PROPOSAL FOR A COUNCIL REGULATION (EC) on the conclusion of the Protocol establishing the fishing possibilities and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period 2nd October 1994 - 1st October 1996
Date: 1994-11-23
Institutions: European Commission
Subjects: Senegal, agreement (EU), economic support, fishing agreement, fishing regulations, sea fishing

ÎOMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(94) 514 final 
Brussels, 23.11.1994 

94/0269  (CNS) 

Proposal  for a 

COUNCIL  DECISION 

on  the  conclusion  of  an Agreement  in  the  form  of  an  exchange  of  letters 
concerning  die  provisional  application  of  the  Protocol  setting  out  the  fishing  possibilities 
and  financial  compensation  provided  for in  the  Agreement  between  the  Government 
of  the  Republic  of  Senega]  and the  European  Community  on  fishing  off 
the  coast of  Senegal  for the  period from  2  October  1994  to  1 October  1996 

PROPOSAL  FOR A 

COUNCIL  REGULATION  (EQ 

9 4 / 0 2 69  (CMS) 

on  the  conclusion  of  the  Protocol  establishing  the  fishing  possibilities  and  financial 
compensation  provided  for in  the Agreement  between  the  European  Community  and the 
Government  of  the  Republic  of  Senegal  on  fishing  off  the  coast  of  Senegal 
for  the  period  2nd October  1994  -  lrt  October  1996 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

The Protocol  attached to the fishing  Agreement between the European Community  and  Senegal 
expired on  1st October  1994.  A new Protocol  establishing the technical and financial  conditions 

for  fishing  activity  by  the  EC  fishing  fleet  in  Senegalese  waters  for  the  period  from 
2  October  1994 to  1st  October  1996 was initialled by the two Parties on  29 September  1994. 

On  this basis the  Commission  proposes that the Council  adopt: 

by  decision,  a  draft  Agreement  in  the  form  of  an  Exchange  of  Letters  concerning  the 

provisional  application  of the new Protocol  pending  its definitive  entry  into  force, 

by  regulation,  the  Protocol  establishing  the  fishing  possibilities  and  technical  and 

financing  conditions  pertaining  thereto  as  agreed  by  the  European  Community  and 

Senegal  for  the period  2 October  1994 to  1 October  1996. 

Proposal  for a 

C O U N C IL  DECISION 

on the conclusion of an Agreement in die form of an exchange  of letters 
concerning the provisional  application of the Protocol  setting  out the fishing  possibilities 
and financial  compensation provided for in die Agreement between the Government 
of the Republic  of Senegal  and the European Community  on fishing  off 
the coast of Senegal  for the period from 2 October 1994  to  1 October 1996 

THE  COUNCIL  OF THE EUROPEAN  UNION, 

Having  regard  to the Treaty  establishing  the European  Community, 

Having  regard  to  the  Agreement  between  the  European  Economic  Community  and  the 
Government  of  the  Republic  of  Senegal  on  fishing  off  the  coast  of  Senegal(,),  signed  in 

Brussels  on  15 June  1979, 

Having  regard  to the proposal  from  the  Commission, 

Whereas, pursuant  to the second paragraph  of Article  17 of the abovementioned  Agreement, 

the  Community  and  the  Republic  of  Senegal  entered  into  negotiations  to  determine  the 

amendments or additions to be made to the Agreement on the expiry of the application period 

of the Protocol  annexed  thereto; 

Whereas,  as  a  result  of  these  negotiations,  a  new  Protocol  was  initialled  on  29  September 

1994; 

Whereas, under this Protocol, Community  fishermen  enjoy  fishing  possibilities  n the waters 

falling  within  the sovereignty  or jurisdiction  of  Senegal  for  the period  from  2 October  1994 

to  1 October  1996; 

( l)  OJ No  L 226, 29.8.1980, p. 17. 

Whereas, in order to avoid an interruption in the fishing  activities of Community vessels, the 

Protocol  in question  should be applied as soon as possible; whereas for this reason the two 

Parties have initialled an Agreement in the form of  an exchange of  letters providing for the 

provisional  application  of  the  initialled  Protocol  from  the  day  following  that on  which the 

Protocol  currently  in force  expires; whereas that Agreement should be approved, pending a 

final  decision to be taken on the basis of  Article 43 of the Treaty, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement  in the form  of an exchange of letters concerning the provisional  application 

of  the Protocol  setting out the fishing  possibilities  and financial  compensation  provided for 

in  the  Agreement  between  the  Government  of  the  Republic  of  Senegal  and  the European 

Community  on  fishing  off  the  coast  of  Senegal  for  the  period  from  2  October  1994  to 1 

October  1996 is hereby  approved on behalf of the Community. 

The text of the Agreement is attached to this Decision. 

Article 2 

The President of the Council is hereby authorized to designate the persons empowered to sign 

the Agreement in the form of an exchange of  letters in order to bind the Community. 

Done  at Brussels, 

For the Council 

The President 

DRAFT AGREEMENT 

in the form of an Exchange of Letters on the provisional application of 
the Protocol defining, for the period from 2 October 1994 
to 1 October 1996, the fishing possibilities and financial 
compensation provided for in the 
Agreement between  the Government of the Republic of Senegal 
and the European Community  on fishing off the coast of Senegal 

A. 

Letter from the Government of Senegal 

Sirs, 

With reference to the Protocol initialled on 29 September  1994 defining the 
fishing possibilities and financial compensation for the period from 2 October 
1994 to 1 October  1996, I have the honour to inform you that the Government 
of  Senegal  is prepared  to  apply  the  Protocol  on  a provisional  basis  with 
effect  from 2 October  1994, pending its entry into force in accordance with 
Article  8 thereof, provided that the European Community is disposed to do the 
same. 

This  is on the understanding  that  the first  instalment equal  to 50% of the 
financial  compensation  fixed  in Article 2  of  the  Protocol  and  50% of  the 
amounts provided for in Articles 3 and 5 of the Protocol is to be paid before 
31 January 1995. 

I  should be obliged  if you would  confirm the European Community's  agreement 
to such provisional application of the Protocol. 

Please accept, Sirs, the assurance of my highest consideration. 

For the Government of 

the Republic of Senegal 

B. 

Letter from the Community 

Sirs, 

I am in receipt of your letter of today's date, which reads as follows: 

"With reference to the Protocol initialled on 29 September 1994 defining the 
fishing possibilities and financial compensation for the period from 2 October 
1994 to 1 October 1996, I have the honour to inform you that the Government 
of  Senegal  is prepared  to  apply  the  Protocol  on  a  provisional  basis  with 
effect  from 2 October  1994, pending its entry into force in accordance with 
Article 8 thereof, provided that the European Community is disposed to do the 
same. 

This is on the understanding  that  the first instalment  equal to 50% of the 
financial  compensation  fixed  in Article 2  of  the  Protocol  and  50% of  the 
amounts provided for in Articles 3 and 5 of the Protocol is to be paid before 
31 January 1995. 

I should be obliged  if you would confirm the European Community's  agreement 
to such provisional  application of the Protocol." 

I  have  the  honour  to  confirm  the  European  Community's  agreement  to  such 
provisional application of the Protocol. 

Please accept, Sirs, the assurance of my highest consideration. 

For the Council of 
the European Union 

PROPOSAL FOR A 

COUNCIL REGULATION (EQ  N° 

94/02C9  (CSS) 

on the conclusion  of the Protocol  establishing  the fishing  possibilities  and  financial 
compensation  provided for in the Agreement between the European Community  and the 
Government of the Republic of Senegal on fishing off  the coast of Senegal 
for the period 2nd October 1994 -  1st October 1996 

THE COUNCIL  OF THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 

Article 43  thereof  in  conjunction  with  the  first  setence  of  Article  228  (2)  and  the  first 

subparagraph  of  Article  228 (3), 

Having  regard  to the proposal  from  the  Commission, 

Having  regard  to the opinion  of the European  Parliament0^ 

Whereas, pursuant to the Agreement between the European  Community  and the Government 
of the Republic  of  Senegal  on  fishing  off  the coast of  Senegal(2), the two parties  conducted 

negotiations  to  determine  the  amendments  or  additions to  be  made to the  Agreement  at the 

end  of  the  period  of  application  of the Protocol  annexed  thereto; 

Whereas, as a result of those negotiations, a new Protocol establishing the fishing  possibilities 
and financial  compensation  provided for  in the abovementioned  Agreement for the period 2nd 
October  1994 -  1st October  1996 was initialled  on  29th  September  1994. 

Whereas,  it  is in the  Community's  interest to  conclude  the new Protocol, 

Opinion delivered on 

(not yet published  in the Official  Journal). 

( 2)  OJ N° L 226, 29.8.1980, p.  17 

Whereas  it  is  necessary  to  define  the  obligation  for  landing  tuna  from  the  tuna  seiners 

foreseen  in the protocol  annexed to this regulation. 

HAS  ADOPTED THIS  REGULATION: 

Article 1 

The Protocol establishing the fishing  possibilities and financial  compensation provided for in 

the  Agreement  between  the European  Community  and the  Government  of  the Republic  of 
Senegal  on  fishing  off  the  coast  of  Senegal  for  the  period  2nd October  1994  -  1* October 

1996 is hereby  approved  on behalf  of the Community. 

The text  of the Protocol  is attached  to this Regulation. 

Article 2 

The  obligation  on  freezer  tuna seiners to  direct  landings  referred  to  in point  C under  (c) of 

the annex to the protocol  will  be fulfilled  by the Community  shipowners  in accordance with 

the following  scale. 

French  flagged  freezer  tuna seiners:  4.375 tonnes (35%) 

Spanish  flagged  freezer  tuna seiners:  8.125  tonnes  (65%) 

The  French  and  Spanish  authorities  should  take the  necessary  steps  in  order  to  ensure  that 

their  shipowners follow  the obligation  of  direct landings. 

The  Commission  can, in  consultation  with  the Member  States, revise the breakdown  of  the 

scale. 

Article 3 

The President of the Council is hereby authorized to designate the persons empowered to sign 

the  Protocol  in order  tobind  the  Community. 

Article 4 

This Regulation shall enter into force on the third day following  its publication in the Official 

Journal of the European  Communities. 

This Regulation  shall  binding in its entirety  and directly  applicable in all  Member States. 

Done at Brussels, 

For the Council 

The President 

8 

defining, for the period from 2 October 1994 to 1 October 1996, the fishing 
possibilities and financial compensation provided for in the Agreement 
between the Government of the Republic of'Senegal and the European 
Community on fishing off the coast of Senegal 

PROTOCOL 

Article 1 

From 2 October  1994,  for a period  of two years, the limits  referred  to in 
Article 4(2) of the Agreement shall be as follows: 

1. Trawlers  (inshore demersal fishing  for fish and cephalopods) not landing 
their  catch  in Senegal: 1 000 GRT/year, with  the option  of fishing with 
freezing  facilities  for 500 GRT. 

2. Ocean-going fish trawlers  (deep-water demersal species) not landing their 
catch  in  Senegal  and  fishing  for a period  of  four months : 4 000 GRT  in 
each  four-month  period,  with  the  option  of  fishing  with  freezing 
facilities  for 1 000 GRT. 

3. Freezer  trawlers  (inshore  demersal  fishing  for  fish  and  cephalopods) 

landing and selling part of their catch in Senegal: 1 000 GRT/year. 

4. Freezer  trawlers  (inshore  demersal  fishing  for  fish  and  cephalopods) 
landing  part  of  their  catch  in  Senegal  and  fishing  over  a  four-month 
period specified for each vessel in an overall fishing plan to be notified 
to the Senegalese Government by the Community every six months: 2 000 GRT 
in each four-month period. 

5. Ocean-going shrimp freezer trawlers  (demersal) not landing their catch in 

Senegal: 5 000 GRT/year. 

6.  Pole-and-line tuna vessels: 11 vessels. 

7. Freezer tuna seiners: 47 vessels. 

8. Surface longliners: 6 vessels. 

Article 2 

1. The  financial compensation  referred  to in Article  9 of the Agreement is 
hereby  fixed, for the period  referred to in Article  1, at ECU 15 800 000 
payable in two equal annual instalments. 

2. The  compensation  shall  be paid  into  the  account  of  Senegal's  Treasurer 

General. 

Article 3 

In addition, during the period referred to in Article  1, the Community shall 
contribute  the  sum of ECU 458 000 to the  financing  of Senegal's  scientific 
programmes intended to improve knowledge of fish stocks in Senegal's exclusive 
economic zone.  This sum shall be made available to the Centre de Recherches 
Océanographiques  de  Dakar-Thiaroye  (CRODT).  The  competent  authorities  in 
Senegal shall send  the Commission summary reports on the programmes  carried 
out. 

Article 4 

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

These awards may be used also in any other State linked to the Community by 
a  cooperation  agreement.  The  total  cost  of  the  awards  may  not  exceed 
ECU 230 000.  At  the  request  of  the  Senegalese  authorities, part  of  this 
amount may be converted to cover the cost of attending international meetings 
or  training  courses  in  the  fisheries  field,  and  for  the  organization  of 
seminars on fisheries matters in Senegal and as a contribution to the budget 
of regional cooperation bodies in the fisheries  field.  The amount shall be 
payable as and when it is used. 

Article 5 

The  Commission  shall  also  contribute  to  the  financing  of  the  following 
programmes: 

ECU 860 000  by  way  of  assistance  for  the  structures  responsible  for 
fisheries  surveillance  (PSPS); 

ECU 452 000 by way of institutional assistance  for the structures in the 
Ministry of Fisheries responsible  for monitoring and assessment; 

-  ECU 200 000 by way of assistance  for non-industrial  fishing. 

These  amounts  shall  be  made  available  to  the  structures  in  question.  The 
Senegalese  authorities  shall  communicate  the bank  accounts  to be  used  for 
these payments. 

Failure by the Community  to make the payments provided  for in Articles 2, 3 
and  5  of  this  Protocol  may  result  in  the  suspension  of  the  Fisheries 
Agreement. 

Article 6 

Annex I to the Agreement between the Government of the Republic of Senegal and 
the European Community on fishing off the coast of Senegal is hereby repealed 
and replaced by the Annex to this Protocol. 

Article 7 

This Protocol shall enter into force on the date of its signing. 

It shall apply with effect  from 2 October 1994. 

Article 8 

10 

ANNEX I 

CONDITIONS GOVERNING FISHING ACTIVITIES IN SENEGAL'S FISHING 
ZONE BY VESSELS FLYING THE FLAG OF A MEMBER STATE OF THE  COMMUNITY 

A.  APPLICATION  FOR AND ISSUE OF LICENCES 

1.1  The  relevant  Community  authorities  shall  present  to  the  Senegalese 
Ministry  responsible  for  sea  fisheries  an  application  in  respect  of 
each vessel wishing to fish under the Agreement. 

The application shall be made on the form provided for that purpose by 
the Government  of Senegal, a specimen of which  is at Appendix  1.  It 
shall be accompanied by,a tonnage certificate and proof of payment of 
the fee. 

1.2 

Fees shall include all national and local charges with the exception of 
port charges and the costs of services. 

After payment of the fee, the licence shall be signed and forwarded to 
the delegation of the Commission of the European Communities in Dakar. 

1.3 

The  period  of  validity  of  licences  and  the  rate  of  fees  shall  be 
determined on the basis of the following annual periods: 

-  first year: from 2 October 1994 to 1 October 1995 
-  second year: from 2 October 1995 to 1 October 1996 

Trawlers  fishing demersal  species may, within the limits laid down in 
points 2 and  4 of Article  1 of the  Protocol, obtain  special  licences 
valid  for four months. 

1.4 

The fees and advances  shall be for one year, except those referred  to 
in  point  1.3.  They  shall  be  set  in  accordance  with  the  following 
rates: 

A.  Fees  for trawlers 

1.  Trawlers  (inshore demersal  fishing  for fish and  cephalopods) not 

landing  their catch in Senegal: ECU 180 per GRT/year. 

2.  Ocean-going  fish  trawlers  (demersal) not  landing  their  catch  in 
Senegal  and  fishing  for  a  period  of  four  months:  ECU 35  per 
GRT/four months  for  wet  fish  trawlers  and  ECU 40  per  GRT/four 
months  for freezer trawlers. 

3.  Freezer  trawlers  (inshore  demersal  fishing  for  fish  and 
cephalopods) landing  and selling part of their catch in Senegal: 
ECU 140 per GRT/year. 

4.  Freezer  trawlers  (inshore  demersal  fishing  for  fish  and 
cephalopods)  landing  part  of  their  catch  in  Senegal  and  fishing 
over a four-month period specified  for each vessel in an overall 
fishing  plan  to be notified  to  the Senegalese  Government  by  the 
Community every six months: ECU 80 per GRT/four months. 

11 

5.  Ocean-going  shrimp  freezer trawlers  (demersal) not landing  their 

catch in Senegal: ECU 140 per GRT/year. 

B.  Fees for tuna vessels and longliners 

1.  Pole-and-line tuna vessels: ECU 8/tonne of fish caught in Senegal's 

fishing zone. 

2.  Freezer  tuna  seiners:  ECU 20/tonne  of  fish  caught  in  Senegal's 

fishing zone. 

3.  Surface  longliners:  ECU 46/tonne  of  fish  caught  in  Senegal's 

fishing zone. 

Licences  for vessels  as  referred  to in  B(2)  and  (3) shall be  issued 
following advance payment to the Receveur des Domaines of a lump sum of 
ECU 1 000  for  each  tuna  seiner  and  ECU 1 150  for  each  surface 
longliner,  which  corresponds  to  the  fees  for  50  and  25 tonnes 
respectively of fish per vessel per year. 

Upon receipt of the notification of payment of the advance sent by the 
Commission of the European Communities  to the Senegalese authorities, 
the latter  shall  enter  the vessel  in question  in  the list  of vessels 
authorized  to  fish  which  shall  be  sent  to  the  Senegalese  control 
authorities. A copy of the original of the licence may also be kept on 
board provisionally. 

The final statement of the fees due for the fishing year shall be drawn 
up at the end  of each calendar year by the Commission  of the European 
Communities on the basis of catch statements made by the shipowners for 
each vessel and confirmed by the Centre de Recherches Océanographiques 
The  statement  shall  be  forwarded 
de  Dakar-Thiaroye  (CRODT). 
simultaneously to the Senegalese authorities and the shipowners.  Each 
additional  payment,  if  any,  shall  be  made  by  the  shipowners  to  the 
Receveur des Domaines not later than 30 days following the notification 
of the final statement. 

However, where  the  sum due  as set  out in the  final  statement  is less 
than the advance, the shipowner will not be reimbursed the difference. 

1.5.  The  Senegalese  authorities  shall  communicate,  before  the  entry  into 
force  of  the  Agreement,  the  bank  account  to  be  used  for  payment  or 
transfer of the fees. 

B. STATEMENTS OF CATCH 

All  vessels  authorized  to  fish  in Senegalese  waters  under the Agreement 
shall be  required  to forward  to the Direction de l'Océanographie  et des 
Pêches Maritimes, with a copy to the delegation of the Commission of the 
European  Communities  in  Dakar,  a  statement  of  their  catch  made  out 
according to Appendices 2, 3, 4 and 5.  These statements must be presented 
after  each  voyage  in  the  case  of  wet  trawlers;  for  freezer  trawlers, 
monthly  catch  statements  must  be  forwarded  before  the  end  of  the month 
following  the vessel's return. 

Should  these  provisions  not  be  adhered  to,  the  Government  of  Senegal 
reserves  the  right  to suspend  the licence  of the offending  vessel until 
the  formality  has been  completed  and  to apply the  sanction provided  for 
under  Article  58  of  Senegal's  sea  fisheries  code.  In  this  case,  the 
delegation of the Commission of the European Communities at Dakar shall be 
informed. 

12 

C.  LANDING  OF  CATCH 

(a)  Freezer trawlers  (inshore demersal fishing) in category  3 shall land, 
for  local  market  prices,  200  kilograms  of  fish  and  shrimp  per  GRT 
every  half-year. 

These  landings may be made  individually  or  collectively. 

Any failure to comply with the requirements to land catches may incur 
the  following  sanctions  imposed  by  the  Senegalese  authorities : 

-  a  fine  of ECU  900  for each  tonne  not  landed; 

-  withdrawal without renewal of the licence of the vessel  concerned 

or of  another  vessel  belonging  to the  same  shipowner. 

In  order  to  ensure  payment  of  the  fine,  the  issuing  of  a  licence 
shall  be  subject  to  the  lodging  in  Senegal  of  a banker's  guarantee 
of ECU  200 per  GRT  for every  half-year. 

The Senegalese  authorities  shall  release  this  security  as soon as a 
vessel  has met  its  landing  requirements  in  full. 

(b)  In the case of pole-and-line tuna vessels, the target set by the two 
Parties  shall  be  to  land  at  least  3 500  tonnes  of  tuna  a  year  in 
Senegalese  ports  at  the  international  price  applicable. 
If,  during  the  fishing  year,  total  landings  by  the  fleet  concerned 
fall  short  of this minimum quantity  as a  result  of an  unforeseeable 
change in the state of fish stocks or the structure of the fleet, the 
two Parties shall enter into consultations without delay in order to 
establish  the  appropriate  action  to  achieve  the  said  quantity  and 
ensure  its  implementation. 

(c)  Freezer  tuna  seiners  shall land  12 500  tonnes  of tuna  a year at  the 
prevailing international price and in accordance with a programme to 
be  established  by  agreement  between  Community  shipowners  and 
Senegalese  canners.  In  the  event  of disagreement  on  the  timetable 
for  landings,  the  Joint  Committee  referred  to  in Article  11  of  the 
Agreement  shall  hold  a  special  meeting  at  the  request  of  either  of 
, the  Parties. 

D.  SIGNING-ON  OF  SEAMEN 

1.  Trawlers  and longliners  authorized  to  fish in Senegalese waters  under  the 
Agreement  shall  be  required  to  take  on  33%  of  their  crew  from  among 
Senegalese  seamen. 
This  percentage  shall  include  the  observer  or 
seaman/observer  referred  to at point  H. 

If  the  vessel  holds  a  valid  fishing  licence  issued  by  another  country  in 
the  subregion  (Mauritania,  Gambia,  Guinea-Bissau  or  Guinea),  it  shall  be 
required  to take  on board  a number of Senegalese  seamen  equivalent  to 33% 
of the  non-officer  crew assigned  to  sail  the vessel. 

2.  In  the  case  of  freezer  tuna  seiners, the number  of  seamen  to be  taken  on 
board  shall be established  globally  on the basis  of the scale  of  activity 
in Senegal's  fishing  zone and the employment  of crew  from other  countries 
whose  fisheries  are  frequented  by  that  fleet. 

3.  Before licences are issued, the salary of these seamen shall be determined 
by  common  accord  between  the  shipowners  or  their  representatives  and  the 
Ministry  responsible  for  the  merchant  navy. 
It  shall  be  paid  by  the 
shipowners  and  shall include the social  security applicable to the  seaman 
(e.g.  life, accident  and  sickness  insurance). 

13 

E.  S  IAL EQUIPMENT AND SUPPLIES AND SERVICES 

Wh 
se 
ma 

ver  possible,  Community  vessels  shall  procure  the  supplies  and 
ces  they  require,  including  dry  dock  facilities  and  regular 
enance, in Senegal. 

F.  |  ING ZONES 

1. We  :rawlers  (inshore  demersal  fishing)  of  less  than  300 GRT  shall  be 

an 

rized to fish: 

(a 

(b 

(c 

from  six  nautical  miles  off  the  baselines  between  the 
Cape 
and 
Senegal-Mauritania 
Manuel  (14°36'00"N); 

latitude 

border 

the 

of 

from seven nautical miles off the baselines between the latitude of 
Cape Manuel  (14°36'00"N) and the northern Senegal-Gambia border; 

from  six  nautical  miles  off  the  baselines  between  the  southern 
Senegal-Gambia border and the Senegal-Guinea  Bissau border. 

2. We 

rawlers  (inshore demersal fishing) of more than 300 GRT and  freezer 
tr  ers  (inshore  demersal  fishing)  shall  be  authorized  to  fish  beyond 
12  utical  miles  from  the  baselines  of  the  waters  under  Senegal's 
ju  diction. 

3. Oc  -going trawlers  for demersal species shall be authorized  to fish: 

(a 

from  12  nautical  miles  off  the  baselines  between  the 
Senegal-Mauritania border and latitude 15°00'N; 

'b 

from six nautical miles off the baselines between latitude 15°00'N 

and tJ  Latitude of Portudal  (14°27»00"N); 

(c 

(d 

from  25  nautical  miles  off  the  baselines  between  the  latitude  of 
Portudal  (14°27'00"N) and the northern Senegal-Gambia border; 

from  35  nautical  miles  off  the  baselines  between  the  southern 
Senegal-Gambia border and the Senegal-Guinea  Bissau border. 

4. Po  and-line tuna vessels and freezer tuna seiners shall be authorized to 

fi  for bait and tuna in all waters under Senegal's  jurisdiction. 

5. Su  ce longliners  shall be authorized  to drop their lines: 

(a 

(b 

(c 

from  15  nautical  miles  off  the  baselines  between  the 
Senegal-Mauritania border and the latitude of Portudal  (14°27'00"N); 

from  25  nautical  miles  off  the baselines  between  the  latitude  of 
Portudal  (14°27'00"N) and the northern Senegal-Gambia border; 

from  25  nautical  miles  off  the  baselines  between  the  southern 
Senegal-Gambia border and the Senegal-Guinea Bissau border. 

6.  Fo  afety reasons  fishing activities and anchoring and casting shall be 

fo  dden in the area defined by the following coordinates : 

A 
B 
C 
D 
E 
F 
G 
H 
I 
J 

14°40'00N  -  G = 017°43,30W 
14°40'00N  -  G = 017°30,50W 
14°40'65N  -  G = 017°28,22W 
14°40'60N  -  G = 017°28,17W 
14°39'08N  -  G = 017°26,20W 
14°39'00N  -  G = 017°25,90W 
14°39'78N  -  G = 017°24,05W 
14°39'78N  -  G = 017*23,95W 
14°30'00N  -  G = 017°23,90W 
14°30'00N  -  G = 017°43,30W 

G. RA 

COMMUNICATIONS 

Th  aptain shall  authorize  the observer  to contact  the PSPS  (Projet de 
Pr  stion et Surveillance des Pêches du Sénégal) by radio twice per week. 

14 

H.  OBSERVERS 

1.  (a)  When  fishing  in  Senegal's  waters,  all  Community  trawlers  and 
longliners  of more  than  300 GRT  shall accept on board  an  observer 
designated  by  Senegal.  The  captain  shall  facilitate  the  work  of 
the observer, who shall enjoy all the respect owed to the  officers 
of  the vessel  concerned. 

(b)  The Senegal authorities  shall communicate to the Commission of the 
European  Communities  the names  of  the designated  observers. 

(c)  Subject to the restrictions  imposed by the vessel, observers  shall 
be  provided  with  board  and  accommodation  at  the  shipowner's 
expense.  Their meals shall be served in the officer's messroom and 
they shall be  accommodated  in the areas provided  for the  officers 
or,  if  this  is  impossible,  in  a  living  area  distinct  from  that 
provided  for the  crew. 

2.  (a)  Trawlers  and  longliners  of  less  than  300  GRT  shall  take  on  board 
a  seaman  designated  by  Senegal  who  shall  act  as  seaman/observer. 

(b)  In the  case  of  freezer  tuna  seiners, one of  the  Senegalese  seamen 

on board  may  be  designated  seaman/observer. 

(c)  Captains  shall  facilitate the work of the seamen/observers  that is 
additional  to  actual  fishing  operations.  Seamen/observers  shall 
receive  the  normal  seaman's  rate  of pay  from  the  shipowner. 

3.  Owners of trawlers or longliners  shall make a flat-rate payment  to 
the  PSPS  of  ECU  10  for  seamen/observers  and  ECU  20  for  observers 
for  each  day  spent  on  board. 

4.  In  principle  the  observer  shall  be  taken  on  board  for  a  maximum 
period  of 60 days.  This period may be extended where the duration 
of a voyage by  the vessel  on which  the observer  is  taken  on  board 
exceeds  that  period. 

In  such  case,  the  observer  shall  leave  the  vessel  on  its  return. 
A  deposit  equivalent  to  60 days'  activity  at  sea  shall  be  lodged 
before the boarding of the observer or seaman/observer.  Settlement 
is  to be made  after  each  voyage. 

5.  The  taking  on  board  and  disembarkation  of  observers  shall  not 
interrupt  or  hinder  fishing  operations.  Observers  may  therefore 
be taken on board and/or leave the vessel in a port elsewhere  than 
in  Senegal  provided  that  their  travel  and  other  expenses  are 
reimbursed  by  the  shipowner. 

The  deposit  equivalent  to  60  days'  activity  at  sea  is  to  be 
considered  an advance  on the payment  of the observer's  allowance. 
The  latter  shall  be  paid  after  the  observer  has  left  the  vessel. 
A  final  statement  of advances made  shall be drawn up at the end of 
the  calendar  year. 

I.  MINIMUM AUTHORIZED  MESH 

The  minimum  mesh  sizes  for  authorized  industrial  fishing  gear  are  as 
follows  (mesh  opening) : 

purse  seines  with  live bait:  16 mm 
standard  otter  trawls  (fish or  cephalopods):  65  mm 
standard  otter  trawls  (black  hake):  60 mm 
deep-sea  shrimp  trawls:  40 mm 

In  the  case  of  tuna,  the  international  standards  recommended  by  the 
ICCAT  are  to be  applied. 

15 

ARDING 

e delegation of the Commission of the European Communities in Dakar 
all  be  notified  within  48  hours  of  the  arrival  at  the  Marine 
tionale base of the boarding of any  fishing vessel  flying the flag 
a  Member  State  of  the  Community  fishing  under  the  Fisheries 
reement between Senegal and the Community, and of the circumstances 
d reasons leading to such boarding. 

16 

Appendix  1 

REPUBLIC OF  SENEGAL 

MINISTRY  RESPONSIBLE  FOR  MARITIME  FISHING 

DIRECTORATE  OF  OCEANOGRAPHY 
AND  MARITIME  FISHING 

APPLICATION 
FORM FOR A  :. 
FISHING LICENCE 

For official  use only 

Remarks 

Nationality: 

Licence No: 

, 

Date of  signing: 

Date of  issue: 

17 

LICANT 

ie of 

firm: 

, 

iber and date  of  authorization  of the  company: 

ie  register No  (*): 

;  name and  surname of  applicant: 

:  and place of  birth: 

„....:*......., 

upation: 

, 

aber of  levy  payer's account  (*): 

Iress: 

of  employees  (*): 

Permanent  (* ): 

Temporary  (*): 

ne and  address of  co-signatory: 

mal  turnover  figure  (*): 

SSEL 

pe of  vessel: 

w  name: 

te and place of  construction  (*): 

iginal  nationality: 

te of  assumption  of Senegalese  flag  (*): 

Registration  No: 

Former  name: 

^visional 

ngth: 

Period granted 

Beam: 

Permanent 

Hold: 

oss tonnage: 

Net  tonnage:  ....'....... 

: 

'pe of  building  materials: 

Draught: 

ake of  main engine: 

Type: 

Ratings: 

opeller: 

ransit speed: 

all  sign: 

Fixed  LJ 

Variable  LJ 

Ducted 

• 

Call  frequency: 

1ST OF NAVIGATION,  SOUNDING  AND  TRANSMISSION  INSTRUMENTS 

Radar  LJ 

itellitc  navigation  LJ 

Automatic  pilot  Q 

Route plotter  LJ 

>ther: 

') Optional for foreign vessels. 

Sonar  LJ 

Netsonde  LJ 

Scanmar  CI 

VHF  radio 

• 

HF,  BLU  radio  D 

Telex  D 

18 

CONSERVATION 

Packed  in ice  LJ 

Ice  +  refrigeration  LJ 

Freezing  in brine  D 

Dry  Q 

Refrigerated  sea  water  LJ 

Total  refrigerating  power: 

Freezing capacity  in  tonnes/24  hours: 

. 

Hold capacity: 

TYPE OF FISHING 

A.  Inshore demersal 

Shrimp  LJ 

Fish  and cephalopod  LJ 

Type  of  fishing  gear: 

Fish  LJ 

Shrimps  LJ 

Long  line  fishing  LJ 

1.  Length of  trawl: 

Headline: 

Mesh  size in the body: 

In the wings: 

2.  Length  of  line: 

Number of  hooks: 

Number  of  lines: 

Size of  hooks:  .... 

B.  Deep-sea  demersal 

Shrimp  LJ 

Fish  LJ 

Type of fishing gear: 

Shrimp  LJ 

Fish  LJ 

Long  line  fishing  LJ 

1.  Length  of  trawl: 

Headline: 

Mesh  size  in the  body: 

In the  wings: 

2.  Length  of  line: 

Number of  hooks: 

Number of  lines: 

Size of  hooks: 

C.  Inshore pelagic 

Pelagic trawler  LJ 

1.  Length  of  trawl: 

Mesh size in the body: 

Seine  LJ 

Headline: 

2.  Length of  seine: 

Depth of  seine: 

Mesh dimension  (drawn): 

: 

19 

D.  Deep sea  pelagic  (tuna) 

Type  of  fishing gear: 

Seine  LJ 

Pole  and  line  LJ 

Long line  LJ 

1.  Length of  seine: 

Depth  of  seine: 

Mesh  dimension  (drawn): 

2.  Number of  poles and lines: 

'. 

3.  Long line 

Length of  lines: 

Number of  lines: 

Number of  pots: 

E.  Longlines and pots 

Number of  hooks: 

Size of  hooks: 

Capacity  in tonnes: 

Number of  pots: 

Material: 

Length (base diameter): 

Width (upper diameter): 

Diameter of  openings: 

Method of  cover: 

Mesh (cover): 

SHORE  INSTALLATIONS (*) 

Address and permit No: 

, 

., 

Name of  firm: 

Activities: 

. 

Domestic wholesale fish trade  O 

Export  D 

Type and No of whole» alt trader's card: 

Description of processing and conservation plant: 

No of employees: 

Senegalese:' 

Permanent: 

Foreigners: 

Temporary: 

(*)  Optional  for  foreign  vessels. 

20 

Technical  remarks of  the Director  of  Fisheries 

Authorization  of  the State Secretariat  for  Animal  Resources 

21 

Appendix  2 

STATEMENT OF CATCH MADE BY VESSELS USING LONG LINES AND POTS 

NAME OF VESSEL: 

TYPE OF FISHING (long lines or pots): 

SPACING OF CATCH EQUIPMENT 
(Hooks or pots): 

Date of drops 

No of 
hooks 
or 
pou 

Time of 
drop 

Time of 
raising 

Average 
position 

Depth 

Species (circle those thrown  back) 

Start 

End 

Start 

End 

Lat. 

Long. 

Start 

End 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

10 
to 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

-

Appendix  3 

STATEMENT  OF CATCH  BY BOTTOM  TRAWLERS 

to: 

Voyage  from: 

NAME  OF VESSEL: 

TYPE: Wet or  freezer 

NATIONALITY: 

Species 

Dates 

-

-

. 

• I 

Fishing  zone (*) 

Sounder 

Time  of  fishing 

Total  weight  of  catch 

Total  weight  thrown  back 

(')  Dakar North,  Petite-Côte or  Casamance. 

23 

Appendix 4 

STATEMENT OF CATCH BY TUNA VESSELS 

Voyage from: 

NAME OF VESSEL: 

TYPE: Pole and line or seine 

NATIONALITY: 

to: 

» 

Catch from Senegal's economic zone 

(in  tonnes) 

Species 

Tonnage 
landed 

Tonnage 
not  landed 

Thrown  back 

Total 

Alabacore 

Skipjack 

Bigeyc 

Thunnidae  +  Bonko 

Other species 

Total 

24 

APPENDIX  5: 

STATEMENT OF CATCH FOR TUNA  SEINERS 

One line par haut whether yielding a catch or not Enter crosses under INDICATORS and HAUL Thank you. 

DEPARTURE 

Port 
Date 
Time 

ARRIVAL 

Port 
Date 
Time 

LOCH 
Departure: 
Arrival: 

VESSEL 

SKIPPER 

ISheetNo 

ESTIMATED CATCH 

INDICATORS 

COMMENTS 

WIND 

CURRENT 

POSITION 

At time of 
haul 
Otherwise at 
midday 

YELLOWFIN 

SKIPJACK 

BIGEYE 

ALBACORE 

OTHER SPECIES 

Route or search • Discards 
Type of shoal or wreckage 
Miscellaneous problems 
General weather conditions 

Size 

|  Tonnage 

Tonnage 

Size 

|  Tonnage 

Tonnage 

Tonnage 

FINANCIAL  STATEMENT 

1.  TITLE OP OPERATION  : New financial protocol  EC/SenegaI 

2.  BUDGET HEADING  INVOLVED  :  B7-800 

3.  LEGAL BASIS : Agreement  EC/SenegaI 

4.  DESCRIPTION  OF  OPERATION 

4 .1  Gênerai  objective  :  Protocol  and  annex  for  a  two-year  period 

4.2  Period  covered  and  arrangements  for  renewal  or  extension 
Arrangements' TÔTrwewâtTnegociation  before  the  end of  the  protocol 

5.  Classification  of  expenditure  or  revenue 

5.1  Convulsory/mmmmMXmX!* 

expenditure 

5.2  DifferentiatediMMMQggB^^ 

appropriations 

5.3  Type  of  revenue  involved 

6.  Type  of  expenditure  or  revenue 

-  1001  subsidy 
for 
-  Subsidy 

and/or  private 

joint 

financing  with  other 

sources 

in 

the 

public 

sector 

-  Interest 

subsidy 

-  Other:  financial  compensation  in  favor  of  a  third  country  for  fishing  opportunities 

given  by  this  third  country  and provided  in  the  protocol. 

-  Should  the  operation  prove  an  economic  success, 
for  all  or  part  of  the  Community  contribution 

is 

there 

provision 

to  be  reimbursed? 

-  Will 

the  proposed  operation 

cause  any  change 

in 

the 

level 

If  so,  what  sort  of  change  and  what  type  of  revenue 

revenue? 
involved? 

of 
is 

26 

7.  FINANCIAL IMPACT 

7.1  Method  of  calculating  total  cost  of  operation  (definition  of 

unit costs) 

7.2  Itemised breakdown of cost 

Breakdown 

Budget 
ir n 

_, 
| n + 1 
1995 

18.000.000 

ECU 

in current 
ecus(*) 

J_ 

| n + 5 and 
j subs, yrs 

TOTAL 

1996 

ECU 
, 
pn current! 
fecus  <*> 

-L 

J 

(*) payment in 2 installments 

State whether the amounts are expressed in current ecus or constant ecus 
(give base year). 

For  the preliminary  draft  budget,  fill  in only  the  columns  "budget  n" 
and "n • 1". 

7.3  Indicative schedule of appropriations 

7.3.1  Schedule for proposed new operation 

Commitment 
appropriations 

Payment 
appropriations 

1994 

n  •.  l 

1995 

n  •  5  and  subs.  yrs 

j 

TOTAL 

JL 

n 
1994 

I  n • I  | 
I 
I  1995 
+ 

8.000.000 
ECU 
in  current 
i  ecus 

I 
ji8.yyy.uuu 
jin  current 
I 
I 
JI8.UUU.UUU 
jin current 

ejfc£_ 

JSJL 

l —— 

I 

1 
n «• 5 and | TOTAL 
subs, yrs) 

I8.000.00q 
ECU 
jin currenti 

ecus 

*FW OLD. 
in current ecus 

!i8.uuu.uuu! 
in currenti 
I  ecus  | 

State whether the amounts are expressed  in current ecus or constant ecus 
(give base year). 

27 

ISSN 0254-1475 

COM(94) 514  final 

DOCUMENTS 

EN 

U 03 

Catalogue number : CB-CO-94-541-EN-C 

ISBN 92-77-82392-5 

Office for Official Ptiblicatioiis of the European Comnnmities 
1/2985 Luxembourg 

»'