AGREEMENT in the form of an exchange of letters concerning the provisional application of the Agreement between the European Economic Community and the Government of the Republic of Senegal amending, for the second time, the Agreement on fishing off the coast of Senegal, and the new Protocol thereto

A. Letter from the Government of the Republic of Senegal

Sir,

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 and amended by the Agreement signed on 21 January 1982, 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 today's date 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 of the Republic of Senegal

B. Letter from the European Economic Community

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 the Government of the Republic of Senegal amending the Agreement on fishing off the coast of Senegal signed on 15 June 1979 and amended by the Agreement signed on 21 January 1982, 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 today's date 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."

I have the honour to inform you that the Community accepts the provisional application of the Agreement and of its Protocol under the conditions referred to in your letter.

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

On behalf of the Council of the European Communities

DRAFT AGREEMENT between the European Economic Community and the Government of the Republic of Senegal amending, for the second time, the Agreement on fishing off the coast of Senegal

Article 1

The amendments made to the Agreement of 15 June 1979 by the Agreement of 21 January 1982 are hereby re-adopted with the following amendments: 1. Point (c) of paragraph 1.6 of part A of Annex I shall read as follows:

"(c) freezer trawlers not landing their entire catch and fishing for a specific four-month period for each vessel according to an overall fisheries plan communicated twice-yearly by the Community to the Senegalese Government : CFAF 10 500 per gross register tonne;"

2. Part F of Annex I shall read as follows:

"F. Signing on of observers or observer-seamen 1. When fishing in Senegalese waters, freezer trawlers of over 500 gross register tonnes flying the flags of Member States of the Community shall take on board an observer designated by Senegal. The master shall facilitate the work of the observer who shall be treated on an equal footing with the officers of the vessel concerned.

2. Freezer trawlers of less than 500 gross register tonnes shall sign on an observer-seaman designated by Senegal. The master shall facilitate the work done by the observer-seaman in addition to actual fishing operations. The shipowner shall pay the observer-seaman the going rate for a seaman.

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

4. Board and lodging shall be provided for the observer by the shipowner at the latter's expense. His meals shall 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.

5. The shipowner shall pay the Senegalese Government CFAF 3 500 per day spent by an observer-seaman on board the vessel and CFAF 8 000 for an observer. A deposit equivalent to 60-days' activity at sea shall be lodged when the licence is collected. Payments shall be made after each trip."

Article 2

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.

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 16 January 1984 to 15 January 1986

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 and by the Agreement signed on ...,

HAVE AGREED AS FOLLOWS:

Article 1

The limits referred to in Article 4 of the abovementioned Agreement shall be set as follows: >PIC FILE= "T0025581">

Article 2

1. The compensation referred to in Article 9 of the Agreement shall be set at CFAF 3 000 million to be mobilized in two annual instalments.

2. The compensation shall be paid out in accordance with the following procedure: - for one-quarter, into an account opened in the name of the State Secretariat for Sea Fisheries,

- for three-quarters, 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 each other of the completion of the procedures necessary for this purpose.