CELEX: 51982PC0014
Language: en
Date: 1982-01-29
Title: Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Economic Community and the Government of the Republic of Senegal amending the Agreement on Fishing Off the Coast of Senegal signed on 15 June 1979, the Protocol and the Exchanges of Letters referring thereto (submitted to the Council by the Commission)

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COM (82) 14
Vol. 1982/0008
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(82 ) 14 final
                                                  Brussels , 29 January 1982
                               Proposal for a
                             COUNCIL DECISION
     on the conclusion of the Agreement between the European
       Economic Community and the Government of the Republic
       of Senegal amending the Agreement on Fishing Off the
       Coast of Senegal signed on 15 June 1979 , the Protocol
           and the Exchanges of Letters referring thereto
            ( submitted to the Council by the Commission )
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 ---pagebreak---                           EXPLANATORY MEMORANDUM
        The attached agreement represents the outcome of the negotiations with
Senegal on the extension of the fishries agreement which has been in force
since 15 June 1979 .
        The aim of this " proposal is the definitive approval of the agreement
already provisionally applied in accordance with Council Decision
81 / 1055 / EEC of   21    December 1981 . (1)
        The justification given in COM ( 81 ) 736 , and also the financial memo­
randum attached to it , are therefore valid for this proposal .
  ( 1 ) O.J. No L 379 of 31.12.1981
 ---pagebreak---                     •    PROPOSAL   FOR A COUNCIL DECISION
  ON THE CONCLUSION OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
  AND THE GOVERNMENT OF THE REPUBLIC OF SENEGAL AMENDING THE AGREEMENT ON
   FISHING OFF THE COAST OF SENEGAL SIGNED ON 15 JUNE 1979 , THE PROTOCOL AND
  THE EXCHANGES OF LETTERS REFERRING THERETO
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community ,
  and in particular Article 43 thereof ,
  Having regard to the proposal from the Commission ,
  Having regard to the Opinion of the European Parliament ,
  Whereas the Community and Senegal have conducted negotiations in accordance
  with the second paragraph of Article 17 of the abovementioned Agreement , in
  order to determine the amendments or additions to be made to the Annexes or to
  the Protocol referred to in Article 9 thereof ;
  Whereas , following these negotiations , a draft agreement amending the fisheries
  agreement between the Community and the Republic of Senegal and a protocol
  were signed on      21 January 1982 ;
  Whereas it is in the Community 's interest to approve that Agreement ;
                                  *
  Whereas the conclusion of this Agreement renders nugatory Council Decision
• Si / 3055 / EEC of 2lDecember 1981 on the conclusion Of an Agreement in the
  form of an exchange of letters providing; for provisional application of the
  Agreement between the Government of the Republic of Senegal and the European
  Economic Community amending the Agreement on fishing off the coast of
                                              1
   Senegal , and of the Protocol thereto        ,
   HAS DECIDED AS FOLLOWS :
   ( 1 ) O.J. No L 379 of 31.12.1981 , p . 64
 ---pagebreak---                                     Article 1
       The Agreement between the European Economic Community and the Government
 of the Republic of Senegal amending the Agreement on fishing off the coast of
  Senegal signed on , 15 June 1979 , the Protocol , and the exchange  of letters
  referring thereto , are approved on behalf of the Community .
       The texts referred to in the first paragraph are annexed to this
   Decision .
                                    Article 2
       The President of the Council shall give the notification provided for in
                                  i
 Article 2 of the Agreement .
                                    Article 3
       Decision 81 / 1055 / EEC is hereby repealed with effect from the date
  of entry into force of the Agreement .
  Done at
                                                    For the Council
                                                     THE PRESIDENT
1
  The Secretariat-General , of the Council will publish in the Official
  Journal of the European Communities the date of entry into force of
  the Agreement ..
 ---pagebreak---                                             ANNEX
                    AGREEMENT
    BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
 AND THE GOVERNMENT OP THE REPUBLIC OF SENEGAL
AMENDING THE AGREEMENT ON PISHING OFF THE COAST
      OF SENEGAL , SIGNED ON 15 JUNE 1979
 ---pagebreak---                                     - 8 -
                                  ARTICLE 1
         The Agreement between the European Economic Community
and the Government of the Republic of Senegal on fishing off
the coast of Senegal is hereby amended as follows :
                              I
     I.         Article MM ) shall be deleted .
    II .        The second sub-paragraph of Article 5(2 ) shall be
          worded as follows :
          " The amounts payable and the method of payment are set
            out in Annex I. A. "
                The third sub-paragraph of the said Article 5(2 )
          shall be    deleted .
 III .          In Annex I. A. , paragraphs 1 , 2 and 3 shall be
          worded as follows :
          " A. Licence application and issuing formalities
                      The procedures for applications for and issue
               of licences enabling vessels flying the flags of
               Member States of the Community to fish in Senegalese
               waters shall be as follows :
               1.1 The competent Community authorities must
                   present to the competent Senegalese authorities
                                *
                    ( SEPM ) ( ) an application for each vessel
                   that wishes to fish under the Agreement .
  Λ
( ) Secrétariat d' Etat à la Péche Maritine ( State Secretariat
       for Sea Pisheries )
                                                                • • •!• • *
 ---pagebreak---                       - 9 -
1.2 . The application shall be made on the forms
      provided for that purpose by the Government of
      Senegal .  A specimen is attached hereto .
1.3 . The technical services of the State Secretariat
      for Sea Fisheries shall inform the delegation
      of the Commission of the European Communities
      in Dakar as soon as the amount has been
      established permitting the vessel owner to pay
      the fees .
      After payment of the fee , the licence shall be
      signed and forwarded to the delegation of
      the Commission of the European Communities in
      Dakar .
      If within two weeks of notification of the
      amount due , the fee has not been paid , the
      Community may make new applications for licences
      for thet tonnage concerned .
1.4 . Licences shall be valid from the date of
      issue until 31 December of the year in which
      they were issued .
1.5 » However , trawlers which are not obliged to land
      their entire catch in Senegal may , within the
      limits laid down by the Protocol establishing
      fishing rights and compensation , obtain special
      licences valid for not more than four months .
                                                   «/« »
 ---pagebreak---                             - 10 -
1 . 6 . The fees are set according to the following scale
                        ♦
        ( a ) trawlers landing their entire catch :
              CFAP 8 , 500 per gross register ton per
              year for shrimp boats
              CFAP 7 > 500 per gross register ton per
              year for fish boats
        ( b ) trawlers not landing their entire catch
              and fishing throughout the year :
              CFAF 17,000 per gross register ton per
              year for shrimp boats
              CFAF 15,000 per gross register ton per
              year for fish boats
        ( c ) freezer trawlers not landing their entire
              catch and fishing for a four month period
              between 1 April and 30 September :
              CFAF 10,500 per gross register ton
        ( d ) tuna boats landing their entire catch :
              CFAF 2 per kg of fish caught .
                          <
        ( e ) tuna boats not landing their entire
              catch :                            <
              CFAF 6 per kg of fish caught .
                                                      • < •/•
 ---pagebreak---                                  - 11 -
          2 . The fee shall be set for one year irrespective
              of the period for which the licence is valid , with
              the exception of :
              ( a ) the special licences referred to under 1.5 .;
                          »
              ( b ) licences issued pursuant to paragraph 3 ;
              ( c ) the case mentioned in Article ^( 6 ) of the
                    Agreement .
          3 . For licences issued at the beginning of the period
              of validity of the Protocol establishing fishing
              rights and compensations and for licences valid
              until the expiry date of the said Protocol , the
              fee shall be in proportion to the period for which
              the licence is valid .".
IV .          Annex I.D. shall be worded as follows :
     " D. Training grants and scientific programme
                 The two Parties agree that an essential condition
          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
          shall make it easier for Senegalese nationals to find
          places in establishments in its Member States and shall
          provide 10 study and training grants for a five year
          period in the various scientific , technical and economic
          disciplines c6nnected with fisheries .".
                                                                • • • / • • •
 ---pagebreak---                                 12
V.            The following point shall be added to Annex X :
   " P. Signing on of observers
        1 . When fishing in Senegalese waters , freezer trawlers
            flying the flags of Member States of the Community
            shall accept observers designated by Senegal . The
            captain shall facilitate the work of the observer
            who shall be eligible for the facilities provided
            for the officers of the vessel concerned .
        2 . The Senegalese authorities shall communicate to
            the Commission of the European Communities the
            names of designated observers .
        3 . No vessel shall be required to have more than one
            observer on board at one time .
        4 . Board and lodging shall be provided for the
            observer by the shipowner of the latter' s expense ;
            his meals sh&ll be served in the officers' mess-
            room . He shall be lodged in the areas provided for
            the officers or , if this is impossible , in a
            living area distinct from that provided for the
            crew .
 ---pagebreak---                              - 13 -
         5 . The vessel owner shall reimburse the Senegalese
             Government at a flat rate , including, all
             charges , of FCFA 8,000 per day spent by the
             observer on board the vessel .". .
                            ARTICLE 2
     This Agreement shall enter into force on the date on
which the Parties notify each other of the completion of the
the procedures necessary for this purpose .
 ---pagebreak---                        - 14 -
                        PROTOCOL
ESTABLISHING THE FISHING RIGHTS AND 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 ,
                   FOR THE PERIOD FROM
          16 NOVEMBER 1981 TO 15 NOVEMBER 1983
                t
 ---pagebreak--- THE PARTIES TO THIS PROTOCOL ,
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 on 15 June 1979 and
amended by the Agreement signed on 21 January 1982 ,
HAVE AGREED AS FOLLOWS :
                           ARTICLE 1
      The limits referred to in Article 4 of the abovementioned
Agreement shall be set as follows :        *
1 . Tuna boats
    obliged to land their
    entire catch in Senegal :             3,000 gross register
                                                 tons ,
2 . Trawlers
    obliged to land their
    entire catch in Senegal :             2,150 gross register
                                                 tons ,
3 . Tuna boats
    not obliged to land their
    entire catch in Senegal :            23*300 gross register
                                                 tons ,
 ---pagebreak---                                - 16
M . Trawlers
    not obliged to land their
    entire catch in Senegal
     ( a ) for the whole year           >t, .. 5,000 gross register
                         i                             tons ,
    ( b ) for a four-month period
           between 1 April and
           30 September                        9 > 000 gross register
                                                       tons over and
                                                       above the tonnage
                                                       referred to
                                                       under ( a ) .
                              ARTICLE 2
1.          The compensation referred to in Article 9 of the
    Agreement shall be set at CPAF 2,500 million to be
    mobilized in two annual instalments .
2.          The compensation shall be paid out in accordance
    with the following procedure :                                        ,
    - for 1 / 3 into an account opened in the name of the
        State Secretariat for Sea Fisheries ,
    - For 2 / 3 into the account of the Treasurer General
        of Senegal .
                                                              • * •/• • •
 ---pagebreak---                              - 17 -
                            ARTICLE 3
      Should the European Economic Community fail to make
the payments provided for in this Protocol , the Agreement
on fishing shall be suspended .
                         ♦
                            ARTICLE 4
      The Community shall in addition contribute CFAF 100
million towards the financing of a Senegalese scientific
programme . This sum shall be put at the disposal of the
Centre for Oceanographic Research of Dakar - Thiaroye
( CRODT ) which comes under the Senegalese Institute for
Agricultural Research ( ISRA ).
                            ARTICLE 5
      This Protocol shall enter into force on the date on
which the Parties notify one another of the completion of
the procedures necessary for this purpose .