# EUR-Lex - 52014PC0518 - EN

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# 52014PC0518

**Proposal for a COUNCIL DECISION on the conclusion of a Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Senegal and the Implementation Protocol thereto /* COM/2014/0518 final - 2014/0238 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Council authorised the European
Commission to negotiate, on behalf of the European Union, the renewal of the
Agreement between the Government of the Republic of Senegal and the European
Economic Community on fishing off the coast of Senegal, which entered into
force on 1 June 1981, and a Protocol setting out the fishing opportunities and
financial contribution. At the end of the negotiations a new draft Agreement
and Protocol were initialled by the negotiators on 25 April 2014. The new
Agreement repeals and replaces the existing Agreement; it covers a period of
five years from its entry into force, renewable by tacit agreement. The new
Protocol covers a period of five years from the date of provisional application
laid down in Article 12, that being the date on which it was signed by the
parties.

The main aim of the new Agreement is to provide
an updated framework taking into account the priorities of the reformed Common
Fisheries Policy and its external dimension, with a view to establishing a
strategic partnership between the European Union and the Republic of Senegal in the field of fisheries.

The aim of the Protocol is to grant fishing
opportunities to European Union vessels in Senegalese waters taking into
account available scientific assessments, in particular those of the Fishery
Committee for the Eastern Central Atlantic (CECAF), and in accordance with the
best available scientific advice and the recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT), within the limits of
the available surplus. The Commission based its position in part on the results
of a forward-looking assessment, carried out by external experts, of whether a
new Agreement and Protocol should be concluded. The aim is also to enhance
cooperation between the European Union and the Republic of Senegal to promote a sustainable fisheries policy and sound exploitation of fisheries resources
in the Senegalese fishing zones, in the interests of both parties.

The Protocol provides for fishing
opportunities in the following categories:

-           28 tuna seiners;

-           8 pole-and-line vessels;

-           2 trawlers (targeting black
hake, a deep-sea demersal species).

The Commission proposes, on this basis,
that the Council, with the consent of the Parliament, adopt by Decision the
conclusion of this new Agreement and Protocol.

2.           RESULTS OF CONSULTATIONS
WITH INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted as
part of the forward-looking assessment of whether a new Fisheries Partnership
Agreement should be entered into by the European Union and the Republic of Senegal. Experts from the Member States were also consulted in technical
meetings. These consultations led to the conclusion that it would be beneficial
to renew the Fisheries Agreement and conclude a Fisheries Protocol with the Republic of Senegal.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This procedure is being initiated in
parallel with the procedures relating to the Council Decision authorising the
signature and provisional application of the Sustainable Fisheries Partnership
Agreement and the Implementation Protocol thereto, and to the Council
Regulation concerning allocation of the fishing opportunities between the
Member States of the European Union.

4.           BUDGETARY IMPLICATION

The annual financial contribution has been
set at EUR 1 808 000 for the first year, EUR 1 738 000
for the second, third and fourth years and EUR 1 668 000 for the
fifth year, based on:

(a) a reference tonnage of 14 000 tonnes
for tunas and a volume of authorised catches of 2 000 tonnes for black
hake, the amounts linked to such access having been set at EUR 1 058 000
for the first year, EUR 988 000 for the second, third and fourth
years, and at EUR 918 000 for the fifth year; and

(b) support for the development of the
sectoral fisheries policy of the Republic of Senegal amounting to EUR 750 000
per year. This support meets the objectives of the national fisheries policy
and in particular the needs of the Republic of Senegal in terms of support for
scientific research, for monitoring and fighting against illegal fishing, and
for small-scale fishing, including the rehabilitation of degraded ecosystems to
allow the recovery of juvenile stocks.

2014/0238 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of a Sustainable
Fisheries Partnership Agreement between the European Union and the Republic of Senegal and the Implementation Protocol thereto

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)(a) and (7) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament[1],

Whereas:

(1)       The Union has signed with Senegal a Sustainable Fisheries Agreement for a duration of five years, renewable by tacit
agreement, and an Implementation Protocol thereto for a period of five years,
granting Union vessels fishing opportunities in the waters over which the Republic of Senegal has sovereignty or jurisdiction in respect of fisheries.

(2)       The Agreement and Protocol
were signed on [...] in accordance with Decision 2014/../EU[2] and will apply on a
provisional basis from the date of their signature.

(3)       The Agreement and Protocol
should be approved on behalf of the Union.

(4)       The Agreement establishes
a Joint Committee responsible for monitoring its implementation. Furthermore,
in accordance with the Protocol, the Joint Committee may approve certain
amendments to the Protocol. In order to facilitate the approval of such
amendments, the Commission should be empowered, subject to specific conditions,
to approve them under a simplified procedure,

HAS ADOPTED THIS DECISION:

Article 1

The Sustainable Fisheries Partnership
Agreement between the European Union and the Republic of Senegal (hereinafter
referred to as ‘the Agreement’) and the Implementation Protocol thereto
(hereinafter referred to as ‘the Protocol’) are hereby approved on behalf of
the Union.

The text of the Agreement and Protocol is
attached to this Decision as Annexes I and II.

Article 2

The President of the Council shall
designate the person(s) empowered on behalf of the Union to make the
notification provided for in Article 16 of the Agreement and Article 13 of
the Protocol, in order to express the consent of the Union to be bound by the
Agreement and the Protocol thereto.

Article 3

In accordance with the conditions laid down
in Annex III to this Decision, the Commission is authorised to approve, on
behalf of the Union, any amendments to the Protocol adopted by the Joint
Committee provided for in Article 7 of the Agreement.

Article 4

This Decision shall enter into force on the
third day following that of its publication in the Official Journal of the
European Union.

Done at Brussels,

For
the Council

The
President

[1]               OJ C , , p. .

[2]               OJ C , , p. .

Annex I

AGREEMENT

on a Sustainable Fisheries
Partnership between the European Union and the Republic of Senegal

THE EUROPEAN UNION, hereinafter
referred to as ‘the Union’, and

THE REPUBLIC OF SENEGAL, hereinafter referred to as ‘Senegal’,

hereinafter referred to as the
‘Parties’,

CONSIDERING the close working
relationship between the Union and Senegal, particularly in the context of the
Cotonou Agreement, and their mutual desire to intensify that relationship,

HAVING REGARD TO the 1982 United
Nations Convention on the Law of the Sea and the 1995 Fish Stocks Agreement,

DETERMINED to apply the decisions
and recommendations taken by the relevant Regional Fisheries Management
Organisations of which the Parties are members,

AWARE of the importance of the principles
established by the Code of Conduct for Responsible Fisheries adopted by the
Food and Agriculture Organisation (FAO) in 1995,

DETERMINED to cooperate, in their
mutual interest, in promoting the establishment of responsible fisheries to
ensure the long-term conservation and sustainable exploitation of marine living
resources,

CONVINCED that such cooperation must
take the form of initiatives and measures which, whether taken jointly or
separately, are complementary and ensure consistent policies and synergy of
effort,

AGREEING, for the purposes of such
cooperation, to establish the dialogue with civil society operators, in
particular the fishing industry, needed to implement the fishing policies of Senegal,

WISHING to establish terms and
conditions governing the fishing activities of Union vessels in Senegalese
waters, on the one hand, and Union support for sustainable fishing in those
waters on the other hand,

RESOLVED to pursue closer economic
cooperation in the fishing industry and related activities by promoting
cooperation between companies from both Parties,

HAVE AGREED AS FOLLOWS:

Article 1 – Definitions

For the purposes of this Agreement:

a)      ‘Senegalese authorities’ means the
Ministry of Fisheries of the Republic of Senegal;

b)      ‘Union authorities’ means the European
Commission;

c)      ‘fishing activity’ means searching for
fish, shooting, setting, towing, hauling of a fishing gear, taking catch on
board, transhipping, retaining on board, processing on board, transferring,
caging, fattening and landing of fish and fishery products;

d)      ‘fishing vessel’ means any ship or
other vessel used, equipped or of a type normally used for fishing purposes
according to Senegalese law;

e)      ‘Union fishing vessel’ means any
fishing vessel flying the flag of a Member State and registered in the Union;

f)       ‘Senegalese waters’ means the waters
under the sovereignty or jurisdiction of Senegal;

g)      ‘Agreement’ means the Agreement, the
Protocol, its Annex and Appendices;

h)      ‘force majeure’ means sudden,
unforeseen and unavoidable events that may endanger or prevent normal fishing
activities in Senegalese waters.

Article 2 - Subject

This Agreement establishes the principles,
rules and procedures governing:

(a) 
the conditions under which Union fishing vessels
may conduct fishing activities in Senegalese waters within the limits of the
available surplus;

(b) 
economic, financial, technical and scientific
cooperation in the fisheries sector with a view to promoting sustainable
fishing in Senegalese waters and developing Senegal's fisheries sector;

(c) 
cooperation on the arrangements for monitoring
fisheries in Senegalese waters with a view to ensuring that the above rules and
conditions are complied with, that the measures for the conservation and
management of fishery resources are effective and that illegal, unreported and
unregulated fishing is prevented.

Article 3 – Principles

1. 
The Parties undertake to promote responsible
fishing in Senegalese waters as provided for in FAO’s Code of Conduct for
Responsible Fishing.

2. 
Senegal undertakes not
to grant more favourable conditions than those laid down in this Agreement to
segments of other foreign fleets present in its waters whose vessels have the
same characteristics and target the same species as those covered by this
Agreement.

3. 
The Parties undertake to ensure that this
Agreement is implemented in accordance with Article 9 of the Cotonou
Agreement on essential elements regarding human rights, democratic principles
and the rule of law, and fundamental element regarding good governance ,
following the procedure set out in Articles 8 and 96 thereof.

4. 
The Parties undertake to ensure that this
Agreement is implemented in accordance with the principles of good economic and
social governance, taking into account the state of fishery resources.

5. 
The International Labour Organisation (ILO)
Declaration on Fundamental Principles and Rights at Work shall apply as of
right to seamen taken on board Union fishing vessels. This concerns in
particular freedom of association, effective recognition of the right to
collective bargaining, and elimination of discrimination in respect of
employment and occupation.

6. 
The Parties shall consult one another prior to
adopting any decision that may affect the activities of Union vessels under
this Agreement.

Article 4 – Access to Senegalese waters

1. 
Union fishing vessels may only carry out their
activities in Senegalese waters if they are in possession of a fishing
authorisation issued under this Agreement; all other fishing activities are
forbidden.

2. 
The Senegalese authorities may only issue
fishing authorisations to Union fishing vessels under this Agreement; the
issuing to these vessels of other authorisations, in particular private
licences, is forbidden.

Article 5 - Applicable law and
implementation

1. 
The fishing activities governed by this
Agreement  shall, without prejudice to the provisions herein, be subject to
Senegalese law.

2. 
The Senegalese authorities shall notify the
Union authorities of any amendments to legislation that may affect the
activities of Union fishing vessels. This legislation shall be enforceable
against the latter as of the sixtieth day following receipt of the notification
by the Union authorities.

3. 
Senegal undertakes to
take all the appropriate steps required for the effective application of the
fisheries monitoring measures provided for in this Agreement. Union fishing
vessels shall cooperate with the Senegalese authorities responsible for
carrying out such monitoring.

4. 
The Union undertakes to take all the appropriate
steps required to ensure that its vessels comply with the provisions of this
Agreement and of the relevant Senegalese legislation.

5. 
The Union authorities shall notify the
Senegalese authorities of any amendments to legislation that may affect the
activities of Union fishing vessels under this Agreement.

Article 6 – Financial contribution

1. 
The Union shall grant Senegal a financial
contribution under this Agreement in order to:

(a) 
cover part of the costs of access by Union
fishing vessels to Senegalese fishery resources, irrespective of the part of
the access costs due by vessel owners;

(b) 
improve Senegal's capacity to formulate and
implement a sustainable fisheries policy through sectoral support.

2. 
The financial contribution for sectoral support
shall be separate from the payments for access costs. It shall be determined by
and conditional on the achievement of Senegalese sectoral fisheries policy
objectives in accordance with the procedures laid down in the Protocol to this
Agreement following annual and multiannual implementation programming.

3. 
The financial contribution granted by the Union shall be paid annually in accordance with the procedure laid down in the Protocol.
The amount of this contribution may be reviewed in the following cases:

(a) 
force majeure;

(b) 
a reduction in the fishing opportunities granted
to Union vessels, for the purposes of managing the stocks concerned, where this
is considered necessary for the conservation and sustainable exploitation of
resources on the basis of the best available scientific advice;

(c) 
an increase in the fishing opportunities granted
to Union vessels, where the best available scientific advice concurs that the
state of resources so permits;

(d) 
a reassessment of the terms of the financial
contribution for sectoral support, where this is warranted by the results of
the annual and multiannual programming observed by both Parties;

(e) 
suspension of this Agreement under Article 13;

(f) 
termination of this Agreement under Article 14.

Article 7 – Joint Committee

1. 
A Joint Committee, consisting of representatives
of the Union and Senegal authorities, shall be set up to monitor the
application of this Agreement. It may also adopt amendments to the Protocol,
Annex and Appendices.

2. 
The Joint Committee's monitoring role shall
mainly consist of:

(a) 
monitoring the performance, interpretation and
application of this Agreement and, in particular, the definition of the annual
and multiannual programming referred to in Article 6(2) and evaluation of its
implementation;

(b) 
providing the necessary liaison for matters of
mutual interest relating to fisheries;

(c) 
acting as a forum for the amicable settlement of
any disputes regarding the interpretation or application of the Agreement.

3. 
The Committee's decision-making role shall
consist of approving amendments to the Protocol, Annex and Appendices to this
Agreement with regard to:

(a) 
reassessing the fishing opportunities and,
consequently, the amount of the financial contribution;

(b) 
the sectoral support procedures;

(c) 
the conditions for the exercise of fishing
activities by Union fishing vessels.

Decisions shall
be taken by consensus and set out in the annex to the minutes of the meeting.

4. 
The Joint Committee shall carry out its
functions in accordance with the aims of this Agreement and the relevant rules
adopted by the regional fisheries organisations.

5. 
The Joint Committee shall meet at least once a
year, alternately in Senegal and in the Union, or in another mutually-agreed
location, and shall be chaired by the Party hosting the meeting. It shall hold
a special meeting at the request of either Party.

Article 8 - Cooperation on surveillance
and combating illegal, unreported and unregulated fishing

The Parties undertake to work closely
together in combating illegal, unreported and unregulated fishing with a view
to establishing responsible fishing and sustainable fisheries.

Article 9 – Scientific cooperation

1. 
The Parties shall encourage scientific
cooperation so as to better monitor the state of marine living resources in
Senegalese waters.

2. 
The Parties shall consult one other, in
particular within a joint scientific working group and the relevant international
organisations, with a view to enhancing management and conservation of living
resources in the Atlantic Ocean and cooperating with respect to the relevant
scientific research.

Article 10 - Cooperation between
fisheries professional organisations, the private sector and civil society

1. 
The Parties shall encourage economic and
technical cooperation in the fisheries sector and related sectors. They may
consult one another with a view to facilitating and coordinating the various
measures that might be taken to this end.

2. 
The Parties undertake to promote the exchange of
information on fishing techniques and gear, preservation methods and the
industrial processing of fisheries products.

3. 
The Parties shall endeavour to create conditions
favourable to the promotion of relations between their enterprises in the
technical, economic and commercial spheres, by encouraging the establishment of
an environment favourable to the development of business and investment. Where
appropriate they shall encourage the creation of joint ventures.

Article 11 – Area of application

This Agreement
shall apply, on the one hand, to the territories in which the Treaty on
European Union is applied and under the conditions laid down in that Treaty,
and on the other hand to Senegal.

Article 12 - Duration

This Agreement
shall apply for five years from the date of its entry into force. It shall be
renewable by tacit agreement, unless notice of termination is given in
accordance with Article 14.

Article 13 - Suspension

1. 
Application of this Agreement may be suspended
unilaterally by either Party in the following cases:

(a) 
force majeure;

(b) 
a dispute between the Parties as to the
application or implementation of this Agreement;

(c) 
violation by one of the Parties of the
provisions of this Agreement, in particular of Article 3(3) with respect
to human rights.

2. 
Suspension of the Agreement shall be notified to
the other Party in writing and shall take effect three months after receipt of
the notification. On notification of suspension the Parties shall enter into
consultations with a view to resolving their differences amicably within three
months. These consultations may continue after suspension has taken effect.
Should an amicable solution be reached, application of the Agreement shall be
resumed immediately and payment of the financial contribution referred to in
Article 6 shall be reduced proportionately and pro rata temporis.

Article 14 - Termination

1. 
Application of this Agreement may be terminated
unilaterally by either Party in the following cases:

(a) 
force majeure;

(b) 
degradation of the stocks concerned according to
the best available independent, reliable scientific advice;

(c) 
failure by Union vessels to exploit the fishing
opportunities granted to them;

(d) 
failure to comply with undertakings made by the
Parties with regard to combating illegal, unreported and unregulated fishing.

2. 
Termination of the Agreement shall be notified
to the other Party in writing and shall take effect six months after receipt of
the notification, unless the Parties decide by common accord to extend this
period. On notification of termination, the Parties shall enter into
consultations with a view to resolving their differences amicably within six
months. Should an amicable solution be reached, application of the Agreement
shall be resumed immediately and payment of the financial contribution referred
to in Article 6 shall be reduced proportionately and pro rata temporis.

Article 15 – Repeal

The Agreement
between the Government of the Republic of Senegal and the European Economic
Community on fishing off the coast of Senegal, which entered into force on
1 June 1981, is hereby repealed.

Article 16 – Entry into force

This Agreement is drawn up in duplicate in
the Bulgarian, Czech, Estonian, Danish, Dutch, English, Finnish, French,
German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of
these texts being equally authentic.

It will enter into force on the date on
which the Parties notify each other that they have completed the necessary
procedures for that purpose.

Article 17 - Provisional application

Signature of this Agreement by the Parties
entails its provisional application prior to its entry into force.

Annex II 
Protocol

PROTOCOL
on the implementation of the Sustainable Fisheries Partnership Agreement
between the European Union and the Republic of Senegal

Article 1
Field of application

1. 
The fishing opportunities granted to Union
fishing vessels are hereby determined as follows:

– 
 highly migratory species (listed in Annex 1 to
the 1982 United Nations Convention on the Law of the Sea), with the exception
of species protected or prohibited by the International Commission for the
Conservation of Atlantic Tunas (ICCAT):

(a) 
 28 freezer tuna seiners

(b) 
8 pole-and-line vessels

– 
  deep-sea demersal species:

(c) 
 2 trawlers

This paragraph
shall apply subject to Articles 5 and 6 of this Protocol.

2. 
The fishing opportunities described in the first
indent concern only the Senegalese fishing zones the geographical coordinates
for which are listed in the Annex.

Article 2
Duration

This Protocol and its Annex shall apply for five years
from the date of its entry into force or, if applicable, from the date of its
provisional application.

Article 3
Financial contribution

1. 
The total value of the Protocol, for the period
referred to in Article 2, is estimated at EUR 13 930 000.
This amount is distributed as follows:

1.1. 
EUR 8 690 000 by way of the
financial contribution referred to in Article 6 of the Agreement, allocated as
follows:

(1) 
an annual amount as financial compensation for
access to resources of EUR 1 058 000 for the first year,
EUR 988 000 for the second, third and fourth years and
EUR 918 000 for the fifth year, equivalent to a reference tonnage,
for highly migratory species, of 14 000 tonnes per year;

(2) 
a specific amount of EUR 750 000 per
year for five years to support implementation of the Senegalese sectoral
fisheries policy;

1.2. 
EUR 5 240 000, corresponding to
the estimated levies payable by the vessel owners for the fishing authorisations
issued under Article 4 of the Agreement and according to the procedures
set out in Chapter II, point 3.

2. 
Paragraph 1 shall apply subject to Articles 5,
6, 7 and 8 of this Protocol and Articles 13 and 14 of the Agreement.

3. 
Senegal shall ensure that the activities of the
Union fishing vessels in its fishing zones are monitored in order to ensure
appropriate management of the reference tonnage set out in
paragraph 1.1.(1) for highly migratory species and of the total admissible
catch for demersal species indicated in the corresponding technical sheet
annexed to this Protocol, taking into account the state of the stocks and any
available surplus. During this monitoring Senegal shall notify the Union
authorities as soon as the catch level of the Union vessels operating in the
Senegalese fishing zones reaches 80% of the reference tonnage or 80% of the
total allowable catch for demersal species. On receipt of this notification the
Union shall inform the Member States.

4. 
As soon as the catch level reaches 80% of the
reference tonnage or 80% of the total allowable catch for demersal species,
Senegal shall ensure that monitoring takes place on the basis of monthly
catches made by Union fishing vessels. This monitoring shall be carried out on
a daily basis as soon as the Electronic Reporting System (ERS) described in
Chapter IV, Section 1 of the Annex to this Protocol is in operation. Senegal
shall notify the Union authorities as soon as the above-mentioned reference
tonnage or total allowable catch has been reached. On receipt of this
notification the Union shall likewise inform the Member States.

5. 
If the annual quantity of catches of highly
migratory species by Union fishing vessels in Senegalese waters exceeds the
annual reference tonnage indicated in paragraph 1.1.(1), the total amount
of the annual financial contribution shall be increased by EUR 55 for the
first year, EUR 50 for the second, third and fourth years and EUR 45
for the fifth year for each additional tonne caught.

6. 
The total allowable catch of demersal species
indicated in the corresponding technical sheet attached to the Annex of this
Protocol corresponds to the maximum volume of authorised catches of these
species. If the annual quantity of catches exceeds the total allowable catch,
the levy indicated in the technical sheet, payable only by the vessel owners,
shall be increased by 50% for the catches exceeding the limit.

7. 
However, the total annual amount paid by the
European Union shall not be more than twice the amount indicated in paragraph
1.1(1). Where the quantities caught by Union fishing vessels exceed the
quantities corresponding to twice the total annual amount, the amount due for
the quantity exceeding that limit shall be paid the following year.

8. 
Payment of the financial contribution laid down
in paragraph 1.1(1) for access by Union fishing vessels to Senegalese fishery
resources shall be made by the Union no later than ninety (90) days after
the date of provisional application of the Protocol for the first year, and no
later than on the anniversary date of the signing of the Protocol for the
following years.

9. 
The financial contribution indicated in
paragraph 1.1(1) shall be paid into a Senegal Public Treasury account. The
financial contribution indicated in paragraph 1.1(2), earmarked for sectoral support,
shall be placed at the disposal of the Directorate for Maritime Fisheries in an
open-deposit Public Treasury account. The Senegalese authorities shall notify
the European Commission of the relevant bank account numbers on an annual
basis.

Article 4
Sectoral support

1. 
No later than three (3) months after the entry
into force or, if applicable, the provisional application of this Protocol, the
Joint Committee shall agree on a multiannual sectoral programme and rules for
implementing it, in particular:

(1) 
annual and multiannual guidelines for using the
financial contribution referred to in Article 3(1.1)(2);

(2) 
the objectives, both annual and multiannual, to
be achieved with a view to establishing, over time, responsible and sustainable
fishing, taking account of the priorities expressed by Senegal in its national
fisheries policy or other policies relating to or having an impact on the
introduction of responsible and sustainable fishing, particularly with regard
to small-scale fishing and the surveillance, monitoring and combating of
illegal, unreported and unregulated (IUU) fishing, as well as priorities for
reinforcing Senegal's scientific capacities in the fisheries sector;

(3) 
the criteria and procedures, including, where
appropriate, budgetary and financial indicators, to be used for evaluating the
results obtained each year.

2. 
The Joint Committee shall identify the
objectives and estimate the expected impact of the projects in order to approve
the allocation by Senegal of the financial contribution for sectoral support.

3. 
Each year, Senegal shall present an annual
achievement report, to be examined by the Joint Committee, setting out how the
projects implemented with sectoral financial support have progressed. . A final
report shall also be drawn up by Senegal before the Protocol expires.

4. 
The specific financial contribution for sectoral
support shall be paid in instalments based on a detailed analysis of the
outcomes of the sectoral support and of the needs identified during the
programming. The Union may suspend, partially or totally, payment of the
specific financial contribution provided for in Article 3(1.1)(2) of this
Protocol:

4.1. 
if the results obtained are inconsistent with
the programming, following an evaluation carried out by the Joint Committee;

4.2. 
in the event of failure to implement this
financial contribution in line with the agreed programming.

Payment of the financial contribution shall
resume after consultation and agreement by the Parties, and/or if the results
of the financial implementation referred to in paragraph 4 so warrant.
Nevertheless, the specific financial contribution provided for in
Article 3(1.1)(2) may not be paid out beyond a period of six (6) months
after the Protocol expires.

5. 
All proposed amendments to the multiannual
sectoral programme shall be approved by the Joint Committee.

Article 5
Scientific cooperation

1. 
With regard to the region of West Africa, the
Parties undertake to promote cooperation as regards responsible fishing. The
Parties undertake to comply with the recommendations and resolutions of the
International Commission for the Conservation of Atlantic Tunas (ICCAT) and to
take account of the scientific opinions of other competent regional
organisations such as the Committee for Eastern Central Atlantic Fisheries
(CECAF).

2. 
The Parties undertake to convene the Joint
Scientific Working Group regularly and when required in order to examine all
scientific issues relating to the implementation of this Protocol. The mandate,
composition and functioning of this Joint Scientific Working Group shall be
laid down by the Joint Committee.

3. 
Based on the recommendations and resolutions
adopted by ICCAT and in the light of the best available scientific advice such
as that of CECAF and, where appropriate, of the findings of the Joint
Scientific Working Group meetings, the Joint Committee shall adopt measures to
ensure the sustainable management of the fishery resources covered by this
Protocol and concerning the activities of Union fishing vessels.

Article 6
Adjustment of fishing opportunities

1. 
The fishing opportunities referred to in Article
1 may be adjusted by the Joint Committee insofar as the recommendations and
resolutions adopted by ICCAT and the opinions of CECAF confirm that such
adjustment guarantees the sustainable management of the fish species covered by
this Protocol, and subject to validation by the Joint Scientific Working Group.

2. 
In this case, the financial contribution
referred to in Article 3(1.1)(1) shall be adjusted proportionately and pro
rata temporis. However, the total annual amount of the financial
contribution paid by the Union shall not be more than twice the amount referred
to in Article 3(1.1)(1).

Article 7
New fishing opportunities and exploratory fishing

1. 
Should Union vessels be interested in fishing
activities which are not provided for in Article 1, the Parties shall consult
in the Joint Committee with a view to the issue of an authorisation relating
to  these new activities. Where appropriate, the Joint Committee shall agree on
the conditions applicable to these new fishing opportunities and, if necessary,
make amendments to this Protocol and to the Annex hereto.

2. 
Authorisation for new fishing activities shall
be issued taking account of the best scientific opinions and, where
appropriate, on the basis of the findings of scientific surveys validated by
the Joint Scientific Working Group.

3. 
Following the consultations laid down in
paragraph 1, the Joint Committee may authorise exploratory fishing surveys
in the Senegalese fishing zones to test the technical feasibility and the economic
viability of new fisheries. To this end, and at Senegal's request, it shall on
a case-by-case basis determine the species, conditions and all other
appropriate parameters. The Parties shall carry out exploratory fishing in line
with the conditions laid down by the Joint Scientific Working Group.

Article 8
Suspension

The application of this Protocol, including payment of the financial
contribution, may be suspended unilaterally by either Party in the cases and on
the conditions set out in Article 13 of the Agreement.

Article 9
Termination

This Protocol may be terminated unilaterally by either Party in the
cases and on the conditions set out in Article 14 of the Agreement.

Article 10
Electronic communication

1. 
Senegal and the Union undertake to install as
soon as possible the computer systems required for the electronic exchange of
all the information and documents relating to the implementation of the
Agreement.

2. 
The electronic form of a document will be
considered equivalent to the paper version in every respect.

3. 
Senegal and the Union shall inform each other of
any malfunction of a computer system as soon as possible. The information and
documents relating to the implementation of the Agreement shall then be
automatically replaced by their paper version.

Article 11
Confidentiality of data

1. 
Senegal and the Union shall undertake that all
nominative data relating to European vessels and their fishing activities
obtained within the framework of the Agreement will, at all times, be processed
strictly in accordance with the principles of confidentiality and data
protection.

2. 
Both Parties shall ensure that only aggregated
data related to fishing activities in Senegalese waters are made publicly
available, in accordance with the relevant provisions of ICCAT and the other
regional fisheries management organisations. Data which may be considered
confidential must be used by the competent authorities exclusively for the
purposes of implementing the Agreement and for fishery management, monitoring
and surveillance.

Article 12
Provisional application

This Protocol and the Annex and Appendices
thereto shall be provisionally applied as from the date of its signature by the
Parties.

Article 13
Entry into force

This Protocol with its Annex and Appendices
shall enter into force on the date on which the Parties notify each other of
the completion of the procedures necessary for that purpose.

ANNEX TO THE PROTOCOL

CONDITIONS
GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE SENEGALESE
FISHING ZONE

Chapter I - General provisions

1. 
Designation of the competent authority

For the purposes
of this Annex and unless otherwise specified, any reference to the European
Union (EU) or to the Republic of Senegal (Senegal) as a competent authority
shall mean:

- for the EU:
the European Commission, where applicable via the EU delegation to Senegal;

- for the
Republic of Senegal: the Ministry for Fisheries and Maritime Affairs.

2. 
For the purposes of applying the provisions of
this Annex, the term ‘fishing authorisation’ shall be equivalent to ‘licence’,
as defined in Senegalese legislation.

3. 
Fishing zones

Senegalese
fishing zones are defined as those parts of Senegalese waters in which Senegal
authorises Union fishing vessels to carry out fishing activities in accordance
with Article 5.1 of the Agreement.

3.1. 
The geographical coordinates of the Senegalese
fishing zones and the baselines are indicated in Appendix 4 to the Annex
to this Protocol.

3.2. 
Similarly, the zones in which fishing is
prohibited by the national legislation in force, such as national parks,
protected marine areas and fish breeding grounds, as well as the zones closed
to shipping, are indicated in Appendix 4 to the Annex to this Protocol.

3.3. 
Senegal shall notify to the vessel owners the
boundaries of the fishing and closed zones when issuing the fishing
authorisation.

3.4. 
Any changes to these zones shall be notified to
the Commission by Senegal for information purposes at least two months before
such changes apply.

4. 
Biological rest periods

Union fishing
vessels authorised to carry out their activity under this Protocol shall
respect all biological rest periods specified by Senegalese legislation.

5. 
Designation of a consignee

Any Union
fishing vessel which plans to land or tranship in a Senegalese port must be
represented by a consignee resident in Senegal.

6. 
Bank account for payments by vessel owners

Senegal shall notify the EU before the entry into force of the
Protocol of the details of the Public Treasury account into which the financial
sums payable by EU vessels under the Agreement should be paid. The associated
bank transfer costs shall be borne by the vessel owners.

7. 
Contacts

The address of
the Ministry for Fisheries and Maritime Affairs and of the Fisheries Protection
and Monitoring Directorate (DPSP) of Senegal are listed in Appendix 7.

Chapter II - Fishing
authorisations

1.         Conditions
for obtaining a fishing authorisation – eligible vessels

The fishing
authorisations referred to in Article 4 of the Agreement shall be issued on the
condition that the vessel is included in the Union register of fishing vessels
and that all previous obligations of the vessel owner, the master, or the
vessel itself arising from their fishing activities in Senegal under the
Agreement have been met.

2.         Application
for a fishing authorisation

1. 
The relevant EU authorities shall submit (by
electronic means) to the Ministry for Fisheries and Maritime Affairs, with a
copy to the EU Delegation in Senegal, an application for each vessel wishing to
fish under the Agreement, at least twenty (20) working days before the start of
the period of validity requested. The
original forms shall be sent directly by the relevant EU authorities to the
Directorate for Sea Fishing (DPM) via the EU Delegation.

2. 
Applications shall be submitted to the DPM on a
form drawn up in accordance with the specimen in Appendix 1.

3. 
All fishing authorisation applications shall be
accompanied by the following documents:

– 
proof of payment of the flat-rate advance for
its period of validity;

– 
a colour photograph of the vessel, showing a
lateral view.

4. 
For the renewal of a fishing authorisation under
the Protocol in force for a vessel whose technical specifications have not been
modified, the renewal application shall be accompanied only by proof of payment
of the fee.

3.         Flat-rate/advance
fee

1. 
The amount of the fee for demersal species is
indicated in the technical sheet in Appendix 2. Fishing authorisations
shall be issued once the advance fees indicated in this sheet have been paid to
the competent national authorities.

2. 
The fee payable for tuna seiners and pole-and-line
vessels, in EUR per tonne caught in the Senegalese fishing zones, is as
follows:

EUR 55 for
the first year of application;

EUR 60 for the
second and third years of application;

EUR 65 for
the fourth year of application;

EUR 70 for
the fifth year of application.

Fishing authorisations shall be issued once the following flat-rate
fees have been paid to the competent national authorities:

-         For
tuna seiners:

-           EUR 13 750
per vessel, equivalent to the fees due for 250 tonnes per year during the first
year of application of the Protocol;

-           EUR 15 000
per vessel, equivalent to the fees due for 250 tonnes per year during the
second and third years of application of the Protocol;

-           EUR 16 250
per vessel, equivalent to the fees due for 250 tonnes per year during the
fourth year of application of the Protocol;

-           EUR 17 500
per vessel, equivalent to the fees due for 250 tonnes per year during the fifth
year of application of the Protocol;

-        For pole-and-line vessels:

-           EUR 8 250
per vessel, equivalent to the fees due for 150 tonnes per year during the first
year of application of the Protocol;

-           EUR 9 000
per vessel, equivalent to the fees due for 150 tonnes per year during the
second and third years of application of the Protocol;

-           EUR 9 750
per vessel, equivalent to the fees due for 150 tonnes per year during the
fourth year of application of the Protocol;

-           EUR 10 500
per vessel, equivalent to the fees due for 150 tonnes per year during the fifth
year of application of the Protocol.

3. 
The flat-rate fee shall include all national and
local charges except for port taxes and service charges.

4. 
If the period of validity of the fishing
authorisation is less than one year, e.g. because of a biological rest period,
the flat-rate fee shall be adapted pro rata to the period of validity
requested.

4.         Issue
of a fishing authorisation and provisional list of vessels authorised to fish

1. 
Once it has received the applications for
fishing authorisations in accordance with paragraphs 2.2 and 2.3, Senegal
shall, within five days, draw up the provisional list of vessels authorised to
fish for each category of vessel.

2. 
This list shall be sent without delay to the
national body responsible for supervising fishing, and to the EU.

3. 
The EU shall forward the provisional list to the
vessel owner or to the consignee. If the EU offices are closed, Senegal may
send the provisional list directly to the ship owner or his agent, with a copy
to the EU.

4. 
Vessels shall be authorised to fish as soon as
they are included on the provisional list. These vessels must keep a copy of
the provisional list on board until their fishing authorisation is issued.

5. 
Fishing authorisations for all vessels shall be
issued to vessel owners or their agents via the EU Delegation to Senegal within
twenty (20) working days of receipt of all the documents referred to in point
2.3 by the DPM.

6. 
At the same time, in order to not delay the
possibility of fishing in the area, a copy of the fishing authorisation shall
be sent to the ship owner electronically. This copy may be used for a maximum
period of 60 days after the date on which the authorisation was issued. During
this period, the copy shall be considered equivalent to the original.

7. 
The fishing authorisation must be held on board
at all times, without prejudice to the provisions of points 4 and 6 of
this Section.

5.         Transfer
of a fishing authorisation

1. 
A fishing authorisation shall be issued for a
given vessel and shall not be transferable.

2. 
However, at the request of the EU and where
force majeure is proven, in particular in the event of the loss or prolonged
immobilisation of a vessel due to a serious technical failure, the fishing
authorisation of the initial vessel shall be replaced by a new authorisation
for another vessel of the same category, with no further fee due.

3. 
In this case, the calculation of catch levels to
determine any additional payment shall take account of the sum of the total
catches of the two vessels.

4. 
The owner of the first vessel, or his agent,
shall return the cancelled fishing authorisation to the DPM via the EU
Delegation to Senegal.

5. 
The new fishing authorisation shall take effect
on the day on which the cancelled fishing authorisation is returned to the DPM.
The EU Delegation shall be informed of the transfer of the fishing
authorisation.

6.         Period
of validity of the licence

1. 
Fishing authorisations for tuna seiners and
pole-and-line vessels shall be valid for an annual period. Fishing
authorisations for ocean-going fish trawlers (deep-water demersal species)
shall be valid for a quarterly period.

2. 
Fishing authorisations shall be renewable.

3. 
In order to establish the start of the period of
validity,

– 
‘annual period’ shall mean: for the first year
of application of the Protocol, the period between the date of its entry into
force and 31 December of the same year; then, each complete calendar year; for
the last year of application of the Protocol, the period between 1 January and
the date of expiry of the Protocol.

– 
‘quarterly period’ shall mean: at the start of
application of the Protocol, the period between the date of its entry into
force and the date of the start of the next quarter, a quarter having to begin
on 1 January, 1 April, 1 July or 1 October; then, each complete
quarter; at the end of application of the Protocol, the period between the end
of the last full quarter and the date of expiry of the Protocol.

7.         Support
vessels

1. 
At the request of the EU, Senegal shall
authorise Union fishing vessels which are holders of a fishing authorisation to
be assisted by support vessels.

2. 
This support must not include refuelling or
transhipment of catches.

3. 
Support vessels must fly the flag of an EU
Member State and must not be equipped for fishing.

4. 
Support vessels are subject to the same
procedure as regards the sending of applications for fishing authorisation set
out in Chapter II, to the extent applicable.

5. 
Senegal shall draw up the list of authorised
support vessels and send it without delay to the national body responsible for
supervising fishing, and to the EU.

Chapter III – Technical
measures

The technical measures applicable to ocean-going fish trawlers
(deep-water demersal species) holding a fishing authorisation, relating to
zone, fishing gear and additional catch, are set out in the technical sheet
contained in Appendix 2.

Tuna vessels shall comply with all the recommendations and
resolutions adopted by ICCAT.

Chapter IV – Control,
Monitoring and Surveillance

Section 1: Catch
Reporting Arrangements

1.         Fishing
logbook

1. 
The master of a Union vessel fishing under the
Agreement shall keep a fishing logbook, for which the model for each category
of fishing is included in Appendices 3a and 3b of this Annex.

2. 
The fishing logbook shall be completed by the
master for each day the vessel is present in the Senegalese fishing zone.

3. 
Each day the master shall record in the fishing logbook
the quantity of each species, identified by its FAO alpha 3 code, caught and
kept on board, expressed in kilograms of live weight or, where necessary, the
number of individual fish. For each main species, the master shall also include
the bad catch.

4. 
Where applicable, the master shall also record
each day in the fishing logbook the quantities of each species thrown back into
the sea, expressed in kilograms of live weight or, where necessary, the number
of individual fish.

5. 
The fishing logbook shall be filled in legibly,
in block capitals, and signed by the master.

6. 
The master shall be responsible for the accuracy
of the data recorded in the fishing logbook.

2.         Catch
reporting

1. 
The master shall notify the vessel's catch by
submitting to Senegal its fishing logbooks for the period of its presence in
the Senegalese fishing zones.

2. 
Until such time as the electronic fishing data
communication system mentioned in point 4 of this Section has been set up, the
fishing logbooks shall be transmitted in the following ways:

i.   when
passing through a Senegalese port, the original of each fishing logbook shall
be submitted to the local representative of Senegal, who shall confirm receipt
thereof in writing;

ii.   when leaving the Senegalese fishing zones without
first passing through a Senegalese port, the original of each fishing logbook
shall be sent

(a) 
in scanned form by e-mail, to the address given
by Senegal. Senegal shall confirm receipt thereof immediately by return e-mail,

or, in exceptional cases,

(b) 
by fax, to the number given by Senegal, or

(c) 
within 14 days of arriving in port, and in any
case within 45 days of leaving the Senegalese zone, by post sent to Senegal.

3. 
The master shall send a copy of all the fishing
logbooks to the EU. For tuna vessels, the master shall also send a copy of all
the fishing logbooks to one of the following scientific institutes:

(i)      IRD (Institut de recherche pour le développement);

(ii)     IEO (Instituto Español de Oceanografía),
or

(iii)    INIAP (Instituto Nacional de
Investigaçao Agrária y das Pescas),
as well as to

(v)     CRODT (Centre de Recherche Océanographique de Dakar
Thiaroye).

4. 
The return of the vessel into the Senegalese
fishing zone within the period of validity of its fishing authorisation shall
give rise to further catch reporting.

5. 
Where the provisions concerning catch reporting
are not complied with, Senegal may suspend the fishing authorisation of the
vessel concerned until the missing catch report is obtained and penalise the
ship owner in accordance with the relevant provisions under the national
legislation in force. If the offence is repeated, Senegal may refuse to renew
the fishing authorisation.

6. 
Senegal shall inform the EU immediately of any
penalty applied in this context.

3.         Quarterly
catch reporting for trawlers

Until such time as the electronic fishing data communication system
mentioned in point 4 of this Section has been set up, the European Commission
shall notify the DPM, before the end of the third month of each quarter, of the
quantities caught by the trawlers during the preceding quarter, using the model
in Appendix 3c of this Annex.

4.         Transition
to an electronic fishing data communication system (ERS)

The two Parties agree to ensure a transition to an electronic system
for declaring catches based on the technical characteristics laid down in
Appendix 6. The Parties agree to define the common arrangements with the aim of
this transition taking place as soon as possible.  Senegal shall inform the EU
as soon as the conditions for this transition have been met. The Parties agree
to have the system fully operational within two months from the date this
information is sent.

5.         Final
statement of fees for tuna vessels

1. 
Annual declaration

1.1. 
An annual declaration of catches based on the
fishing logbooks and the information provided by the master shall be sent to
the above-mentioned institutes for validation.

1.2. 
When validated, these declarations shall be sent
to the DPM, the DPSP and CRODT for verification.

1.3. 
Senegal shall inform the EU swiftly of the
results of this verification.

1.4. 
Should clarifications be necessary, the EU shall
contact the EU scientific institutes and pass on the clarifications to Senegal.
These notifications will take place electronically.

1.5. 
The Joint Scientific Working Group shall meet if
necessary.

1.6. 
Other discussions on the verification process
may be initiated, if necessary with a meeting of all the scientific institutes.

2. 
Final statement

2.1. 
For each tuna-fishing vessel the EU shall draw
up, on the basis of its catch reporting confirmed by the above scientific institutes
and centre, a final statement of the fees owed by the vessel in respect of its
annual season for the previous calendar year.

2.2. 
The EU shall send this final statement to
Senegal and to the ship owner before 15 July of the year following the
year in which the catches were made.

2.3. 
Where the final statement is greater than the
anticipated flat-rate fee paid to obtain the fishing authorisation, the ship
owner shall pay the outstanding balance to Senegal by 30 August of the
year in progress. Where the final statement is less than the expected flat-rate
fee, the remaining amount may not be reclaimed by the ship owner.

Section 2: Entering and leaving Senegalese waters

1.           Union fishing vessels operating in
Senegalese waters under this Protocol shall notify the competent Senegalese
authorities, at least six (6) hours in advance, of their intention to enter or
leave Senegalese waters.

2.           When notifying entry into/exit from
Senegalese waters vessels shall, at the same time, also communicate their
position and the catches already held on board, identified by their FAO 3-alpha
code, expressed in kilograms of live weight or, where necessary, the number of
individual fish, without prejudice to the provisions of Section 2 of
Appendix 6. This information shall be communicated by e-mail or fax to the
addresses listed in Appendix 7.

3.           A vessel found to be fishing without having
informed the competent Senegalese authorities shall be regarded as a vessel
without a fishing authorisation and shall be subject to the consequences
provided for under national law.

4.           The e-mail address, fax and telephone
numbers and radio coordinates of the competent Senegalese authorities shall be
annexed to the fishing authorisation.

Section 3: Transhipment and landings

1. 
Pole-and-line vessels shall land the catches
from the Senegalese fishing zones in the port of Dakar and may sell them to
local businesses at international market prices defined on the basis of
negotiation between operators.

2. 
All Union fishing vessels operating in
Senegalese waters under this Protocol which carry out transhipments in
Senegalese waters shall do so off the port of Dakar, with the permission of the
competent Senegalese authority.

3. 
The owners of these vessels or their agents
wishing to conduct a transhipment or landing must notify the competent
Senegalese authorities, at least 72 hours in advance, of the following:

3.1. 
the names of the fishing vessels involved in the
transhipment or landing;

3.2. 
the name of the cargo vessel or of the port of
landing;

3.3. 
the tonnage by species to be transhipped or
landed;

3.4. 
the day of transhipment or landing;

3.5. 
the destination of the transhipped or landed
catches.

4. 
Transhipment or landing shall be considered as
an exit from Senegalese waters. Vessels must submit their catch declarations to
the competent Senegalese authorities and state whether they intend to continue
fishing or to leave Senegalese waters.

5. 
Any transhipment or landing of catches not
covered by the above provisions shall be prohibited in Senegalese waters. Any
person infringing this provision shall be liable to the penalties provided for
by Senegalese law in force.

Section 4: Satellite-based vessel monitoring system (VMS)

1.         Vessel
position messages – VMS system

1. 
Union vessels holding a fishing authorisation
shall be equipped with a satellite monitoring system (Vessel Monitoring System
– VMS) to enable automatic and continuous communication of their position,
every two hours, to the fishing control centre (Fisheries Monitoring Centre –
FMC) of their flag State.

2. 
Each position message shall:

i.       contain

(a) 
the vessel identification

(b) 
the most recent geographical position of the
vessel (longitude, latitude), with a position error of less than 500 metres,
and with a confidence interval of 99%

(c) 
the date and time the position is recorded

(d) 
the speed and the course of the vessel

ii.      be configured in accordance with the
format given in Appendix 5 to this Annex.

3. 
The first position recorded after entry into the
Senegalese zone shall be identified by the code ‘ENT’. All subsequent positions
shall be identified by the code ‘POS’, with the exception of the first position
recorded after exit from the Senegalese zone, which shall be identified by the
code ‘EXI’.

4. 
The FMC of the flag State shall ensure the
automatic processing and, if necessary, the electronic transmission of the
position messages. The position messages shall be recorded in a secure manner
and kept for a period of three years.

2.         Transmission
by the vessel in the event of breakdown of the VMS

1. 
The master shall ensure at all times that the
VMS system of his vessel is fully operational and that the position messages
are correctly transmitted to the FMC of the flag State.

2. 
In the event of breakdown, the VMS system of the
vessel shall be repaired or replaced within one month. After that period, the
vessel shall no longer be permitted to fish in the Senegalese fishing zones.

3. 
Vessels fishing in the Senegalese fishing zones
with a defective VMS system must communicate their position messages by e-mail,
radio or fax to the FMC of the flag State, at least every four hours, and must
provide all the compulsory information detailed in paragraph 1.2.i of this
Section.

3.         Secure
communication of the position messages to Senegal

1. 
The FMC of the flag State shall automatically
send the position messages of the vessels concerned to the FMC of Senegal. The
FMCs of the flag State and Senegal shall exchange their contact e-mail
addresses and inform each other without delay of any change to these addresses.

2. 
The transmission of position messages between
the FMCs of the flag State and Senegal shall be carried out electronically
using a secure communication system.

3. 
The FMC of Senegal shall inform the FMC of the
flag State and the EU of any interruption in the receiving of consecutive
position messages from a vessel holding a fishing authorisation, where the
vessel concerned has not notified its departure from the zone.

4.         Malfunction
of the communication system

1. 
Senegal shall ensure the compatibility of its
electronic equipment with that of the FMC of the flag State and inform the EU
immediately of any malfunction as regards the sending and receiving of position
messages with a view to finding a technical solution as soon as possible.

2. 
The Joint Committee shall deal with any possible
dispute arising.

3. 
The master shall be considered responsible for
any proven tampering with a vessel’s VMS aimed at disturbing its operation or
falsifying its position messages. Any infringement shall be subject to the
penalties provided for by Senegalese legislation in force.

5.         Revision
of the frequency of position messages

1. 
On the basis of documentary evidence proving an
infringement, Senegal may ask the FMC of the flag State, copying in the EU, to
reduce the interval for sending position messages from a vessel to every thirty
minutes for a set period of investigation.

2. 
This documentary evidence must be sent without
delay by Senegal to the FMC of the flag State and the EU.

3. 
The FMC of the flag State shall immediately send
the position messages to Senegal at the new frequency.

4. 
At the end of the set investigation period,
Senegal shall inform the FMC of the flag State and the EU of any follow-up.

6.         Validity
of the VMS message in case of dispute

The position data supplied by the VMS system
shall be authentic in case of dispute between the Parties.

Section 5: Observers

1. 
Observation of fishing activities

1.1. 
Vessels holding a fishing authorisation shall be
subject to a scheme for observing their fishing activities carried out within
the framework of the Agreement.

1.2. 
For tuna vessels this observation scheme shall
conform to the provisions provided for in the recommendations adopted by ICCAT
(International Commission for the Conservation of Atlantic Tunas).

2. 
Designated vessels and observers

2.1. 
When the fishing authorisation is issued,
Senegal shall inform the EU and the vessel owner, or its consignee, of the
designated vessels and observers and the times at which the observer will be
present on board each vessel.

2.2. 
Senegal shall inform the EU and the vessel
owner, or its consignee, of the name of the designated observer at the latest
15 days before the date provided for the embarkation of the observer. Senegal
shall immediately inform the EU and the vessel owner or its consignee of any
change in the designated vessels and observers.

2.3. 
Senegal shall endeavour not to designate observers
for vessels which already have an observer on board, or which are already
formally obliged to allow an observer to embark during the fishing season in
question as part of their activities in fishing zones other than the Senegalese
zones.

2.4. 
For deep-sea demersal trawlers the time on board
shall not exceed two months. The observers shall not spend more time on board
the vessel than is necessary to carry out their duties.

3. 
Flat-rate financial contribution

3.1. 
At the time the annual flat-rate fee is paid,
owners of freezer tuna seiners and pole-and-line vessels shall also pay the
DPSP a flat-rate sum of EUR 400 per vessel for the proper functioning of
the observer programme.

3.2. 
At the time the quarterly flat-rate fee is paid,
owners of trawlers shall also pay the DPSP a flat-rate sum of EUR 100 per
vessel for the proper functioning of the observer programme.

4. 
Observer’s salary

The salary and social
contributions of the observer shall be borne by Senegal.

5. 
Embarkation conditions

5.1. 
The embarkation conditions for the observer, in
particular the duration of his presence on board, shall be defined by mutual
agreement between the vessel owner or its consignee and Senegal.

5.2. 
The observer shall be treated on board as an
officer. However, receiving the observer on board shall take into account the
technical structure of the vessel.

5.3. 
The vessel owner shall bear the costs of
providing accommodation and food for the observer on board.

5.4. 
The master shall take all the measures for which
he is responsible to guarantee the physical safety and general wellbeing of the
observer.

5.5. 
The observer shall be offered every facility
needed to carry out his duties. He shall have access to means of communication
and to documents relating to the fishing activities of the vessel, in
particular the fishing logbook and navigation log, and the parts of the vessel
directly linked to his duties.

6. 
Observer’s obligations

6.1. 
Whilst on board the observer shall:

6.2. 
take all appropriate measures so as not to
interrupt or hinder fishing operations;

6.3. 
respect on-board property and equipment;

6.4. 
respect the confidential nature of any document
belonging to the vessel.

7. 
Embarkation and landing of
observers

7.1. 
The observer shall embark in a port chosen by
the vessel owner.

7.2. 
The vessel owner or his agent shall notify
Senegal, with a notice period of 10 days before the embarkation, of the date,
time and port of embarkation of the observer. If the observer is embarked in a
foreign country, his travel costs to the port of embarkation shall be borne by
the vessel owner.

7.3. 
If the observer does not present himself for
boarding within 12 hours of the date and time set, the vessel owner shall be
automatically discharged from his obligation to allow the observer to embark.
The vessel shall be free to leave the port and start fishing operations.

7.4. 
Where the observer is not put ashore in a
Senegalese port, the vessel owner shall bear the costs of the observer's
repatriation to Senegal as soon as possible.

8. 
Observer’s obligations

The observer shall carry out
the following duties:

8.1. 
observe the fishing activities of the vessel;

8.2. 
verify the position of the vessel during fishing
operations;

8.3. 
perform biological sampling in the context of a
scientific programme;

8.4. 
note the fishing gear used;

8.5. 
verify the catch data for the Senegalese fishing
zones recorded in the logbook;

8.6. 
verify the percentages of by-catches and
estimate the discarded catches;

8.7. 
communicate observations by radio, fax or e-mail
at least once a week while the vessel is fishing in the Senegalese zones,
including the quantity of catch and by-catch on board.

9. 
Observer’s report

9.1. 
Before leaving the vessel, the observer shall
submit a report of his observations to the master of the vessel. The master of
the vessel shall have the right to make comments in the observer’s report. The
report shall be signed by the observer and the master. The master shall receive
a copy of the observer’s report.

9.2. 
The observer shall send his report to Senegal,
which shall send a copy of it to the EU within eight days of the
observer’s disembarkation.

Section 6:
Inspection at sea and in port

1. 
Inspection at sea

1.1. 
Inspections at sea in the Senegalese fishing
zones of Union vessels holding a fishing authorisation shall be carried out by
Senegalese vessels and inspectors who are clearly identified as being assigned
to carry out fishing checks.

1.2. 
Before going on board, the Senegalese inspectors
shall warn the EU vessel of their decision to carry out an inspection. The
inspection shall be carried out by a maximum of two inspectors, who must
provide proof of their identity and official position as an inspector before
carrying out the inspection.

1.3. 
The Senegalese inspectors 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.

1.4. 
Senegal may allow the EU to participate in the
inspection at sea as an observer.

1.5. 
The master of the Union vessel shall allow the
Senegalese inspectors to come on board and carry out their work.

1.6. 
At the end of each inspection, the Senegalese
inspectors shall draw up an inspection report. The master of the Union fishing
vessel shall have the right to comment in the inspection report. The inspection
report shall be signed by the inspector drawing up the report and the master of
the Union vessel.

1.7. 
The Senegalese inspectors shall issue a copy of
the inspection report to the master of the Union fishing vessel before leaving
the vessel. Senegal shall send a copy of the inspection report to the EU within
eight days of the inspection.

2. 
Inspection in port

2.1. 
Inspections in port of Union fishing vessels
which land or tranship catch from the Senegalese zone in the waters of a
Senegalese port shall be carried out by designated inspectors.

2.2. 
The inspection shall be carried out by a maximum
of two inspectors, who must provide proof of their identity and official
position as an inspector before carrying out the inspection. The Senegalese
inspectors shall only stay on board the EU vessel for the time necessary to
carry out the tasks related to the inspection and shall conduct the inspection
in such a way as to minimise the impact on the vessel, the landing or
transhipment operation and the cargo.

2.3. 
Senegal may allow the EU to participate in the
inspection in port as an observer.

2.4. 
The master of the Union fishing vessel shall
allow the Senegalese inspectors to carry out their work.

2.5. 
At the end of each inspection, the Senegalese
inspector shall draw up an inspection report. The master of the Union fishing
vessel shall have the right to comment in the inspection report. The inspection
report shall be signed by the inspector drawing up the report and the master of
the Union vessel.

2.6. 
The Senegalese inspectors shall give a copy of
the inspection report to the master of the Union fishing vessel at the end of
the inspection. Senegal shall send a copy of the inspection report to the EU
within eight days of the inspection.

Section 7:
Infringements

1. 
Handling of infringements

1.1. 
Any infringement committed by a Union fishing
vessel holding a fishing authorisation in accordance with the provisions of
this Annex must be mentioned in an inspection report. The report shall be sent
to the EU and the flag State as soon as possible.

1.2. 
The signing of the inspection report by the
master shall be without prejudice to the vessel owner's right of defence in
respect of an infringement.

2. 
Detention of a vessel –
Information meeting

2.1. 
Where permitted under the Senegalese legislation
in force regarding the infringement, any Union fishing vessel having committed
an infringement may be forced to cease its fishing activity and, where the
vessel is at sea, to return to the port of Dakar.

2.2. 
Senegal shall notify the EU within 24 hours of
any detention of a Union fishing vessel holding a fishing authorisation. That
notification shall be accompanied by documentary evidence of the alleged
infringement.

2.3. 
Before taking any measure against the vessel,
the master, the crew or the cargo, with the exception of measures aimed at
protecting evidence, Senegal shall organise, at the request of the EU, within
one working day of notification of the detention of the vessel, an information
meeting to clarify the facts which have led to the vessel being detained and to
explain what further action may be taken. A representative of the flag State of
the vessel may attend the information meeting.

3. 
Penalties for infringements -
Compromise procedure

3.1. 
The penalty for the infringement shall be set by
Senegal according to the national legislation in force.

3.2. 
Where settling the infringement involves legal
proceedings, provided that the infringement does not involve a criminal act, a
compromise procedure shall be undertaken between Senegal and the EU before such
legal proceedings are launched in order to determine the terms and level of the
penalty. The compromise procedure shall finish at the latest three days after notification
of the vessel's detention.

3.3. 
A representative of the flag State of the vessel
and of the EU may participate in the compromise procedure.

4. 
Legal proceedings – Bank security

4.1. 
If the compromise procedure fails and the
infringement is brought before the competent court, the owner of the vessel
which committed the infringement shall deposit a bank security at a bank
designated by Senegal, the amount of which, as set by Senegal, shall cover the
costs linked to the detention of the vessel, the estimated fine and any
compensation. The bank security may not be recovered until the legal
proceedings have been concluded.

4.2. 
The bank security shall be released and returned
to the vessel owner without delay after the judgment has been delivered:

– 
a) in full, if no penalty has been imposed;

– 
b) for the amount of the remaining balance, if
the penalty is a fine which is lower than the amount of the bank security.

4.3. 
Senegal shall inform the EU of the outcome of
the legal proceedings within eight days of the judgment being delivered.

5. 
Release of the vessel and the crew

The vessel and its crew
shall be authorised to leave the port once the penalty has been paid in a
compromise procedure, or once the bank security has been deposited.

Section 8:
Participatory monitoring in the fight against IUU fishing

1. 
Objective

In order to strengthen
monitoring of fishing on the high seas and the fight against IUU fishing, Union
fishing vessels shall report the presence of any vessels in the Senegalese
fishing zones which are not on the list of vessels authorised to fish in
Senegal.

2. 
Procedure

2.1. Where the master of
a Union fishing vessel witnesses a fishing vessel engaged in activities which
may constitute IUU fishing, he may seek as much information as possible about
what has been sighted.

2.1. 
Sighting reports shall be sent without delay to
the Senegalese authorities and to the competent authority of the flag State of
the sighting vessel, which shall immediately transmit them to the European
Commission or to the body designated by it.

2.2. 
The European Commission shall provide Senegal
with this information.

3. 
Reciprocity

Senegal shall send the
European Union, as soon as possible, any sighting reports it has on fishing
vessels engaged in activities which may constitute IUU fishing in the Senegalese
fishing zones.

Chapter IV– Signing-on
of seamen

1.           Owners of Union fishing vessels operating under this
Protocol shall employ ACP nationals, subject to the following conditions and
limits:

-        for the fleet of tuna seiners, at least 20% of the seamen
signed on during the tuna-fishing season in the Senegalese fishing zone shall
be from Senegal or possibly from an ACP country;

-        for the fleet of pole-and-line vessels, at least 20% of the
seamen signed on during the fishing season in the Senegalese fishing zone shall
be from Senegal or possibly from an ACP country;

for the fleet of deep-sea demersal trawlers, at least 20% of the
seamen signed on during the fishing season in the Senegalese fishing zone shall
be from Senegal or possibly from an ACP country.

2.           Vessel owners shall endeavour to sign on Senegalese
seamen.

3.           The International Labour Organisation (ILO) Declaration
on Fundamental Principles and Rights at Work shall apply as of right to seamen
taken on board Union fishing vessels. This concerns in particular freedom of
association, effective recognition of the right to collective bargaining, and
elimination of discrimination in respect of employment and occupation.

4.           The employment contracts of Senegalese and ACP seamen,
a copy of which shall be given to the National Agency for Maritime Affairs and
the signatories of the contracts, shall be drawn up between the vessel owners’
agent(s) and the seamen and/or their trade unions or representatives. These
contracts shall guarantee the seamen the social security cover applicable to
them, in accordance with the applicable legislation, including life assurance
and sickness and accident insurance.

5.           The wages of the seamen from the ACP countries shall be
paid by the vessel owners. They shall be fixed by mutual agreement between the
vessel owners or their agents and the seamen and/or their trade unions or
representatives. However, the wage conditions granted to the seamen shall not
be lower than those applied to crews from their respective countries and shall,
under no circumstances, be below ILO standards.

6.           All seamen employed aboard Union fishing vessels shall
report to the master of the vessel designated on the day before their proposed
boarding date. Where a seaman fails to report at the date and time agreed for
his boarding, the vessel owner shall be automatically absolved of his
obligation to take the seaman on board.

Appendices

1 - Application for a fishing authorisation

2 - Technical sheet

3 - Fishing logbook and catch declaration
models

4 - Geographical coordinates of fishing
zones

5 - Communication of VMS messages to
Senegal - format of VMS data - position report

6 - Guidelines for implementing the
electronic reporting system for fishing activities (ERS)

7 - Contact details for Senegal

Appendix
1

SENEGAL-EUROPEAN
UNION FISHERIES AGREEMENT

APPLICATION FOR
A FISHING AUTHORISATION

I
- APPLICANT

1.     Name of vessel owner: Nationality:

2.     Address of vessel owner:
............................................................................................................................

3.     Name of vessel owner’s association or agent:
.....................................................................

3.     Address of vessel owner’s association or agent:
................................................................

4.     Telephone:    Fax:
................................... E-mail: ...............

5.     Name of master: ......................................... Nationality:
................. E-mail: ..............................

II
– VESSEL AND IDENTIFICATION

1.     Name: ...............................................................................................................................................

2.     Flag State:

3.     External registration number:
................................................................................................

4.     Port of registry: ...................... MMSI: IMO number:

5.     Date on which current flag was acquired:
........../........./.............. Previous flag, if any: ............

6.     Year and place of construction: ....../......./.......... à....................
Radio call sign: ...............................

7.     Call frequency: .......................... Satellite telephone number:
......................................

8.     Hull construction material:          Steel  ̈ Wood  ̈           Polyester  ̈          Other  ̈ ..................................

III
- TECHNICAL CHARACTERISTICS AND EQUIPMENT

1.     Overall length: :
..................................................        Width:
....................................... Draught:

2.     Tonnage (expressed in GT): ..................................      Net tonnage: ..................................

3.     Power of main engine in kW: Make: .................................         Type: ........................

4.     Type of vessel:  ̈ Tuna seiner  ̈Pole-and-line vessel    ̈Ocean-going fish
trawler (deep-water demersal species)

5.     Fishing gear types: ......................................

6.     Fishing zones: .............................................

7.     Target species: .....................................

8.     Designated port for landing operations: ...................................................................

9.     Crew complement:
....................................................................................................................

10.   Method of preservation on board:        Cooling  ̈  Refrigeration  ̈     Mixed  ̈ Freezing  ̈

11.   Freezing capacity in tonnes/24 hours: Hold capacity: ...............   Number: .....

12.        VMS transponder:

Manufacturer: Model: ...................... 
Serial No.: .....................

Software version: ........................................................... 
Satellite operator: ....................

I,
the undersigned, certify that the information provided in this application is
true and given in good faith.

Done
at..............................................., on ......................................

Signature
of applicant ....................................................

Appendix
2

Technical
sheet for deep water demersal species

(1) Target species:

Deep water hake (Merluccius senegalensis and Merluccius polli) (2) Fishing zone:

The permitted fishing zone is defined as follows[1]: a) west of longitude 016° 53' 42" W between the Senegalese-Mauritanian border and latitude 15° 40' 00" N; b) from 15 nautical miles from the reference line between latitude 15° 40' 00" N and latitude 15° 15' 00" N; c) from 12 nautical miles from the reference line between latitude 15° 15' 00" N and latitude 15° 00' 00" N; d) from 8 nautical miles from the reference line between latitude 15° 00' 00" N and latitude 14 32' 30" N; e) west of longitude 017 30' 00" W, in the zone between latitude 14 32' 30" N and latitude 14 04' 00" N; f) west of longitude 017 22' 00" W, in the zone between latitude 14 04' 00" N and the northern Senegalese-Gambian border; g) west of longitude 017 35' 00" W, in the zone between the southern Senegalese-Gambian border and latitude 12 33' 00" N; h) south of azimuth 137° drawn from point P9 (12° 33' 00" N ; 017° 35' 00'' W) to the intersection with azimuth 220° drawn from Cabo Roxo, to take account of the management and cooperation agreement between Senegal and Guinea-Bissau.

(3) Authorized gear:

Conventional demersal or hake trawl, minimum mesh size 70 mm. No methods or devices may be used to seek to obstruct the mesh of the nets or reduce their selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other material may be attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached only to the forward and lateral edges of the codend of the trawl. Protective devices may be used for the top of the trawl, but these must consist of a single section of net of the same material as the codend, with the mesh measuring at least 300 millimetres when stretched out. Doubling of the codend’s netting yarn, whether single or multiple, is prohibited.

(4) By-catches[2]:

7% cephalopods, 7% crustaceans, and 15% other deep water demersal fish. The above percentages of by-catches shall be calculated at the end of each trip, in relation to the total catch weight, in accordance with Senegalese regulations. The retention on board, transhipment, landing, storage and sale of all or some of the elasmobranches protected by the EU Plan of Action for the Conservation and Management of Sharks and by the Regional Fisheries Management Organisations and the competent Regional Fisheries Organisations, i.e. of the oceanic whitetip shark (Carcharhinus longimanus), silky shark (Carcharhinus falciformis), white shark (Carcharodon carcharias), basking shark (Cetorhinus maximus), porbeagle (Lamna nasus), bigeye thresher shark (Alopias superciliosus), angel shark (Squatina squatina), giant manta ray (Manta birostris) and hammerhead shark species (Sphyrnidae) are prohibited. Elasmobranch species not allowed on board, if accidentally caught, must not be injured. Specimens caught must be promptly released.

(5) Total allowable catch/fees:

Authorised catch volume: || 2 000 tonnes per year

Fee: || EUR 90/tonne

The fee shall be calculated at the end of each period of three months in which the vessel is authorised to fish, taking into account the catches made during that period. The licence shall be granted on advance payment of EUR 500 per vessel, to be deducted from the total amount of the fee. The advance payment shall be made at the beginning of each three-month period in which the vessel is authorised to fish.

– Number of vessels authorised to fish || 2 vessels

– Type of vessels authorised to fish || Ocean-going fish trawlers (deep-water demersal species):

– Signing-on of seamen from Senegal or other ACP countries || 20% of the crew

– Biological rest period || 1 May to 30 June[3]

Appendix
3a

Highly-migratory species: Fishing logbook (ICCAT model) ||

|| || Longline Live bait Purse seine Trawl Other ||

||

|| || || || || || || || || || ||

Name of vessel: ............................................................................... || Gross tonnage:            ...................................................................................... || Vessel DEPARTED: Vessel RETURNED: || Month || Day || Year || Port || || ||

Flag State:    ......................................................................................................... || Capacity – (MT): ........................................................... || || || || || || ||

||

Registration No:           ........................................................................................................... || Master: ................................................................... || || || ||

Vessel owner: ............................................................................................ || No of crew:  ..................................................................................... || || || || || || || ||

Address: ........................................................................................ || Reporting date: ............................................................ || || ||

|| (Reported by):            ....................................................................................... || No of days at sea: || || No of fishing days: No of sets made: || || Trip number: || ||

||

||

|| ||

Date || Sector || Surface water temp (oC) || Fishing effort No of hooks used || Capturas (Catches) || Isco usado na pesca (Bait used) ||

Month || Day || Latitude N/S || Longitude E/W || Bluefin tuna Thunnus thynnus or maccoyii || Yellowfin tuna Thunnus albacares || (Bigeye tuna) Thunnus obesus || (Albacore) Thunnus alalunga || (Swordfish) Xiphias gladius || (Strip marlin) (White marlin) Tetraptunus audax or albidus || (Black marlin) Makaira indica || (Sailfish) Istiophorus albicans or platypterus || (Skipjack) Katsuwonus pelamis || (Miscellaneous fish) || Daily total (weight in kg only) || Saury || Squid || Live bait || (Other) ||

|| || || || || || No || Weight kg || No || kg || No || kg || No || kg || No || kg || No || kg || No || kg || No || kg || No || kg || No || kg || No || kg || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

LANDING WEIGHT (IN KG) || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

Comments || || || || ||

1 – Use one sheet per month and one line per day. || || 2 – ‘Day’ refers to the day you set the line. || 4 - The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded. || ||

|| || 3 - Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W. || || 5 - All information reported herein will be kept strictly confidential. || || ||

Appendix 3b Highly-migratory species: Fishing logbook (EU model
(Annex VI to Regulation (EU) No 404/2011))[4]

No............ || EUROPEAN UNION LOG-BOOK || Day Month Hour Year , 20-- , Departure (4) from Return (5) to Landing (6) to

Name of vessel(s) (1)    External identification (2) _______________________________            __________________________ International Radio call sign (IRCS) (1) || Name of master(s) (3)      --------------------------------------------------------------------------------------------------------------------------------1 Address(es) 1----------------------------------------------------------------------------------------------------------------------1

Gear (8)           Mesh size (9)                        Dimension (10) 1------------------1         1-------------------1        1-----------------1 ||         In case of transhipment (7)     Day              Month || Name and radio call sign (if any) External identification Nationality of recipient fishing vessel

Date (11) || Number of fishing operations (12) || Fishing time (13) || Position (14) || Catch by species kept on board in kilograms live weight or number of units (15)2

|| || || Statistical rectangle || ICES/ NAFO/ CECAF/ CFGM zone || Non-Member State fishing zone || || || || || || || || || || || || Give weight of unit in live weight, of species concerned || Initials

|| || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || ||

Presentation of fish (17) Quantity (19) Presentation of fish (17) Quantity (19) Presentation of fish (17) Quantity (19) Presentation of fish (17) Quantity (19) || ICES/ NAFO/ CECAF/ CFGM zone (22) || Non-Member State fishing zone (22) || || || || || || || || || || || || Estimated total discards (16)

Landing/transhipment (*) declaration / (18) in kilograms or unit utilized: ............................... kilograms

|| || || || || || || || || || || || || Signature Master/Agent Π (20) Agent's name and address (where applicable) (21) Agent's name and address (where applicable) (21)

|| || || || || || || || || || || ||

|| || || || || || || || || || || ||

|| || || || || || || || || || || ||

|| || || || || || || || || || || ||

|| || || || || || || || ■ || || || ||

(*)
Delete whichever does not apply.

Appendix
3c

SFPA - SENEGAL || || || || || || || || || || || || || ||

YEAR - QUARTER || || || || || || || || || || || || ||

Catch declaration for deep-sea demersal trawlers

|| || || || || || || || || || || || || ||

Name of vessel || || || || || || Flag State || || || || || Zone (1) || ||

Catch in kilograms ||

Month || (2) || Hake || Pandora || Angler-fish || || || || || || Other fish (3) || Other cephalopods (3) || Other crustaceans (3) || Other shellfish (3) || Total catch

(FAO CODE) || || || || || || || || || || || ||

January || || || || || || || || || || || || || ||

February || || || || || || || || || || || || || ||

March || || || || || || || || || || || || || ||

April || || || || || || || || || || || || || ||

May || || || || || || || || || || || || || ||

June || || || || || || || || || || || || || ||

July || || || || || || || || || || || || || ||

August || || || || || || || || || || || || || ||

September || || || || || || || || || || || || || ||

October || || || || || || || || || || || || || ||

November || || || || || || || || || || || || || ||

December || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || ||

Total || || || || || || || || || || || || || ||

|| (1) Indicate whether 'Senegal' or 'Senegal/Guinea-Bissau common zone' || || || || || || ||

|| (2) One column for each species caught (with FAO Code) || || || || || || || ||

|| (3) Indicate aggregate catches if species is not determined || || || || || || || ||

Appendix
4

Geographical coordinates

Senegalese fishing and closed zones

The coordinates of the Senegalese fishing zones and the zones closed
to fishing and navigation shall be communicated by the Senegal side prior to
the entry into force of this Agreement.

Appendix
5

COMMUNICATION
OF VMS MESSAGES TO SENEGAL

FORMAT OF VMS
DATA - POSITION REPORT

Data element || Code || Mandatory/ Optional || Remarks

Start 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 – Message type (ENT, POS, EXI)

Radio call sign (IRCS) || RC || M || Vessel detail – Vessel international radio call sign (IRCS)

Contracting Party internal reference number || IR || O || Vessel detail – Unique contracting party number Alpha-3 code (ISO-3166) followed by number

External registration number || XR || M || Vessel detail – Number on side of vessel (ISO 8859.1)

Latitude || LT || M || Vessel position detail – Position in degrees and decimal degrees +/- DD.ddd (WGS84)

Longitude || LG || M || Vessel position detail – Position in degrees and decimal degrees +/- DD.ddd (WGS84)

Course || CO || M || Vessel course 360° 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 record of UTC position (HHMM)

End record || ER || M || System detail indicating end of record

Each data transmission is structured as
follows:

Characters used must comply with the ISO 8859.1
standard.

A double slash (//) and the characters ‘SR’ indicate
the start of a message.

Each data element is identified by its code and
separated from the other data elements by a double slash (//).

A single slash (/) separates the field code and the
data.

The ‘ER’ code followed by a double slash
(//) indicates the end of the message.

The optional data elements must be inserted
between the start and the end of the message.

Appendix
6

Guidelines for managing and
implementing the electronic reporting system for fishing activities (ERS)

1. 
General provisions

(1) 
All EU fishing vessels must be equipped with an
electronic system, hereinafter referred to as 'ERS system', capable of
recording and transmitting data relating to the fishing activity of the vessel,
hereinafter referred to as 'ERS data', whenever the vessel is operating in
Senegalese waters.

(2) 
An EU vessel that is not equipped with an ERS,
or whose ERS is not working, is not authorised to enter Senegalese waters in
order to engage in fishing activities.

(3) 
ERS data shall be transmitted in accordance with
the procedures of the vessel’s flag State, i.e. they shall firstly be sent to
the Fisheries Monitoring Centre (hereinafter: FMC) of the flag State which will
make them automatically available to the Fisheries Protection and Monitoring
Directorate (DPSP) of Senegal.

(4) 
The flag State and Senegal shall ensure that
their FMCs have the necessary IT equipment and software to automatically
transmit ERS data in xml format, and shall have a backup procedure in place
capable of recording and storing ERS data in a format which will be
computer-readable for at least three years.

(5) 
ERS data must be transmitted using the
electronic means of communication operated by the European Commission on behalf
of the EU, referred to as the DEH (Data Exchange Highway).

(6) 
The flag State and Senegal shall each designate
an ERS correspondent who will act as the point of contact.

(a) 
ERS correspondents shall be designated for a
minimum period of six (6) months.

(b) 
The FMCs of the flag State and Senegal shall
notify one another of the contact details (name, address, telephone number,
fax, e-mail address) of their ERS correspondent, before the supplier starts
production of the ERS.

(c) 
Any changes to the contact details of the ERS
correspondent must be notified immediately.

2. 
Producing and communicating ERS data

(1) 
Union fishing vessels shall:

(a) 
communicate on a daily basis ERS data for each
day spent in Senegalese waters;

(b) 
record the quantity of each species caught and
kept on board as target species or by-catch, or discarded, for each fishing
operation;

(c) 
for each species identified in the fishing
authorization issued by Senegal, also declare zero catches;

(d) 
identify each species by its FAO alpha 3 code;

(e) 
express the quantities in kilograms of live
weight or, if necessary, the number of individual fish;

(f) 
record, in the ERS data, the transhipped and/or
landed quantity of each species;

(g) 
record in the ERS data, every time Senegalese
waters are entered (COE message) or exited (COX message), a specific message
containing the quantities held on board at the time of passing for each species
specified in the fishing authorisation issued by Senegal;

(h) 
transmit ERS data on a daily basis to the FMC of
the flag State, according to the format referred to in point 4 of paragraph 1
above, by 23:59 UTC at the latest.

(2) 
The master is responsible for the accuracy of
the ERS data recorded and sent.

(3) 
The FMC of the flag State shall send the ERS
data automatically and without delay to the Senegalese FMC.

(4) 
The Senegalese FMC shall confirm that it has
received the ERS data by means of a return message and shall handle all ERS
data confidentially.

3. 
Failure of the on-board ERS and/or
transmission of ERS data between the vessel and the FMC of the flag State

(1) 
The flag State shall immediately inform the
master and/or owner of a vessel flying its flag, or their agent, of any
technical failure of the ERS installed on board or any breakdown in
transmission of ERS data between the vessel and the FMC of the flag State.

(2) 
The flag State shall inform Senegal of the
failure detected and the corrective measures taken.

(3) 
In the event of a breakdown in the on-board ERS,
the master and/or owner shall ensure the ERS is repaired or replaced within
ten days. If the vessel makes a call at a port within those ten days,
it may only resume fishing activity in Senegalese waters once its ERS is in
perfect working order, unless Senegal authorises otherwise.

(a) 
Following a technical failure in its ERS, a
fishing vessel may not leave port until its ERS functions again to the
satisfaction of the flag State and Senegal, or

(b) 
it receives authorisation from the flag State.
In the latter case, the flag State shall inform Senegal of its decision before
the vessel leaves.

(4) 
Any EU vessels operating in Senegalese waters
with a faulty ERS must transmit all ERS data on a daily basis and by
23:59 UTC at the latest to the FMC of the flag State by any other
available means of electronic communication accessible by the Senegalese FMC.

(5) 
ERS data which could not be made available to
Senegal via the ERS owing to the failure of the system shall be transmitted by
the FMC of the flag State to the Senegalese FMC by another mutually agreed form
of electronic communication. This alternative transmission shall be considered
a priority, it being understood that it will not be possible to comply with the
transmission deadlines usually applicable.

(6) 
If the Senegalese FMC does not receive ERS data
from a vessel for three consecutive days, Senegal may instruct a vessel to
immediately call at a port of its choosing in order to investigate.

4. 
FMC failure – ERS data not received by
Senegalese FMC

(1) 
In the event that ERS data are not received by
an FMC, its ERS correspondent shall immediately inform the ERS correspondent
for the other FMC, and if necessary they shall work together to resolve the
problem.

(2) 
Before the ERS becomes operational, the FMC of
the flag State and the Senegalese FMC shall mutually agree on the alternative
means of electronic communication to be used in order to transmit ERS data in
the event of an FMC failure, and shall immediately inform one another of any
changes thereto.

(3) 
If the Senegalese FMC reports that ERS data has
not been received, the FMC of the flag State shall identify the causes of the
problem and take appropriate measures in order to resolve the problem. The FMC
of the flag State shall inform the Senegalese FMC and the EU of the outcome of
the measures taken within 24 hours after recognising the failure.

(4) 
If more than 24 hours is required in order
to resolve the problem, the FMC of the flag State shall immediately transmit
the missing ERS data to the Senegalese FMC via one of the alternative means of
electronic communication referred to in point 5 of paragraph 3.

(5) 
Senegal shall inform its competent monitoring
services (CMS) so that EU vessels are not considered by the Senegalese FMC to
be in violation of their obligations for not transmitting ERS data owing to a
failure in one of the FMCs.

5. 
FMC maintenance

(1) 
Planned maintenance of an FMC (maintenance
programme) which may affect the exchange of ERS data must be notified at least
72 hours in advance to the other FMC, indicating, where possible, the date
and duration of the maintenance work. Information about unplanned maintenance
work shall be sent to the other FMC as soon as possible.

(2) 
During the maintenance work, the provision of
ERS data may be put on hold until the system is operational again. The relevant
ERS data shall be made available immediately after the maintenance work has
been completed.

(3) 
If the maintenance work takes more than
24 hours, ERS data shall be sent to the other FMC using one of the
alternative means of electronic communication referred to in point 5 of
paragraph 3.

(4) 
Senegal shall inform its competent monitoring
services (CMS) so that EU vessels are not considered by the Senegalese FMC to
be in violation of their obligations for not transmitting ERS data owing to the
maintenance of an FMC.

Appendix
7

CONTACT DETAILS FOR SENEGAL

1. DPM

Address: Place du Tirailleur, 1
rue Joris, BP 289 Dakar

E-mail:infos@dpm.sn ;
cjpmanel@gmail.com

Telephone: + 221
338230137

Fax: + 221
338214758

2. Application for a fishing authorisation

Address: Place du Tirailleur, 1
rue Joris, BP 289 Dakar

E-mail:infos@dpm.sn ;
cjpmanel@gmail.com

Telephone: + 221
338230137

Fax: + 221
338214758

3. Fisheries Protection and Monitoring
Directorate (DPSP) and entry and exit notification

Nom du CSP (Code d'Appel): Papa
Sierra

Radio:

VHF:
F1 canal 16 ; F2 canal 71

HF:
F1 5.283 MHZ ; F2 7.3495 MHZ

Address:

E-mail: crrsdpsp@gmail.com

E-mail (alternatif):
surpeche@hotmail.com

Telephone: + 221 338602465

Fax: + 221 338603119

4.         CRODT (Centre de Recherche
Océanographique de Dakar Thiaroye)

Address: Pôle de Recherches de
Hann Sis au Laboratoire National d'Elevage et de Recherches vétérinaires
(PRH/LNERV)

BP 2241 Dakar

E-mail:
massal.fall@gmail.com

Telephone: + 221
773339289 / 776483936

Fax: + 221
338328265

ANNEX III
Specific conditions for the European Commission's approval of certain
amendments to the Agreement

1.           The European Commission's
approval of amendments to the Protocol adopted by the Joint Committee set up
under Article 7 of the Agreement is subject to the conditions set out in
paragraphs 2 to 5 of this Annex.

2.           Any amendments to the
Protocol concern the following issues:

a)      adjustment of fishing opportunities in accordance with
Articles 6 and 7 of the Protocol;

b)      decision on the rules on sectoral support in accordance with
Article 4 of the Protocol;

c)      technical specifications and procedures falling within the
powers of the Joint Committee in accordance with the Annex to the Protocol.

3.           In the Joint Committee,
the Union shall:

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

b)      follow the Council Conclusions of 19 March 2012 on a
Communication on the external dimension of the Common Fisheries Policy;

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

4.           When a decision on
amendments to the Protocol referred to in paragraph 2 is expected to be adopted
during a Joint Committee meeting, the necessary steps shall be taken so that
the position to be expressed on behalf of the Union takes account of the latest
statistical, biological and other relevant data transmitted to the Commission.

To this effect
and based on such data, a document setting out the particulars of the proposed
Union position (hereinafter referred to as 'preparatory document') shall be
transmitted by the Commission, in sufficient time before the relevant Joint
Committee meeting, to the Council or to its preparatory bodies for
consideration and approval.

In respect of
issues referred to in paragraph 2(a), the approval of the envisaged Union
position by the Council shall require a qualified majority of votes. In the
other cases, the Union position envisaged in the preparatory document shall be
deemed to be agreed, unless a number of Member States equivalent to a blocking
minority objects during a meeting of the Council's preparatory body or within
20 days from receipt of the preparatory document, whichever occurs
earlier. In case of such objection, the matter shall be referred to the
Council.

If, in the
course of further meetings, including on the spot, it is impossible to reach an
agreement in order for the Union position to take account of new elements, the
matter shall be referred to the Council or its preparatory bodies.

5.           The Commission shall take
any steps necessary as a follow-up to the decision of the Joint Committee,
including, where appropriate, publication of the relevant decision in the
Official Journal of the European Union and submission of any proposal necessary
for the implementation of that decision.

[1]               The fishing zone may, if necessary, be defined by
coordinates setting out the boundaries of the polygon in which fishing is
permitted. These coordinates shall be communicated to the European Commission
by the Senegalese authorities before this Protocol enters into force.

[2]               This provision shall be reviewed after one year of
application.

[3]               The biological rest period, like other technical
conservation measures, shall be reviewed after the Protocol has been in force
for one year and, should the Joint Scientific Working Group so recommend, may
be adapted to take account of fish stocks.

[4]               Annex X to Regulation (EU) No 404/2011
provides instructions to masters of EU fishing vessels on how to complete a
fishing logbook.