++++

( 1 ) OJ No C 125 , 17 . 5 . 1982 , p . 188 .

( 2 ) OJ No L 226 , 29 . 8 . 1980 , p . 17 .

( 3 ) OJ No L 379 , 31 . 12 . 1981 , p . 64 .

( 4 ) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council .

COUNCIL DECISION

of 19 July 1982

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 , and of the Protocol referring thereto

( 82/531/EEC )

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 ( 1 ) ,

Whereas the Community and Senegal have conducted negotiations in accordance with the second subparagraph of Article 17 of the Agreement between the Government of the Republic of Senegal and the European Economic Community on fishing off the coast of Senegal ( 2 ) , 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 , an agreement amending the abovementioned fisheries agreement and a protocol were signed on 21 January 1982 ;

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

Whereas the conclusion of the Agreement renders nugatory Council Decision 81/1055/EEC of 21 December 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 Senegal , and of the Protocol thereto ( 3 ) ,

HAS DECIDED AS FOLLOWS :

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 , referring thereto , are hereby approved on behalf of the Community .

The texts referred to in the first subparagraph are attached to this Decision .

Article 2

The President of the Council shall give the notification provided for in Article 2 of the Agreement ( 4 ) .

Article 3

Decision 81/1055/EEC is hereby repealed with effect from the date of entry into force of the Agreement .

Done at Brussels , 19 July 1982 .

For the Council

The President

B . WESTH

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

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 subparagraph 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 subparagraph 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 ) ( 1 ) an application for each vessel that wishes 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 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 the 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 .

1.6 . The fees are set according to the following scale :

( a ) trawlers landing their entire catch :

CFAF 8 500 per gross register tonne per year for shrimp boats ,

CFAF 7 500 per gross register tonne per year for fish boats ;

( b ) trawlers not landing their entire catch and fishing throughout the year :

CFAF 17 000 per gross register tonne per year for shrimp boats ,

CFAF 15 000 per gross register tonne per year for fish boats ;

( 1 ) Secrétariat d'Etat 脿 la Pèche Maritime ( State Secretariat for Sea Fisheries ) .

( 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 tonne ;

( d ) tuna boats landing their entire catch :

CFAF 2 per kilogram of fish caught ;

( e ) tuna boats not landing their entire catch :

CFAF 6 per kilogram 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 :

( a ) the special licences referred to under 1.5 ;

( 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 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 connected with fisheries . "

V . The following point shall be added to Annex I :

" F . 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 shall be served in the officer's 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 .

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 procedures necessary for this purpose .

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 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 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 tonnes ;

2 . trawlers obliged to land their entire catch in Senegal : 2 150 gross register tonnes ;

3 . tuna boats not obliged to land their entire catch in Senegal : 23 300 gross register tonnes ;

4 . trawlers not obliged to land their entire catch in Senegal

( a ) for the whole year 5 000 gross register tonnes ;

( b ) for a four-month period between 1 April and 30 September 9 000 gross register tonnes 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 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 one-third into an account opened in the name of the State Secretariat for Sea Fisheries ,

_ for two-thirds into the account of the Treasurer-General of Senegal .

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 .