2010/814/EU: Council Decision of 20 December 2010 on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles

The signing of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles (hereinafter ‘the Protocol’) is hereby approved on behalf of the Union, subject to its conclusion. The text of the Protocol is attached to this Decision.

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

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

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

1 For a period of three (3) years, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement shall be as follows: a) 48 ocean-going tuna seiners, and b) 12 surface longliners.

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

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

1 For the period referred to in Article 1, the total financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 16800000 for the whole duration of this Protocol.

2 This total financial contribution shall comprise: a) an annual amount for access to Seychelles’ EEZ of EUR 3380000 equivalent to a reference tonnage of 52000 tonnes per year, and b) a specific amount of EUR 2220000 per year for the support and implementation of Seychelles’ sectoral fisheries policy and maritime policy.

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

4 The European Union shall pay the total amount fixed in paragraph 2 (a) and 2 (b) of this Article (i.e. respectively EUR 3380000 and EUR 2220000) each year during the period of application of this Protocol. Payment shall be made no later than 30 days after this Protocol’s entry into force for the first year, and no later than the anniversary date of this Protocol for the following years.

5 If the overall quantity of catches of tuna by European Union vessels in Seychelles’ EEZ exceeds 52000 tonnes per year, the amount of the annual financial contribution for access rights shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the European Union shall not be more than twice the amount indicated in paragraph 2 a. (EUR 6760000). Where the quantities caught by European Union vessels in the Seychelles’ EEZ exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year in line with the provisions of the Annex.

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

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

1 As soon as this Protocol enters into force and no later than 3 months after that date, the European Union and Seychelles shall agree, within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular: a) annual and multiannual guidelines for using the specific amount of the financial contribution referred to in Article 2 paragraph 2 (b); b) the objectives, both annual and multiannual, to be achieved with a view to introducing, over time, responsible fishing and sustainable fisheries, taking account of the priorities expressed by Seychelles in its national fisheries and maritime policy, and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries, including marine protected areas; c) criteria and procedures for evaluating the results obtained each year.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1 Notwithstanding the provisions laid out in Article 9 of this Protocol, the financial contribution referred to in Article 2 paragraph 2 (a) and (b) shall be reviewed or suspended after consultation between the two Parties provided that the European Union has paid in full any amounts due at the time of suspension: a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in Seychelles’ EEZ; b) following significant changes in the policy guidelines of either one of the Parties affecting the relevant provisions of this Protocol; c) if the European Union ascertains a breach of essential and fundamental elements on human rights as laid out by Article 9 of the Cotonou Agreement and following the procedure set out in Articles 8 and 96 thereof. In this case, all fishing activities of the EU vessels shall be suspended.

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

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

1 Implementation of this Protocol shall be suspended at the initiative of either one of the Parties subject to consultations between and agreement of the Parties within the Joint Committee provided for in Article 9 of the Agreement: a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in Seychelles’ EEZ; b) in case the European Union fails to make the payments provided for in Article 2, paragraph 2(a) for reasons not covered by Article 8 of this Protocol; c) where a dispute arises between the Parties over the interpretation and implementation of this Protocol and its Annex which cannot be settled; d) if either one of the Parties does not respect the provisions laid out by this Protocol and its Annex; e) following significant changes in the policy guidelines of either one of the Parties affecting the relevant provisions of this Protocol; f) if either one of the Parties ascertains a breach of essential and fundamental elements on human rights as laid out by Article 9 of the Cotonou Agreement, and following the procedure set out in Articles 8 and 96 thereof. g) in case of non compliance with the International Labour Organisation Declaration on Fundamental Principles and Rights at Work as provided in Article 3, paragraph 5 of the Fisheries Partnership Agreement.

2 Suspension of implementation of this Protocol shall require the Party concerned to notify its intention in writing at least 3 months before the date on which the suspension is due to take effect.

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

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

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

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

1 In the event of termination of this Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least 6 months before the date on which such termination should take effect.

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

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

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