Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles

PROTOCOL setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles Article 1 Period of application and fishing opportunities 1. For a period of six years from the date of the start of the provisional application, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement shall be as follows: (a) 40 tuna purse seine vessels, and (b) 6 surface longliners. 2. Paragraph 1 shall apply subject to Articles 5 and 6 of this Protocol. 3. Under Article 6 of the Fisheries Partnership Agreement, vessels flying the flag of a Member State of the European Union may engage in fishing activities in fishing areas within the Seychelles' Exclusive Economic Zone (EEZ) only if they are in possession of a fishing authorisation or licence issued under this Protocol in accordance with the Annex hereto. Article 2 Financial contribution - Methods of payment 1. For the period referred to in Article 1, the total financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 30 700 000 for the whole duration of this Protocol. 2. This total financial contribution shall comprise: (a) an annual amount for access to Seychelles' EEZ of EUR 2 750 000 for the first and second year of application of the Protocol and EUR 2 500 000 for the remaining years (three to six), equivalent to a reference tonnage of 50 000 tonnes per year, and (b) a specific amount of EUR 2 600 000 for the first and second year of application of the Protocol and EUR 2 500 000 for the remaining years (three to six) for the support and implementation of Seychelles' sectoral fisheries policy and maritime policy. 3. Paragraph 1 shall apply subject to Articles 3, 4, 5, and 6 of this Protocol. 4. The European Union shall pay the total amounts fixed in points (a) and (b) of paragraph 2 of this Article each year during the period of application of this Protocol. Payment shall be made no later than 90 days after the date of the start of the provisional application, and no later than the anniversary date of this Protocol for the following years. 5. (a) The Seychelles authorities shall monitor the devel­ opment of the fisheries by EU vessels to ensure appro­ priate management of the reference tonnage of 50,000 tonnes per year. In the course of this monitoring, the Seychelles shall notify the EU as soon as the total catches of EU vessels reported in the Seychelles fishing area reaches 80 % of the reference tonnage. On receipt of this notification, the EU shall immediately notify the Member States of this notifi­ cation. (b) Once the level of 80 % of the reference tonnage has been reached, the Seychelles shall monitor on a daily basis the level of catches from the EU fleet, and shall inform the EU immediately when the reference tonnage level is exceeded. The EU shall also immediately inform the Member States on receipt of the notification from the Seychelles. (c) From the date of notification, identified in point (b) above, by the Seychelles to the EU, to the end of the period of the annual fishing authorisations for the vessels, the Unit price paid for the additional catches shall be the total Unit rate for the year in question. Of this amount, the shipowners shall pay the amount equivalent to that foreseen under Section 2 of the Annex, relating to Fishing Authorisation conditions for the year concerned. (d) The EU shall pay the amount equivalent to the balance between the Unit price to be paid for that year, and the amount paid by the shipowners. However, the total annual amount paid by the European Union shall not be more than twice the amount indicated in Article 2(2)(a). Where the quantities caught by EU vessels exceed the quantities corresponding to twice the total amount of the annual payment from the EU, the amount due for the quantity exceeding that limit shall be paid in the following year. 6. Seychelles shall have full discretion regarding the use to which the financial contribution specified in Article 2 (2)(a) is put. 7. The financial contribution shall be paid into a single Seychelles' Public Treasury account opened with the Central Bank of Seychelles. The account number shall be provided by the Seychelles authorities. Article 3 Promoting responsible fishing and sustainable fisheries in Seychelles' waters 1. No later than 90 days after the date of the start of the provisional application, the European Union and Seychelles shall agree, within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, on a multi­ annual sectoral programme and detailed implementing rules covering, in particular: (a) annual and multiannual programmes for using the specific amount of the financial contribution referred to in Article 2(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; EN 9.1.2014 Official Journal of the European Union L 4/3 (c) criteria and procedures for evaluating the results obtained each year. 2. Any proposed amendments to the multiannual sectoral programme shall be approved by both Parties within the Joint Committee. 3. If either Party requests a special meeting of the Joint Committee, as provided by Article 9 of the Fisheries Partnership Agreement, a written request shall be sent by the Party requesting the special meeting of the Joint Committee at least 14 days before the date of the proposed meeting. 4. Each year, Seychelles may allocate, if necessary, an additional amount to the financial contribution referred to in Article 2(2)(b) with a view to implementing the multiannual programme. This allocation shall be notified to the European Union. Article 4 Scientific cooperation on responsible fishing 1. The two Parties hereby undertake to promote responsible fishing in Seychelles' waters based on the principle of non discrimination between the different fleets fishing in those waters. 2. During the period covered by this Protocol, the European Union and Seychelles shall endeavour to monitor the state of fishery resources in the Seychelles' EEZ. 3. The Parties shall also exchange relevant statistical, biological, conservation and environmental information as may be required for the purpose of managing and conserving the living resources. 4. Both Parties shall endeavour to respect the resolutions and recommendations of the Indian Ocean Tuna Commission (IOTC) regarding conservation and responsible management of fisheries. 5. Based on the recommendations and resolutions taken within the IOTC and the best available scientific advice and, where appropriate, the results of the joint scientific meeting provided for by Article 4 of the Fisheries Partnership Agreement, the two Parties may consult each other within the Joint Committee provided for in Article 9 of the Fisheries Part­ nership Agreement and, where necessary, agree on the measures to ensure sustainable management of Seychelles' fisheries resources. Article 5 Adjustment of fishing opportunities and revision of technical provisions by mutual agreement through the Joint Committee 1. As provided for in Article 9 of the Fisheries Partnership Agreement, the Joint Committee may reassess the fishing opportunities referred to in Article 1 and may adjust them by mutual agreement in the Joint Committee insofar as the recom­ mendations 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(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(2)(a). 3. The Joint Committee may also, as necessary, revise by mutual agreement technical provisions of this Protocol and the Annex thereto. Article 6 New fishing opportunities 1. In the event that European Union fishing vessels become interested in engaging in fisheries not provided for in Article 1 of the Fisheries Partnership Agreement, the Parties shall consult each other before any possible authorisation is granted for any such activities and, where appropriate, agree on the conditions for such fishing including effecting corresponding amendments to this Protocol and the Annex thereto. 2. The Parties should encourage experimental fishing, especially relating to under exploited deep water species, present in Seychelles' waters. To this end, and at the request of a 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(2)(a) of this Protocol shall consequently be increased. Ship-owners' fees and conditions as provided for in the Annex shall be amended accordingly. Article 7 Suspension and review of the payment of the financial contribution 1. Notwithstanding the provisions laid out in Article 8 of this Protocol, the financial contribution referred to in Article 2(2)(a) and (b) shall be reviewed or suspended after consultation between the two Parties provided that the European Union has paid in full any amounts due at the time of suspension: (a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in fishing areas within the Seychelles' EEZ; (b) following significant changes in the policy guidelines of either one of the Parties affecting the relevant provisions of this Protocol; (c) if the European Union ascertains a breach of essential and fundamental elements on human rights as laid out by Article 9 of the Cotonou Agreement and following the procedure set out in Articles 8 and 96 thereof. In this case, all fishing activities of EU vessels shall be suspended. EN L 4/4 Official Journal of the European Union 9.1.2014 2. The European Union reserves the right to suspend, totally or partially, the payment of the specific contribution provided for in Article 2(2)(b) where the results of the sectoral policy support obtained are found to be materially inconsistent with the budgeted programming following the evaluation carried out and consultations within the Joint Committee as provided by Article 3 of this Protocol. 3. Payment of the financial contribution and fishing activities may recommence once the situation has returned to the status prior to the occurrence of the above-mentioned circumstances and if the two Parties agree to do so following consultation. Article 8 Suspension of the implementation of the Protocol 1. The 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 Fisheries Partnership Agreement: (a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in fishing areas within the Seychelles' EEZ; (b) in case the European Union fails to make the payments provided for in Article 2(2)(a) for reasons not covered by Article 7 of this Protocol; (c) where a dispute arises between the Parties over the inter­ pretation 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(5) of the Fisheries Partnership Agreement. 2. Suspension of implementation of this Protocol shall require the Party concerned to notify its intention in writing at least three months before the date on which the suspension is due to take effect. 3. In the event of suspension of implementation, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, implementation of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which implementation of this Protocol was suspended. Article 9 Applicable law 1. The activities of European Union fishing vessels in Seychelles' EEZ are subject to the laws and regulations of Seychelles unless otherwise provided under this Protocol and its Annex. 2. Both Parties shall notify forthwith each other of any changes in their respective fisheries policy or legislation. Article 10 Confidentiality Both Parties shall ensure that only aggregated data related to fishing activities in the Seychelles' waters shall be made available to the public domain, in conformity with the provision of the appropriate IOTC resolution. Data which may be considered as otherwise confidential shall only be used exclusively for the implementation of the Fisheries Partnership Agreement and for the purposes of fisheries management, monitoring, control and surveillance with the relevant competent authorities. Article 11 Electronic exchanges of data 1. The Seychelles and the European Union will undertake to implement the necessary systems for the electronic exchange of all information and documents related to the implementation of the Fisheries Partnership Agreement and this Protocol. The elec­ tronic form of a document at any point will be considered equivalent to its paper version. 2. Both Parties will immediately notify the other Party of any disruption of a computer system impeding such exchanges. In these circumstances, the information and documents related to the implementation of the Fisheries Partnership Agreement and this Protocol shall be automatically replaced by their paper version in the manner defined in the Annex. Article 12 Mid-term Review The Parties agree that in order to evaluate the functioning and effectiveness of this Protocol, a mid-term review will be held three years following the date of the start of the provisional application of this Protocol. Article 13 Termination 1. In the event of termination of this Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least six months before the date on which such termination should take effect. 2. Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties. EN 9.1.2014 Official Journal of the European Union L 4/5 Article 14 Obligation on Expiry of Protocol or Termination 1. In the case of the expiry of the Protocol or its termination as provided by Article 12, EU vessel owners shall continue to be liable for any breach of the provisions of the Fisheries Partnership Agreement or this Protocol or any laws of the Seychelles which occurred before the expiry or termination of this Protocol, or for any licence fee or any outstanding dues not paid at the time of expiry or termination. 2. If necessary, the two Parties shall continue to monitor the implementation of the sectoral support provided under Article 2(2)(b) of this Protocol. Article 15 Provisional Application This Protocol shall be applied provisionally as from 18 January 2014. Article 16 Entry into force This Protocol shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. EN L 4/6 Official Journal of the European Union 9.1.2014 Съставено в Брюксел на осемнадесети декември две хиляди и тринадесета година. Hecho en Bruselas, el dieciocho de diciembre de dos mil trece. V Bruselu dne osmnáctého prosince dva tisíce třináct. Udfærdiget i Bruxelles den attende december to tusind og tretten. Geschehen zu Brüssel am achtzehnten Dezember zweitausenddreizehn. Kahe tuhande kolmeteistkümnenda aasta detsembrikuu kaheksateistkümnendal päeval Brüsselis. Έγινε στις Βρυξέλλες, στις δέκα οκτώ Δεκεμβρίου δύο χιλιάδες δεκατρία. Done at Brussels on the eighteenth day of December in the year two thousand and thirteen. Fait à Bruxelles, le dix-huit décembre deux mille treize. Sastavljeno u Bruxellesu osamnaestog prosinca dvije tisuće trinaeste. Fatto a Bruxelles, addì diciotto dicembre duemilatredici. Briselē, divi tūkstoši trīspadsmitā gada astoņpadsmitajā decembrī. Priimta du tūkstančiai tryliktų metų gruodžio aštuonioliktą dieną Briuselyje. Kelt Brüsszelben, a kétezer-tizenharmadik év december havának tizennyolcadik napján. Magħmul fi Brussell, fit-tmintax-il jum ta’ Diċembru tas-sena elfejn u tlettax. Gedaan te Brussel, de achttiende december tweeduizend dertien. Sporządzono w Brukseli dnia osiemnastego grudnia roku dwa tysiące trzynastego. Feito em Bruxelas, em dezoito de dezembro de dois mil e treze. Întocmit la Bruxelles la optsprezece decembrie două mii treisprezece. V Bruseli osemnásteho decembra dvetisíctrinásť. V Bruslju, dne osemnajstega decembra leta dva tisoč trinajst. Tehty Brysselissä kahdeksantenatoista päivänä joulukuuta vuonna kaksituhattakolmetoista. Som skedde i Bryssel den artonde december tjugohundratretton. EN 9.1.2014 Official Journal of the European Union L 4/7 За Европейския съюз Por la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή Ένωση For the European Union Pour l'Union européenne Za Europsku uniju Per l'Unione europea Eiropas Savienības vārdā – Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen За Република Сейшели Por la República de Seychelles Za Seychelskou republiku For Republikken Seychellerne Für die Republik Seychellen Seišelli Vabariigi nimel Για τη Δημοκρατία των Σεϋχελλών For the Republic of Seychelles Pour la République des Seychelles Za Republiku Sejšele Per la Repubblica delle Seychelles Seišelu Salu Republikas vārdā – Seišelių Respublikos vardu A Seychelle Köztársaság részéről Għar-Repubblika tas-Seychelles Voor de Republiek der Seychellen W imieniu Republiki Seszeli Pela República das Seicheles Pentru Republica Seychelles Za Seychelskú republiku Za Republiko Sejšeli Seychellien tasavallan puolesta För Republiken Seychellerna EN L 4/8 Official Journal of the European Union 9.1.2014 ANNEX CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN SEYCHELLES' WATERS CHAPTER I MANAGEMENT MEASURES S e c t i o n 1 Application and issue of fishing authorisations 1. Only eligible European Union vessels may obtain a fishing authorisation to fish in Seychelles' waters under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles. 2. ‘Fishing authorisation’ means a valid entitlement or license to engage in fishing activities in accordance with the terms of the said fishing authorisation provided under the Protocol. 3. For a European Union vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Seychelles. They must be in order with the laws of the Seychelles and they must have fulfilled all prior obligations arising from their fishing activities in Seychelles under fisheries agreements concluded with the European Union. Moreover, they shall comply with the Council Regulation (EC) No 1006/2008 regarding fishing authorisations. 4. All European Union vessels applying for a fishing authorisation shall be represented by an agent resident in Seychelles. The name and address of that agent shall be stated in the application. 5. The relevant European Union authorities shall submit to the competent authority of Seychelles as defined in Article 2 of the Fisheries Partnership Agreement a fishing authorisation application for each vessel wishing to fish under the Fisheries Partnership Agreement at least 20 days before the date of commencement of the period of validity. 6. Where a fishing authorisation application has not been submitted prior to the period of validity under point 5, the vessel-owner may do so through the EU during the period of validity, no later than 20 days before the start of the fishing activities. In such cases, vessel owners shall pay the advance fees due for the full validity period of the fishing authorisation. 7. Each application for a fishing authorisation shall be submitted to the competent authority of Seychelles on a form drawn up in accordance with the specimen in Appendix 1 and shall be accompanied by the following documents: (a) proof of payment of the advance fee for the period of validity of the fishing authorisation; (b) any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to the Protocol. 8. The fee shall be paid into the account provided by the Seychelles authorities. 9. Fees shall include all national and local charges except for port taxes and service charges. 10. Fishing authorisations for all vessels shall be issued to shipowners or their agents within 15 days of receipt of all the documents referred to in point 7 by the competent authority of Seychelles. A copy of these fishing authorisations shall be sent to the Delegation of the European Union responsible for the Seychelles. 11. A fishing authorisation shall be issued for a specific vessel and shall not be transferable except for force majeure, as outlined in point 12 below. EN 9.1.2014 Official Journal of the European Union L 4/9 12. Where force majeure is proven, at the request of the European Union, a vessel's fishing authorisation may be trans­ ferred, for the remaining period of its validity, to another eligible vessel with similar characteristics, with no further fee due. However, for longliners, if the gross registered tonnage (GRT) of the replacing vessel is higher, the difference in fee shall be paid pro rata temporis. 13. The owner of the first vessel, or his agent, shall return the cancelled fishing authorisation to the competent authority of Seychelles via the Delegation of the European Union responsible for the Seychelles. 14. The new fishing authorisation shall take effect on the day that the vessel's owner returns the cancelled fishing authorisation to the competent authority of Seychelles. The Delegation of the European Union responsible for the Seychelles shall be informed of the fishing authorisation transfer. 15. The fishing authorisation must be kept on board the vessel at all times, notwithstanding the provisions of Chapter VII (Control) point 1 of this Annex. S e c t i o n 2 Fishing authorisation conditions – fees and advance payments 1. A fishing authorisation is valid for one year, from the commencement date of the Protocol's provisional application, and is renewable subject to the fulfilment of the application conditions as laid out in Section 1 above. 2. The fees to be paid by shipowners shall be calculated on the basis of the following rate per tonne of fish caught: For the first year of application of the Protocol, EUR 55 per tonne; For the second year of application of the Protocol, EUR 60 per tonne; For the third year of application of the Protocol, EUR 65 per tonne; For the fourth and fifth years of application of the Protocol, EUR 70 per tonne; For the sixth year of application of the Protocol, EUR 75 per tonne; 3. The annual advance payment fee to be paid by the shipowners at the time of application for a fishing authorisation to be issued by the Seychelles authorities shall be as follows: (a) Tuna Purse Seine Vessels For the first year of application of the Protocol, the advance payment shall be EUR 38 500, which the equivalent of EUR 55 per tonne for 700 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the second year of application of the Protocol, the advance payment shall be EUR 42 000, which the equivalent of EUR 60 per tonne for 700 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the third year of application of the Protocol, the advance payment shall be EUR 45 500, which the equivalent of EUR 65 per tonne for 700 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the fourth and fifth year of application of the Protocol, the advance payment shall be EUR 49 000, which the equivalent of EUR 70 per tonne for 700 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the sixth year of application of the Protocol, the advance payment shall be EUR 52 500, which the equivalent of EUR 75 per tonne for 700 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. EN L 4/10 Official Journal of the European Union 9.1.2014 (b) Long-line vessels (above 250 GRT) For the first year of application of the Protocol, the advance payment shall be EUR 6 600, which the equivalent of EUR 55 per tonne for 120 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the second year of application of the Protocol, the advance payment shall be EUR 7 200, which the equivalent of EUR 60 per tonne for 120 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the third year of application of the Protocol, the advance payment shall be EUR 7 800, which the equivalent of EUR 65 per tonne for 120 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the fourth and fifth year of application of the Protocol, the advance payment shall be EUR 8 400, which the equivalent of EUR 70 per tonne for 120 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the sixth year of application of the Protocol, the advance payment shall be EUR 9 000, which the equivalent of EUR 75 per tonne for 120 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. (c) Long-line vessels (below250 GRT) For the first year of application of the Protocol, the advance payment shall be EUR 4 950, which the equivalent of EUR 55 per tonne for 90 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the second year of application of the Protocol, the advance payment shall be EUR 5 400, which the equivalent of EUR 60 per tonne for 90 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the third year of application of the Protocol, the advance payment shall be EUR 5 850, which the equivalent of EUR 65 per tonne for 90 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the fourth and fifth year of application of the Protocol, the advance payment shall be EUR 6 300, which the equivalent of EUR 70 per tonne for 90 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. For the sixth year of application of the Protocol, the advance payment shall be EUR 6 750, which the equivalent of EUR 75 per tonne for 90 tonnes of tuna and tuna like species caught within Seychelles' Fishing Areas. 4. In exceptional circumstances related to piracy which pose serious security threats to the vessels operating under the Fisheries Partnership Agreement forcing them to leave the Indian Ocean, the two Parties shall analyse the possibility of applying a pro rata temporis payment on a case by case basis upon individual requests by shipowners sent through the European Commission. 5. The Seychelles authorities shall draw up a statement of fees due in respect of the previous calendar year on the basis of catch declarations submitted by European Union vessels and other information in the possession of the Seychelles authorities. 6. The statement shall be sent to the Commission before 31 March of the current year. The Commission shall transmit it before 15 April simultaneously to shipowners and national authorities of the Member States concerned. EN 9.1.2014 Official Journal of the European Union L 4/11 7. Where the shipowners do not agree with the statement submitted by the Seychelles authorities, they may consult the scientific institutes competent for verifying catch statistics such as the IRD (Institut de Recherche pour le Développe­ ment), the IEO (Instituto Español de Oceanografia) and IPIMAR (Instituto de Investigação das Pescas e do Mar), and thereafter discuss together with the Seychelles competent authorities, who shall inform the Commission thereof, to establish the final statement before 31 May of the current year. In the absence of observations by the shipowners by that date, the statement submitted by the Seychelles authorities shall be considered as the final one. Where the final statement is less than the advance payment referred to in point 2, the balance shall not be recoverable by the shipowner. S e c t i o n 3 Supply vessels 1. Supply vessels supporting EU fishing vessels operating under this Protocol shall be subject to the same provisions, fees and conditions as applicable to other such vessels under the Seychelles' written laws. In the event of any change in the provisions, fees and conditions the Seychelles shall inform the European Commission of this change before it enters into effect. 2. Supply vessels flying the flag of a Member State of the European Union shall be subject to the same procedure governing transmission of fishing authorisation applications as described in Section 1 above, to the extent applicable to them. CHAPTER II FISHING AREAS 1. Fishing areas are defined as the Seychelles' EEZ with the exception of restricted or prohibited areas. The geographic co ordinates of the Seychelles' EEZ and restricted or prohibited areas are listed in Appendix 2. 2. To avoid any adverse effect on small-scale fisheries in Seychelles' waters, fishing by European Union vessels shall not be authorised in the zones defined as restricted or prohibited in Seychelles' legislation as defined in Appendix 2.2, the geographical positions of which shall be communicated to the shipowners' representatives or agents. CHAPTER III MONITORING S e c t i o n 1 Catch recording 1. All vessels authorised to fish in Seychelles' waters under the Fisheries Partnership Agreement shall be obliged to communicate their catches to the competent authority of Seychelles in the following manner, until such time as the electronic catch reporting system, referred to as ERS, is implemented by both Parties: 1.1 The European Union vessels licensed to fish in Seychelles' waters shall fill a statement of catch form as set out in Appendices 3 and 4 on a daily basis, for each trip they undertake in Seychelles' waters. In the absence of catches, the form shall still be filled in. The form shall be filled in legibly and signed by the master of the vessel or his representative. 1.2 While in Seychelles' waters, EU vessels shall report to the competent authority of the Seychelles, every three (3) days, the information required in the format provided for in Appendix 5. 1.3 As far as the submission of the statement of catch form referred to in points 1.1 and 1.3 is concerned, the European Union vessels shall: — in the case they call into Port Victoria, submit the completed form to the Seychelles authorities within five (5) days of arrival, or in any event before they leave port, whichever occurs first; — in any other case, send the completed form to the Seychelles authorities within fourteen (14) days of arrival in any port other than Victoria. 1.4 Copies of these statement of catch forms must simultaneously be sent to the scientific institutes referred to in Chapter I, Section 2, point 6, within the same time frame as provided in point 1.2 above. EN L 4/12 Official Journal of the European Union 9.1.2014 2. The words ‘Outside Seychelles' waters’ shall be entered in the abovementioned statement of catch form in respect of periods during which the vessel is not in Seychelles' EEZ. 3. The two Parties shall endeavour to implement from 1 June 2014 a system for the electronic exchange of catch and reporting data related to the fishing activities of the EU vessels in Seychelles' waters, as defined in the guidelines in Appendix 6. 4. Once the electronic catch reporting system is implemented and in case of technical problems or malfunction, declarations of catches shall be made pursuant to point 1 above. S e c t i o n 2 Catch communication: entering and leaving seychelles' waters 1. For the purposes of this Annex, the duration of a trip by a European Union vessel shall be defined as follows: — either the period elapsing between entering and leaving Seychelles' waters; — or the period elapsing between entering Seychelles' waters and a transhipment; — or the period elapsing between entering Seychelles' waters and a landing in Seychelles. 2. European Union vessels shall notify the Seychelles authorities at least six (6) hours in advance of their intention to enter or leave Seychelles' waters and every three days during their fishing activities in Seychelles' waters of their catches during this period. 3. When notifying entry/leaving, vessels shall also communicate their position at the time of communication and the volume and species in catches kept on board. These communications shall be made in the format set out in Appendix 5, by fax or e-mail, to the addresses provided therein. 4. The Seychelles authorities may exempt surface longliners not fitted with the appropriate communication equipment from the obligation to report in the format of Appendix 4 mentioned in the previous paragraph and replace it by a radio communication though the radio frequency mentioned in Appendix 7 point 3. 5. European Union fishing vessels found to be fishing without having informed the competent authorities of Seychelles shall be deemed as vessels without a fishing authorisation. The sanctions referred to in Chapter VIII, point 1.1 will be applicable in such cases. S e c t i o n 3 Landing 1. The designated port for landing activities in the Seychelles is Victoria, Mahé. 2. All vessels wishing to land catches in Seychelles' designated ports shall notify the following information to the competent authority of Seychelles at least 24 hours in advance: (a) the landing port; (b) the name and IRCS of the landing fishing vessel; (c) the date and time of landing; (d) the quantity in Kg, rounded to the nearest 100 Kg, by species to be landed; (e) the product form presentation. EN 9.1.2014 Official Journal of the European Union L 4/13 3. Landings shall be considered as an exit from Seychelles' waters as defined in Section 2.1. Vessels must therefore submit their Landing Declarations to the competent authorities of Seychelles, no later than twenty four (24) hours after completion of the landing, or in any event, before the donor vessel leaves port, whichever occurs first. 4. Tuna seiners shall endeavour to supply tuna to the Seychelles' cannery and/or the local industry at the international market price. 5. Tuna seiners landing in Port Victoria will endeavour to make their by-catches available locally at the local market price. S e c t i o n 4 Transhipment 1. All vessels wishing to tranship catches in Seychelles' waters shall do so only within Seychelles' ports. Transhipment at sea is forbidden and any person infringing this provision shall be liable to the penalties provided for by the Seychelles' law. 2. The shipowners or their agents must notify the following information to the competent authority of Seychelles at least 24 hours in advance: (a) the transhipment port or area where the operation will occur; (b) the name and IRCS of the donor fishing vessels; (c) the name and IRCS of the receiving fishing vessel and/or reefer; (d) the date and time of transhipment; (e) the quantity in Kg, rounded to the nearest 100 Kg, by species to be transhipped; (f) the product form presentation. 3. Transhipment shall be considered as an exit from Seychelles' waters as defined in Section 2.1. Vessels shall submit their catch declarations to the competent authorities of Seychelles, no later than twenty four (24) hours after completion of the transhipment, or in any event, before the donor vessel leaves port, whichever occurs first. S e c t i o n 5 Vessel monitoring system (VMS) With regards to the Vessel Monitoring System, all EU fishing vessels fishing, or intending to fish, in the fishing areas within the Seychelles' EEZ under this Agreement, shall comply with all the provisions defined in Appendix 8. CHAPTER IV EMBARKING SEAMEN 1. Each tuna seiner shall take on board during its trip in Seychelles' waters at least two qualified Seychelles seamen designated by the agent of the vessel, in agreement with the shipowner, from the names on a list submitted by the competent authority of Seychelles. The Guidelines for the Engaging of Seychelles Seamen on EU Vessels are provided in Appendix 9. 2. The competent authority shall provide the shipowners or their agents on the date of entry into force of the Protocol and annually thereafter, with a copy of the list of qualified seamen designated by the Seychelles. The competent authority shall immediately and no later than 48 hours after, notify the shipowners or their agents of any modi­ fication to this list. If the shipowner or agent is unable to engage qualified seamen, the vessel will be relieved from this obligation and the associated obligations foreseen under this Chapter, notably point 10 below. EN L 4/14 Official Journal of the European Union 9.1.2014 3. When possible, shipowners shall endeavour to take on board two trainees in place of the above obligation regarding two Seychelles seamen embarkment. The two qualified trainees could be designated by the agent of the vessel, in agreement with the shipowner, from the names on a list submitted by the competent authority of Seychelles. 4. Shipowners shall endeavour to take on board additional Seychelles seamen. 5. The shipowner or agent shall inform the competent authority of Seychelles of the names and particulars of the Seychelles seamen who may be embarked on board the vessel concerned, mentioning their position in the crew list. 6. The International Labour Organisation's Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by EU vessels. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation. 7. In the case where Seychelles seamen are embarked, employment contracts shall be drawn up between the shipowners' agent(s) and the seamen and/or their trade unions or representatives in consultation with the competent authorities of Seychelles. These contracts shall guarantee the seamen the social security cover applicable to them, including life insurance, sickness and accident insurance, the pension benefits, as well as the basic wage to be paid under the provisions of this Chapter. A copy of the contract shall be given to the signatories. 8. In the case where Seychelles seamen are embarked, their wages shall be paid by the shipowners. The basic wage conditions, i.e. minimum wage before the addition of bonuses, granted to Seychelles seamen shall be set on either the basis of that provided by Seychelles legislation or the minimum standard set by the ILO. The basic minimum wage shall not be lower than that applied to Seychelles crews performing similar duties and shall under no circumstances be below ILO standards. 9. For the purposes of the enforcement and application of the law of employment of Seychelles, the shipowner's agent shall be considered as the local representative of the shipowner. The contract concluded between the agent and the seamen shall include also the conditions for repatriation and the pension benefit applicable to them. 10. All seamen employed aboard European Union vessels shall report to the master of the vessel designated on the day before their proposed embarkation date. Where a seaman fails to report on the date and time agreed for embar­ kation, shipowners shall be automatically absolved of their obligation to take the seaman on board. 11. Where the number of Seychelles qualified seamen or trainees on board of tuna seiners does not reach the minimum level as provided in point 1 for reasons other than that referred to in point 10, each shipowner shall be obliged to pay a flat-rate amount equivalent to a figure based on the number of days that his fleet operated in Seychelles' waters, taking the entry of the first vessel and exit of the last one as a reference, multiplied by the amount per day which is fixed at EUR 20. The flat rate amount shall be paid to the Seychelles authorities at the latest within 90 days from the end of the validity period of the fishing authorisation. CHAPTER V OBSERVERS 1. Both Parties recognize the importance of respecting the obligations of the Indian Ocean Tuna Commission (IOTC) Resolution 11/04 with regards to the Scientific Observer Programme. 2. For compliance purposes, provisions for observers are as follows, except in case of space limitations due to security requirements: 2.1 Vessels authorised to fish in Seychelles' waters under the Fisheries Partnership Agreement shall take on board observers appointed by the Seychelles authorities on the terms set out below. 2.1.1 European Union fishing vessels shall, at the request of the Seychelles authorities, take on board one observer if possible, in the context of a regional observation programme. EN 9.1.2014 Official Journal of the European Union L 4/15 2.1.2 The Seychelles authorities shall draw up a list of vessels designated to take an observer on board and a list of appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up, and every three months thereafter where they have been updated. 2.1.3 The Seychelles authorities shall inform the shipowners concerned, or their agents, of the name of the observer appointed to be taken on board their vessel no later than 15 days before the observer's planned embarkation date. 3. The time spent on board by observers shall be fixed by the Seychelles authorities but, as a general rule, it should not exceed the time required to carry out their duties, unless the observer is appointed in the context of regional Observer Programmes where he/she may remain on board to undertake his/her duties in the context of the Programme. The Seychelles authorities shall inform the shipowners or their agents thereof when notifying them of the name of the observer appointed to be taken on board the vessel concerned. 4. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the Seychelles authorities after notification of the list of designated vessels. 5. Within two weeks and giving ten days' notice, the shipowners concerned shall make known at which port of Seychelles and on what dates they intend to take observers on board. 6. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a vessel with an observer (or two) from Seychelles on board leave Seychelles' waters, all measures must be taken to ensure the observer returns to Seychelles as soon as possible at the expense of the shipowner. 7. If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 8. Observers shall be treated as officers. They shall carry out the following tasks: 8.1 observe the fishing activities of the vessels; 8.2 verify the position of vessels engaged in fishing operations; 8.3 note the fishing gear used; 8.4 verify the catch data for Seychelles' waters recorded in the logbook; 8.5 verify the percentages of by-catches and estimate the quantity of discards; 8.6 report fishing data including the quantity of catches and by-catches on board taken in Seychelles' waters, once a week by fax or e-mail or other means of communication. 9. Masters of vessels shall do everything reasonably practicable to ensure the physical safety and welfare of observers while on board. 10. Similarly, as far as possible, they shall be offered every facility needed to carry out their duties. The master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers. 11. While on board, observers shall: 11.1 take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, 11.2 respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. 12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities of Seychelles, with a copy to the European Commission, which shall be signed by the observers. A copy of the report shall be handed to the master when the observers leave the vessel. EN L 4/16 Official Journal of the European Union 9.1.2014 13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel. 14. The salary and applicable taxes of the observers shall be borne by the competent authorities of Seychelles. CHAPTER VI PORT EQUIPMENT AND USE OF SUPPLIES AND SERVICES European Union vessels shall endeavour to procure in Seychelles all supplies and services required for their operations. The Seychelles authorities shall lay down, in agreement with the shipowners, the conditions for using port equipment and, if necessary, supplies and services. CHAPTER VII CONTROL Vessels shall comply with the written laws of Seychelles regarding fishing gears and the technical specifications thereof and all other technical measures applicable to their fishing activities, as well as with the conservation, management and other measures adopted by the IOTC. 1. Vessel list The European Union shall keep an up-to-date list of the vessels to which a fishing authorisation has been issued under this Protocol. This list shall be notified to the authorities of Seychelles responsible for fisheries inspection as soon as it is drawn up and each time it is updated. 2. Control procedures 2.1 Masters of European Union fishing vessels engaged in fishing activities in Seychelles' waters shall cooperate with any Seychelles authorised and duly identified officer carrying out inspection and control of fishing activities. 2.2 In order to facilitate safer inspection procedures, without prejudice to the provisions of the written laws of Seychelles, boarding should be conducted in such a way that the inspection platform and the inspectors can be identified as Seychelles authorised officers. 2.3 Seychelles shall make available to the European Union a list with all inspection platforms used for sea inspections in line with FAO UNFSA recommendations. This list should contain inter alia: — Fisheries Patrol Vessels (FPV) names; — FPV Vessel details; — FPV photo. 2.4 Seychelles may on the request of the European Union, or a body designated by it, allow EU inspectors to observe the activities of EU vessels, including transhipments, during onshore based controls. 2.5 Once an inspection has been completed and the inspection report signed by the inspector, the report shall be made available for signature, comments and remarks, if any, by the master. This signature shall not prejudice the rights of the Parties in the context of alleged infringement procedures. A copy of the inspection report shall be given to the master of the vessel before the inspection boarding party leaves the vessel. 2.6 These authorised officers shall not remain on board for longer than is necessary for the discharge of their duties. 3. Masters of European Union fishing vessels engaged in landing or transhipment operations in a port of Seychelles shall allow and facilitate the inspection of such operations by Seychelles authorised officers. 4. Where the provisions set out in this Chapter are not complied with, the Government of Seychelles reserves the right to suspend the fishing authorisation of the offending vessel until formalities have been completed and to apply the penalty laid down in existing Seychelles' legislation. The flag Member State and the European Commission shall be informed thereof. EN 9.1.2014 Official Journal of the European Union L 4/17 CHAPTER VIII ENFORCEMENT 1. Sanctions 1.1. Failure to observe any one of the provisions of the above chapters, the management and conservation of marine living resources measures, or the Seychelles' written laws, shall be subject to the penalties as laid down by the Seychelles' written laws. 1.2. The flag Member State and the European Commission shall be immediately and fully informed of any sanctions and of all relevant facts related thereto. 1.3. Where a sanction takes the form of suspension or revocation of a fishing authorisation, during the remaining period of the validity of a fishing authorisation which has been suspended or revoked, the European Commission may request another fishing authorisation which would have otherwise have been applicable, for a vessel from another ship-owner. 2. Arrest and detention of fishing vessels The Seychelles authorities shall inform immediately the Delegation of the European Union responsible for the Seychelles and the EU flag State, of the arrest and/or detention of any fishing vessel operating under the Fisheries Partnership Agreement and shall transmit a copy of the inspection report, detailing the circumstances and reasons of the arrest and/or detention within 48 hours. 3. Information exchange procedure in the event of arrest and/or detention 3.1. Whilst respecting the deadlines and procedures of legal proceedings as provided for by the written laws of Seychelles relating to arrest and/or detention, a consultation meeting shall be held, upon receipt of the above information, between the European Commission and the Seychelles competent authorities, possibly attended by a representative of the Member State concerned. 3.2. At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circum­ stances of the established facts. The ship-owner or its agent shall be informed of the outcome of the meeting and of any measures resulting from the arrest and/or detention. 4. Settlement of arrest and/or detention 4.1. An attempt shall be made to resolve the presumed infringement amicably. This procedure shall be completed no later than three working days after the arrest and/or detention, in conformity with the written laws of Seychelles. 4.2. In the event of an amicable settlement, the amount of the fine shall be determined in accordance with the written laws of Seychelles. If such an amicable settlement is not possible, the legal proceedings shall take their course. 4.3. The vessel shall be released and its master discharged once the obligations arising under the amicable settlement have been fulfilled and the legal proceedings have been completed. 5. The European Commission, via the Delegation of the European Union, shall be kept informed of any proceedings initiated and any penalties imposed. EN L 4/18 Official Journal of the European Union 9.1.2014 Appendices Appendix 1 – Fishing Authorisation Application form Appendix 2 – Geographical Coordinates (1) Seychelles' EEZ (2) Prohibited or Restricted Areas Appendix 3 – Fishing Logbook sheet – Tuna Seiners Appendix 4 – Fishing Logbook sheet – Longliners Appendix 5 – Communication Format Reports Appendix 6 – ERS Framework Guidelines Appendix 7 – Seychelles Contact Details (1) Seychelles Fishing Authority (2) Seychelles Licensing Authority (3) Seychelles FMC Appendix 8 – VMS Framework Appendix 9 – Guidelines for engaging Seychelles Seamen on EU Purse Seine vessels EN 9.1.2014 Official Journal of the European Union L 4/19 Appendix 1 SEYCHELLES LICENSING AUTHORITY Application for Foreign Fishing Authorisation EN L 4/20 Official Journal of the European Union 9.1.2014 EN 9.1.2014 Official Journal of the European Union L 4/21 Appendix 2 1. Geographical Coordinates Seychelles' EEZ Point Latitude Longitude 1 07° 46′ S 43° 15′ E 2 06° 04′ S 46° 41′ E 3 06° 19′ S 47° 49′ E 4 06° 30′ S 48° 40′ E 5 05° 41′ S 49° 57′ E 6 04° 32′ S 50° 04′ E 7 01° 38′ S 52° 36′ E 8 00° 29′ S 56° 03′ E 9 02° 39′ S 58° 48′ E 10 04° 01′ S 59° 15′ E 11 05° 34′ S 59° 09′ E 12 07° 10′ S 59° 30′ E 13 08° 27′ S 59° 22′ E 14 08° 33′ S 58° 23′ E 15 08° 45′ S 56° 25′ E 16 08° 56′ S 54° 30′ E 17 09° 39′ S 53° 53′ E 18 12° 17′ S 53° 49′ E 19 12° 47′ S 53° 14′ E 20 11° 31′ S 50° 29′ E 21 11° 05′ S 50° 42′ E 22 10° 17′ S 49° 26′ E 23 11° 01′ S 48° 30′ E 24 10° 47′ S 47° 33′ E 25 10° 37′ S 46° 56′ E 26 11° 12′ S 45° 47′ E 27 10° 55′ S 45° 31′ E 28 10° 27′ S 44° 51′ E 29 08° 05′ S 43° 10′ E 2. Geographical Coordinates Forbidden and Restricted Fishing Zones within Seychelles' EEZ (As defined in the Laws of Seychelles, Fisheries Act Chapter 82, revised edition 2010) EN L 4/22 Official Journal of the European Union 9.1.2014 Zone 1 - Mahe Island and Seychelles Bank Latitude Longitude Point '01. 5° 22.0′ S 57° 23.04′ E Point '02. 3° 40.0′ S 56° 06.9′ E Point '03. 3° 30.0′ S 55° 11.0′ E Point '04. 3° 55.0′ S 54° 23.0′ E Point '05. 4° 44.0′ S 56° 08.0′ E Point '06. 5° 38.0′ S 56° 08.0′ E Point '07. 6° 34.04′ S 56° 02.0′ E Point '08. 6° 34.0′ S 56° 23.0′ E, and back to Point one, point of commencement Zone 2 - Platte Island Latitude Longitude Point '01. 6° 06.3′ S 55° 35.6′ E Point '02. 5° 39.0′ S 55° 35.6′ E Point '03. 5° 39.0′ S 55° 10.0′ E Point '04. 5° 39.0′ S 55° 10.0′ E, and back to Point one, point of commencement Zone 3 - Coetivy Island Latitude Longitude Point '01. 7° 23.0′ S 56° 25.0′ E Point '02. 6° 53.0′ S 56° 35.0′ E Point '03. 6° 53.0′ S 56° 06.0′ E Point '04. 6° 06.3′ S 55° 10.0′ E, and back to Point one, point of commencement Zone 4 - Fortune Bank Latitude Longitude Point '01. 7° 35.0′ S 57° 13.0′ E Point '02. 7° 01.0′ S 56° 56.0′ E Point '03. 7° 01.0′ S 56° 45.0′ E Point '04. 7° 16.0′ S 56° 40.0′ E Point '05. 7° 35.0′ S 56° 49.0′ E, and back to Point one, point of commencement Zone 5 - Amirantes Islands Latitude Longitude Point '01. 5° 45.0′ S 53° 55.0′ E Point '02. 4° 41.0′ S 53° 35.6′ E Point '03. 4° 41.0′ S 53° 13.0′ E Point '04. 6° 09.0′ S 52° 36.0′ E Point '05. 6° 33.0′ S 53° 06.0′ E, and back to Point one, point of commencement EN 9.1.2014 Official Journal of the European Union L 4/23 Zone 6 - Alphonse Island Latitude Longitude Point '01. 7° 21.5′ S 52° 56.5′ E Point '02. 6° 48.0′ S 52° 56.5′ E Point '03. 6° 48.0′ S 52° 32.0′ E Point '04. 7° 21.5′ S 52° 32.0′ E, and back to Point one, point of commencement Zone 7 - Province, Farquhar and St Pierre and Wizard Reef Latitude Longitude Point '01. 10° 20.0′ S 51° 29.0′ E Point '02. 8° 39.0′ S 51° 12.0′ E Point '03. 9° 04.0′ S 50° 28.0′ E Point '04. 10° 30.0′ S 50° 46.0′ E, and back to Point one, point of commencement Zone 8 - Cosmoledo and Astove islands Latitude Longitude Point '01. 10° 18.0′ S 48° 02.0′ E Point '02. 9° 34.0′ S 47° 49.0′ E Point '03. 9° 23.0′ S 47° 34.0′ E Point '04. 9° 39.0′ S 47° 14.0′ E Point '05. 10° 18.0′ S 47° 36.0′ E, and back to Point one, point of commencement Zone 9 - Aldabra and Assomption Islands Latitude Longitude Point '01. 9° 54.0′ S 46° 44.0′ E Point '02. 9° 10.0′ S 46° 44.0′ E Point '03. 9° 10.0′ S 46° 01.0′ E Point '04. 9° 59.0′ S 46° 01.0′ E, and back to Point one, point of commencement EN L 4/24 Official Journal of the European Union 9.1.2014 Appendix 3 Statement of catch form for tuna seiners / Fiche de déclaration de captures pour thoniers senneurs DEPART / SALIDA / DEPARTURE ARRIVEE / LLEGADA / ARRIVAL NAVIRE / BARCO / VESSEL PATRON / PATRON / MASTER FEUILLE PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH HOJA / SHEET No DATE FECHA DATE POSITION (chaque calée ou midi) POSICIÓN (cada lance o mediadia) POSITION (each set or midday) CALEE LANCE SET CAPTURE ESTIMEE ESTIMACIÓN DE LA CAPTURA ESTIMATED CATCH ASSOCIATION ASSOCIACIÓN ASSOCIATION COMMENTAIRES OBSERVATIONES COMMENTS COURANT CORRIENTE CURRENT 1 ALBACO­ RE RABIL YELLOW­ FIN 2 LISTAO LISTADO SKIPJACK 3 PATUDO PATUDO BIGEYE AUTRE ESPECE préciser le/les nom(s) OTRA ESPECIE dar el/los nombre(s) OTHER SPECIES give name(s) REJETS préciser le/les nom(s) DESCARTES dar el/los nombre(s) DISCARDS give name(s) Route/Recherche, problèmes divers, type d'épave (naturelle/artificielle, balisée, bateau), prise accessoire, taille du banc, autres associ­ ations, … Ruta/Busca, problemas varios, tipo de objeto (natu­ ral/artificial, con baliza, barco), captura accesoria, talla del banco, otras asocia­ ciones, … Steaming/Searching, miscel­ laneous problems, log type (natural/artificial, with radio beacon, vessel), by catch, school size, other associ­ ations, … Taille Talla Size Capt­ ure Capt­ ura Catch Taille Talla Size Capt­ ure Capt­ ura Catch Taille Talla Size Capt­ ure Capt­ ura Catch Nom Nom­ bre Name Taille Talla Size Capt­ ure Capt­ ura Catch Nom Nom­ bre Name Taille Talla Size Capt­ ure Capt­ ura Catch Une calée par ligne / Uno lance cada línea / One set by line EN 9.1.2014 O fficial Journal of the European U nion L 4/25 DATE FECHA DATE POSITION (chaque calée ou midi) POSICIÓN (cada lance o mediadia) POSITION (each set or midday) CALEE LANCE SET CAPTURE ESTIMEE ESTIMACIÓN DE LA CAPTURA ESTIMATED CATCH ASSOCIATION ASSOCIACIÓN ASSOCIATION COMMENTAIRES OBSERVATIONES COMMENTS COURANT CORRIENTE CURRENT SIGNATURE DATE EN L 4/26 O fficial Journal of the European U nion 9.1.2014 EN 9.1.2014 Official Journal of the European Union L 4/27 A pp en di x 4 Appendix 5 Communication Format Reports Entry Report (COE) ( 1 ) Content Transmission Destination SFA Action code COE Vessel Name IRCS Position of entry LT/LG Date and Time (UTC) of entry DD/MM/YYYY – HH:MM Quantity (Mt) of fish on board per specie: Yellowfin (YFT) (Mt) Bigeye Tuna (BET) (Mt) Skipjack (SKJ) (Mt) Others (Specify) (Mt) Exit Report (COX) ( 2 ) Content Transmission Destination SFA Action code COX Vessel Name IRCS Position of entry LT/LG Date and Time (UTC) of exit DD/MM/YYYY – HH:MM Quantity (Mt) of fish on board per specie: Yellowfin (YFT) (Mt) Bigeye Tuna (BET) (Mt) Skipjack (SKJ) (Mt) Others (Specify) (Mt) Catch Report (CAT) Format once inside Fishing Zones within Seychelles' EEZ ( 3 ) Content Transmission Destination SFA Action code CAT EN L 4/28 Official Journal of the European Union 9.1.2014 Content Transmission Vessel Name IRCS Date and Time (UTC) of report DD/MM/YYYY – HH:MM Quantity (Mt) of fish on board per specie: Yellowfin (YFT) (Mt) Bigeye Tuna (BET) (Mt) Skipjack (SKJ) (Mt) Others (Specify) (Mt) Number of sets made since last report ( 1 ) Sent six (6) Hours before entering Fishing Zones within Seychelles' EEZ. ( 2 ) Sent six (6) Hours before entering Fishing Zones within Seychelles' EEZ. ( 3 ) Every three (3) days after entering Fishing Zones within Seychelles' EEZ. All reports shall be transmitted to the competent authority through the following contacts: E-mail: fmcsc@sfa.sc Fax: +248 4225 957 Mail address: Seychelles Fishing Authority, P.O. Box 449, Fishing Port, Mahé, Seychelles EN 9.1.2014 Official Journal of the European Union L 4/29 mailto:fmcsc@sfa.sc Appendix 6 Framework guidelines for the implementation and management of an electronic system to record and report fishing activities data (ERS) General Provisions 1. All EU fishing vessels must be equipped with an electronic system (hereinafter referred to as ‘ERS system’) capable of recording and transmitting data relating to the fishing activity of the vessel (hereinafter referred to as ‘ERS data’) whenever the vessel is operating in the waters of Seychelles. 2. An EU vessel that is not equipped with an ERS system, or if the ERS system installed on board is not functional, is not allowed to enter the waters of Seychelles to conduct fishing activities. 3. The ERS data is transmitted in accordance with the present guidelines to the Fisheries Monitoring Centre (hereinafter referred to as ‘FMC’) of the flag State, which ensures the automatic provision to the Seychelles FMC. 4. The flag State and Seychelles ensure that their FMC are equipped with the hardware and software required for the automatic transmission of ERS data in XML format available on [http://ec.europa.eu/cfp/control/codes/index en.htm], and have backup procedures capable of recording and storing ERS data in a computer readable form for a period of at least 3 years. 5. Any modification or update of the format referred to in point 3 shall be identified and dated, and shall be oper­ ational six months after its implementation. 6. The ERS data transmission must use electronic means of communication managed by the European Commission on behalf of the EU, identified as DEH (Data Exchange Highway). 7. The flag State and Seychelles shall both designate single points of contact for ERS: (a) The corresponding ERS single points of contact are appointed for a minimum period of six months; (b) The FMC of the flag State and Seychelles shall communicate to each other, before 1 April 2014, the contact details (name, address, telephone, telex, e-mail) of their corresponding ERS single point of contact; (c) Any changes to the contact details mentioned above must be communicated without delay. Reporting and transmission of ERS data 8. The EU fishing vessels shall: (a) Transmit daily the ERS data for each day spent in the waters of Seychelles; (b) Register for each haul the quantities of each species caught and retained on board as a target species or by-catch, and/or rejected; (c) For each species identified in the fishing authorisation issued by Seychelles, zero catches must also be reported; (d) Each species must be identified by its FAO 3 alpha code; (e) Quantities are expressed in kilograms of live weight and, if required, number of individuals; (f) Record in the ERS data, for each species identified in the fishing authorisation issued by Seychelles, the quantities which are transhipped and/or landed; (g) Record in the ERS data at each entry (COE message) and exit (COX message) of the waters of Seychelles, a specific message containing, for each species identified in the fishing authorization issued by Seychelles, the quantities that are held on board at the time of the entry or exit; (h) Transmit daily the ERS data to the FMC of the flag state, in the format referred to in point 3 above, no later than 23:59H UTC. 9. The captain is responsible for the accuracy of the ERS data recorded and transmitted. 10. The FMC of the flag state will automatically and without delay forward the ERS data to the FMC of Seychelles. EN L 4/30 Official Journal of the European Union 9.1.2014 http://ec.europa.eu/cfp/control/codes/index en.htm 11. The FMC of Seychelles shall confirm receipt of the ERS data with a return message and treat all ERS data as confidential. Failure of the ERS system aboard the ship, and/or for the transmission of ERS data between the vessel and the FMC of the flag State 12. The flag State shall promptly inform the master and/or owner of a vessel flying its flag, or its representative, of any technical malfunction of the ERS equipment installed on board the vessel, or of non-transmission of ERS data between the vessel and the flag State FMC. 13. The flag State shall notify Seychelles of the fault and of the corrective actions taken. 14. In the case of failure of the ERS system on board of the vessel, the captain and/or owner shall repair or replace the defective equipment within 10 days. If the vessel makes a port call within these 10 days, it shall only resume its fishing activities in the waters of Seychelles when the ERS system is fully functioning, unless otherwise authorized by the Seychelles. 15. A fishing vessel may not leave the port with a defective ERS system unless: (a) the system is fully functional again, to the satisfaction of the flag State and of the Seychelles, or; (b) if the vessel has no intention to resume its fishing activities in the waters of Seychelles, the vessel receives the authorization of the flag State. In this case, the flag State shall inform the Seychelles of its decision before the ship leaves the port. 16. Any EU vessel operating in the waters of Seychelles with a faulty ERS system shall provide daily, and no later than 23:59H UTC, all ERS data to the FMC of the flag state by any other electronic means of communication available and accessible to the Seychelles until such time as the ERS system is repaired in the deadline referred to in point 14. 17. The ERS data that cannot be made available to Seychelles though the ERS system due to a failure referred to in point 12, shall be transmitted by the FMC of the flag State to Seychelles FMC in a mutually agreed alternative electronic format. This alternative transmission is considered as a priority, given that transmission delays normally applicable may not be respected. 18. If the FMC of Seychelles does not receive the ERS data from a vessel for 3 consecutive days, Seychelles may instruct the vessel to proceed immediately to a port designated by Seychelles for investigation. Failure of the FMC - Non-receipt of the ERS data by the FMC of Seychelles 19. When one of the FMC does not receive the ERS data, its ERS single contact shall promptly inform the ERS single contact of the other FMC and, if necessary, collaborate to solve the problem. 20. The FMC of the flag State and the FMC of Seychelles shall mutually agree before 1 June 2014 on the alternative electronic means of communication to be used for the transmission of the ERS data in case of failure of an FMC, and inform each other without delay of any change. 21. Whenever the FMC of Seychelles reports that have not been received ERS data, the FMC of the flag State shall identify the causes of the problem and take appropriate measures to ensure that the problem is solved. The FMC of the flag State shall notify the FMC of Seychelles and the EU of the results and measures taken within 24 hours of acknowl­ edgment of the failure. 22. If the resolution of the problem requires more than 24 hours, the FMC of the flag State shall forward the missing ERS data to the FMC of Seychelles using the alternative means of communication referred to in point 17. 23. Seychelles shall inform its competent Monitoring Control and Surveillance (MCS) services so that EU vessels are not subject to any infringement procedure for non-receipt of the ERS data by the Seychelles FMC due to the failure of the FMC. Maintenance of an FMC 24. The scheduled maintenance of an FMC (maintenance programme) that is likely to affect the exchange of ERS data must be notified to the other FMC at least 72 hours in advance, indicating if possible the date and the duration of the maintenance. Unscheduled maintenance shall be communicated as soon as possible to the other FMC. EN 9.1.2014 Official Journal of the European Union L 4/31 25. During the maintenance, the provision of ERS data can be queued until the system is operational again. Relevant ERS data are then made available immediately after maintenance has been completed. 26. If maintenance lasts more than 24 hours, the ERS data will be transmitted to the other FMC using the electronic alternative means referred to in point 17. 27. Seychelles shall inform its competent MCS services so that EU vessels are not subject to any infringement procedure for non-transmission of the ERS data due to maintenance of the FMC. Appendix 7 Seychelles Contact Coordinates 1. Seychelles Fishing Authority Address: E-mail: Telephone: Fax: 2. Seychelles Licensing Authority Address: E-mail: Telephone: Fax: 3. Seychelles Fishing Monitoring Centre (FMC) Address: E-mail: Telephone: Fax: Focal point Name: E-mail: Mobile Phone: EN L 4/32 Official Journal of the European Union 9.1.2014 Appendix 8 Vessel Monitoring System (VMS) General Principles 1. With regard to the Vessel Monitoring System mentioned in the Chapter 3 Section 5 of the Annex to the Protocol, all fishing vessels fishing, or intending to fish, in the fishing waters of Seychelles, shall comply with all the following provisions. 2. An EU vessel that is not equipped with a VMS Vessel Locator Device (VLD), or if the VLD installed on board is not functional, is not allowed to enter the waters of Seychelles to conduct fishing activities. 3. Vessel positions and movements shall be monitored, inter alia, by a VMS, without discrimination, in accordance with the provisions set out below. 4. For the purposes of VMS, the Seychelles authorities shall communicate to the Fisheries Monitoring Centres (FMCs) of the flag States the geographical coordinates (latitudes and longitudes) of the Seychelles' fishing waters. 5. The Seychelles authorities will transmit this information in electronic format, expressed in degrees decimal in the WGS-84 datum to the European Union. The coordinates are those indicated in Appendix 2.1 to this Annex. 6. The Seychelles authorities and the national FMCs will exchange information on their respective contact coordinates, namely electronic addresses in https format or where appropriate other secure communication protocol and the specifications to be used in their respective FMCs as well as any alternative means of communication to be used in case of failure. All this information will be included in the Appendix 7 point 2 to this Annex. 7. All vessels holding a fishing authorisation must be equipped with a fully operationalVLD installed on board, to enable automatic and continuous communication of their geographical coordinates, to the FMC of their flag state. The frequency of transmission shall be on an hourly basis. 8. It is agreed that, at the request of either Party, there will be an exchange of information on the VMS equipment used, in order to ensure that the said equipment is fully compatible with the requirements of the other Party for the purposes of these provisions. 9. The Parties agree to review these provisions as and when appropriate, including the relevant analysis of cases of malfunctioning or anomalies related to individual vessels. All such cases will have to be notified by the Seychelles authorities to the EU flag Member States and to the European Commission at least 15 days before the review which shall occurs in the framework of the Joint Committee (JC). 10. Any dispute concerning the interpretation or the application of these provisions shall be subject to consultation between the Parties within the framework of the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement. Integrity of the VMS 1. The vessel master is prohibited, or anyone authorised by him to switch off, obstruct its VLD, or interferes in any form with the data transmitted to the Flag State FMC, when operating in Seychelles' waters. 2. The master shall be responsible for the accuracy of the VMS data recorded and transmitted. 3. In particular, the master shall ensure that: (a) data are not altered in any way; (b) the antenna or the antennas connected to the satellite tracking devices are not obstructed in any way; (c) the power supply of the satellite tracking devices is not interrupted in any way; (d) the vessel locating device is not removed from the vessel or the place where it was first installed; (e) any replacement of a vessel tracking device is immediately notified to the Seychelles competent authority. (f) any breach of the above-mentioned obligations may render the master liable for sanctions as provided under the written laws of Seychelles. EN 9.1.2014 Official Journal of the European Union L 4/33 4. The VMS hardware and software components shall be, as far as possible, tamper proof i.e. shall not permit the input or output of false positions and must not be capable of being manually over-ridden. 5. The system shall be fully automatic and operational at all times regardless of environmental conditions. It shall be prohibited to destroy, damage, render inoperative or otherwise interfere with the satellite tracking device. 6. The position of the vessels will be determined with a margin of error of less than 100 metres and with a confidence interval of 99 %. VMS data transmission 1. When a vessel fishing under the EU/Seychelles Fisheries Partnership Agreement enters into the Seychelles' fishing waters, subsequent position reports shall be automatically communicated by the FMC of the flag State to the FMC of Seychelles, in real time, on a frequency set on point 7 above. 2. The VMS messages reported shall be identified by using the following 3 letter codes: (a) ‘ENT’, first VMS data report transmitted by each vessel upon entering the Seychelles fishing waters; (b) ‘POS’, every VMS data report transmitted by each vessel while within the Seychelles fishing waters; (c) ‘EXI’, first VMS data report transmitted by each vessel after exiting the Seychelles fishing waters; 3. The frequency of transmission can be changed up to a 30 minutes basis, when strong evidence is provided demon­ strating that the vessel is perpetrating an infringement. (a) This evidence shall be submitted by the Seychelles' FMC to the FMC of the flag State and to the European Commission, along with the request to alter frequency. The FMC shall send the data to the FMC of Seychelles automatically and in real time, immediately after receiving the request. (b) The FMC of Seychelles shall notify immediately the FMC of the flag State and the European Commission of the end of the monitoring procedure. (c) The FMC of the flag State and the European Commission shall be informed of the follow up of any inspection procedure based on the special request under point 9 above. 4. The messages referred to in point 7 shall be transmitted electronically in https format, or other secure communication protocols, subject to prior agreement between the relevant FMCs. Malfunction of the VMS equipment on board of the vessel 1. In the event of a technical problem or malfunction of the satellite monitoring device installed on board the fishing vessel, the master of that vessel shall communicate the information specified in point 7 by any of the communications form agreed in the point 6 of the General Principles above, to the FMC of the flag State concerned, starting from the time the failure or malfunction was informed by the Seychelles competent authority. 2. At least one global position report every four hours shall be transmitted while the vessel stays in Seychelles' waters. This global position report will include the hourly positions as registered by the master of that vessel during those four hours. 3. The FMC of the flag State or the vessel itself shall forward these messages to the Seychelles' FMC without delay. In case of necessity or doubts, the Seychelles competent authority could ask from a given vessel a transmission of position report every hour. 4. Defective equipment shall be repaired or replaced as soon as the vessel concludes its fishing trip. Any new fishing trip shall not begin until the equipment has been repaired or replaced and duly authorised by the Flag State, which will notify the Seychelles authorities of its decision. FMC failure - Non-receipt of VMS data by the Seychelles FMC 1. When one of the FMCs does not receive VMS data, this FMC shall promptly inform the other FMC contact of the other FMC and, if necessary, work together to solve the problem. EN L 4/34 Official Journal of the European Union 9.1.2014 2. The FMC of the flag State and the FMC of Seychelles will mutually agree before 18 January 2014 alternative electronic means of communication to be used for the transmission of VMS data in case of failure of FMC, and inform without delay of any changes to these means. 3. Whenever the FMC of Seychelles reports that the VMS data have not been received, the FMC of the flag State shall identify the causes of the problem and take appropriate measures to ensure that the problem is solved. The FMC of the flag State shall notify the FMC of Seychelles of the results and measures taken within 24 hours from the acknowl­ edgment of the failure. 4. If the resolution of the problem requires more than 24 hours, the FMC of the flag State shall forward the missing VMS data to the FMC of Seychelles using the alternative means of communication referred to in point 6 of the General Principles above. 5. Seychelles shall inform its competent Monitoring Control and Surveillance (MCS) services so that EU vessels are not subject to any infringement procedure for non-receipt of VMS data by the Seychelles FMC due to the failure of the FMCs systems. Maintenance of an FMC 1. The scheduled maintenance of an FMC (maintenance programme) that is likely to affect the exchange of VMS data, must be notified to the other FMC at least 72 hours in advance, indicating if possible, the date and the duration of the maintenance. Unscheduled maintenance shall be communicated as soon as possible to the other FMC. 2. During the maintenance, the provision of VMS data can be queued until the system is operational again. Relevant VMS data are then made available immediately after maintenance has been completed. 3. If maintenance lasts more than 24 hours, the VMS data will be transmitted to the other FMC using the electronic alternative means referred to in point 6 of the General Principles above. 4. Seychelles authorities shall inform its competent MCS services so that EU vessels are not subject to any infringement procedure for non-transmission of VMS data due to maintenance of the FMC. EN 9.1.2014 Official Journal of the European Union L 4/35 Appendix COMMUNICATION OF VMS MESSAGES TO SEYCHELLES POSITION REPORT (POS) A. Content of position report and definition of the data elements Piece of data Code Mandatory/ Optional Comments Start record SR M System detail; indicates start of record Address AD M Message detail; destination Party Alfa-3 ISO country code From FR M Message detail; the transmitting Party Alfa-3 ISO country code Type of message TM M Message detail; message type, ‘POS’ Radio call sign RC M Vessel detail; international radio call sign of the vessel Internal Reference Number IR O Vessel detail; Unique Party vessel number as Alfa-3 ISO flag country code followed by number External Registration Number(1) XR O Vessel detail; the side number of the vessel Latitude LA M Position detail; position of the vessel in degrees and minutes N/SDDMM (WGS-84) Longitude LO M Position detail; position of the vessel in degrees and minutes E/W DDDMM (Wgs-84) Speed SP M Position detail; vessel speed in tenths of knots Course CO M Position detail; vessel course in 360° scale Date DA M Position detail; UTC date of position (YYYYMMDD) Time TI M Position detail; UTC time of position (HHMM) End of record ER M System detail; indicates end of record (1) Mandatory for European Union fishing vessels. (2) The plus sign (+) does not need to be transmitted, leading zeros can be omitted. B. Structure of the position report Each data transmission is structured as follows: — double slash (//) and the characters ‘SR’ indicate the start of a message, — a double slash (//) and field code indicate the start of a data element, — a single slash (/) separates the field code and the data, — pairs of data are separated by space, — the characters ‘ER’ and a double slash (//) indicate the end of a record. EN L 4/36 Official Journal of the European Union 9.1.2014 Appendix 9 Guidelines for the engaging of Seychelles Seamen on EU Purse Seine vessels The Seychelles authorities shall ensure that personnel engaged to be employed on EU vessels shall meet the following requirements: — The minimum age of the seamen shall be 18; — Seamen shall be have a valid medical certificate, confirming that they are medically fit to perform their duties they are to carry out at sea. This certificate shall be issued by a duly qualified medical practitioner; — Seamen shall have the valid vaccinations required for precautionary health purposes in the region; — Seamen shall possess, as a minimum, valid certification for the following basic safety training, — personal survival techniques, including the donning of lifejackets — fire fighting and fire prevention — elementary first aid — personal safety and social responsibility; and — prevention of marine pollution. — With particular regard to large fishing vessels, seamen should: — be familiar with the marine terms and order commonly used on fishing vessels; — be familiar with the dangers associated with fishing operations; — have an understanding of the operating conditions of fishing vessels and the dangers that they may pose; — be familiar and have knowledge in the use of the fishing equipment to be used in the execution of the purse seine fishery; — have a general understanding and knowledge of the stability and associated seaworthiness of a vessel; and — have general knowledge of mooring operations and the handling of mooring ropes and their associated uses. EN 9.1.2014 Official Journal of the European Union L 4/37