CELEX: 51990PC0088(02)
Language: en
Date: 1990-03-14
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) RELATING TO THE CONCLUSION OF THE PROTOCOL DEFINING FOR THE PERIOD FROM 18 JANUARY 1990 TO 17 JANUARY 1993 THE FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION PROVIDED FOR BY THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF SEYCHELLES ON FISHING OFF SEYCHELLES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                    C0MC90) 88 final
                                                                    Brussels/ 14 March 1990
                                                  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 from
                      18 January 1990 to 17 January 1993 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
                                                  Proposal for a
                                            COUNCIL REGULATION (EEC)
                  relating to the conclusion of the Protocol defining for the period from
                    18 January 1990 to 17 January 1993 the fishing opportunities and the
                      financial contribution provided for by the Agreement between the
                        European Economic Community and the Republic of Seychelles on
                                             fishing off Seychelles
                                          (presented by the Commission)
,,^Hfiffl3^
 ---pagebreak---                           EXPLANATORY MEMORANDUM
The Protocol to the fisheries Agreement between the European Economic
Community and the Republic of Seychelles, signed on October 28 1987
expired on 17 January this year.
 In accordance with Article 12 of the Agreement, the contracting parties
held negotiations with a view to revising the Protocol to the
Agreement. A new Protocol defining the fishing opportunities and
financial contribution for the period from 18 January 1990 to 17
January 1993 was Initialled on 17 January 1990. In order to avoid an
Interruption of fishing activities by Community vessels, an exchange of
letters on the provisional application of the new Protocol from 18
January 1990 was also Initialled.
The Protocol provides fishing opportunities for 40 ocean-going      tuna
seiners for a period of three years starting on 18 January 1990.
The financial compensation payable by the Community is 2,300,000 ECU
per year. In addition, the Community will contribute 2,700,000 ECU
over three years to finance scientific programmes In the Seychelles to
study fish stocks and for the purchase and maintenance of equipment for
the Seychelles fisheries administrative structure, plus a maximum of
ECU 300,000 over 3 years to finance study or practical training awards.
Shipowners' fees have been set at ECU 20 per tonne of tuna caught.
The Commission proposes that the Council should, as soon as possible,
adopt
1.   the attached 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 from 18 January
     1990 to 17 January 1993, the fishing opportunities and the
     financial contribution provided for by the Agreement between the
     European Economic Community and the Republic of Seychelles on
     fishing off Seychelles;
2.   the attached Regulation relating to the conclusion of the Protocol
     defining for the period from 18 January 1990 to 17 January 1993 the
     fishing opportunities and the financial contribution provided for
     by the Agreement between the European Economic Community and the
     Republic of Seychelles on fishing off Seychelles.
 ---pagebreak---                                  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 from 18 January 1990 to 17 January 1993 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,
Having regard    to   the Treaty   establishing   the  European  Economic
Community,
Having regard to the Agreement between the European Economic Community
and the Republic of Seychelles on fishing off Seychelles'), signed in
Brussels on 28 October 1987,
Having regard to the proposal from the Commission^2)
Whereas the Community and the Republic of Seychelles held negotiations
with a view to determining amendments or additions to be made to the
Agreement on fishing off Seychelles at the end of the period of
application of the first Protocol;
Whereas as a result of these negotiations a new Protocol was Initialled
on 17 January 1990;
Whereas under     this Protocol    Community   fishermen   enjoy  fishing
opportunities   in the waters falling within the sovereignty or
jurisdiction of the Republic of Seychelles for the period from 18
January 1990 to 17 January 1993;
Whereas, in order to avoid Interruption of fishing activities by
Community vessels, It Is essential that the Protocol be approved as
quickly as possible; whereas both parties have therefore initialled an
Agreement In the form of an exchange of letter providing for the
provisional application of the Initialled Protocol from the day
following the date of expiry of the Protocol previously In force;
whereas the Agreement in the form of an exchange of letters should be
concluded, subject to a definitive decision under Article 43 of the
Treaty.
HAS DECIDED AS FOLLOWS :
(1) 0J n' I 119, 7.5.87, p. 26
(2)
 ---pagebreak---                                Article 1
The Agreement In the form of an exchange of letters concerning the
provisional application of the Protocol defining for the period from 18
January 1990 to 17 January 1993. The fishing opportunities and the
financial contribution provided for by the Agreement between the
European Economic Community and the Republic of Seychelles on fishing
off Seychelles 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.
Done at Brussels              1990
                                       For the CounclI
                                       The President
                                                                        \
 ---pagebreak---                                  PROPOSAL
                                    FOR
                       COUNCIL REGULATION (EEC) N*
relating to the conclusion of the Protocol defining for the period from
18 January 1990 to 17 January 1993 the fishing opportunities and the
financial contribution provided for by the Agreement between the
European Economic Community and the Republic of Seychelles on fishing
off Seychelles
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the         European  Economic
Community, and In particular Article 43 thereof,
Having regard to the proposal from the Commission,')
Having regard to the opinion of the European Parliament/ 2 )
Whereas, in accordance with the Agreement between the European Economic
Community and the Republic of Seychelles on fishing off Seychelles,
signed in Brussels on 28 October 1987(3), the contracting parties held
negotiations with a view to determining amendments or additions to be
made to the Agreement at the end of the period of application of the
first Protocol ;
Whereas as a result of these negotiations a new Protocol defining for
the period from 18 January 1990 to 17 January 1993 the fishing
opportunities and the financial contribution provided for by the
Agreement was Initialled on 17 January 1990;
Whereas it is In the Community's Interest to approve this Protocol,
HAS ADOPTED THIS REGULATION :
                                Article 1
The Protocol defining for the period from 18 January 1990 to 17 January
1993 the fishing opportunities and the financial contribution provided
for by the Agreement between the European Economic Community and the
Republic of Seychelles on fishing off Seychelles is hereby approved on
behalf of the Community.
The text of the Protocol Is attached to this Regulation.
(1) OJ n" L
(2)  OJ n* L
(3) 0J n' L 119,7.05.87, p. 26
 ---pagebreak---                                Article 2
The President of the Council is hereby authorized to designate the
persons empowered to sign the Protocol in order to bind the Community.
                               Article 3
This Regulation shall enter Into force on the third day following that
of Its publication In the Official Journal of the European Communities.
This Regulation shall be binding       in  its  entirety  and  directly
applicable in all Member States.
Done at Brussels,      1990
                                       For the CounclI
                                       The President
 ---pagebreak---                                          PROTOCOL
      oefining for the perioo from 18 January 1990 to 17 January 1993 the fishing
      opportunities and the financial contribution provided for by the Aqreement
       between the European Economic Community ana the Republic of Seychelles on
                                 fishing off Seychelles.
     THE CONTRACTING PARTIES,
     Having reqarc to the Aqreement between the European Economic Community and
    the Republic of Seychelles on fishing off Seychelles, signed on 28 October
    1987,
    HAVE AGREED AS FOLLOWS
                                        Article .1
    1-   Pui suant to Article 2 of the Agreement, and notwithstanding Ai t i d e 12
    of the Agreement relating to further perioos of the Agreement, licences to
    fish simultaneously in Seychelles waters shall be grantee to &0 ocean-going
    tuna seiners for a perioo of 3 years beoinninq on 18 January 1990.
    2.   In aocition, and at the request of the Community, authorizations may be
    qranteo for accitional fishing vessels on terms to be established within the
    Joint Committee referreo to in Article 7 of the Aqreement.
                                       Article 2
    The amount of the contribution referreo to in Article 6 of the Agreement
    shall he fixée at a flat-rate of 6,900,000 ECU for the curation of the
    Protocol, payable in three equal annual instalments.
^ >
 ---pagebreak---                                         Article 3
      The Community shall also pay, curing the perioo referred to in Article 1, a
     contribution of 2,700,000 ECU towaros 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 islanos, particularly
     in respect of highly migratory species, and the purchase or maintenance or
     both, as Seychelles may think fit, of equipment to improve the
     aoministrative structure relatinq to fisheries in Seychelles.
                                        Article A
     The two Parties hereby aqree that an essential condition for the success of
     their cooperation is that the skills ana know-how of persons engaoed in sea
     fishing be improvec.   To this enc, the Community will assist Seychellois
     nationals in finoing places in establishments in its Member States or States
     with which it has concluded cooperation agreements and will make available
     an amount of 300,000 ECU for stucy or practical training awards with a
     maximum curation of 5 years in the various scientific, technical and
     economic subjects relatinq to fisheries.   Of this amount, up to 100,000 ECU
     may he usee, at the renuest of the Seychelles' authorities, to cover the
     cost of attencing international meetings relating to fisheries.
                                        Article 5
     The Protocol ana Annex I to the Agreement between the European Economic
     Community and the Republic of Seychelles on fishing off Seychelles are
     hereby repealed and replacée by this Protocol ana Annex I.
                                        Article 6
     This Protocol ana Annex I shall enter into force on the date of their
     siqnature-
-^>.
     The Protocol and Annex I shall be applicable from 18 January 1990.
 ---pagebreak---                                             ANNEX I
         Conditions for the pursuit of fishinq activities by Community vessels in
         Seychelles' waters
         1. Licence application and issuing formalities
        The proceeure 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 Fishinq Authority, via the representative of the Commission of
        the European Communities in the Seychelles, an application, mace by the
        shipowner, for each vessel that wishes to fish unoer this Aqreement, at
        least 20 Oays before the oate of commencement of the perioa of valieity
        requestec.   The application shall be made on the form provided for that
        purpose by the Seychelles, a specimen of which is annexeo 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,
        ane, in cases of force majeure, will, subject to the payment of the licence
        fee, 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
        grantee by the authorities of Seychelles.
        (d) The licence document must be helo on hoard at all times.
        (e) The authorities of the Seychelles shall communicate before the cate of
        entry into force of the agreement the arrangements for payment of the
        licence fees, ana in particular the details of the bank accounts ana the
        currencies to be usee.
K
  ±~y,-
 ---pagebreak---      2. Validity of licences and payment
     (a) Licences shall be valia for a period of one year-.   They are renewable.
     (b) As far as tuna vessels are concernée', the fees shall be set at 20 ECU
    per tonne caught within Seychelles waters.
    Applications for licences for tuna vessels shall be issued following aevance
    payment to Seychelles of a lump sum of 10,000 ECU a year for each tuna
    seiner, equivalent to the fees for 500 tonnes of tuna cauqht within the
    Seychelles' waters per year.   A provisional statement of the fees eue for
    the fishing year shall be arawn up by the Commission of the European
    Communities at the end of each calendar year on the basis of the catch
    statements maoe by the shipowners ane forwarded simultaneously to the
    Seychelles authorities ana the Commission of the European Communities.     The
    corresponding amount shall be paie by the shipowners to the Seychelles'
    Treasury no later than 31 March of the followinq year.     The final statement
    of the fees cue in respect of a fishing year shall be drawn up by the
    Commission of the European Communities, takinq into account available
    scientific opinion, particularly of FAO, ORSTOM and the Spanish Institute of
    Oceanography (IE0) experts estahlishec in the Seychelles, ane any
    statistical eata which can be gatherec by an international fishing
    ornanisation in the Inaian 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 eoes not equal the aevance pavment, the
    corresponcing outstaneing sum 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 Seychelles1 authorities, take on
    boara an observer cesignatee by the saic authorities in order to check
    catches maoe in Seychelles' waters.
- ^
 ---pagebreak---        Observers shall have all facilities necessary for the performance of these
      cuties, including access to places and documents.   An observer must not be
       present for longer than the time reguirec to fulfil his cuties.  Observers
      shall be provided with suitable food and accommodation while on boarc.
      Shoulo a tuna boat with a Seychellois ohserver on boare leave Seychelles'
      waters, every steo 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,
      curing its fishing campaign.   The employment contracts of the fishermen
      shall be drawn up in Victoria between the shipowner's representatives ane
      the fishermen in agreement with the Seychelles Fishing Authority.    This
      contract shall cover the social security arrangements applicable to the
      fishermen inducing life, accioent ane 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 securinq the
      need of the Seychellois tuna canninq incustry as provided uneer the
      agreement between Community shipowners ana the Government of Seychelles.
 Vv.:
      The amount paid under any aareement between the Community shipowners and the
      Government of Seychelles must be oaic in convertible currency.   The
      Drogramme of laneings shall be determined in common agreement between the
      Community shipowners ane the Seychelles Fishing Authority.   In case of
      laneings or transhipments, the shipowners will deliver to the Seychelles
      Fishing Authority fish they eo not retain on board.
      6. Radio communications
      While they are engagea 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.
^   >                                                                              y
 ---pagebreak---  7* Fishing zone
 To avoid any adverse effect on small-scale fisheries in Seychelles' waters
fishing by Community tuna vessels shall not be authorizee in the zones
cefinee in Annex III, nor within three miles aroune any fish-agqreqating
eevice placée by the Seychelles authorities, the geographical positions of
which have been communicatee to the shipowners representative or aqent.
8. Port equipment ane use of supplies ane services
Community vessels shall endeavour to procure in Seychelles all supplies and
services required for their operations.   The Seychelles' authorities will
lay eown, in agreement with the shipowners, the coneitions for using port
eguipment and, if necessary, supplies ana services.
9. Catch Statements
Community vessels shall be required to complete a fishinq loq book for each
fishinq perioe 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 eue by any Community vessel under this Agreement may
be pénalisée by suspension, revocation or non-renewal of the vessel's
fishinq licence.   Suspension or revocation of a fishing licence shall be
reqareee as force majeure for the purposes of point 1(b) of this Annex.
Before any licence is suspenaed or revokee, the Commission of the European
Communities will be fully informée of all the relevant facts.
 ---pagebreak---                                        AGREEMENT
      in the form of an exchange of letters concerninq the provisional
     application of the Piotocol eefining for the period from J8 January 1990 to
      17 January 1993, the fishing opportunities and the financial contribution
     provicec for by the   Aareement between the European Economic Community and
     the Republic of Seychelles on fishing off Seychelles.
     A.   Letter from the Republic of Seychelles
     Sir,
     With reference to the craft Piotocol, initiall.ee in Victoria on
     November 1989, establishing the fishing opportunities and the financial
     contribution for the perioc from 18 January 1990 to 17 January 1993, I have
     the honour to inform you that the Republic of Seychelles is reacy to apply
     this Protocol on a provisional basis, with effect from 18 January 1990,
     pencing its entry into force in accordance with Article 6 of the Protocol,
     provicec that the European Economic Community is prepared to eo the same.
     This is on the understanding that a first instalment equal to one third of
     the financial compensation spécifiée in Article 2 of the Piotocol is to be
     paid by 30 April 1990.
     I shouJe he obliqee if you would confirm the European Economic Community's
     aqreement to such provisional application.
     Please accept. Sir, the assuiance of my highest consideration.
                                              For the Republic of Seychelles
v-\>
 ---pagebreak---    B. Letter from the European Economic Community
   Sir,
   I am in receipt of your letter of today's date, which reaes as follows :
   "With reference to the draft Protocol, initialled in Victoria on
   November 1989 , establishing the fishing opportunities ane the financial
   contribution for the oerioe from 18 January 1990 to 17 January 1993,
   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
   1990, peneinq its entry into force in accoreance with Article 6 of the
   Protocol, creviced that the European Economic Community is prepared to do
   the same.
   This is on the une'erstandinq that a first instalment equal to one third of
   the financial compensation spécifiée in the Article 2 of the Piotocol is to
   be paid bv 30 April 1^90.
   I shoulc he obligee if you wuulo confirm the European Economic Community's
   agreement to such provisional application."
   I have the honour to confirm the European Economic Community's aqreement to
   this provisional application of the Protocol.
   Please accept, Sir, the assurance of my highest consideration.
                                                      For the European
                                                      Economic Communitv
L.
 v
                                                                               A
 ---pagebreak---  ---pagebreak--- COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
The object of this measure Is to obtain fishing possibilities for
Community   fishermen. It will     Involve undertakings  in   certain
obligations (e.g. the payment of licence fees) but these will be
clearly outweighed by the benefit of Increased employment which will
result.
                                                                      >
 ---pagebreak---                                                                       ISSN 0254-1475
                                                                COM(90) 88 final
                                                      DOCUMENTS
EN                                                                          04 i l
                                 Catalogue number : CB-CO-90-113-EN-C
                                                             ISBN 92-77-58405-X
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