports
Appendix 6 – ERS Framework Guidelines
Appendix 7 – Seychelles Contact Details 
(1)         
Seychelles Fishing Authority
(2)         
Seychelles Licensing Authority
(3)         
Seychelles FMC
Appendix 8 – VMS Framework
Appendix 9 – Guidelines for the engaging of
Seychelles Seamen on EU Purse-seine vessels
Appendix 1
SEYCHELLES LICENSING AUTHORITY
Application for Foreign Fishing
Authorisation
I - APPLICANT
1.             Name
of Applicant:
...............................................................................................................................................................................
2.             Name
of the Producer Organisation (PO), or Ship-owner's representative:
.........................................................................................
3.             Address
of the PO or Ship-owner's representative:
...............................................................................................................................
...........................................................................................................................................................................................................
4.             Tel
No:....................................................  Fax:
................................... e-mail: …………………………………………………….……………………………
5.             Master's
Name: .............................................. Nationality:
............................... e-mail: ……………………………..…..………………………………
6.             Ship-owner
or Chartering entity if different from
above:………………………………………………………….………………………………………………………
II - VESSEL IDENTIFICATION DETAILS
1.             Vessel's
Name:
.......................................................................................................................................................................................
2.             Flag
State:………………………………………….…….……………....… Port of
registration:.......................................................................................
3.             External
Marks: ............................. MMSI : ………….………....……….……. IMO No. :…………………..……….……… RFMO No.:…………….……………
5.             Date
of current flag Registration (DD/MM/YYYY): ......./......./......... Previous
Flag (if applicable):.……………………………………………………
6.             Place
of construction:
..................................................................... Date
(DD/MM/YYYY): …...../…..../…….….. IRCS: .................................. 
7.             Radio
Call Frequency: HF: ……………………………… VHF: …………………............ Vessel Satellite Phone No.:………….……………….……………………
III - VESSEL TECHNICAL DETAILS
1.             Vessel
LOA (mts): .................................... BOA (mts):
................................... GT: …………………….……….…… Net
T:…..……...…..……………..
2.             Hull
material:                   Steel ¨             Wood ¨           Polyester ¨                  Other ¨ …………………………………………………………………
3.             Engine
Type:………………………………………………. Engine Power (in HP) : ..................... Engine
Manufacturer: ........................................
4.             Max.
Crew Members: ........................ No of Seamen embarked under FPA:
………................................................................................
5.             Conservation
method on board:          Ice ¨                Refrigeration ¨             Mixed ¨             Frozen¨
6.             Processing
capacity per day (24h) in Tones: ................... No. of Fish
Holds:................ Fish Holds Total capacity (m3) : .................. ....
7.             Type
of Vessel: ¨ Purseiner ¨ Longliner ¨ Support Vessel (*)
8.             VMS.
Details of the Automatic Location Device:
                Manufacturer:
……………………..…………..…………………Model: ………………..………………………………… Serial No.:……………………. …………………..
                Software
Version: ...................................................... Satellite
Operator (MCSP): ……………………….…………………………..…………..…………. 
IV - FISHING ACTIVITY
1.             Fishing
gear authorised:
...............................................................................................................................................
2.             Authorised
Fishing Zones: ………………………………………………….. Target species: …………………………………………..…………….. 
3.             License
period requested from (DD/MM/YYYY): ……..… / ………. / ………..……. To: …….…./ …….. /
……..……
4.             Requirement
for disposal of by catch: AS PER FISHERIES ACT AND REGULATION.
5.             Reporting
requirement: AS PER FISHERIES ACT AND REGULATION.
6.             Designated
Ports Landing/transhipping: PORT VICTORIA, MAHE, SEYCHELLES.
I the undersigned, hereby certify that
the information provided in this application is true and correct and given in
good faith.
                Issued in
________________________________________, _____ _______________________ 20__
___
Signature of the Applicant:
_______________________________________________________________
FOR OFFICIAL USE ONLY
Licence fee EUR: _________________________________________
Processing fees EUR: _________________________________________
¨ Cash ¨ Cheque No.: _________________________ ¨ Bank Transfer Refª: __________________________Receipt
No: ______________ 
Signature of Cashier:
______________________________________________________ Date (DD/MM/YYYY): ____
/ _____ / ___________
(*) The list of fishing
vessels supported by this Support Vessel should be attached to this form, if
possible. The list should contain the name and RFMO (IOTC) number.
Appendix 2.1
Geographical Coordinates
1. Seychelles’ EEZ
 Point || Latitude || Longitude 
 1 || 07° 46' S || 43° 15' E 
 2 || 06° 04' S || 46° 41'E 
 3 || 06° 19' S || 47° 49'E 
 4 || 06° 30' S || 48° 40'E 
 5 || 05° 41' S || 49° 57'E 
 6 || 04° 32' S || 50° 04'E 
 7 || 01° 38' S || 52° 36'E 
 8 || 00° 29' S || 56° 03'E 
 9 || 02° 39' S || 58° 48'E 
 10 || 04° 01' S || 59° 15'E 
 11 || 05° 34' S || 59° 09'E 
 12 || 07° 10' S || 59° 30'E 
 13 || 08° 27' S || 59° 22'E 
 14 || 08° 33' S || 58° 23'E 
 15 || 08° 45' S || 56° 25'E 
 16 || 08° 56' S || 54° 30'E 
 17 || 09° 39' S || 53° 53'E 
 18 || 12° 17' S || 53° 49'E 
 19 || 12° 47' S || 53° 14'E 
 20 || 11° 31' S || 50° 29'E 
 21 || 11° 05' S || 50° 42'E 
 22 || 10° 17' S || 49° 26'E 
 23 || 11° 01' S || 48° 30'E 
 24 || 10° 47' S || 47° 33'E 
 25 || 10° 37' S || 46° 56'E 
 26 || 11° 12' S || 45° 47'E 
 27 || 10° 55' S || 45° 31'E 
 28 || 10° 27' S || 44° 51'E 
 29 || 08° 05' S || 43° 10'E 
Appendix
2.2
Geographical
Coordinates
2. Forbidden and Restricted Fishing Zones within Seychelles EEZ
(As
defined in the Laws of Seychelles, Fisheries Act Chapter 82, revised edition
2010)
Zone
1 - Mahe Island and Seychelles Bank       
                                    Latitude            Longitude
Point
'01.          5°         22.0'    S          57°       23.04'  E
Point
'02.          3°         40.0'    S          56°       06.9'    E
Point
'03.          3°         30.0'    S          55°       11.0'    E
Point
'04.          3°         55.0'    S          54°       23.0'    E
Point
'05.          4°         44.0'    S          56°       08.0'    E
Point
'06.          5°         38.0' S 56°       08.0'    E
Point
'07.          6°         34.04' S           56°       02.0'    E
Point
'08.          6°         34.0' S 56°       23.0'    E, and back to Point one,
point of commencement
            
Zone
2 - Platte Island
                                    Latitude            Longitude
Point
'01.          6°         06.3'    S          55°       35.6'    E
Point
'02.          5°         39.0'    S          55°       35.6'    E
Point
'03.          5°         39.0'    S          55°       10.0'    E
Point
'04.          5°         39.0'    S          55°       10.0'    E, and back to
Point one, point of commencement
            
Zone
3 - Coetivy Island
                                    Latitude            Longitude
Point
'01.          7°         23.0'    S          56°       25.0'    E
Point
'02.          6°         53.0'    S          56°       35.0'    E
Point
'03.          6°         53.0'    S          56°       06.0'    E
Point
'04.          6°         06.3'    S          55°       10.0'    E, and back to
Point one, point of commencement
            
Zone
4 - Fortune Bank
                                    Latitude            Longitude
Point
'01.          7°         35.0'    S          57°       13.0'    E
Point
'02.          7°         01.0'    S          56°       56.0'    E
Point
'03.          7°         01.0'    S          56°       45.0'    E
Point
'04.          7°         16.0'    S          56°       40.0'    E
Point
'05.          7°         35.0'    S          56°       49.0'    E, and back to
Point one, point of commencement
            
Zone
5 - Amirantes Islands
                                    Latitude            Longitude
Point
'01.          5°         45.0'    S          53°       55.0'    E
Point
'02.          4°         41.0'    S          53°       35.6'    E
Point
'03.          4°         41.0'    S          53°       13.0'    E
Point
'04.          6°         09.O'   S          52°       36.0'    E
Point
'05.          6°         33.0'    S          53°       06.0'    E, and back to
Point one, point of commencement
            
Zone
6 - Alphonse Island
                                    Latitude                        Longitude
Point
'01.          7°         21.5'    S          52°       56.5'    E
Point
'02.          6°         48.0'    S          52°       56.5'    E
Point
'03.          6°         48.0'    S          52°       32.0'    E
Point
'04.          7°         21.5'    S          52°       32.0'    E, and back to
Point one, point of commencement
                                                                        
Zone
7 - Province, Farquhar and St Pierre and Wizard Reef
                                    Latitude                        Longitude
Point
'01.          10°       20.0'    S          51°       29.0'    E
Point
'02.          8°         39.0'    S          51°       12.0'    E
Point
'03.          9°         04.0'    S          50°       28.0'    E
Point
'04.          10°       30.0'    S          50°       46.0'    E, and back to
Point one, point of commencement
                                                                        
Zone
8 - Cosmoledo and Astove islands
                                    Latitude                        Longitude
Point
'01.          10°       18.0'    S          48°       02.0'    E
Point
'02.          9°         34.0'    S          47°       49.0'    E
Point
'03.          9°         23.0'    S          47°       34.0'    E
Point
'04.          9°         39.0'    S          47°       14.0'    E
Point
'05.          10°       18.0'    S          47°       36.0'    E, and back to
Point one, point of commencement
                                                                        
Zone
9 - Aldabra and Assomption Islands
                                    Latitude                        Longitude
Point
'01.          9°         54.0'    S          46°       44.0'    E
Point
'02.          9°         10.0'    S          46°       44.0'    E
Point
'03.          9°         10.0'    S          46°       01.0'    E
Point
'04.          9°         59.0'    S          46°       01.0'    E, and back to
Point one, point of commencement
 
Appendix
3
Statement of catch form for tuna seiners
/ Fiche de déclaration de captures pour thoniers senneurs 
 DEPART / SALIDA / DEPARTURE || ARRIVEE / LLEGADA / ARRIVAL || NAVIRE / BARCO / VESSEL || PATRON / PATRON / MASTER || FEUILLE 
 PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH || PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH ||   ||   || HOJA / SHEET N° 
 DATE FECHA DATE || POSITION (chaque calée ou midi) POSICION (cada lance o mediadia) POSITION (each set or midday) || CALEE LANCE SET || CAPTURE ESTIMEE ESTIMACION DE LA CAPTURA ESTIMATED CATCH || ASSOCIATION ASSOCIACION ASSOCIATION || COMMENTAIRES OBSERVATIONES COMMENTS ||   || COURANT CORRIENTE CURRENT 
     ||     ||   ||   ||   ||   || 1 ALBACORE RABIL YELLOWFIN || 2 LISTAO LISTADO SKIPJACK || 3 PATUDO PATUDO BIGEYE || AUTRE ESPECE préciser le/les nom(s) OTRA ESPECIE dar el/los nombre(s) OTHER SPECIES give name(s) || REJETS préciser le/les nom(s) DESCARTES dar el/los nombre(s) DISCARDS give name(s) ||   ||   ||   ||   ||   ||   || 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, … Steaming/Searching, miscellaneous problems, log type (natural/artificial, with radio beacon, vessel), by catch, school size, other associations, … ||     ||   ||   
     ||     ||     ||     ||     ||     || Taille Talla Size || Capture Captura Catch || Taille Talla Size || Capture Captura Catch || Taille Talla Size || Capture Captura Catch || Nom Nombre Name || Taille Talla Size || Capture Captura Catch || Nom Nombre Name || Taille Talla Size || Capture Captura Catch ||     ||     ||     ||     ||     ||     ||     ||     ||     ||     
 Une calée par ligne / Uno lance cada línea / One set by line 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
SIGNATURE                                                                                       DATE
Appendix
4
Appendix 5
Communication Format Reports
Entry
Report (COE)[7] 
 Content || Transmission 
 Destination || SFA 
 Action code || COE 
 Vessel Name ||   
 IRCS ||   
 Position of entry || LT/LG 
 Date and Time (UTC) of entry || DD/MM/YYYY – HH:MM 
 Quantity (Mt) of fish on board per specie: ||   
 Yellowfin (YFT) || (Mt) 
 Bigeye Tuna (BET) || (Mt) 
 Skipjack (SKJ) || (Mt) 
 Others (Specify) || (Mt) 
Exit Report (COX)[8]
 Content || Transmission 
 Destination || SFA 
 Action code || COX 
 Vessel Name ||   
 IRCS ||   
 Position of entry || LT/LG 
 Date and Time (UTC) of exit || DD/MM/YYYY – HH:MM 
 Quantity (Mt) of fish on board per specie: ||   
 Yellowfin (YFT) || (Mt) 
 Bigeye Tuna (BET) || (Mt) 
 Skipjack (SKJ) || (Mt) 
 Others (Specify) || (Mt) 
Catch Report (CAT) Format
once inside Fishing Zones within Seychelles EEZ[9].
 Content || Transmission 
 Destination || SFA 
 Action code || CAT 
 Vessel Name ||   
 IRCS ||   
 Date and Time (UTC) of report || DD/MM/YYYY – HH:MM 
 Quantity (Mt) of fish on board per specie: ||   
 Yellowfin (YFT) || (Mt) 
 Bigeye Tuna (BET) || (Mt) 
 Skipjack (SKJ) || (Mt) 
 Others (Specify) || (Mt) 
 Number of sets made since last report ||   
All reports shall be
transmitted to the competent authority through the following contacts:
E-mail: fmcsc@sfa.sc
Fax: +248 4225 957 
Mail address: Seychelles
Fishing Authority, P.O. Box 449, Fishing Port, Mahé, Seychelles
Appendix 6
Framework guidelines for
the implementation and management of an electronic system to record and report
fishing activities data (ERS)
General
Provisions
1.           All EU fishing vessels
must be equipped with an electronic system, hereinafter referred to as
"ERS system", capable of recording and transmitting data relating to
the fishing activity of the vessel, hereinafter referred to as "ERS data
", whenever the vessel is operating in the waters of Seychelles.
2.           An EU vessel that is not
equipped with an ERS system, or if the ERS system installed on board is not
functional,  is not allowed to enter the waters of Seychelles to conduct
fishing activities.
3.           The ERS data is
transmitted in accordance with the present guidelines to the Fisheries
Monitoring Centre (hereinafter referred to as "FMC") of the flag
State, which ensures the automatic provision to the Seychelles FMC.
4.           The flag State and Seychelles
ensure that their FMC are equipped with the hardware and software required for
the automatic transmission of ERS data in XML format available on [http://ec.europa.eu/cfp/control/codes/index_en.htm],
and have backup procedures capable of recording and storing ERS data in a
computer readable form for a period of at least 3 years.
5.           Any modification or update
of the format referred to in point 3 shall be identified and dated, and shall
be operational six months after its implementation.
6.           The ERS data transmission
must use electronic means of communication managed by the European Commission
on behalf of the EU, identified as DEH (Data Exchange Highway).
7.           The flag State and Seychelles
shall both designate single points of contact for ERS:
(a)                         
The corresponding ERS single points of contact
are appointed for a minimum period of six months;
(b)                         
The FMC of the flag State and Seychelles shall
notify each other before 01/04/2014 the contact details (name, address,
telephone, telex, e-mail) of their corresponding ERS single point of contact;
(c)                         
Any changes to the contact details mentioned
above must be communicated without delay.
Reporting and
transmission of ERS data
1.           The EU fishing vessels
shall:
(a)                         
Transmit daily the ERS data for each day spent
in the waters of Seychelles;
(b)                         
Register for each haul the quantities of each
species caught and retained on board as a target species or by catch, and/or
rejected;
(c)                         
For each species identified in the fishing
authorization issued by Seychelles, zero catches must also be reported;
(d)                         
Each species must be identified by its FAO 3
alpha code;
(e)                         
Quantities are expressed in kilograms of live
weight and, if required, number of individuals;
(f)                           
Record in the ERS data, for each species identified
in the fishing authorization issued by Seychelles, the quantities which are
transhipped and/or landed;
(g)                         
Record in the ERS data at each entry (COE
message) and exit (COX message) of the waters of Seychelles, a specific message
containing, for each species identified in the fishing authorization issued by Seychelles,
the quantities that are held on board at the time of the entry or exit;
(h)                         
Transmit daily the ERS data to the FMC of the
flag state, in the format referred to in paragraph 3 above, no later than
23:59H UTC.
2.           The captain is responsible
for the accuracy of the ERS data recorded and transmitted.
3.            The FMC of the flag state
will automatically and without delay forward the ERS data to the FMC of Seychelles.
4.           The FMC of Seychelles
shall confirm receipt of the ERS data with a return message and treat all ERS
data as confidential.
Failure of
the ERS system aboard the ship, and/or for the transmission of ERS data between
the vessel and the FMC of the flag State
1.           The flag State shall
promptly inform the master and/or owner of a vessel flying its flag, or its
representative, of any technical malfunction of the ERS equipment installed on
board the vessel, or of non-transmission of ERS data between the vessel and the
flag State FMC.
2.           The flag State shall
notify Seychelles of the fault and of the corrective actions taken.
3.           In the case of failure of
the ERS system on board of the vessel, the captain and/or owner shall repair or
replace the defective equipment within 10 days. If the vessel makes a port call
within these 10 days, it shall only resume its fishing activities in the waters
of Seychelles when the ERS system is fully functioning, unless otherwise authorized
by the Seychelles.
4.           A fishing vessel may not
leave the port with a defective ERS system unless:
(a)                         
the system is fully functional again, to the
satisfaction of the flag State and of the Seychelles, or;
(b)                         
if the vessel has no intention to resume its
fishing activities in the waters of Seychelles, the vessel receives the
authorization of the flag State. In this case, the flag State shall inform the Seychelles
of its decision before the ship leaves the port.
5.           Any EU vessel operating in
the waters of Seychelles with a faulty ERS system shall provide daily, and no
later than 23:59H UTC, all ERS data to the FMC of the flag state by any other
electronic means of communication available and accessible to the Seychelles
until such time as the ERS system is repaired in the deadline referred to in
paragraph 14.
6.           The ERS data that could
not be made available to Seychelles though the ERS system due to the failure
referred to in paragraph 12, shall be transmitted by the FMC of the flag State
to Seychelles FMC in an alternative electronic format mutually agreed. This
alternative transmission is considered as a priority, given that transmission
delays normally applicable may not be respected.
7.           If the FMC of Seychelles
does not receive the ERS data from a vessel for 3 consecutive days, Seychelles
may instruct the vessel to proceed immediately to a port designated by
Seychelles for investigation.
Failure of
the FMC - Non-receipt of the ERS data by the FMC of Seychelles
1.           When one of the FMC does
not receive the ERS data, its ERS single contact shall promptly inform the ERS
single contact of the other FMC and, if necessary, collaborate to solve the
problem.
2.           The FMC of the flag State
and the FMC of Seychelles shall mutually agree before 01/06/2014 on the alternative
electronic means of communication to be used for the transmission of the ERS
data in case of failure of an FMC, and inform each other without delay of any
change.
3.           Whenever the FMC of Seychelles
reports that have not been received ERS data, the FMC of the flag State shall
identify the causes of the problem and take appropriate measures to ensure that
the problem is solved. The FMC of the flag State shall notify the FMC of Seychelles
and the EU of the results and measures taken within 24 hours from the
acknowledgment of the failure.
4.           If the resolution of the
problem requires more than 24 hours, the FMC of the flag State shall forward
the missing ERS data to the FMC of Seychelles using the alternative means of
communication referred to in paragraph 17.
5.           Seychelles shall inform
its competent Monitoring Control and Surveillance (MCS) services so that the EU
vessels are not subject to any infringement procedure for the non-reception of the
ERS data by the Seychelles FMC due to the failure of the FMC.
Maintenance
of an FMC
1.           The scheduled maintenance
of an FMC (maintenance program) that is likely to affect the exchange of ERS
data must be notified to the other FMC at least 72 hours in advance, indicating
if possible the date and the duration of the maintenance. Unscheduled
maintenance shall be communicated as soon as possible to the other FMC.
2.           During the maintenance,
the provision of ERS data can be queued until the system is operational again.
Relevant ERS data are then made available immediately after maintenance has
been completed.
3.           If maintenance lasts more
than 24 hours, the ERS data will be transmitted to the other FMC using the
electronic alternative means referred to in paragraph 17.
4.           Seychelles shall inform
its competent Monitoring Control and Surveillance (MCS) services so that the EU
vessels are not subject to any infringement procedure for non-transmission of
the ERS data due to maintenance of the FMC.
Appendix 7
Seychelles Contact Coordinates
1. Seychelles Fishing Authority
Address:
E-mail:        
Telephone:
Fax:
2. Seychelles Licensing Authority
Address:
E-mail:
Telephone:
Fax:
3. Seychelles Fishing Monitoring Centre
(FMC)
Address:
E-mail:
Telephone:
Fax:
Focal point
Name:
E-mail:
Mobile Phone:
Appendix 8
Vessel Monitoring System (VMS)
General
Principles
1.           With regards to the Vessel
Monitoring System mentioned in the Chapter 3 Section 5 of the Annex to the
Protocol, all fishing vessels fishing, or intending to fish, in the fishing
waters of Seychelles, shall comply with all the following provisions.
2.           An EU vessel that is not
equipped with a VMS Vessel Locator Device (VLD), or if the VLD installed on
board is not functional, is not allowed to enter the waters of Seychelles to
conduct fishing activities.
3.           Vessels positions and
movements shall be monitored, inter alia, by a VMS, without discrimination, in
accordance with the provisions set out below. 
4.           For the purposes of VMS,
the Seychelles authorities shall communicate to the Fisheries Monitoring
Centres (FMCs) of the flag States the geographical coordinates (Latitudes and
Longitudes) of the Seychelles' fishing waters.
5.           The Seychelles authorities
will transmit this information in electronic format, expressed in degrees
decimal in the WGS-84 datum to the European Union. The
coordinates are those indicated in the Appendix 2 n.1 to this Annex.
6.           The Seychelles authorities
and the national FMCs will exchange information on their respective contact
coordinates, namely electronic addresses in https format or where appropriate
other secure communication protocol and the specifications to be used in their
respective FMCs as well as any alternative means of communication to be used in
case of failure. All this information will be included in the Appendix 7 n.2 to
this Annex.
7.           All vessels holding a
fishing authorisation must be equipped with a fully operational Vessel Location
Device (VLD) installed on board, to enable automatic and continuous
communication of their geographical coordinates, to the fishing monitoring centre
(FMC) of their flag state. The frequency of transmission shall be on an hourly
basis.
8.           It is agreed that, at the
request of either Party, there will be an exchange of information on the VMS
equipment used, in order to ensure that the said equipment is fully compatible
with the requirements of the other Party for the purposes of these provisions.
9.           The Parties agree 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 which shall occurs in the framework of the Joint Committee (JC). 
10.         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.
Integrity of
the VMS
1.           The vessel Master is
prohibited, or anyone authorised by him to switch off, obstruct its VLD, or
interferes in any form with the data transmitted to the Flag State FMC, when
operating in Seychelles' waters.
2.           The master shall be
responsible for the accuracy of the VMS data recorded and transmitted. 
3.           In particular, the Master
shall ensure that:
(a)                         
data are not altered in any way;
(b)                         
the antenna or the antennas connected to the
satellite tracking devices are not obstructed in any way; 
(c)                         
the power supply of the satellite tracking
devices is not interrupted in any way;
(d)                         
the vessel locating device is not removed from
the vessel or the place where it was first installed;
(e)                         
any replacement of a vessel tracking device is
immediately notified to the Seychelles competent authority.
(f)                           
any breach of the above-mentioned obligations
may render the master liable for sanctions as provided under the written laws
of Seychelles. 
4.           The VMS hardware and
software components shall be, as far as possible, tamper proof i.e. shall not
permit the input or output of false positions and must not be capable of being
manually over-ridden. 
5.           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.
6.           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%.
VMS data
transmission
1.           When a vessel fishing
under the EU/Seychelles Fisheries Partnership Agreement enters into the
Seychelles' fishing waters, subsequent position reports shall be automatically
communicated by the FMC of the flag State to the FMC of Seychelles, in real
time, on a frequency set on point 7 above. 
2.           The VMS messages reported
shall be identified by using the following 3 letter codes:
(a)                         
"ENT", first VMS data report
transmitted by each vessel upon entering the Seychelles fishing waters;
(b)                         
"POS", every VMS data report
transmitted by each vessel while within the Seychelles fishing waters;
(c)                         
"EXI", first VMS data report
transmitted by each vessel after exiting the Seychelles fishing waters; 
3.           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.
(a)                         
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.
(b)                         
The FMC of Seychelles shall notify immediately
the FMC of the flag State and the European Commission of the end of the
monitoring procedure. 
(c)                         
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 9 above.
4.           The messages referred to
in point 7 shall be transmitted electronically in https format, or other secure
communication protocols, subject to prior agreement between the relevant FMCs. 
Malfunction
of the VMS equipment on board of the vessel
1.           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 7 by any of the communications form agreed in
the point 6 above, to the FMC of the flag State concerned, starting from the
time the failure or malfunction was informed by the Seychelles competent
authority.
2.           At least one global
position report every four hours shall be transmitted while 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.
3.           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.
4.           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 and duly authorised by the Flag State, which will notify the
Seychelles authorities of its decision.
FMC failure -
Non-receipt of VMS data by the Seychelles FMC
1.           When one of the FMCs does
not receive VMS data, this FMC shall promptly inform the other FMC contact of
the other FMC and, if necessary, work together to solve the problem.
2.           The FMC of the flag State
and the FMC of Seychelles will mutually agree before 18 January 2014
alternative electronic means of communication to be used for the transmission
of VMS data in case of failure of FMC, and inform without delay of any changes
to these means.
3.           Whenever the FMC of
Seychelles reports that the VMS data have not been received, the FMC of the
flag State shall identify the causes of the problem and take appropriate measures
to ensure that the problem is solved. The FMC of the flag State shall notify
the FMC of Seychelles of the results and measures taken within 24 hours from
the acknowledgment of the failure.
4.           If the resolution of the
problem requires more than 24 hours, the FMC of the flag State shall forward
the missing VMS data to the FMC of Seychelles using the alternative means of
communication referred to in point 6 above.
5.           Seychelles shall inform
its competent Monitoring Control and Surveillance (MCS) services so that EU
vessels are not subject to any infringement procedure for the non-reception of
VMS data by the Seychelles FMC due to the failure of the FMCs systems.
Maintenance
of an FMC
1.           The scheduled maintenance
of an FMC (maintenance program) that is likely to affect the exchange of VMS
data, must be notified to the other FMC at least 72 hours in advance,
indicating if possible, the date and the duration of the maintenance.
Unscheduled maintenance shall be communicated as soon as possible to the other
FMC.
2.           During the maintenance,
the provision of VMS data can be queued until the system is operational again.
Relevant VMS data are then made available immediately after maintenance has
been completed.
3.           If maintenance lasts more
than 24 hours, the VMS data will be transmitted to the other FMC using the
electronic alternative means referred to in paragraph 6.
4.           Seychelles authorities
shall inform its competent Monitoring Control and Surveillance (MCS) services
so that EU vessels are not subject to any infringement procedure for non VMS
data transmission due to maintenance of the FMC.
Appendix 
COMMUNICATION OF VMS MESSAGES TO SEYCHELLES
POSITION REPORT (POS)
A. Content of position report and
definition of the data elements
 Piece of data || Code || Mandatory/ Optional || Comments 
 Start record || SR || M || System detail; indicates start of record 
 Address || AD || M || Message detail; destination Party Alfa-3 ISO country code 
 From || FR || M || Message detail; the transmitting Party Alfa-3 ISO country code 
 Type of message || TM || M || Message detail; message type, "POS" 
 Radio call sign || RC || M || Vessel detail; international radio call sign of the vessel 
 Internal Reference Number || IR || O || Vessel detail; Unique Party vessel number as Alfa-3 ISO flag country code followed by number 
 External Registration Number(1) || XR || O || Vessel detail; the side number of the vessel 
 Latitude || LA || M || Position detail; position of the vessel in degrees and minutes N/SDDMM (WGS-84) 
 Longitude || LO || M || Position detail; position of the vessel in degrees and minutes E/W DDDMM (Wgs-84) 
 Speed || SP || M || Position detail; vessel speed in tenths of knots 
 Course || CO || M || Position detail; vessel course in 360° scale 
 Date || DA || M || Position detail; UTC date of position (YYYYMMDD) 
 Time || TI || M || Position detail; UTC time of position (HHMM) 
 End of record || ER || M || System detail; indicates end of record 
( 1 ) Mandatory for European Union Fishing
vessels. 
( 2 ) The plus sign (+) does not need to be
transmitted, leading zeros can be omitted. 
B. Structure of the position report 
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
(//) indicate the end of a record. 
Appendix 9
Guidelines for the engaging of
Seychelles Seamen on EU Purse-seine vessels
The
Seychelles authorities shall ensure that personnel engaged to be employed on EU
vessels shall meet the following requirements:
–                        
The Minimum age of the Seamen shall be 18; 
–                        
Seamen shall be have a valid medical
certificate, confirming that they are  medically fit to perform their duties
they are to carry out at sea. This certificate shall be issued by a duly
qualified medical practitioner;
–                        
Seamen shall have the valid vaccinations
required for precautionary health purposes in the region;
–                        
Seamen shall possess, as a minimum, valid
certification for the following basic safety training, 
–              
personal survival techniques, including the
donning of lifejackets 
–              
fire fighting and fire prevention
–              
elementary first aid
–              
personal safety and social responsibility; and
–              
prevention of marine pollution.
–                        
With particular regards to large fishing vessels,
seamen should: 
–              
be familiar with the marine terms and order
commonly used on fishing vessels;
–              
be familiar with the dangers associated with
fishing operations;
–              
have an understanding of the operating
conditions of fishing vessels and the dangers that they may pose;
–              
be familiar and have knowledge in the use of the
fishing equipment to be used in the execution of the purse-seine fishery;
–              
have a general understanding and knowledge of
the stability and associated seaworthiness of the vessel; and
–              
have general knowledge of mooring operations and
the handling of mooring ropes and their associated uses.
LEGISLATIVE FINANCIAL STATEMENT
1.           FRAMEWORK OF THE
PROPOSAL/INITIATIVE 
              1.1.    Title of the proposal/initiative 
              1.2.    Policy
area(s) concerned in the ABM/ABB structure
              1.3.    Nature
of the proposal/initiative 
              1.4.    Objective(s)

              1.5.    Grounds
for the proposal/initiative 
              1.6.    Duration
and financial impact 
              1.7.    Management
mode(s) envisaged 
2.           MANAGEMENT MEASURES 
              2.1.    Monitoring and reporting rules 
              2.2.    Management
and control system 
              2.3.    Measures
to prevent fraud and irregularities 
3.           ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE 
              3.1.    Heading(s) of the multiannual financial
framework and expenditure budget line(s) affected 
              3.2.    Estimated
impact on expenditure 
              3.2.1. Summary of
estimated impact on expenditure 
              3.2.2. Estimated impact
on operational appropriations 
              3.2.3. Estimated impact
on appropriations of an administrative nature
              3.2.4. Compatibility
with the current multiannual financial framework
              3.2.5. Third-party
contributions 
              3.3.    Estimated impact on revenue
LEGISLATIVE FINANCIAL STATEMENT
1.           FRAMEWORK OF THE
PROPOSAL/INITIATIVE 
1.1.        Title of the
proposal/initiative 
Proposal for a Council Decision on the
conclusion of the Protocol to the Fisheries Partnership Agreement between the
European Community and the Republic of Seychelles setting out the fishing
opportunities and the financial contribution foreseen in the Fisheries
Partnership Agreement between the two Parties
1.2.        Policy area(s) concerned
in the ABM/ABB structure[10] 
11. - Maritime Affairs and Fisheries
11.03 – International Affairs and Law of the Sea
1.3.        Nature of the
proposal/initiative 
¨ The proposal/initiative relates to a new action 
¨ The proposal/initiative relates to a new action
following a pilot project/preparatory action[11]

X The
proposal/initiative relates to the extension of an existing action 
¨ The proposal/initiative relates to an action
redirected towards a new action 
1.4.        Objective(s)
1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative 
The European Commission negotiates, concludes and implements
bilateral FPAs between the EU and third countries to promote sustainable
development in third country waters and support competiveness of the EU fishing
fleet and to develop with these countries a partnership to ensure the
sustainable exploitation of the marine resources in the third country waters.
The Fishery Partnership Agreements (FPAs) ensure the coherence with
the principles governing the CFP and the commitments under other relevant EU
policies (contribution to the sustainable exploitation of the third countries’
relevant fisheries resources; improve scientific and technical knowledge of
relevant fisheries; contribute to the fight against illegal, unreported and
unregulated (IUU) fishing; facilitate the integration of partner countries into
the global economy; along with the fostering of a better global governance of
fisheries at financial and political level).
1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned 
Specific objective No 1
Contribute to sustainable fisheries outside EU waters, maintain a
European presence in distant water fisheries and protect the European fisheries
sector and consumer interests by negotiating and concluding Fisheries
Partnership Agreements (FPAs) with coastal States (third countries) in
coherence with other EU policies.
ABM/ABB activity(ies) concerned
Maritime Affairs and Fisheries, International fisheries and law of the
sea, International Fisheries Agreements (Budget Line 11.0301).
1.4.3.     Expected result(s) and
impact
Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.
The conclusion of the Protocol will maintain the fishing
opportunities for EU vessels in Seychelles waters.
The Protocol also contributes to the improved management and
conservation of the fishing resources, in particular through the financial
support provided by sectoral support, to implement specific programmes adopted
at the national level by the Seychelles and notably including control and
surveillance activities to combat IUU fishing. 
1.4.4.     Indicators of results and
impact 
Specify the
indicators for monitoring implementation of the proposal/initiative.
Level of use of the fishing opportunities offered by the Protocol
(number of fishing authorisiations taken up in comparision to those provided
for).
Collection and analysis of catch data and the commercial value of
the opportunities provided by the Protocol.
The amount of employment created and value added in the EU and
market stability in the EU (at an aggregated level considering the other FPAs).
The number of techncial and Joint Committee Meetings that have been
held to review and manage the implementation and operation of the Protocol.
1.5.        Grounds for the
proposal/initiative 
1.5.1.     Requirement(s) to be met in
the short or long term 
The Protocol for the period 2011 – 2013 expires on 17 January 2014.
It is foreseen that the new Protocol will be provisionally applied from the
date of the expiry of the previous Protocol. In order to ensure the continuity
of fishing operations, a specific legislative procedure for a Council Decision
regarding the signature and Provisional application of the Protocol is being
launched in parallel to this procedure.
The new Protocol will provide a legal structure for the EU fleet's
fishing activities in the Seychelles EEZ, and enable the European shipowners to
request fishing authorisations which will enable them to fish in the Seychelles
EEZ, which is the main fishery within the Indian Ocean for the EU fleet.
Furthermore, the new Protocol further re-inforces the co-operation between the
EU and the Seychelles and particularly as regards the development of a
sustainable fisheries policy. It also foresees the use of VMS and the
introduction of an Electronic Reporting System (ERS), which will improve the
regularity and reliability of catch reporting. Sectoral support has been
further strengthened to provide for improved surveillance and control, notably
as regards IUU, in the Seychelles national fisheries policy strategy. 
1.5.2.     Added value of EU
involvement
Had the EU not negotiated a new Protocol, this would have left the
opportunity for private agreements to be directly negotiated between the
shipowners and the Seychelles authorities, which would not necessarily
guarantee a sustainable fishery. The EU is furthermore looking to improve the
effective co-operation on a bilateral level with the Seychelles but also to
extend this co-operation on a regional level through the appropriate Regional
Fisheries Management Organisation. 
1.5.3.     Lessons learned from
similar experiences in the past
Information provided by the independent, EU financed, evaluation
report concludes that the fishing opportunities should take into consideration
the past utilisation of opportunities, whist taking into account the
possibility of EU vessels returning to the fishery following their migration to
other areas as a result of piracy in the region. The sectoral support provided
for the development of the Seychelles fishing industry has been maintain and
increased to take into account the continued development of the port
infrastructure that will ultimately benefit the EU fleet, and finance the priorities
identified by the national policy strategy regarding fisheries in terms of
capacity building in the Seychelles administration. 
1.5.4.     Compatibility and possible
synergy with other appropriate instruments
The financial contributions provided under the FPAs are considered
as fungible resources in the budgets of the third country partners.
Nonetheless, a part of the funds are directed to the implementation of actions
foreseen in the framework of sectoral support for the partner country and is a
condition for the conclusion and implementation of the FPAs. These financial
resources are compatible to other sources of finance from other international
donors for the undertaking and completion of projects and/or programmes at the
national level in the fisheries sector.
1.6.        Duration and financial
impact 
X Proposal/initiative of limited
duration 
–     
X  Proposal/initiative in effect from date of
provisional application for a period of six years; 18 January 2014 to 17
January 2020 
–     
X  Financial impact from 2014 to 2019 
¨ Proposal/initiative of unlimited
duration
–     
Implementation with a start-up period from YYYY
to YYYY,
–     
followed by full-scale operation.
1.7.        Management mode(s) planned[12] 
X Direct management by the
Commission
–     
¨ by its departments, including by its staff in the Union
delegations; 
–     
¨  by the executive agencies; 
¨ Shared management with the Member States 
¨ Indirect management by delegating implementation tasks to:
–     
¨ third countries or the bodies they have designated;
–     
¨ international organisations and their agencies (to be specified);
–     
¨the EIB and the European Investment Fund;
–     
¨ bodies referred to in Articles 208 and 209 of the Financial
Regulation;
–     
¨ public law bodies;
–     
¨ bodies governed by private law with a public service mission to the
extent that they provide adequate financial guarantees;
–     
¨ bodies governed by the private law of a Member State that are
entrusted with the implementation of a public-private partnership and that
provide adequate financial guarantees;
–     
¨ persons entrusted with the implementation of specific actions in
the CFSP pursuant to Title V of the TEU, and identified in the relevant basic
act.
–     
 
2.           MANAGEMENT MEASURES 
2.1.        Monitoring and reporting
rules 
The Commission (DG MARE, in collaboration with its fisheries attaché
based in the Delegation of Mauritius), will ensure a regular monitoring and
follow-up of the implementation of the protocol, in particular, as regards the
level of utilisation of the fishing opportunities provided in terms of catch
data and reporting.
Furthermore, the FPA foresees an annual meeting of the Joint
Committee during which the Commission and the third country review the
implementations of the Agreement and, if necessary, make modifications to the
project programming, and where applicable, the financial counterpart.
Specify frequency
and conditions.
2.2.        Management and control
system 
2.2.1.     Risk(s) identified 
The agreement for a new protocol carries with it a certain number of
risks, notably those concerning the funds provided for the financing of the
sectoral support policy. However, there have been no difficulties experienced
with the Seychelles authorities, who closely monitor and account for this
support in close co-operation with the Commission services.
2.2.2.     Information concerning the
internal control system set up
Such control is primarily executed through the close co-operation
and monitoring of the programming and implementation of the sectoral support
policy. A joint analysis of the results of the implementation of the sectoral
support is also part of the control mechanism of the policy.
In addition, there are specific provisions within the Protocol that
envisage the suspension of the payment of sectoral support under particular
circumstances and conditions.
2.3.        Measures to prevent fraud
and irregularities 
Specify existing or
envisaged prevention and protection measures.
The Commission is committed to establish a political dialogue and
regular meetings with the Seychelles authorities in order to review and where
necessary improve the management of the Agreement and to strengthen the the
contribution of the EU in the sustainable management of resources. In any case,
all the payments to be made by the Commission in the FPA context are subject to
the applicable financial and budgetary rules and procudures normally applied to
the Commission. This, in particular, enables the Commission to clearly identify
the bank accounts of the third country into which the financial payments
foreseen under the Agreement will be made. Regarding this Protocol, Article 2
provides the total amounts to be paid into the Seychelles Public Treasury
account in the Central Bank of the Seychelles into which these payments shall
be made.
3.           ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE 
3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected 
·      Existing budget lines 
In order of
multiannual financial framework headings and budget lines.
 Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution 
 Number […]Heading………………………………………...……….] || Diff./non-diff. ([13]) || from EFTA countries[14] || from candidate countries[15] || from third countries || within the meaning of Article 21(2)(b) of the Financial Regulation 
 2 || 11.0301 International Fisheries Agreements   || Diff. || NO || NO || NO || NO 
·      New budget lines requested 
In order of multiannual financial framework
headings and budget lines.
 Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution 
 Number […]Heading………………………………………...……….] || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 21(2)(b) of the Financial Regulation 
   || […][XX.YY.YY.YY]   ||   || YES/NO || YES/NO || YES/NO || YES/NO 
3.2.        Estimated impact on
expenditure 
3.2.1.     Summary of estimated impact
on expenditure 
EUR million (to three decimal places)
 Heading of multiannual financial framework || Number 2 || Conservation and management of natural resources 
 DG: MARE ||   ||   || Year 2014 || Year  2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || TOTAL 
  Operational appropriations ||   ||   ||   ||   ||   ||   ||   
 Number of budget line: 11.0301 || Commitments || (1) || 5.350 || 5.350 || 5.000 || 5.000 || 5.000 || 5.000 || 30.700 
 Payments || (2) || 5.350 || 5.350 || 5.000 || 5.000 || 5.000 || 5.000 || 30.700 
 Number of budget line || Commitments || (1a) ||   ||   ||   ||   ||   ||   ||   
 Payments || (2a) ||   ||   ||   ||   ||   ||   ||   
 Appropriations of an administrative nature financed from the envelope of specific programmes[16]   ||   ||   ||   ||   ||   ||   ||   
 Number of budget line: 11.010401 ||   || (3) || 0.037 || 0.037 || 0.037 || 0.037 || 0.037 || 0.037 || 0.222 
 TOTAL appropriations for DG MARE || Commitments || =1+1a +3 || 5.387 || 5.387 || 5.037 || 5.037 || 5.037 || 5.037 || 30.922 
 Payments || =2+2a +3 || 5.387 || 5.387 || 5.037 || 5.037 || 5.037 || 5.037 || 30. 922 
  TOTAL operational appropriations || Commitments || (4) || 5.350 || 5.350 || 5.000 || 5.000 || 5.000 || 5.000 || 30.700 
 Payments || (5) || 5.350 || 5.350 || 5.000 || 5.000 || 5.000 || 5.000 || 30.700 
  TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) || 0.037 || 0.037 || 0.037 || 0.037 || 0.037 || 0.037 || 0.222 
 TOTAL appropriations for HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 5.387 || 5.387 || 5.037 || 5.037 || 5.037 || 5.037 || 30.922 
 Payments || =5+ 6 || 5.387 || 5.387 || 5.037 || 5.037 || 5.037 || 5.037 || 30.922 
If more
than one heading is affected by the proposal / initiative:
  TOTAL operational appropriations || Commitments || (4) ||   ||   ||   ||   ||   ||   ||   
 Payments || (5) ||   ||   ||   ||   ||   ||   ||   
  TOTAL appropriations of an administrative nature financed from the envelope for specific programmes || (6) ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 ||   ||   ||   ||   ||   ||   ||   
 Payments || =5+ 6 ||   ||   ||   ||   ||   ||   ||   
 Heading of multiannual financial framework || 5 || " Administrative expenditure " 
EUR
million (to three decimal places)
   ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || TOTAL 
 DG: MARE || 
  Human resources || 0.059 || 0.059 || 0.059 || 0.059 || 0.059 || 0.059 || 0.354 
  Other administrative expenditure || 0.010 || 0.010 || 0.010 || 0.010 || 0.010 || 0.010 || 0.060 
 TOTAL DG MARE ||   || 0.069 || 0.069 || 0.069 || 0.069 || 0.069 || 0.069 || 0.414 
 TOTAL appropriations for HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.069 || 0.069 || 0.069 || 0.069 || 0.069 || 0.069 || 0.414 
EUR million (to three decimal places)
   ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || TOTAL 
 TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 5.456 || 5.456 || 5.106 || 5.106 || 5.106 || 5.106 || 31.336 
 Payments || 5.456 || 5.456 || 5.106 || 5.106 || 5.106 || 5.106 || 31.336 
3.2.2.     Estimated impact on
operational appropriations 
–     
¨  The proposal/initiative does not require the use of operational
appropriations 
–     
X  The proposal/initiative requires the use of
operational appropriations, as explained below:
Commitment appropriations in EUR million (to three
decimal places)
 Indicate objectives and outputs   ò ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || TOTAL || 
 ||
 Type[17]   || Average cost || No || Cost || No || Cost || No || Cost || No || Cost || No || Cost || No || Cost || No total || Total cost || ||
 SPECIFIC OBJECTIVE No 1[18] ... ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || || 
 Tuna Catches || Ref.Tonnage || 51.67 €/t || 50 000t || 2.750 || 50 000t || 2.750 || 50 000t || 2.500 || 50 000t || 2.500 || 50 000t || 2.500 || 50 000t || 2.500 || 300 000t || 15 500 || ||
 Sectoral Support ||   || 2.533 || 1 || 2.600 || 1 || 2.600 || 1 || 2.500 || 1 || 2.500 || 1 || 2.500 || 1 || 2.500 ||   || 15.200 || ||
 Subtotal for specific objective No 1 ||   || 5.350 ||   || 5.350 ||   || 5.000 ||   || 5.000 ||   || 5.000 ||   || 5.000 ||   || 30.700 || || 
 SPECIFIC OBJECTIVE NO 2 ... ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || || 
 - Output ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || ||
 Subtotal for specific objective No 2 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || || 
 TOTAL COST ||   || 5.350 ||   || 5.350 ||   || 5.000 ||   || 5.000 ||   || 5.000 ||   || 5.000 ||   || 30.700 || || 
3.2.3.     Estimated impact on
appropriations of an administrative nature
3.2.3.1.  Summary 
–     
¨  The proposal/initiative does not require the use of appropriations
of an administrative nature 
–     
X  The proposal/initiative requires the use of
appropriations of an administrative nature, as explained below:
EUR million (to
three decimal places)
   || Year N[19] 2014 || Year N+1 2015 || Year N+2 2016 || Year N+3 2017 || Year N+3 2018 || Year N+3 2019 || TOTAL 
 HEADING 5 of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   
 Human resources || 0.059 || 0.059 || 0.059 || 0.059 || 0.059 || 0.059 || 0.354 
 Other administrative expenditure || 0.010 || 0.010 || 0.010 || 0.010 || 0.010 || 0.010 || 0.060 
 Subtotal HEADING 5 of the multiannual financial framework || 0.069 || 0.069 || 0.069 || 0.069 || 0.069 || 0.069 || 0.414 
   ||   ||   ||   ||   ||   ||   ||   
 Outside HEADING 5[20] of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   
 Human resources || 0.031 || 0.031 || 0.031 || 0.031 || 0.031 || 0.031 || 0.186 
 Other expenditure of an administrative nature || 0.006 || 0.006 || 0.006 || 0.006 || 0.006 || 0.006 || 0.036 
 Subtotal outside HEADING 5 of the multiannual financial framework || 0.037 || 0.037 || 0.037 || 0.037 || 0.037 || 0.037 || 0.222 
 TOTAL || 0.106 || 0.106 || 0.106 || 0.106 || 0.106 || 0.106 || 0.636 
The human resources
appropriations required will be met by appropriations from the DG that are
already assigned to management of the action and/or have been redeployed within
the DG, together if necessary with any additional allocation which may be
granted to the managing DG under the annual allocation procedure and in the
light of budgetary constraints.
3.2.3.2.   Estimated
requirements of human resources 
–     
¨  The proposal/initiative does not require the use of human resources.

–     
X  The proposal/initiative requires the use of
human resources, as explained below:
Estimate to be expressed in full time
equivalent units
   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 
  Establishment plan posts (officials and temporary staff) 
 11 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.35 || 0.35 || 0.35 || 0.35 || 0.35 || 0.35 
 11 01 01 02 (Delegations) ||   ||   ||   ||   ||   ||   
 11 01 05 01 (Indirect research) ||   ||   ||   ||   ||   ||   
 10 01 05 01 (Direct research) ||   ||   ||   ||   ||   ||   
  External staff (in Full Time Equivalent unit: FTE)[21]   || 
 11 01 02 01 (CA, SNE, INT from the "global envelope") || 0.1 || 0.1 || 0.1 || 0.1 || 0.1 || 0.1 
 11 01 02 02 (CA, LA, SNE, INT and JED in the delegations) ||   ||   ||   ||   ||   ||   
 11 01 04 01[22]   || - at Headquarters   ||   ||   ||   ||   ||   ||   
 - Delegations || 0.25 || 0.25 || 0.25 || 0.25 || 0.25 || 0.25 
 11 01 05 02 (CA, SNE, INT - Indirect research) ||   ||   ||   ||   ||   ||   
 10 01 05 02 (CA, INT, SNE - Direct research) ||   ||   ||   ||   ||   ||   
 Other budget lines (specify) ||   ||   ||   ||   ||   ||   
 TOTAL || 0.7 || 0.7 || 0.7 || 0.7 || 0.7 || 0.7 
11 is the policy
area or budget title concerned.
The human resources
required will be met by staff from the DG who are already assigned to
management of the action and/or have been redeployed within the DG, together if
necessary with any additional allocation which may be granted to the managing
DG under the annual allocation procedure and in the light of budgetary
constraints.
Description of
tasks to be carried out:
 Officials and temporary staff || Management and monitoring of the process of (re)negotiating the FPA and the approval of the results of the negotiations by the institutions; management of the current FPA, including the constant monitoring of the finacial and operation al aspects; management of the fishing auhtorisations and catch data. Desk Officer DG MARE + Head of Unit/Deputy Head of Unit +  Secretarial support: overall estimate 0.45 man/years Calculation of costs: 0.45 man/years x 131 000 EUR/year = 58 950 EUR => 0.058 M EUR 
 External staff || Monitor the execution of the sectoral support – Contractual Agent in Mauritius Delegation: overall estimate of 0.25 man/year x 125 000 EUR/year = 31 250 EUR => 0.031 M EUR 
3.2.4.     Compatibility with the
current multiannual financial framework 
–     
X  Proposal/initiative is compatible the current
multiannual financial framework.
–     
¨  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.
–     
¨  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[23].
3.2.5.     Third-party contributions 
–     
X The proposal/initiative does not provide for
co-financing by third parties. 
–     
The proposal/initiative provides for the
co-financing estimated below:
Appropriations in EUR million (to 3 decimal places)
   || Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || Total 
 Specify the co-financing body ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations cofinanced ||   ||   ||   ||   ||   ||   ||   ||   
3.3.        Estimated impact on
revenue 
–     
X  Proposal/initiative has no financial impact
on revenue.
–     
¨  Proposal/initiative has the following financial impact:
(1)              
¨         on own resources 
(2)              
¨       on miscellaneous revenue 
EUR million (to three decimal places)
 Budget revenue line: || Appropriations available for the current financial year || Impact of the proposal/initiative[24]   
 Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) 
 Article …………. ||   ||   ||   ||   ||   ||   ||   ||   
For miscellaneous
‘assigned’ revenue, specify the budget expenditure line(s) affected.
Specify the method for
calculating the impact on revenue.
[1]               Council Decision nº 6497/2013 of 15 February 2013.
[2]               OJ C , , p. .
[3]               OJ C ….
[4]               OJ L290 of 20.10.2006
[5]               Council Decision …/2013/EU of …… (OJ L …, …, p. ….
[6]               The date of entry into force of the Agreement will be
published in the Official Journal of the European Union by the General
Secretariat of the Council.
[7]               Sent
six (6) Hours before entering Fishing Zones within Seychelles EEZ.
[8]               Sent
six (6) Hours before entering Fishing Zones within Seychelles EEZ.
[9]               Every
three (3) days after entering Fishing Zones within Seychelles EEZ.
[10]             ABM: activity-based management – ABB: activity-based
budgeting.
[11]             As referred to in Article 54(2)(a) or (b) of the
Financial Regulation.
[12]             Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html
[13]             Diff. = Differentiated appropriations / Non-Diff. =
Non-differentiated appropriations.
[14]             EFTA: European Free Trade Association. 
[15]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.
[16]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.
[17]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).
[18]             As described in point 1.4.2. ‘Specific objective(s)…’ 
[19]             Year N is the year in which implementation of the
proposal/initiative starts.
[20]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.
[21]             CA= Contract Staff; LA = Local Staff; SNE= Seconded
National Expert; INT = agency staff; JED= Junior Experts in Delegations). 
[22]             Sub-ceiling for external staff covered by operational
appropriations (former "BA" lines).
[23]             See points 19 and 24 of the Interinstitutional
Agreement (for the period 2007-2013).
[24]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25% for collection costs.