Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning the interim extension of the Protocol to the Agreement between the European Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 2 October 1996 to 1 November 1996
Date: 1996-11-27
Institutions: European Commission
Subjects: Senegal, fishing agreement, fishing season, protocol to an agreement, ratification of an agreement

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 27.11.1996 
COM(96)611  final 

96/0287  (CNS) 

Proposal  for  a 

COUNCIL  DECISION 

on  the conclusion  of  an Agreement  in  the  form  of an 
exchange  of letters  concerning  the interim extension  of  the  Protocol 
to  the  Agreement  between  the  European  Community  and  the 
Government  of the  Republic  of Senegal  on fîshing off  the  coast  of Senegal 
for  the  period  from  2 October  1996  to  1 November  1996 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

The Protocol  to the EC-Senegal  Fisheries  Agreement  expires  on  1 October  this year.  An 
Agreement  has  been  concluded  in  the  form  of  an  exchange  of  letters  extending  on  an 
interim  basis  the  said  Protocol  to  the  Agreement  for  a month.  This  extension  is  needed 
so  that  negotiations  can  continue  without  any  suspension  of  fishing  by  Community 
vessels,  of  which  there  are over  60  in  Senegal's  exclusive  economic  zone. 

The  Commission  proposes  that  the  Council  decide  to  adopt  the  draft  Agreement  in  the 
form  of  an exchange  of  letters concerning  the  interim  extension  of  the Protocol  pending 
the  signing  of  a new  Protocol. 

Proposal  for  a 

COUNCIL  DECISION 

on  the  conclusion  of an Agreement  in  the  form  of  an 
exchange  of  letters  concerning  the  interim  extension  of  the  Protocol 
to the  Agreement  between  the  European  Community  and  the 
Government  of  the Republic  of Senegal  on  fishing  off  the  coast  of  Senegal 
for  the  period  from  2 October  1996  to  1 November  1996 

THE  COUNCIL  OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles  43  and  228(2)  and  (3), first  subparagraph,  thereof, 

Having  regard  to the proposal  from  the  Commission, 

Having  regard to the opinion  of  Parliament, 

Whereas the Community  and Senegal  have entered  into negotiations, in accordance with 
thé  second  paragraph  of  Article  17  of  the  Agreement  of  15  June  1979  between  the 
European  Community  and  Senegal  on  fishing  off  the  coast  of  Senegal,  in  order  to 
establish  the  arrangements  to  be  applied  after  1 October  1996,  the  date  on  which  the 
Protocol  to  the Agreement  expires; 

Whereas the two Parties agreed on 27 September  1996 to extend the said Protocol for an 
interim  period,  from  2 October  to  1 November  1996,  pending  the  outcome  of *the 
negotiations  referred  to above, 

HAS  DECIDED  AS FOLLOWS: 

Article 1 

The Agreement  in the form of an exchange of letters concerning the interim  extension of 
the  Protocol  to  the  Agreement  between  the  European  Community  and  the  Government 
of  the  Republic  of  Senegal  on  fishing  off  the  coast  of  Senegal  for  the  period  from 
2  October  1996 to  1 November  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 

For  the  Council 
The  President 

AGREEMENT 

in  (he  form  of  an 
exchange  of  letters  concerning  the  interim  extension  of  the  Protocol 
to  the  Agreement  between  the  European  Community  and  the 
Government  of  the  Republic  of  Senegal  on  fishing  off  the  coast  of  Senegal 
for  the  period  from  2  October  1996  to  1 November  1996 

A.  Letter  from  the  Community 

Sir, 

I have  the  honour  to  confirm  that  we  agree  to  the  following  interim  arrangements  for  the  extension  of  the 
Fisheries  Agreement  between  the  Government  of  the  Republic  of  Senegal  and  the  European  Community, 
pending  the  conclusion  of  the  negotiations  on the  amendments  to  be  made  to  the  Protocol  to  the  Fisheries 
Agreement. 

1. 

The arrangements applicable over the last two years shall  be extended  for  a period  from  2  October 
until  1 November  1996. 

For  the  interim  period,  the  financial  compensation  paid  by  the  Community  and  the  level  of  its 
contribution  to  the  financing  of  a  Senegalese  scientific  programme  and  the  programmes  provided 
for  in  Article  5  shall  be  determined  pro  rata  temporis  in  accordance  with  Articles  2,  3  and  5  of 
the  current  Protocol. 

The same principle of pro  rata  temporis  shall apply  to the arrangements  for  study awards  provided 
for  in  Article  4  of  the  Protocol. 

2. 

During  the  interim  period  licences  shall  be  issued  within  the  limits  laid  down  in  Article  1 of  the 
current  Protocol  on  payment  of  fees  or  advances  that  correspond  pro  rata  temporis  to  those  laid 
down  in  points  A  and  B  of  Annex  I  to  the  Protocol. 

The  payments  provided  for  in  point  1 shall  be  made  before  31  December  1996  in  the  same  way 
as  provided  for  in  the  initial  Protocol. 

I  should  be  obliged  if you  would  acknowledge  receipt  of this  letter  and  confirm  that  you  are  in  agreement 
with  its  contents. 

Please  accept,  Sir,  the  assurance  of  my  highest  consideration, 

On  behalf  of  the  Council  of  the  European  Union 

Letter  from  the  Government  of  Senegal 

Sirs, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today's  date  which  reads  as  follows: 

"I  have  the  honour  to  confirm  that  we  agree  to  the  following  interim  arrangements  for 
the  extension  of  the  Fisheries  Agreement  between  the  Government  of  the  Republic  of  Senegal  and  the 
European  Community,  pending  the  conclusion  of  the  negotiations  on  the  amendments  to  be  made  to  the 
Protocol  to  the  Fisheries  Agreement. 

1. 

The arrangements  applicable  over the last  two years shall  be extended  for  a period  from  2  October 
until  1 November  1996. 

3> 

For  the  interim  period,  the  financial  compensation  paid  by  the  Community  and  the  )"  el  of  its 
contribution  to  the  financing  of  a  Senegalese  scientific  programme  and  the  programmes  provided 
for  in  Article  5  shall  be  determined  pro  rata  temporis  in  accordance  with  Articles  2,  3 and  5 of 
the  current  Protocol. 

The  same  principle of pro  rata  temporis  shall apply  to the arrangements  for  study  awards  provided 
for  in  Article  4  of  the  Protocol. 

2. 

During  the  interim  period  licences  shall  be  issued  within  the  limits  laid  down  in  Article  1 of  the 
current  Protocol  on  payment  of  fees  or advances  that  correspond pro  rata  temporis  to  those  laid 
down  in  points  A  and B  of  Annex  I to  the  Protocol. 

The  payments  provided  for  in point  1 shall  be  made  before  31  December  1996  in  the  same  way 
as  provided  for  in  the  initial  Protocol. 

I should be  obliged  if you  would  acknowledge  receipt of  this letter and  confirm  that  you  are  in  agreement 
with  its  contents." 

I have the honour to confirm that the above is acceptable  to the Government  of  Senegal  and  that your  letter 
and  this  letter  constitute  an  agreement  in  accordance  with  your  proposal. 

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

For  the  Government  of  Senegal 

FINANCIAL  STATEMENT 

1. 

2. 

3. 

TITLE OF OPERATION: interim extension of the EC-Senegal  Financial  Protocol  for 
one  month. 

BUDGET HEADING INVOLVED:  B7-800 

LEGAL BASIS:  Article 43  and Article  228(2)  and (3), first  subparagraph, of the 

Treaty 

EC-Senegal  Fisheries  Agreement  (OJ  L  226,  29.8.1980,  p.  17) 

4. 

DESCRIPTION  OF OPERATION 

4.1 

4.2. 

GENERAL  OBJECTIVE! extend by  one  month  the  current Protocol,  which  expires 
on  1 October. 

PERIOD  COVERED  AND  ARRANGEMENTS  FOR  RENEWAL  OR  EXTENSION: 
Period:  2  October  to  1 November  1996 

Arrangements  for  renewal:  negotiations  before  expiry  of  extended  protocol 

5. 

CLASSIFICATION  OF  EXPENDITURE  OR  REVENUE: 

5.1 

Compulsory  expenditure 

5.2 

Differentiated  appropriations 

S3 

Type  of  revenue  involved 

6. 

T Y PE  OF  EXPENDITURE 

Other: financial  compensation  for  a non-member  country  in  return for the 
fishing  opportunities  accorded  and  set  out  in  the  Protocol 

7. 

FINANCIAL  IMPACT 

7.1 

M E T H OD  OF  CALCULATING  TOTAL  COST  OF  OPERATION  (DEFINITION  OF  UNIT 

COSTS) 
See  annex  to  Protocol 

7.2 

Itemised  breakdown  of  cost 

Breakdown 

Art.  2  Protocol 
Art.  3  Protocol 
Art.  4  Protocol 
Art.  5  Protocol 

Budget 
year  1996 

658 333 
19 083 
9 584 
63 000 

TOTAL 

750 000 

(ECU at current values) 

n+  1 

n +2 

TOTAL 

658 333 
19 083 
9 584 
63 000 

750 000 

7.3 

Schedule  for  proposed  new  operation 

1996 

1997 

1998 

750 000 

TOTAL 

750 000 

750 000 

750 000 

Commitment 
appropriations 

Payment 
appropriations 

1996 

1997 

1998 

T O T AL 

750 000 

750 000 

8. 

FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN 

Since  this  is  a  payment  for  services  rendered  (i.e.  fishing  rights),  the  financial 
compensation  paid  by  the  Community  will  be  used  by  the  authorities  of  the  country 
concerned  as they wish, apart from  reports to be submitted to the Community  on the use 
of  certain  funds  (for  the  scientific  programme)  as provided  for  in  the  Agreement. 

Furthermore, the Member  States must certify  to  the Community  that  the information  on 
the  vessels'  tonnage  certificates  is  correct  so  that  the  amount  of  the  financial 
compensation calculated on this basis cannot be disputed.  For this reason, the Agreement 
also  provides  for  catch  declarations  by  Community  vessels. 

9. 

ELEMENTS OF COST-EFFECTIVENESS ANALYSIS 

The  extension  of  one  month  is necessary  because  it  will  allow  negotiations  to  continue 
without  penalizing  the  Community  fleet,  which  will  be  able  to  continue  fishing  in 
Senegal's EEZ  for  one month, so  avoiding the immobilization  of  dozens of  vessels with 
all  that  would  entail.  The  extension  will  also  enable  some  vessels  affected  by  the 
biological  resting  period  in Mauritanian  waters to  fish  off  Senegal  in  the  meantime. 

G 

In  addition  to  the  direct  commercial  value  of  the  catches,  the  Agreement  offers  the 
following  advantages: 

guarantee  of  employment  on  board  the fishing  vessels; 
knock-on  benefits  in the form  of jobs in the ports, fish  auctions, processing plant, 
naval  yards  and  service  industries  in the areas  concerned; 
these jobs  are in  areas where there  are no  alternatives  to  fishing; 
a  supply  of  fish  products  to the Community  market. 

Naturally,  quite  apart  from  these  benefits,  we  should  not  forget  the  importance  of  our 
relations with  Senegal  in the political  as well  as the fisheries  sphere. 

The one-month extension will make it possible to continue negotiations on the conclusion 
of  a new agreement  without  any  suspension  of  fishing  activities. 

10. 

ADMINISTRATIVE  EXPENDITURE  (PART  A  OF  THE  BUDGET) 

No  impact  on  administrative  expenditure 

> 

ISSN 0254-1475 

COM(96)611 final 

DOCUMENTS 

EN 

11  03  01 

Catalogue  number  :  CB-CO-96-610-EN-C 

ISBN 92-78-11859-1 

Office  for Official  Publications of the European  Communities 

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