Protocol on the implementation of the Agreement on a Sustainable Fisheries Pa... (22019A1120(02))
Protocol on the implementation of the Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal
- PROTOCOL
- on the implementation of the Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal
- Article 1
- Purpose
- Article 2
- General provisions
- Article 3
- Scope
- Article 4
- Financial contribution
- Article 5
- Sectoral support
- Article 6
- Scientific cooperation
- Article 7
- Economic cooperation and exploitation
- Article 8
- Adjustment of fishing opportunities and review of the provisions governing fishing activities
- Article 9
- Incidental catches
- Article 10
- New fishing opportunities and exploratory fishing
- Article 11
- Electronic communication
- Article 12
- Confidentiality of data
- Article 13
- Suspension
- Article 14
- Termination
- Article 15
- Duration
- Article 16
- Provisional application
- Article 17
- Entry into force
- ANNEX
- CONDITIONS GOVERNING FISHING ACTIVITIES BY UNION VESSELS IN SENEGALESE FISHING ZONES
- CHAPTER I
- General provisions
- 1. Designation of the competent authority
- 2. Fishing zones
- 3. Biological rest periods
- 4. Designation of an agent
- 5. Bank account for payments by vessel owners
- 6. Contacts
- CHAPTER II
- Fishing authorisations
- 1. Conditions for obtaining a fishing authorisation – eligible vessels
- 2. Applications for fishing authorisations
- 3. Fees and flat‐rate advances
- 4. Issuing of fishing authorisations and provisional list of vessels authorised to fish
- 5. Transfer of fishing authorisations
- 6. Period of validity of licences
- 7. Support vessels
- CHAPTER III
- Technical measures
- CHAPTER IV
- Monitoring, control and surveillance
- Section 1
- Monitoring and reporting of catches
- 1. Electronic fishing logbook
- 2. Aggregate catch data
- 3. Transition to an electronic fishing data reporting system (ERS)
- 4. Statement of fees
- Section 2
- Entering and leaving Senegalese waters
- Section 3
- Entry into port, transhipment and landings
- 1. Vessels shall notify the competent authority of their entry into port at least 72 hours in advance.
- 2. Pole‐and‐line vessels shall land catches made in Senegal’s fishing zones at the port of Dakar.
- 3. All Union fishing vessels operating under this Protocol which carry out transhipments in Senegalese waters shall do so in accordance with Senegalese legislation.
- 4. Transhipment requests shall include the following information:
- 5. Any transhipment or landing of catches not covered by points 1 to 4 above shall be prohibited in Senegalese waters. Any person infringing this provision shall be liable to the penalties provided for by the applicable Senegalese regulations.
- Section 4
- Satellite‐based vessel monitoring system (VMS)
- 1. Vessel position messages – VMS
- 2. Secure communication of position messages to Senegal
- 3. Validity of VMS messages in the case of dispute
- Section 5
- Observers
- 1. Observation of fishing activities
- 2. Designated vessels and observers
- 3. Flat‐rate financial contribution
- 4. Observer’s salary
- 5. Conditions on board
- 6. Obligations of the observer
- 7. Observer’s boarding and leaving the vessel
- 8. Tasks of the observer
- 9. Observer’s report
- Section 6
- Inspections at sea or in port
- 1. Inspections at sea
- 2. Inspections in port
- Section 7
- Infringements
- 1. Handling of infringements
- 2. Detention of vessels – information meeting
- 3. Penalties for infringements – compromise procedure
- 4. Legal proceedings – bank security
- 5. Release of the vessel and the crew
- Section 8
- Participatory monitoring in the fight against IUU fishing
- 1. Objective
- 2. Procedure
- 3. Reciprocity
- CHAPTER V
- Signing‐on of seamen
- 1. Owners of Union fishing vessels operating under this Protocol shall employ nationals of the African, Caribbean and Pacific Group of States (ACP), subject to the following conditions and limits:
- 2. Vessel owners shall endeavour to sign on Senegalese seamen.
- 3. The principles and rights enshrined in the International Labour Organization (ILO) core conventions shall apply to seamen taken on board Union fishing vessels. These include, in particular, the freedom of association, effective recognition of the right to collective bargaining, and elimination of discrimination in respect of employment and occupation.
- 4. The employment contracts of Senegalese seamen, a copy of which shall be given to the maritime authority and the signatories of the contracts, shall be drawn up between the vessel owners’ representative(s) and the seamen and/or the seamen’s trade unions or representatives. These contracts shall ensure that the seamen have decent living and working conditions on board and the social security cover applicable to them, in accordance with the relevant legislation and the ILO standards, including life assurance and sickness and accident insurance.
- 5. The wages of seamen from ACP countries shall be paid by the vessel owners. They shall be set by mutual agreement between the vessel owners, or vessel owner’s representatives, and the seamen and/or the seamen’s trade unions or representatives. The wages of seamen from ACP countries shall not, however, be below ILO standards.
- 6. All seamen recruited by Union fishing vessels shall report to the master of the designated vessel on the day before their proposed signing‐on date. If a seaman fails to appear at the agreed date and time of signing‐on, the vessel owner shall be automatically absolved of the obligation to take the seaman on board.
- 7. Vessel owners shall transmit on an annual basis information on seamen signed on. This information shall include the number of seamen who are nationals of:
- Appendices to the Annex
- Appendix 1
- SENEGAL‐EUROPEAN UNION FISHERIES AGREEMENT
- Appendix 2
- TECHNICAL SHEET FOR DEEP‐WATER DEMERSAL SPECIES
- Appendix 3
- TECHNICAL SHEET FOR FREEZER TUNA SEINERS, POLE‐AND‐LINE VESSELS AND SURFACE LONGLINERS
- 1. Fishing zones
- 2. Prohibited species
- 3. Gear and species
- 4. Vessel owners’ fees – number of vessels:
- Appendix 4
- Electronic fishing logbook (ERS)
- 1. ERS communications
- 2. Failure of the electronic transmission system on board the vessel or of the communication system
- 3. Alternative means of communication
- Appendix 5
- Satellite‐based vessel monitoring system (VMS)
- 1. Vessel position messages – VMS
- 2. Transmission by the vessel in the event of breakdown of the VMS
- 3. Malfunction of the communication system
- 4. Revision of the frequency of position messages
- 5. Communication of VMS messages to Senegal
- Appendix 6
- Contact details of the authorities of Senegal and the flag member states
- SENEGAL:
- 1. Maritime Fisheries Directorate
- 2. For applications for fishing authorisations
- 3. Fisheries Protection and Monitoring Directorate (Direction de la Protection et de la Surveillance des Pêches) (DPSP) and entry and exit notification
- 4. Oceanographic Research Centre of Dakar‐Thiaroye (Centre de Recherche Océanographique de Dakar Thiaroye) (CRODT)
- FLAG MEMBER STATES:
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