Ettepanek - COM(2026) 193

EN EN

EUROPEAN COMMISSION

Brussels, 12.5.2026

COM(2026) 193 final

2026/0107 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union, of the Protocol on the

implementation of the Sustainable Fisheries Partnership Agreement between the

European Union and the Republic of Seychelles (2026-2030)

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EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The Sustainable Fisheries Partnership Agreement (SFPA) between the European Union and

Seychelles1 entered into force on 24 February 2020 for a duration of six years and is tacitly

renewable for additional periods of six years.

On the basis of the Council Decision of 23 June 20252 authorising the opening of negotiations

on behalf of the European Union of a new Protocol on the implementation of the Sustainable

Fisheries Partnership Agreement with the Republic of Seychelles, and the negotiating

directives contained therein, the Commission conducted negotiations with the Republic of

Seychelles (hereinafter ‘Seychelles’). Following those negotiations, a Protocol was initialled

by the negotiators on 1 April 2026. The new protocol covers a period of four years from the

date of provisional application set out in Article 19, i.e. the date of signature by the parties.

The purpose of the new Protocol is to grant fishing opportunities to Union vessels in the

fishing zones located in the waters of Seychelles, in accordance with scientific advice and the

recommendations of the relevant regional fisheries management organisation, the Indian

Ocean Tuna Commission (IOTC). The new Protocol provides for the following fishing

opportunities:

- 30 tuna purse seine vessels;

- 8 surface longliners.

Another objective is to enhance cooperation between the Union and Seychelles by

implementing the partnership framework for the Agreement in order to promote a sustainable

fisheries policy and the responsible exploitation of fishery resources in the waters of

Seychelles, in the interest of both parties.

The purpose of this proposal the approval of the conclusion of the new Protocol under

Article 218(6) of the Treaty on the Functioning of the European Union (TFEU).

• Consistency with existing policy provisions in the policy area

The main aim of the new Protocol to the Agreement is to provide an updated framework that

takes into account the priorities of the common fisheries policy (CFP) and the external

dimension. This will help maintain and strengthen the strategic partnership between the

European Union and Seychelles.

The new Protocol provides for fishing opportunities for Union vessels. It is based on the best

available scientific advice and on the recommendations made by the IOTC.

• Consistency with other Union policies

The negotiation of a new protocol to implement the Sustainable Fisheries Partnership

Agreement with Seychelles is part of the EU’s external action towards the countries of the

1 EUR-Lex - 22023A0322(01) - EN - EUR-Lex. 2 Ares(2025)5139411.

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Organisation of African, Caribbean and Pacific States (OACPS), and in particular with the

Union objectives regarding the respect of democratic principles and human rights.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Substantive Legal basis

Given that the main objective and component of the Protocol is fisheries policy, the

substantive legal basis is Article 43(2)TFEU.

Procedural legal basis

In accordance with Article 218(6) TFEU, where the agreement relates to matters outside of

the common foreign and security policy (CFSP), the Council is to adopt a decision concluding

the agreement on a proposal by the Commission as negotiator.

Given that Article 43(2) TFEU is the substantive legal basis, the Council is to adopt the

decision concluding the agreement after obtaining the consent of the European Parliament, in

accordance with Article 218(6), point (a) TFEU.

• Subsidiarity (for non-exclusive competence)

The proposal falls within the exclusive competence of the European Union pursuant to

Article 3(1), point (d), TFEU. The subsidiarity principle therefore does not apply.

• Proportionality

The proposal is proportionate to the objective of establishing a legal, environmental,

economic and social governance framework for fishing activities carried out by Union vessels

in third-country waters, as set out in Article 31 of Regulation (EU) No 1380/2013 establishing

the common fisheries policy. It complies with those provisions and with those on financial

assistance to third countries laid down in Article 32 of that Regulation.

• Choice of the instrument

This proposal for a Council decision is submitted in accordance with Article 218(6) TFEU,

which envisages the adoption by the Council of a decision concluding the agreement. There

exists no other legal instrument that could be used in order to achieve the objective pursued

by this proposal.

3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex post evaluations/fitness checks of existing legislation

In 2025, the Commission carried out an ex post evaluation of the current Protocol to the SFPA

with Seychellesand an ex ante evaluation of a possible renewal of the Protocol. The

conclusions of the evaluation are set out in a separate staff working document3.

The evaluation concluded that the Union fishing sectors are strongly interested in fishing in

Seychelles and that the renewal of the Protocol is in the interest of both parties. Furthermore,

the renewal of the Protocol would help strengthen monitoring, control and surveillance, and

would contribute to improved governance of the fisheries in the region.

3 eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52025SC0136.

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For the Union, it is important to maintain an instrument allowing deep sectoral cooperation

with Seychelles, which is a strategic player at subregional level due to the fishing area under

its jurisdiction and an important ally in the framework of the IOTC. Furthermore, for the

Union fleet this means maintaining access to an important fishing area for the deployment of

harvesting strategies under a multiannual international legal framework. The importance of

Seychelles in terms of processing tuna caught in the Indian Ocean and consequent exports of

tuna products to the Union increases the relevance of the envisaged new Protocol, both for the

Union fishing industry and for the partner country. For the Seychelles authorities, the aim is to

continue relations with the Union with a view, inter alia, to strengthening ocean governance,

thereby benefiting from dedicated sectoral support that provides multiannual funding

opportunities.

• Stakeholder consultations

Member States, industry representatives, international civil society organisations, the fisheries

administration and representatives of civil society in Seychelles were consulted as part of the

assessment.

• Collection and use of expertise

The Commission used an independent consultant for the ex post and ex ante evaluations, in

accordance with Article 31(10) of Regulation (EU) No 1380/2013 establishing the common

fisheries policy.

• Impact assessment

Not applicable.

• Regulatory fitness and simplification

Not applicable.

• Fundamental rights

A clause on the consequences of violations of human rights and democratic principles is

included in the Sustainable Fisheries Partnership Agreement.

4. BUDGETARY IMPLICATIONS

The annual financial contribution amounts to EUR 5 750 000, based on:

(a) an annual amount of EUR 2 750 000, equivalent to a reference tonnage of

55 000 tonnes per year; and

(b) a specific annual sectoral support amount of EUR 3 000 000 to help implement

Seychelles’ sectoral fisheries policy.

The annual amount for commitment and payment appropriations is set during the annual

budgetary procedure, including for the reserve line for protocols not yet in force at the

beginning of the year.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The monitoring arrangements are provided for in the SFPA and the new Protocol.

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• Text of the Agreement and notifications

The text of the Agreement is submitted to the Council together with this proposal.

In accordance with the Treaties, it is for the Commission to proceed to make the notification

provided for in Article 21 of the Protocol, in order to express the consent of the Union to be

bound by the Protocol.

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2026/0107 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union, of the Protocol on the

implementation of the Sustainable Fisheries Partnership Agreement between the

European Union and the Republic of Seychelles (2026-2030)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 43(2) in conjunction with Article 218(6), second paragraph, point (a)(v) 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) In accordance with Council Decision [XXX] of […]4, the Protocol on the

implementation of the Sustainable Fisheries Partnership Agreement between the

European Union and the Republic of Seychelles (2026-2030) (‘the Protocol’) was

signed on […], subject to its conclusion at a later date and has been applied on a

provisional basis since its signing, pending its entry into force.

(2) The aim of the Protocol is to allow Union vessels to fish in Seychelles’ fishing zone,

to enable the Union and Seychelles to work closely together to further promote the

development of a sustainable fisheries policy and the responsible exploitation of

fisheries resources in Seychelles’ fishing zone and in the Indian Ocean. That

cooperation will also contribute to the creation of decent working conditions in the

fishing industry.

(3) The Protocol should be approved.

(4) Article 12 of the Sustainable Fisheries Partnership Agreement between the European

Union and the Republic of Seychelles (the Agreement) establishes a Joint Committee

responsible for monitoring the application of the Agreement and the Protocol. That

committee has the power to approve certain amendments to the Protocol. In order to

facilitate the approval of such amendments, the Commission should be empowered,

subject to substantive and procedural conditions, to approve them on behalf of the

Union under a simplified procedure.

(5) The European Data Protection Supervisor was consulted in accordance with Article 42

of Regulation (EU) 2018/1725 of the European Parliament and of the Council5 and

delivered an opinion on [date].

4 OJ L [2026/…], […/…/2026] 5 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the

protection of natural persons with regard to the processing of personal data by the Union institutions,

bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC)

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HAS ADOPTED THIS DECISION:

Article 1

The Protocol on the implementation of the Sustainable Fisheries Partnership Agreement

between the European Union and the Republic of Seychelles (‘the Protocol’) is hereby

approved.

The text of the Protocol is set out in Annex I.

Article 2

In accordance with the procedure and conditions set out in Annex II to this Decision, the

Commission shall be empowered to approve, amendments to the Protocol adopted by the

Joint Committee established under Article 12 of the Agreement.

Article 3

This Decision shall enter into force on the seventh day following that of its publication in the

Official Journal of the European Union.

Done at Brussels,

For the Council

The President

No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39), ELI:

http://data.europa.eu/eli/reg/2018/1725/oj

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LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................. 3

1.1. Title of the proposal/initiative ...................................................................................... 3

1.2. Policy area(s) concerned .............................................................................................. 3

1.3. Objective(s) .................................................................................................................. 3

1.3.1. General objective(s) ..................................................................................................... 3

1.3.2. Specific objective(s) ..................................................................................................... 3

1.3.3. Expected result(s) and impact ...................................................................................... 3

1.3.4. Indicators of performance ............................................................................................ 3

1.4. The proposal/initiative relates to: ................................................................................. 4

1.5. Grounds for the proposal/initiative .............................................................................. 4

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative ............................................................ 4

1.5.2. Added value of EU involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this section ‘added value of EU involvement’ is the value resulting

from EU action, that is additional to the value that would have been otherwise

created by Member States alone. ................................................................................. 4

1.5.3. Lessons learned from similar experiences in the past .................................................. 4

1.5.4. Compatibility with the multiannual financial framework and possible synergies with

other appropriate instruments ....................................................................................... 5

1.5.5. Assessment of the different available financing options, including scope for

redeployment ................................................................................................................ 5

1.6. Duration of the proposal/initiative and of its financial impact .................................... 6

1.7. Method(s) of budget implementation planned ............................................................. 6

2. MANAGEMENT MEASURES................................................................................... 8

2.1. Monitoring and reporting rules .................................................................................... 8

2.2. Management and control system(s) ............................................................................. 8

2.2.1. Justification of the budget implementation method(s), the funding implementation

mechanism(s), the payment modalities and the control strategy proposed .................. 8

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them............................................................................................................ 8

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between

the control costs and the value of the related funds managed), and assessment of the

expected levels of risk of error (at payment & at closure) ........................................... 8

2.3. Measures to prevent fraud and irregularities ................................................................ 9

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 10

3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s)

affected ....................................................................................................................... 10

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3.2. Estimated financial impact of the proposal on appropriations ................................... 12

3.2.1. Summary of estimated impact on operational appropriations.................................... 12

3.2.1.1. Appropriations from voted budget ............................................................................. 12

3.2.1.2. Appropriations from external assigned revenues ....................................................... 17

3.2.2. Estimated output funded from operational appropriations......................................... 22

3.2.3. Summary of estimated impact on administrative appropriations ............................... 24

3.2.3.1. Appropriations from voted budget .............................................................................. 24

3.2.3.2. Appropriations from external assigned revenues ....................................................... 24

3.2.3.3. Total appropriations ................................................................................................... 24

3.2.4. Estimated requirements of human resources.............................................................. 25

3.2.4.1. Financed from voted budget....................................................................................... 25

3.2.4.2. Financed from external assigned revenues ................................................................ 26

3.2.4.3. Total requirements of human resources ..................................................................... 26

3.2.5. Overview of estimated impact on digital technology-related investments ................ 28

3.2.6. Compatibility with the current multiannual financial framework.............................. 28

3.2.7. Third-party contributions ........................................................................................... 28

3.3. Estimated impact on revenue ..................................................................................... 29

4. DIGITAL DIMENSIONS .......................................................................................... 29

4.1. Requirements of digital relevance .............................................................................. 30

4.2. Data ............................................................................................................................ 30

4.3. Digital solutions ......................................................................................................... 31

4.4. Interoperability assessment ........................................................................................ 31

4.5. Measures to support digital implementation .............................................................. 32

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1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

Proposal for a Council Decision on the conclusion of the Protocol on the

implementation of the Sustainable Fisheries Partnership Agreement (SPFA) between

the European Union and the Republic of Seychelles (2026-2030).

1.2. Policy area(s) concerned

08 – Agriculture and maritime policy

08.05 – Sustainable fisheries partnership agreements (SFPAs) and regional fisheries

management organisations (RFMOs)

08.05.01 – Establishing a governance framework for fishing activities carried out by

Union fishing vessels in third-country waters.

1.3. Objective(s)

1.3.1. General objective(s)

The negotiation and conclusion of Sustainable Fisheries Partnership Agreements

(SFPAs) with third countries meets the general objective of allowing Union fishing

vessels access to third country fishing grounds and developing a partnership with

these countries with a view to strengthening the sustainable exploitation of fisheries

resources outside Union waters.

The SFPAs also ensure consistency between the principles governing the Common

Fisheries Policy and the commitments enshrined in other European policies such as

sustainable exploitation of third-country resources, combating illegal, unreported and

unregulated (IUU) fishing, integration of partner countries into the global economy,

contribution to sustainable development in all its dimensions, as well as better

governance of fisheries at political and financial level.

1.3.2. Specific objective(s)

Specific objective No 1

Contribute to sustainable fisheries in waters outside the Union, maintain a European

presence in distant water fisheries and protect the interests of the European fishing

industry and consumers, by negotiating and concluding SFPAs with coastal states, in

coherence with other European policies.

1.3.3. Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

The conclusion of the implementing Protocol allows the strategic partnership in the

field of fisheries between the European Union and Seychelles to be continued and

strengthened. The conclusion of the Protocol will create fishing opportunities for

Union vessels in Seychelles’ fishing zone.

The Protocol will also contribute to better management and conservation of fisheries

resources, through financial support (sectoral support) for the implementation of

programmes adopted at national level by the partner country, in particular the global

plan for fisheries, the monitoring of and fight against illegal fishing, and support for

the small-scale fishing sector.

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Finally, the Protocol will contribute to the sustainable exploitation by Seychelles of

its marine resources, as well as to the Seychelles’ fisheries economy, by promoting

growth linked to fisheries-related economic activities and the establishment of decent

working conditions.

1.3.4. Indicators of performance

Specify the indicators for monitoring progress and achievements.

Utilisation rate of fishing opportunities (annual percentage of fishing authorisations

used in relation to the availability offered by the Protocol).

Catch data (collection and analysis) and commercial value of the agreement.

Creation of added value in the Union and the stabilisation of the Union market

(aggregated with other SFPAs).

Contribution to improving research, monitoring and control of fishing activities by

the partner country and the development of its fisheries sector, particularly small-

scale fisheries.

1.4. The proposal/initiative relates to:

x a new action

a new action following a pilot project / preparatory action6

the extension of an existing action

a merger or redirection of one or more actions towards another/a new action

1.5. Grounds for the proposal/initiative

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative

It is foreseen that the new implementing Protocol will apply provisionally from the

date of signature in order to reduce the time during which fishing operations are not

possible.

The new Protocol will regulate the fishing activities of the Union fleet in Seychelles’

fishing zone and will authorise the owners of Union vessels to apply for fishing

authorisations to fish in that zone.

In addition, the new Protocol will strengthen cooperation between the EU and

Seychelles with a view to promoting the development of a sustainable fisheries

policy in all its dimensions. It provides, in particular, for vessels to be monitored via

VMS and for the electronic transmission of catch data.

The sectoral support available under the Protocol will help Seychelles in the

framework of its national fisheries strategy, including the fight against IUU fishing,

while promoting decent working conditions during fishing activities..

Implementation will start upon signature and for a duration of four years.

6 As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.

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1.5.2. Added value of EU involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this section ’added value of EU involvement’ is the value resulting

from EU action, that is additional to the value that would have been otherwise

created by Member States alone.

If the Union did not conclude a new Protocol, Union vessels would not be able to

carry out their fishing activities, given that the current agreement includes a clause

excluding fishing activities that do not take place within the framework defined by a

Protocol to the agreement.

The added value for the Union’s distant water fleet is therefore clear. The Protocol

also provides a framework for enhanced cooperation between the Union and

Seychelles.

1.5.3. Lessons learned from similar experiences in the past

Analysis of historical catches in Seychelles’ fishing zone and available scientific

assessments and advice led the Parties to set fishing opportunities for 30 tuna purse

seine vessels and 8 surface longliners. Sectoral support is important in order to take

into account the priorities of the national strategy for fisheries and the exploitation of

natural resources.

1.5.4. Compatibility with the multiannual financial framework and possible synergies with

other appropriate instruments

The funds allocated as financial compensation for access to the SFPA constitute

fungible revenue to Seychelles’ national budget. However, funds intended for

sectoral support are allocated (generally by inclusion in the annual budget law) to the

Ministry responsible for fisheries, as a condition for the conclusion and monitoring

of SFPAs. These financial resources are compatible with other sources of funding

from other providers of international funding for projects and/or programmes to be

carried out at national level in the fisheries sector.

1.5.5. Assessment of the different available financing options, including scope for

redeployment

Not applicable.

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1.6. Duration of the proposal/initiative and of its financial impact

limited duration

–  in effect from a period of four years from the date of the signature.

–  financial impact of four years from the date of the signature for commitment

appropriations and four years and six months from the date of the signature for payment

appropriations.

unlimited duration

– Implementation with a start-up period from YYYY to YYYY,

– followed by full-scale operation.

1.7. Method(s) of budget implementation planned

Direct management by the Commission

–  by its departments, including by its staff in the Union delegations;

–  by the executive agencies

Shared management with the Member States

Indirect management by entrusting budget implementation tasks to:

–  third countries or the bodies they have designated

–  international organisations and their agencies (to be specified)

–  the European Investment Bank and the European Investment Fund

–  bodies referred to in Articles 70 and 71 of the Financial Regulation

–  public law bodies

–  bodies governed by private law with a public service mission to the extent that they

are provided with adequate financial guarantees

–  bodies governed by the private law of a Member State that are entrusted with the

implementation of a public-private partnership and that are provided with adequate financial

guarantees

–  bodies or persons entrusted with the implementation of specific actions in the

common foreign and security policy pursuant to Title V of the Treaty on European Union, and

identified in the relevant basic act

– bodies established in a Member State, governed by the private law of a Member

State or Union law and eligible to be entrusted, in accordance with sector-specific rules, with

the implementation of Union funds or budgetary guarantees, to the extent that such bodies are

controlled by public law bodies or by bodies governed by private law with a public service

mission, and are provided with adequate financial guarantees in the form of joint and several

liability by the controlling bodies or equivalent financial guarantees and which may be, for

each action, limited to the maximum amount of the Union support.

Comments

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2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

The Commission (DG MARE, in collaboration with its Fisheries Attaché responsible

for Seychelles, and in coordination with the relevant Commission departments) will

ensure regular monitoring of the implementation of the Protocol as regards the use of

fishing opportunities by operators, catch data and compliance with the conditions for

sectoral support.

In addition, the SFPA provides for at least one annual meeting of the Joint

Committee during which the Commission and Seychelles will review the

implementation of the Agreement and its Protocol and make any necessary

adjustments to programming and, where appropriate, to the financial contribution.

2.2. Management and control system(s)

2.2.1. Justification of the budget implementation method(s), the funding implementation

mechanism(s), the payment modalities and the control strategy proposed

Payments are implemented in a decoupled manner for the access counterparty and

the sectoral support counterparty.

Payments relating to access are made each year not later than the anniversary date of

the Protocol, except in the first year, when payment is made within three months of

the start of provisional application. Vessel access is controlled by the issuing of

fishing authorisations.

Payment of the sectoral support will be made the first time within 30 days after the

Joint Committee adopts the multiannual sectoral programme; for subsequent years,

payment will be subject to the results achieved. The results achieved and the rate of

implementation will be monitored in accordance with the implementing rules

detailed in the Appendix 6 to the Annex to the Protocol and on the basis of reports or

documentary evidence provided by the partner country and evaluations and

verifications carried out by the Fisheries Attaché

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them

The risk identified is an under-utilisation of fishing opportunities by Union

shipowners and under-utilisation or delays in the use of funds intended to finance the

sectoral fisheries policy by Seychelles. Extensive dialogue is planned on the

programming and implementation of the sectoral policy laid down in the Agreement

and the Protocol. The joint monitoring of results referred to in the Appendix 6 to the

Annex to the Protocol is also one of these means of control. In addition, the

Agreement and the Protocol contain specific clauses for their suspension, on certain

conditions and in given circumstances.

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between

the control costs and the value of the related funds managed), and assessment of the

expected levels of risk of error (at payment & at closure)

Payments of access costs under Sustainable Fisheries Partnership Agreements

(SFPAs) are subject to checks to ensure that they comply with the provisions of

international agreements. Controls relating to sectoral support aim to monitor the

implementation of this support. Monitoring is carried out by Commission staff based

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in EU delegation and at meetings of the Joint Committee. A multiannual

programming matrix is used to assess progress. If progress is insufficient, payment of

the next instalment is suspended or reduced. It is estimated that the overall cost of

controls on all SFPAs is around 1.8% (of all contributions in 2018). SFPA control

procedures are largely based on essential regulatory requirements. If no deficiencies

are detected that are likely to have a significant impact on the legality and regularity

of financial transactions, the controls are considered to be effective.

2.3. Measures to prevent fraud and irregularities

The Commission undertakes to establish a political dialogue and regular

consultations with Seychelles in order to improve the management of the Agreement

and the Protocol and to strengthen the Union's contribution to the sustainable

management of resources. Any payment made by the Commission under a SFPA is

subject to the Commission's normal budgetary and financial rules and procedures. In

particular, the bank accounts of the third countries to which the amounts of the

financial contribution are paid shall be fully identified. Article 4 of the Protocol

stipulates that the financial contribution for access and that for developing the sector

must be paid into the Seychelles' Government consolidated account with Treasury..

Provisions on the recovery of unduly paid sectoral support funds are included in the

Appendix 6 to the Annex to the Protocol.

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3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1. Heading(s) of the multiannual financial framework and expenditure budget

line(s) affected

• Existing budget lines

In order of multiannual financial framework headings and budget lines.

Heading of multiannual

financial framework

Budget line Type of

expenditure Contribution

Number

Diff./Non-

diff.7

from

EFTA

countries8

from

candidate

countries

and

potential

candidates9

From

other

third

countries

other assigned

revenue

Establishing a

governance

framework for

fishing activities

carried out by Union

fishing vessels in

third-country waters

08.05.01

Diff. NO NO NO NO

7 Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 8 EFTA: European Free Trade Association. 9 Candidate countries and, where applicable, potential candidates from the Western Balkans.

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3.2. Estimated financial impact of the proposal on appropriations

3.2.1. Summary of estimated impact on operational appropriations

–  The proposal/initiative does not require the use of operational appropriations

–  The proposal/initiative requires the use of operational appropriations, as explained below

3.2.1.1. Appropriations from voted budget

EUR million (to three decimal places)

Heading of multiannual financial framework Number 3 Natural resources and environment

DG: MARE Year Year Year Year TOTAL MFF

2026-2029 2026 2027 2028 2029

Operational appropriations

Budget line 08.05.01 Commitments (1a) 5 750 5 750 5 750 5 750 23 000

Payments (2a) 5 750 5 750 5 750 5 750 23 000

Appropriations of an administrative nature financed from the envelope of specific programmes

Budget line (3)

TOTAL appropriations

for DG MARE

Commitments =1a+1b+3 5 7505 7505 7505 750 23 000

Payments =2a+2b+3 5 7505 7505 7505 750 23 000

Year Year Year Year TOTAL MFF

2026-2029 2026 2027 2028 2029

TOTAL operational appropriations

Commitments (4) 5 750 5 750 5 750 5 750 23 000

Payments (5) 5 750 5 750 5 750 5 750 23 000

TOTAL appropriations of an administrative nature financed

from the envelope for specific programmes (6)

0 000 0 000 0 000 0 000 0 000

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TOTAL appropriations under

HEADING 3 Commitments =4+6 5 7505 7505 7505 750

23 000

of the multiannual financial framework Payments =5+6 5 7505 7505 7505 750 23 000

Year Year Year Year TOTAL MFF

2026-2029 2026 2026 2028 2029

• TOTAL operational appropriations (all

operational headings)

Commitments (4) 5 750 5 750 5 750 5 750 23 000

Payments (5) 5 750 5 750 5 750 5 750 23 000

• TOTAL appropriations of an administrative nature financed

from the envelope for specific programmes (all operational

headings)

(6)

0 000 0 000 0 000 0 000 0 000

TOTAL appropriations Under

Heading 3 to 7 Commitments =4+6 5 7505 7505 7505 750

23 000

of the multiannual financial framework

(Reference amount) Payments =5+6 5 7505 7505 7505 750

23 000

Heading of multiannual financial framework 7 ‘Administrative expenditure’

TOTAL appropriations under HEADING 7 of the multiannual financial

framework

(Total

commitments

= Total

payments)

0 0000 0000 0000 0000 000

EUR million (to three decimal places)

Year Year Year Year TOTAL MFF

2026-2029 2026 2027 2028 2029

TOTAL appropriations under HEADINGS 3 to 7 Commitments 5 7505 7505 7505 750 23 000

of the multiannual financial framework Payments 5 7505 7505 7505 750 23 000

EN 12 EN

3.2.2. Estimated output funded from operational appropriations (not to be completed for decentralised agencies)

Commitment appropriations in EUR million (to three decimal places)

Indicate

objectives and

outputs



Year 2026

Year 2027

Year 2028

Year 2029

TOTAL

Type10

Avera

ge

cost

N o

Cost N o

Cost N o

Cost N o

Cost Total

No

Total

cost

SPECIFIC OBJECTIVE No 111…

Access 2 750 2 750 2 750 2 750 2 750 2 750 2 750 11 000

Sectoral support 3 000 3 000 3 000 3 000 3 000 3 000 3 000 12 000

Subtotal for specific objective No 1 5 750 5 750 5 750 5 750 5 750 5 750 5 750 23 000

TOTALS 5 750 5 750 5 750 5 750 5 750 5 750 5 750 23 000

10 Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.). 11 As described in Section 1.3.2. ‘Specific objective(s)’

EN 13 EN

3.2.3. Summary of estimated impact on administrative appropriations

–  The proposal/initiative does not require the use of appropriations of an

administrative nature

–  The proposal/initiative requires the use of appropriations of an administrative

nature, as explained below

The appropriations required for human resources and other expenditure of an administrative nature

will be met by appropriations from the DG that are already assigned to management of the action

and/or have been redeployed within the DG, together, if necessary, with any additional allocation

which may be granted to the managing DG under the annual allocation procedure and in the light of

budgetary constraints.

3.2.4. Estimated requirements of human resources

–  The proposal/initiative does not require the use of human resources

–  The proposal/initiative requires the use of human resources, as explained

below

3.2.5. Overview of estimated impact on digital technology-related investments

The digital solutions used for the implementation of the Protocol already exist and

are already being implemented for the previous Protocol and other fisheries

agreements, as well as the implementation of Regulations 1224/2009 and 2403/2017.

Investments in maintaining and improving the functionality of these digital tools are

not specific to this Protocol

3.2.6. Compatibility with the current multiannual financial framework

The proposal/initiative:

–  can be fully financed through redeployment within the relevant heading of the

multiannual financial framework (MFF)

The proposal/initiative is compatible the current multiannual financial framework.

The use of the reserve line 30.020200 is foreseen for the amounts mentioned in

paragraph 3.2.5.

–  requires use of the unallocated margin under the relevant heading of the MFF

and/or use of the special instruments as defined in the MFF Regulation

–  requires a revision of the MFF

3.2.7. Third-party contributions

The proposal/initiative:

–  does not provide for co-financing by third parties

–  provides for the co-financing by third parties estimated below:

Appropriations in EUR million (to three decimal places)

Year 2024

Year 2025

Year 2026

Year 2027

Total

Specify the co-financing body

TOTAL appropriations co-

financed

EN 14 EN

3.3. Estimated impact on revenue

–  The proposal/initiative has no financial impact on revenue.

–  The proposal/initiative has the following financial impact:

–  on own resources

–  on other revenue

–  please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

Budget revenue line:

Appropriations

available for the

current financial

year

Impact of the proposal/initiative12

Year 2024 Year 2025 Year 2026 Year 2027

Article ………….

For assigned revenue, specify the budget expenditure line(s) affected.

Other remarks (e.g. method/formula used for calculating the impact on revenue or

any other information).

4. DIGITAL DIMENSIONS

4.1. Requirements of digital relevance

Reference to the requirement Requirement description

Use of

digital

technology

Vessel position data (Article 12,

Chapter IV and Appendix 4 of the

Annex to the Protocol)

The vessel must be equipped with a

vessel monitoring device and provide

information identifying the vessel, its

position, course and speed at regular

intervals (VMS data).

VMS

Electronic fishing logbooks

(Chapter IV and Appendix 4 of the

Annex to the Protocol)

The master must record catch data on

a daily basis in an electronic fishing

logbook integrated into an electronic

recording and reporting system

(ERS).

ERS

Requests for authorisation of

vessels (Chapter I of the Annex to

A database of authorisations is used

to apply for the fishing authorisation LICENSE

12 As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net

amounts, i.e. gross amounts after deduction of 20% for collection costs.

EN 15 EN

the Protocol) from the partner country

Daily data transmission (Chapter IV

and Appendix 4 of the Annex to the

Protocol)

Electronic logbook data shall be

transmitted automatically and on a

daily basis to the Fisheries

Monitoring Centre (FMC) of the flag

State.

ERS

Entries into and exits from the

fishing zone, prior notifications and

landing and transhipment

declarations (Chapter IV, and

Appendix 4 of the Annex to the

Protocol)

Recording and transmission of each

entry into and exit from the fishing

zone via the ERS or other electronic

means of communication.

ERS

Quarterly aggregated data (Chapter

III of the Annex to the Protocol)

The flag State shall provide the

European Commission with the

aggregated quantities of catches and

discards on a quarterly basis.

ECR

Data protection (Article 11 and

Appendix 7 of the Annex to the

Protocol)

Data on fishing activities shall be

treated in a confidential and secure

manner.

4.2. Data

Alignment with the European Data Strategy

Explanation of how the requirement(s) are aligned with the European Data Strategy

The key reporting requirements are based on digital technology, in particular through the

Vessel Monitoring System (VMS, which transmits vessel positions and identification) and

the daily automatic transmission of electronic logbooks (ERS, which transmits its

identified, localised and quantified catches). The quarterly and annual aggregated catch

reports use an implicit numerical database for data aggregation (ECR database) fed by the

flag Member States. Data protection and privacy:

• The agreement stresses the importance of protecting personal data. The specified

measures shall ensure that data shared for fishing activities are processed safely, in

compliance with GDPR requirements and in line with the strategy’s objective of creating

a secure and competitive digital economy.

Data sharing and transparency:

• The agreement encourages data sharing between Seychelles and the EU, promoting

transparency and accountability in fishing activities. This reflects the objective of the

European Data Strategy to improve access to and use of data, facilitating better decision-

making and resource management.

Alignment with the once-only principle

Explanation of how the once-only principle has been considered and how the possibility

to reuse existing data has been explored

Consideration of the Only Once Principle

EN 16 EN

• The ‘only once’ principle is not mentioned, but the information is provided by operators

only once to the public authorities, in accordance with the flag State’s principle of

responsibility: it collects data from vessels and keeps it in VMS and ERS databases,

which can be used for various parties, minimises redundancy and administrative burden,

making it possible to use the same data to meet several reporting requirements to the

different authorities.

Explanation of how newly created data is findable, accessible, interoperable and

reusable, and meets high-quality standards

FAIR principles: Findable, Accessible, Interoperable, and ReusableEasy to find:

• The introduction of electronic reporting systems ensures that data is catalogued and

searchable in a systematic manner, helping to make the data easy to find. Automated

systems such as ERS allow for structured data archiving, which is consistent with the ease

of finding FAIR principles. Accessibility: • Data must be accessible to authorised entities

through secure digital platforms, allowing real-time sharing and minimising unnecessary

barriers. This controlled accessibility ensures that the right actors have access to

information as necessary, in line with the FAIR principles. Interoperability: • The use of

the UN/FLUX format for data exchange improves interoperability. This standardisation

allows different systems to share and use data smoothly, meeting one of the core

objectives of the FAIR principles. Reusability:

• By specifying quality standards and secure data management in the Protocol, data are

more likely to be of high quality and thus reusable for different objectives such as

scientific research, policy development and fisheries management. Ensuring high data

quality and compliance with international standards supports their re-use in various

contexts, thus respecting the reusability aspect of the FAIR principles.

• In summary, the requirements of the Protocol are aligned with the European Data

Strategy through enhanced data protection, increased sharing and implementation of digital

systems. They consider the ‘only once’ principle by reducing redundant data submissions

and align themselves with the FAIR principles to ensure that data is well managed for a

wide range of purposes.

4.3. Digital solutions

The main digital solutions used are VMS, ERS, LICENCE and ECR, which are existing

digital solutions for fisheries control put in place by the European Commission and used by

the flag Member States. • The data identified in 4.1 are usually exchanged by these digital

solutions between a vessel (EU operator) and its flag State, and then between the EU and

the partner country (notably between fisheries monitoring centres, which are state control

bodies). • Aggregated data are derived from operators’ declarations to the flag Member

State, which reprocess them and feed into a European Commission database (Effort and

Catch Reporting, ECR).• Applications for fishing authorisations sent to the partner country

involve data from a Fleet database (EU fishing register) and a LICENCE database, which

are then transmitted by the European Commission to the partner country. What measures

are in place to protect digitally transmitted data? The Protocol specifies the need for secure

and confidential treatment of data (Article 11 and Appendix 7)Is there a plan to address

failures in digital systems? Yes, provision is made for alternative communication methods

in case of system failure to ensure continuity of reporting (Annex, Chapter IV).

EN 17 EN

4.4. Interoperability assessment

4.5. Measures to support digital implementation

Implementation support is provided by the European Commission.

The use of the UN/FLUX format for data exchange improves interoperability. This

standardisation allows different systems to share and use data smoothly.

EN EN

EUROPEAN COMMISSION

Brussels, 12.5.2026

COM(2026) 193 final

ANNEX

ANNEX

to the

Proposal for a Council Decision

on the conclusion, on behalf of the European Union, of the Protocol on the

implementation of the Sustainable Fisheries Partnership Agreement between the

European Union and the Republic of Seychelles (2026-2030)

EN 1 EN

ANNEX

PROTOCOL ON THE IMPLEMENTATION OF THE SUSTAINABLE FISHERIES

PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE

REPUBLIC OF SEYCHELLES (2026‐2030)

Article 1

Objective

The purpose of this Protocol is to implement the provisions of the Sustainable Fisheries

Partnership Agreement ("the Agreement") between the European Union ("the Union") and the

Republic of Seychelles ("Seychelles"). This Protocol includes an Annex and its Appendices.

Article 2

Seychelles’ fishing zones

(1) The designation of Restricted Fishing Zones, within which fishing and all related

activities are prohibited, shall be as prescribed by, and delineated through the

coordinates set out in the Fisheries and Aquaculture Act, 2025 and any other

applicable laws or regulations of Seychelles.

(2) Union vessels shall carry out fishing activities in waters beyond 12 nautical miles from

the baseline, subject to paragraph 1 of this Article.

(3) Seychelles shall inform operators and the Union of the boundaries of areas which are

closed to fishing when issuing the fishing authorisation. Any changes to these zones as

provided by paragraph 1 shall be notified to the Union without delay before entry into

force.

Article 3

Period of application and fishing opportunities

(1) For a period of four years from the date of commencement of the provisional

application of this Protocol, the fishing opportunities granted under Article 5 of the

Agreement shall be as follows:

(a) 30 tuna purse seine vessels;

(b) 8 surface longliners.

(2) Support vessels shall be authorised subject to the conditions set out in the Annex and

in accordance with the relevant Indian Ocean Tuna Commission (IOTC) resolutions.

(3) The fishing opportunities shall apply solely to highly migratory species listed in Annex

1 to the United Nations Convention on the Law of the Sea (UNCLOS), excluding:

(a) sharks belonging to the families Alopiidae and Sphyrnidae;

(b) shark species Cetorhinus maximus, Rhincodon typus, Carcharodon carcharias,

Carcharhinus falciformis and Carcharhinus longimanus;

EN 2 EN

(c) rays belonging to the family Mobulidae; and

(d) any other species protected or prohibited under the laws of Seychelles, the

framework of the IOTC or other international agreements.

(4) Paragraph 1 of this Article shall apply subject to Articles 7 and 8.

(5) Pursuant to Article 5 of the Agreement, Union vessels may engage in fishing activities

in the Seychelles fishing zone only if they are in possession of a valid fishing

authorisation issued under this Protocol in accordance with Appendix 1 to the Annex

on information to be provided when applying for a fishing authorisation.

Article 4

Financial components

(1) For the duration of this Protocol, the total annual financial amount paid by the Union

is EUR 5 750 000. The financial components shall be made of:

(a) an annual amount of EUR 2 750 000 corresponding to the Union financial

components referred to Article 8(1)(a) of the Agreement, equivalent to a

reference tonnage of 55 000 tonnes per year; and

(b) a specific sectoral support annual amount of EUR 3 000 000 to contribute to

the implementation of Seychelles’ sector fisheries policy.

(2) In addition, operators shall pay an annual financial amount for their vessels to access

Seychelles’ fishing zone, comprising the following: advance payments, additional

fees per tonne of fish caught, where applicable, and a specific fee dedicated to

environmental management and observation of marine ecosystems in Seychelles

waters, in accordance with Chapter 1 of the Annex.

(3) Paragraph 1 and 2 of this Article shall apply subject to Articles 5, 7, 8 and 15.

(4) Notwithstanding Article 14 of this Protocol, the Union shall pay the total amount

referred to in (1)(a) of this Article each year during the period of application of this

Protocol.

(5) The payments of the amount referred to in (1)(a) of this Article shall be made not

later than 90 days after the date of the provisional application, and not later than the

anniversary date of this Protocol for the following years.

(6) The payments of the amount referred to in (1)(b) of this Article shall be in

accordance with the provisions set out in Appendix 6 to the Annex.

(7) The Parties shall monitor the fishing activities of the Union fishing vessels in relation

to the annual reference tonnage indicated in (1)(a) of this Article.

(8) If the annual tonnage of catches by the Union vessels in the Seychelles fishing zone

exceeds the annual reference tonnage indicated in (1)(a) of this Article, the total

amount of the financial contribution to be paid by the Union shall be increased by

EUR 50 for each additional ton caught.

(9) The total annual amount to be paid by the Union shall not be more than twice the

amount provided for in (1)(a) of this Article. Where the tonnage caught by the Union

vessels exceed the tonnage corresponding to twice the total amount of the annual

EN 3 EN

payment from the Union, the amount due for the tonnage exceeding that limit shall

be paid in the following year.

(10) Seychelles shall have full discretion regarding the use of the financial component

provided for in (1)(a) of this Article.

(11) The financial components provided for in (1)(a)(b) and (2) of this Article shall be

paid into the Seychelles' Government consolidated account with Treasury. The

associated bank transfer costs shall be borne by the provider. Seychelles shall notify

the Union of the details of the bank account or accounts at least 20 days before the

provisional application of the Protocol and then on an annual basis.

(12) Actions and projects financed by the sectoral support referred to in (1)(b) of this

Article, may be audited by the European Commission and the European Court of

Auditors and investigated by the European Anti-Fraud Office (OLAF).

(13) The European Commission may recover the financial components paid under this

Protocol in the following cases and where no agreement has been reached at the Joint

Committee regarding the possible settlement of the case:

(a) If access is not granted by Seychelles to Union vessels in accordance with the

provisions of this Protocol;

(b) If the sectoral support activities are not implemented or not implemented in

accordance with the provisions set out in Appendix 6 to the Annex.

(14) The Seychelles shall provide all necessary assistance for the recovery of funds.

Article 5

Sectoral support

(1) With a view to further strengthen responsible and sustainable fisheries, the objectives

of the multiannual sectoral programme shall be based on areas of actions reflecting

the priorities of Seychelles national fisheries policy, and other related policies having

an impact on the following areas:

(a) support and management measures for fisheries, including small-scale fisheries

and aquaculture;

(b) promotion of scientific cooperation;

(c) enhance the socio-economic wellbeing and safeguard the welfare of current

and future generations;

(d) sanitary and quality management in the fisheries sector and also to support

domestic and export capacities;

(e) fisheries monitoring, control and surveillance and the fight against illegal,

unreported and unregulated (IUU) fishing;

(f) promotion of human resource development and cooperation;

(g) support infrastructural and other relevant actions for the development of

domestic fisheries.

(2) The implementing provisions for the sectoral support are set out in Appendix 6 to the

Annex.

EN 4 EN

Article 6

Scientific and technical cooperation on responsible fisheries

(1) The Parties hereby undertake to promote responsible fisheries in the Seychelles

fishing zone based on the principle of non-discrimination between the different fleets

fishing in those waters.

(2) During the period of application of this Protocol, the Union and Seychelles shall

endeavour to monitor the state of fishery resources covered by this Protocol.

(3) The Parties shall also exchange relevant statistical, biological, conservation and

environmental information as may be required for the purpose of managing and

conserving the marine living resources.

(4) The Parties shall comply with the applicable resolutions and endeavour to implement

recommendations of the IOTC regarding conservation and responsible management

of fisheries.

(5) Based on the resolutions and recommendations of the IOTC and the best available

scientific advice, the Parties may consult each other within the Joint Committee to

agree on additional measures to ensure sustainable management of Seychelles'

fisheries resources.

Article 7

Review of fishing opportunities and revision of this Protocol

(1) As provided for by the Agreement, the Joint Committee may review the fishing

opportunities referred to in Article 3(1)(a)(b) of this Protocol. Those fishing

opportunities may be adjusted by mutual agreement within the Joint Committee

insofar as the applicable resolutions and recommendations of the IOTC support that

such an adjustment will secure the sustainable management of tuna and tuna-like

species in the Indian Ocean.

(2) In this case the financial component referred to in Article 4(1)(a) of this Protocol

shall be adjusted proportionately and pro rata temporis. Nonetheless, the total annual

amount paid by the Union shall not be more than twice the figure indicated in Article

4(1)(a) of this Protocol.

Article 8

Exploratory fishing and new fishing opportunities

(1) At the request of one of the Parties, the Joint Committee may consider the possibility

of exploratory fishing campaigns in the Seychelles fishing zone with a view to test

the technical feasibility and economic viability of new fisheries not provided for in

Article 3 of this Protocol. To that end, the Joint Committee shall determine on a case-

by-case basis the species, the conditions and any other relevant parameters. The

authorisations for exploratory fishing shall be agreed for a maximum period of six

months, which may be renewed with the agreement of both Parties.

EN 5 EN

(2) Taking into account best available scientific advice and on the basis of the results of

the exploratory fishing campaigns, if the Union becomes interested in new fishing

opportunities, the Joint Committee shall convene to discuss and prescribe the

conditions applicable to such new fishing activities.

(3) Following authorisation by Seychelles for the new fishing activities referred to in

paragraph 2, the Joint Committee shall make corresponding amendments to this

Protocol.

Article 9

Overall fishing effort in Seychelles waters and transparency

(1) In accordance with the principle of transparency, Seychelles shall make available to

the Union, within the framework of the Joint Committee, information relating to any

agreement authorising access by tuna vessels, other than the Union vessels, to

Seychelles’ fishing zone and the list of the tuna vessels thereby authorised.

(2) In accordance with the principle of non-discrimination, Seychelles undertakes to

apply the same technical and conservation measures to any foreign industrial tuna

fleets operating in Seychelles’ fishing zone that have the same characteristics and

target the same species as those covered by this Protocol.

(3) The Parties agree to collect information on beneficial owners of fishing vessels of

similar characteristics and targeting the same species as those covered by the

Protocol, and which are active in the waters under their jurisdiction. A beneficial

owner is any natural person who ultimately owns or controls a legal entity.

Article 10

Employment of fishers on board Union vessels

(1) The employment and work conditions of fishers on board Union vessels shall not be

contrary to the instruments applicable to fishers of the International Labour

Organisation (ILO) and the International Maritime Organisation (IMO), in particular

the ILO Declaration on Fundamental Principles and Rights at Work (1998), as

amended in 2022, and the ILO Conventions ratified by both parties. This includes

respect for freedom of association and effective recognition of workers' right to

collective bargaining, elimination of forced and child labour, elimination of

discrimination in respect of employment and occupation, and a safe and healthy

working environment and decent living and working conditions on board Union

vessels.

(2) The implementing provisions for the employment of fishers on board Union vessels

are set out in the Annex.

Article 11

Confidentiality and data protection

(1) Seychelles and the Union shall ensure that data exchanged under the Agreement and

this Protocol are used by their respective competent authorities solely for the purpose

EN 6 EN

of implementing the Agreement and, in particular, for management purposes and for

fisheries monitoring, control and surveillance.

(2) The Parties undertake to ensure that all commercially sensitive and personal data

relating to Union vessels and their fishing activities obtained under the Agreement, as

well as all commercially sensitive information relating to the communication systems

used by the Union, are treated as confidential. The Parties shall ensure that only

aggregated data relating to fishing activities in the Seychelles fishing zone are made

public.

(3) Personal data must be processed lawfully, fairly and in a transparent manner in

relation to the data subject.

(4) Personal data exchanged under the Agreement shall be processed in accordance with

the provisions set out in Appendix 7 to the Annex to this Protocol. Further safeguards

and legal remedies in relation to personal data and data subjects’ rights may be

established by the Joint Committee.

(5) Data exchanged under the Agreement shall continue to be processed in accordance

with this Article and Appendix 7 to the Annex at least five years after the expiry of

this Protocol.

Article 12

Electronic data exchanges

(1) Seychelles and the Union shall use secure IT systems that automate the real-time

exchange of data on authorisations and activities by the Union vessels, or electronic

exchanges in accordance with the provision of this Protocol.

(2) The Union shall ensure regular transmission of the following data to Seychelles:

(a) as regards the activities of Union vessels in Seychelles’ fishing zone:

– vessel positions, in accordance with the provisions laid down for the vessel

monitoring system (VMS) referred to in Section 4, Chapter IV of the Annex;

– catches by the Union vessels as referred to in Chapter III of the Annex;

– entry and exit notifications from Seychelles’ fishing zone for the Union vessels

as referred to in Section 1, Chapter IV of the Annex.

(b) as regards ports in Seychelles:

– prior notifications of transhipment and declarations of transhipment for the

Union vessels as referred to in Section 2, Chapter IV of the Annex.

– prior notifications of return to port and landing declarations for the Union

vessels as referred to in Section 2, Chapter IV of the Annex.

(3) The electronic version of any document transmitted by the parties shall be considered

equivalent to the paper version in every respect.

(4) Seychelles and the Union shall notify each other without delay of any malfunction of

the IT systems referred to in paragraph 1.

(5) The data transmission arrangements, including provisions on continuity of data

exchange, are set out in the Annex to this Protocol.

EN 7 EN

(6) The Parties shall start transmitting Electronic Reporting System (ERS) data as

referred to in Chapter III of the Annex.

Article 13

Functions of the Joint Committee

(1) In addition to the function set out in Article 12 of the Agreement, the Joint

Committee may deliberate or take decisions by exchange of letters.

(2) In addition to the function set out in Article 12 of the Agreement, the Joint

Committee may take decisions on additional safeguards for the protection of personal

data provided for in Article 11.

(3) Decisions taken by the Joint Committee shall be recorded in minutes signed by the

Parties.

Article 14

Suspension and review of the payment of the financial components

Notwithstanding Article 16 of this Protocol, the financial components referred to in Article

4(1)(a)(b) of this Protocol shall be suspended or reviewed after consultation between the two

Parties provided that the Union has paid in full any amounts due at the time of suspension:

– if exceptional circumstances, other than natural phenomena, prevent fishing

activities in the Seychelles fishing zone;

– following significant changes in the policy of any of the Parties affecting the

relevant provisions of this Protocol;

– if the Union ascertains a breach of essential and fundamental elements on

human rights as laid out by Article 9 of the Partnership Agreement between the

members of the African, Caribbean and Pacific Group of States of the one part,

and the European Community and its Member States, of the other part, as last

amended ("the Cotonou Agreement") and following the procedure set out in

Articles 8 and 96 thereof. In this case, all fishing activities of the Union vessels

shall be suspended.

– triggering of the mechanisms provided for in Article 101(6)(7) of the Samoa

Agreement in the event of violation of the essential elements or in serious cases

of corruption as defined by that Agreement;

– a major and unresolved dispute between the Parties on the application or

interpretation of the Protocol.

Article 15

Mid-term Review

The Parties may decide to conduct a mid-term review to assess the functioning and

effectiveness of this Protocol.

EN 8 EN

Article 16

Suspension

This Protocol may be suspended at the initiative of either of the Parties under the conditions

set out in Article 16 of the Agreement.

Article 17

Termination

This Protocol may be terminated at the initiative of either of the Parties under the conditions

set out in Article 17 of the Agreement.

Article 18

Obligations upon expiry, suspension or termination of this Protocol

(1) Following the expiry of this Protocol or its suspension or termination in accordance

with Articles 16 and 17 respectively, the Union and Union vessel owners shall

continue to be liable for any breach of the provisions of the Agreement or this

Protocol or any laws of Seychelles which occurred before the expiry, suspension or

termination of this Protocol, or for any fishing authorisation fee or any dues

outstanding at the time of such expiry, suspension or termination.

(2) The Parties shall continue to implement the sectoral support provided under Article

4(1)(b) and Article 5 of this Protocol, notably the monitoring and reporting of the

financial and technical execution, and communication actions.

Article 19

Provisional application

This Protocol shall apply provisionally as from the date of its signature by the Parties.

Article 20

Duration

This Protocol shall apply for a period of four years from the date of its provisional

application, unless notice of termination is given under Article 17.

Article 21

Entry into force

EN 9 EN

This Protocol shall enter into force on the date on which the Parties notify each other of the

completion of the procedures necessary for that purpose.

Article 22

Authentic texts

This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch,

English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian,

Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish

languages, each text being equally authentic.

EN 10 EN

ANNEX

CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY THE UNION

VESSELS IN THE SEYCHELLES FISHING ZONE

CHAPTER I

GENERAL PROVISIONS

SECTION 1

COMPETENT AUTHORITY

For the purposes of this Annex and Appendices and unless otherwise specified, any reference

to a competent authority shall mean:

– For the Union: European Commission, where applicable via the Delegation of

the European Union to the Republic of Mauritius and to the Republic of

Seychelles (EU Delegation);

– For Seychelles: the Ministry responsible for fisheries, where applicable the

Seychelles Fisheries Authority.

DEFINITIONS

1. ‘Fishing authorisation’ means a valid entitlement as per the Seychelles legislation to

engage in fishing activities in accordance with the terms of that fishing authorisation

provided under this Protocol.

2. ‘Bycatch’ means the unintentional capture of species other than tuna and tuna-like

species.

SECTION 2

APPLICATION AND ISSUING OF FISHING AUTHORISATIONS

Conditions for obtaining a fishing authorisation

1. Only eligible Union vessels may obtain a fishing authorisation to fish in Seychelles’

fishing zone.

2. For a Union vessel to be eligible the following conditions shall be fulfilled:

(a) the owner, the master and the vessel itself are not prohibited from fishing in

Seychelles;

(b) the owner, the master and the vessel itself comply with the laws of Seychelles

and they have fulfilled all prior obligations arising from their fishing activities

in Seychelles under the Agreement;

EN 11 EN

(c) the fishing authorisations referred to in Article 6 of the Agreement are issued

on condition that the vessel concerned is entered in the Union register of

fishing vessels and in accordance with Regulation (EU) 2017/2403 of the

European Parliament and of the Council;

(d) the vessel concerned is included on the IOTC record of authorised vessels and

is not included on the IUU list of IOTC or any other Regional Fisheries

Management Organisations (RFMOs).

Application for a fishing authorisation

3. All 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.

4. The Union shall submit to the competent Seychelles authorities an application for a

fishing authorisation for each Union vessel wishing to fish under the Agreement at

least 21 calendar days before the expected starting date of fishing activities.

5. Fishing authorisations shall be valid for a period of 12 months. Union vessel owners

shall pay the full advance fees due for the period of the authorisation.

6. The starting date of this period is defined by the date of the provisional application of

this Protocol and shall be issued subject to fulfilment of application conditions as laid

out in paragraph 7. All subsequent fishing authorisations shall end on the anniversary

date of this Protocol.

7. Each application for a fishing authorisation shall be submitted to the competent

Seychelles authorities on the form drawn up in accordance with Appendix 1 and shall

be accompanied by the following documents:

(a) proof of payment of the advance fee for the period of validity of the fishing

authorisation;

(b) a recent digital colour photograph of the vessel, of adequate resolution,

showing a detailed lateral view of the vessel including the vessel's name and

IOTC identification number visible on the hull;

(c) a copy of the vessel’s insurance certificate;

(d) a copy of the vessel’s seaworthiness certificate;

8. The advance fees shall be paid into a Seychelles' public account provided by the

competent Seychelles authorities. The associated bank transfer costs shall be borne

by the provider.

Issuing of a fishing authorisation

9. The fishing authorisations shall be issued to the vessels' agent within 15 calendar

days of receipt of all documents referred to in paragraph 7 by the competent

Seychelles authorities. An authorised Union vessel shall keep on board the original

fishing authorisation. Nevertheless, an electronic copy of the fishing authorisation

shall be considered equivalent to the original for a maximum period of 60 calendar

days after the issuing date of the fishing authorisation.

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10. The competent Seychelles authorities shall indicate that the application of the fishing

authorisation has been accepted and upload an electronic copy of the signed original

in the LICENCE system, the EU IT system for fishing authorisations.

Malfunctioning of the LICENCE system

11. Where difficulties arise in the transmission of information between the European

Commission and the competent Seychelles authorities through the LICENCE system,

fishing authorisations shall be exchanged electronically by email until the system is

operational again.

12. Each Party shall update the information in the LICENCE system as soon as the system

has been restored.

Transfer of a fishing authorisation

13. A fishing authorisation shall be issued for a specific vessel and shall not be

transferable, except for force majeure.

14. Where force majeure is proven, at the request of the Union, a vessel's fishing

authorisation may be transferred for the remaining period of its validity to another

eligible Union vessel with similar characteristics, with no further fee due.

15. The owner of the first vessel, or the agent of the owner of that vessel, shall return the

cancelled fishing authorisation to the competent Seychelles authorities. The Union

shall be informed without delay by the competent Seychelles authorities of the

cancelled fishing authorisation.

16. The new fishing authorisation shall take effect on the day on which the operator

returns the cancelled fishing authorisation to the competent Seychelles authorities.

The Parties shall update the list of authorised vessels and the relevant information in

the LICENCE system.

17. The calculation of the level of catches for the purpose of determining any additional

payment shall take into account the sum of the total catches of the two vessels

concerned.

Contacts

18. All relevant contact details of the Parties are provided in Appendix 2. Any

modification to these details will be communicated to the other Party by exchange of

letters.

SECTION 3

SUPPORT VESSELS

1. The competent Seychelles authorities shall authorise Union vessels which are holders

of a fishing authorisation to be assisted by authorised support vessels. The support

vessels shall fly the flag of a Member State of the Union and shall not be equipped

for catching fish or be used for transhipments of catches.

2. The number of authorised Union support vessels for the number of authorised Union

purse seine vessels in operation shall be in compliance with relevant IOTC

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resolutions. In addition, reporting requirements shall comply with relevant IOTC

obligations and other relevant national legislative provisions.

3. Support vessels flying the flag of a Member State of the Union shall be subject to the

same procedures governing the obtaining and the transmission of fishing

authorisation applications as described in Section 2, to the extent applicable to them.

SECTION 4

FISHING AUTHORISATION FEES AND ADVANCE PAYMENTS

1. The fee per tonne of tuna and tuna-like species caught in Seychelles’ fishing zone to

be paid by vessel owners shall be EUR 90.

2. The annual advance payment fee to be paid by the ship-owners at the time of

application for a fishing authorisation to be issued by the Seychelles authorities shall

be as follows:

(a) Tuna purse seine vessels: the advance payment shall be EUR 72 000, which is

the equivalent of EUR 90 per tonne for 800 tonnes of tuna and tuna-like

species caught within the Seychelles fishing zone.

(b) Surface longliners: the advance payment shall be EUR 8 100, which is the

equivalent of EUR 90 per tonne for 90 tonnes of tuna and tuna-like species

caught within the Seychelles fishing zone.

(c) Support vessels: the annual authorisation fee applicable to support vessels is

EUR 6 000 per vessel.

SECTION 5

ANNUAL STATEMENT OF FEES

1. The competent Seychelles authorities shall draw up a statement of fees due in respect

of the catches made in the previous calendar year on the basis of catch declarations

submitted by Union fishing vessels, as provided for in Chapter III. For drawing up

the statement of fees, the competent Seychelles authorities will utilise the sale

receipts, the Electronic Reporting System (ERS) and Vessel Monitoring System

(VMS) data, completed logbook for the entire fishing trip, and landing and

transhipment records of all fishing trips undertaken during the authorised period.

Catch data in the Seychelles fishing zone shall be presented per vessel, per month of

catches and per species, with weights expressed in tonnes (three decimals) of live

weight equivalent. Conversion factors used, if any, shall be specified in the statement

of fees.

2. The Union shall provide the competent Seychelles authorities, before the end of each

quarter, with aggregated data for the previous quarters of the current year, indicating

the quantities of catches per vessel, per month of catch, and per species, extracted

from the European Commission database. Those data shall be considered provisional.

3. The statement of fees will be established using the information required in paragraph

1. The statement of fees shall be sent to the Union before 30th April of the following

year. The Union shall transmit it without delay to national authorities of its Member

States concerned and subsequent payments by the vessel owners shall be made

accordingly within 45 days.

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4. The statement of fees shall be reconciled by the Union with the information

contained in the Effort Catch Reporting (ECR).

5. Where discrepancies exist between data sets presented by Seychelles and by the

Union, the Union shall have 30 days to contest the data received and to submit, on

the basis of data provided by the Member States of the Union, an alternative

statement of the catches. Such contestation shall clearly identify the specific data

being disputed and shall be accompanied by supporting documents such as logbook

data, inspections reports and scientific data.

6. The Parties shall endeavour to resolve the disagreement through technical

consultations by electronic means. Should the disagreement persist, the Parties shall

set-up a technical meeting to settle the matter, within the following 30 days.

7. Once the disagreement is resolved, Seychelles shall establish the final statement of

fees reflecting the agreement achieved by exchange of electronic means or by

technical meeting. Payments by ship-owners shall be made accordingly within 45

days. The Member States of the Union should inform and send a copy of the proof of

payment to the Union when the payment has been made.

CHAPTER II

CONSERVATION AND TECHNICAL MEASURES

1. Conservation and technical measures applicable to the Union vessels holding a

fishing authorisation for the Seychelles fishing zone, are set out in the technical sheet

contained in Appendix 3.

2. Union vessels shall comply with all resolutions adopted by the IOTC and the

provisions under the relevant Seychelles legislation unless otherwise provided by the

Agreement and this Protocol and in accordance with the principles of international

law.

3. The Union vessels shall conduct all authorised fishing activities in a manner which

will not disrupt traditional, local-based fisheries.

4. The Parties agree to cooperate for the reduction of incidental catches of marine

turtles, marine mammals, whale sharks and other species declared as protected,

threatened or endangered including seabirds, and reef fish, and in accordance with

IOTC resolutions and recommendations. To this end, the Union vessels shall

endeavour to apply technical measures in order to improve the selectivity of fishing

gears and to reduce the incidental catch of non-targeted species.

5. To reduce the entanglement of sharks, marine turtles or any other non-targeted

species, the Union vessels shall use non-entangling designs and materials in the

construction of fish aggregating devices (FADs). In addition, to reduce the impact of

FADs on the ecosystem and the amount of synthetic marine debris, the Union vessels

shall use natural or biodegradable materials for FADs and retrieve them in the

Seychelles waters when they become non-operational FADs within the modalities of

the Seychelles legislation.

6. For the purpose of environmental management and observation of marine

ecosystems in Seychelles waters, each EU purse seiner vessel shall yearly contribute

to the Seychelles environmental fund for an amount of EUR 2,5 per GT. This

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contribution shall be paid together with the advanced payment fee and to the same

account. Seychelles authorities shall report through the Joint Committee on the

utilisation of that contribution.

CHAPTER III

CATCH RECORDING AND REPORTING

SECTION 1

CATCH RECORDING

Catch recording in the fishing logbook and transmission by ERS of catch data

1. The master of the Union vessel shall keep a fishing logbook in accordance with the

relevant IOTC resolutions. The master shall be responsible for the accuracy of the

data recorded in the fishing logbook.

2. All Union vessels shall be equipped with an electronic reporting system (ERS)

capable of recording and transmitting data on the vessel's fishing activity ("ERS

data").

3. A Union vessel not equipped with an ERS shall not be authorised to enter

Seychelles’ fishing zone in order to engage in fishing activities. Where the Union

vessel is equipped with an ERS, but the ERS is not operational before entering the

Seychelles’ fishing zone, the Union vessel shall immediately apply the procedure for

a malfunctioning ERS set out in Appendix 4, Section 3, paragraph 7, upon entry into

the Seychelles’ fishing zone.

4. The technical requirements for ERS transmission are set out in Appendix 4.

5. ERS data shall be transmitted using the electronic means of communication managed

by the European Commission for exchanging fisheries data in a standardised form as

set out in the Appendix 4.

6. If this Chapter is not complied with, the competent Seychelles authorities reserve the

right to suspend the fishing authorisation of the offending Union vessel until the

vessel is in compliance. The Union and the flag State shall be informed thereof.

SECTION 2

QUARTERLY REPORTING OF CATCH DATA

1. The Union shall provide the competent Seychelles authorities, before the end of each

quarter, with aggregated data for the previous quarters of the current year.

2. The data extracted from the European Commission database shall be presented per

vessel, per month of catch, broken down by species identified by their FAO 3 alpha

code.

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3. Such aggregated data from the fishing logbooks shall be considered provisional until

the Union authorities have submitted a final annual statement of catches. Seychelles

shall use these data and report any inconsistencies with the data received by ERS in

accordance with Section 1 of this Chapter.

CHAPTER IV

MONITORING, CONTROL AND SURVEILLANCE

SECTION 1

COMMUNICATION ON ENTRY TO AND EXIT FROM THE SEYCHELLES FISHING

ZONE

1. The duration of a trip by a Union vessel shall be defined as one of the following:

(a) the period elapsing between entering and leaving the Seychelles fishing zone,

(b) the period elapsing between entering the Seychelles fishing zone and a

transhipment, or

(c) the period elapsing between entering the Seychelles fishing zone and a landing

in Seychelles.

2. The Union vessels shall notify the competent Seychelles authorities at least six hours

in advance of their intention to enter or exit the Seychelles fishing zone.

3. While notifying entry or exit, Union vessels shall also communicate their position

(latitude and longitude) at the time of communication and the tonnage of catches by

species kept on board, identified by their FAO 3-alpha code.

4. All Union vessels, provided that they have operated in the Seychelles fishing zone

during an entire fishing trip, intending to land or tranship catches in any port, shall

provide the competent Seychelles authorities, at least 48 hours in advance of coming

to port, a crew list of members, including name, nationality, and position on board.

SECTION 2

LANDING AND TRANSHIPMENT OF CATCHES

1. The designated port for landing and transhipment of catches in Seychelles is Port

Victoria. Transhipment at sea in Seychelles waters is prohibited.

2. All Union vessels intending to land and tranship catches in the Seychelles designated

port shall notify the competent Seychelles authorities at least 48 hours in advance the

following information, in accordance with the relevant IOTC Resolutions:

(a) the advance notification for port entry,

(b) the prior transhipment notification,

(c) the transhipment declaration.

3. Landing and transhipment shall be considered as an exit from the Seychelles fishing

zone. Union fishing vessels shall therefore submit their landing declarations to the

EN 17 EN

competent Seychelles authorities, within the same time limits and in the same format

as those specified for sending them to the flag State.

4. All Union vessels shall provide the competent Seychelles authorities with relevant

sales receipt within 30 days after completion of the sale. The sales receipts to be

provided shall contain information relating to quantity by species and size categories.

5. The Parties shall encourage economic cooperation in the fishing and processing

industry in order to enhance investments, resource valorisation, job creation and a

proper balance between supply and demand. In particular, operators shall ensure

reasonable opportunities for Seychelles' processing industry to be adequately

supplied with tuna, including the bycatch from Union vessels. Relevant authorities

shall deal with the related administrative documents necessary for international trade

of fish landed in Seychelles by Union vessels within a reasonable time frame by

ensuring adequate controls and verifications in accordance with applicable rules.

SECTION 3

CONTROL AND INSPECTION

Inspection at sea and in port

1. Inspections at sea, in port or off port in the Seychelles fishing zone on authorised

Union vessels holding a fishing authorisation shall be carried out by inspectors from

Seychelles who are clearly identified as being authorised to carry out fishing

inspections.

2. Before boarding, the authorised officers from Seychelles shall inform the Union

vessel of their decision to carry out an inspection. The inspection shall be carried out

by a reasonable number of authorised officers, who must provide proof of their

identity and official position as an authorised officer before carrying out the

inspection.

3. The authorised officers from Seychelles shall only stay on board the Union vessel for

the time necessary to carry out tasks linked to the inspection. They shall carry out the

inspection in a way which minimises the impact on the vessel, its fishing activity and

cargo.

4. Images (photos or videos) made during inspections shall be intended for the

authorities responsible for fisheries control and surveillance. They shall not be made

public unless the national legislation provides otherwise.

5. The master of the Union vessel shall allow the inspectors from Seychelles to come

on board and carry out their work.

6. At the end of each inspection, the authorised officer from Seychelles shall draw up

an inspection report. The master of the Union vessel shall have the right to include

their comments in the inspection report. The inspection report shall be signed by the

authorised officer drawing up the report and the master of the Union vessel.

7. The signing of the inspection report by the master shall be without prejudice to the

Union vessel owner's right of defence during any infringement procedure. The master

of the Union vessel shall cooperate while the inspection procedure is being carried

out. If the master of the Union vessel refuses to sign the document, the master of the

Union vessel shall specify the reasons for not doing so in writing, and the inspector

EN 18 EN

shall write "Refused to sign" on it. The authorised officer from Seychelles shall give

a copy of the inspection report to the master of the Union vessel before leaving the

vessel. The Seychelles authorities shall inform the Union authorities of inspections

carried out within 24 hours of their completion and of any infringements found and

send the inspection report as soon as possible. If applicable, a copy of the resulting

infringement shall be sent to the Union within a maximum of seven days after the

authorised officer's return to port.

8. The competent Seychelles authorities may authorise the Union authorities to

participate in inspection as an observer.

9. Based on a risk assessment, the Parties may agree to carry out joint inspections on

Union vessels, in particular during landing and transhipment operations, to ensure

compliance with both Union and Seychelles legislation. In the exercise of their

duties, the inspectors deployed by the Parties shall abide by the provisions on the

conduct of inspections laid down respectively in the Union and Seychelles

legislation. The Parties, in the context of their responsibilities as flag and coastal

States, may decide to cooperate on follow-up actions, pursuant to their relevant

legislation. In addition, upon request by the Union, the competent Seychelles

authorities may authorise fisheries inspectors from Member States of the Union to

carry out inspections on Union vessels flying their flag within the limits of their

competence under their national law.

10. Where the provisions set out in this Chapter are not complied with, the competent

Seychelles authorities reserve the right to suspend the fishing authorisation of the

offending Union vessel until formalities have been completed and to apply the

penalty laid down in Seychelles' legislation. The flag Member State of the Union and

the Union shall be informed thereof.

Participatory monitoring in the fight against IUU fishing

11. In order to strengthen the fight against IUU fishing, masters of Union vessels shall

report the presence of any vessels in the Seychelles fishing zone engaged in

suspected activities which may constitute IUU fishing, providing as much

information as possible about what has been sighted. Sighting reports shall be sent

without delay to the competent Seychelles authorities and the competent authority of

the flag Member State of the Union of the sighting vessel, which shall immediately

transmit them to the Union or to the body designated by it.

12. Seychelles shall send to the Union any sighting reports it has on Union vessels

engaged in activities which may constitute IUU fishing in the Seychelles fishing

zone.

SECTION 4

VESSEL MONITORING SYSTEM (VMS)

1. Vessel position data

(a) A Union fishing vessel holding a fishing authorisation under this Protocol shall

have on board a fully functioning tracking device which allows that vessel to

be automatically located and identified by a vessel monitoring system that

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automatically transmits the vessel position data at regular intervals to its flag

state’s Fisheries Monitoring Centre (FMC).

(b) The contact points of the flag State and Seychelles FMCs shall exchange all

relevant information on the Union vessels' equipment, the transmission

protocols and any other functions necessary for satellite monitoring.

(c) The flag State's FMC shall ensure that Union vessels’ positions at every 60

minutes interval are transmitted to the Seychelles FMC for any period during

which the Union vessels are present in the Seychelles fishing zone.

(d) It shall be prohibited to move, disconnect, destroy, damage or render

inoperative the continuous tracking device using satellite communications

placed on board the vessel for the purposes of data transmission, or to

intentionally alter, divert or falsify data transmitted or recorded by such a

system.

(e) The master of the Union vessel shall be deemed responsible if the vessel’s

tracking device is found to have been tampered with in order to disrupt its

operation or falsify its position messages. Any infringement shall be subject to

the penalties provided for by the legislation in force in Seychelles.

2. Technical breakdown or failure affecting a Union vessel's monitoring equipment:

(a) A vessel with defective tracking device shall not enter Seychelles’ fishing zone

in order to engage in fishing activities.

(b) In the event of a technical or communication failure or non-functioning of the

vessel tracking device on a Union fishing vessel while in the Seychelles’

fishing zone, the defective equipment shall be repaired or replaced within 25

days of the failure being notified by the flag State to Seychelles’ FMC. After

that period, the Union vessels concerned shall return to a port designated by the

competent Seychelles authorities or leave the Seychelles fishing zone. On

arrival at the designated port, the concerned vessels shall have the defective

material repaired or replaced.

(c) The master of the Union vessel fishing in the Seychelles fishing zone shall,

from the time the event is detected or from when they are informed by an error

notification of the system, whichever is the earlier, shall communicate the

current vessel position data to the FMC of the flag EU Member State of the

Union at least once every four hours.

3. Revision of the frequency of position messages:

Seychelles FMC may ask the flag State's FMC to reduce the interval for sending a

vessel's position messages to 30 minutes for a set period of investigation, copying the

Union and attaching relevant information pointing towards a presumed infringement.

The flag State's FMC shall, without delay, send the vessel's position messages at the

new reporting interval. At the end of the set investigation period, Seychelles FMC

shall inform the flag State's FMC and the Union of the outcome of its investigations

and of any follow-up required.

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4. Secure communication of position messages to Seychelles:

(a) The arrangements for secure communications are set out in Appendix 4.

(b) Seychelles shall process data on each Union vessel activity in a confidential

and secure manner.

5. Protection of VMS data:

All monitoring data communicated by one Party to the other Party in accordance

with these provisions shall be used exclusively for:

(a) Monitoring, control and surveillance by the competent Seychelles authorities of

the Union fishing vessels under the Agreement, and

(b) Research studies carried out by Seychelles in the context of fisheries

management and development.

Such data shall not be disclosed to third parties, unless one of the Parties is required

by law to do so or with prior written consent from the Union.

SECTION 5

ELECTRONIC MONITORING SYSTEM / REMOTE ELECTRONIC SYSTEM

The Joint Committee shall discuss the possible development of an electronic monitoring

system (EMS) or remote electronic monitoring (REM) on board of Union vessels fishing

under this Protocol.

CHAPTER V

EMBARKING OF SEYCHELLES FISHERS

Required number of fishers to be taken onboard

1. Each Union purse seine vessel shall embark during its trip in the Seychelles fishing

zone at least two qualified Seychelles fishers designated by the Union vessel owner

or its agent, from the names on a list to be maintained and submitted by the

competent Seychelles authorities.

2. The fishers to be taken on board shall meet the requirements as set out in Appendix

5.

3. The competent Seychelles authorities shall provide the Union vessel owners or their

agents and the EU Commission on a monthly basis with the list of qualified fishers

designated by the competent Seychelles authorities.

4. The Union vessel owner will be relieved from the obligation foreseen in point 1, in

the following circumstances:

(a) The competent Seychelles authorities fail to provide for the list referred to in

point 3;

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(b) The Seychelles fisher employed fails to report on the date and time agreed for

embarkation;

(c) The Union fishing vessel embarks at least one trainee per fishing trip. The

eligible trainee could be designated by the agent of the Union vessel, in

agreement with the Union vessel owner, from the names on the list submitted

by the competent Seychelles authorities.

5. The fishing vessel owner or its agent shall draw up, date and sign a crew list that

complies with Form 5 of the IMO Convention on Facilitation of International

Maritime Traffic (FAL Convention) and send a copy to the competent Seychelles

authorities prior to departure for a fishing trip.

Working conditions

6. The conditions under which the fishers are taken on board shall comply with the flag

State law transposing Council Directive (EU) 2017/159, including as regards the

hours of work or hours of rest, the rights of repatriation, and the occupational health

and safety.

Fisher’s employment contract

7. For each fisher engaged on board a Union vessel pursuant to point 1, a written

employment contract shall be negotiated and signed by both the fisher and the

employer. That contract, signed by both Parties, must be submitted to the competent

Seychelles authority.

8. This employment contract shall comply with the requirements of the flag State law

transposing Council Directive (EU) 2017/159.

Remuneration of fishers

9. Where Seychelles fishers are embarked, their labour costs shall be borne directly by

the Union vessel owner, its representative or its agent.

10. Seychelles fishers shall receive guaranteed monthly or regular remuneration,

preferably paid by bank transfer, irrespective of the actual amount of fish caught

and/or sold.

11. The remuneration shall be fixed by mutual agreement between the fishing vessel

owners or their agents and the fishers and/or their trade unions or representatives.

Where no collective bargaining agreement has been concluded, the minimum wage,

before the addition of bonus, granted to Seychelles fishers shall under no

circumstances be inferior to the terms set by the Subcommittee on Wages of

Seafarers of the Joint Maritime Commission of the ILO.

12. Seychelles fishers shall bear no cost associated with the payments received.

Seychelles fishers shall be given means to transmit all or part of the payments

received, including advances, to their families, at no cost.

13. The Seychelles fisher shall receive a payslip for every settlement of remuneration

and, if (s)he requests it, a proof of payment of the remuneration.

Social security

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14. Seychelles shall ensure that Seychelles fishers subject to this agreement and their

dependants to the extent provided in national laws, are entitled to benefit from social

security protection.

Compliance with this Chapter

15. The competent authorities of both Parties shall ensure that the legislation applicable

to fishers is easily accessible in a comprehensive, transparent and free of charge

manner.

16. The competent Seychelles authorities and the authorities of the Union flag State shall

ensure the proper implementation of this Chapter in line with their obligations under

international law and in accordance with the obligations as established in this

Chapter.

17. All Seychelles fishers employed on-board Union vessels shall report to the master of

the vessel designated on the day before their agreed embarkation date and time.

18. Where the number of Seychelles qualified fishers on-board of Union vessels does not

reach the minimum level as provided in point 1 and the conditions referred in point 4

are not met, the Union vessel owner shall pay a flat-rate compensation of EUR 35 for

each non-embarked fishers per day of fishing activities in the Seychelles fishing

zone. The flat rate amount shall be paid to the competent Seychelles authorities at the

latest within 90 days from the end of the validity period of the fishing authorisation.

CHAPTER VI

OBSERVERS

Observation of fishing activities

1. The Parties recognise the importance of respecting the obligations of relevant IOTC

resolutions with regards to the Scientific Observer Programme and relevant

Seychelles' laws and regulations, including electronic observation schemes.

However, the modalities for the implementation of electronic observation schemes

shall take into account the practical implications for the fleets and the time needed

for the transition to such schemes.

Designated vessels and observers

2. The Union purse seine vessels authorised to fish in the Seychelles fishing zone under

the Agreement shall, at the request of the competent Seychelles authorities, embark

one observer, in the context of a national or regional observation programme under

the terms set out in this Chapter. The embarkation of additional observers shall also

be considered subject to a case-by-case agreement.

3. The competent Seychelles authorities shall draw up a list of Union purse seine

vessels designated to embark an observer and a list of appointed observers, while

taking into account the characteristics of the vessels and possible space limitations

due to security requirements. The list shall be kept up to date and forwarded to the

Union authorities as soon as it has been drawn up, and each time it is updated.

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4. The competent Seychelles authorities shall communicate the name of the designated

observer to the agent of the Union vessel concerned not later than 15 days before the

observer's planned embarkation date.

Embarkation conditions

5. The time spent on board by observers shall be fixed by the competent Seychelles

authorities and, as a general rule, shall not exceed the time required to carry out their

duties. In the context of a regional observers programme, the observer may remain

on board for a mutually agreed extended period. The competent Seychelles

authorities shall inform the agent of the Union vessel thereof when notifying the

name of the designated observer.

6. The conditions for embarkation of observers shall be agreed between the Union

vessel owners and the competent Seychelles authorities after the notification of the

designated observers.

7. Where observers are to be embarked in Seychelles, within two weeks and giving 10

days' notice, the Union vessel owners concerned shall make known at which port or

location, and on what dates they intend to be embarked.

8. Where observers are to be embarked in a foreign port, their travel costs shall be

borne by the Union vessel owner. If a vessel with an observer from Seychelles on

board leaves Seychelles waters, all measures shall be taken to ensure the safe return

of the observer to Seychelles as soon as possible at the expense of the Union vessel

owner.

9. If an observer is not present at the time and place agreed or during the six hours

following the time agreed, Union vessel owners shall be relieved of their obligation

to embark the observer.

10. Union vessel owners shall bear the cost of providing board and accommodation for

observers in the same conditions as for the officers on board the vessel.

11. Observers shall be treated as officers.

12. The salary and applicable taxes of the observers shall be borne by the competent

Seychelles authorities.

Observers' duties

13. Observers shall observe and record the fishing activities of the vessels for scientific

purposes, in particular:

(a) the species, quantity, size and condition of fish taken;

(b) the method by which, the areas in which, and the depth at which, fish are taken;

(c) the position of Union vessels engaged in fishing operations and the fishing gear

used;

(d) the catch data for the Seychelles fishing zone recorded in the logbook,

including the percentage of bycatches and an estimation of discards;

(e) where relevant, processing, transhipment, storage, or disposal of any fish.

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14. Observers shall maintain a regular communication channel with the competent

Seychelles authorities, making use of the communication means available on board

the Union vessel.

15. In addition, observers may carry out other duties such as:

(a) perform biological sampling in the context of a scientific programme,

(b) monitor the impact of the fishing activities on the resource and on the

environment.

16. The masters of Union vessels shall do everything reasonably practicable to ensure

the physical safety and welfare of observers while on board.

17. Observers shall be offered every facility needed to carry out their duties. The master

of the Union vessel shall give them access to the means of communication needed

for the discharge of their duties, to documents regarding the vessel's fishing

activities, 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.

Observers' obligations

18. While on board, observers shall:

(a) take all appropriate steps to ensure that the conditions of their boarding and

presence on the Union vessel neither interrupt nor hamper fishing operations;

(b) take necessary care with regards to the material and equipment on board;

(c) ensure the confidentiality of all data and documents regarding the Union vessel

and its activities and any information collected.

19. At the end of the embarkation and before leaving the Union vessel, the observer shall

draw up an activity report to be transmitted to the competent Seychelles authorities,

with a copy to the Union authorities within 15 days. The report shall be signed by the

observer. A copy of the report shall be handed to the master of the Union vessel when

the observer leaves that vessel.

CHAPTER VII

INFRINGEMENT

SECTION 1

HANDLING OF INFRINGEMENT

1. Any presumed infringement committed by a Union vessel in Seychelles’ fishing zone

must be notified by the competent Seychelles authorities to the Union by all

appropriate means within 24 working hours.

2. Once an infringement has been recorded in the statement drawn up by the Seychelles

competent authorities, the master of the Union vessel shall sign that statement. If the

master refuses or is prevented from signing, this shall be recorded in the statement.

EN 25 EN

3. The master's signature, or the lack thereof, shall not prejudice the rights of the master

or any defence which the master may make to contest the alleged infringement.

4. The statement of infringement shall be sent to the Union and the flag State within

seven working days of the issuance of the statement.

Arrest and detention of Union vessels

5. The competent Seychelles authorities shall immediately inform the Union and the

flag Member State of the Union, of the arrest or detention of any Union vessel

operating under the Agreement and shall transmit a copy of the inspection report,

detailing the circumstances and reasons of the arrest or detention within 48 hours.

SECTION 2

DIVERSION OF A VESSEL – INFORMATION MEETING

1. Any Union vessel presumed of having committed an infringement may be required

to cease its fishing activity and, if necessary, where the vessel is at sea, to return to a

port in Seychelles specified by the competent Seychelles authorities. The Union

vessel in breach of Seychelles regulations shall be detained in port until completion

of the formalities provided for by those regulations.

2. The competent Seychelles authorities shall notify the Union within 24 hours of any

diversion of a Union vessel. That notification shall be accompanied by documentary

evidence of the presumed infringement.

3. Whilst respecting the deadlines and procedures of legal proceedings as provided for

by the laws of Seychelles relating to diversion, arrest or detention, upon receipt of

the information on the presumed infringement, a consultation meeting shall be held

between the Union authorities and the competent Seychelles authorities, possibly

attended by a representative of the concerned Member State of the Union.

4. At the consultation meeting, the Parties shall exchange any relevant documentation

or information helping to clarify the circumstances of the established facts. The

vessel owner or its agent shall be informed of the outcome of the meeting and of any

measures resulting from the diversion, arrest or detention.

SECTION 3

OUT OF COURT SETTLEMENT OF OFFENCE THROUGH COMPOUNDING

PROCEDURE

1. The penalty for the infringement found shall be set by Seychelles in accordance with

Seychelles’ legislation.

2. Where settling the infringement involves legal proceedings, and provided that the

infringement does not involve a criminal act, a compounding procedure between the

competent Seychelles authorities and the operator or their representative may take

place in accordance with the Seychelles’ fisheries legislation to determine the terms

and level of the penalty. Representatives of the vessel's flag State and the Union may

participate in this compounding procedure.

EN 26 EN

3. The Union vessel shall be released and its master discharged once the obligations

arising under a compounding procedure have been fulfilled and the proceedings have

been completed.

EN 27 EN

APPENDICES

Appendix 1: Information for fishing authorisation obtention for Union fishing and support

vessels.

Appendix 2: Contact details for the transmission of information.

Appendix 3: Technical sheet for Union vessels conducting fishing activities in Seychelles.

Appendix 4: Technical requirements for implementation of the Vessel Monitoring System

(VMS) and the System for Recording Fishing Activities (ERS).

Appendix 5: Minimum requirements to be engaged as fishers on Union vessels.

Appendix 6: Detailed implementation provisions for sectoral support.

Appendix 7: Processing of personal data.

EN 28 EN

Appendix 1

INFORMATION TO BE PROVIDED WHEN APPLYING FOR A FISHING AUTHORISATION UNDER

THIS PROTOCOL

Unless otherwise specified, the following information must be provided regarding the

applicant, the vessel owner, identification of the vessel, its technical data and the period

applied for.

Name of applicant

Telephone number of applicant

Email address of applicant

Name of vessel owner

Town and country of residence of the vessel owner

Name of the owner or up to a maximum of five main beneficial owners of the vessel

Town and country of residence of the owner or up to a maximum of five main beneficial

owners of the vessel

Name of master

Nationality of master

Email address of master

Name and address of local agent

Name of vessel

Flag State

Port of registration

Date of current flag registration

Previous flag (if any)

Place of construction

Date of construction

External marking

IRCS

MMSI

IMO Number

IOTC Number

EN 29 EN

Radio Call frequency (HF and VHF)

Satellite telephone number

Length overall (LOA in metres)

Beam overall (BOA in metres)

Tonnage (expressed in GT)

Type of vessel (Purse Seine, Longliner, Support Vessel)

Hull material

Type of engine

Engine power (KW)

Engine Make

Number of crew

Conservation method on board

Processing capacity per day (24 hours) in tonnes

Number of fish holds

Total capacity of fish holds (m3)

VMS manufacturer

VMS model

VMS serial number

Satellite operator

Designated port for transhipment and landing of catch

Requested authorisation start date

Requested authorisation end date

EN 30 EN

Appendix 2

CONTACT DETAILS FOR THE TRANSMISSION OF INFORMATION UNDER THIS PROTOCOL

For the European Union:

• Fishing authorisations: [email protected]

• LICENCE system: https://webgate.ec.europa.eu/licence

• Aggregated catches: [email protected]

• UN/FLUX help desk: [email protected]

• VMS/ERS contact: [email protected]

For Seychelles:

• Fishing authorisations: [email protected]

• LICENCE system: [email protected]

• Aggregated catches: [email protected]

• UN/FLUX helpdesk: [email protected]

• VMS/ERS contact: [email protected]

• General Monitoring, Control and Surveillance (MCS) enquiries: [email protected]

EN 31 EN

Appendix 3

TECHNICAL SHEET FOR UNION VESSELS CONDUCTING FISHING ACTIVITIES IN SEYCHELLES

Fishing zone:

Beyond 12 nautical miles from the baseline, excluding zones prohibited for fishing.

Authorised categories:

Tuna purse seine vessels

Surface longliners

Support vessels

Fees and tonnage:

Price per tonne EUR 90 per tonne

Annual advance fee (including all national

and local charges except port taxes and

service charges) and tonnage covered

Tuna purse seiner vessels: EUR 72 000 per

year, corresponding to 800 tonnes

Surface longliners vessels: EUR 8 100 per year,

corresponding to 90 tonnes

Fee per additional tonne caught Tuna purse seine vessels and surface longliners:

EUR 90 per tonne

Number of vessels authorised to fish — 30 tuna purse seine vessels

— 8 surface longliners

Support vessel authorisation fee EUR 6 000 per vessel per year.

Environmental management and

observation of marine ecosystems

contribution

EUR 2,5 per GT (purse seine vessels only) per

year.

EN 32 EN

APPENDIX 4

TECHNICAL REQUIREMENTS FOR IMPLEMENTATION OF THE VESSEL MONITORING SYSTEM

(VMS) AND THE SYSTEM FOR RECORDING FISHING ACTIVITIES (ERS)

SECTION 1

COMMON PROVISIONS ON THE TRANSMISSION OF VESSEL POSITION DATA AND

ON ERS DEPLOYMENT BY THE PARTIES; BUSINESS CONTINUITY

1. If a technical failure occurs and affects transmission of the Union vessel position data

or fishing activity data ("ERS data") between the Parties' FMCs, the Union vessel

affected by the failure shall not be considered to be non-compliant.

2. The Parties shall set up a connection based on the FLUX Transportation Layer

software provided by the European Commission and shall use the UN/FLUX format.

The competent Seychelles authorities shall ensure that its electronic system is

compatible with that of the Union system.

3. The Parties shall undertake acceptance testing of the UN/FLUX format, using the EU

standard logbook (Fishing Activities Implementation Document version 3.0) within

10 months from the date of signature of this Protocol.

After this period, the Parties will work towards an implementation of an UN/FLUX,

incorporating the full data set outlined in section 3, within 24 months of the signature of the

Protocol.

4. Until that date, position data of Union vessels and ERS data shall be sent using the

formats and arrangements already in place when this Protocol starts to apply.

5. The FMCs of the flag State and Seychelles and the Union shall exchange their

contact email addresses and shall inform each other without delay of any changes to

these addresses.

6. The FMCs of the flag State and Seychelles and the Union shall inform each other as

soon as possible of any interruption in the automatic transmission of data; or, in the

event of any maintenance operations lasting more than 48 hours, shall endeavour to

restore automatic transmission and shall notify the other Party as soon as it has been

restored. The Joint Committee shall deal with any dispute that may arise.

7. If the interruption lasts for more than 48 hours, the FMC of the flag State shall, in the

meantime, provide data by email every 24 hours until automatic transmission

resumes. This arrangement may be requested from the flag State's FMC by

Seychelles’ FMC if the malfunction concerns the latter's system and persists beyond

48 hours despite its best efforts to repair it.

8. Data affected by the interruption shall also be resent using automatic transmission

systems once these have been restored.

9. Each Party shall ensure that the data is consistent; in particular, they shall see to it

that suitable filters are integrated into their systems and applied to the data to ensure

that only data relating to fishing activities in Seychelles’ fishing zone are taken into

account.

EN 33 EN

SECTION 2

TECHNICAL REQUIREMENTS FOR VMS DATA TRANSMISSION

1. Vessel position data – vessel monitoring system

1.1. The flag State's FMC shall ensure that vessel position data are automatically

processed and electronically transmitted, using the centralised connection provided

by the Union. The vessel position data must be recorded in a secure manner and kept

by the Parties for a period of three years.

1.2. Vessel positions shall be given with a margin of error of less than 100 metres and a

confidence interval of 99 %.

1.3. The first position recorded after entry into Seychelles’ fishing zone shall be identified

by the code "ENT" (NAF) or "ENTRY" (UN/FLUX). All subsequent positions shall

be identified by the code "POS", with the exception of the first position recorded

after leaving Seychelles’ fishing zone, which shall be identified by the code "EXI"

(NAF) or "EXIT" (UN/FLUX)

2. Transmission by the vessel in the event of breakdown of the vessel monitoring device

Vessels fishing in Seychelles’ fishing zone with a defective vessel tracking device shall send

their position messages by email to the flag State's FMC at least every four hours and shall

provide all the mandatory information. The flag State's FMC shall inform Seychelles’ FMC of

this change. Position data shall then be transmitted at that frequency.

Seychelles’ FMC shall inform the flag State's FMC and the Union of any interruption in the

reception of position messages from a vessel holding a fishing licence where the vessel

concerned has not notified its exit from Seychelles’ fishing zone.

3. Structure of messages in NAF communicating vessel position data to Seychelles:

Data element Code Mandatory

(M) /

Optional

(O)

Content

Start of record SR M System detail indicating start of record

Addressee AD M Message detail – Addressee alpha-3 country code

(ISO-3166)

From FR M Message detail – Sender alpha-3 country code

(ISO-3166)

Flag State FS M Message detail – Flag State alpha-3 code (ISO-

3166)

Type of message TM M Message detail – Type of message (ENT, POS,

EXI, MAN)

Radio call sign

(IRCS)

RC M Vessel detail – Vessel international radio call sign

(IRCS)

Party's internal IR O Vessel detail – Unique number assigned by the

EN 34 EN

reference number party to identify the vessel

Unique vessel

identifier (IMO

number)

IM M Vessel detail – IMO number

Mandatory if the ship has such a number

External registration

number

XR M Vessel detail – number on side of vessel

(ISO 8859.1)

Latitude LT M Vessel position details – Latitude of position in

decimal degrees (WGS84) ± DD.ddd. Positive

numbers for the northern hemisphere; negative

numbers for the southern hemisphere. The plus

sign (+) does not need to be transmitted. Non-

significant zeros may be omitted. The value must

be between –90 and + 90.

Longitude LG M Vessel position details – Longitude of position in

decimal degrees (WGS84) ± DD.ddd. Positive

numbers for the northern hemisphere; negative

numbers for the southern hemisphere. The plus

sign (+) does not need to be transmitted. Non-

significant zeros may be omitted. The value must

be between –180 and + 180.

Course CO M Vessel course 360o scale

Speed SP M Vessel speed in tenths of knots

Date DA M Vessel position detail – Date of record of UTC

position (YYYYMMDD)

Time TI M Vessel position detail – Time of recording UTC

position (HHMM)

End of record ER M System detail indicating end of record

4. Once the new UN/FLUX format and transmission via the FLUX Transportation

Layer have been effectively implemented, VMS data shall be transmitted in

accordance with the format and processes set out in the implementation document

made available on the European Commission's internet site and the NAF format shall

be discontinued.

5. Protection of VMS data

All monitoring data communicated by one Party to the other Party in accordance with these

provisions shall be used exclusively for:

– monitoring, control and surveillance by Seychelles’ authorities of the Union fleet

fishing under the Agreement, and

– research studies carried out by Seychelles in the context of fisheries management and

development.

EN 35 EN

SECTION 3

TECHNICAL REQUIREMENTS FOR IMPLEMENTATION OF THE SYSTEM FOR

RECORDING FISHING ACTIVITIES AND REPORTING ERS DATA

1. When in Seychelles’ fishing zone, the master of a Union vessel holding a fishing

authorisation issued under this Protocol shall:

(a) record each entry into and exit from Seychelles’ fishing zone by a specific

message, indicating the quantities of each species held on board at the time of

such entry into or exit from Seychelles’ fishing zone, and the date, time and

position of such entry or exit. This message shall be transmitted to Seychelles’

FMC by ERS or by other means of communication no later than two hours

before the entry or exit. In case no catches are on board, nil-catches shall be

reported;

(b) record daily the position of the vessel at noon if no fishing activity has been

carried out;

(c) for each fishing operation carried out, record the date, time and position of that

operation, the gear type and the quantity of each species caught, distinguishing

between catches retained and discarded. Each species shall be identified by its

FAO 3-alpha code; quantities shall be expressed in kilograms of live weight

and, if necessary, in terms of the number of individual fish. In case no catches

were taken, nil-catches shall be reported.

After the UN/FLUX transition is completed, all entries shall be made in accordance with the

data fields and structure specified in the ERS Fishing Activity and Well Plans Reporting

Template (Metadata).

ERS Fishing Activity & Well Plans Reporting Template (Metadata)

Category Field Name Field Type Notes

Departure Details Port of Departure Text Name of the port where the

trip begins

Departure Details Departure Date Date Format: DD/MM/YYYY

Departure Details Departure Time Time (24hr) Use 24-hour notation (e.g.,

1615 for 4:15 PM)

Arrival Details Port of Arrival Text Name of the port where the

trip ends

Arrival Details Arrival Date Date Format: DD/MM/YYYY

Arrival Details Arrival Time Time (24hr) Use 24-hour notation

Vessel

Information

Name of Master Text Full name of the vessel’s

master

Vessel

Information

Trip Number Number/Text Unique trip number for the

year

EN 36 EN

Vessel

Information

Name of Vessel Text Registered name of the vessel

Vessel

Information

Call Sign Text Vessel’s radio call sign

Vessel

Information

Flag of Vessel Text Country flag under which the

vessel is registered

Fishing Activity Activity Start Date Date Local time zone, format:

DD/MM/YYYY

Fishing Activity Activity Start Time Time (24hr) Use 24-hour notation

Fishing Activity Vessel Position

Latitude Degree

Number Degrees and minutes format

Fishing Activity Vessel Position

Latitude Minute

Number Degrees and minutes format

Fishing Activity Vessel Position

Latitude N/S

Text North or South

Fishing Activity Vessel Position

Longitude Degree

Number Degrees and minutes format

Fishing Activity Vessel Position

Longitude Minute

Number Degrees and minutes format

Fishing Activity Vessel Position

Longitude W/E

Text West or East

Fishing Activity Set Status Dropdown Options: Successful, Null

Fishing Activity Well Number Text/Number Identifier for the well used

Fishing Activity Catch - Yellowfin

(Weight Category)

Number As per “Species category”

Fishing Activity Catch - Yellowfin (Mt) Number Metric tons

Fishing Activity Catch - Bigeye

(Weight Category)

Number As per “Species category”

Fishing Activity Catch - Bigeye (Mt) Number Metric tons

Fishing Activity Catch - Skipjack

(Weight Category)

Number As per “Species category”

Fishing Activity Catch - Skipjack (Mt) Number Metric tons

Fishing Activity Catch - Albacore

(Weight Category)

Number As per “Species category”

Fishing Activity Catch - Albacore (Mt) Number Metric tons

EN 37 EN

Fishing Activity Catch - Other Species

Name

Text One row per species

As per “Species List”

Fishing Activity Catch - Other Species

(Weight Category)

Number As per “Species category”

Fishing Activity Catch - Other Species

(Mt)

Number Metric tons

Fishing Activity Catch - Discards

Species Name

Text One row per species

As per “Species List”

Fishing Activity Catch - Discards

Species (Weight

Category)

Number As per “Species category”

Fishing Activity Catch - Discards

Species (Mt)

Number Metric tons

Fishing Activity Set Associations Multi-select As per "Associations"

FAD Activity FAD Activity Type Dropdown As per “REFERENTIALS”

FAD Activity FAD Type Dropdown As per “REFERENTIALS”

FAD Activity FAD ID Text Unique identifier

FAD Activity Buoy Type Dropdown As per “REFERENTIALS”

FAD Activity Buoy ID Text Unique identifier

Environmental

Details

Sea Surface

Temperature (°C)

Number In degrees Celsius

Environmental

Details

Current Direction Text Compass direction

Environmental

Details

Current Speed (knots) Number In knots

Environmental

Details

Wind Direction Text Compass direction

Environmental

Details

Wind Speed (knots) Number In knots

Observations Observations Text (Long) Any additional notes or

observations

Well Plans Set Date Date Date of the set placed in the

well

Well Plans Set Number Number Sequential number of the set

Well Plans Yellowfin <10kg Number Weight in metric tons

EN 38 EN

Well Plans Yellowfin >10kg Number Weight in metric tons

Well Plans Bigeye <10kg Number Weight in metric tons

Well Plans Bigeye >10kg Number Weight in metric tons

Well Plans Skipjack Weight (Mt) Number Weight in metric tons

Well Plans Other Species Weight

(Mt)

Number Weight in metric tons

Well Plans Total Weight for the

Well (Mt)

Number Sum of all weights for the set

in the well

(d) transmit daily to its flag State, no later than at 24:00, the data recorded in the

electronic fishing logbook; these data shall be transmitted for each day spent in

Seychelles’ fishing zone, even where no catch has been taken. They shall also

be transmitted before each exit from Seychelles fishing zone.

2. The flag State's FMC shall make the ERS data available to Seychelles’ FMC. The

flag State's FMC shall transmit instant ERS messages (notification of entry into

Seychelles’ fishing zone, notification of exit from Seychelles’ fishing zone,

notification of arrival in port) to Seychelles’ FMC automatically and without delay.

Other ERS messages from the vessel shall be automatically transmitted once a day.

3. Until the end of the testing phases provided for in Section 1:

– data shall be transmitted via the Data Exchange Highway (DEH) in EU-ERS (v 3.1)

format1,

– notifications of transhipments shall be made by email to the competent Seychelles

authority,

– only instant messages ("notification of entry into the zone" – COE, "notification of

exit from the zone" – COX, "notification of arrival in port" – “prior notification of

arrival”, PNO) shall be transmitted automatically and without delay. Other types of

messages shall be made available by means of an automatic request by Seychelles’

FMC.

4. Once the new UN/FLUX format and transmission via the FLUX Transportation

Layer have been effectively implemented:

– the practice of making messages available upon request shall concern only specific

requests for historical data,

– ERS data shall be transmitted in accordance with the format and processes set out in

the implementation document available on the European Commission's internet site.

5. Seychelles’ FMC shall confirm receipt of instant ERS data sent to it by means of a

return message acknowledging receipt and confirming the validity of the message

received. For ERS data exchanged via the DEH, no acknowledgement of receipt

shall be provided for data that Seychelles’ FMC receives in response to a request it

has submitted itself.

EN 39 EN

6. Where a defect occurs in the transmission between the vessel and the flag State's

FMC, the flag State's FMC shall notify the master or operator of the vessel or their

representative(s) without delay. On receipt of this notification, the master of the

vessel shall transmit the missing data to the competent authorities of the flag State by

any appropriate means of telecommunication every day by 24:00 at the latest.

7. In the event of a malfunction of the electronic transmission system installed on board

the vessel, the master or the operator of the vessel shall ensure that the ERS is

repaired or replaced within 25 days of detecting the malfunction. Once that deadline

has passed, the vessel shall no longer be authorised to fish in Seychelles’ fishing zone

and must leave it or call at a port in Seychelles within 24 hours. The vessel shall not

be authorised to leave that port or return to Seychelles’ fishing zone until the FMC of

its flag State has established that the ERS is functioning correctly again.

EN 40 EN

Appendix 5

MINIMUM REQUIREMENTS TO BE ENGAGED AS FISHERS ON UNION VESSELS

The competent Seychelles authorities shall ensure that Seychelles fishers included on the list

of fishers eligible to be employed on Union purse seine vessels, as identified in Chapter V in

the Annex to the Protocol, meet all of the following requirements:

1. The minimum age for assignment to activities on board fishing vessels shall not be

less than 18 years.

2. The fisher shall have a valid medical certificate, issued by a duly qualified medical

practitioner, stating at a minimum that:

(a) The hearing and sight of the fisher are satisfactory for the fisher’s duties on the

vessel, and

(b) The fisher is not suffering from any medical condition likely to be aggravated

by service at sea or to render the fisher unfit for such service or to endanger the

safety or health of other persons on board.

3. The medical certificate shall be valid for a maximum period of two years. If the

period of validity of a certificate expires in the course of a voyage, the certificate

shall remain in force until the end of that voyage.

4. The fisher shall be qualified according to the International Convention on Standards

of Training, Certification and Watchkeeping for Seafarers (STCW) to certify inter-

alia basic safety training such as:

(a) Personal survival techniques and personal safety,

(b) Firefighting and fire prevention,

(c) Elementary first aid.

5. The fisher should possess the necessary skills and experience to operate on purse

seine vessels, in particular regarding the awareness of dangers associated with

fishing operations, and where applicable, the knowledge in the use of the fishing

equipment.

EN 41 EN

APPENDIX 6

DETAILED IMPLEMENTING PROVISIONS FOR SECTORAL SUPPORT

Transparency and traceability of sectoral support

1. Seychelles shall reflect in its adopted annual budget the financial contribution

amount related to Sectoral Support transferred by the Union to Seychelles under the

Sustainable Fisheries Partnership Agreement (SFPA).

Programming and implementation of sectoral support

2. Seychelles shall develop a proposal for a multiannual sectoral programme, for the

use of the financial contribution for the sectoral support, covering the duration of the

Protocol. It shall also develop a detailed proposal for an annual sectoral programme

for the use of the financial contribution for the sectoral support for the first and

subsequent years of the Protocol.

3. The sectoral programmes shall focus on a number of actions which are aligned with

national priorities. It shall take into account the capacity of Seychelles to manage,

implement and report on the use of the financial contribution for the Sectoral

Support.

4. The sectoral programmes shall identify the (i) priority areas; (ii) objectives (iii)

activities to be financed; (iv) indicators; (v) targets; (vii) funds allocated to each

action; and (viii) sources of verification.

5. The Joint Committee (JC) shall discuss, amend if appropriate and adopt the proposals

for the multiannual sectoral programme and for the first annual sectoral programme

during its first meeting following the start of the provisional application of the

Protocol. This first meeting shall take place no later than 60 days after the start of the

Protocol’s provisional application.

6. For each of the second and following years, Seychelles shall present an annual

sectoral programme to the Union no later than 30 days before the JC’s meeting.

7. Seychelles shall be responsible for the implementation of the adopted multiannual

and annual sectoral programmes.

Monitoring, reporting and evaluation of sectoral support

8. Seychelles shall closely monitor the implementation of the sectoral programmes.

9. The EU Fisheries Attaché responsible for Seychelles shall regularly visit Seychelles

in order to assess, together with the relevant national authorities, the progress made

in implementing the multiannual sectoral programme. During these visits, the EU

Fisheries Attaché shall have timely access to any document that the EU Fisheries

Attaché considers necessary to verify progress. Access to documents shall not

include information that is confidential or that concerns national interests.

10. Seychelles shall prepare annual progress reports on the implementation of the

sectoral programme. It shall submit them to the Union no later than 30 days before

the JC’s meeting.

11. The annual progress reports shall describe the actions that have been implemented

and the progress that has been made towards achieving the targets for each of the

EN 42 EN

selected indicators. They shall also describe any difficulties that have been

experienced, as well as any corrective measures that have been taken and the results

of such corrective measures. The sources of verification listed in the multiannual

sectoral programme shall be shared with the JC when practical and relevant.

12. The annual progress reports shall contain the level of financial execution of the

financial contribution for the sectoral support. In this regard, the supporting financial

documents relating to budget execution of the financial contribution for the sectoral

support shall be made available.

13. The annual progress reports shall provide all the information the JC needs in order to

make informed decisions regarding the disbursement of subsequent annual

instalments of the financial contribution for the sectoral support.

14. Seychelles shall also submit to the JC, within 90 days of the expiry of this Protocol, a

final report on the implementation of the sectoral support provided for by this

Protocol, in addition to the last annual progress report.

15. Where necessary, the Parties shall continue to monitor the implementation of the

sectoral support after the Protocol expires or is suspended. They shall carry out any

such monitoring in accordance with the provisions of the Protocol.

16. Where necessary the JC may agree that Seychelles undertake an external independent

evaluation financed by the financial contribution for the sectoral support to assess the

results of the multiannual sectoral programme under the terms of reference approved

by the JC.

17. Checks and controls on the use of funds from the financial contribution for the

sectoral support may be carried out by the audit and control bodies of each Party,

including the European Court of Auditors and the European Anti-Fraud Office. This

shall include a right of access to information, documents and beneficiary sites and

facilities.

Criteria and process for the disbursement, suspension and recovery of the financial

contribution for the sectoral support

18. The Union shall pay the financial contribution for the sectoral support to Seychelles

in annual instalments.

19. The financial contribution for the sectoral support for the first year of the Protocol’s

application shall be paid in full no later than 30 days after the JC adopts the

multiannual sectoral programme.

20. The financial contribution for the sectoral support for the second and subsequent

years of the Protocol’s application shall only be paid if all the following four

conditions are met:

(a) The completion of any external independent financial audit agreed by the JC

and financed by the contribution for the sectoral support.

(b) The latest available budget execution information states a financial execution 1

and engagement 2 of at least 75% of the funding received to date.

1 Actual expenditure. 2 Committed funds for an action (e.g. contracted funds) where payment is yet to be made. The action

itself can be at various stages of execution.

EN 43 EN

(c) Sectoral support actions are implemented in accordance with the multiannual

sectoral programme. The agreed indicators shall serve as the benchmark for

determining whether an action has been implemented or is in the process of

being implemented.

(d) The JC has approved the next annual sectoral support programme, in

accordance with the multiannual sectoral programme, including consideration

of increasing the quantum of any annual instalment equivalent to twice the sum

of sector support annual amounts as per Article 4, paragraph 1(b) of the

Protocol.

21. The Union reserves the right to revise and/or suspend, in part or in full, the

disbursement of the financial contribution for the sectoral support if the results

obtained diverge significantly from the programming following the annual evaluation

by the JC or in the event of failure to implement the sectoral support as determined

by the JC.

22. In the event of a revision or suspension by the Union, payment of the financial

contribution for the sectoral support shall resume after consultation between the

Parties and agreement by the JC on the basis of the results of the implementation of

the agreed multiannual programming. Nevertheless, the specific financial

contribution provided for in Article 4, paragraph 1(b) may not be paid out after the

expiration of the Protocol.

23. The financial contribution for the sectoral support shall be disbursed in accordance

with Seychelles public financial management systems. The management of the

transferred resources shall be the sole responsibility of Seychelles.

24. Seychelles may facilitate the co-financing of actions set out under the multiannual

sectoral programme. It shall report on any co-financing in the annual progress

reports.

25. The European Commission may undertake a recovery procedure of the financial

contribution for the sectoral support paid to Seychelles, where sectoral support

activities have not been implemented, executed, committed or not implemented in

accordance with the provisions of this Protocol and where no agreement has been

reached at the JC to resolve such issues. The recovery procedure shall be as follows:

(a) The European Union’s competent authority shall formally notify the competent

Seychelles authorities of its intention to recover a specified amount and shall

set out its reasons for recovering it. Seychelles shall be able to submit

comments, observations and/or requests for clarification on the proposed

recovery within 30 days from the date of receipt of the notification.

(b) Following any submissions by Seychelles, the Parties shall engage in good

faith negotiations in order to resolve any disputes or disagreements regarding

the proposed recovery and in order to agree on any remedial actions or

extended timelines.

(c) If the European Union decides to proceed with the recovery procedure, it shall

formally notify Seychelles of this decision and the basis for it. It shall also

issue an official debit note, with payment due within 30 days. If Seychelles

fails to make payment by the specified due date, the European Union shall

recover the amount due by offsetting it against any amount owed to Seychelles

by the European Union.

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(d) Only in exceptional and duly justified cases, or in the event of an error, may the

European Union modify the amount, the payment deadline or waive recovery,

provided that such modifications are consistent with the principles of sound

financial management and proportionality. Any modifications under this

provision shall be documented and communicated to Seychelles, along with the

reasoning for such changes.

Revision of the Sectoral Support programme

26. Once the JC has approved the multiannual sectoral programme, any proposed

amendments to it may only be considered if they are duly justified. Substantial

amendments that delete or amend the priority areas shall require the JC’s approval.

Proposals for such substantial amendments shall be submitted to the JC in writing at

least 30 days before it meets.

27. In cases when there would be a variation between activities from different priority

areas exceeding 5% of the approved budget, the JC, through exchange of letters, may

agree to the corrective measures to be taken in order to adapt the planning of the

sectoral support. Variations up to 5% have to be notified to the European Union.

28. In cases where there would be a variation within priority areas exceeding 10% of the

approved budget, the JC, through exchange of letters, may agree to the corrective

measures to be taken in order to adapt the planning of the sectoral support. Variations

up to 10% have to be notified to the European Union.

Visibility of the sectoral support programme

29. Seychelles shall ensure that activities implemented under the sectoral support

programme are visible and communicated appropriately and shall agree with the

Union on the means of visibility and communication. A dedicated budget for

communication and visibility shall be allocated under the multiannual sectoral

programme.

30. The ways in which actions under the sectoral support programme shall be made

visible shall include:

(a) public notice of projects and activities to be undertaken;

(b) TV and radio reports as well as press releases on the completion of

projects and activities;

(c) public distribution of reports and studies that have been completed;

(d) use of EU visibility signs on equipment and facilities funded by the

sectoral support, as appropriate;

(e) reasonable advance notice given to the EU for participation in opening

ceremonies, conferences and other events;

(f) joint visits by representatives of Seychelles and the EU concerning the

implementation of field projects and activities.

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APPENDIX 7

PROCESSING OF PERSONAL DATA

Definitions

For the purposes of this Appendix, the following definitions shall apply:

1. ‘data subject’ means any identified or identifiable natural person whose personal data

is being processed;

2. ‘personal data’ means any information relating to a data subject, in particular by

reference such as a name, an identification number, or location data;

3. ‘processing’ means any operation or set of operations performed on personal data or

on sets of personal data, whether or not by automated means, such as collecting,

recording, organising, structuring, storing, adapting or altering, retrieving,

consulting, using, disclosing by transmission or dissemination or making available

by other means, aligning or combining, restricting, erasing or destroying;

4. ‘transferring authority’ means a public authority that sends personal data;

5. ‘receiving authority’ means a public authority to which personal data is sent;

6. ‘data breach’ means a breach of security leading to the accidental or unlawful

destruction, loss, alteration, unauthorised disclosure of, or access to, personal data

transmitted, stored or otherwise processed;

7. ‘personal data breach’ means an unauthorised access and retrieval of personal

information by an individual, group of persons, or software system or a breach of

security leading to the accidental or unlawful destruction, loss, alteration,

unauthorised disclosure of or access to personal data transmitted, stored or otherwise

processed;

8. ‘onward transfer’ means the transfer of personal data by a receiving party to an entity

that is not a signatory to this Protocol (‘third party’);

9. ‘supervisory authority’ means an independent public authority responsible for

monitoring the application of this Appendix in order to protect the fundamental

rights and freedoms of natural persons in relation to the processing of personal data.

Scope

10. The persons concerned by this Protocol are, in particular, natural persons who

beneficially own fishing vessels and their agents, observers, security personnel, and

fishers engaged on board fishing vessels operating under this Protocol.

11. With regard to the implementation of this Protocol, in particular as regards

monitoring of fishing activities and the fight against IUU fishing, the following data

may be exchanged and further processed:

(a) the identification and contact details of the vessel;

(b) the activities of a vessel or relating to a vessel, its position and movements, its

fishing activity or fishing-related activity, collected through checks, inspections

or observers;

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(c) data relating to vessel owner(s) or their agent, such as their name, nationality,

business contact details and business bank account;

(d) data relating to a local agent, such as their name, nationality and business

contact details;

(e) data relating to vessel masters and crew members, such as their names,

nationality, function and, in the case of the master, contact details;

(f) data relating to fishers taken on board, such as their name, contact details,

training and health certificate.

Responsible authorities

12. The authorities responsible for processing the data are the European Commission and

the authority of the flag Member State, for the Union.

13. The authority responsible for processing of data is the Seychelles Fisheries Authority

(SFA), for Seychelles.

Purpose, limitation and data minimisation

14. The personal data requested and transferred under this Protocol shall be adequate,

relevant and limited to what is necessary for the implementation of the Protocol. The

Parties shall exchange personal data under this Protocol only for the specific and

lawful purposes set out in the Protocol.

15. The personal data received shall not be processed for purposes other than those

referred to above, or else they shall be anonymised.

16. Upon request, the receiving authority shall inform the transferring authority without

delay of how the personal data provided is used.

Accuracy

17. The Parties shall ensure that personal data transferred under this Protocol is accurate

and pertinent and that it is regularly updated as required based on what is known to

the transferring authority. If one of the Parties finds that the personal data transferred

or received is inaccurate, it shall inform the other Party without delay and shall

correct and update it as necessary.

Storage limitation

18. Personal data shall not be kept for longer than is necessary for the purpose for which

it was exchanged. It shall be kept for a maximum period in accordance with the

relevant laws of each Party.

Data security and confidentiality

19. Personal data shall be processed in such a way as to ensure that it is properly secure,

taking into account the specific risks of processing, including confidentiality,

protection against unauthorised or unlawful processing and against accidental loss,

destruction or damage. The authorities responsible for processing shall address any

data breach and take all measures necessary to remedy or mitigate any adverse

effects of such personal data breaches. The receiving authority shall notify such a

breach to the transferring authority as soon as possible, and the two authorities shall

cooperate with each other as required and in a timely manner in order for each Party

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to be able to comply with its obligations arising as a result of a personal data breach

under its national legal framework.

20. The Parties undertake to put in place appropriate technical and organisational

measures to ensure that processing of data complies with the provisions of this

Protocol.

Rectification or erasure

21. The transferring authorities shall ensure that they take all reasonable steps to ensure

that personal data is, as appropriate, promptly rectified or erased if the processing is

not compliant with the provisions of this Protocol, in instances where the data is not

adequate, relevant or accurate in relation to the purpose of the processing.

22. The transferring authorities shall notify the receiving authorities of any rectification

or erasure.

Transparency

23. The European Union shall ensure that data subjects are informed, by way of

individual notification and publication of this Protocol on their websites, of the type

of data transferred and further processed, the manner in which personal data is

processed, the relevant tool used for the transfer, the purpose of the processing, the

third parties or categories of third parties to which the information may be further

transferred, the individual rights and mechanisms available to them to exercise their

rights and obtain redress, and details of where they can bring proceedings or lodge

complaints.

Onward transfer

24. The receiving authority shall transfer personal data received under this Protocol to a

third party only if this is justified by an important public interest objective and if the

other requirements laid down in this Appendix are met.

Personal Data subject rights

25. Access to personal data and request for correction and deletion is available to the

data subject in accordance with relevant laws of each Party.

Supervision

26. For the Union, supervision of compliance of the processing of personal data shall be

exercised by the European Data Protection Supervisor (EDPS), where the processing

falls under the competence of the Commission, or by the national data protection

supervisory authorities, where it falls under the competence of the flag Member

State.

27. For the Seychelles, the responsible authority is the Seychelles Fisheries Authority

(SFA).

28. The authorities referred to above shall deal with and resolve complaints relating to

the processing of personal data under this Protocol in an effective and timely manner.

29. A data subject may seek redress for any non-compliance with the safeguards set out

in Article 11 of this Protocol and this Appendix to the extent permitted by the

relevant laws of each Party.

Exchange of information

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30. The Parties shall keep each other informed of any complaints they receive

concerning the processing of personal data under this Protocol, including their

resolution.

Revision

31. The Parties shall notify each other of any amendments to their legislations that have

a bearing on personal data processing.