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AGREEMENT

IN THE FORM OF AN EXCHANGE OF LETTERS PROVIDING FOR PROVISIONAL APPLICATION OF THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SENEGAL AND THE EUROPEAN ECONOMIC COMMUNITY AMENDING THE AGREEMENT ON FISHING OFF THE COAST OF SENEGAL , AND OF THE PROTOCOL THERETO

A . LETTER FROM THE GOVERNMENT OF THE REPUBLIC OF SENEGAL

SIR ,

WITH REFERENCE TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE REPUBLIC OF SENEGAL AMENDING THE AGREEMENT ON FISHING OFF THE COAST OF SENEGAL SIGNED ON 15 JUNE 1979 , I HAVE THE HONOUR TO INFORM YOU THAT THE GOVERNMENT OF SENEGAL IS PREPARED TO APPLY THAT AGREEMENT , TOGETHER WITH THE PROTOCOL THERETO , PROVISIONALLY FROM THIS DAY UNTIL IT ENTERS INTO FORCE IN ACCORDANCE WITH ARTICLE 2 OF THE SAID AGREEMENT AND ARTICLE 5 OF THE PROTOCOL , PROVIDED THAT THE EUROPEAN ECONOMIC COMMUNITY IS PREPARED TO DO LIKEWISE .

IT IS UNDERSTOOD THAT , IN THIS CASE , A FIRST INSTALMENT EQUIVALENT TO 50 % OF THE COMPENSATION LAID DOWN IN ARTICLE 2 OF THE PROTOCOL MUST BE PAID WITHIN EIGHT WEEKS OF TODAY .

I SHOULD BE OBLIGED IF YOU WOULD CONFIRM THAT THE EUROPEAN ECONOMIC COMMUNITY AGREES TO PROVISIONAL APPLICATION AS INDICATED ABOVE .

PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

FOR THE GOVERNMENT OF THE REPUBLIC OF SENEGAL

B . LETTER FROM THE EUROPEAN ECONOMIC COMMUNITY

SIR ,

I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY'S DATE , WHICH READS AS FOLLOWS :

" WITH REFERENCE TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE REPUBLIC OF SENEGAL AMENDING THE AGREEMENT ON FISHING OFF THE COAST OF SENEGAL SIGNED ON 15 JUNE 1979 , I HAVE THE HONOUR TO INFORM YOU THAT THE GOVERNMENT OF SENEGAL IS PREPARED TO APPLY THAT AGREEMENT , TOGETHER WITH THE PROTOCOL THERETO , PROVISIONALLY FROM THIS DAY UNTIL IT ENTERS INTO FORCE IN ACCORDANCE WITH ARTICLE 2 OF THE SAID AGREEMENT AND ARTICLE 5 OF THE PROTOCOL , PROVIDED THAT THE EUROPEAN ECONOMIC COMMUNITY IS PREPARED TO DO LIKEWISE .

IT IS UNDERSTOOD THAT , IN THIS CASE , A FIRST INSTALMENT EQUIVALENT TO 50 % OF THE COMPENSATION LAID DOWN IN ARTICLE 2 OF THE PROTOCOL MUST BE PAID WITHIN EIGHT WEEKS OF TODAY .

I SHOULD BE OBLIGED IF YOU WOULD CONFIRM THAT THE EUROPEAN ECONOMIC COMMUNITY AGREES TO PROVISIONAL APPLICATION AS INDICATED ABOVE . "

I HAVE THE HONOUR TO INFORM YOU THAT THE COMMUNITY ACCEPTS THE PROVISIONAL APPLICATION OF THE AGREEMENT AND OF ITS PROTOCOL UNDER THE CONDITIONS REFERRED TO IN YOUR LETTER .

PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

FOR THE COUNCIL OF THE EUROPEAN COMMUNITIES

ANNEX

AGREEMENT

BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE REPUBLIC OF SENEGAL AMENDING THE AGREEMENT ON FISHING OFF THE COAST OF SENEGAL , SIGNED ON 15 JUNE 1979

ARTICLE 1

THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE REPUBLIC OF SENEGAL ON FISHING OFF THE COAST OF SENEGAL IS HEREBY AMENDED AS FOLLOWS :

I . ARTICLE 4 ( 4 ) SHALL BE DELETED .

II . THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 2 ) SHALL BE WORDED AS FOLLOWS :

" THE AMOUNTS PAYABLE AND THE METHOD OF PAYMENT ARE SET OUT IN ANNEX I.A . "

THE THIRD SUBPARAGRAPH OF THE SAID ARTICLE 5 ( 2 ) SHALL BE DELETED .

III . IN ANNEX I.A , PARAGRAPHS 1 , 2 AND 3 SHALL BE WORDED AS FOLLOWS :

" A . LICENCE APPLICATION AND ISSUING FORMALITIES

THE PROCEDURES FOR APPLICATIONS FOR AND ISSUE OF LICENCES ENABLING VESSELS FLYING THE FLAGS OF MEMBER STATES OF THE COMMUNITY TO FISH IN SENEGALESE WATERS SHALL BE AS FOLLOWS :

1.1 . THE COMPETENT COMMUNITY AUTHORITIES MUST PRESENT TO THE COMPETENT SENEGALESE AUTHORITIES ( SEPM ) ( 1 ) AN APPLICATION FOR EACH VESSEL THAT WISHES TO FISH UNDER THE AGREEMENT .

1.2 . THE APPLICATION SHALL BE MADE ON THE FORMS PROVIDED FOR THAT PURPOSE BY THE GOVERNMENT OF SENEGAL . A SPECIMEN IS ATTACHED HERETO .

1.3 . THE TECHNICAL SERVICES OF THE STATE SECRETARIAT FOR SEA FISHERIES SHALL INFORM THE DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES IN DAKAR AS SOON AS THE AMOUNT HAS BEEN ESTABLISHED PERMITTING THE VESSEL OWNER TO PAY THE FEES .

AFTER PAYMENT OF THE FEE , THE LICENCE SHALL BE SIGNED AND FORWARDED TO THE DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES IN DAKAR .

IF WITHIN TWO WEEKS OF NOTIFICATION OF THE AMOUNT DUE , THE FEE HAS NOT BEEN PAID , THE COMMUNITY MAY MAKE NEW APPLICATIONS FOR LICENCES FOR THE TONNAGE CONCERNED .

1.4 . LICENCES SHALL BE VALID FROM THE DATE OF ISSUE UNTIL 31 DECEMBER OF THE YEAR IN WHICH THEY WERE ISSUED .

1.5 . HOWEVER , TRAWLERS WHICH ARE NOT OBLIGED TO LAND THEIR ENTIRE CATCH IN SENEGAL MAY , WITHIN THE LIMITS LAID DOWN BY THE PROTOCOL ESTABLISHING FISHING RIGHTS AND COMPENSATION , OBTAIN SPECIAL LICENCES VALID FOR NOT MORE THAN FOUR MONTHS .

1.6 . THE FEES ARE SET ACCORDING TO THE FOLLOWING SCALE :

( A ) TRAWLERS LANDING THEIR ENTIRE CATCH :

CFAF 8 500 PER GROSS REGISTER TON PER YEAR FOR SHRIMP BOATS ,

CFAF 7 500 PER GROSS REGISTER TON PER YEAR FOR FISH BOATS ;

( B ) TRAWLERS NOT LANDING THEIR ENTIRE CATCH AND FISHING THROUGHOUT THE YEAR :

CFAF 17 000 PER GROSS REGISTER TON PER YEAR FOR SHRIMP BOATS ,

CFAF 15 000 PER GROSS REGISTER TON PER YEAR FOR FISH BOATS ;

( C ) FREEZER TRAWLERS NOT LANDING THEIR ENTIRE CATCH AND FISHING FOR A FOURMONTH PERIOD BETWEEN 1 APRIL AND 30 SEPTEMBER :

CFAF 10 500 PER GROSS REGISTER TON ;

( D ) TUNA BOATS LANDING THEIR ENTIRE CATCH :

CFAF 2 PER KG OF FISH CAUGHT ;

( E ) TUNA BOATS NOT LANDING THEIR ENTIRE CATCH :

CFAF 6 PER KG OF FISH CAUGHT .

2 . THE FEE SHALL BE SET FOR ONE YEAR IRRESPECTIVE OF THE PERIOD FOR WHICH THE LICENCE IS VALID , WITH THE EXCEPTION OF :

( A ) THE SPECIAL LICENCES REFERRED TO UNDER 1.5 ;

( B ) LICENCES ISSUED PURSUANT TO PARAGRAPH 3 ;

( C ) THE CASE MENTIONED IN ARTICLE 4 ( 6 ) OF THE AGREEMENT .

3 . FOR LICENCES ISSUED AT THE BEGINNING OF THE PERIOD OF VALIDITY OF THE PROTOCOL ESTABLISHING FISHING RIGHTS AND COMPENSATION , AND FOR LICENCES VALID UNTIL THE EXPIRY DATE OF THE SAID PROTOCOL , THE FEE SHALL BE IN PROPORTION TO THE PERIOD FOR WHICH THE LICENCE IS VALID . "

IV . ANNEX I.D SHALL BE WORDED AS FOLLOWS :

" D . TRAINING GRANTS AND SCIENTIFIC PROGRAMME

THE TWO PARTIES AGREE THAT AN ESSENTIAL CONDITION FOR THE SUCCESS OF THEIR COOPERATION IS THAT THE COMPETENCE AND KNOW-HOW OF PERSONS ENGAGED IN SEA FISHING SHOULD BE IMPROVED . TO THIS END , THE COMMUNITY SHALL MAKE IT EASIER FOR SENEGALESE NATIONALS TO FIND PLACES IN ESTABLISHMENTS IN ITS MEMBER STATES AND SHALL PROVIDE 10 STUDY AND TRAINING GRANTS FOR A FIVE-YEAR PERIOD IN THE VARIOUS SCIENTIFIC , TECHNICAL AND ECONOMIC DISCIPLINES CONNECTED WITH FISHERIES . "

V . THE FOLLOWING POINT SHALL BE ADDED TO ANNEX I :

F . SIGNING-ON OF OBSERVERS

1 . WHEN FISHING IN SENEGALESE WATERS , FREEZER TRAWLERS FLYING THE FLAGS OF MEMBER STATES OF THE COMMUNITY SHALL ACCEPT OBSERVERS DESIGNATED BY SENEGAL . THE CAPTAIN SHALL FACILITATE THE WORK OF THE OBSERVER WHO SHALL BE ELIGIBLE FOR THE FACILITIES PROVIDED FOR THE OFFICERS OF THE VESSEL CONCERNED .

2 . THE SENEGALESE AUTHORITIES SHALL COMMUNICATE TO THE COMMISSION OF THE EUROPEAN COMMUNITIES THE NAMES OF DESIGNATED OBSERVERS .

3 . NO VESSEL SHALL BE REQUIRED TO HAVE MORE THAN ONE OBSERVER ON BOARD AT ONE TIME .

4 . BOARD AND LODGING SHALL BE PROVIDED FOR THE OBSERVER BY THE SHIPOWNER OF THE LATTER'S EXPENSE ; HIS MEALS SHALL BE SERVED IN THE OFFICERS' MESSROOM . HE SHALL BE LODGED IN THE AREAS PROVIDED FOR THE OFFICERS OR , IF THIS IS IMPOSSIBLE , IN A LIVING AREA DISTINCT FROM THAT PROVIDED FOR THE CREW .

5 . THE VESSEL OWNER SHALL REIMBURSE THE SENEGALESE GOVERNMENT AT A FLAT RATE , INCLUDING ALL CHARGES , OF CEAF 8 000 PER DAY SPENT BY THE OBSERVER ON BOARD THE VESSEL . "

ARTICLE 2

THIS AGREEMENT SHALL ENTER INTO FORCE ON THE DATE ON WHICH THE PARTIES NOTIFY EACH OTHER OF THE COMPLETION OF THE THE PROCEDURES NECESSARY FOR THIS PURPOSE .

( 1 ) SECRETARIAT D'ETAT A LA PECHE MARITIME ( STATE SECRETARIAT FOR SEA FISHERIES ) .

PROTOCOL

ESTABLISHING THE FISHING RIGHTS AND COMPENSATION PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE REPUBLIC OF SENEGAL ON FISHING OFF THE COAST OF SENEGAL , FOR THE PERIOD 16 NOVEMBER 1981 TO 15 NOVEMBER 1983

THE PARTIES TO THIS PROTOCOL ,

HAVING REGARD TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE REPUBLIC OF SENEGAL ON FISHING OFF THE COAST OF SENEGAL , SIGNED ON 15 JUNE 1979 AND AMENDED BY THE AGREEMENT SIGNED ON ...

HAVE AGREED AS FOLLOWS :

ARTICLE 1

THE LIMITS REFERRED TO IN ARTICLE 4 OF THE ABOVEMENTIONED AGREEMENT SHALL BE SET AS FOLLOWS :

1 . TUNA BOATS OBLIGED TO LAND THEIR ENTIRE CATCH IN SENEGAL : 3 000 GROSS REGISTER TONS ,

2 . TRAWLERS OBLIGED TO LAND THEIR ENTIRE CATCH IN SENEGAL : 2 150 GROSS REGISTER TONS ,

3 . TUNA BOATS NOT OBLIGED TO LAND THEIR ENTIRE CATCH IN SENEGAL : 23 300 GROSS REGISTER TONS ,

4 . TRAWLERS NOT OBLIGED TO LAND THEIR ENTIRE CATCH IN SENEGAL :

( A ) FOR THE WHOLE YEAR 5 000 GROSS REGISTER TONS ,

( B ) FOR A FOUR-MONTH PERIOD BETWEEN 1 APRIL AND 30 SEPTEMBER 9 000 GROSS REGISTER TONS

OVER AND ABOVE THE TONNAGE REFERRED TO UNDER ( A ) .

ARTICLE 2

1 . THE COMPENSATION REFERRED TO IN ARTICLE 9 OF THE AGREEMENT SHALL BE SET AT CFAF 2 500 MILLION TO BE MOBILIZED IN TWO ANNUAL INSTALMENTS .

2 . THE COMPENSATION SHALL BE PAID OUT IN ACCORDANCE WITH THE FOLLOWING PROCEDURE :

- FOR 1/3 INTO AN ACCOUNT OPENED IN THE NAME OF THE STATE SECRETARIAT FOR SEA FISHERIES ,

- FOR 2/3 INTO THE ACCOUNT OF THE TREASURER-GENERAL OF SENEGAL .

ARTICLE 3

SHOULD THE EUROPEAN ECONOMIC COMMUNITY FAIL TO MAKE THE PAYMENTS PROVIDED FOR IN THIS PROTOCOL , THE AGREEMENT ON FISHING SHALL BE SUSPENDED .

ARTICLE 4

THE COMMUNITY SHALL IN ADDITION CONTRIBUTE CFAF 100 MILLION TOWARDS THE FINANCING OF A SENEGALESE SCIENTIFIC PROGRAMME . THIS SUM SHALL BE PUT AT THE DISPOSAL OF THE CENTRE FOR OCEANOGRAPHIC RESEARCH OF DAKAR - THIAROYE ( CRODT ) WHICH COMES UNDER THE SENEGALESE INSTITUTE FOR AGRICULTURAL RESEARCH ( ISRA ) .

ARTICLE 5

THIS PROTOCOL SHALL ENTER INTO FORCE ON THE DATE ON WHICH THE PARTIES NOTIFY ONE ANOTHER OF THE COMPLETION OF THE PROCEDURES NECESSARY FOR THIS PURPOSE .