EN Official Journal of the European Union L 304/3

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 fishing 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 in accordance with 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, and the Annex and Appendices thereto;

(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 the 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 Organization (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 fishing vessels, in particular 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 fishing 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 another, 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 professional fisheries 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 without delay 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 fishing 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 without delay 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, Croatian, 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.

For the European Union For the Republic of Senegal

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 the Annex thereto 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 year, for the third year and for the fourth year 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 fishing 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 thereof. 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 thereof. 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, for the third year and for the fourth year 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 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, in particular 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) shall 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 fishing vessels be interested in fishing activities which are not provided for in Article 1, the Parties shall consult one another 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 Union 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 and the Annex and Appendices thereto shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. For the European Union For the Republic of Senegal