CELEX: 51979PC0302
Language: en
Date: 1979-06-05
Title: Proposal, for a COUNCIL REGULATION (EEC) approving the exchange of Letters providing for provisional application of the Agreement between the Government of Senegal and the European Economic Community concerning fishing off the coast of Senegal and of two exchanges of Letters referring thereto#Proposal for a COUNCIL REGULATION (EEC) approving the Agreement between the Government of the Republic of Senegal and the European Economic Community concerning fishing off the coast of Senegal and two exchanges of letters referring thereto (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 302
Vol. 1979/0115
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(79)302 final
                                                 Brussels , ? June 1979
                            Proposal, for a
                     COUNCIL REGULATION ( EEC )
  approving the exchange of Letters providing for provisional
  application of the Agreement between the Government of Senegal
  and the European Economic Community concerning fishing off the
  coast of Senegal and of two exchanges of Letters referring
                               thereto
                        -  Proposal for a
                    COUNCIL REGULATION ( EEC )
  approving the Agreement between the Government of the Republic
  of Senegal and the European Economic Community concerning fishing
  off the coast of Senegal and two exchanges of letters referring
                               thereto
            ( presented by the Commission to the- Council )
                       hY *             r~; \
                      Pf % d             y à
                                               i
C0M(79 ) 302 final     V;->    ^      V     <7
                                 ^ v ^ ■>/
 ---pagebreak---                          EXPLANATORY MEMORANDUM
     By its Decisions of 27 June 1977 and 7 December 1977 the Council
authorized the Commission to open and continue negotiations for a fishery
agreement with certain West African countries , including Senegal .
     The negotiations between the Republic of Senegal and the Commission
of the European Communities for the conclusion of a fishery agreement
ended on 30 April 1979 . The text of the Agreement was initialled by
His Excellency Mr Djibril Sene , Senegal Minister of Rural Development ,
and Mr F. 0 . Gundelach , Vice-President of the Commission of the European
Communities . The Agreement is valid for two years and contains a tacit
renewal clause .
     The Agreement is particularly important because it is the first of
its kind to be negotiated by the Community with a developing country .    It
governs fishery relations between       '       ^the Community and Senegal
and will replace the bilateral agreements between certain Member States
and Senegal .
     The Protocol to the Agreement stipulates the number ,of Community
vessels and the conditions under which they may engage in fishing activi­
ties inside Senegal 's 200-mile fishing zone .  To this end , the Senegalese
authorities will issue licences in return for the payment of a fee by
shipowners .  The latter will be obliged to land part or all of their
catches in a Senegalese port .   Within the limits set out in Exchange
of Letters n° 1 annexed to the Agreement , they will have to employ
Senegalese seamen on board their vessels .
 ---pagebreak---          The Protocol also makes provision for financial compensation from
 the Community , which , for the initial duration of the Agreement ( two
 years ) and given that there is no recent experience of certain kinds of
 fishing , has been set at an agreed amount ( 1 ) of CFAF 2 500 million
 ( approximately 2 11.4 million ).    This compensation is designed to finance
 projects and services launched by the Republic of Senegal in connection
 with rural development , particularly sea fishing .    The compensation is in
 addition to the financial assistance Senegal receives and will continue
 to receive under the Lom6 Convention and its successor .
         Lastly , it has been agreed that the Community will provide study
 and training grants for Senegalese nationals in the various areas of the
 fishing industry ( see Annex I.D. ).
         In accordance with Exchange of Letters n° 3 it has been agreed that
 the Agreement will be made provisionally applicable as soon as it is signed .
 So that licences can be issued as soon as possible , particularly for freezer
 trawlers that do not possess licences'at present and for which the fishing
 season in Senegalese waters is now under way , it would be advisable to au­
 thorize the signing of the Agreement as soon as possible .
         In the light of the foregoing , the Commission
 i ) recommends that the Council , at its next meeting , authorize its Presi­
       dent to designate the persons authorized to sign this Agreement ;
ii ) proposes that the Council , after consulting the European Parliament ,
       approve the outcome of the negotiations by adopting the proposal for
       a Regulation annexed hereto , thereby approving the Agreement .
  ( 1 ) See Exchange of Letters n° 2
 ---pagebreak---              PROPOSAL FOR A COUNCIL REGULATION (EEC)
 apprpving the     exchange of Letters providing for provisional
 application of the Agreement between the Government of Senegal
 and the European Economic Community concerning fishing off the
 coast of Senegal and of two exchanges of letters referring thereto
THE COUNCIL OP THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community ,
and in particular Article 103 thereof ,
Having regard to the proposal from the Commission ,
Whe'reas the European Economic Community and the Government of the
Republic of Senegal signed on an Agreement concerning
fisheries off the coast of Senegal , together with exchanges
of letters referring thereto ;
Whereas "by this Agreement ' the Government
of Senegal is to permit Community fishermen to fish off the coast of Senegal
Whereas certain Community fishermen do not for the moment have alternative
fishing possibilities and it is therefore important that . the Agreement be
 brought into operation as soon as possible;
Whereas for this reason the two parties signed on an
exchange of letters providing for the application on a provisional basis
of the Agreement from the date of signature pending its entry into
 force in accordance with Article 18 thereof ;
Whereas it is therefore appropriate that the Community approve this
 exchange of letters , on the basis of Article 103 of the' Treaty , pending
 final conclusion of the Agreement on the basis of Article 43 of the Treaty ,
 ---pagebreak---  HAS ADOPTED THIS REGULATION :
                    Article 1
     The exchange of letters "between the European Economic Community and
the Government of Senegal providing for provisional application of the
Agreement "between these two parties concerning fishing off the coast of
Senegal /• and of the two exchanges of letters
referring thereto , is hereby approved on behalf of the Community .
      The instruments referred to in the preceding paragraph are annexed
to this Regulation .
                     Article 2
     This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities.
     This Regulation shall "be "binding in its entirety and directly
applicable in all Member States.
Done at                                         For the Council
                                                The President
 ---pagebreak---                                              From the Chairman of the Senegalese
                                             Delegation to the Chairman of the
                                             European Economic Community Delegation
Sir ,
With reference to the Agreement on fisheries off the coast of Senegal signed
today "between the European Economic Community and the Government of the
Republic of Senegal , I have the honour to inform you that the Government of
the Republic of Senegal is prepared to apply the Agreement and its Protocol
from this day until it enters into force in accordance with Article 18 of the
Agreement and Article 6 of the Protocol , provided that the European Economic
Community is prepared to do likewise .
It is understood that , in this case , the first instalment of the compensation
laid down in Article 2 of the Protocol must he paid within eight weeks from
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 .
 ---pagebreak---                                              Prom the Chairman of the European
                                             Community Delegation to the Chairman
                                             of the Senegalese Delegation
Sir .
I am in receipt of your letter of today 's date , which reads as follows
I have the honour to inform you that the Community accepts the provisional
application of the Agreement and its Protocol under the conditions referred to
in your letter .
Please accept . Sir . the assurance of my highest consideration .
 ---pagebreak---                   PROPOSAL FOR A COUNCIL REGULATION (EEC )
            approving the Agreement between the Government of
   the Republic of Senegal and the European Economic Community concerning
   fishing off the coast of Senegal      and two
   exchanges of letters referring thereto .
   THE COUNCIL OP THE EUROFEAN COMMUNITIES ,
   Having regard to the Treaty establishing the European Community ,
   and in particular Article 43 thereof ,
   Having regard to the proposal from the Commission ,
   Having regard to the opinion of the European Parliament , ( l )
                                       i
   Whereas it is in the Community 's interest to approve    the Agreement
   "between the European Economic Community and the Government of the
   Republic of Senegal concerning fishing off the coast of Senegal,
    together with             the exchanges of letters referring thereto,
    signed in Brussels on
   Whereas on the conclusion of this Agreement Regulation ( EEC )
   No .      /79 of          June 1979 approving the exchange .
    of letters providing for provisional application of the Agreement
    between the Government of the Republic of Senegal and the European Economic
    Community concerning fishing off the coast of Senegal " and of two exchanges
    of letters referring thereto ( 2 ) ceases to have any purpose ;
               a
    HAS ADOPTED THIS REGULATION :
                            Article 1
                                                              f
          The Agreement between the Government of the Republic of Senegal and
    the European Economic Community concerning fishing off the coast of
, Senegal* and the two exchanges of letters referring.      ,
    thereto are approved on behalf of the Community.
 ( 2 ) The date of entry into force of the Agreement will be        •/• V
       published in the Official Journal of the European Communities
       by the Secretariat General of the Council .
 ---pagebreak---                    - 2 -
The instruments referred to in the preceding paragraph are annexed to this
Regulation .
                       Article 2
     The President of the Council shall , on behalf of the Community ,
give the notification provided for in Article 18 of the Agreement .
                       Article 3
Regulation (EEC ) No .        /79 "> s hereby repealed .
                       Article 4
     This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Communities .
     This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                             For the Council
                                               The President
 ---pagebreak---                          DRAFT AGREEMENT
between the Government of the Republic of Senegal and the European
      Economic Community on    fisheries off the coast of Senegal
      The Government of the Republic of Senegal and the European Economic
Community ,, hereinafter referred to as the " Community ",
Recalling the close relations between the Community and the Republic of
Senegal ;
In the spirit of cooperation resulting from the Lom6 Convention , symbo­
lizing the Parties' common desire to intensify friendly relations between
the African , Caribbean and Pacific States and the Community ;
Whereas they have a mutual interest in the rational management , conservation
and optimum utilization of fish stocks ^. notably in the Central East Atlantic
Whereas the Republic of Senegal exercices its sovereignty or jurisdiction
over a zone extending up to two hundred nautical miles from its coast ,
particularly in respect of sea fishing ;                   ,
Taking into account the fact that vessels flying the flags of Member States
of the Community habitually engage in fishing activities in that zone ;
Taking into account the work of the Third United Nations Conference on
the Law of the Sea ;
Affirming that the exercise by coastal States of their sovereign rights
 in the waters within their jurisdiction for the purposes of exploring ,
 exploiting , conserving and managing the living resources thereof must
 be in accordance with the principles of international law ;
 ---pagebreak--- Whereas fishing activities in the waters under the sovereignty or juris­
diction of the Republic of Senegal are governed by its Sea Fishing Code ;
Determined to conduct their relations in a spirit of mutual trust and
respect for each other 's interests in the sphere of sea fishing ;
Desirous of establishing the terms and conditions governing fishing acti­
vities of mutual concern to the Parties ;
Have agreed as follows :
                             Article 1
The purpose of this Agreement is to establish the principles and rules
which will govern in future , in all respects , the fishing activities of
vessels flying the flags of Member States of the Community , hereinafter
referred to as "Community vessels^' in the waters over which the Republic
of Senegal has sovereignty or jurisdiction in respect of fisheries - here­
                                         \
inafter referred to as Senegal 's fishing zone ,".
                             Article 2
The Government of the Republic of Senegal undertakes to authorize Community
vessels to fish in Senegal 's fishing zone in accordance with the terms of
this Agreement , in particular those stipulated in Annex I , and with the
Sea Fishing Code and other laws and regulations in force in Senegal .
                             Article 3
1.    The Community undertakes to take all appropriate steps to ensure
that its vessels adhere to the provisions of this Agreement and the rules
and regulations governing fishing activities in Senegal 's fishing zone .
2.    The authorities of Senegal shall notify the Commission of the Euro­
pean Communities in advance of any changes to the said rules and regu­
lations .
 ---pagebreak---                                - 3 -
                             Article 4
1.    Fishing activities by Community vessels in Senegal 's fishing zone
shall be subject to the possession of a licence issued at the Community 's
request by the authorities of Senegal .
2.    The authorities of Senegal shall issue fishing licences within the
limits laid down by category of vessel in the Protocol referred to in
Article 9 .
3.    Licences shall be valid in the zones defined in Annex I.E. , depending
on the activity and the type of vessel in question .
4.    Licences shall be valid from the day of issue until 31 December of
the year in which they are issued .
5.    A licence shall be issued for a given vessel and shall not be trans­
ferable .
6.    Where a vessel in possession of a , licence is prevented from using
it by force majeure , the licence may be replaced at the Community 's
request by another one which shall be valid for a vessel of the same
category .
                                                            «
                             Article 5
 1.   Licences shall be issued by the authorities of the Republic of Senegal
upon payment of a fee by the shipowner concerned .
 2.    For those vessels that are obliged to land their entire catch at
 Senegalese ports , the fee shall be that laid down by the Senegalese rules
 and regulations in force .  For those vessels that are not obliged to land
 their entire catch in Senegal , the fee shall be double that mentioned in
 the preceding sentence .
The amounts payable are set out in Annex I. A.
Licences shall be paid for in full when they are issued or declared valid ;
the fees for licences assessed on the basis of the quantity of fish caught
shall be payable at the close of the year .
                                                                 •>·/···
 ---pagebreak--- 3.    The fee for a licence issued under Article 4 ( 6 ) shall be in propor­
tion to the remainder of the year .
                             Article 6
The Parties undertake to concert action , either directly or within inter­
national organizations , to ensure the management and conservation of the
living resources , particularly in the Central East Atlantic , and to faci­
litate the relevant scientific research .
                             Article 7
Vessels authorized to fish in Senegalese waters under this Agreement
shall be obliged to forward to the relevant Senegalese authorities state­
ments of catches in accordance with the arrangements set out in Annex I.B
to this Agreement .
                             Article 8
Wet trawlers and tuna boats , authorized under this Agreement to fish in
Senegal 's fishing zone , shall be obliged to land their entire catch .
Freezer trawlers and tuna boats shall be obliged to land part of their
catch in accordance with the arrangements set out in Annex I.C to this
Agreement .
                             Article 9
In return for the fishing opportunities accorded under this Agreement ,
the Community shall pay the Republic of Senegal compensation as set out
in the Protocol to this Agreement .
 This compensation , which shall be paid without prejudice to financing accorded to
 the Republic of Senegal under the ACP-EEC Convention , shall be mobilized in
 accordance with the special procedure described in the said Protocol .
 The compensation shall be used to finance projects and services of a rural
 nature , in particular relating to sea fishing .            '
 ---pagebreak---                                - 5 -
                              Article 10
The Parties agree to consult in the event of a dispute concerning the
interpretation or Application of this Agreement / where appropriate in
accordance with the procedure set out in Annex II .
                              Article 11
A Joint Committee shall be set up to ensure that this Agreement is applied
correctly .
The Committee shall meet once a year , alternating between Senegal and the
Community , and shall hold special meetings at the request of either Contrac­
ting Party .
                              Article 12
Should the authorities of Senegal decide , as a result of an unforeseeable
change in the state of the fish stocks , to take new conservation measures
which , in the opinion of the European Economic Community , have a conside­
rable effect on the fishing activities' of Community vessels , consulta­
tions must be held between the Parties in order to adapt Annex I and the
Protocol referred to in Article 9 .
Such consultations shall be based on the principle that any reduction in
the fishing opportunities provided for in the said Protocol shall be
offset by other fishing opportunities of equivalent value , account being
taken of compensation already paid by the Community .
                              Article 13
Nothing in this Agreement shall affect or prejudice in any manner the
views of either Party with respect to any matter relating to the Law
of the Sea .
                              Article 14
This Agreement shall apply , on the one hand , to the territories in which
the Treaty establishing the European Economic Community is'applied , under
the conditions laid down in that Treaty , and on the other hand , to the
territory of the Republic of Senegal .
                                                               9 ••/••
 ---pagebreak---                              Article 15
The Parties agree to examine this Agreement upon the conclusion of the
negotiations for a multilateral treaty which are being conducted within
the framework of the Third United Nations Conference on the Law of the Sea .
                             Article 16
The Annexes form an integral part of this Agreement and , unless otherwise
specified , a reference to this Agreement constitutes a reference to its
Annexes .
                             Article 17
This Agreement shall be concluded . for an initial period of two years running
from the date of its entry into force .   In the event of the Agreement not
being terminated by either Party through notice of termination given at
least six months before the expiry of that two-year period , it shall remain
in force for additional periods of one year , provided that notice of ter­
mination has not been given at least three months before the expiry of
each yearly term .
Negotiations shall then take place between the Parties to determine by
mutual agreement the amendments or additions to be made to the Annexes
or the Protocol referred to in Article 9 .
                             Article 18
This Agreement shall enter into force on the date on which the Parties
notify each other of the completion of the procedures necessary for this
purpose .
In witness whereof the undersigned , being duly authorized for this purpose ,
have signed this Agreement .
Done at                  ,
in duplicate in the Danish , Dutch , English , French , German and Italian
languages , each of these texts being equally authentic . -
 ---pagebreak---                                    ANNEX I
  CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES IN SENEGAL 'S FISHING
      ZONE BY VESSELS FLYING THE FLAGS OF MEMBER STATES OF THE EUROPEAN
                                ECONOMIC COMMUNITY
  Licence application and issuing formalities
  The procedure for applications for and issue of the annual licences enablin
  vessels flying the flags of Member States of the Community to fish in Sene­
  galese waters shall be as follows :
• The relevant Community authorities must present to the relevant Senegalese
  authorities ( MDR ) ( 1 ) an application for each vessel that wishes to fish
  under this Agreement .
  The application shall be made on the forms provided for that purpose by
  the Government of Senegal .      A specimen is annexed hereto .
  The fees are set according to the following scale :
                                              t
         ( a ) trawlers landing their entire catch :
                     CFAF 7 500 per grt per year
         ( b ) trawlers not landing their entire catch :
                     CFAF 15 000 per grt per year                 ,
         ( c ) tuna boats landing their entire catch :
                     CFAF 1 per kg of fish caught per year
         ( d ) tuna boats not landing their entire catch :
                     CFAF 2 per kg of fish caught per year
  The fee shall be for one year , regardless of the period for which the
licence is valid , except in the case referred to in Article 4 ( 6) of the
  Agreement and in that referred to in paragraph 3 below .
  For licences issued between the date when this Agreement becomes operative
  and 1 January following that' date , the fee shall be in proportion to the
  period for which they are valid .
  ( 1 ) Ministère du développement rural - Ministry of Rural Development
 ---pagebreak---                                    - 2 -
4. The relevant Senegalese authorities shall examine each application to
    see that it complies with this Agreement and with Senegalese legisla­
    tion and shall apply the scale of fees to be paid .
    The relevant Senegalese authorities shall inform the Community autho­
    rities of these decisions .
5 . The licences issued upon payment of the fees shall be valid for a given
    vessel and shall not be transferable .
6 . Should there be any difficulties or additional information needed when
    applications are examined and licences issued / consultations shall be
    held between the representatives of the Contracting Parties , in parti­
    cular through the Direction de 1 1 Oceanographie et des Peches maritimes
    ( Directorate for Oceanography and Sea Fisheries ) and the Delegation of
    the Commission of the European Communities in Dakar .
B. Statement of catch
    All vessels authorized to fish in Senegalese waters under this Agreement
    shall be obliged to forward to the Direction de l'0c6anographie et des
    Peches maritimes a statement of their catch made out according     to the
    attached specimen .
    A statement of catch must be presented after each trip for wet vessels
    or every month for freezer vessels , and in this case before the end of
    the following month .
    Shall these provisions not be adhered to , the Government of Senegal
    reserves the right to suspend the licence of the offending vessel until
    the formality has been accomplished .   In addition , the penalty provided
    under Article 49 of Senegal 's Sea Fishing Code shall be inflicted upon
    the owner of the said vessel .
C. Landing of catch
    Vessels authorized to fish in Senegalese waters under this Agreement shall
    be obliged to land part or all of their catch, depending on the type of
     fishing practised .                              '         '
 ---pagebreak---                                     - 3 -
1 . Wet trawlers and tuna boats shall land their entire catch in Senegal .
    Where catches are made in fishing zones that are not under Senegal 's
    sovereignty or jurisdiction , the Parties shall consult within the Joint
    Committee in order to set the percentage of the catch to be landed in
    Senegal .
2 . During the first year of application of the Agreement , freezer tuna boats
    may be obliged to land up to 4 000 tonnes of tuna on price terms to be
    worked out between the shipowners and the users concerned on the basis
    of the selling prices charged by those same shipowners on their market ;
    the terms for landings in subsequent years shall be determined within
    the Joint Committee by mutual agreement with the shipowners concerned
    on the basis of catches made during the preceding year in Senegal 's
    fishing zone .
3 . Every six months , freezer trawlers shall land 100 kg of fish and crus­
    taceans per gross register ton .
    Any failure to comply with the obligation to land catches shall render
    the shipowner liable to the following sanctions on the part of the Sene­
    galese authorities :
          1 . Fine of CFAF 25 000 per tonne not landed ;
                                                                *
          2 . Withdrawal of the licence , which shall not be renewed until
              the quantities due have been delivered .
D. Training grants
    The two Parties agree that an essential condition for the success of
    their cooperation is that the competence and knownow of persons engaged'
    in sea fishing should be improved .    To this end , the European Economic
    Community shall make it easier for Senegalese nationals to find places
    in establishments in its Member States and shall provide study and trai­
    ning grants for that purpose in the various scientific , technical and
    economic subjects connected with fisheries .
                                                                   t
                                                                     mmmtmm
 ---pagebreak---                                     - 4 -
E. Fishrng zones
   The fishing zones referred to in Article A of the Senegal-EEC Agreement
   on Fisheries shall be as follows :
        ( a ) wet trawlers and freezer vessels engaged in near-water fishing
               as defined in Article 5 of Senegal 's Sea Fishing Code shall be
               authorized to fish outside the limit of the first six nautical
               miles of the waters under Senegalese jurisdiction ;
         ( b ) freezer trawlers engaged in distant-water fishing shall be autho­
               rized to fish outside the limit of the first twelve nautical miles
               of the waters under Senegalese jurisdiction ;
         ( c ) wet and freezer tuna boats shall be authorized to fish throughout
               the waters under Senegalese jurisdiction .
   The extent of the waters under Senegalese jurisdiction is measured from
   the baselines defined in Decret n° 72-756 of 5 July 1972 .
                                                                   I
 ---pagebreak---                                                        Addendum to Annex I – A–I
REPUBLIC OP SENEGAL
One people – One goal - One faith
MINISTRY OP RURAL DEVELOPMENT AND
       WATER ENGINEERING
DIRECTORATE FOR OCEANOGRAPHY AND
       SEA FISHERIES
                             APPLICATION FORM FOR FISHTTTG LICENCE
          NB : The form issued by the Senegalese authorities is in French only.
 ---pagebreak--- APPLI CANT
Name and first name :
Date of birth :
Occupation :
Trade Register N     :
Style of firm :
Number of employees :
        Permanent  :
        Temporary :
Annual turnover :
 Address   :
 VES5EL
 Name :
 Registration N0 :
 Date and place of construction :
 Original nationality s
 Date of transfer to Senegalese flag
 Lengths :
 ---pagebreak---    Widths s
Gross register tons :
Net register tons s
Engine type and rating :
Number of seamen aboard :
Type of fishing :
        A. Trawling :
            Length of trawl :
            Opening s
            Mesh size in the body
        B. Sardine fishing :
            Length of net s
            Depth of net :
         C. Tuna fishing :
            Number of poles :
            Length of net :
            Number of bait tanks
            Volume of bait tanks
 ---pagebreak---              Live bait ?
             Purse seine ?
Is "the vessel a freezer vessel ?
If so :
             Total freezing power :
             Freezing capacity :
             Storage capacity :
SHORE INSTALLATIONS
Address and permit N
Style of firm :
Activities :
             Domestic wholesale fish trading :
             Exploitation export wholesaling :
Type and N   of wholesale trader 's card s
Description of cold store and technical installations
Number of employees :
             Permanent s
             Temporary :
 ---pagebreak--- Technical notes "by the Director for Fisheries
Authorization of the Minister for Rural Development
 ---pagebreak---                                                                                                Addendum to Annex I – B.I ,
NA!® OF VESSEL                                                                                 Shipowner »
                                  STATEMENT OF CATCH                                           Consignee :
                                                                                               Licence N   *
                                  FISHING TACKLE USED                                        • Engine rating s
                                                                                               Gross register tone i
                                                                SEINE                               OTHER TACKLE
               TRAWL
Type and number • • • • •                        Type • • • • •
Kesh size in cod end                             Kesh size
Head line                                         Length ...
Rigging                                           Depth ....
                                               I1TF0RY-ATI0N ON FISHING ACTIVITIES
                                                                                                           Date in
      Date out
     Date                 Fishing zone         Sounding               Time spent fishing  Species caught         Weight landed
1st day                                                                                   1
                                                                                          2
 2nd day
                                                                                           3
 3rd day
                                                                                          4
 4th day
                                                                                          5
 5th day                                                                                  6
 6th day
                                                                                          7
 7th day
                                                                                          8
 8th day
                                                                                          9
 9th day
                                                                                         10
 LOth day
                                                                                         11
 11th day
                                                                                         12
 12th day
 13th  day                                                                               13
 14th  day                                                                               14
 ISth  day                                                                               15
 ---pagebreak---                                                   -    1 --r.dv.m to Annex I - B . II .
    REPUBLIC OP SENEGAL
MINISTRY OP RURAL DEVELOPMENT
DIRECTORATE FOR OCEANOGRAPHY AND
       SEA FISHERIES
                                                    Statement of fishing activities
Name of vessel
Type of fishing
Permit N°
Home port
Catches
      Species           Tonnage               Tonnage not                  Total
                        landed                landed
Albacore or bigeye
Skipjack
Other tuna
Total
                                                                         »
I , the undersigned ,                                      owner of the above vessel
or his duly authorized representative , hereby certify that the above statement
conforms to the actual catches made by my vessel .
                        Done at                              ,
                                       signature and seal of shipowner
 ---pagebreak---                                   ANÏÏEX TT
                     PROCEDURE FOR SETTLEMENTS OF DISPUTES
    The two parties undertake to submit any disputes that may occur "between them
    as to the interpretation or the application of this Agreement , apart from those
    relating to the exercise by Senegal of its sovereign rights over the waters off
    its coast , to the following arbitration procedure , should it prove impossible
    to settle them under Article 10 s
1 . Within two months of the date on which either Party formally request that a
    dispute be submitted to arbitration in accordance with this Article of the
    Agreement , each Contracting Party shall appoint one member of the arbitral
    tribunal and these two members shall , within three months of the same date ,
    appoint , by mutual agreement and on behalf of the two Parties , a national of a
    third State as the third member of the tribunal .
2 . The Contracting Party requesting arbitration shall submit , when its request is
    treated , a statement of its claim and the grounds on which such claim is based .
3 . The arbitral tribunal shall reach its decisions by majority vote , basing them
    on this Agreement and on the other rules of international law . Decisions shall
    be binding on the two Parties .     The cost of arbitration shall normally be borne
    by the two Contracting Parties in equal shares .
                               PROTOCOL
             between the European Economic Community and the Government of the
             Republic of Senegal
    THE PARTIES TO THIS PROTOCOL
    HAVING REGARD TO the Agreement between the European Economic Community and
    the Government of the Republic of Senegal on fisheries off the coast of Senegal ,
    signed on                          ,
    HAVE AGREED AS FOLLOWS s
                                 Article 1 ■
    The limits referred to in Article 4 of the abovementioned Agreement shall be
    set as follows for the first two years of application of that Agreement :
 ---pagebreak--- 1.  Tuna boats obliged                                               3 300 grt
2.  Trawlers obliged              to land their entire               1 600 grt
3.  Tuna boats not obliged        catch in Sénégal                  23 300 grt
4.  Trawlers not obliged                                            12 300 grt
                              Article 2
The compensation referred to in Article 9 of the Agreement shall be set for
the first two years of application of the Agreement at two thousand five
hundred million CFA francs .
                              Article 3
1 . The use to which the compensation provided for in Article 2 is put shall be
the sole responsibility of the Government of Senegal .
2 . The Government of Senegal shall inform the European Economic Community of
the programme for the use of the compensation .
                              Article &
                                                                ι
1 . The compensation provided for in Article 2 shall be mobilized in accordance
with a procedure to be laid down in an exchange of letters .
2 . The compensation shall be paid into an account opened with a financial
institution chosen by the Government of Senegal or in the books o.f the Treasurer-
General of Senegal .
                              Article 5
If the European Economic Community fails to make the payments provided for in
this Protocol , the Agreement on Fisheries shall be suspended .
                              Article 6         -                 .   .
This Protocol shall enter into force on the date on which the Parties notify
each other of the completion of the procedures necessary for this purpose .
 ---pagebreak--- In witness whereof , the undersigned , being duly authorized for this purpose ,
have signed this Protocol .
Done at                              , on                       ■       ,
in duplicate in the Danish , Dutch , English , French , German , and Italian
languages , each of these texts being equally authentic .
                                                                    f
 ---pagebreak---                                                     From the Chairman of "the Senegalese
                                                    Delegation to the Chairman of the
                                                    European Economic Community
                                                    Delegation .
Sir .
With reference to the Agreement between the Government of the Republic of
Senegal and the European Community signed today , I have the honour to inform
you that my Government reserves the right to make the granting of fishing licences
to vessels flying the flag of a Member State of the Community and fishing under
the Agreement on Fisheries negotiated between us subject to the obligation to
take on board Senegalese nationals under the following conditions . :
1 . Vessels authorized to fish in Senegalese waters under the Agreement on
Fisheries shall be obliged to take on board Senegalese registered seamen up to
a proportion of 33$ of their crew. The personnel at present available have the
                                              »
following qualifications :
       ( a) First mate of vessel up to 300 grt
       (b)  First engineer of vessel up to 800 CV
       ( c) Deck officer of vessel up to 500 grt
       ( d) Engineer officer of vessel up to 3 500 CV
       ( e) Boatswain of vessel up to 300 grt
       ( f) Seaman
       ( g) Ship 's greaser                                           t
       (h)  Ship 's cook and steward .
Whore a vosaol authorized to fish in Senegalese waters has at least three crew
officers - in the deck or engine–room service , the crew of that vessel must include
at least one Senegalese national having one of the qualifications mentioned under
( a) or (b) above .
2 . The number of seamen freezer tunny boats shall be obliged to take on shall be
determined in overall terms , account being taken of the scale of their activities
in Senegal 's fishing zone and the number of crew members of other nationalities
from countries whose fishing zones the fleet frequents .            <
I should be obliged if you would acknowledge receipt of this letter .
                                                                  ι
Please accept , Sir , the assurance of my highest consideration .
 ---pagebreak---                                          From the Chairman of the European
                                         Economic Community Delegation to
                                         the Chairman of the Senegalese
                                         Delegation
Sir ,
I am m receipt of your letter of today 's date , which reads as follows
I have the honour to inform you that the Community will have the letter
published in order to bring its content to the attention of the shipowners
concerned .
Please accept , Sir , the assurance of my highest consideration .
 ---pagebreak---                                               From the Chairman of the European
                                              Economic Community Delegation to the
                                              Chairman of the Senegalese Delegation
Sir .
With reference to the Protocol between the European Economic Community and
the Government of the Republic of. Senegal Annexed to the Agreement on
Fisheries signed today , I have the honour to confirm that the amount of the
compensation laid down in that Protocol for the first two years of application
of the Agreement on Fisheries is "by way of "being an agreed amount and in no
way prejudices what could be agreed for the following years on the basis of
precise statistical and economic data on'the catches made by the different
categories of vessel' in Senegal 's fishing zone .
I should be obliged if you would confirm that your Government is in agreement
with this interpretation .                                   %
Please accept , Sir , the assurance of my highest consideration . •
 ---pagebreak---                                              From the Chairman of the Senegalese
                                             Delegation to the Chairman of the
                                             European Economic Community Delegation
Sir .
I am in receipt of your letter of today 's date , which reads as follows t
I have the honour to confirm that the Government of the Republio of Senegal
is in agreement with this interpretation .
Please accept , Sir , the assurance of my highest consideration .
                                                                 7
 ---pagebreak---                        FINANCIAL                 fïTAT RMGNT
                                                                                                                                         I
                                                                                             î>tTft i ïïay. 22, I979                     |
  | 1. IWBCS.T UNS COHCUtrca t 892                                                                                                       I
      2. ACTICÏ' t-r.        .             ...               ..   _            ...
                   Draft Agreement between the Government of the Republic of Senegal and the
           European Economic Community on fisheries off the coast of Senegal . *                                                    •:
     i. LECAL B**iI3 I     «   .   .,
                           Art . 43 EEC
     4 . 0BJECT1 VE3 I
                       . Compensations fisheries agreement
                                                                                                                                          •j
 [ 5. fihajiciai. cr:.iEsri^:cE
    5.0 Dcrr:nru:-?2
    *.o   Exrrrri7u:«                               iI'OR THE KAMO.TINO TEAR
                                                    I
                                                                                 CURRSfT FINANCIAL TEAR
                                                                                            )        :    1
                                                                                                              -clixw:K3 mAscuu. rr.vi
                                                                                                                      !      )             ;
 I-CllAfliDTO TKEEC BUDGET
           ( R:>T;i;6/iNr-HVu;Tic;.j )
          -OUR3E3 TO BATICVAl
                        KAT1CVAL AEMW1STH.
                                  AIM
          -aiABCEB TO OTHER NATIONAL CROUPS
                                                                                   4,5 mio UCE                      4,5 mió UCE
    5.1 *ECriFT3
          •c-ri            cr r*s ec                                                                                                      *
           ( levie/custc;^ z*jties )
                                                                                                                                       ■
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                                                      TEAX            i         TEiX -                       Tri»                         I
    5.0.1 FUL'RX A .VNUAL FATTL7JI OP DCPE?ft>ITUWC
    5*1*1 FLURI AWJAL PATTDOf 0F RECQPT3
                                                                                                                                         I
                                                                                                                                         i
   5*2 XETi.OO or CALCJUÎIO*
                                       Amount for two years : 2,500 mill CFA + study and training
                                       grants to be determined                                              «
                                         *                                                                          »
   6.0 FINANCING FCC3IBLE WITH CR£SIT3 IXZZA : i£D IN AELEVAI.T CHAPTER 0? CURrt^N? B*JD5ET ?                           tiz/so
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  6.2 ntc^in KM a OUÏ rLi:.ii.rART BUDG.TT 7                                                                            jBX/HO
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