CELEX: 51993PC0090(01)
Language: en
Date: 1993-03-18
Title: Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period 18 January 1993 to 17 January 1996 the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off the coast of Seychelles

SKSMHI
                COMMISSION OF THE EUROPEAN COMMttJNITIES
                                                                                       COM(93) 90          final
                                                                                       Brussels, 18 March 1993
                                                               Proposal for a
                                                             COUNCIL DECISION
                      on the condMion of the Agrccsscaf in the form of an Exchange of Letters concerning the
                      provisional apflicatioa of die Protocol defining for the period 18 January 199J to 17 January
                      199&' the fhinag opnonanifiri and the financial contribution provided for by the Agrcenwnt
                      li f ttvf fn thff Fufflfff an Ecoooniif dftrTftwitty and ritf RfpuMk1 <rf Srycht Ht t un fwhing ffff thf
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                                                               Proposal for a
                                                      COUNCIL REGULATION (EEm
                    on the conclusion of the Protocol defining, for the period from II January 1993:
                    to 17 January 199$, the fishing opportunities and the financial contribution
                    provided for by the Agreement between the European                                       Community
                                     and the Republic of Seychelles on fishing off Seychelles
                                                    (presented by the Commission)
 ---pagebreak---                                                                                          2_
                                 EXPLANATORY HEHORAWUH
The Protocol attached to the fishing Agreement between the European Community
and the Government of the Republic of Seychelles expired on 17.1.1992.             A new
Protocol    establishing    the  technical   and  financial   conditions    for  fishing
activity by the EEC       fishing  fleet  in Seychelie waters     for  the period   from
18.1.1993 to 17.1.1996 was initialled by the two Parties on 14.1.1993.
The terms are identical to those of the previous protocol.
On this basis the Commission proposes that the Council adopt:
     by decision, a draft Agreement         in the  form  of   an Exchange of    Letters
     concerning     the provisional   application  of the new Protocol      pending  its
     définitive entry into force,
     by regulation,      the Protocol   establishing  the   fishing   opportunities and
     tecfcntcal and    financing conditions pertaining      thereto as «anted by the
     i w r n i w Community and Seychelles for the period 14.1.1993 to 17.1.1994.
 ---pagebreak---                                                                   II
                                            (Acts whose publication is not obligatory)
                                                        COUNCIL
                                                       COUNCIL DECISION
                                                          of
                  on the conclusion of the Agreement in the form of an Exchange of Letters concerning the
                  provisional application of the Protocol defining for the period 18 January 1993 to 17 January
                  199^ the fishing opportunities and the financial contribution provided for by the Agreement
                 between the European Economic Community and the Republic of Seychelles on fishing off the
                                                         coast of Seychelles
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             letters should be approved subject to a definitive decision
                                                                     pursuant to Article 43 of the Treaty,
Having regard to the Treaty establishing the European
           Community,
                                                                     HAS DECIDED AS FOLLOWS:
Having regard to the Agreement between the European                                             Article 1
         V Community and the Republic of Seychelles on
fishing off Seychelles ('), signed in Brussels on 28 October         The Agreement in the form of an Exchange of Letters
1987,                                                                concerning the provisional application of the Protocol
                                                                     defining, for the period 18 January 199$ to 17 January 199é,
Having regard to the proposal from the Commission,                   the fishing opportunities and the financial contribution
                                                                     provided for by the Agreement between the European
                                                                                  Community and the Republic of Seychelles on
Whereas the Community and the Republic of Seychelles have             fishing off Seychelles is hereby approved on behalf of the
held negotiations with a view to determining amendments to           Community.
be made to the abovementiohed Agreement at the end of the
period of application of the Protocol in force which is              The texts of the Agreement in the form of an exchange of
annexed to the said Agreement;                                        letters and the Protocol are attached to this Decision.
Whereas, as a result of these negotiations, a new Protocol                                       Article 2
was initialled on 1^ January 1993, by virtue of which                 The President of the Council is hereby authorized to
Community fishermen are to enjoy fishing opportunities in             designate the persons empowered to sign the Agreement in
the waters falling within the sovereignty or jurisdiction of the      the form of an Exchange of Letters in order to bind the
Republic of Seychelles for the period 18 January 1993 to 1 7          Community.
January 199e»;
Whereas, in order to avoid interruption of fishing activities         Done at Brussels,
by Community vessels, both parties have initialled an
Agreement in the form of an Exchange of Letters providing                                                    For the Council
for the provisional application of the said Protocol from the
day following the date of expiry of the Protocol previously in                                                The President
force; whereas the Agreement in the form of an exchange of
(») OJ No L 119. 7. 5. 1987, p. 26.
 ---pagebreak---                                                                 H
                            Agreement
in the form of an Exchange of Letters concerning the
provisional application of the Protocol defining, for the
period 18 January 1993 to 17 January 1996, the fishing
opportunities and the financial contribution provided for by
the Agreement between the European Community and the Republic
of Seychelles on fishing off Seychelles.
            A. Letter from the Republic of Seychelles
Sir,
With reference to the draft Protocol, initialled in Victoria
on 14 January 1993, establishing the fishing opportunities and
the financial contribution for the period 18 January 1993 to
 17 January 1996, I have the honour to inform you that the
Republic of Seychelles is ready to apply this Protocol on a
provisional basis, with effect from 18 January 1993, pending
 its entry into force in accordance with Article 6 of the
Protocol, provided that the European Community is prepared to
do the same.
This is on the understanding that a first instalment equal to
one-third of the financial compensation specified in Article 2
of the Protocol is to be paid by 31 May 1993.
 I should be obliged if you would confirm the European
 Community's agreement to such provisional application.
Please accept, Sir, the assurance of my highest consideration.
                                 For the Republic of Seychelles
 ---pagebreak---                                                                s
             B. Letter from the European Community
Sir,
I am in receipt of your letter of today's date, which reads as
follows :
"With reference to the draft Protocol, initialled in Victoria
on 14 January 1993, establishing the fishing opportunities and
the financial contribution for the period 18 January 1993 to
17 January 1996, I have the honour to inform you that the
Republic of Seychelles is ready to apply this Protocol on a
provisional basis, with effect from 18 January 1993, pending
its entry into force in accordance with Article 6 of the
Protocol, provided that the European Community is prepared to
do the same.
This is on the understanding that a first instalment equal to
one-third of the financial compensation specified in Article 2
of the Protocol is to be paid by 31 May 1993.
I should be obliged if you would confirm the European
Community's agreement to such provisional application."
I have the honour to confirm the European Community's
agreement to such provisional application of the Protocol.
Please accept, Sir, the assurance of my highest consideration.
                               For the European Community
 ---pagebreak---                                                                                                                               6
*. 11. 9»
                                           (/!<** H4m.tr publication    is obligatory)
                                     COUNCIL REGULATION (EEC) N o
                                                     of
                   on the conclusion of the Protocol defining, for the period from 18 January 1993
                   to 17 January 1996, the fishing opportunities and the financial contribution
                   provided for by the Agreement between the European                               Community
                              and the Republic of Seychelles on fishing off Seychelles
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
              Community, and in particular Article 43                                          Article I
thereof.
                                                                   The Protocol defining, for the period from 18 January
Having regard to the proposal from the Commission,                 199J to 17 January I9Ï&, the fishing opportunités and the-
                                                                   financial contribution provided for by the Agreement
Having regard to the opinion of the European Parli-                between the European                  Community and the
ament ('),                                                         Republic of Seychelles on fishing off Seychelles is hereby
                                                                   approved on behalf of the Community.
Whereas, in accordance with the Agreement between the
European                  Community and the Republic of            The text of the Protocol is attached to this Regulation.
Seychelles on fishing off Seychelles, signed in Brussels on
28 October 1987 ('), the Contracting Parties held negotia-
tions with a view to determining amendments to be made                                         Article 2
to that Agreement at the end of the period of application
of the Protocol attached to the said Agreement ;                   The President of the Council is hereby authorized to
                                                                   designate the persons empowered to sign the Protocol in
Whereas, as a result of these negotiations, a new Protocol         order to bind the Community.
defining for the period from IH January I9°j to 17
January 1996 the fishing opportunities and the financial
contribution provided for by the abovementioned Agree-                                         Article J
 ment was initialled on I*/ January 199J ;
                                                                   This Regulation shall enter into force ~>n the third day
 Whereas it is in the Community's interest to approve that          following its publication in the Official Journal of the
 Protocol,                                                          Eu ropea n Co m m u n it ies.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done
                                                                                For the Council
                                                                                 The President
 (') Opittion delivered on                (not yet published in
     the Official Journal).
 O OJ No L 11». 7. 5. 1987, p. 26.
 ---pagebreak---                                                               ^
                           PROTOCOL
defining for the period 18 January 1993 to 17 January 1996 the
fishing opportunities and the financial contribution provided
for by the Agreement between the European Community and the
Republic of Seychelles on fishing off Seychelles.
                           Article 1
1. Pursuant to Article 2 of the Agreement, and notwithstanding
Article 12 of the Agreement relating to further periods of the
Agreement, licences to fish simultaneously in Seychelles
waters shall be granted to 40 ocean-going tuna seiners for a
period of three years beginning on 18 January 1993.
2. Furthermore fishing licences may also be granted for tuna
trollers and surface tuna longliners not exceeding 18 metres
length overall.
                           Article 2
The financial contribution referred to in Article 6 of the
Agreement shall be fixed at 6.980.080 ECU for the period
provided for in Article 1 of this Protocol, payable in three
equal annual instalments. The financial contribution
corresponds to a catch of 46.000 tonnes of tuna per year in
Seychelles' waters. If the tuna caught by Community vessels
in Seychelles' waters exceeds 46.000 tonnes, the Community
shall increase the financial contribution proportionately.
                           Article 3
The Community shall also pay, during the period referred to in
Article 1, a contribution of 2.700.000 ECU, payable in three
equal annual instalments, towards the financing of scientific
programmes in the Seychelles to gain greater knowledge of fish
stocks concerning the region of the Indian Ocean surrounding
the Seychelles islands, particularly in respect of highly
migratory species, and the purchase or maintenance or both, as
Seychelles may think fit, of equipment to improve the
administrative structure relating to fisheries in Seychelles.
The Seychelles authorities shall forward a brief report on the
way that amount is used to the Community
 ---pagebreak---                            Art icle 4
The two parties hereby agree that an essential condition for
the success of their cooperation is that the skills and
know-how of persons engaged in sea fishing be improved. To
this end, the Community will assist Seychellois nationals in
finding places in establishments in its Member States or
States with wich it has concluded cooperation agreements and
will make available an amount of 300.000 ECU for study or
practical training awards with a maximum duration of five
years in the various scientific, technical and economic
subjects relating to fisheries. Of this amount, up to
ECU 100.000 may be used, at the request of the Seychelles'
authorities, to cover the cost of attending international
meetings relating to fisheries.
                           Article 5
The Protocol and Annex I, dated 18 and 17 January 1990
respectively, to the Agreement which came into force on
28th Octobre 1987 between the European Community and the
Republic of Seychelles on fishing off Seychelles are hereby
repealed and replaced by this Protocol and Annex I.
                           Article 6
This Protocol and Annex I shall enter into force on the date
of their signature.
This Protocol and Annex I shall be applicable from 18 January
1993.
 ---pagebreak---                                                               %
                            ANNEX I
 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, 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, made by the
    shipowner, for each vessel that wishes to fish under this
    Agreement, at least 20 days before the date of
    commencement of the period of validity requested. The
    application shall be made on the form provided for that
    purpose by the Seychelles, a specimen of which is annexed
    hereto;
(b) every licence shall be issued for one designated vessel.
    At the request of the Commission of the European
    Communities, the licence for a vessel may, and, in cases
    of force majeure, will be replaced by a licence for
    another Community vessel;
(c) the licences shall be delivered by the authorities of the
    Seychelles to the shipowners, or their representatives or
    agents. The representative of the Commission of the
    European Communities shall be notified of the licences
    granted by the authorities of Seychelles;
(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) Licences shall be valid for a period of one year.   They
    are renewable.
(b) As far as tuna seiners are concerned, the fees shall be
    set at ECU 20 per tonne caught within Seychelles* waters
    Applications for licences for these vessels shall be
 ---pagebreak---     issued following advance payment to Seychelles of a lump
    sum of ECU 5.000 per year for each vessel, equivalent
    to the fees for 250 tonnes of tuna caught within the
    Seychelles' waters per year.
(c) For small tuna trollers and surface tuna longliners
    mentioned in Article 1 of the Protocol, the licence
    fee is fixed at 20 ECU per tonne caught in Seychelles
    waters. The licences shall be issued following advance
    payment to Seychelles of a lump sum of 500 ECU a year per
    vessel, equivalent to the fees due for 25 tonnes of tuna
    caught in Seychelles' waters per year.
(d) 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 calender 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 the Seychelles, and any statistical
    data which can be gathered by an international fishing
    organization in the Indian Ocean and any comments or data
    supplied by the Seychelles authorities to the Commission.
    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 is
    less than the advance payment, the Seychelles authorities
    shall retain the balance.
3. Observers
Tuna seiner vessels shall, at the request of the Seychelles'
authorities, take on board an observer designated by the said
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. Observers shall be
provided with suitable food and accomodation while on board.
Should a tuna seiner 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 shipowners' expense.
 ---pagebreak---                                                               M
4. Employment of fishermen
Each tuna seiner shall take on board at least two Seychelles
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 in
Victoria between the shipowners' representatives and the
fishermen in agreement with the Seychelles Ministry
responsible for Employment. This contract shall cover the
social security arrangements applicable to the fishermen
including life, accident and sickness insurance.
5. Landing
Tuna seiners landing in the port of Victoria will endeavour to
make their by-catches available to the Seychellois authorities
at the local market prices. Furthermore the Community tuna
seiners shall participate in supplying tuna to the Seychelles
canneries at international market prices.
6. Radio  communications
While they are engaged in fishing activities in the
Seychelles' waters, vessels shall communicate their position
and catches every three days to the Seychelles' authorities
via Victoria radio station and, at the end of each trip, the
result of their catches.
7. Fishing zone
To avoid any adverse effect on small-scale fisheries in
Seychelles' waters, fishing by Community vessels shall not be
authorized in the zones defined in the Seychelles regulations
nor within three miles around any fish-aggregating device
placed by the 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--- 9. Catch statements
Community vessels shall be required to complete a fishing log
book for each fishing period in Seychelles' waters. Failure
to complete this log book, duly proven falsification of the
details required to be entered therein or failure to pay any
fees due by any Community vessel under this Agreement may be
penalized by suspension, revocation or non-renewal of the
vessel's fishing licence. Suspension or revocation of a
fishing licence shall be regarded as force majeure for the
purpose of point 1(b) of this Annex.
Before any licence is suspended or revoked, the Commission of
the European Communities will be fully informed of all the
relevant facts.
 ---pagebreak---                                                                                       J'b
                       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 number:
Fishing vessel external identification:
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.
Date:                                                     Signature:
 ---pagebreak---                                         fiche f inane i ce v
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  0\
                f<*iANC<AL                 IMPLICATIONS                         Our trig' tti« ' f i s h i n g '  CURRENT    F INANCtAL'..YEAR        fOlLOVINC   FINANCIAL    YEAR
             .0 E X P E N D I T U R E                                                                                           1993                             1994
                      - C M A R C E O TO TMC EC 8 U O C E T
                         (REFUMOS/INTERVENTIONS)
                      - NATIONAL                   AUTHORITIES                                                      3.300.000 ECU                         3.300.000 ECU
                      - OTHER NATIONAL SOURCES
             . 1 DEVENUE
                      - OWN R E S O U R C E S OF THE EC
                                                                                                                     (amual average)                    (annual average)
                         (LEVIES/CUSTOU OUTIES)
                      -   NATIONAL
                                                                                     YEAR.                        YEAR .1.993                 .1.994                  YEAR 1.995
             .0.1 U U L T I A N N U A L              TIMETABLE
                      OF E X P E N D I T U R E
                                                                                                             3.300.000 ECU           3.300.000 ECU            3.300.000 ECU
          5.2 M E T H O D         OF            CALCULATION                                                                      (annual average)
                                                                 Financial contribution                                6.900.000                     ECU
                                                                Scientific programme                                   2.700.000                     ECU
                                                                Study grants                                                                         ECU
                                                                                                                          300.000
                                                                 Financial compensation                                                               ECU (total cost)
*                                                                                                                     ÏL900.00Û
                                                                Average annual cost                                    3.300.000                     ECU
          6.0     CAN    THE         PROJECT           BE F I N A N C E O    FROM APPROPRIATIONS             ENTEREO   IN  THE  RELEVANT       CMAPU»     OF THE CURRENT   BuDCCI   7
                                                                                                                                                                            rtsXJHO
          t.X     CAN    TNE         PROJECT           BE FINANCEO           BY TRANSFER     BETWEEN         CHAPTERS   OF  Tn£ C U R R E N T  BUOCET   7
                                                                                                                                                                            XX)S/KO
          6.2 « I I I      A SUPPLEMENTARY                    BUOCET         BE NECESSARY      7
                                                                                                                                                                            %n/«°
          6.3 WILL         FUTURE                 BUOCET  APPROPRIATIONS            BE  NECESS»*»*         I
                                                                                                                                                                              IS/*»X
          C O " « { r« I S
 ---pagebreak---                                                                                     /fS"
                                                                      BSN 0254-1475
                                                                COM(93) 90 final
                                                       DOCUMENTS
EN                                                                         03 u
                                Catalogue number : CB-CO-93-112-EN-C
                                                              ISBN 92-77-53557-1
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