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.

‘楩ishing 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:

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.

12.

Where force majeure is proven, at the request of the European Union, a vessel's fishing authorisation may be transferred, 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.

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:

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:

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.

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 Développement), the IEO (Instituto Espa帽ol de Oceanografia) and IPIMAR (Instituto de Investigaç茫o 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.

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.

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.

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:

2.

The words ‘極utside 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.

1.

For the purposes of this Annex, the duration of a trip by a European Union vessel shall be defined as follows:

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.

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:

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.

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:

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.

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 modification 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.

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 embarkation, 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.

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:

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:

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:

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.

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.

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:

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.

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.

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 circumstances 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.

4.1.

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.