Convention On Co-Operation With Respect To Marine Fishing (With Exchange Of Letters) Between the Government of Spain and the Government of the Republic of Senegal.
Source: United Nations Treaty Series, Vol. 1047, No. 15759.
[TRANSLATION]
The Government of Spain and the Government of the Republic of Senegal,
Being resolved to base their relations on mutual understanding, reciprocal trust and respect for their mutual interests in the field of marine fishing,
Convinced of the need to unite the efforts of all countries in order to ensure the conservation of fishery resources in the Central and South Atlantic,
Have agreed on the following provisions:
Article 1.
The Government of Spain and the Government of the Republic of Senegal consider this Convention to be the instrument which shall henceforth govern their relations with respect to marine fishing.
Article 2.
The Government of the Republic of Senegal grants to vessels flying the Spanish flag the right to fish anywhere within the waters under Senegalese jurisdiction, on the conditions applicable to vessels of the nationality of countries with which Senegal has signed a fishing agreement.
Article 3.
Spanish vessels authorized under this Convention to fish anywhere within the waters under Senegalese jurisdiction shall be in possession of a fishing-vessel owner's licence issued on the conditions specified by the laws and regulations in force in Senegal.
Article 4.
Trawlers of Spanish nationality shall receive a licence to fish with towed gear in accordance with the laws and regulations in force in Senegal. In the case of freezer trawlers, licences to fish shall be issued to vessels of not more than 700 gross registered tons.
Article 5.
Tuna-fishing vessels of Spanish nationality which have temporarily or permanently chosen a Senegalese port as their home port or their base of operations and which participate in the Senegalese tuna-fishing expeditions shall receive a tuna-fishing licence in accordance with the laws and regulations in force in Senegal. The licence shall be valid anywhere within the waters under Senegalese jurisdiction.
Fresh fishery products of refrigerated tuna-fishing vessels based in Senegal under this Convention shall be landed for account of the national association of tuna-fishing shipowners, which undertakes to ensure the consignment of such units.
The sale prices and procedures for delivery of such products shall be the subject of a private agreement concluded for specified periods between the national association and the Spanish shipowners. Such agreements shall be deemed to constitute annexes to this Convention.
Frozen products of Spanish tuna-fishers authorized to fish in Senegalese waters shall be sold in part to the national association of tuna-fishing shipowners. The amount of frozen tuna to be landed for account of the national association and the sale price of such tuna shall be the subject of private agreements, which shall be deemed to constitute annexes to this Convention.
Article 6.
Fishery products landed in Senegal by vessels of Senegalese or Spanish nationality which have been subjected to processing in industries established in Senegal shall receive identical treatment upon entry into the Spanish customs territory.
Article 7.
The Government of Spain shall make credits available to the Government of the Republic of Senegal in consideration of the provisions of articles 2, 3, 4 and 5 of this Convention.
The purpose of such credits, which shall be guaranteed by the Senegalese State, shall be to strengthen economic co-operation between the two countries in the rural development sector generally and in the field of fisheries in particular.
The amount and nature of the credits granted, the terms on which they are made available and the procedures for repayment shall be the subject of a financial agreement.
Article 8.
The Government of Spain and the Government of the Republic of Senegal undertake to promote co-operation in the fishery sector by encouraging the investment of Spanish capital in Senegal for the creation of joint ventures, in which Spanish fishing vessels may be used under private agreements. To that end, the two Governments shall accord all financial facilities provided for in their respective laws with the aim of furthering the attainment of their objectives.
Article 9.
The Government of Spain and the Government of the Republic of Senegal agree that the position of their two countries in the Atlantic and their interest in the conservation and rational exploitation of fishery resources require a strengthening of their scientific co-operation.
To that end, the competent agencies shall co-ordinate their research by organizing joint scientific missions on study topics to be decided upon each year by their research institutes and relating to subjects of common interest.
Research leading to practical applications for the protection of resources and their environment shall have priority.
The competent agencies of the two countries shall exchange all such scientific information as may contribute to a better knowledge of species.
In addition, the two Governments shall hold consultations in the context of international organizations with a view to adopting appropriate measures aimed at safeguarding their fishing interests.
Article 10.
The Government of Spain and the Government of Senegal agree that improvement of the competence and expertise of personnel engaged in marine fishing is a vital factor for the success of their co-operation.
The Spanish Government accordingly undertakes to accept Senegalese nationals in its establishments and to make available to them study and training fellowships in the various scientific, technical and economic disciplines relating to fisheries.
Article 11. A Spanish-Senegalese Mixed Commission shall be established to keep under review any problems that may arise in the course of co-operation with respect to fishing between the two countries. The Commission shall meet at least once a year, alternately in the two countries.
Article 12.
This Convention shall be valid for a period of four years and shall be automatically renewed, unless denounced by one of the Contracting Parties.
Notice of denunciation shall be given through the diplomatic channel six months in advance.
This Convention shall enter into force on the date of exchange of instruments of ratification.
DONE at Dakar on 16 May 1975 [,in duplicate in the Spanish and French languages, both texts being equally authentic]. [Text between brackets appears only in the authentic Spanish text]
For the Government of Spain:
[Signed]
JOSE LUIS OCHOA OCHOA
[Ambassador of Spain to Senegal]
For the Government of the Republic of Senegal:
[Signed]
ADRIEN SENGHOR
[Minister of Rural Development]
EXCHANGE OF LETTERS
Note I
Sir,
During the negotiations which took place with a view to the elaboration of the Spanish-Senegalese Convention on co-operation with respect to marine fishing, signed today, our two delegations agreed to place upon the provisions of the Convention the following interpretation:
A. PROCEDURES FOR ISSUING AUTHORIZATIONS TO FISH
For a period of four years from the date of entry into force of the Convention, and subject to a ceiling to be established each year on the number of vessels and comprising for the year 1975:
- 36 freezer tuna-fishing vessels together with their live-bait fishing gear;
- 56 freezer shrimp-fishing vessels;
- 20 mixed trawlers,
the Government of the Republic of Senegal shall issue fishing licences to Spanish shipowners.
Spanish shipowners wishing to obtain such fishing licences shall submit their applications to the competent Senegalese Ministry through the Embassy of Spain at Dakar.
The application shall be accompanied by a form in accordance with the model annexed hereto. The form shall be duly completed and certified by the Spanish competent department.
Licences for vessels using towed gear (shrimp-fishing vessels, trawlers) shall be issued against payment of an annual fee computed on the basis of 7,500 CFA francs per gross registered ton.
Payment for such licences shall be made in full at the time when they are issued and validated.
Licences for tuna-fishing vessels shall be issued without payment of any fee. However, tuna-fishing vessels participating in the "Senegalese tuna-fishing expeditions", an institution established by the Government of the Republic of Senegal, shall pay a contribution to the Senegalese Fishery Promotion Fund. The amount of the contribution shall be determined by an order of the Minister of Finance of the Republic of Senegal. It is at present set at the rate of one CFA franc per kilo of tuna landed.
Owners of tuna-fishing vessels landing fresh fish must present, when collecting their licences, a certified true copy of their contract with the national association of tuna-fishing shipowners for the purchase of their catch.
Freezer tuna-fishing vessels shall not be required to comply with this formality. However, it is agreed that approximately 4,000 tons per year of their catch within the waters under Senegalese jurisdiction shall be landed for account of the national tuna-fishing association, throughout the term of the Convention, upon request by the Senegalese Party.
A quota of 1,400 tons of shellfish of every kind shall also be landed, upon request by the Senegalese Party, for account of Senegalese enterprises designated by the Government of the Republic of Senegal.
The entire catch taken by Spanish shrimp-fishing vessels shall be landed and placed, free of cost, at the disposal of the Government of the Republic of Senegal.
The procedures for determining the sale price of tuna and shellfish of every kind shall be the subject of private agreements between the purchasers and the Spanish shipowners.
B. SENEGALESE SEAMEN SERVING ON SPANISH VESSELS
Up to 30 per cent of the crew of Spanish vessels shall consist of Senegalese seamen. They shall be recruited from a roster submitted to the Spanish competent authorities by the Senegalese competent authorities. The Spanish competent authorities shall deliver to the Senegalese competent authorities, every six months, a statement showing specifically:
- the number of Senegalese seamen serving on board Spanish vessels;
- the date on which they were hired;
- the wages and allowances paid to each seaman.
In addition, for the purpose of contributing to the training of Senegalese personnel, Spanish vessels authorized to fish in Senegalese waters shall accept Senegalese nationals on board for periods of training.
C. IMPORTS TO SPAIN OF CANNED TUNA
The [Spanish] Government [shall establish, for the year 1975, a quota erga omnes of 500 tons of canned tuna to be admitted to Spanish territory free of customs duty.
The] Spanish competent [authorities] shall inform the Government of the Republic of Senegal of any practical measures taken with a view to the implementation of the provisions of the preceding paragraph. [Text between brackets appears only in the authentic Spanish text]
I should be grateful if you would inform me whether this interpretation of the Convention on co-operation with respect to marine fishing between Spain and the Republic of Senegal meets with your approval.
Accept, Sir, etc.
Dakar, 16 May 1975.
[Signed]
JOS... LUIS OCHOA OCHOA
Note II
Dakar, 16 May 1975
Sir,
You have addressed to me, under today's date, a letter reading as follows:
[See letter I]
I have the honour to inform you that the provisions set forth in that letter meet with the approval of the Senegalese Government.
Accept, Sir, etc.
[Signed]
ADRIEN SENGHOR
Minister of Rural Development and Water Supply of the Republic of Senegal
His Excellency Jose Luis Ochoa Ochoa
Ambassador of Spain to Senegal
