AGREEMENT between the Government of the Republic of Senegal and the European Economic Community on fishing off the coast of Senegal

THE GOVERNMENT OF THE REPUBLIC OF SENEGAL AND THE EUROPEAN ECONOMIC COMMUNITY (hereinafter referred to as "the Community"),

RECALLING the close relations between the Community and the Republic of Senegal;

IN THE SPIRIT of cooperation resulting from the Lomé Convention, symbolizing the Parties' common desire to intensify friendly relations between the African, Caribbean and Pacific States and the Community;

CONSIDERING their mutual interest in the rational management, conservation and optimum utilization of fish stocks, notably in the Central East Atlantic;

WHEREAS the Republic of Senegal exercises its sovereignty or jurisdiction over a zone extending up to 200 nautical miles from its coast, particularly in respect of sea fishing;

TAKING INTO ACCOUNT the fact that vessels flying the flags of Member States of the Community habitually engage in fishing activities in that zone;

TAKING INTO ACCOUNT the work of the Third United Nations Conference on the Law of the Sea;

AFFIRMING that the exercise by coastal States of their sovereign rights in the waters within their jurisdiction for the purposes of exploring, exploiting, conserving and managing the living resources thereof must be in accordance with the principles of international law;

WHEREAS fishing activities in the waters under the sovereignty or jurisdiction of the Republic of Senegal are governed by its Sea Fishing Code;

DETERMINED TO CONDUCT their relations in a spirit of mutual trust and respect for each other's interests in the sphere of sea fishing;

DESIROUS of establishing the terms and conditions governing fishing activities of mutual interest to the Parties,

HAVE AGREED AS FOLLOWS:

Article 1

The purpose of this Agreement is to establish the principles and rules which will govern in future, in all respects, the fishing activities of vessels flying the flags of Member States of the Community, hereinafter referred to as "Community vessels", in the waters over which the Republic of Senegal has sovereignty or jurisdiction in respect of fisheries, hereinafter referred to as "Senegal's fishing zone".

Article 2

The Government of the Republic of Senegal undertakes to authorize Community vessels to fish in Senegal's fishing zone in accordance with the terms of this Agreement, in particular those stipulated in Annex I, and with the Sea Fishing Code and other laws and regulations in force in Senegal.

Article 3

1. The Community undertakes to take all appropriate steps to ensure that its vessels adhere to the provisions of this Agreement and the rules and regulations governing fishing activities in Senegal's fishing zone.

2. The authorities of Senegal shall notify the Commission of the European Communities in advance of any changes to the said rules and regulations.

Article 4

1. Fishing activities by Community vessels in Senegal's fishing zone shall be subject to the possession of a licence issued at the Community's request by the authorities of Senegal.

2. The authorities of Senegal shall issue fishing licences within the limits laid down by category of vessel in the Protocol referred to in Article 9.

3. Licences shall be valid in the zones defined in Annex I.E., depending on the activity and the type of vessel in question.

4. Licences shall be valid from the day of issue until 31 December of the year in which they are issued.

5. A licence shall be issued for a given vessel and shall not be transferable.

6. Where a vessel in possession of a licence is prevented from using it by force majeure, the licence may be replaced at the Community's request by another one which shall be valid for a vessel of the same category.

Article 5

1. Licences shall be issued by the authorities of the Republic of Senegal upon payment of a fee by the shipowner concerned.

2. For those vessels that are obliged to land their entire catch at Senegalese ports, the fee shall be that laid down by the Senegalese rules and regulations in force. For those vessels that are not obliged to land their entire catch in Senegal, the fee shall be double that mentioned in the preceding sentence.

The amounts payable are set out in Annex I.A.

Licences shall be paid for in full when they are issued or declared valid ; the fees for licences assessed on the basis of the quantity of fish caught shall be payable at the close of the year.

3. The fee for a licence issued under Article 4 (6) shall be in proportion to the remainder of the year.

Article 6

The Parties undertake to concert action, either directly or within international organizations, to ensure the management and conservation of the living resources, particularly in the Central East Atlantic, and to facilitate the relevant scientific research.

Article 7

Vessels authorized to fish in Senegalese waters under this Agreement shall be obliged to forward to the relevant Senegalese authorities statements of catches in accordance with the arrangements set out in Annex I.B. to this Agreement.

Article 8

Wet trawlers and tuna boats, authorized under this Agreement to fish in Senegal's fishing zone, shall be obliged to land their entire catch.

Freezer trawlers and tuna boats shall be obliged to land part of their catch in accordance with the arrangements set out in Annex I.C. to this Agreement.

Article 9

In return for the fishing opportunities accorded under this Agreement, the Community shall pay the Republic of Senegal compensation as set out in the Protocol to this Agreement.

This compensation, which shall be paid without prejudice to financing accorded to the Republic of Senegal under the Lomé Convention, shall be mobilized in accordance with the special procedure described in the said Protocol.

The compensation shall be used to finance projects and services of a rural nature, in particular relating to sea fishing.

Article 10

The Parties agree to consult in the event of a dispute concerning the interpretation or application of this Agreement, where appropriate in accordance with the procedure set out in Annex II.

Article 11

A Joint Committee shall be set up to ensure that this Agreement is applied correctly.

The Committee shall meet once a year, alternating between Senegal and the Community, and shall hold special meetings at the request of either Contracting Party.

Article 12

Should the authorities of Senegal decide, as a result of an unforeseeable change in the state of the fish stocks, to take new conservation measures which, in the opinion of the Community, have a considerable effect on the fishing activities of Community vessels, consultations must be held between the Parties in order to adapt Annex I and the Protocol referred to in Article 9.

Such consultations shall be based on the principle that any reduction in the fishing opportunities provided for in the said Protocol shall be offset by other fishing opportunities of equivalent value, account being taken of compensation already paid by the Community.

Article 13

Nothing in this Agreement shall affect or prejudice in any manner the views of either Party with respect to any matter relating to the Law of the Sea.

Article 14

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Republic of Senegal.

Article 15

The Parties agree to examine this Agreement upon the conclusion of the negotiations for a Multilateral Treaty which are being conducted within the framework of the Third United Nations Conference on the Law of the Sea.

Article 16

The Annexes form an integral part of this Agreement and, unless otherwise specified, a reference to this Agreement constitutes a reference to its Annexes.

Article 17

This Agreement shall be concluded for an initial period of two years running from the date of its entry into force. In the event of the Agreement not being terminated by either Party through notice of termination given at least six months before the expiry of that two-year period, it shall remain in force for additional periods of one year, provided that notice of termination has not been given at least three months before the expiry of each yearly term.

Negotiations shall then take place between the Parties to determine by mutual agreement the amendments or additions to be made to the Annexes or the Protocol referred to in Article 9.

Article 18

This Agreement shall enter into force on the date on which the Parties notify one another of the completion of the procedures necessary for this purpose.

ANNEX I

CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES IN SENEGAL'S FISHING ZONE BY VESSELS FLYING THE FLAGS OF MEMBER STATES OF THE COMMUNITY

A. Licence application and issuing formalities

The procedure for applications for and issue of the annual licences enabling vessels flying the flags of Member States of the Community to fish in Senegalese waters shall be as follows:

1. The relevant Community authorities must present to the relevant Senegalese authorities (MDR)[1] an application for each vessel that wishes to fish under the Agreement.

[1] Ministêre du developpement rural (Ministry of Rural Development).

The application shall be made on the forms provided for that purpose by the Government of Senegal. A specimen is annexed hereto.

The fees are set according to the following scale:

(a) trawlers landing their entire catch: CFA 7 500 per gross register ton per year;

(b) trawlers not landing their entire catch: CFA 15 000 per gross register ton per year;

(c) tuna boats landing their entire catch: CFA 1 per kg of fish caught per year;

(d) tuna boats not landing their entire catch: CFA 2 per kg of fish caught per year.

2. The fee shall be for one year, regardless of the period for which the licence is valid, except in the case referred to in Article 4 (6) of the Agreement and in that referred to in paragraph 3 below.

3. For licences issued between the date when the Agreement becomes operative and 1 January following that date, the fee shall be in proportion to the period for which they are valid.

4. The relevant Senegalese authorities shall examine each application to see that it complies with the Agreement and with Senegalese legislation and shall apply the scale of fees to be paid.

The relevant Senegalese authorities shall inform the Community authorities of these decisions.

5. The licences issued upon payment of the fees shall be valid for a given vessel and shall not be transferable.

6. Should there be any difficulties or additional information needed when applications are examined and licences issued, consultations shall be held between the representatives of the Contracting Parties, in particular through the Direction de l'Océanographie et des Pêches maritimes (Directorate for Oceanography and Sea Fisheries) and the Delegation of the Commission of the European Communities in Dakar.

B. Statement of catch

All vessels authorized to fish in Senegalese water under the Agreement shall be obliged to forward to the Direction de l'Océanographie et des Pêches maritimes a statement of their catch made out according to the attached specimen.

A statement of catch must be presented after each trip for wet vessels or every month for freezer vessels, and in this case before the end of the following month.

Should these provisions not be adhered to, the Government of Senegal reserves the right to suspend the licence of the offending vessel until the formality has been complied with. In addition, the penalty provided for under Article 49 of Senegal's Sea Fishing Code shall be inflicted upon the owner of the said vessel.

C. Landing of catch

Vessels authorized to fish in Senegalese waters under the Agreement shall be obliged to land part or all their catch, depending on the type of fishing practised.

1. Wet trawlers and tuna boats shall land their entire catch in Senegal. Where catchers are made in fishing zones that are not under Senegal's sovereignty or jurisdiction, the Parties shall consult within the Joint Committee in order to set the percentage of the catch to be landed in Senegal.

2. During the first year of application of the Agreement, freezer tuna boats may be obliged to land up to 4 000 tonnes of tuna on price terms to be worked out between the shipowners and the users concerned on the basis of the selling prices charged by those same shipowners on their market; the terms for landings in subsequent years shall be determined within the Joint Committee by mutual agreement with the shipowners concerned on the basis of catches made during the preceding year in Senegal's fishing zone.

3. Every six months, freezer trawlers shall land 100 kg of fish and crustaceans per gross register ton.

Any failure to comply with the obligation to land catches shall render the shipowner liable to the following sanctions on the part of the Senegalese authorities:

1. fine of CFA 25 000 per tonne not landed;

2. withdrawal of the licence, which shall not be renewed until the quantities due have been delivered.

D. Training grants

The two Parties agree that an essential condition for the success of their cooperation is that the competence and know-how of persons engaged in sea fishing should be improved. To this end, the Community shall make it easier for Senegalese nationals to find places in establishments in its Member States and shall provide study and training grants for the purpose in the various scientific, technical and economic disciplines connected with fisheries.

E. Fishing zones

The fishing zones referred to in Article 4 of the Agreement shall be as follows:

(a) wet trawlers and freezer vessels engaged in near-water fishing as defined in Article 5 of Senegal's Sea Fishing Code shall be authorized to fish outside the limit of the first six nautical miles of the waters under Senegalese jurisdiction;

(b) freezer trawlers engaged in distant-water fishing shall be authorized to fish outside the limit of the first 12 nautical miles of the waters under Senegalese jurisdiction;

(c) wet and freezer tuna boats shall be authorized to fish throughout the waters under Senegalese jurisdiction.

The extent of the waters under Senegalese jurisdiction is measured from the baselines defined in Decret No 72-756 of 5 July 1972.

REPUBLIC OF SENEGAL

One people - One goal - One faith

MINISTRY OF RURAL DEVELOPMENT AND

WATER ENGINEERING

DIRECTORATE FOR OCEANOGRAPHY AND

SEA FISHERIES

Addendum to Annex I - A.I

APPLICATION FORM FOR FISHING LICENCE

APPLICANT

- Name and first name:

- Date of birth:

- Occupation:

- Trade Register No:

- Style of firm:

- Number of employees:

- Permanent:

- Temporary:

- Annual turnover:

- Address:

VESSEL

- Name:

- Registration No:

- Date and place of construction:

- Original nationality:

- Date of transfer to Senegalese flag:

- Lengths:

- Widths:

- Gross register tons:

- Net register tons:

- Engine type and rating:

- Number of seamen aboard:

- Type of fishing:

A. Trawling:

Length of trawl:

Opening:

Mesh size in the body:

Mesh size in the wings:

B. Sardine fishing:

Length of net:

Depth of net:

C. Tuna fishing:

Number of poles:

Length of net:

Number of bait tanks:

Volume of bait tanks:

Live bait-

Purse-seine-

- Is the vessel a freezer vessel-

- If so:

- Total freezing power:

- Freezing capacity:

- Storage capacity:

SHORE INSTALLATIONS

- Address and permit No:

- Style of firm:

- Activities:

- Domestic wholesale fish trading:

- Exploitation export wholesaling:

- Type and No of wholesale trader's card:

- Description of cold store and technical installations:

- Number of employees:

- Permanent:

- Temporary:

Technical notes by the Director for Fisheries

Authorization of the Minister for Rural Development

Addendum to Annex I - B.I

STATEMENT OF CATCH

FISHING TACKLE USED

>TABLE POSITION>

INFORMATION ON FISHING ACTIVITIES

>TABLE POSITION>

Addendum to Annex I - B.II

REPUBLIC OF SENEGAL

MINISTRY OF RURAL DEVELOPMENT

DIRECTORATE FOR OCEANOGRAPHY AND

SEA FISHERIES

STATEMENT OF FISHING ACTIVITIES

Name of vessel:

Type of fishing:

Permit No:

Home port:

Catches:

>TABLE POSITION>

I, the undersigned, ....... owner of the above or his duly authorized representative, hereby certify that the above statement conforms to the actual catches made by my vessel.

Done at

signature and stamp of shipowner

ANNEX II

PROCEDURE FOR SETTLEMENT OF DISPUTES

The two Parties undertake to submit any disputes that may occur between them as to the interpretation or the application of the Agreement, apart from those relating to the exercise by Senegal of its sovereign rights over the waters off its coast, to the following arbitration procedure, should it prove impossible to settle them under Article 10:

1. Within two months of the date on which either Party formally requests that a dispute be submitted to arbitration in accordance with this Annex, each Contracting Party shall appoint one member of the arbitration tribunal and these two members shall, within three months of the same date, appoint, by mutual agreement and on behalf of the two Parties, a national of a third State as the third member of the tribunal.

2. The Contracting Party requesting arbitration shall submit, when its request is treated, a statement of its claim and the grounds on which such claim is based.

3. The arbitration tribunal shall reach its decisions by majority vote, basing them on the Agreement and on the other rules of international law. Decisions shall be binding on the two Parties. The cost of arbitration shall normally be borne by the two Contracting Parties in equal shares.