title: 2005/937/EC: Council Decision of  8 December 2005  on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out, for the period from  18 January 2005  to  17 January 2011 , the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles

text:
               30.12.2005

               EN

               Official Journal of the European Union

               L 348/1

         COUNCIL DECISION
   of 8 December 2005
   on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles
   (2005/937/CE)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300 (2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Community and Seychelles held negotiations to determine the amendments or additions to be made to the Protocol attached to the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles (1) at the end of the period of application of the Protocol in force.

               (2)

               As a result of these negotiations, a new Protocol was initialled on 23 September 2004.

               (3)

               In accordance with this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Republic of Seychelles for the period 18 January 2005 to 17 January 2011.

               (4)

               In order to guarantee the continuation of fishing activities by Community vessels, it is essential that the Protocol in question be approved as quickly as possible; both Parties have therefore initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from 18 January 2005; the Agreement in the form of an Exchange of Letters should be signed, subject to its definitive conclusion by the Council.

               (5)

               The scale for allocating the fishing opportunities among Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters and the text of the Protocol are attached to this Decision.
   Article 2
   The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:

                           —

                           Tuna seiners:

               Spain:
               France:
               Italy:

               22 vessels,
               17 vessels,
               1 vessel,

                           —

                           Surface long-liners:

               Spain:
               France:
               Portugal:

               2 vessels,
               5 vessels,
               5 vessels.

         If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.
   Article 3
   The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

      Done at Brussels, 8 December 2005.

            For the Council

            The President

         J. HUTTON

      (1)  OJ L 119, 7.5.1987, p. 26.
   ANNEX
   CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN SEYCHELLES WATERS
   CHAPTER I
   APPLICATION FOR AND ISSUE OF LICENCES
   SECTION 1

      Issue of licences

               1.

               Only eligible Community vessels may obtain a licence to fish in Seychelles waters under the Protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles.

               2.

               For a Community 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 authorities of the Seychelles insofar as they must have fulfilled all prior obligations arising from their fishing activities in Seychelles under fisheries agreements concluded with the Community.

               3.

               All Community vessels applying for a fishing licence shall be represented by an agent resident in Seychelles. The name and address of that agent shall be stated in the licence application.

               4.

               The relevant Community authorities shall present to the SFA (Seychelles Fishing Authority) an application for each vessel wishing to fish under the Agreement at least 20 days before the date of commencement of the period of validity requested. However, vessel owners who have not submitted a licence application prior to the period of validity may do so, 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 entire fees due for the full year.

               5.

               Applications shall be submitted to the competent authority of Seychelles on a form drawn up in accordance with the specimen in Appendix 1.

               6.

               All licence applications shall be accompanied by the following documents:

                           —

                           proof of payment of the fee for the period of validity of the licence,

                           —

                           any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to this Protocol.

               7.

               The fee shall be paid into the account specified by the authorities of Seychelles.

               8.

               Fees shall include all national and local charges except for port taxes and service charges.

               9.

               Licences for all vessels shall be issued to shipowners or their agents within 15 days of receipt of all the documents referred to in point 6 by the competent authority of Seychelles.
               A copy shall be sent to the European Commission delegation responsible for Seychelles.

               10.

               Licences shall be issued for a specific vessel and shall not be transferable.

               11.

               However, at the request of the European Community and where force majeure is proven, a vessel's licence shall be replaced, for the remaining period of its validity, by a new licence for another vessel whose features are similar to those of the first vessel, with no further fee due. However, if the gross registered tonnage (GRT) of the replacement vessel is above that of the vessel to be replaced, the difference in fee shall be paid pro rata temporis.

               12.

               The owner of the first vessel, or the agent, shall return the cancelled licence to the competent authority of Seychelles via the European Commission delegation responsible for Seychelles.

               13.

               The new licence shall take effect on the day that the vessel's owner returns the cancelled licence to the competent authority of Seychelles. The European Commission delegation responsible for Seychelles shall be informed of the licence transfer.

               14.

               The licence must be kept on board at all times, without prejudice to point 2 of Chapter IX of this Annex.

         SECTION 2

      Licence conditions — fees and advance payments

               1.

               Licences shall be valid for one year and are renewable.

               2.

               The fee shall be EUR 25 per tonne caught within Seychelles waters.

               3.

               Licences shall be issued once the following standard amounts have been paid to the competent national authorities:

                           —

                           EUR 15 000 for tuna seiners, equivalent to the fees due for 600 tonnes of tuna and tuna‐like species caught within Seychelles waters per year,

                           —

                           EUR 3 000 for surface longliners of more than 150 GRT, equivalent to the fees due for 120 tonnes of tuna and tuna-like species caught within Seychelles waters per year,

                           —

                           EUR 2 250 for surface longliners of 150 GRT or less, equivalent to the fees due for 90 tonnes of tuna and tuna-like species caught within Seychelles waters per year.

               4.

               The SFA shall draw up a statement of fees due in respect of the previous calendar year on the basis of catch declarations by Community vessels and other information in the possession of the SFA.

               5.

               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 the shipowners and national authorities of the Member States concerned.

               6.

               Where the shipowners do not agree with the statement submitted by the SFA, they may consult the scientific institutes competent for verifying catch statistics such as the IRD (Institut de Recherche pour le Développement), the IEO (Instituto Español de Oceanografia) and IPIMAR (Instituto de Investigação das Pescas e do Mar), and thereafter discuss together with the Seychelles authorities to establish the final statement before 31 May of the current year. In the absence of observations by the shipowners at that date, the statement submitted by the SFA is considered as the final one.

               7.

               Member States shall notify the Commission of the final statement relating to their own fleet.

               8.

               Shipowners shall make any additional payment to the competent Seychelles authorities at the latest by 30 June of the same year at a bank account designated by the authorities of the Seychelles in accordance with Article 2(6) of the Protocol.

               9.

               Where the final statement is less than the advance payment referred to in point 3, the balance shall not be recoverable by the shipowner.

         CHAPTER II
   FISHING ZONES
   To avoid any adverse effect on small-scale fisheries in Seychelles waters, fishing by Community vessels shall not be authorised in the zones defined in Seychelles legislation nor within three miles around any fish-aggregating device placed by Seychelles authorities, the geographical positions of which have been communicated to the shipowners' representatives or agents.
   CHAPTER III
   CATCH REPORTING ARRANGEMENTS

               1.

               For the purposes of this Annex, the duration of a trip by a Community 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.

               All vessels authorised to fish in Seychelles waters under the Agreement shall be obliged to communicate their catches to the competent authority of Seychelles in the following manner:

                           2.1.

                           The Community vessels licensed to fish in Seychelles waters shall complete a fishing form as set out in Appendices 2 and 3, for each trip it undertakes in Seychelles waters. In the absence of catches, the fishing forms shall still be filled in.

                           2.2.

                           As far as the submission of the fishing forms referred to in points 2.1 and 2.3 is concerned, the Community vessels shall:

                                       —

                                       in the event they call into Port Victoria, submit the completed forms to the Seychelles authorities within five days of arrival, or in any event before it leaves port, whichever occurs first,

                                       —

                                       in any other case, send the completed forms to the Seychelles authorities within 14 days of arrival in any port other than Victoria.

                                 Copies of these fishing forms must also be sent to the scientific institutes referred to in Chapter I, section 2.6.

                           2.3.

                           The words ‘Outside Seychelles waters’ shall be entered in the abovementioned logbook in respect of periods during which the vessel is not in Seychelles waters.

                           2.4.

                           The forms shall be filled in legibly and signed by the master of the vessel or his representative.

               3.

               Where the provisions set out in this Chapter are not complied with, the Government of Seychelles reserves the right to suspend the licence 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.

         CHAPTER IV
   EMBARKING SEAMEN

               1.

               Each tuna seiner shall take on board during its trip in Seychelles waters at least two 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.

               2.

               Shipowners shall endeavour to take on board additional Seychelles seamen.

               3.

               The shipowner or agent shall inform the competent authority of Seychelles of the names and particulars of the Seychelles seamen taken on board the vessel concerned, mentioning their position in the crew.

               4.

               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.

               5.

               Seychelles seamen's employment contracts, a copy of which shall be given to the signatories, 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 assurance and sickness and accident insurance and the pension benefits applicable to them.

               6.

               Seychelles seamen's wages shall be paid by the ship-owners. They shall be fixed, before licences are issued, by mutual agreement between the ship-owners or their agents and the competent authorities of Seychelles. However, the wage conditions granted to Seychelles seamen shall not be lower than those applied to Seychelles crews performing similar duties and shall under no circumstances be below ILO standards.

               7.

               For the purposes of the enforcement and application of the law of employment the ship‐owner agent shall be considered as the local representative of the ship-owner. The contract concluded between the agent and the seamen shall include also the conditions for repatriation and the pension benefit applicable to them.

               8.

               All seamen employed aboard Community vessels shall report to the master of the vessel designated on the day before their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, ship-owners shall be automatically absolved of their obligation to take the seaman on board.

               9.

               Where no Seychelles seamen are taken on board for reasons other than that referred to in point 8, shipowners shall be obliged to pay a flat-rate amount equivalent to a figure based on the number of days that the vessel operated in Seychelles' waters multiplied by the amount per day which is fixed at $ 20. The flat rate amount shall be paid to the Seychelles authorities at the latest by the date set out in section 2(8) of Chapter I.

               10.

               That sum shall be used for the training of seamen/fishermen in Seychelles and shall be paid into an account specified by the authorities of Seychelles.

         CHAPTER V
   TECHNICAL MEASURES
   Vessels shall comply with the measures and recommendations adopted by the Indian Ocean Tuna Commission as well as the applicable national measures regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.
   CHAPTER VI
   OBSERVERS

               1.

               Vessels authorised to fish in Seychelles waters under the Agreement shall take on board observers appointed by Seychelles on the terms set out below.

                           1.1.

                           Community fishing vessels shall, at the request of the Seychelles authorities, take on board one observer, and when the authorities of Seychelles think it appropriate and necessary, two observers, designated by the said authorities.

                           1.2.

                           The competent authority of Seychelles shall draw up a list of vessels designated to take an observer on board and a list of the 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.

                           1.3.

                           The competent authority of Seychelles 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.

               2.

               The time spent on board by observers shall be fixed by the competent authority of Seychelles but, as a general rule, it should not exceed the time required to carry out their duties. The competent authority 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.

               3.

               The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the authorities of Seychelles.

               4.

               Observers shall be taken on board in a manner chosen by the shipowner, after notification of the list of designated ships.

               5.

               Within two weeks and giving 10 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 from Seychelles on board leave Seychelles waters, all measures must be taken to ensure the observer's return 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 12 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.

                           perform biological sampling in the context of scientific programmes;

                           8.4.

                           note the fishing gear used;

                           8.5.

                           verify the catch data for Seychelles waters recorded in the logbook;

                           8.6.

                           verify the percentages of by-catches and estimate the quantity of discards;

                           8.7.

                           report fishing data once a week by fax or e-mail or other means of communication, including the quantity of catches and by-catches on board taken in Seychelles waters.

               9.

               Masters of vessels shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.

               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 exercise of their tasks as observer.

               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 observer. A copy of the report shall be handed to the master when the observer leaves 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 social contributions of the observer shall be borne by the competent authorities of Seychelles.

         CHAPTER VII
   LANDING
   Tuna seiners landing in the port of Victoria shall endeavour to make their by-catches available to the authorities of Seychelles at the local market price. Furthermore, the Community tuna seiners shall participate in supplying tuna to the Seychelles cannery at the international market price.
   CHAPTER VIII
   PORT EQUIPMENT AND USE OF SUPPLIES AND SERVICES
   Community vessels shall endeavour to procure in Seychelles all supplies and services required for their operations. The Seychelles authorities shall lay down, in agreement with the shipowners, the conditions for using port equipment and, if necessary, supplies and services.
   CHAPTER IX
   MONITORING

               1.

               Vessel list
               The European Community shall keep an up-to-date list of the vessels to which a fishing licence 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.

               Vessels Monitoring System
               Community vessels shall be monitored, inter alia, by vessel monitoring systems, without discrimination, in accordance with the provisions set out in Appendix 4.

               3.

               Entering and leaving Seychelles waters:

                           3.1.

                           Community vessels shall notify the competent authorities of Seychelles at least (three) 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.

                           3.2.

                           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. However, the competent authorities of Seychelles may exempt surface long liners not fitted with the appropriate communication equipment from this obligation by authorising communication by radio.

                           3.3.

                           Community fishing vessels found to be fishing without having informed the competent authorities of Seychelles shall be deemed as vessels without a licence. The sanctions referred to in Chapter X, point 1 shall be applicable in such cases.

               4.

               Control procedures

                           4.1.

                           Masters of Community fishing vessels engaged in fishing activities in Seychelles waters shall cooperate with any Seychelles official carrying out the inspection and control of fishing activities.

                           4.2.

                           These officials shall not remain on board for longer than is necessary for the discharge of their duties.

                           4.3.

                           Once an inspection has been completed, a copy of the inspection report shall be given to the master of the vessel.

               5.

               Transhipment

                           5.1.

                           All Community vessels wishing to tranship catches in Seychelles waters shall do so within Seychelles ports.

                           5.2.

                           The owners of such vessels must notify the following information to the competent authority of Seychelles at least 24 hours in advance:

                                       —

                                       the names of the transhipping fishing vessels,

                                       —

                                       the names of the cargo vessels,

                                       —

                                       the tonnage by species to be transhipped,

                                       —

                                       the day of transhipment.

                           5.3.

                           Transhipment shall be considered as an exit from Seychelles waters. Vessels must therefore submit their catch declarations to the competent authorities of Seychelles.

                           5.4.

                           Any transhipment of catches not covered above shall be prohibited in Seychelles waters. Any person infringing this provision shall be liable to the penalties provided for by Seychelles law.

                           5.5.

                           Masters of Community fishing vessels engaged in landing or transhipment operations in a port of Seychelles shall allow and facilitate the inspection of such operations by Seychelles inspectors. Once the inspection has been completed, a certificate shall be issued to the master of the vessel.

         CHAPTER X
   ENFORCEMENT

               1.

               Sanctions
               Failure to observe any one of the above rules, the management and conservation of living resources measures or Seychelles legislation may be penalised by suspension, revocation or non-renewal of the vessel's fishing licence.
               The flag Member State and the European Commission shall immediately be fully informed of any suspension or revocation and of all relevant facts related thereto. During the period of the suspension of a licence or during the remaining period of the validity of a licence which has been revoked, the European Commission may request another licence which would have otherwise have been applicable, for a vessel from another ship-owner, in accordance with the procedure set out in section 1.11 of Chapter I.

               2.

               Arrest of fishing vessels
               The Seychelles authorities shall inform the European Commission delegation responsible for Seychelles and the flag State, within 48 hours, of the arrest of any fishing vessel flying the flag of a Member State of the Community fishing under the Agreement in Seychelles fishing zone and shall transmit a brief report of the circumstances and reasons leading to such arrest. The delegation and the flag State shall be kept informed of any proceedings initiated and penalties imposed.

         Appendix 1
   APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE
   Name of applicant: …
   Address of applicant: …
   Name and address of charterer of vessel if different from above:
   …
   Name and address of other legal representative in Seychelles:
   …
   Name and address of master of vessel:
   …
   Name of vessel: …
   Type of vessel: …
   Length and registered net tonnage of vessel: …
   Engine type, horse power and gross registered tonnage: …
   Port and country of registry: …
   Registration number: …
   Fishing vessel external identification: …
   Radio call sign/signal letters: …
   Frequency: …
   Particulars of equipment: …
   Number and nationality of crew: …
   Proposed fishing area and species of fish: …
   …
   …
   Description of fishing operations, joint ventures and other contractual arrangements:
   …
   …
   I certify that the above particulars are correct.

               Date: …

               Signature: …

         Appendix 2
   STATEMENT OF CATCH FOR TUNA SEINERS

   Appendix 3
   STATEMENT OF CATCH FOR SURFACE LONGLINERS

   Appendix 4
   Provisions establishing the method to be used for the transmission of data relating to satellite monitoring of the position of ec vessels fishing under the ec/seychelles fishery agreement
   As the Republic of Seychelles has introduced a vessel monitoring system (VMS) applicable to all foreign vessels fishing in Seychelles waters, on a non-discriminatory basis, and has extended VMS surveillance to its own national fleet of the same category, and
   Considering that EC fishing vessels are already subject to satellite tracking under Community legislation since January 2000,
   It is recommended that the flag States and the authorities of the Republic of Seychelles implement satellite monitoring of Community vessels fishing under the Agreement between the European Community and the Republic of Seychelles on fishing off Seychelles in accordance with the following conditions:

               1.

               For the purposes of satellite monitoring, the Seychelles authorities shall communicate to the Fisheries Monitoring Centres (FMCs) of the flag States the co-ordinates (latitudes and longitudes) of the Seychelles waters.
               The Seychelles authorities will transmit this information in electronic format, expressed in degrees decimal in the Wgs-84 system datum.

               2.

               The Seychelles authorities and the national FMCs will exchange information on their respective electronic addresses in X.25 format or, where appropriate, another secure communication protocol and on the specifications to be used in their respective FMCs in accordance with the conditions established in points 4 and 6. This information will include, as far as possible, the names, the telephone, and fax numbers and the electronic addresses (Internet), which can be used for the general communications between the FMCs.

               3.

               The position of the vessels will be determined with a margin of error of less than 500 metres and with a confidence interval of 99 %.

               4.

               When a vessel fishing under the Agreement between the European Community and the Republic of Seychelles on fishing off Seychelles and subject to satellite tracking under Community legislation enters into Seychelles waters, subsequent position reports shall be communicated by the FMC of the flag State to the Monitoring Centre of Seychelles automatically, in real time, at least every hour (frequency). These messages are identified as Position Reports.

               5.

               The messages referred to in item 4 shall be transmitted electronically in X.25 format, or other secure communication protocols subject to prior agreement between the relevant FMCs. All messages will be communicated automatically, in real time, in accordance with the definitions given in Attachment 1.
               It is prohibited for a vessel to switch off its satellite tracking device when operating in Seychelles waters.

               6.

               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 in good time by fax or e‐mail to the FMC of the flag State concerned the information specified in item 4. At least one Global Position Report every four hours shall be sufficient under such circumstances as long as 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. The FMC of the flag State or the vessel itself shall forward these messages to the Seychelles Monitoring Centre without delay. In case of necessity or doubts, the Seychelles Fishing Authority (SFA) could ask a specific vessel to transmit the Position Report on an hourly basis. Defective equipment shall be repaired or replaced as soon as the vessel concludes its fishing trip or within a month at most. After this period, a new fishing trip may not begin until the equipment has been repaired or replaced.

               7.

               The Vessel Monitoring System hardware and software components shall be temper proof, i.e. shall not permit the input or output of false positions and must not be capable of being manually over-ridden. 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.
               In particular, the master shall ensure that:

                           —

                           data are not altered in any way,

                           —

                           the antenna or the antennas connected to the satellite tracking devices are not obstructed in any way, and

                           —

                           the power supply of the satellite tracking devices is not interrupted in any way.

                     Any breach of the abovementioned obligations may render the master liable under the laws and regulations of Seychelles, provided that the vessel is operating in Seychelles waters.

               8.

               The FMCs of the flag States shall monitor the tracking of their vessels when the latter are in Seychelles waters, at one-hour intervals. If the tracking of the vessels is not carried out under the conditions envisaged, the Seychelles Monitoring Centre shall be informed immediately and the procedure provided for in item 6 will be applicable.

               9.

               Relevant FMCs and the Seychelles Monitoring Centre shall cooperate to ensure the implementation of these provisions. If the Seychelles Monitoring Centre establishes that the flag State is not transmitting the data in conformity with item 4 above, the other party shall be notified immediately. Upon receipt of notification, the latter shall respond within 24 hours by informing the Seychelles Monitoring Centre of the reasons for non‐transmission and stating a reasonable deadline for complying with these provisions. In case of failure to comply within this deadline, the two parties will settle such problems in writing or as provided for by point 13 of these provisions.

               10.

               Monitoring data transmitted in accordance with these provisions shall be used exclusively for control, management, monitoring and enforcement by the Seychelles authorities of the Community fleet fishing under the Agreement between the European Community and the Republic of Seychelles on fishing off Seychelles. These data cannot be communicated to other parties under any circumstances, except with the written consent of the flag State concerned, on a case by case basis, or by an order of the Court in Seychelles.

               11.

               It is agreed that, at the request of either party, there will be an exchange of information on the equipment used for satellite tracking, in order to ensure that this equipment is fully compatible with the requirements of the other party for the purposes of these provisions.

               12.

               The Parties agree to review these provisions as and when appropriate, including all cases of malfunctioning or anomalies related to individual vessels. All such cases will have to be notified by the SFA to the EC flag Member States at least 15 days before the review meeting.

               13.

               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 7 of the Agreement between the European Community and the Republic of Seychelles on fishing off Seychelles.

               14.

               These provisions shall enter into force on 18 January 2005.

         Attachment 1
   Communication of VMS messages to Seychelles
   Position report

               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

               XR

               O

               Vessel detail; the side number of the vessel

               Latitude

               LA

               M

               Position detail; position of the vessel in degrees and minutes N/S DDMM (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 o 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

         Character set: ISO 8 859,1
   A data transfer is structured in the following way:

               —

               a double oblique bar (//) and a code mark the beginning of the transmission,

               —

               a simple oblique bar (/) marks a separation between the code and the piece of data.

         The optional data has to be inserted between the beginning and the end of the recording.
   Appendix 5
   COMMUNICATION FORMAT REPORTS
   1.   Entry report format (within three hours before the event)

               (Content)

               (Transmission)

               Addressee

               SFA

               Action code

               IN

               Vessel name

               International radio call sign

               Position of entry

               Date and hour (UTC) of entry

               Quantity (Mt) of fish on board

               Yellowfin

               (Mt)

               Bigeye tuna

               (Mt)

               Skipjack

               (Mt)

               Others (specify)

               (Mt)

         2.   Exit report format (within 3 hours before the event)

               (Content)

               (Transmission)

               Addressee

               SFA

               Action code

               OUT

               Vessel name

               International radio call sign

               Position of entry

               Date and hour (UTC) of exit

               Quantity (Mt) of fish on board

               Yellowfin

               (Mt)

               Bigeye tuna

               (Mt)

               Skipjack

               (Mt)

               Others (specify)

               (Mt)

         3.   Weekly catch report format (every three days when the vessel is operating in seychelles waters)

               (Content)

               (Transmission)

               Addressee

               SFA

               Action code

               WCRT

               Vessel name

               International radio call sign

               Quantity (Mt) of fish on board

               Yellowfin

               (Mt)

               Bigeye tuna

               (Mt)

               Skipjack

               (Mt)

               Others (specify)

               (Mt)

               Number of sets made since last report

         All reports shall be transmitted to the competent authority at: Fax (248) 22 59 57 E-mail fmcsc@sfa.sc
   Seychelles Fishing Authority, P.O. Box 449, Fishing Port, Mahé, Seychelles
    ---documentbreak---

               30.12.2005

               EN

               Official Journal of the European Union

               L 348/3

         AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   on the provisional application of the protocol setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles
   A.   Letter from the Government of the Republic of Seychelles:
   Sir,
   With reference to the Protocol, initialled on 23 September 2004, setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution, I have the honour to inform you that the Government of the Republic of Seychelles is willing to apply the Protocol provisionally from 18 January 2005 pending its entry into force in accordance with Article 13 thereof, provided that the European Community is prepared to do likewise.
   This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 30 September 2005.
   I should be grateful if you would confirm the agreement of the European Community to such a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

      For the Government of the Republic of Seychelles

   B.   Letter from the European Community
   Sir,
   I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

      ‘With reference to the Protocol, initialled on 23 September 2004, setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution, I have the honour to inform you that the Government of the Republic of Seychelles is willing to apply the Protocol provisionally from 18 January 2005 pending its entry into force in accordance with Article 13 thereof, provided that the European Community is prepared to do likewise.
      This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 30 September 2005.
      I should be grateful if you would confirm the agreement of the European Community to such a provisional application.’

   I am pleased to confirm the agreement of the European Community to a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

      For the Council of the European Union

 ---documentbreak--- NA ---documentbreak---

               30.12.2005

               EN

               Official Journal of the European Union

               L 348/4

         PROTOCOL
   setting out, for the period from 18 January 2005 to 17 January 2011, the fishing opportunities and the financial contribution provided for by the agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles

   Article 1
   Period of application and fishing opportunities
   1.   For a period of six years from 18 January 2005 to 17 January 2011, the fishing opportunities granted under Article 2 of the Agreement shall be as follows:

               (a)

               40 ocean-going tuna seiners, and

               (b)

               12 surface longliners.

         2.   Paragraph 1 shall apply subject to Articles 4 and 5.
   3.   Under Article 4 of the Agreement, vessels flying the flag of a Member State of the European Community may engage in fishing activities in the Seychelles waters only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annex.
   Article 2
   Financial contribution — Methods of payment
   1.   For the period referred to in Article 1, the financial contribution referred to in Article 6 of the Agreement shall be EUR 24 750 000.
   2.   Paragraph 1 shall apply subject to Articles 4, 6 and 8.
   3.   The Community shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 4 125 000 per year during the period of application of this Protocol.
   4.   If the total quantity of tuna catches per year by Community vessels in Seychelles' waters exceeds 55 000 tonnes, the total annual financial contribution shall be increased by EUR 75 per additional tonne of tuna caught. However, the total annual amount to be paid by the Community cannot exceed EUR 8 250 000.
   5.   Payment shall be made no later than 30 September 2005 for the first year and no later than the anniversary date of the Protocol for the following years.
   6.   Subject to Article 6 herewith, Seychelles shall have full discretion regarding the use to which this financial contribution is put.
   7.   The financial contribution shall be paid into no more than two Public Treasury accounts opened with the Seychelles Central Bank.
   Article 3
   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.   Based on the recommendations and resolutions taken within the Indian Ocean Tuna Commission (IOTC) and the best available scientific advice and, where appropriate after a joint meeting of scientists, the two parties may consult each other within the Joint Committee provided for in Article 7 of the Agreement and, where necessary, agree on the measures to ensure the sustainable management of fisheries resources.
   Article 4
   Review of fishing opportunities
   1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement insofar as the conclusions of the joint meeting of scientists referred to in Article 3(2) confirm that such an increase will not endanger the sustainable management of Seychelles' resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community shall not be more than twice the amount indicated in Article 2(1). In the event that the quantities caught by Community fishing vessels exceed the quantity which correspond to the total amount of financial contribution, the Parties shall consult each other as soon as possible in order to establish the amount due for the quantity caught in excess of this limit.
   2.   Conversely, if the parties agree to reduce the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionally and pro rata temporis.
   3.   The allocation of the fishing opportunities among different categories of vessels may also be reviewed by mutual agreement between the parties, provided that any changes comply with any recommendations or resolutions adopted by the IOTC regarding the management of stocks liable to be affected by such redistribution. The parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.
   Article 5
   New fishing opportunities
   1.   In the event that Community fishing vessels are interested in engaging in fisheries not provided for in Article 1, the Parties shall consult each other before authorisation is granted for any such activities and, where appropriate, agree to the conditions for such fishing, including effecting corresponding amendments to this Protocol and the Annex thereto.
   2.   The Parties should encourage experimental fishing, specially relating to deep water species present in Seychelles waters. To this end and on the request of one party, they shall consult each other and determine on a case-by-case basis the species, conditions and other parameters that are relevant.
   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 six months.
   In the event that the Parties consider that experimental campaigns have yielded positive results, the Government of Seychelles may allocate fishing possibilities of the new species to the community fleet until the expiration of the present protocol. The financial compensation referred to in Article 2(1) shall consequently be increased.
   Article 6
   Suspension and review of the payment of the financial contribution
   1.   Where as a result of circumstances solely attributable to the fault or negligence of Seychelles, fishing activities in Seychelles waters cannot be carried out in Seychelles waters, the European Community may, after prior consultation with Seychelles, suspend payment of the financial contribution provided that the Community has paid in full any amounts due at the time of suspension.
   2.   Payment of the financial contribution shall recommence once the situation has returned to normal and following consultation and agreement between the two Parties confirming that the situation is likely to allow a return to normal fishing activities.
   Article 7
   Promoting responsible fishing and sustainable fisheries in Seychelles waters
   1.   A share of at least 36 % of the financial contribution referred to in Article 2(1) shall be put towards defining and implementing a sectoral fisheries policy in Seychelles with a view to promoting responsible fishing and sustainable fisheries in its waters. This contribution shall be managed in the light of objectives identified by mutual agreement between the two Parties, and the annual and multiannual programming relating thereto.
   2.   For the purposes of paragraph 1, as soon as this Protocol enters into force and no later than three months after that date, the Community and Seychelles shall agree, within the Joint Committee provided for in Article 7 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

               (a)

               annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1;

               (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 policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries;

               (c)

               criteria and procedures for evaluating the results obtained each year.

         3.   Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee.
   4.   Each year, Seychelles shall allocate the percentage of the financial contribution referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation must be notified to the Community at the time when the multiannual sectoral programme is approved within the Joint Committee. For each year thereafter, Seychelles shall notify the Community of the allocation no later than 1 December of the previous year.
   5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may ask, with the approval of the Joint Committee, for the financial contribution referred to in Article 2(1) to be modified with a view to bringing the actual amount of financial resources allocated to implementation of the programme into line with its results.
   Article 8
   Disputes — suspension of application of the Protocol
   1.   Any dispute between the Parties over the interpretation of this Protocol or its application shall be the subject of consultations between the parties within the Joint Committee provided for in Article 7 of the Agreement, in a special meeting if necessary.
   2.   Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one party if the dispute between the Parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.
   3.   Suspension of application of the Protocol shall require the interested party to notify its intention in writing at least three months before the date on which suspension is due to take effect.
   4.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.
   Article 9
   Suspension of application of the Protocol on grounds of non-payment
   Subject to Article 3, if the European Community fails to make the payments provided for in Article 2, Seychelles may suspend the implementation of this Protocol.
   Article 10
   National law
   The activities of Community fishing vessels in Seychelles are subject to the national laws and regulations unless otherwise provided under this Protocol and the Annex thereto.
   Article 11
   Revision clause
   Following the third anniversary of this Protocol and the Annex thereto, the Parties will review the application of the Protocol and the Annex thereto and, where appropriate, consult on any amendments of their provisions. Any such amendments may include the reference tonnage and the standard amounts paid for licences and the ratio between the amount per tonne set out in Article 2(4) and the amount indicated in section 2(2) of the Annex.
   Article 12
   Repeal
   The Protocol and Annex I, dated 17 January 2002, to the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles, which came into force on 28 October 1987, is hereby repealed and replaced by this Protocol and the Annex thereto.
   Article 13
   Entry into force
   1.   This Protocol with its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose.
   2.   It shall apply with effect from 18 January 2005.


title: Council Decision 2012/36/CFSP of 23 January 2012 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus

text:
               24.1.2012

               EN

               Official Journal of the European Union

               L 19/31

         COUNCIL DECISION 2012/36/CFSP
   of 23 January 2012
   amending Decision 2010/639/CFSP concerning restrictive measures against Belarus
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 25 October 2010, the Council adopted Decision 2010/639/CFSP concerning restrictive measures against Belarus (1).

               (2)

               On 10 October 2011, the Council extended the existing restrictive measures until 31 October 2012 by adopting Decision 2011/666/CFSP (2).

               (3)

               In view of the gravity of the situation in Belarus, additional restrictive measures against Belarus should be adopted.

               (4)

               The restrictions on admission and on the freezing of funds and economic resources should be applied to persons responsible for serious violations of human rights or the repression of civil society and democratic opposition, in particular persons in a leading position, and to persons and entities benefiting from or supporting the Lukashenka regime, in particular persons and entities providing financial or material support to the regime.

               (5)

               Decision 2010/639/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/639/CFSP is hereby amended as follows:

               (1)

               in Article 1(1), the following points are added:

                           ‘(e)

                           for serious violations of human rights or the repression of civil society and democratic opposition in Belarus, as listed in Annex V;

                           (f)

                           and persons or entities benefiting from or supporting the Lukashenka regime as listed in Annex V.’;

               (2)

               in Article 2(1), the following points are inserted:

                           ‘(c)

                           for serious violations of human rights or the repression of civil society and democratic opposition in Belarus, as listed in Annex V;

                           (d)

                           and persons or entities benefiting from or supporting the Lukashenka regime, as listed in Annex V;’;

               (3)

               in Article 2, paragraph 2 is replaced by the following:
               ‘2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of such persons listed in Annexes IIIA, IV and V.’;

               (4)

               in Article 3(1), point (a) is replaced by the following:

                           ‘(a)

                           necessary to satisfy the basic needs of the persons listed in Annexes IIIA, IV and V and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;’.

         Article 2
   The Annex to this Decision shall be added to Decision 2010/639/CFSP as Annex V.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 January 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 280, 26.10.2010, p. 18.

      (2)  OJ L 265, 11.10.2011, p. 17.

      ANNEX

            ‘ANNEX V

               List of persons and entities referred to in Article 1(1)(e) and (f) and Article 2(1)(c) and (d)

                        Persons

                        Entities’


title: Council Decision (EU) 2015/239 of 10 February 2015 on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe

text:
               16.2.2015

               EN

               Official Journal of the European Union

               L 40/4

         COUNCIL DECISION (EU) 2015/239
   of 10 February 2015
   on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6), second subparagraph, point (a), and Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 23 July 2007, the Council approved the Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community (the ‘Partnership Agreement’) by adopting Regulation (EC) No 894/2007 (1).

               (2)

               The application of the latest Protocol (2) setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement expired on 12 May 2014.

               (3)

               The Union has negotiated with São Tomé and Príncipe a new Protocol, for a period of four years, granting Union vessels fishing opportunities in the waters over which the Democratic Republic of São Tomé and Príncipe has sovereignty or jurisdiction in respect of fisheries.

               (4)

               That new Protocol was signed in accordance with Decision 2014/334/EU (3) and will apply on a provisional basis from the date of its signature.

               (5)

               The new Protocol should be approved.

               (6)

               The Partnership Agreement establishes a Joint Committee responsible for monitoring the implementation of this Agreement. Furthermore, in accordance with the Protocol, the Joint Committee may approve certain modifications to the Protocol. In order to facilitate the approval of such modifications, it is appropriate to empower the Commission, subject to specific conditions, to approve them under a simplified procedure,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe (the ‘Protocol’) is hereby approved on behalf of the Union (4).
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 15 of the Protocol (5).
   Article 3
   Subject to the provisions and conditions laid down in the Annex, the Commission is empowered to approve, on behalf of the Union, the amendments made to the Protocol in the Joint Committee.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 10 February 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Council Regulation (EC) No 894/2007 of 23 July 2007 on the conclusion of a Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community (OJ L 205, 7.8.2007, p. 35).

      (2)  Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe (OJ L 136, 24.5.2011, p. 5).

      (3)  Council Decision 2014/334/EU of 19 May 2014 on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe (OJ L 168, 7.6.2014, p. 1).

      (4)  The Protocol has been published in OJ L 168, 7.6.2014, p. 3, together with the decision on signature.

      (5)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      ANNEX

         Scope of the empowerment and procedure for establishing the Union position in the Joint Committee

                  (1)

                  The Commission shall be authorised to negotiate with the Democratic Republic of São Tomé and Príncipe and, where appropriate and subject to complying with paragraph 3 of this Annex, agree on modifications to the Protocol in respect of the following issues:

                              (a)

                              decision on the modalities of the sectoral support in accordance with Article 3 of the Protocol;

                              (b)

                              adaptation of the provisions on the pursuit of fishing activities and the rules for implementing the Protocol and its annexes, in accordance with Article 5(2) of the Protocol.

                  (2)

                  In the Joint Committee set up under the Fisheries Partnership Agreement, the Union shall:

                              (a)

                              act in accordance with the objectives pursued by the Union within the framework of the Common Fisheries Policy;

                              (b)

                              be in line with the Council conclusions of 19 March 2012 on a Communication on the External dimension of the Common Fisheries Policy;

                              (c)

                              promote positions that are consistent with the relevant rules adopted by Regional Fisheries Management Organisations.

                  (3)

                  When a decision on modifications to the Protocol referred to in paragraph 1 is foreseen to be adopted during a Joint Committee meeting, the necessary steps shall be taken so that the position to be expressed on behalf of the Union takes account of the latest statistical, biological and other relevant information transmitted to the Commission
                  To this effect, and based on that information, a preparatory document setting out the particulars of the envisaged Union position shall be transmitted by the Commission services, in sufficient time before the relevant Joint Committee meeting, to the Council or to its preparatory bodies for consideration and approval.
                  The Union position envisaged in the preparatory document shall be deemed to be agreed, unless a number of Member States equivalent to a blocking minority objects during a meeting of the Council's preparatory body or within 20 days from receipt of the preparatory document, whichever occurs earlier. In case of such objection, the matter shall be referred to the Council.
                  If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.
                  The Commission is invited to take, in due time, any steps necessary as a follow-up to the decision of the Joint Committee, including, where appropriate, a publication of the relevant decision in the Official Journal of the European Union and a submission of any proposal necessary for the implementation of that decision.


title: 2004/779/EC: Council Decision of 15 November 2004 appointing two Czech members and three alternate Czech members of the Committee of the Regions

text:
               20.11.2004

               EN

               Official Journal of the European Union

               L 344/31

      COUNCIL DECISION

   of 15 November 2004
   appointing two Czech members and three alternate Czech members of the Committee of the Regions
   (2004/779/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Czech Government,
   Whereas:

               (1)

               On 22 January 2002 (1) the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions.

               (2)

               Two seats as members of the Committee of the Regions have become vacant following the resignations of Mr Jan BŘEZINA, notified to the Council on 22 July 2004, and of Mr Oldřich VLASÁK, notified to the Council on 30 August 2004; one seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Petr DUCHOŇ, notified to the Council on 30 August 2004. Two seats as alternate members of the Committee of the Regions have become vacant following the nomination of Mr František SLAVÍK and Mr Tomáš ÚLEHLA to be full members,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are appointed to the Committee of the Regions:

               (a)

               as members:

                           1.

                           Mr František SLAVÍK,
                           President of the Regional Council of Zlínský kraj
                           to replace M. Jan BŘEZINA

                           2.

                           Mr Tomáš ÚLEHLA
                           Mayor of the City of Zlín, Zlínský kraj
                           to replace M. Oldřich VLASÁK;

               (b)

               as alternate members:

                           1.

                           Ms Ivana ČERVINKOVÁ
                           Mayor of the Municipality of Kostelec nad Orlicí, Královehradecký kraj
                           to replace Mr Petr DUCHOŇ

                           2.

                           Mr Ivan KOSATÍK,
                           2nd Deputy of the President of the Regional Council of Olomoucký kraj
                           to replace Mr František SLAVÍK

                           3.

                           Mr Petr OSVALD
                           Member of the local authority of the City of Plzeň, Plzeňský kraj
                           to replace Mr Tomáš ÚLEHLA;

         for the remainder of their term of office, which runs until 25 January 2006.

      Done at Brussels, 15 November 2004.

            For the Council

            The President

         M. VAN DER HOEVEN

      (1)  OJ L 24, 26.1.2002, p. 38.


Avis juridique important

|

31993D0567

93/567/EEC: Council Decision of 29 October 1993 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of the Gambia on fishing off the Gambia for the period 1 July 1993 to 30 June 1996

Official Journal L 274 , 06/11/1993 P. 0027 - 0027

COUNCIL DECISION of 29 October 1993 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing rights and financial compensation provided for in the  Agreement between the European Economic Community and the Government of the Republic of the Gambia on fishing off the Gambia for the period 1 July 1993 to 30 June 1996(93/567/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agrement between the European Economic Community and the Government of the Republic of the Gambia on fishing off the Gambia (1), which entered into force on 1 July 1987,  Having regard to the proposal from the Commission,  Whereas the Community and the Republic of the Gambia conducted negotiations to determine the amendments or additions to be made to the abovementioned Agreement at the end of the period of application of the Protocol annexed thereto;  Whereas, as a result of those negotiations, a new Protocol was initialled on 17 June 1993;  Whereas, under that Protocol, Community fishermen enjoy fishing rights in the waters under the sovereignty or jurisdiction of the Republic of the Gambia for the period 1 July 1993 to 30 June 1996;  Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is indispensable that the new Protocol be applied as soon as possible; whereas, for this reason, the two parties initialled on Agreement in the form of an  exchange of letter providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol in force; whereas that Agreement should be approved pending a final decision taken on the basis of Article  43 of the Treaty,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and  the Government of the Republic of the Gambia on fishing off the Gambia for the period 1 July 1993 to 30 June 1996 is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an exchange of letters in order to bind the Community.  Done at Brussels, 29 October 1993.  For the Council The President R. URBAIN  (1) OJ No L 146, 6. 6. 1987, p. 1.


title: 2006/69/: EFTA Surveillance Authority Decision No 69/06/COL of 22 March 2006 amending for the fifty-fifth time the Procedural and Substantive rules in the field of State Aid

text:
               23.11.2006

               EN

               Official Journal of the European Union

               L 324/34

         EFTA SURVEILLANCE AUTHORITY DECISION

   No 69/06/COL
   of 22 March 2006
   amending for the fifty-fifth time the Procedural and Substantive rules in the field of State Aid
   THE EFTA SURVEILLANCE AUTHORITY (1),
   HAVING REGARD TO the Agreement on the European Economic Area (2), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD TO the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (3), in particular to Articles 24 and 5(2)(b) thereof and Article 1 in Part I of Protocol 3 thereof,
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS under Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (4) adopted on 19 January 1994 by the Authority (5),
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the Authority is to adopt, after consultation with the European Commission, acts corresponding to those adopted by the European Commission,
   WHEREAS the former Chapter 34 of the State Aid Guidelines, which dealt with ‘Reference and discount rates and interest rates to be applied for the recovery of unlawful aid’ (6) was in whole deleted by College Decision No 195/04/COL on the 14 July 2004 (7),
   WHEREAS the legal basis for the calculation of interest rates, in the case of recovery, is now to be found in College Decision No 195/04/COL,
   WHEREAS reference rates are also dealt with outside recovery situations in the State aid Guidelines,
   WHEREAS for the sake of clarity on which rules apply, the Authority finds it necessary to set out in one single document the various calculation methods and the legal bases for the rate of interest used for recovery of unlawful aid and for the reference rate and discount rate to be used in other than recovery situations,
   HAVING consulted the European Commission,
   RECALLING that the Authority has consulted the EFTA States in letters to Iceland, Liechtenstein and Norway dated 15 February 2006 on the subject,
   HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Authority’s State Aid Guidelines shall be amended by introducing a new Chapter 34 on the method for setting the reference and discount rates outside recovery cases. The new Chapter 34 is enclosed and forms an integral part of this Decision.
   2.   The new Chapter 34 will apply as of its adoption by the Authority.
   Article 2
   The EFTA States shall be informed by means of a letter, including a copy of this Decision and the enclosed new Chapter 34 of the Authority’s State Aid Guidelines.
   Article 3
   The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision.
   Article 4
   The Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 22 March 2006.

            For the EFTA Surveillance Authority

         Bjørn T. GRYDELAND

            President

         Kurt JÄGER

            College Member

      (1)  Hereinafter referred to as the ‘Authority’.

      (2)  Hereinafter referred to as the ‘EEA Agreement’.

      (3)  Hereinafter referred to as the ‘Surveillance and Court Agreement’.

      (4)  Hereinafter referred to as the ‘State Aid Guidelines’.

      (5)  Initially published in OJ L 231, 3.9.1994, p. 1, and in the EEA Supplement thereto No 32 on the same date. An up-dated version of the State Aid Guidelines is available on the Authority’s website: www.eftasurv.int

      (6)  Implementing partially Commission notice on the method for setting the reference and discount rates (OJ C 273, 9.9.1997, p. 3) and Commission Communication on interest rates in the case of recovery of unlawful State aid (OJ C 110, 8.5.2003, p. 21).

      (7)  College Decision No 195/04/COL of 14 July 2004 on the implementing provisions referred to under Article 27 in Part II of Protocol 3 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (not yet published). Amended by Decision No 319/05/COL of 14 December 2005 (not yet published). Decision No 195/04/COL corresponds to Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of [ex] Article 93 of the EC Treaty [now Article 88] (OJ L 140, 30.4.2004, p. 1).

      ANNEX
      34.   CHAPTER ON SETTING THE REFERENCE AND DISCOUNT RATES (1)

      34.1.   INTRODUCTION

                  (1)

                  The EFTA Surveillance Authority sets out in this Chapter the various calculation methods and the legal basis for the rate of interest used for recovery of unlawful aid in addition to the reference and discount rates to be used in situations other than for recovery, as for example for calculating the grant equivalent of investment aid (2).

            34.2.   INTEREST RATE TO BE USED IN THE CASE OF RECOVERY

                  (2)

                  In the situation where unlawful aid has to be recovered by an EFTA State, the legal basis and the calculation method for the interest rate to be used is to be found in Article 9 of EFTA Surveillance Authority Decision No 195/04/COL (3).

                  (3)

                  However, as stated in Article 13 of Decision No 195/04/COL (4), as regards the execution by EFTA States of recovery orders notified before 15 July 2004 (the entry into force day of Decision No 195/04/COL), the rules of the previous Chapter 34 of the EFTA Surveillance Authority’s State Aid Guidelines on the interest rates to be applied when aid granted unlawfully is being recovered, remain in effect.

                  (4)

                  According to Article 10 of Decision No 195/04/COL (5), the current and relevant historical State aid recovery interest rates are to be published in the EEA Section of and the EEA Supplement to the Official Journal of the European Union and for information on the internet; www.eftasurv.int

            34.3.   REFERENCE AND DISCOUNT RATES TO BE USED IN SITUATIONS OTHER THAN FOR RECOVERY

                  (5)

                  For the purposes of the monitoring of State aid as required by the EEA Agreement, the EFTA Surveillance Authority uses various parameters, including the reference and discount rates.

                  (6)

                  Those rates are used to measure the grant equivalent of aid that is disbursed in several instalments and to calculate the aid element resulting from interest subsidy schemes for loans. They are also used in implementing the de minimis rule (6).

                  (7)

                  The reference and discount rates are supposed to reflect the average level of interest rates charged, in the various EFTA States which are Contracting Parties to the EEA Agreement, on medium and long-term loans (five to ten years) backed by normal security.

                  (8)

                  As from 15 July 2004 the reference and discount rates are fixed as follows (7):

                              —

                              the indicative rate is defined as the five-year interbank swap rate, in the relevant currency, plus a premium of 0,75 points (75 basis points);

                              —

                              the reference and discount rates are deemed to be equal to the average of indicative rates recorded in the preceding September, October and November;

                              —

                              the reference and discount rates are adjusted again in the course of the year if they differ by more than 15 % from the average of the indicative rates recorded over the last known three months.

                  (9)

                  It should also be noted that:

                              —

                              the reference and discount rates thus determined are floor rates which may be increased in situations involving a particular risk (for example, an undertaking in difficulty, or where the security normally required by banks is not provided). In such cases, the premium may amount to 400 basis points or more if no private bank would have agreed to grant the relevant loan;

                              —

                              the EFTA Surveillance Authority reserves the right, if necessary for examining cases, to use a shorter base rate (for example Libor one-year rate) or a longer base rate (for example, the rate on ten-year bonds) than the five-year interbank swap rate;

                              —

                              in cases where the five-year interbank swap rate is not available, the base rate will be set at the level of the rate of yield on five-year (or ten-year) State bonds, plus a premium of 25 basis points;

                              —

                              in the absence of reliable or equivalent data or in exceptional circumstances the Authority may, in close co-operation with the EFTA State(s) concerned, fix a reference/discount rate, for one or more EFTA States, on the basis of a different method and on the basis of the information available to it.

                  (10)

                  Reference and discount rates will be made known by the EFTA Surveillance Authority on the Internet at the following address; www.eftasurv.int

            34.4.   ADOPTION

                  (11)

                  The Chapter 34 will apply from the date of its adoption by the EFTA Surveillance Authority.

         (1)  This Chapter includes the Commission Notice on the method for setting the reference and discount rates (OJ C 273, 9.9.1997, p. 3), as adapted by Commission Notice on technical adaptions to the method for setting the reference and discount rates (OJ C 241, 26.8.1999, p. 9) and Commission Notice on a technical adjustment to the reference and discount rates for Greece (OJ C 66, 1.3.2001, p. 7), the latter two not being EEA relevant.

         (2)  The previous Chapter 34 on reference and discount rates and interest rates to be applied for the recovery of unlawful aid was deleted by EFTA Surveillance Authority Decision No 195/04/COL of 14 July 2004 on the implementing provisions referred to under Article 27 in Part II of Protocol 3 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (not yet published). Amended by Decision No 319/05/COL of 14 December 2005 (not yet published). Decision No 195/04/COL largely corresponds to Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of [ex] Article 93 of the EC Treaty [now Article 88] (OJ L 140, 30.4.2004, p. 1). The previous Chapter 34 incorporated in its part 1 (partially) the Commission Notice on the method for setting the reference and discount rates (see footnote 1) and in its part 2 the Commission Communication on interest rates in the case of recovery of unlawful State aid (OJ C 110, 8.5.2003, p. 21). Decision No 195/04/COL contains, inter alia, provisions on interest rates for the recovery of unlawful aid. However, it does not concern the method for setting the reference and discount rates for purposes other than recovery. In the Community, the reference and discount rates for purposes other than the recovery of unlawful state aid is still governed by the Commission notice on the method for setting the reference and discount rates (see footnote 1). Commission Communication of 30 April 2004 concerning the obsolescence of certain State aid policy documents (OJ C 115, 30.4.2004, p. 1) does not list the Commission Notice on the method for setting the reference and discount rates.

         (3)  See footnote 2.

         (4)  In conjunction with footnote 9 of the EFTA Surveillance Authority Decision No 195/04/COL (see footnote 2).

         (5)  See footnote 2.

         (6)  Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (OJ L 10, 13.1.2001, p. 30), incorporated into Section 1e in Annex XV to the EEA Agreement by EEA Joint Committee Decision No 88/2002 (OJ L 266, 3.10.2002, p. 56 and EEA Supplement No 49, 3.10.2002, p. 42).

         (7)  As this chapter only applies from 15 July 2004, the previous Chapter 34.1 remains in effect as regards calculation of reference/discount rates before that date.


title: Council Decision of 2 December 2004 amending the Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies

text:
               22.12.2004

               EN

               Official Journal of the European Union

               C 317/1

      COUNCIL DECISION

   of 2 December 2004
   amending the Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies
   (2004/C 317/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Article 42(2), Article 10(4) and Article 18 of the Convention on the establishment of a European Police Office (Europol Convention) (1),
   Having regard to the Council Act of 3 November 1998 laying down rules governing Europol's external relations with third States and non-European Union related bodies (2), and in particular Article 2 of that Act,
   Having regard to the Council Act of 3 November 1998 laying down rules governing the receipt of information by Europol from third parties (3), and in particular Article 2 of that Act,
   Having regard to the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (4), and in particular Articles 2 and 3 of that Act,
   Whereas:

               (1)

               Operational requirements and the need to combat in an effective way organised forms of criminality through Europol, require that Australia be added to the list of third States with whom the Director of Europol is authorised to start negotiations.

               (2)

               Council Decision of 27 March 2000 (5) should therefore be amended,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Council Decision of 27 March 2000 is hereby amended as follows:

               In Article 2(1), under the heading ‘Third States’, the following State shall be added to the alphabetical list:

                              ‘—

                              Australia’.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the day following that of its adoption.

      Done at Brussels, 2 December 2004.

            For the Council

            The President

         P. H. DONNER

      (1)  OJ C 316, 27.11.1995, p. 2.

      (2)  OJ C 26, 30.1.1999, p. 19.

      (3)  OJ C 26, 30.1.1999, p. 17.

      (4)  OJ C 88, 30.3.1999, p. 1.

      (5)  OJ C 106, 13.4.2000, p. 1. Decision as last amended by Decision of 13 June 2002 (OJ C 150, 22.6.2002, p. 1).