CELEX: 51981PC0736
Language: en
Date: 1981-12-01
Title: PROPOSAL FOR A COUNCIL DECISION 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 Senegal, and of its Protocol (submitted to the Council by the Commission)

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COM (81) 736
Vol. 1981/0211
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 ---pagebreak---       COMMISSION OF THE - EUROPEAN COMMUNITIES
                                                         COM(81)736 final.
                                                         Brussels , 1 December 1981
                              PROPOSAL FOR A COUNCIL DECISION
               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 Senegal , and of its Protocol
                                    I                       ■
                      ( submitted to the Council by the Commission )
                                                                               (
         Î
C0M(81 ) 736 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
The negotiations on the conditions for the continuation of the Agreement
on fishing between the EEC and Senegal culminated on 12 November 1981 in
the initialling of an Agreement amending that Agreement and its Protocol .
The amendments to the Agreement mainly concern :
1.     the introduction of licences for certain vessels , valid for less
      than a year , to take account of the seasonal nature of their
       fishing activities ;
ii .  the fees to be paid by shipowners ;
iii .  10 study and training grants for a five year period for Senegalese
       nationals ;
iv .   Community finance for a Senegalese scientific programme ;
v.     signing of Senegalese observers on freezer trawlers .
The new Protocol to the Agreement lays down that between 15 November 1981"
and 4 November 1983 the compensation payable by the Community will be identical
to that provided for in the original Protocol ( CFAF 2.500 million ) and
specifies tonnage use limits by category of vessels .
In order to avoid any break in the fishing activities of Community vessels
from 15 November 1981 , the date on which the provisional extension of the original
Protocol expires , on 12 November , the heads of the two delegations also
initialled an exchange of letters providing for provisional application
of the Agreement between the Community and Senegal amending the Agreement
concerning fishing &ff the coast of Senegal , and of its Protocol . This
exchange of letters also makes provision for the payment of the first          ;
instalment of the Community compensation within eight weeks of the date on
which it is signed .
 ---pagebreak---                              f
                                 - 2 -
This provisional application arrangement is therefore identical to that
already applied when the original Agreement was signed .
In the light of the above , the Commission recommends that at its next
meeting the Council should :
i.    approve the attached proposal for a decision providing for provisional
      application of the said Agreement and its Protocol from the date
      on which the exchange of letters is signed ;
ii ;  authorize its President to designate the persons empowered to sign
      this exchange of letters .
                                               '   δ
 ---pagebreak---                            PROPOSAL FOR A COUNCIL DECISION
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 Senegal - and of its       •
                       «
Protocol
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Agreement between the Government of the Republic of
Senegal and the European Economic . Community on fishing off the coast
of Senegal ( 1 ), and in particular the second paragraph of Article 17 thereof ,
                        ,K
                        w"
Having regard to the proposal from the Commission,
Whereas, pursuant to the    second paragraph of Article 17 of the Agreement on
fishing off the coast of    Senegal , the Community and Seriegal negotiated to
determine the amendments    or additions to be incorporated in its Annexes or
in the Protocol referred    to in Article 9 thereof ;
                                                      *                        r
Whereas , as a result 6f these negotiations, a draft Agreement amending the
Agreement on fhishing between the Community and the Republic of Senegal and
a Protocol were initialled on 12 November 1981 ;
Whereas under that Agreement Community fishermen retain the fishing possi­
bilities open to them in the waters under the sovereignty or jurisdiction
of Senegal ;
Whereas in order to avoid any interruption in the fishing activities of
Community vessels , the Agreement amending the Agreement with Senegal and
the Protocol should be approved as soon as possible;
( 1 ) O.J. No . L 226 of 29.8.1980, p. 17
 ---pagebreak---                                                                                     M
                      . -             - 2 -
Whereas , consequently , the two parties initialled an exchange of letters
providing for the provisional application of the initialled Agreement and
Protocol from 15 November 1981 , the date of expiry of the arrangement laid
down by the Agreement in the form of an exchange of letters approved
by Council Decision 8T / 860/ EEC < 1 ), and whereas that Agreement and its
Protocol should be approved provisionally pending a final decision pursuant
to Article 43 of the EEC Treaty ,
HAS DECIDED AS FOLLOWS :
                                  Article 1
            '                           s     '        *
The 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 Senegal , and of the Protocol thereto , is hereby approved
on behalf of the Community .
The text of the exchange of letters is annexed to this Decision .
                                  Article 2
The President of t he Council is hereby authorized to designate the persons
empowered to sign the Agreement in order to bind the Community .
                                                 r
Done at                         *                     For the Council ,
                                                      The President .
                   »
( 1 ) O.J. No . L 319 of 7.11.1981 , p. 22
 ---pagebreak---                                                                                 t.- <
                                D R A F T
                  Exchange of Letters - Provisional application
                         £■
A. Letter from the Government of the Republic of Senegal
Sir ,
  . . -\.: r U
With reference to the draft 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 , I have
the honour to inform you that the Government of Senegal is prepared to apply
that Agreement , together with the Protocol thereto , provisionally from this day
until it enters into force in accordance with Article 2 of the said draft
Agreement and Article 5 of the draft Protocol , provided that the European
Economic Community is prepared to do likewise .
It is understood that , in this case, a first instalment equivalent to 50%
of the compensation laid down in Article 2 of the draft Protocol must be
paid within eight weeks of today .
I should be obliged if you would confirm that the European Economic Community ,
agrees to provisional application as indicated above .
Please accept . Sir , the assurance of my highest consideration .
                                 »
                                               For the Government fo the
                                               Republic of Senegal ,
 ---pagebreak---                                                                                   4-
B. Letter from the European Economic Community
                              I
                               I
                       i>
Sir ,
I have the honour to acknowledge receipt of your letter of today 's date ,
which reads as follows :
"With reference to the draft Agreement between the European Economic
Community and tire Goverment of the Republic of Senegal amending the Agreement
on         fishing off the coast of Senegal signed on 15 June 1979 , I have
the honour to inform you that the Government of Senegal is prepared to apply
that Agreement , together with the Protocbl thereto, provisionally from this day
until it enters into force in accordance with Article 2 of the said draft
Agreement and Article 5 of the draft Protocol , provided that the European
Economic Community is prepared to do likewise .
It is understood that , in this case, a first instalment equivalent to 50%
of the compensation laid down in Article 2 of the draft Protocol must be
paid within eight weeks of today .
                                                                                (
I should be obliged if you would confirm that the European Economic Community
agrees to provisional application as indicated above .
Please accept , Sir , the assurance of my highest consideration ."
I have the honour to inform you that the Community accepts the provisional
application of the Agreement of its Protocol under the conditions referred
to in your letter .
Please accept , Sir, the assurance of my highest consideration .
                                             For the Council of the
                                             European Communities ,
 ---pagebreak---                               DRAFT AGREEMENT
 between the European Economic Community and the Governement of the Republic
 of Senegal amending the Agreement          on     i fishing off the coast of
 Senegal , signed on 15 June 1979                        *
                                   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. Article 4(4 ) 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 3(2 ) shall be deleted .
 III . In Annex 3 . A. , paragraphs 1 , 2 and 3 shall be worded as follows :
"A , licence application end 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 relevant Community authorities must present to the relevant
      Senegalese authorities ( SEPM ) ( 1 ) an application for each vessel that wish
      to fish under the Agreement .
      1.2 . The application shall be made on the forms provided for that purpose
      by the Government of Senegal . A specimen is attached her to .
                                                                   ./.
 ( 1 ) State Secretariat for Sea Fisheries
 ---pagebreak---                                   - 2 -
1.3 . The technical services of the State Secretariat for Sea Fisheries
shall inform the delegation of the EEC in Dakar as soon as the amount has
been established permitting the vessel owner to pay the fees .
After payment of the fee , the license shall be Signed and transmitted
to the EEC delegation 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 the
tonnages 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 .
1.6 . The fees are set according to the following scale :
( a ) trawlers landing their entire catch :
       CFAF 8,500 per gross register ton per year for shrimp boats
       CFAF 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 .         ..
2 . The fee shall be set for one year irrespective of the period for which
the licence / is    valid , with the exception of :
                                                                   ./.
 ---pagebreak---                                    - 3 -
    ( a ) the special licences referred to under 1.5
             4
    ( b ) licences issued pursuant to paragraph 3
    < c ) the case mentioned in Article 4-6 ) of the Agreement .
    3 . For licences issued at the beginning of the period of validity of the
    Protocol establishing fishing rights and compensation, and for licences
    valid until the expiry date of the said Protocol , the fee shall be
    in proportion to the period for which the lieence is valid ."
IV . Annex I.D. shall be worded as follows :
" Do Training grants and scientific programme
      The two Parties agree that an essential condition for the success of their
      cooperation is taht 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 connected with fisheries ."
V. The following point shall be added to Annex I ;
" F. Signing on of observers
      1 . When fishing in Senegalese waters , freezed 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
     benefit from the facilities provided for the officers of the vessel
      concerned .
      2 . The Senegalese authorities shall communicate the names of designated
      observers to the Commission of the European Communities .
                                      ?
      3 = No vessel shall be requiped to have more than one observer on board
      at one time .
      4 . Board and lodging shall be provided for the observer by the shipowner
      a^ the latter' s expense .
                                                    *
      His meals shall be served in the officers' mess . 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 .
                                                                    J
 ---pagebreak---     5 . The vessel owner shall reimburse the Senegalese Government at a
    flat rate , including all charges , of 8,000 FCIftper day spent by the
    observer on board the vessel 0 "
                               Article 2
This Agreement shall enter ir)to force on the date on which the Parties
notify each other of the completion of the procedures necessary for thi
purpose .
 ---pagebreak---                                                                                            Λ»
                                                                                         /
                                DRAFT 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 .
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
1981 ,
HAVE AGREED AS FOLLOWS ;        4  -
                                  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      1   23 / 300 gross register
    Senegal ;                                                              tons .
4 . Trawlers not obliged to land their entire catch in
    Senegal :
                                          )
    ( a ) for the whole year                                       5 / 000 gross register
                                                                           tons .
    ( b ) for a four-month period between 1 April and 30           9 / 000 gross register
          September                                                        tons over and
                                                                           above the ton­
                                                                           nage referred
                                                                           to under ( a )
 ---pagebreak---                                  Article 2
 1 . The compensation referred to in Article 9 of the Agreement shall be set
 at CFAF 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 .
                                 Article 3
 If the European Economic Community fails to make the payments provided
 for in this Protocol , the Agreement on fishing shall be suspended ;
                                 Article 4
 The Community shall 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 ( C.R.O.D.T. )
 which comes under the Senegalese Institute for Agricultural Research
 ( I.S.R.A. ) .
                                 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 .
 ---pagebreak---                        FINANCIAL                 ftTATRMSHT
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