Proposal for a Council Regulation (EC) on conclusion of the Protocol establishing, for the period from 1 May 1997 to 30 April 2001, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal
Date: 1997-06-25
Institutions: European Commission
Subjects: Senegal, financial equalisation, fishing agreement, fishing licence, fishing rights, inshore fishing

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.06.1997 
COM(97) 324  final 

97/0179 (CNS) 

Proposal for a 

COUNCIL DECISION 

on conclusion of the agreement in the form of an exchange of letters concerning the 

provisional application of the Protocol establishing, for the period from 1 May 1997 to 

30 April 2001, the fishing rights 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 

Proposal for a 

COUNCIL REGULATION (EC) 

on conclusion of the Protocol establishing, for the period from 1  May 1997 to 30 April 

2001, the fishing rights and financial compensation provided for in the Agreement 

between the European Economic Community and the Government of the Republic of 

Senegal on fishing off the coast of Senegal 

(presented by the Commission) 

EXPLAN A TORY MEMORANDUM 

The Protocol to the EC-Senegal fisheries agreement lapsed on 1 January 1996. A new one was 

initialled on 26 March  1996, setting out the technical  and financial  rules  for  fishing  by EC 

vessels off the Senegalese coast for the period 1 May 1997 to 30 April 2001. 

Accordingly, the Commission is proposing that the Council: 

adopt, by decision, the draft  agreement in the form of an exchange of letters applying 

the new protocol temporarily pending its definitive entry into force; 

adopt, by regulation, the protocol apportioning rights and setting out the technical and 

financial  conditions  governing  fishing  activities by EC vessels  for  the period  1 May 

1997 to 30 April 2001. 

The Commission will submit a transfer request to the budgetary authority to release payment 

of the first instalment, due on 31 July  1997. In line with the joint declaration on the  subject, 

the  Commission  will  keep  the budgetary  authority  better  informed  of  developments  in  the 

situation. 

z 

PROPOSAL FOR A 

COUNCIL DECISION 

on conclusion of the agreement in the form of an exchange of letters concerning the 

provisional application of the Protocol establishing, for the period from 1 May 1997 to 

30 April 2001, the fishing rights and financial compensation provided for in the 

Agreement between the European Community and the Government of the Republic of 

Senegal on fishing oftthe coast of Senegal. 

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 
Senegalese  Government  on  fishing  off  the  coast  of  Senegal,1  and  in  particular  Article  17 

thereof, 

Having regard to the proposal from the Commission, 

Whereas the Community and Senegal conducted netotiations to determine the amendments or 

additions to be made to the Agreement at the end of the period of application of the Protocol; 

Whereas, as a result of these negotiations, a new Protocol was initialled on 26 March 1997; 

Whereas the Protocol  enables Community vessels to fish in the waters under the sovereignty 

or jurisdiction of Senegal for the period 1  May 1997 to 30 April 2001; 

1 

OJ L 226, 29.8.1980, p.7 

^ 

Whereas the new Protocol  must  come  into  force  as soon  as possible  to  enable  Community 

vessels to resume fishing; whereas both parties therefore  initialled  an Agreement  in the form 

of an exchange of letters, temporarily  applying the Protocol  from  1 May  1997; whereas the 

Agreement  in the  form  of  an  exchange  of  letters needs  to  be concluded,  subject  to  a final 

decision under Article 43 of the Treaty; 

Whereas  the  formula  for  apportioning  trawler  and  tuna  fishing  opportunities  between  the 

Member  States  should  be  established,  on  the  basis  of  the  traditional  allocation  under  the 

fisheries agreement; 

Whereas point C of Annex 1  requires Community shipowners to land tuna catches in Senegal 

at their own expense; whereas this requirement needs to be clarified  by setting a formula  for 

apportioning direct landings by freezer tuna seiners, 

HAS DECIDED. AS FOLLOWS: 

' • ' • •" 

' 

Article one 

. 

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

the Protocol establishing, for the period from 1  May 1997 to 30 April 2001, the fishing rights 

and financial compensation provided for by the Agreement between the European Community 

and the Government of the Republic of Senegal on fishing off the coast of Senegal is hereby 

approved on behalf of the Community.. 

The text of the Agreement is attached to this Decision. 

V.H 

Article 2 

The trawler and tuna fishing rights laid down in Article 1  of the Protocol shall be apportioned 

between the Member States as follows: 

Category 1 : 

331 GRT  Greece 

Category 2 :  3 750 GRT 

Spain 

Category 3 :  1  800 GRT 

800  Italy 

1 000  Spain 

Category 4: 

4 119 GRT 

3 749  Spain 

370 Portugal 

Category 5 :  5 Spain, 

7 France 

Category 6 :  23 Spain, 

18 France 

Category 7 :  20 Spain, 

3 Portugal 

Article 3 

The percentage of the catch that the owners of Community tuna seiners are required to land 

direct in accordance with point C of the Annex to the Protocol shall be as follows: 

vessels flying the French flag: 

vessels flying the Spanish flag: 

44% 

56% 

j" 

Article 4 

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 

£ 

AGREEMENT 

IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE 
PROVISIONAL APPLICATION OF THE PROTOCOL ESTABLISHING, FOR 
THE PERIOD FROM 1 MAY 1997 TO 30 APRIL 2001, THE FISHING RIGHTS 
AND FINANCIAL COMPENSATION PROVIDED FOR IN THE AGREEMENT 
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE 
GOVERNMENT OF THE REPUBLIC OF SENEGAL ON FISHING OFF THE 
COAST OF SENEGAL 

A. Letter from the Government of Senegal 

Sirs, 

With reference to the Protocol initialled on 26 March 1997 establishing fishing rights and 
financial  compensation  for  the period from 1 May  1997 to  30 April  2001, 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  1 May  1997, pending  its  entry  into  force  in 
accordance with Article 8 of the said Protocol, provided that the European Community is 
disposed to do the same. 

This  is  on  the  understanding  that  a  first  instalment  equal  to  25  %  of  the financial 
compensation specified in Article 3 of the Protocol is paid by 31 July 1997. 

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

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

For the Government of the Republic of Senegal 

1 

1  B. Letter from the Community 

Sirs, 

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

"With reference  to  the Protocol  initialled  on 26  March  1997  establishing fishing rights 
and financial compensation for the period from 1 May  1997 to 30 April 2001,1 have the 
honour to inform you that the Government of Senegal  is prepared to apply the Protocol 
on  a  provisional  basis  with  effect  from  1 May  1997,  pending  its  entry  into  force  in 
accordance with Article 8 of the said Protocol, provided that the European Community is 
disposed to do the same. 

' 

This  is  on  the  understanding  that  a  first  instalment  equal  to  25  %  of  the financial 
compensation specified in Article 3 of the Protocol is paid by 31 July 1997. 

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

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

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

On behalf of the Council of the European Union 

P 

Proposal for a 

COUNCIL REGULATION (EC) 

S T)  OO ^9  C C A /O 

on conclusion of the Protocol establishing, for the period from l  May 1997 to 30 April 

2001, the fishing rights and financial compensation provided for in the Agreement 

between the European Economic Community and the Government of the Republic of 

Senegal on fishing off the coast of Senegal. 

THE COUNCIL OF THE EUROPEAN UNION, 

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

43 in conjunction with Article 228(2) and the first subparagraph of Article 228(3) thereof, 

F wing regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas, pursuant  to  the  Agreement  between the European  Economic  Community  and the 

Government of the Republic of Senegal on fishing  off the coast of Senegal,  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; 

Whereas, as a result of those negotiations, a new Protocol establishing the fishing rights and 

Tnancial compensation provided for in the abovementioned Agreement for the period  l  May 

1997 to 30 April 2001 was initialled on 26 March 1997; 

Whereas it is in the Community's interest to approve the new Protocol; 

2 
3 
4 

OJN°C 
Opinion delivered on  (not yet published in Official Journal) 
OJN°L 226,29.8.1980, p. 17 

Whereas  the  formula  for  apportioning  trawler  and  tuna fishing opportunities  between  the 

Member  States  should  be  established  on  the  basis  of  the  traditional  allocation  under  the 

fisheries  agreement; 

Whereas point C of Annex 1  requires Community shipowners to land tuna catches in Senegal 

at their own expense; whereas this requirement needs to be clarified  by setting a formula  for 

apportioning direct landings by freezer tuna seiners, 

HAS ADOPTED THIS REGULATION : 

Article one 

The Protocol establishing, for the period from 1 May 1997 to 30 April 2001, the fishing rights 

and financial compensation provided  for in the Agreement between the European  Economic 

Community  and  the  Government  of  the  Repbulic  of  Senegal  on  fishing  off  the  coast  of 

Senegal is hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Regulation. 

>7o 

Article 2 

The trawler and tuna fishing rights laid down in Article 1  of the Protocol shall be apportioned 

between the Member States as follows: 

Category 1 : 

331 GRT  Greece 

Category 2:  3 750 GRT 

Spain 

Category 3 :  1  800 GRT 

800  Italy 

1 000  Spain 

Category 4: 

4 119 GRT 

3 749  Spain 

370  Portugal 

Category 5 :  5 Spain, 

7 France 

Category 6:  23 Spain, 

18 France 

Category 7 :  20 Spain, 

3 Portugal 

Article 3 

The percentage of the catch that  owners of Community freezer tuna trawlers  are obliged to 

land directly in accordance with point C of the Annex to the Protocol shall be as follows: 

vessels flying the French flag 

44% 

vessels flying the Spanish 

flag 

56% 

Article 4 

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

the Protocol in order to bind the Community. 

-il 

Article 5 

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

Official  Joumal of the European Communities. 

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

Done at Brussels, 

For the Council 

The President 

4z, 

PROTOCOL 

establishing, for the period from 1 May 1997 to 30 April 2001, the fishing rights and 
financial compensation provided for in the Agreement between the European 
Economic Community and the Government of the Republic of Senegal on fishing off 
the coast of Senegal 

Article 1 

From 1  May 1997, for a period of four years, the limits referred to in Article 4 (2) of the 
Agreement shall be as follows: 

1) 

2) 

trawlers  (inshore  demersal fishing for  fish  and  cephalopods)  not  landing  their 
catch in Senegal: 331 GRT, with the option of fishing with freezing facilities  for 
150 GRT - number of vessels: 3; 

ocean-going fish trawlers (deep-water demersal species) not landing their catch in 
Senegal: 3 750 GRT - number of vessels:  11; 

3) 

freezer 

trawlers  (inshore demersal fishing  for fish and cephalopods)  landing and 

selling part of their catch in Senegal: 1  800 GRT - number of vessels: 7; 

4) 

ocean-going freezer trawlers (deep-water demersal fishing for crustaceans, except 
lobster) not landing their catch in Senegal: 4119 GRT - number of vessels: 29; 

5) 

pole-and-line tuna vessels: 12 vessels; 

6) 

freezer 

tuna seiners: 41 vessels; 

7) 

8) 

surface longliners: 23 vessels. 

ocean-going freezer trawlers  (deep-water fishing): fleet of  22  vessels per  year, 
with six being able to fish simultaneously. 

The maximum catch of deep-sea fish shall be 25 000 tonnes per year. 

The total number of trawlers (demersal fishing) shall be 50. A maximum tolerance of 8% 
per category shall apply to this  figure. 

This provision may be altered by agreement between the two parties. 

41 

Article 2 

The duration of licences for each fishing category is set out in Annex I. A. 1.3  and Annex 
n.A.1.3. 

Article 3 

1. 

For the period referred to in Article 1 of this Protocol, the financial compensation 
referred  to  in  Article  9  of  the  Agreement  is  hereby  fixed  at  ECU  48  000  000, 
payable  in  four  equal  annual  instalments.  The  Senegalese  authorities  shall  be 
responsible  for determining  the use  made of  this compensation  and shall  notify 
the Commission by  13 April  1997 of the details of that use, using  as a basis the 
aims  of  sustainable  development  of  fishing,  including  non-industrial  fishing, 
listed  in  the  previous  Protocol  (financial  compensation  to  the  Treasury, 
knowledge of fish stocks, training, fisheries surveillance, institutional  assistance, 
special programme of action for fishing activities, etc.). 

2. 

The annual payments shall be made by 30 April of each year. The first instalment 
must be paid by 31 July 1997. 

Article 4 

Failure  by  the  Community  to  make  the  payments  provided  for  in  Article  3  of  this 
Protocol may result in the suspension of the Fisheries Agreement. 

Article 5 

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

Article 6 

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

It shall apply with effect from 1  May 1997. 

A  w 

'ANNEXI 

CONDITIONS GOVERNING FISHING ACTIVITIES IN SENEGAL'S FISHING 
ZONE BY VESSELS FLYING THE FLAG OF A MEMBER STATE OF THE 
COMMUNITY (EXCEPT DEEP-SEA TRAWLERS) 

Application for and issue of licences 

1.1.  The  relevant  Commumty  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. 

The application  shall be lodged with the appropriate departments  of  the 
Senegalese Ministry responsible  for  sea fisheries at least  20 days  before 
the starting date requested. 

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.  Duration of licences: 

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 1 May 1997 to 30 April 1998 

-  second year: from 1 May 1998 to 30 April 1999 

-  third year: from 1 May 1999 to 30 April 2000 

-  fourth year: from 1 May 2000 to 30 April 2001. 

Quarterly licences shall begin on 1 May, 1 August, 1 November and 1 
February of each year. 

Half-year licences shall begin on 1 May and 1 November of each year. 

Annual licences shall begin on 1 May of each year. 

Four-month licences shall begin on 1  May, 1 September and  1  January of 
each year. 

A? 

Within each one-year period: 

-  licences for inshore demersal fishing trawlers shall be issued for 6 or 12 
months; 

.. 

licences  for  deep-sea  demersal  fishing  trawlers  shall  be  issued  for  4 

- 
months; 

licences  for  deep-sea  demersal-fishing  freezer,  trawlers  fishing  for 

- 
crustaceans apart from lobster shall be issued for 3,6 or 12 months. 

Licences  for  tuna  fishing  and  for  surface  longliners  shall  be  one-year 
licences. 

1.4. 

The fees and advances 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, sums in ECU per GRT per year: 

first  year 
198 

second year 
218 

third year 
240 

fourth year 
264 

2.  ocean-going  fish  trawlers  (deep-water  demersal  species)  not 
landing their catch in Senegal, sums in ECU per GRT per four-
month period: 

first  year 

fresh  39 
frozen 44 

second year 
42 
48 

third year 
47 
53 

fourth year 

51 
59 

3.  freezer  trawlers  (inshore  demersal  fishing  for  fish  and 
cephalopods)  landing  part  of  their  catch  in  Senegal,  sums  in 
ECU per GRT per year: 

first  year 
154 

second year 
169 

third year 
186 

fourth year 
205 

4.  ocean-going freezer trawlers  (deep-water  demersal  fishing  for 
crustaceans,  except  lobster) not  landing their catch  in  Senegal, 
sums in ECU per GRT per year: 

first  year 
154 

second year 
169 

third year 
186 

fourth year 
205 

Fees  for  half-year  licences  shall  be  3%  higher  and  fees  for 
quarterly licences 5% higher. 

A G 

(b)  Fees for tuna vessels and longliners 

1.  Pole-and-line tuna vessels: ECU  10 per tonne  of fish caught  in 

Senegal's fishing zone. 

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

fishing  zone. 

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

fishing  zone. 

The  licences  referred  to  in  (b)(2)  and  (3)  shall  be  issued  following 
payment to the Receveur des Domaines  of a flat  rate of ECU  1 500  for 
each tuna seiner and ECU 1 150 for each surface longliner, equivalent to 
the fees for 50 and 25 tonnes respectively offish per vessel per year. 

Upon  receipt  of  the  notification  of  payment  of  the  Commission  of  the 
European  Communities'  advance to the Senegalese authorities, the  latter 
shall  enter the vessel in question on 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 de Dakar-Thiaroye (CRODT). The statement  shall be 
the 
forwarded  simultaneously 
shipowners.  Shipowners  must  make  any  additional  payment  due  to  the 
Receveur  des  Domaines within  30  days  of  notification  of  the  final 
statement. 

to'  the  Senegalese  authorities  and 

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 supply details of the bank account to be 
used  for payment or transfer  of the fees before the Agreement enters into 
force.  Payments  may  also  be  made  directly  to  Dakar's  Receveur des 
Domaines. 

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 in line with Appendices 2, 3, 4 and 5. 
These statements must be presented no later than the end of the month  following 
the  end  of  a  voyage,  and  a  copy  must  be  kept  on  board. 

m 

Should these provisions not be adhered to, the Government of Senegal reserves 
the right to suspend the licence of the offending vessel until formalities has been 
completed and to apply the penalty laid down in current Senegalese legislation. 
The Delegation of the Commission of the European Communities in Dakar shall 
be informed. 

C. 

Landing of catch 

(a) 

Freezer trawlers  (inshore  demersal fishing) in category  3  shall  land (at 
local market prices) 200 kilograms offish  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 from 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 of 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 prevailing international price. 

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  find  and  put  forward 
appropriate solutions to cover the shortfall. 

(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 
the  Parties. 
special  meeting 

request  of  either  of 

the 

at 

A<è 

D. 

Signing-on of seamen 

1. 

Trawlers and longliners authorized to fish in Senegalese waters under the 
r  Agreement  shall  be  required  to  take  on  enough  Senegalese  seamen  to 
make up 33% of their crew. This percentage shall include the observer or 
seaman/observer referred to in point J. 

The taking-on of Senegalese seamen must be confirmed by a certificate  of 
compliance issued by the Merchant Navy. 

All  individual  contracts  for  the recruitment  of  Senegalese  seamen  must 
comply with current Senegalese rules and regulations. 

Before licences are issued, the salary of these seamen shall be determined 
by mutual agreement 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 seamen, 
including  life  insurance, accident  and sickness  cover and IPRES (Institut 
de prévoyance retraite du Sénégal) contributions. 

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  and  pole-and-line  tuna  vessels,  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. 

£. 

Special equipment and supplies and services 

Wherever  possible,  Community  vessels  shall  procure  the  supplies  and  services 
they require, including dry dock facilities and regular maintenance, in Senegal.  • 

F. 

Technical  inspections 

1. 

Once a year, and whenever there is an alteration in tonnage or a change in 
fishing category  involving  the  use  of  different  fishing  gear,  Community 
trawlers  must  undergo  the  inspections  provided  for  in  current-rules  and 
regulations  at  the  port  of  Dakar.  Such  inspections  must  be  completed 
within 48 hours of the vessel's arrival in the port, provided the competent 
authorities have been notified in advance. 

2. 

.  Once the inspection has been completed, a certificate shall be issued to the 
captain of the vessel. The certificate must be kept on board at all times. 

/?  9 

3. 

4. 

5. 

The  purpose  of  the  technical  inspection  is  to  check  that  the  vessel's 
technical  characteristics  and  fishing  gear  are  in  order  and  that  the 
conditions  governing  the  recruitment  of  Senegalese  crew  are  complied 
with. Safety matters remain the exclusive responsibility of the authority of 
the flag state. 

Charges for technical inspections are payable by the shipowner, and shall 
be determined by the scale set by Senegal's rules and regulations.,They 
must be no higher than those usually paid by other vessels  for  the same 
services. 

Failure to comply with the provisions of points 1  and 2 above shall result 
in  the  automatic  suspension  of  the fishing licence  until  the  shipowner 
complies with his obligations. 

G. 

Fishing zones 

1.  Wet fish trawlers (inshore demersal fishing) of  150 GRT or less shall be 

authorized to  fish: 

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

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

(c)  from  six  nautical  miles  off  the  baselines  between  the  southern 

Senegal-Gambia border and the Senegal-Guinea Bissau border. 

2.  Wet fish trawlers (inshore demersal fishing) of more than  150 GRT and 
freezer trawlers  (inshore  demersal  fishing)  shall  be  authorized  to  fish 
beyond  12 nautical miles from the baselines of the waters under Senegal's 
jurisdiction. 

3. 

Ocean-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 

the latitude of Portudal (14°27'00"N); 

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

(d)  from  35  nautical  miles  off  the  baselines  between  the  southern 

Senegal-Gambia border and the Senegal-Guinea Bissau border. 

4. 

Pole-and-line tuna vessels and freezer tuna seiners shall be authorized  to 
fish  for bait and tuna in all waters under Senegal's jurisdiction. 

5. 

Surface longliners shall be authorized to drop their lines: 

2 o 

(a)  from  15  nautical  miles  off  the  baselines  between  the  Senegal-

Mauritania border and the latitude of Portudal (14°27'00"N); 

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

(c)  from  25  nautical  miles  off  the  baselines  between  the  southern 

Senegal-Gambia border and the Senegal-Guinea Bissau border. 

6. 

For  safety  reasons  fishing  activities  and  anchoring  and  casting  shall  be 
forbidden in the area defined by the following coordinates: 

A = L14°40';00";N-G 

17°45'00"W 

B = L14°40';00";N-G 

17°30'30"W 

C = L14°40';36";N-G 

17°28'12"W 

D = L 14° 39';00"; N - G 

17° 26'12"W 

E = L 14° 40';00"; N - G 

17° 24'00"W 

F = L 14° 30';00"; N - G 

17° 24'00"W 

G = L14°30';00";N-G 

17°45'00"W 

H. 

Biological  rest-period 

<• 

Every year, if required by the need to manage resources in a sustainable manner, 
the Senegalese  authorities may institute a ban on fishing applicable to all ocean 
going trawlers of the same category, without discrimination, for a specific  period 
not exceeding two months. 

The Commission shall be informed of the closure period at a meeting of the Joint 
Committee  referred  to  in  Article  11  of  the  Agreement,  and  must  be  given  a 
minimum  of  three  months'  notice.  Shipowners  shall  pay  no  dues  during  the 
biological rest-period. 

I. 

Radiocommunications 

The captain shall authorize the observer to contact the PSPS {Projet de Protection 
et Surveillance des Pêches du Sénégal) whenever necessary. 

J. 

Observers 

1.  a)  When fishing in Senegal's waters, all Community trawlers and longliners 
of more than  150 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 Senegalese authorities shall communicate to the Commission  of the 

European Communities the names of the designated observers. 

2^ 

c)  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 150 GRT or less shall take on board a seaman 

designated by Senegal who shall act as seaman/observer. 

b)  In  the  case  o.f freezer tuna  seiners,  one  of  the  Senegalese  seamen  on 

board shall be designated seaman/observer. 

c)  The  captain  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  12  for  seamen/observers  and  ECU  24  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  cases,  the  observer  shall  leave  the  vessel  on  its  return.  A  deposit 
equivalent  to  60  days' activity  at sea shall be  lodged before  the observer or 
seaman/observer boards. 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 subsistence 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 when the licence expires. 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. 

2  2 

K. 

By-catches 

1. 

trawlers (inshore demersal fishing for fish and cephalopods): 

crustaceans: 7.5% 

2. 

ocean-going fish trawlers (deep-water demersal species): 

crustaceans: 9% 
cephalopods: 9% 

3. 

ocean-going freezer trawlers (deep-water demersal fishing for crustaceans, except 
lobster): 

fish:  12.5% 
cephalopods:  15%. 

L.  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): 70 mm, 

- standard otter trawls (deep-sea demersal species): 60 mm, 

- deep-uea crustacean trawls (not for lobster): 40 mm. 

In  the  case  of  all fishing gear, no methods  or  devices may  be  used  to  seek  to 
obstruct  the  mesh  of  the nets  or reduce  their  selective  effect.  However,  in  the 
interests  of  reducing  wear  or  damage,  protective  aprons  of  netting  or  other 
material may be attached, but  only to the underside of  the codend  of  a bottom 
trawl. Such aprons must be attached only to the forward  and lateral edges of the 
codend of the trawl. Protective devices may be used for the top of the trawl, but 
these must consist of a single section of net of the same material as the codend, 
with the mesh measuring at least 300 millimetres when stretched out. 

Doubling of the codend's netting yam shall be prohibited. 

In the case of tuna, the international standards recommended by the International 
Commission for the Conservation of Atlantic Tunas-(ICCAT) are to be applied. 

2? 

M. 

Boarding 

The delegation of the Commission of ine European Communities in Dakar shall 
be notified within 48 hours of arrival at the merchant navy basa of the boarding of 
any fishing vessel flying the flag of a Member State of the Community fishing 
under the Fisheries Agreement between Senegal and the Community, and of the 
circumstances and reasons leading to such boarding. 

^ 

ANNEX II 

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY OCEAN 
GOING FREEZER TRAWLERS FLYING THE FLAG OF A MEMBER-STATE 
OF THE EUROPEAN COMMUNITY IN SENEGAL'S FISHING ZONE 

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. 

The  application  shall be lodged with the appropriate  departments  of the 
Senegalese Ministry responsible for  sea fisheries at least  10 days  before 
the starting date requested. 

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. 
Payments may also be made directly to Dakar's Receveur des Domaines. 

Each  vessel  shall  keep  its  fishing  licence  on  board.  If,  for  practical 
reasons,  it  proves  impossible  to  send  the  original  of  the  licence  to  the 
vessel, it will be sufficient  for a copy or fax of the licence to be kept on 
board. 

In  isolated  cases,  the  Ministry  may  issue  provisional  authorizations  of 
very  short duration  for vessels whose licence fee has not yet reached the 
Treasury, but for which the Ministry has proof of payment. 

1.3 

Licences shall be issued for a minimum of one month. 

1.4 

The  scale  of  fees  for  ocean-going freezer trawlers  (deep-water fishing) 
shall be ECU 4 per GT per month. 

2r 

B. 

Fishing zones 

Ocean-going freezer trawlers shall be authorized to  fish: 

- 

.  from  15 nautical miles off the baselines between the Senegal-Mauritania 

,  border and latitude 14°36WN; 

, 

. 

from  40 nautical miles off the baselines between latitude 14°36,00"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. 

C.  Minimum authorized mesh 

The minimum mesh size (mesh opening) for midwater trawls is 40 millimetres. 
The use of a net to protect the codend of the trawl shall be allowed, provided it 
has a minimum mesh size of 120 millimetres, is not closed, and does not obstruct 
the 40-millimetre mesh. 

D. 

Technical inspections 

Once a year, and whenever there is an alteration in tonnage or a change in  fishing 
category  involving  the  use  of  different fishing gear,  Commumty trawlers  must 
undergo the inspections provided for in current rules and regulations at the port of 
Dakar. Such inspections must be completed within 48 hours of the vessel's arrival 
in the port, provided the competent authorities have been notified in advance. 

As  an  exception from this  provision,  prior  inspections  of  such  vessels  may  be 
made in Europe. The shipowner must pay the travel and subsistence costs of two 
individuals appointed by the appropriate Senegalese authorities to carry out these 
inspections. 

E. 

Landing of catch 

Ocean-going freezer trawlers may land part of their catch, at international prices. 

F. 

Signing-on of seamen 

Ocean-going freezer trawlers  authorized  to fish in  Senegalese  waters  under  the 
Agreement  shall  be  required  to  take  on  the  following  numbers  of  Senegalese 
seamen: 

four,  including two observers as set out in point H below, in the case of 
vessels with a total of thirty or less crew members; 

2Q 

five, including two observers as set out in point H below, in the case of 
vessels with a total of over thirty crew members; 

One of the observers may be replaced by a scientist. 

All individual  contracts for the recruitment of Senegalese seamen must comply 
with current Senegalese rules and regulations. 

Before  licences  are issued, the salary of  these  seamen  shall  be  determined by 
mutual  agreement  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 seamen, including life insurance, 
accident  and  sickness  cover  and  EPRES  (Institut  de  prévoyance retraite du 
Sénégal) contributions. 

There shall be no obligation for the vessels to enter a Senegalese port. Shipowners 
may,  however,  take  the  appropriate  steps,  at  their  own  expense,  to  transport 
Senegalese seamen and seamen/observers. 

G. 

Statements of catch 

All ocean-going freezer trawlers authorized to fish in Senegalese waters under the 
Agreement shall be required to make daily entries in a logbook matching that in 
Appendix 6 (attached). Ah extract of that logbook must be forwarded at the end of 
every voyage 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.  Catch  statements  must be presented  no later than the  end  of the month 
following the end of a voyage. 

H. 

Observers 

1)  When  fishing  in  Senegal's  waters,  all  Community  ocean-going freezer 
trawlers shall accept on board two observers designated by Senegal. 

2. 

3. 

4. 

The  Senegalese  authorities shall communicate to the  Commission  of the 
European Communities the names of the designated observers. 

The captain shall facilitate the work of the observers that is additional to 
actual fishing operations. 

Owners of ocean-going freezer trawlers shall make a flat-rate payment to 
the PSPS of ECU 24 for each day an observer spends on board. 

I. 

By-catches 

demersal fish species: 3% 
cephalopods: 0% 
crustaceans: 0% 

2-9 

J. 

Radio communications 

The captain shall authorize the observer to contact the PSPS (Projet de Protection 
et Surveillance des Pêches du Sénégal) whenever necessary. 

K 

Boarding 

The delegation of the Commission of the European Commumties in Dakar shall 
be notified within 48 hours of arrival at the merchant navy base of the boarding of 
any fishing vessel  flying  the flag  of a Member State of the Community fishing 
under the Fisheries Agreement between Senegal and the Community, and of the 
circumstances and reasons leading to such boarding. 

£g 

Appendix  I 

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: 

2-3 

APPLICANT 

Name  of  firm: 

Number  and  date  of  authorization  of  the  company: 

Trade  register  No  (*): 

First  name  and  surname  of  applicant: 

Date  and  place  of  birth: 

Occupation: 

Number  of  levy  payer's  account  (*): 

Address: 

No  of  employees  (*): 

Permanent  ( * ): 

Temporary  (*): 

Name  and  address  of  co-signatory: 

Annual  turnover  figure  (*): 

VESSEL 

Type of  vessel: 

New  name: 

Registration  No: 

."...  Former  name: 

Date  and  place  of  construction  (*): 

Original  nationality: 

Date  of  assumption  of  Senegalese  flag  { • ): 

Provisional 

Length: 

Period  granted 

Beam: 

Gross  tonnage: 

Net  tonnage: 

i 

Permanent 

Hold: 

Type  of  building  materials: 

V 

Draught: 

Make  of  main  engine: 

Type: 

Ratings: 

Propeller: 

Fixed 

• 

Variable  D 

Ducted 

D 

Transit  speed: 

Call  sign: 

Call  frequency: 

LIST  OF  N A V I G A T I O N.  S O U N D I NG  A ND  T R A N S M I S S I ON 

I N S T R U M E N TS 

Radar  D 

Satellite  navigation  D 

Automatic  pilot 

LJ 

Route  plotter 

LJ 

Other: 

(*)  Opnou.il  for  foreign  vessels. 

Sonar  D 

Nctsondc  D 

Scanmar 

LJ 

V I I F r a d .o 

D 

H F,  BLU  radio 

U 

Telex 

LI 

••• 

3 

C O N S E R V A T I ON 

Packed  in  ice  D 

Ice  +  refrigeration 

D 

Freezing  in  brine  D 

Dry  D 

Refrigerated  sea  water 

Q 

T o t al  refrigerating  power: 

" 

Freezing capacity  in  tonnes/24  hours: 

H o ld  capacity: 

: 

T Y PE  OF  FISHING 

A. 

Inshore  demersal 

Shrimp 

Lj 

Fish  and  cephalopod 

D 

Type  of  fishing  gear: 

Fish  Q 

Shrimps 

D 

Long  line  fishing 

LJ 

1.  Length  of  t r a w l: 

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  t r a w l: 

Headline: 

Mesh  s»ze  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  t r a w l: 

Mesh  size  in  the  body: 

Seine  LJ 

Headline: 

2.  Length  of  seine: 

Depth  of  seine: 

Mesh  dimension  (drawn): 

3} 

D.  Deep sea  pelagic  (tuna) 

Type  of  fishing  gear: 

Seine  LJ 

Pole  and  line  D 

Long  line 

D 

1.  Length  of  seine: 

Depth  of  seine: 

.... 

Mesh  dimension  (drawn): 

; 

2.  Number  of  poles  and  lines: 

3.  Long  line 

Length  of  lines: 

Number  of  hooks: 

Number  of  lines: 

Size  of  hooks: 

Number  of  pots: 

Capacity  in  tonnes: 

E.  Longlines  and  pots 

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  LJ 

Export 

LJ 

Type  and  No  of  wholesale  trader's  card: 

Description  of  processing  and  conservation  plant: 

No  of  employees: 

Senegalese: 

Permanent: 

Foreigners: 

Temporary: 

(')  Optional  for  foreign  vessel*. 

3<5 

Technical  remarks of the Direaor  of  Fisheries 

Authorization  of  the State Secretariat  for  Animal  Resources 

3 'S 

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 
pots 

Time  of 
drop 

Time  of 
raising 

Average 
position 

Depth 

Species  (circle  those  thrown  back) 

Stan 

End 

Stan 

End 

Lat. 

Long. 

Stan 

End 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

• 

• 

» 

1. 

2. 

3. 

-O 

4. 

5 

6. 

7. 

8. 

9. 

10. 

Appendix  3 

STATEMENT  OF  CATCH  BY BOTTOM  TRAWLERS 

Voyage  from: 

: 

to: 

NAME  OF  VESSEL: 

TYPE:  Wet or  freezer 

NATIONALITY: 

Species 

Dates 

, 

Fishing  zone  ( ') 

Sounder 

Time  of  fishing 

Total  weight  of  catch 

T o t al  weight  thrown  back 

('}  Dak.tr  North,  Petite-Cole  or  Casamani't*. 

-

ir 

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 
nor  landed 

Thrown  back 

Total 

Alabacore 

Skipjack 

Bigeye 

Thunnidae  +  Bonito 

Other  species 

Total 

_ 

It 

APPENDIX 5: 

STATEMENT  OF CATCH FOR TUNA  SEINERS 

On* lln* par haul whathar yielding a catch or not  Entar crotaat und*r INDICATORS and HAUL. Thank you. 

DEPARTURE 

Port 
Data 
Tlma 

HAUL 

POSITION 

DATE 

At «ma ol 
haul 
Otharwisa at 
midday 

Port 
Oat* 
Tlma 

LOCH 
Dapartura: 
Arrival: 

VESSEL 

SKIPPER 

ShaatNo 

ESTIMATED CATCH 

INDICATORS 

COMMENTS 

LOCH 

WIND 

CURRENT 

YELLOWFIN 

SKIPJACK 

BIGEYE 

ALBACORE 

OTHER  SPECIES 

Routa or March - Discard! 
Typa of shoal or wracfcaga 
Mlaoannaous probtams 
Oanaral waathar condttions 

Slza 

|  Tonnaga 

|  Slza 

|  Tonnaga 

Siza 

Tonnaga 

Size 

Tonnaga 

Size 

Tonnaga 

_ 

APPENDIX  6 

REPUBLIC  OF  SENEGAL 
Logbook 

Name of vessel 

Beginning of voyage: 

Date 

End of voyage: 

Date 

Day 
L  L 
I 

J 
I  L 

I 

I 
J 

I 
I 

Hour 

Fishing gear 

Mesh 

» 

I 

' 

J Fishing gear dimensions 

06 

D 
A 
T 
E 

F 
1 
S 
H 
1 
N 
G 

Z 
0 
N 
E 

N 
0 
R 
T 
H 

S 
0 
u 
T 
H 

N 
0 

0 
F 

F 
1 
S 
H 
1 
N 
G 

0 
P 
E 
R 
A 
T 
1 
0 
N 
S 

. 

H 
0 
R 
S 
E 

M 
A 
C 
K 
E 
R 
E 
L 

F 
1 
S 
H 
1 
N 
G 

T 
1 
M 
E 

H 
0 
U 
R 
S 

S 
A 
R 
D 
1 
N 
E 
L 
L 
A 

* 

M 
A 
C 
K 
E 
R 
E 
L 

P 
L 
A 
T 

P 
L 
A 
T 

E 
T 
H 
M 
A 
L 
0 
S 
A 

, 

. 

B 
i 
G 
E 
Y 
E 

G 
R 
U 
N 
T 

B 
0 
N 
1 
T 
0 

S 
N 
O 
0 
K 

A 
T 
L 
A 
N 
T 
1 
C 

S 
P 
O 
T 
T 
E 
0 

G 
R 
U 
N 
T-

M 
1 
S 
C 
E 
L 
L 
A 
N 
E 
O 
U 
S 

T 
0 
T 
A 
L 

C 
A 
T 
C 
H 

1 
N 

K 
G 

0 
•  T 
A 
L 

Q 
U 
A 
N 
T 
1 
T 
Y 

0 
F 

F 
1 
S 
H 

F 
R 
0 
Z 

N 
0 
T 
E 
S 

DECLARATION 

by the Government of the Republic of Senegal 

With reference to Article 2 of the Protocol between the European Economic Community 

and the Government of the Republic of Senegal on fishing off the coast of Senegal for the 

period from 1  May 1997 to 30 April 2001, the Senegalese authorities hereby declare that 

a significant  percentage of the financial compensation provided  for  in Article 2 of that 

Protocol will be used jn the fisheries sector, in accordance with the aims of sustainable 

development of fishing, including non-industrial  fishing. 

39 

FINANCIAL STATEMENT 

1.  TITLE OF OPERATION: New EC-Senegal financial Protocol 

2.  BUDGET HEADING INVOLVED: B7-800 

3.  LEGAL BASIS: Article 43"of the Treaty in conjunction with Article 228(2) and the first 

subparagraph of Article 228(3) 

EC-Senegal Agreement (OJ L 226,29.8.1980) 

4.  DESCRIPTION OF THE OPERATION: 

4.1.  General objective: Four-year protocol and annex 

4.2.  Duration and arrangements for renewal or extension 

Period: 1.5.1997 au 30.4.2001 

Renewal arrangements: negotiation before expiry of the protocol 

5.  CLASSIFICATION OF EXPENDITURE OR REVENUE: 

5.1.  Compulsory expenditure 

5.2.  Differentiated  appropriation 

5.3.  Type of revenue involved 

6.  TYPE OF EXPENDITURE 

-  Other: financial  compensation  for  a non-member  country  in  return  for fishing rights 

granted by it and recorded in the protocol. 

7.  FINANCIAL IMPACT 

7.1.  Method  of calculating  total  cost  of operation  (relation  between  unit  and  total 

cost) 
See Annex to the Protocol 
Itemized breakdown 

7.2. 

Breakdown 

1997 

1998 

1999 

2000 

TOTAL 

(current ecu million) 

Financial 
referred  to in Art. 3 

compensation 

12 

TOTAL 

12 

12 

12 

12 

12 

12 

12 

48 

48 

M 

7.3.  Schedule for proposed new operation 

The Commission will submit a transfer  request to the budgetary authority to release the 
first  payment, due on 31 July  1997. In line with the joint declaration on the subject, the 
Commission will keep the budgetary authority better informed of developments. 

(current ecu million) 

1997 

12 

1998 

12 

1999 

12 

2000 

12 

TOTAL 

48 

Commitments 

Payment appropriations 

1997 

1998 

1998 

12 

12 

12 

12 

12 

12 

12 

12 

12 

12 

48 

TOTAL 

12 

12 

8.  ANTI-FRAUD MEASURES; RESULTS OF MEASURES TAKEN 

The  financial  compensation  is payment  in  consideration  for  a  service  (opportunity  to  fish)  and 
Senegal may use any monies as it sees fit. However, in accordance with the arrangements in each 
agreement, it will provide the Community with reports on the use made of certain appropriations 
(part-financing of scientific programme). 

In addition, the Member States must provide the Commission with confirmation that the details on 
vessel tonnage certificates are accurate so as to avoid any dispute in calculating compensation (and 
dues). Similarly, the agreement states that Community vessels must make catch declarations. 

Ml 

9.  COST-BENEFIT ANALYSIS 

Clearly, the value of catches will far exceed the ECU 48 million cost. The protocol offers  greater 
scope for deep sea fishing (22 vessels) and boosts the number of permitted tuna trawlers to 76  from 
64. The Protocol will also last longer: four years instead of two, and introduces greater  flexibility 
by providing licences of one'month for deep sea fishing, one year for tuna fishing  and three, four, 
six and twelve months for demersal trawling. 

Besides the direct commercial value of catches, the following benefits can be expected: 

-  guaranteed work on board fishing vessels; 

-  job spin-offs in ports, fish auctions, processing factories, shipyards and service industries; 

-  the creation of these jobs in areas where fishing provides the only livelihood;, 

-  a reliable supply of fish for the Community market. 

In  addition,  account  needs to be taken of the importance  of our relations with  Senegal, both  in the 
fisheries  sector and politically. 

The 1979 fisheries agreement with Senegal is the first  of its type concluded by the EC with an ACP 
country. 

10.  ADMINISTRATIVE EXPENDITURE (PART A OF THE BUDGET) 

No impact on administrative expenditure. 

Hz 

ISSN 0254-1475 

COM(97) 324 final 

DOCUMENTS 

EN 

03  11 

Catalogue  number  :  CB-CO-97-314-EN-C 

ISBN  92-78-21707-7 

Office  for Official  Publications of the European  Communities 

L-2985  Luxembourg 

Mi