CELEX: 51987PC0088
Language: en
Date: 1987-03-06
Title: Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles#Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles#(submitted to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 88
Vol. 1987/0038
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(87 ) 88 final
                                                             Brussels , 6 March 1987
                                       Proposai for a
                                      COUNCIL DECISION
  on the conclusion of an Agreement in the form of an exchange of letters
        concerning the provisional application of the Agreement between the
             European Economic Community and the Republic of Seychelles on
                                   fishing off Seychelles
                                       Proposal for a
                                  COUNCIL REGULATION ( EEC )
           on the conclusion of the Agreement between the European Economic
                  Community and the Republic of Seychelles on fishing
                                       off Seychelles
            ^
 f  v ■ .•      -         • r v
/ ■\           /.               ( submitted to the Council )
              :          ■ !é
 C0MC87 ) 88 final
 ---pagebreak---                                                  Z
                                F X PL AN A T 0 R Y ML Mü R ANDU M
The fisheries Agreement, between the European Economic Community and the
Republic of Seychelles , which was signed in Brussels on 23 May L985 , applied
for three years provisionally from 18 January 1984 ( l ).          In accordance with
Article 13 , the Republic of Seychelles gave notice 6 months before the date
of expiry of this three-year period that it wished to denounce the
Agreement . In accordance with the same provision , negotiations were held to
determine the necessary amendments to the Agreement .
As a result of these negotiations a new Agreement including three annexes
and a protocol was initialled in Victoria on 3 December 1986 .
The new Agreement follows the same lines as the previous agreement and
contains only some minor modifications . It should be noted however , that
the new Agreement covers fishing possibilities for the vessels of the
enlarged Community .
Annex I to the Agreement concerns the formalities for making applications
for licences , the amount of the fee and the methods of payment .          Annex II
lays down an arbitration procedure and Annex III sets out the zones where
fishing by foreign vessels is prohibited .
The new Protocol establishes for a period of three-years the fishing
possibilities in Seychelles waters for the Community Tuna fleet operating in
the Indian Ocean . Licences may be granted simultaneously to 40 ocean -
going tuna vessels . In addition , fishing possibilities may be extended , at
the request of the Community , to other categories of fishing vessels .
( 1 ) ÜJ N ° L. 79 , 23.3.84 , p.29
 ---pagebreak---                                        3
In return for these fishing possibilities the Community will pay a financial
compensation of 2.000.000 Ecu per annum . If , however , the quantity of tuna
caught in any year exceeds 40.000 tonnes , the financial compensation shall
be increased by 50 ECU for each tonne in excess of this quantity , subject to
a ceiling of 2.200.000 Ecu per year . In addition , the Community will also
contribute a sum of 750.000 Ecu for the duration of the Protocol towards the
financing of a scientific and technical programme . For their part ,
shipowners will pay 20 Ecu per tonne of tuna caught and will be required to
pay a non-recoverable advance payment of 5.000 Ecu per vessel .
In order to avoid interrupting the fishing activities of Comunity vessels ,
the two Parties have agreed in an exchange of letters on the provisional
application of the new arrangements from 18 January 1987 .
In the light of the foregoing , the Commission recommends that , as soon as
possible , the Council s
    1 . approve the Agreement in the form of an exchange of letters on the
    provisional application of the new Agreement between the European
    Economic Community and the Republic of Seychelles by adopting the
    decision attached hereto ;
    2 . approve the new Agreement after consulting the Parliament by edopting
    the Regulation attached hereto .
 ---pagebreak---                                          U
                           PROPOSAL FOR A COUNCIL DECISION
on the conclusion of an Agreement in the form of an exchange of letters
concerning the provisional application of the Agreement between the European
Economic Community and the Republic of Seychelles cn fishinj off Seychelles .
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the Act of accession of Spain and Portugal , and in
particular Article 167 ( 3 ),
Having regard to the proposal from the Commission ,
Whereas , the Agreement between the Government of the Republic of Seychelles
and the European Economic Community on fishing off Seychelles , signed at
Brussels on 23 May 1983 ( 1 ), has been denounced by the Republic of
Seychelles at the end of its three-years period ;
Whereas , pursuant to Article 13 of the Agreement , the Community and the
Republic of Seychelles have conducted negotiations in order to determine the
necessary amendments to the Agreement ;
Whereas , as a result of those negotiations , a new Agreement was initialled
on 3 December 1986 under which the fishermen of the enlarged Community ,
retain the fishing opportunities open to them in the waters under the
sovereignty or jurisdiction of the Seychelles ,
( 1 ) ÜJ N ° L. 149 , 8.6.83 , p.l
 ---pagebreak--- Whereas , in order to maintain without interruption the fishing activities of
the vessels of the enlarged Community , the two parties also initialled an
exchange of letters providing for the provisional application of the new
Agreement from the date of expiry of the Agreement between the European
Economic Community end the Government of the Seychelles signed or, 23 Hay
1985 ( 1 ); whereas it is therefore imperative to conclude this exchange of
letters es soon as possible pending the conclusion of the Agreement on the
basis of Article 43 .
HAS DECIDED AS FOLLOWS s
                                   Article 1
The Agreement in the form of an exchange of letters concerning the
provisional application of the Agreement between the European Economic
Community end the Seychelles on fishing off Seychelles is hereby approved on
behalf of the Community .
The text of the Agreement is attached to this Decision .
                                   Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement in the form of an exchange of letters in
order to bind the Community .
                                             For the council
                                              The President
 ---pagebreak---                                           G
                           PROPOSAL FOR A COUNCIL REGULATION
on the conclusion of the Agreement between the European Ecoi omic Community
and the Republic of Seychelles on fishing off Seychelles .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Econon ic Community ,
and in particular Article 43 thereof ,
Having regard to the proposal from the Commission ( 1 ),
Having regard to the opinion of the European Parliament ( 2 )
Whereas , the Agreement between the Government of the Republ c of Seychelles
and the European Economic Community on fishing off Seychelb s , signed at
Brussels on 23 May 1985 ( 3 ), has been denounced by the Republic of
Seychelles at the end of its three-years period ;
Whereas , pursuant to Article 13 of the Agreement , the Community and the
Republic of Seychelles have conducted negotiations in order to determine the
necessary amendments to the Agreement ;
Whereas , as a result of those negotiations , a new Agreement was initialled
on 3 December 1986 ;
Whereas it is in the Community 's interest to conclude this \ greement ,
(1 )
( 2 ) Opinion delivered on
( 3 ) 00 N ° L. 149 , 8.6.85 , p.l
 ---pagebreak--- HAS ADOPTED THIS REGULATION' s
                                  Article 1
The Agreement between the European tconomic Community and the Republic of
Seychelles is approved on behalf of the Community .
The text of the Agreement is attached to this Regulation .
                                  Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement .
                                  Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall apply as from the date of signature of the Agreement
in conformity with Article 13 of the Agreement .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                          For the council
                                            The President
 ---pagebreak---                                           6
                                 DRAFT
                              AGREEMENT
between the European Economic Community and the                   Republic   of
Seycbel ’es oin f i ching off Seychelles .
THE EUROPEAN ECONOMIC COMMUNITY , hereinafter referred to as
the ''Community ", and the REPUBLIC OF SEYCHELLES , hereinafter
referred to an 'Seychelles ",
CONSIDERING        the    spirit     of    cooperation     resulting from the
ACP-EEC Convention and the good cooperation                  relations    which
exist between the Community and Seychelles ;
CONSIDERING        the wish of Seychelles to promote the rational
exploitation of its fishery resources by means of intensified
cooperat i on ;
RECALLING that ,          in particular in respect of sea fishing ,
Seychelles exerciser; ils sovereignty or jurisdiction over a
none extending up           . 2G0 nautical miles from its coast ;
TAKING*   iNIC,     ACCOUNT      the    signatur ,   by both Parties of the
United Nations Convention on the La                     'e Sea ;
DETERMINED     to conduct      their    relations   in     'Dixit   of  mutual
trust    and respect for each other’s interest in the sphere of
sue fist ! J.S ;
DESIROUS of establishing the terms and conditions                    governing
activities of common interest to both parties ,
HAVE  AGREED     AS  FOLLOWS :
                                  ARTICLE    1
The purpose of this Agreement is to establish the                   principles
and rules which will in future govern , in all respects , the;
fishing activities of vessels flying the flags of Memh r
states     of       the      Community ,     hereinafter referred to as
" Community vessels ", in the waters over which the Seycheller
has sovereignty or jurisdiction in respect of fishex'ies in
accordance with the provisions of the                        United    Nations
Convention       on    the    Law    of   the   Sea    and   other   rules   of
international law and practice , hereinafter                 referred   to   as
" Seychelles’ waters ".
 ---pagebreak---                                    n
                              ARTICLE 2
 1.   The Seychelles shall permit fishing by Coranunity vessels
 in the Seychelles’ waters in accordance with this Agreement .
2.    The fishing activities under             this Agreement shall be
subject to the laws of Seychelles .
                              ARTICLE 3
 1.  The Community undertakes to take all necess&ry steps to
ensure that Community vessels observe the provisions of this
Agreement and the laws relating         to   fishing    ii >  Seychelles’
waters    consistent    with the provisions of the tnited Nations
Convention     on   the   Law   of  the    Sea   and   other    rules  of
international law and practice .
2.   The authorities of Seychelles shall notify the Commission
of the European Communities of any          proposed    change     to the
said laws .
                              ARTICLE 4
1.   Fishing activities in Seychelles' waters may be carried
out by Community vessels only pursuant to a licence issued by
the authorities of Seychelles at the Community 's request .
2.   The issue of a licence shall be subject to payment of the
licence fees by the shipowners concerned .
3.   The formalities for making applications for licences , the
amount of the fee          and   the methods of payment shall be as
specified in Annex I.
                             ARTICLE 5
The   Parties     undertake to coordinate action , either directly
or within     international organizations ,          to      ensure   the
management    and conservation of the living resources in the
Indian Ocean , and particularly in respect of highly migratory
species ,   and to facilitate the relevant scientific research .
                                                                        O
 ---pagebreak---                             ARTICLE 6
  To return    for the fishing opportunities accorded under
  Article 2 , the Community shall pay a financial contribution
  to Seychelles in accordance with the provisions for the
 payment and compensation referred to in Articles 2 and 3 of
 the Protocol attached to this Agreement , without prejudice to
 the financing for which Seychelles is eligible under the
 ACP-EEC convention .
                            ARTICLE 7
•1.    Without prejudice to the exercise by Seychelles of
 sovereignty or jurisdiction over Seychelles’ waters the
 Parties agree to consult on questions relating to the
 implementation and proper functioning of this Agreement .       To
 this effect a Joint Committee is hereby established . The
 Committee shall meet at the request of either Contracting
 Party .
2.     In the event of a dispute concerning the interpretation
 or application of this Agreement , such dispute shall be the
subject of consultation between the Parties .
3.    If no settlement is reached follow:' 1      ch consultations ,
and where it is claimed that a Party has manifestly failed to
comply with specific provisions or conditions established        by
this     Agreement ,   the   dispute   shall  be   the  subject  of
arbitration under the conditions      laid down  in Annex II .
                           ARTICLE 8
Nothing in this Agreement shall affect or prejudice in any
manner the view of either Party with respect to any matter
relating to the Law of the Sea .
                           ARTICLE 9
This     Agreement shall apply , on the one hand , to the
territories in which the Treaty establishing the European
Economic Community is applied and under the conditions laid
down in that Treaty and , on the other hand , to the territory
of the Republic of Seychelles .
                                                                 I2
 ---pagebreak---                                   Μ
                             ARTICLE  10
  The  Annexes and the Protocol attached to this Agreement form
  an integral part of this Agreement and , unless otherwise
  specified , a reference to this Agreement shall constitute a
  reference to them .
                             ARTICLE 11
  Should    the  authorities of Seychelles decide , as a result of
  developments in the state of stocks ,       to take conservation
  measures which affect the activities of Community vessels ,
  consultations shall be held between the Parties in         order  to
  adapt Annex I , Annex III and the Protocol .
                             ARTICLE 12
  The Agreement shall be concluded for an initial period of
  three years from the date of its entry into force .           Unless
  one of the Parties terminates it by giving notice to that
  effect six months before the date of expiry of the three-year
  period it shall remain in force for further periods of two
  years unless denounced by notice given at least three months
  before the date of expiry of each such two year period .          At
  the end of the three-year period ;       and thereafter at the end
  of each two-year period the Contracting Parties shall enter
  into negotiations to determine by common agreement what
  amendments or    additions   to   the   Annexes   or   Protocol  are
  required .    In the event of a Contracting Party giving notice
  denouncing the Agreement , the Contracting Parties shall enter
  into negotiations .
                             ARTICLE 13
  This Agreement     shall   enter   into   force   on   the  date  of
  signature .
                             ARTICLE 14
  This Agreement , drawn up in duplicate in the Danish ,        Dutch ,
  English , French , Greek , German ,      Italian , Portuguese and
  Spanish languages , each of these texts              being   equally
  authentic ,   shall be deposited in the archives of the General
  Secretariat of the Council of the European Communities , which
  shall transmit a certified copy of each to the Contracting
  Parties .
S
 ---pagebreak---                                 ANNEX   1
Conditions for the pursuit of fishing activities by Community
vessels in Seychelles' waters .
1    LICENCE APPLICATION AND      ISSUING FORMALITIES
The procedure for applications ,             for and issue of , the
licences enabling Community vessels to fish in Seychelles’
waters shall be as      follows   :
( a ) The Commission of the European Communities shall           present
to    the  Seychelles Fishing Authority , via the representative
of    the  Commission of the European Communities in                  the
Seychelles ,    an application for each vessel , made by the
shipowner , that wishes to fish under this Agreement , at least
20 days before the date of commencement of the period of
validity requested .      The applications shall be made on the
forms provided for that purpose by the Seychelles , a specimen
of which   is  annexed hereto .
( b ) Every licence is issued to the shipowner for one designated
vessel .   At the request of the Commission of the European
Communities    the  licence   for   a vessel  m.        in cases   of force
raajeure , will be replaced by a licence         .  r  another   Community
vessel .
(c)    The licences are delivered by the authorities of the
Seychelles to the shipowner ,          or their representatives or
agents .   The representative of the Commission of the European
Communities in      the   Seychelles      shall  be   notified   of   the
licences delivered by the Seychelles Fishing Authority .
( d ) The licence document must be held on board at all            times .
( e ) The authorities of the Seychelles shall communicate
before the date of entry into force of the agreement the
arrangements       for payment       of the licence fees ,       and in
particular the details of the bank accounts                    and    the
currencies    to be used .
2    VALIDITY OF LICENCES AND PAYMENT
(a)    The  licence     shall   be    valid for a period of one year .
They are renewable .
 ---pagebreak---                                   \b
 ( b ) As far as tuna vessels are concerned , the fees shall be
 set at 20 ECU per tonne caught within the Seychelles’ waters .
 Applications for licences for tuna vessels shall be issued
 following advance payment to Seychelles of a lump sum of
 5,000 ECU a year for each tuna seiner , equivalent to the fees
 for 250 tonnes of tuna caught within the Seychelles’ waters
 per year .   A provisional statement of the fees due for the
 fishing year shall be drawn up by the Commission of the
 European Communities at the end of each calendar year on the
basis of the catch statements made by the shipowners and
 forwarded simultaneously to the Seychelles authorities and
 the      Commission    of    the    European   Communities .    The
 corresponding amount shall be paid by the shipowners         to the
Seychelles’     Treasury no later than 31 March of the following
 year .   The final statement of the fees due in respect of a
fishing year shall be drawn up by the Commission of the
European      Communities ,    taking    into   account    available
scientific opinion ,       particularly of FAO ,    ORSTOM and the
Spanish Institute of Oceanography ( IEO ) experts established
in of Seychelles ,       and any statistical data which can be
gathered by an      international fishing organisation in the
Indian Ocean .       The shipowners shall be notified by the
Commission of the European Communities of the statement and
shall      have 30 days in which to meet their financial
obligations .    If the amount of the sum due for actual fishing
operations      does    not    equal    the advance payment ,    the
corresponding outstanding sura shall not be recoverable by the
shipowner .
(c)     As far as vessels other than tuna vessels are concerned ,
the fees shall be fixed in relation       to the GRT of the vessel .
3     OBSERVERS
Tuna      vessels shall at the request of the Seychelles *
authorities take on board an observer designated by these
authorities in order to check catches made in Seychelles’
waters .    Observers shall have all facilities necessary for
the performance of these duties including access to places
and documents .    An observer must not be present for longer
than the time required to fulfil his duties .         They shall be
provided with suitable food and accommodation while on boatd .
Should a tuna boat with a Seychellois observer on board leave
Seychelles’ waters , every step will be taken to ensure ‘ that
the observer returns to Seychelles as soon as possible , at
the shipowner’s expense .
4     EMPLOYMENT OF FISHERMEN
Each tuna vessel shall take on board at least two Seychellois
fishermen designated by the Seychelles’            authorities ,  in
agreement with the shipowners , during its fishing campaign .
The employment contracts of the fishermen shall be drawn up
 ---pagebreak---    in Victoria between the shipowner’s representatives and the
   fishermen in agreement with the Seychelles Fishing Authority .
   This contract shall cover the social security arrangements
  applicable to the fishermen ,             including life accident and
  sickness    insurance .
  5    LANDING
  Tuna vessels landing in the port of Victoria will endeavour
  to make their by-catches available to the                     Seychellois
  authorities at the local market prices .            Moreover , Community
  tuna vessels shall participate in securing the need of the
 Seychellois tuna canning industry at a price to be fixed in
 common agreement between the Community shipowners and the
 Seychelles       Fishing       Authority on the bases of current
  international      prices .      The  amount    has   to  be    paid     in
 convertible currency .           The programme of landings shall be
 determined in common            agreement     between     the    Community
 shipowners and the Seychelles Fishing Authority .               In case of
 landings or transhipments the shipowners will deliver to the
 Seychelles Fishing Authority fish they do not retain on
 board .
 6    RADIO COMMUNICATIONS
While       they    are engaged in fishing activities               in the
Seychelles’      waters vessels          shall     communicate     to    the
Seychelles’      authorities via Victoria radio station every
 three days their position and catches and , at the end of each
 trip , the result of their catches .
7    FISHING ZONES
To     avoid   any    adverse     effects   on small scale fisheries in
Seychelles’ waters fishing by Community tuna vessels shall
not be authorised          in the zones defined in Annex III , and
within three - miles around any fish aggregating devices placed
by Seychelles authorities ,            the geographical       positions of
which       have    been      communicated      to     the     shipowners’
representative or agent-.
8    PORT EQUIPMENT AND      USE OF SUPPLIES     AND SERVICES
Community      vessels shall endeavour to procure in Seychelles
all supplies and services required for their operations .               The
Seychelles’      authorities will lay down , in agreement with the
shipowners , the conditions for using port equipment and ,                if
necessary ,    supplies and services .
 ---pagebreak---        APPLICATION     FOR A FOREIGN FISHING VESSEL LICENCE
 Name of applicant :
 Address of applicant :
 Name and Address of charterer
 of vessel if different from above :
 Name and address of other legal
representative in Seychelles :
Name and address of master of
vessel :
Name of vessel :
Type of vessel :
Length and registered net tonnage
of vessel :
Engine type , horse power and
gross registered tonnage :
Port and country of registry :
Registration nuraber :
Fishing vessel external identification
 ---pagebreak--- Radio call sign / signal letters
Frequency
- Particulars of equipment
- Number and nationality of crew
Proposed fishing area and    species
of fish
Description of fishing operations ,
joint     ventures     and     other
contractual arrangements
I,    certify     that   the   above
particulars are correct .
                           Signature
Date
 ---pagebreak---                                a
                            ANNEX  II
 1 . Within two months from the date on which either Party has
 formally requested that a dispute be submitted to arbitration
 in accordance with Article 7 ( 2 ) of the Agreement , each Party
 shall appoint one member of the arbitral tribunal and these
 two members shall , within three months from the same date ,
agree upon a national of a third State , not being a national
of either Party as third member to be appointed by the two
Parties .
2.    The Party requesting arbitration shall , at the time of
treating the request , submit a statement of its claim and the
grounds on which such claim is based .
3.     If the period' specified in paragraph 1 have not been
observed , or if the parties fail to agree upon a national of
a third state as provided in paragraph 1 , either Party may ,
in the absence of any other relevant arrangement , invite the
Secretary General of the United Nations to make the necessary
appointments .
4.   The arbitral tribunal shall , on the basis of the present
Agreement and of other rules of international law , reach its
decisions by a majority of votes . Such decisions shall be
binding .   Although the cost of the arbitral tribunal shall
normally be borne in equal parts by both Parties , the
arbitral tribunal is empowered to rule otherwise concerning
costs . In all other respects , the arbitral tribunal shall
determine its own procedures .
 ---pagebreak---                                            Annexe III
                Zorins uiherp hi slung by Forcyi Vessels in £9roni bi tod
 ZONE 1 :    Comprising an urea around Mahe Island and Seychelles Bank with
             the boundary running as follows :-
             From Point 1 ( Latitude 5°22.o'S and Longitude 57°23.0' East )
             to Point 2 ( Latitude 3°40.0'S and Longitude 56°06.9 , E ) to r Point 3
           (Latitude 3°30.0'S and Longitude 55° 11 . 0 * E ) to Point 4
             ( Latitude 3°55.0'S and Longitude 54°23.0'E ) te Point 5 ( Latitude
            4°44.0's and Longitude 53°47.0'E ) to Point û ( Latitude 5°38.0 , S
            and Longitude 56°08.0'E ) to Point 7 ( Latitude B 34 . 04.' S -.
            and Longitude 56°02.0'E ) to Point 8 ( Latitude ü°34.0'S and
            Longitude 56°23.0'E ) and back to Point 1 , the point of commencement
 ZONE 2 :   Comprising an area around Platte Island with . he boundary running
            as follows :-
                                                                                  r
           From Point 1 ( Latitude 6 O06'3'S and Longitude 55°35.6'E ) to Point 2
            ( LaLitude S°39.0'S and Longitude 5S0 35.6'E ) to Point 3 ( Latitude .
           5°39 . 0*5 and Longitude 55°10.0'E ) to Point 4 ( Latitude 6°06.3'S
           and Longitude 55°10.0'E ) and back to Point 1 , the point of
           commencement .
ZONE 3 :   Comprising an area around Coetivy Island with the boundary running
           as follows :-
           From Point 1 ( Latitude 7°23.0'S and Longitude 56°25.0'C) to Point 2
           ( Latitude 6°53.0'S and Longitude 56°3S.0'E ) to Point 3 ( Latitude
           fj°53 . 0 ' S and Longitude 56°0Û.0'E ) to Point 4 ( Latitude 7°23.0'S
           uni Longitude 55°56.0'E ) ano back to Point 1 , th_r point of
           commencement .
ZONE 4' : Comprising an area around the Fortune f.-nk with the boundary
          running as follows :-
          From Point 1 ( Latitude 7°35.0'S and Long : tud .- b7°13.0'E ) to Point 2
          ( Latitude 7 (J1 . 0 ' S and Longitude 9f)°5Ci . 0 1 E ) te Point 3 ( Latitude
          7 U I . 0 1 b anu L. nny i tude 5G°4 8 . 0 1 E ) Lu Point 4 ( Latitude 7°16.0'S and
          Longitude bo 40.0'E ) to Point 5 ( Latituua 7 ü 3b.0'S and Longitude
          86 49.0'L ) and back to Point 1 , the point ui cummencement .
 ---pagebreak---                                         n
ZONE 5   :   Comprising, of on area around the .Amirantes Islands , with the
            boundary running as follows
            From Point 1 ( Latitude 5°45.0'S and Longitude 53°55.Q'E ) to
            Point 2 ( Latitude 4O 41.0'S and Longitude 53°35.6'E ) to Point 3
            ( Latitude 4°41.0'S and Longitude 53°13.0'E ) to Point 4
            ( Latituoe 6°09.Q 'S and Longitude 52°36.0'E ) to Point 5
            ( Latitude 6°33.0 'S and Longitude 53°06.0'E ) and back' to Point 1 ,
            the point of commencement .
ZONE 6 :    Comprising of a area around Alphonse Island with the boundary
            running as follows :-
            From Point 1 ( Latitude 7°21.5'S and Longitude- 52°56.5'E ) to
            Point 2 ( Latitude 6°48.0'S and Longitude 52°56.5'E ) to Point 3
            ( Latitude 6O48.0'S and Longitude 52°32.0'E ) to Point 4 ( Latituda_
           7°21.5 'S and Longitude 52°32.0'E ) and back to Point 1 , the point
           of commencement .
ZONE 7 :   Comprising of an area . irounu the I . ianu :. u I ■ I'uuiuenca , Farguhar ,
           St. Pierre and Wizard Reef with boundary running as follows :-
           From Point 1 Latitude 10°20.0'S and Longitude 51°29.0'E ) to
           Point 2 ( Latitude 8°39.0'S and Longitude 51°12.0'E ) to Point 3
           ( Latitude 9°04.0'S and Longitude 50°28.0'E ) to Point 4 ( Latitude
           10°30'S and Longitude SD°46.d'E ) and back to Point 1 , the point of
           commencement .                                        .                  _
ZONE 8 ;   Comprising of an area around 'Cosmoledo and As tov/ e . I slands with
           the boundary running as follows :-        «•                                 -–
           From Point 1 ( Latitude 10°18.0 'S and Longitude 4B°02.0 , E ) to
           Point 2 ( Latitude 9°34.0 'S and Longitude 47°49.0'E ) to Point 3
           ( Latitude 9°23.0 , S and Longitude 47°34.0'E ) to Point 4 ( Latitude
           9°39.0 'S and Longitude 47°14.0'E ) to Point 5 ( Latitude 10°18,0*S
           and Longitude 47°36.0'E ) and back to Point 1 the point of             .
           commencement .
 ---pagebreak---  Comprising of an area around Aldabra and Assemption Islands
 with the boundary running as follows :-
 From Point 1 ( Latitude 9°54.0'S.and Longitude 46°44 . O'E )       to
 Point 2 ( Latitude 9°;j10.0 , S and Longitude 46°44.0'E )    to Point 3
(Latitude 9°10.0'S and Longitude 46°01.0'E ) to Point      4
 ( Latitude 9°59.0 , S and 46°01.0'E ) and back to Point   <\ t the
 point of commencement .
 The areas of the     Zones described in 'this Schedule are shown
 delineated by red lines on charts ML/ADN/73A and nL/ADf\l/73B
 deposited in the office of the Chief Surveyor .
 ---pagebreak---                                   г\
                             PROTOCOL
between the European Economic Community and the Republic of
Seychelles on fishing rights and financial contribution for
the period 18 January 1987 to 17th January 1990 .
                              ARTICLE 1
1.   Pursuant to Article 2 of the Agreement and for the period
of application of           this   Protocol ,   licences    to    fish
simultaneously in the Seychelles waters shall be granted to
40 ocean-going tuna vessels .
2.   In addition , and at the request of the Community , certain
authorisations may be granted for other categories of fishing
vessels    on   terms    to   be  established   within    the    Joint
Committee .
                              ARTICLE 2
1.    The Community shall pay a contribution towards the
financing of a scientific and technical                programme    in
Seychelles to gain greater knowledge of fish stocks in the
region of the Indian Ocean surrounding the                 Seychelles
islands , particularly in respect of highly migratory species .
2.   This payment is fixed at 750,000 ECU for the duration of
this Protocol and at least 50 percent of it shall be paid
before 31st December 1987 .
                              ARTICLE 3
Pending the availability of more extensive knowledge in
respect of the fishery resources of the Seychelles waters and
without prejudice for future arrangements ,            the financial
compensation referred to in Article 6 of the Agreement shall
be subject to the following rules :
The amount of the financial compensation referred to in
Article 6 of the Agreement shall be fixed at a flat r&te of
at least six million ( 6,000,000 ) ECU for the duration of the
Protocol ,    payable ih three equal annual instalments .         This
quantity shall cover the fishing activities referred to in
Article 1 .     In the case of tuna fishing , the amount covers a
catch weight in the Seychelles’ waters of 40,000 tonnes of
tuna fished per year .           If the quantity of tuna caught by
Community vessels in the Seychelles waters exceeds this
quantity ,    the above mentioned amount shall be increased
accordingly ;    however , irrespective of the amount actually
caught the ceiling for financial compensation in any one year
shall   be    fixed   at    two  million    two   hundred     thousand
( 2,200,000 ) ECU .
 ---pagebreak---                                                                 i . <7 J v, C.S i ‘‘ r .* ■ ■• ■•• '. î.
  ir        tie             fci’s of ;m exchange of                                                            letters                c--n              i \: :f the
 pr' visic^sl f?7r-;?lics:':.S on of the Kre<;s~;U be                                                                                         ttv;: BtU'opean
 Kc-ipoeic Co.nnonxty ® «« the Republic cf Seyohel ies or; f iohittg
 (.•» '/ f o C C: b ?; A 1 a r> -
  X
 >i       T        J?p
               .'. f.* . ). • V'pAM
                              v i «--^ ‘ .   y *> r
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                                                           ;> /.V..-r
                                                                   Idfb••-* > iii
                                                                                :>* -T *       A
                                                                                               u/        Wlil? 0 -,7Ti*-
                                                                                                               Xi        >r. Y 7P
                                                                                                                    A *>*/...  j. »,» A
                                                                                                                                      v." A^ hl > h .  At .■>•? i.j T'^
                                                                                                                                                                    r < o. O
 h»* J
 A 1 ?.
Kith reference fa the A^rre^euv betwoea the Suropcan St- or- oaic
Coiaiauiiity rr.d the iJepubixo of Seychelles OR f j t> b ian off
Seychs.1 IRK initialled osi 3 Deceoher j.iKJS , I have the h on err
 to infora you that the Government of the Rtr • ’.!:> I ie of
Seychelles is prepared to apply tfcic Agreement provisi.onn.iiy
fr OK 18 January 1987 until, it enters is. to force in accordance
with Article 13 of the                                            said                        Agreement ,                    provided                 that                 the
European Economic Community is prepared to do likewise
It           is understood that , in thi~ c««*e , a first annual
instalment of the financial compensation laid down in Article
3 of the Protocol, rust he paid before dl May 19R7 .
I         should               be          obliged if you would confirm that the European
Economic                     Community                 agrees                           to               provisional                  application                            as
indicated above .
Please                    accept ,                Hir,                     the                          assurance                of          ray         highest
considérât ion .
                                      For the Government of the Republic of Seychelles
 ---pagebreak---  B   LETTER FROM THE EUROPEAN ECONOMIC COMMUNITY
 Sir
 I have the honour to acknowledge receipt of            your    letter  of
 today’s date , which reads as follows :
" With    reference to the Agreement between the European
Economic Community and the Republic of Seychelles on fishing
off Seychelles ,     initialled on 3 December 1986 , I have the
honour to inform you that the Government of the Republic of
Seychelles, is prepared to apply that Agreement provisionally
from 18 January 1987 until it enters into force in accordance
with Article 13 of the said Agreement provided that the
European Economic Community is prepared to do likewise .
It    is  understood   that ,   in    this   case ,   a   first     annual
instalment of the financial compensation laid down in Article
3 of the Protocol must be paid before 31 May 1987 .
I should be obliged if you would confirm            that   the    European
Economic    Community    agrees    to   provisional      application    as
indicated above ".
I have the honour     to    confirm    that   the    European     Economic
Community    agrees   to    provisional     application      as indicated
above .
Please     accept ,   Sir ,    the     assurance      of     my    highest
cons iderat ion .
                               For the European Economic Community
 ---pagebreak---                    FINANCIAL                      STATEMENT
                                                                                        DATE I
                                                                    _                                                             .
1 . BUDGET LINS COIICEniíED i              422
                             EEC /SEYCHELLCS fisheries agreement
3 . LBCAL BASIS »            EEC/SEYCHELLES Agreement covering the period 18 January 1987 to 17 January 1990
                             Agreement plus new protocol arid new annexes for a three-year period
                             Financial conrjensation/ fishing rights
                             Financing of Seychelles scientific and technical programmes
5 . FINANCIAL CCIISOJUUIC2                          POR TUE KARXXTINQ TEAR CU RAIDÎT FINANCIAL TEAR     FOLLOWING * -ÎANCI AL TEAR
5.0 aiEEDITURE                                                                     («Î7 )                              )
      -C1URCED TO THE EC BU DC ET
       ( REJUII IG/ l IITER VISITI ONS )                                    2.375.000 ECU                 2.1Γ7.500 ECU
      –CHANCED TO NATIONAL A DPI NI STR .
      –OUfICED TO OWES NATIONAL GROUP3
5.1 RECQPT3
      -0*11 RESOURCES OP THE ES
       ( LEVI ES/ CUSTOIS DUTIES )
     •-NATIONAL
                                                                                        1 9S7                   198 ?.
                                                    TEAR .                 TEAR .                       TEAR . . .
 5.0.1 PLURI ANNUAL PATTERÏ OP ETPENDITURE
 5.1.1 FU) RI A-IMI AL PATTERN OP RECHI PTS
 5.2 KA2Til00 OP CALCULATION                  . ,
                                       Financial, compensation - total cost :             6.000.' '00 ECU being 2.GQ0.00Ü ECU pér
                                       Financing of Seychelles scientific programme         750.000 ECU over 5 years
                                       1987 cost = 50 % of total cost =                       375.000 ECU
                                       1988 cost = 25 % of total cost =                       187.500. ECU
                                       1989 cost = 25 % of total cost =                       187.500 ECU
 6.0 FINANCING POSSIBLE WITH CREDITS INSCRIBED IN RELEVANT CHAPTER OP CURRENT BUDGET T
 6.1 PINANC1NC POSSIBLE BT TRANS/ EH BETWHJJ CHAPTEHS CP CURALNÎ BUDCLT 7
 6.2 KECELSITT POR A SU F FLIS ES .T AAT BUSCET 7
 6.J CREDITS TO BE WRITTiSI IETO FUTURS BUDGETS 7              1983 I 2.187.500 ECU                                 ПГ/ И
                                                               1989 : 2.187.500 ECU
 COOD.T3 i
 ---pagebreak--- SUMMARY OF CONSEQUENCES OF CERTAIN LEGISLATIVE ACTS ON SMALL AND
MEDIUM-SIZED UNDERTAKINGS AND EMPLOYMENT
1.   ADMINISTRATIVE OBLIGATIONS ON UNDERTAKINGS RESULTING FROM APPLICATION
     OF THE LEGISLATION :
         NONE
2.   ADVANTAGES FOR UNDERTAKING
     - YES / WJ
     - IF " YES ", SPECIFY :  Retention and development of fishing activities in
                             waters under the sovereignty of the Seychelles
3.   OBLIGATIONS ON UNDERTAKINGS ( ADDITIONAL COSTS )
     - YES / IBS
     - IF " YES ", SPECIFY : fees for fishing licences ( see Agreement )
4.   IMPLICATIONS FOR EMPLOYMENT
          Maintains employment
3.   WAS THERE PRIOR CONSULTATION OF EMPLOYERS AND LABOUR ?
     -  NO
     - IF " YES ", WHAT WAS THEIR POSITION ,
6.   IS THERE AN ALTERNATIVE , LESS BINDING APPROACH ?