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 was 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 its 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 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 authorise the signing and the provisional application of the new Agreement and of the Implementation Protocol thereto.

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 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 to 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 in 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.

2014/0239 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union, and provisional application 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, in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The European Union and the Republic of Senegal have negotiated a Sustainable Fisheries Partnership Agreement ("Partnership Agreement") and an Implementation Protocol thereto, granting European Union vessels fishing opportunities in the waters over which the Republic of Senegal has sovereignty or jurisdiction in respect of fisheries.

(2) The Protocol was initialled at the end of those negotiations on 25 April 2014.

(3) The Partnership Agreement repeals the previous Agreement that was concluded between the Government of the Republic of Senegal and the European Economic Community on fishing off the coast of Senegal and that entered into force on 1 June 1981.

(4) Article 17 of the Partnership Agreement and Article 12 of the Implementation Protocol thereto provide for their respective provisional application from the date of their signature.

(5) The Partnership Agreement and the Implementation Protocol thereto should be signed.

(6) In order to guarantee the continuation of fishing activities by European Union vessels, the Partnership Agreement and the Implementation Protocol thereto should be applied on a provisional basis, pending the completion of the procedures for its conclusion,

(7)

HAS ADOPTED THIS DECISION:

Article 1

The signing, on behalf of the European Union, of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Senegal and of the Implementation Protocol thereto is hereby authorised, subject to the conclusion of the said Agreement and Protocol.

The texts of the Agreement and Protocol are attached to this Decision.

Article 2

The Council Secretariat General shall establish the instruments of full powers authorising the person(s) indicated by the negotiator of the Agreement and of the Protocol to sign the Agreement and the Protocol, subject to their conclusion.

Article 3

The Agreement shall be applied provisionally, in accordance with Article 17 thereof, from the date of its signature, pending the completion of the procedures necessary for its conclusion.

Article 4

The Protocol shall be applied provisionally, in accordance with Article 12 thereof, from the date of its signature, pending the completion of the procedures necessary for its conclusion.

Article 5

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

LEGISLATIVE FINANCIAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

1.2. Policy area(s) concerned in the ABM/ABB structure

1.3. Nature of the proposal/initiative

1.4. Objective(s)

1.5. Grounds for the proposal/initiative

1.6. Duration and financial impact

1.7. Management method(s) envisaged

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

2.2. Management and control system

2.3. Measures to prevent fraud and irregularities

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

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

3.2. Estimated impact on expenditure

3.2.1. Summary of estimated impact on expenditure

3.2.2. Estimated impact on operational appropriations

3.2.3. Estimated impact on appropriations of an administrative nature

3.2.4. Compatibility with the current multiannual financial framework

3.2.5. Third-party contributions

3.3. Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

Proposal for a Council Decision on the conclusion of a Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Senegal and of the Implementation Protocol thereto.

1.2. Policy area(s) concerned in the ABM/ABB structure[1]

11. – Maritime affairs and fisheries policies

11.03 – Compulsory contributions to regional fisheries management organisations (RFMOs) and other international organisations and sustainable fisheries agreements (SFAs)

1.3. Nature of the proposal/initiative

¨ The proposal/initiative relates to a new action

¨ The proposal/initiative relates to a new action following a pilot project/preparatory action[2]

X The proposal/initiative relates to the extension of an existing action

¨ The proposal/initiative relates to an action redirected towards a new action

1.4. Objective(s)

1.4.1. The Commission's multiannual strategic objective(s) targeted by the proposal/initiative

The negotiation and conclusion of sustainable fisheries agreements with third countries meets the general objective of giving EU fishing vessels access to fishing zones located in third countries’ Exclusive Economic Zone (EEZ) and developing partnership with those countries with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.

The Sustainable Fisheries Partnership Agreements (SFPAs) also ensure consistency between the principles governing the Common Fisheries Policy and the commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy and better political and financial governance of fisheries).

1.4.2. Specific objective(s) and ABM/ABB activity(-ies) concerned

Specific objectives

To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and consumers by negotiating and concluding SFPAs with coastal states, consistent with other European policies.

ABM/ABB activity(-ies) concerned

Maritime affairs and fisheries, to establish a governance framework for fishing activities carried out by European Union fishing vessels in third country waters (SFAs) (budget line 11.0301).

1.4.3. Expected result(s) and impact

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

The conclusion of the Agreement enables the establishment of a strategic fisheries partnership between the European Union and the Republic of Senegal. The conclusion of the Protocol will help maintain the fishing opportunities for EU vessels in the Senegalese fishing zone.

The Protocol will also contribute to better management and conservation of fishery resources, through financial support (sectoral support) for the implementation of programmes adopted at national level by the partner country, in particular as regards monitoring and combating illegal fishing.

1.4.4. Indicators of results and impact

Specify the indicators for monitoring implementation of the proposal/initiative.

Rates of utilisation of fishing opportunities (annual uptake of fishing authorisations as a percentage of availability under the Protocol);

Gathering and analysing data on catches and the commercial value of the Agreement;

Contribution to employment and to added value in the EU and to stabilising the EU market (in aggregate with other SFPAs);

Number of technical meetings and meetings of the Joint Committee.

1.5. Grounds for the proposal/initiative

1.5.1. Requirement(s) to be met in the short or long term

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 a first-generation fisheries agreement and does not include the principles arising from the reform of the CFP and its external dimension (importance of a scientific basis, transparency, exclusivity, etc.). It is therefore necessary to update it. The last Protocol to this Agreement expired on 30 June 2006. It is intended that the new Protocol will apply provisionally from the date of its signature. In order not to extend the period of suspension of fishing operations, a procedure for adoption by the Council of a Decision on the signing and provisional application of the Agreement and of the Protocol has been launched in parallel with this procedure.

The new Protocol will provide a framework for the fishing activities of the European fleet in the Senegalese fishing zones and will authorise European vessel owners to apply for fishing licences allowing them to fish in Senegalese waters. In addition, the new Protocol enhances cooperation between the EU and Senegal, with a view to promoting the development of a sustainable fishing policy. It provides, in particular, for vessels to be monitored via VMS and for the electronic transmission of catch data. Sectoral support has been strengthened to help the Republic of Senegal with its national fisheries strategy, including in the fight against IUU fishing.

1.5.2. Added value of EU involvement

As regards this new Agreement and Protocol, failure to act by the EU would allow the emergence of private agreements which would not guarantee sustainable fisheries. The European Union also hopes that with this Protocol, the Republic of Senegal will continue to cooperate effectively with the EU particularly as regards the fight against illegal fishing.

1.5.3. Lessons learned from similar experiences in the past

An analysis of past catches in Senegal and of recent catches within the framework of similar protocols in the region, as well as the assessments and scientific advice available, led the parties to set a reference tonnage for tunas (14 000 tonnes a year) and an authorised volume of catches for black hake (2 000 tonnes a year). Sectoral support, which has been at a relatively high level, takes account of the priorities of the national fisheries strategy and requirements in terms of building the capacity of the Senegalese fishing authorities.

1.5.4. Compatibility and possible synergy with other appropriate instruments

Funds paid out under SFPAs constitute fungible revenue in the budgets of the third-country partners. However, allocating some of those funds for implementing measures as part of the country’s sectoral policy is a condition for the conclusion and monitoring of SFPAs. These financial resources are compatible with other sources of funding from other providers of international funding for carrying out projects and/or programmes at national level in the fisheries sector.

1.6. Duration and financial impact

X Proposal/initiative of limited duration

– X Proposal/initiative in force from the date of signature and for a duration of five years.

– X Financial impact from 2014 to 2018

¨ Proposal/initiative of unlimited duration

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

– followed by full-scale operation.

1.7. Management method(s) envisaged[3]

From the 2014 budget

X Direct management by the Commission

– X By its departments, including by its staff in the European Union delegations ;

– ¨ by the executive agencies

¨ Shared management with Member States

¨ Indirect management by entrusting budget implementation tasks to:

– ¨ third countries or the bodies they have designated;

– ¨ international organisations and their agencies (please specify);

– ¨the EIB and the European Investment Fund;

– ¨ bodies referred to in Articles 208 and 209 of the Financial Regulation;

– ¨ public law bodies;

– ¨ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

– ¨ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

– ¨ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

– If more than one management mode is indicated, please provide details in the "Comments" section.

Comments

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

Specify frequency and conditions

The Commission (DG MARE, in collaboration with its fisheries counsellor in Senegal and the European Union’s Delegation in Dakar) will ensure regular monitoring of the implementation of this Protocol, particularly as regards operators’ use of fishing opportunities and catch data.

The Sustainable Fisheries Partnership Agreement provides for at least one annual meeting of the Joint Committee, at which the Commission and the Republic of Senegal review the implementation of the Agreement and the Protocol thereto and, if necessary, adjust the programming and, if applicable, the financial contribution.

2.2. Management and control system

2.2.1. Risk(s) identified

There is some risk in setting up a fisheries protocol, particularly with regard to the amounts intended to finance the sectoral fisheries policy (under-programming).

2.2.2. Information concerning the internal control system set up

Extensive dialogue is planned on the programming and implementation of the sectoral policy laid down in the Agreement and the Protocol. Joint analysis of results, as referred to in Article 4 of the Protocol, also forms part of these control methods.

In addition, the Agreement and the Protocol contain specific clauses for their suspension, on certain conditions and in given circumstances.

2.2.3. Estimate of the costs and benefits of the controls and assessment of the expected level of risk of error

2.3. Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures

The Commission undertakes to establish political dialogue and regular coordination with the Republic of Senegal with a view to improving the management of the Agreement and the Protocol and strengthening the EU’s contribution to the sustainable management of resources. In any case, any payment which the Commission makes under an SFPA is subject to the Commission's standard rules and budgetary and financial procedures. This makes it possible, in particular, to fully identify the bank accounts of the third countries into which the financial contribution is paid. For this particular Protocol, Article 3(9) stipulates that the entire financial contribution must be paid into an account of the Public Treasury of Senegal or into a deposit account opened in the books of the Public Treasury of Senegal.

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

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

· Existing budget lines

Following the order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Description…...…] || Diff./non-diff. ([4]) || from EFTA countries[5] || from candidate countries[6] || from third countries || within the meaning of Article 21 (2) (b) of the Financial Regulation

2. || 11.03 01 To establish a governance framework for fishing activities carried out by European Union fishing vessels in third country waters (SFAs) || diff. || NO || NO || YES || NO

· New budget lines requested (not applicable)

Following the order of multiannual financial framework headings and budget lines

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Heading…..] || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 21 (2) (b) of the Financial Regulation

|| [XX.YY.YY.YY] || || YES/NO || YES/NO || YES/NO || YES/NO

3.2. Estimated impact on expenditure

3.2.1. Summary of estimated impact on expenditure

EUR million (to three decimal places)

Heading of multi-annual financial framework: || Number 2 || Sustainable growth: natural resources

DG MARE || || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

 Operating appropriations || || || || || || || ||

Number of budget line 11.0301 || Commitments || (1) || 1.808 || 1.738 || 1,738 || 1,738 || 1.668 || || || 8.690

Payments || (2) || 1.808 || 1.738 || 1.738 || 1,738 || 1.668 || || || 8.690

Number of budget line || Commitments || (1a) || || || || || || || ||

Payments || (2a) || || || || || || || ||

Appropriations of an administrative nature financed from the envelope of specific programmes[7] || || || || || || || ||

Number of budget line 11 010401 || || (3) || 0.053 || 0.053 || 0.053 || 0.053 || 0.113 || || || 0.325

TOTAL appropriations for DG MARE || Commitments || =1+1a +3 || 1.861 || 1.791 || 1.791 || 1.791 || 1.781 || || || 9.015

Payments || =2+2a +3 || 1.861 || 1,791 || 1,791 || 1,791 || 1,781 || || || 9.015

 TOTAL operational appropriations || Commitments || (4) || 1,808 || 1,738 || 1,738 || 1,738 || 1,668 || || || 8,690

Payments || (5) || 1,808 || 1,738 || 1,738 || 1,738 || 1.668 || || || 8.690

 TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || 0,053 || 0,053 || 0,053 || 0,053 || 0,113 || || || 0,325

TOTAL appropriations under HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 1,861 || 1,791 || 1,791 || 1,791 || 1,781 || || || 9,015

Payments || =5+ 6 || 1,861 || 1,791 || 1,791 || 1,791 || 1,781 || || || 9,015

If more than one heading is affected by the proposal/initiative: NOT APPLICABLE

 TOTAL operational appropriations || Commitments || (4) || || || || || || || ||

Payments || (5) || || || || || || || ||

 TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || || || || || || || ||

TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 || || || || || || || ||

Payments || =5+ 6 || || || || || || || ||

Heading of multi-annual financial framework: || 5 || Administrative

EUR million (to three decimal places)

|| || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

DG: MARE ||

 Human resources || 0,113 || 0,113 || 0,113 || 0,113 || 0.113 || || || 0,565

 Other administrative expenditure || 0,006 || 0,006 || 0,006 || 0,006 || 0,006 || || || 0,030

TOTAL DG MARE || Appropriations || 0,119 || 0,119 || 0,119 || 0,119 || 0,119 || || || 0,595

TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0,119 || 0,119 || 0,119 || 0,119 || 0,119 || || || 0,595

EUR million (to three decimal places)

|| || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Enter as many years as necessary ... || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 1,980 || 1,910 || 1,910 || 1,910 || 1,900 || || || 9,610

Payments || 1,980 || 1,910 || 1,910 || 1,910 || 1,900 || || || 9,610

3.2.2. Estimated impact on operational appropriations

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

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

Commitment appropriations in EUR million (to 3 decimal places)

Indicate objectives and outputs ò || || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

OUTPUTS

Type[8] || Average cost || Quantity || Cost || Quantity || Cost || Quantity || Cost || Quantity || Cost || Quantity || Cost || Quantity || Cost || Quantity || Cost || Total quantity || Total cost

SPECIFIC OBJECTIVE No 1[9]… || || || || || || || || || || || || || || || ||

- vessel licences || t/yr || [10] || || 1,058 || || 0,988 || || 0,988 || || 0,988 || || 0,918 || || || || || || 4,940

- sectoral support || annual || 0,750 || || 0,750 || || 0,750 || || 0,750 || || 0,750 || || 0,750 || || || || || || 3,750

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

subtotal for specific objective No 1 || || 1,808 || || 1,738 || || 1,738 || || 1,738 || || 1,668 || || || || || || 8,690

SPECIFIC OBJECTIVE No 2… || || || || || || || || || || || || || || || ||

- output || || || || || || || || || || || || || || || || || ||

Subtotal for specific objective No 2 || || || || || || || || || || || || || || || ||

TOTAL COST || || 1,808 || || 1,738 || || 1,738 || || 1,738 || || 1,668 || || || || || || 8,690

3.2.3. Estimated impact on appropriations of an administrative nature

3.2.3.1. Summary

– ¨ The proposal/initiative does not require the use of appropriations of an administrative nature.

– x The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

|| Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

HEADING 5 of the multiannual financial framework || || || || || || || ||

Human resources || 0,113 || 0,113 || 0,113 || 0,113 || 0,113 || || || 0,565

Other administrative expenditure || 0,006 || 0,006 || 0,006 || 0,006 || 0,006 || || || 0,030

Subtotal HEADING 5 of the multiannual financial framework || 0,119 || 0,119 || 0,119 || 0,119 || 0,119 || || || 0,595

outside HEADING 5[11] of the multiannual financial framework || || || || || || || ||

Human resources || 0,041 || 0,041 || 0,041 || 0,041 || 0,041 || || || 0,205

Other expenditure of an administrative nature || 0,012 || 0,012 || 0,012 || 0,012 || 0,072 || || || 0,120

Subtotal outside HEADING 5 of the multiannual financial framework || 0,053 || 0,053 || 0,053 || 0,053 || 0,113 || || || 0,325

TOTAL || 0,172 || 0,172 || 0,172 || 0,172 || 0,232 || || || 0,928

The appropriations of an administrative nature required will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3.2.3.2. Estimated human resources requirements

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

– x The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

|| || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018

||  Establishment plan posts (officials and temporary agents) || ||

|| 11 01 01 01 (Headquarters and Commission’s Representation Offices) || 0,95 || 0,95 || 0,95 || 0,95 || 0,95

|| XX 01 01 02 (Delegations) || || || || ||

|| XX 01 05 01 (Indirect research) || || || || ||

|| 10 01 05 01 (Direct research) || || || || ||

 External personnel (in Full Time Equivalent: FTE)[12] || ||

|| XX 01 02 01 (CA, SNE, INT from the "global envelope") || || || || ||

|| XX 01 02 02 (CA, LA, INT, SNE and JED in the delegations) || || || || ||

|| 11 01 04 01 [13] || - at Headquarters || || || || ||

|| - Delegations || 0,5 || 0,5 || 0,5 || 0,5 || 0,5

|| XX 0X 01 05 02 (CA, SNE, INT - indirect research) || || || || ||

|| 10 01 05 02 (CA, SNE, INT - direct research) || || || || ||

|| Other budget lines (specify) || || || || ||

|| TOTAL || || || || ||

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staff || Administrative and budgetary implementation of the agreement (licences, monitoring catches, payment, sectoral support), preparation for and participation in joint committees and in negotiating subsequent Protocols, preparation and implementation of legislative acts, correspondence, technical and scientific support. Desk officer + financial assistant + secretarial staff + head of unit (or deputy) + scientific and technical support and collection of licence and catch data : 0.95 FTE divided between 0.75 at EUR 132 000/year and 0.2 at EUR 70 000/year.

External staff || Monitoring the implementation of the agreement and provision of sectoral support. Estimated 0.33 FTE at EUR 125 000/year.

3.2.4. Compatibility with the current multiannual financial framework

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

– ¨ The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts.

– ¨ The proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework[14].

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

3.2.5. Third-party contributions

– The proposal/initiative does not provide for co-financing by third parties.

– The proposal/initiative provides for the co-financing estimated below:

Appropriations in EUR million (to three decimal places)

|| Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || Total

Specify the co-financing body || || || || || || || ||

TOTAL appropriations cofinanced || || || || || || || ||

3.3. Estimated impact on revenue

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

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

¨ on own resources

¨ on miscellaneous revenue

EUR million (to three decimal places)

Budget revenue line: || Appropriations available for the current financial year || Impact of the proposal/initiative[15]

Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6)

Article …………. || || || || || || || ||

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

Specify the method for calculating the impact on revenue.

[1] ABM: Activity-Based Management – ABB: Activity-Based Budgeting.

[2] As referred to in Article 54 (2) (a) or b) of the Financial Regulation.

[3] Details of management methods and references to the Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

[4] Diff. = Differentiated appropriations / Non-Diff. = Non-differentiated appropriations.

[5] EFTA: European Free Trade Association.

[6] Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

[7] Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect research, direct research.

[8] Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

[9] As described in Section 1.4.2. "Specific objective(s)…"

[10] Tuna: price per tonne (reference tonnage of 14 000 tonnes per year): EUR 55 in the 1st year, EUR 50 € in the following three years and EUR 45 in the last year; Black hake: total price (volume of authorised catches of 2 000 tonnes per year): EUR 228 000 per year.

[11] Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect research, direct research.

[12] CA= Contract Staff; LA = Local Staff; SNE= Seconded National Expert; INT = agency staff; JED = Junior Experts in Delegations.

[13] Sub-ceiling for external staff covered by operational appropriations (former "BA" lines).

[14] See points 19 and 24 of the Interinstitutional Agreement (for the period 2007-2013).

[15] As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25 % for collection costs.

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 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 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 the period of validity of the licence;

– 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 they are on board observers 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 fisheries 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 V – 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 st