On the basis of documentary evidence proving an infringement, Senegal may ask the FMC of the flag State, copying in the EU, to reduce the interval for sending position messages from a vessel to every hour for a set period of investigation.
2.
This documentary evidence shall be sent without delay by Senegal to the FMC of the flag State and the EU.
3.
The FMC of the flag State shall without delay send the position messages to Senegal at the reduced frequency.
4.
At the end of the set investigation period, Senegal shall inform the FMC of the flag State and the EU of any follow-up.
6.
Validity of the VMS message in case of dispute
The position data supplied by the VMS system shall be authentic in case of dispute between the Parties.
SECTION 5
Observers
1.
Observation of fishing activities
1.1.
Vessels holding a fishing authorisation shall be subject to a scheme for observing their fishing activities carried out within the framework of the Agreement.
1.2.
For tuna vessels this observation scheme shall conform to the provisions provided for in the recommendations adopted by ICCAT (International Commission for the Conservation of Atlantic Tunas).
2.
Designated vessels and observers
2.1.
When the fishing authorisation is issued, Senegal shall inform the EU and the vessel owner, or its consignee, of the designated vessels and observers and the times at which the observer will be present on board each vessel.
2.2.
Senegal shall inform the EU and the vessel owner, or its consignee, of the name of the designated observer at the latest 15 days before the date provided for the embarkation of the observer. Senegal shall without delay inform the EU and the vessel owner or its consignee of any change in the designated vessels and observers.
2.3.
Senegal shall endeavour not to designate observers for vessels which already have an observer on board, or which are already formally obliged to allow an observer to embark during the fishing season in question as part of their activities in fishing zones other than the Senegalese zones.
2.4.
For deep-sea demersal trawlers the time on board shall not exceed two months. The observers shall not spend more time on board the vessel than is necessary to carry out their duties.
3.
Flat-rate financial contribution
3.1.
At the time the annual flat-rate fee is paid, owners of freezer tuna seiners and pole-and-line vessels shall also pay the DPSP a flat-rate sum of EUR 400 per vessel for the proper functioning of the observer programme.
3.2.
At the time the quarterly flat-rate fee is paid, owners of trawlers shall also pay the DPSP a flat-rate sum of EUR 100 per vessel for the proper functioning of the observer programme.
4.
Observer's salary
The salary and social contributions of the observer shall be borne by Senegal.
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