Law No. 2016-06 of 06 January 2016 Act No. 2016-06 of 06 January 2016 authorising the President of the Republic to ratify the international Code of navigation and transport on the Senegal River, signed in Conakry on March 11, 2015.
EXPLANATORY memorandum in accordance with the objectives which have been assigned since its inception, March 11, 1972, the Organization for the development of du Fleuve Sénégal (OMVS), through the heads and Government of States members, signed March 11, 2015, the Code International Navigation and transport on the Senegal River.
This Code, consisting, in addition to its preamble, of 140 items, is based on the four (4) following:-the need to strengthen the bonds of good neighbourliness between States bordering on the Senegal River;
-the strengthening of cooperation among the States of the slot area, pursuing the implementation of regional infrastructure;
-the priority of the program Infrastructure regional navigation pane;
-the realization of the navigation pane in optimal conditions of security of goods and persons, in the strict respect of international and national environmental protection regulations.
The Code International Navigation and transport on the river Senegal regulates the conditions of navigation and transport on this waterway, establishes rules on the aspects as diverse as security, parking, and the movement of ships, the penal system, the transport of goods and people, as well as respect for the environment.
In addition, the Code provides a penal system which, apart from the offences provided for and punished in the legislation of the Member States, punishes offences committed when navigating (articles 82 to 88).
Any dispute which may arise between Contracting States, relatively to the interpretation of the Code, its amendments or annexes will be resolved through mediation and conciliation. Absence of agreement the Contracting States must enter the contracting body of the African Union.
Last use of the International Court of Justice had before it (article 140).
This Code will enter into force after the deposit, by all the Member States of OMVS, of their instruments of ratification with the Government of the Islamic Republic of Mauritania, who is the depositary.
Once entered into force, the Code will be saved to the Commission of the African Union and the Secretariat of the United Nations in accordance with article 102 of the Charter of the United Nations.
Senegal, in ratifying this Code contributes to the navigation pane of the Senegal River, while facilitating the movement of goods, goods and persons as well as the reinforcement of the security of such navigation is the economy of the present Bill.
The National Assembly adopted in its session of Monday, December 28, 2015, the President of the Republic enacts the law whose content follows: sole Article. -The President of the Republic is authorized to ratify the international Code of navigation and transport on the Senegal River, signed in Conakry on March 11, 2015.
This Act will be enforced as law of the State.
Made in Dakar, 06 January 2016 Macky SALL.
The President of the Republic: the Prime Minister, Mahammed Boun Abdallah DIONNE ORGANISATION POUR LA MISE EN VALEUR FLEUVE SENEGAL INTERNATIONAL CODE of NAVIGATION and transport on the river SENEGAL preamble the heads of State of: - the Republic of Guinea - Republic of Mali - the Islamic Republic of Mauritania - the Republic of Senegal.
Having regard to the Convention of March 11, 1972, relating to the status of the Senegal River;
Having regard to the Convention of 11 March 1972 on creation of OMVS;
Having regard to the Convention of 21 December 1978 relating to the legal status of the common books.
Having regard to the Convention of May 12, 1982, relating to the arrangements for financing of common works;
Having regard to the Convention of 7 January 1997 establishing the Agency's management and operation of diamond;
Having regard to the Convention of 7 January 1997 establishing the Manantali energy management agency.
Having regard to the Charter of the waters of the Senegal River on May 28, 2002;
Seen the the United Nations Convention on the carriage of goods by sea (Hamburg 1978);
Having regard to the Convention of the United Nations on the law of the sea of December 10, 2002;
Having regard to the Resolution N ° 00497/ER/CM/NKC/54th SW of 21 December 2004 amending Regulation interior of the Standing Committee of the waters;
Affirming the need to strengthen the bonds of good neighbourliness between States bordering on the Senegal River;
Anxious to strengthen cooperation between the States of the sub-region, in pursuing the realization of the program of the Regional Infrastructure;
Reaffirming the priority nature of the navigation pane of the program of the Regional Infrastructure;
Concerned with the realization of the navigation pane in optimal conditions of security of goods and persons, in the strict respect of international and national environmental protection rules;
HAVE agreed as follows: Chapter preliminary. -Definitions Article 1. (-For the purposes of this Code, the following terms and expressions mean: 1) upstream: meaning led to the sources of the river.
((2) competent authority: the authority of the coastal State or the competent institution of the OMVS policing of shipping or transport 3) downstream: sense directed towards the mouth of the river.
(4) tray: any building which provides a service of crossing from one bank to the other of the Senegal River, its tributaries and distributary channels.
((5) vessel: any building or floating equipment that performs as an inland navigation 6) coasting trade: navigation market at short distance from the coast; This cabotage may be extended by a cabotage in river.
(7) Captain: any person who exercises regularly command of a ship or a boat.
(8) charger: the person who concludes a contract of carriage by sea.
((9) channel: the deepest part of a navigable stream to be followed by a boat 10) Bill of lading: a document showing a contract of carriage by sea.
(11) contract of carriage: a contract whereby a carrier undertakes against payment of freight to carry goods from one place to another.
(12) recipient: the person entitled to take delivery of the goods under a contract of carriage.
(13) transport document: a document issued by the carrier under a contract of carriage.
(14) State of registration: State where the competent authority which carried out the registration of a ship or boat on the register opened for this purpose.
(15) riparian States: riparian States of the Senegal River namely Guinea, Mali, Mauritania and Senegal.
(16) sender: the person who shall deliver the goods to the carrier or his servants.
(17) River: the Senegal River and its tributaries and distributary channels as international rivers shared by the riparian States.
(18) freight: the remuneration is payable to the carrier for the transportation of goods under a contract of carriage.
(19) gauge: the volume of domestic capacity or capacity commercial vessel or boat.
It is expressed in units of measurement defined by the rules of the Member States of OMVS or Universal measure of Ship (UMS) pursuant to the convention of London in 1969.
(20) airworthiness: hydrological, hydraulic and water conditions optimal for navigation, in particular the guarantee of a draught that is sufficient for navigation.
(21) inland navigation: navigation that occurs solely or principally on the Senegal River, its tributaries and distributary channels.
(22) marine navigation: navigation which takes place at sea, at seaports or roadstead on the salt ponds, the channels included in the public maritime domain and parts of fieuves, rivers, in principle up to the first permanent obstacle opposing passing sea vessels.
(23) vessel: any vessel or craft fiottant that performs primarily maritime navigation.
(24) Organization: the Organization for the development of du Fleuve Sénégal (OMVS).
((25) driver: any person who assists the captain or the boss for the conduct of a ship, a boat or a boat at the entrance and exit of Ports, seaports, roads and within the limits of pilotage areas 26) Pollution: the direct or indirect introduction by man of substances or energies in the marine or river, where it has or may have adverse effects such as damage to biological resources, fauna and flora River, risks to human health, alterations in the quality of the water from the point of view of its use.
(27) carrier: a person who concludes a contract of carriage with a charger.
(28) carrier substituted: any person to whom the performance of the carriage of goods or a part of the carriage is entrusted by the carrier.
BOOK 1. -OF NAVIGATION ON THE RIVER TITLE 1. -THE first chapter NAVIGATION CONDITIONS. -Provisions General Article 2. -The provisions of this book shall apply to navigation carried out on the river by any ship, boat or other similar craft with a gross tonnage equal to or greater than ten barrels.
Article 3. -The territory of the Member States of OMVS, navigation on the river Senegal, its tributaries and distributary channels as well as tract considered by the Contracting States as dependent, is completely free and open to ships, boats, or other vessels owned by nationals or chartered by the States, on an equal footing in what concerns relating to navigation duties and taxes.
No restrictions other than that justified by the provisions of the present code shall be made in the coasting trade along the river for vessels and merchant ships belonging to the navigation of the Senegal River.
Is considered as belonging to the Senegal river navigation any ship, boat or other similar craft belonging to a citizen of a coastal State, or being chartered by him, and with the necessary documents to navigation under this code.
Vessels and foreign vessels of any kind and origin will be subject to a specific regime defined by mutual agreement by Member States in the organization.
Article 4. -Marine navigation on the Senegal River is practised to the limit of the Diama dam works. From this limit, and where navigation may be exercised on the upstream portion of the River, its tributaries and deftuents, it will be a river.
Article 5 -For the purposes of this code, no discrimination shall be made on the basis of the flag of ships, boats, and other vessels belonging to the navigation of the Senegal River, the point of departure to the final destination. National treatment in all respects will be granted to them and to their loads.
Section 6. -Taxes and fees to which potentially subject the ships and boats of the navigation of the river Senegal will be representative of the services rendered to the navigation and have no discriminatory.
Section 7. -The freedom of navigation and the equal treatment of the uses shall be ensured on the River in connection with the other principles and practices, including the drinking water supply of the populations, agriculture, livestock, forestry, fish farming, fishing, the protection of the environment, energy, industry production defined in the context of the organization.
Section 8. -Member States must maintain their sectors of the river airworthy in the context of the legislation in force in the organization.
They ensure that navigation on the river is hampered by no installation, bridge or other work of art, mill, factory etc that has been decided by common accord or did the object of a prior agreement of other Member States under the rules of the organization.
They make sure that in the ports of the River under their authority all arrangements are made to facilitate the loading, unloading and upgrading to the warehouse of goods and that institutions and machinery of any kind serving them are kept in good condition.
Article 9 -Roads, railways or lateral canals necessary to supplement the unseaworthiness or imperfections of the waterway on certain sections of the River, its tributaries, distributary channels, branches and issues, may be regarded as dependencies of inland navigation and open to international traffic under the same conditions, within the framework of special agreements concluded by the Member States. It would be same Lakes.
It may be levied on these roads, railways and canals that tolls calculated on the construction, maintenance and administration expenses and income due to contractors.
Section 10. -Under reserve of respect for the safety of persons and property and the good operation of the equipment, the freedom of navigation extends to common works mentioned in article 3 of the Convention on 21 December 1978 agreement between Mali, Mauritania and Senegal, including the port River from St. Louis, the port of Ambidedi, stopovers port along the river and the control of the channel works waterway ancillary and incidental works.
Section 11. -Each riparian State will appoint, to the extent of its territory, ports and wharfs where ships, boats, and other vessels can dock in accordance with the provisions of the present code.
Section 12. -The national texts of the Member States to order customs, health or public order police are applied by the Member States of the Organization in the value of river Senegal (O.M.V.S.) on their sectors of the river. Controls y related cannot intervene for the only missions to which these texts are designed and in strict compliance with the provisions of this code.
Article 13. -Navigation in port waters and in the access channels is regulated by the State on whose territory the work is located.
The latter has the right to prohibit navigation in a port as well as the entry and exit of this port to any ship or vessel or other floating craft including seaworthiness is defective and may constitute a danger to the safety of persons on board and those of third parties.
It can also prohibit navigation in ports and access channels as well as the entry and exit of vessels and boats when weather and hydrographic conditions are unfavorable, when there are obstacles to navigation or for reasons of public order.
These partial or total prohibition measures are duly notified to the other Member States and the competent authority of the organization.
Section 14. -The Organization for the development of the Senegal River (O.M. V.S.) is responsible to define the navigable zones and to ensure their airworthiness. To fulfill this mission, ensure the markup and maintenance as well as the control of navigation, an agency may be created within the organization.
Chapter II. -Statutes of the ships, boats and craft related Article 15. -Any ship, boat or other craft with a gross tonnage or greater twenty tons and navigating on the river and its tributaries must have: - a name - a nationality - a registration number - one gauge - a homeport Article 16. -For the purposes of this Code, the hovercraft and other gear to surface effects are assimilated to ships.
Article 17. -Registration should be mentioned how apparent on Shell's part and other ship, boat or other craft as laid down by mutual agreement by the Member States, the regulation of the organization or by the State of registration Article 18. -Any ship, boat or other craft navigating on the river is required to have on board the titles of navigation and safety as well as the documentation required under the conditions laid down by international Conventions, regulations of the organization or the legislation of the flag State.
Compliance with these rules is evidenced by the detention of adequate navigation permits issued by the competent authority. Are considered as the title of navigation the role of crew, the permits and the traffic map.
TITLE II. -FOR the safety of NAVIGATION and piloting first chapter. -For the safety of navigation Article 19. -Any ship, boat or other vessel which undertakes the navigation on the river must comply with the rules relating to the safety of navigation including those relating to:-construction, tackle and gear, instruments and facilities of edge, signs, prevention and extinction of fire, ways of drying as well as hygiene and habitability on board;
-buoyancy, stability and load lines;
-organs of propulsion and direction;
-the staff and the professional qualification of the members of the crew;
-all other requirements with regard to the safety of navigation, the rescue of human life.
Security credentials are depending on the tonnage and the category of gear performing a navigation on the river is:-navigation permit;
-the certificate of freeboard;
-the certificate of security for passenger ships;
-safety equipment certificate;
-any other documents required by the regulations of the flag State.
Section 20. -The rules and tracks security are defined by mutual agreement by the Member States, by the rules of the organization or, failing that, by or by the competent authorities of the Member States.
Section 21. -The titles and documents cited in article 19 must be produced upon request of the competent authorities.
Chapter II. -Cockpit section 22. -The captains of ship, boat or other boat a yellow equal gross or greater than ten tons are required to use the service of a pilot to cross the mouth of the river or any other sector of the river which is deemed necessary the presence of a pilot by the competent authority of the Organization, except when ' they hold a master pilot's certificate issued by one of the Member States of the O.M.V.S.
Section 23. -The conditions in which the authorities of the Member States shall issue the title of driver are defined by common rules adopted by the Member States.
Section 24. -The pilotage service gives rise to the payment of a fee by the owner or operator of ship, boat or other craft, determined by the competent authority of the State of the area concerned. This charge shall be proportionate to the service rendered.
Section 25. -The service of the driver may be required throughout the journey on the river and its tributaries, although the riparian States cannot impose one of their ressortisssants to perform this service.
TITLE III. -THE chapter NAVIGATION rules first. -Traffic Article 26 rules. -
Captains must meet the navigation rules imposed by the laws and regulations of the riparian States provisions and by the present code, as well as orders issued by officers of the police of the navigation.
Section 27. -The passing or overtaking is permitted only when the fairway has a wide enough for the simultaneous passage safely two vessels, boats or similar craft.
Section 28. -In the case of crossing or overtaking, captains must take all necessary precautions to avoid a collision or a grounding, taking into account the conditions of navigability in the area concerned.
Section 29. -In the case of crossing, the captains must, taking into account the local circumstances of navigation, give priority to ships and boats heading downstream of the fieuve.
Article 30. -The captains must take no risk to achieve a cross or a dangerous overtaking, particularly if the passage is narrow or the deep state does not carry out the manoeuvre under satisfactory security conditions.
Section 31. -The overtaking manoeuvre must be reported to the ship, boat or previous boat, beep or radio and cannot be achieved unless the master or owner of the ship or vessel to be exceeded did know clearly by the same means that the manoeuvre can be performed safely.
Section 32. -Any vessel, boat another boat may exceed the requirements laid down by the legislation in force or load resulting from its transportation capacity threshold.
Section 33. -Navigation police authority may impose the berthing of ships, boats or other vessels, or their relief, if operating conditions do not allow in a specific area of the river or its tributaries transport full loads.
Section 34. -It is forbidden to sail near a book of navigation (buoys, floats, tags...) signaling to moor, or damage.
Section 35. -Navigation close to the structures (bridges, locks, dams, wharves, thrown...) is forbidden as it involves a risk for their integrity.
If for reasons of safety of navigation, passing near such works is indispensable, the speed must be reduced to an extent consistent with the situation of the premises and the force of the current.
Section 36. -Captains cannot cross a navigable channel or do enter a port or stop their vessel, boat or craft, only after ensuring that the proposed manoeuvre can be performed without danger to navigation.
Section 37. -Ships and vessels cannot navigate at the same height if the available space in the channel allows gene without hazard to navigation.
Section 38. -In the course of navigation, it is forbidden to drag anchors, cables or chains.
Section 39. -Ships, vessels and boats must adapt their speed to the difficulties of navigation, to avoid creating a stir or the effects of suction that may constitute a danger to the users of the river.
Article 40. -Ferry providing the service between the two banks of the river shall make the crossing only after their operator is assured that this manoeuvre can be carried out safely. These boats should remain in the fairway as the time needed for their service.
Section 41. -By foggy, when good visibility reaches two hundred meters, navigation must intervene at reduced speed given the State places and traffic intensity.
When visibility is less than two hundred meters because of fog or storm or any other weather, navigation on the river and its tributaries is prohibited, except for the boats used by the police or emergency services.
Section 42. -Night navigation is permitted only to ships, boats and craft equipment enabling them to navigate safely. They must have a minimum of a set of lights on the mast with a height of 4 meters at least above the waterline, as well as a fire at the rear.
Section 43. -Navigation on the river involves the detention aboard distress lights that must be activated as soon as a dangerous condition for navigation occurs.
Section 44. -Ships, boats, and other vessels can sail in convoy when they have a sufficient propulsion or pulling force. They can navigate to couple if they carry passengers or if the width of the channel does not.
Section 45. -Navigation in a pushed convoy is permitted only if the coupling device is sufficiently rigid and solid. To prevent any danger, the coupling device must be done and dispose in a simple way.
Section 46. -A telephone or radio, in perfect working condition, must exist between the vessel or the pusher vessel and pushed building.
Section 47. -The interval between the vessel or vessel tug and tow must not exceed one hundred meter. The trailer must be in good condition and have a consistency to tow safely.
Section 48. -Any captain of ships, boats or other boats must observe maritime or river signalling, as well as the requirements for the passage of dams or locks.
Article 49. -In the case of grounding or sinking of a ship, boat or other craft, the master or the owner must immediately take all measures to ensure the safety of navigation, warn other users of the river by sound or light signals, and by preventing the police authorities of the territory in which the accident took place.
Article 50. -Any loss of anchors, chains, mooring in ports and navigable channels shall be immediately reported to the waterway police authority. The captain must proceed without delay to the research, although these operations cannot jeopardize the safety and the normal exercise of navigation, Article 51. -Destruction or any damage caused to a marine or fluvial navigation signalling equipment should be immediately brought to the attention of the waterway police authority by its author.
Chapter II. -Rules of parking section 52. -The parking lot of a ship, boat or any other craft in a navigable channel is prohibited. Imposing damage this situation, the master must immediately notify the authorities responsible for police of navigation on the river giving its position and by implementing the lights, sounds and appropriate signals.
Section 53. -Ships, boats, and other vessels can be moored at locations designated by the authorities of police of navigation, and a way to create any danger to other users of the river.
Article 54. -The mooring lines shall be strong enough to withstand all foreseeable situations as including the turmoil caused by the passage of a boat, the currents in the River, storms.
Article 55. -The parking of any vessel, boat or craft is prohibited in narrow navigable passages and their surroundings, at the mouths of the navigable tributaries and the entrance of ports and stopovers on the channels of access to the piers, and any place designated by the authority responsible for the waterway police.
Article 56. -Docking cannot take place only to bodies and places intended for that purpose. It is especially forbidden to use trees, posts, Poles, containers such as mooring points.
Section 57. -Ships, boats, and other vessels must be placed permanently in the parking lot, under the supervision of at least one person able to take all necessary measures in the event of incident or disaster.
Section 58. -In the case of transport of dangerous goods, because they are flammable, explosive or polluting, the waterway police authority may impose a minimum number of personnel on board for the duration of the parking lot.
Section 59. -Outside port areas, ships, boats and other boats parked must have a signalling to clearly indicate their presence, while this device cannot be confused with the markup introduced by the public authority concerned.
Section 60. -Parking in the path of the bins is strictly forbidden, even in the event of failure.
Section 61. -Outside of navigation operations, the bins must be securely moored at the locations identified by the competent national authorities.
Article 62. -Where required by the safety or operation of the River, navigation police officers may order the movement of ships, vessels or boats moored at a port a stopover or a pier. They refer to the new location for parking.
TITLE IV. -ASSISTANCE and rescue section 63. -Any ship, boat or other craft, navigating on the river or its tributaries, must be equipped with a means of communication in perfect working condition for calling the emergency incident or sinking.
Section 64. -
In the event of sinking, collision or damage, the master shall inform immediately by telephone, radio, fax, telex, e-mail or any other means of information, authority of the waterway police in the jurisdiction of which the boating accident took place, and to report to it as soon as his presence on board or at the scene of the accident is avoidable.
Article 65. -The master or the owner is required to comply with the requisitions of the authority police navigation or boating accident emergency services. To this end, it must give the orders to the crew so that the necessary measures be taken to stop any hazard to navigation.
Article 66. -The authority responsible for relief operations can interrupting or limiting them when there is a real danger to other users of the river. Adequate signs will have to be implemented immediately, and masters of vessel, boat or craft flying nearby must be informed of the decision by radio, telephone, fax, telex, e-mail, posters or any other means of information.
Section 67. -In case of failure of the master, and after a formal notice remained without effect, the waterway police officers will be able to get on board and take all necessary measures to ensure the safety of the vessel, boat or craft, freedom of navigation or the protection of the environment.
Section 68. -In case of grounding, damage, collision, sinking, fire of a vessel, boat or craft with dangers for people in the vicinity of the place of the accident or disaster, the competent authority may, in conjunction with the services responsible for public security of the littoral States, impose the evacuation of the population outside the security perimeter.
Article 69. -Any captain is required provided that it can do so without danger to his ship or boat or other boat crew, passengers, to provide assistance to any person found on the River in danger of getting lost.
Article 70. -All users of the River located near a shipwreck or a collision between two ships, vessels or boats, must bear relief, within the limits of his physical abilities, to people at risk as a result of such an accident. If unable to intervene, all users of the river must call immediately the emergency as soon as he has knowledge of the accident.
Section 71. -Any operation assistance had a useful result to cease or limit a danger to the owner of the ship or cargo, or for the shipowner, gives rise to an equitable remuneration. Assistance is considered any emergency or any act of rescue provided to ships, boat or boats in danger or to property located on board.
Article 72. -The rescue of persons in danger of getting lost is compulsory and free.
However, the rescuers of human lives who have spoken on the occasion of the accident giving rise to acts of assistance are entitled to an equitable share of the remuneration granted to rescuers of the vessel, boat or craft of cargo and their accessories.
Article 73. -Each coastal State must have means of intervention capable of providing relief on the river. These means are made available to other States or the Organization in case of need and in a manner defined by an inter - State agreement.
TITLE IV. -FROM POLLUTION Article 74. -Any introduction of polluting substances regardless of their origins, either by dumping by rejection, by immersion, by incineration or by any other means is prohibited in the waters of the river.
Article 75. -Any ship, boat or other craft assimilated is bound to reject the polluting substances in port installations to receive waste and waste and, more generally, all pollutants.
Any owner of the ship, boat or other craft assimilated carrying a cargo of oil in bulk is responsible for damage caused by pollution resulting from a leak or a discharge of oil from the ship, boat or craft under the conditions and limitations laid down by the international convention on civil liability for oil pollution damage.
Consideration is also given to the settlement of all costs incurred in order to limit or avoid damage by pollution.
Article 76. -Regardless of its place of registration, any ship, boat or other craft carrying hydrocarbons can only navigate on the river if it is fitted with a certificate establishing that the civil liability of the owner for the damage by pollution is covered by insurance or a financial guarantee.
Article 77. -In the case of damage occurred on the River in a ship, boat or other craft transporting or carrying dangerous or polluting substances or oil and nature to create serious hazards likely to affect wildlife and river flora, the owner or operator of the ship or boat can be warned to take all necessary measures to put an end to these dangers by the administrative authority of the State concerned River sector or the organisation in charge of the river police.
Article 78. -The de-ballasting operations, degassing of ships, boats or other craft can be made only to positions specially provided for this purpose by the State involved and with the permission of the port authorities.
Residues or mixtures of hydrocarbons, such as waste oil, bilge water, tank washing waters having contained hydrocarbons as well as all waste liquids or solids and garbage from ships, vessels or boats can be evacuated in spaces provided for this purpose.
Article 79. -Where implementation referred to in article remains 77 previous remains without effect, or if it did not produce the effects expected in a timely or ex officio, the closest to the accident site authority may enforce the measures necessary at the expense of its owner or operator or recover the amount of the cost to owner or operator.
The authority referred to in the preceding paragraph may if necessary seek the assistance of the competent services of the other riparian States.
Section 80. -The captain of a ship, a boat or a boat likened carrying hydrocarbons shall report to the competent authority by the fastest ways any accident which he suffers and which can lead to a leakage or discharge into the river.
The master of any ship, boat or other craft related assistance or towing purposes, to the rescue of a ship or boat which, in the conditions laid down in the preceding paragraph is victim of an accident, is required upon receipt of the request for assistance, to report to the competent authority the position of the ship or boat in difficulty and the nature of the damage he suffered. It must also keep the Assembly informed of the progress of its intervention Article 81. -Riparian States of OMVS develop reinforced cooperation to make the organization capable to deal with emergencies arising from a major pollution title VI. -REGIME PENAL section 1. -Offences committed during the first Section navigation. -Navigation Article 82 infringements. -Apart from the planned and punished offences in the criminal legislation of the Member States, any infringement of the provisions of articles 17, 26, 34, 48, 51 and 69 of the present code is punishable by a fine of CFAF 50,000 to 200,000 or its equivalent in other currencies and 1 or a term of imprisonment of two to six months.
Article 83. -Any infringement of the provisions of articles 18, 19, 21, 27, 28, 30, 31, 32, 35, 40, 41, 42, 44, 50, 51, 52, 53, 55, 56, 57, 59, 60 and 64 of the present code is punishable by a fine of 20,000 a100.000 CFAF or its equivalent in other currencies.
Article 84. -Any refusal of obedience of a member of the crew to the master of the vessel during navigation or berthing is sanctioned with a fine of 10,000 to 100,000 F CFA or its equivalent in other currencies, as this behavior is likely to seriously compromise the safety of persons and property, unless it is an offence punishable under the national law of the State where such offence was committed.
Article 85. -It is forbidden to impair navigation on the river and its tributaries throwing objects, materials, plant, building, or conducting activities of fishing and extraction of materials without authorization issued by the competent authority.
Any infringement of these provisions is punishable by a fine of an amount of 50,000 to 1,000,000 CFA francs or its equivalent in other currencies. In case of recidivism, the amount of the initial penalty is doubled.
Are punishable by the same people whose authorization has expired or acting beyond the terms of their authorisation.
Article 86. -Any activity unduly affecting the safety of navigation is sanctioned with a fine of 20,000 to 200,000 CFA francs or its equivalent in other currencies Article 87. -
Unfettered voluntary by a ship, a ship or a boat, the normal operation of dams, sluices, and wharves, and port is sanctioned with a fine of 20,000 to 100,000 CFA FRANCS or its equivalent in other currencies and lou a term of imprisonment of one month at the most.
Article 88. -Implantation without express authorization of the competent authority in the river or its tributaries of any work or pipeline, affecting normal navigation exercise, is punishable by a fine of 100,000 to 1,000,000 CFA FRANCS or its equivalent in other currencies and its demolition can be ordered under penalty of a fine of 100,000 CFA francs or its equivalent in other currencies a week's delay in the fulfilment of this obligation.
Section 2. -Infringements of Article 89 pollution police. -Any master of ship, boat or other craft that is guilty of an offence under the provisions of articles 71 to 80 of the present code, shall be punished by a fine of 200,000 to 1,000,000 F CFA or its equivalent in other currencies or imprisonment of two months to one year. In case of recidivism fine and imprisonment penalties will be charged double.
Article 90. -Master of every ship, boat or other craft that does not report to the competent authority an accident victim on the river shall be punished by a fine of 50,000 to 300,000 CFA FRANCS or its equivalent in other currencies and or a term of imprisonment of one to six months.
Chapter II. -Skills and procedures Article 91. -Breaches of the provisions of this code are considered by the riparian States courts or the courts of the State flag of the vessel, boat or craft and according to the rules of procedure in force therein.
Article 92. -Riparian States assist for the diligent execution of judgments pronouncing a conviction for infraclion in this code or condemning the author of damage in respect of civil liability.
Article 93. -The rules relating to the civil or criminal liability of the author of a damage caused when navigating on the River, its tributaries or deftuents are those in force in the State in which the courts have been seized.
Section 94. -Notwithstanding the legislative and regulatory provisions applicable in the Member States the product of the fines imposed on the offenders to the provisions of this code shall be paid for the benefit of a fund managed by the Office of the O.M.v.S., to finance maintenance of the depths, signaling and acquisition of the means of relief work.
Article 95. -The detention of a ship, a boat or a boat imposed by the authority responsible for the waterway police does not exonerate their owner or operator, navigation or port resulting from this imposed parking rights.
Article 96. -In any case, the owner or operator of a vessel, boat or craft may be abandonment of their building to escape their civil or criminal liability.
Chapter III. -Of the Transaction section 97. -The principle of the transaction is accepted in the prosecution of offences in this code. The transaction puts an end to public action.
Article 98. -The choice of compromise is left to the discretion of the prosecuting authority, after the opinion of the competent authority of the OMVS in charge of the navigation of the river police.
BOOK II. -TRANSPORT ON THE RIVER TITLE 1. -SCOPE Article 99. -The provisions of this book shall apply to the regular carriage of passengers and goods on the river.
Is considered as inland waterway transport, the carriage at sea by ships, vessels and boats, when it is the attachment of their main navigation on the river.
In case of incidental water transportation in a main shipping, shipping will be any entirely governed by maritime law.
Article 100. -The provisions of this book shall not apply:-to vessels used for services of ports and stopovers of this river;
-vessels whose load capacity is less than ten tons, gross tonnage.
TITLE II. -TRANSPORT of passengers first chapter. -The contract of passage Article 101. -By the passage contract, the owner of a boat undertakes to carry through the River, on a route defined, a traveller who obliges himself to pay the price of passage. These obligations are established by means of a ticket that the carrier must issue to the passenger.
The ticket must contain the following information:-place of passage and issuance of the ticket.
-port of embarkation and the Port of destination;
-name and address of the passenger if the passenger ticket is nominative;
-name and address of the carrier that the contract of passage;
-name of the vessel;
-date boarding and the amount of the price of passage.
Section 102. -The actions arising from the contract of carriage of persons are brought before the courts under the rules of the common law.
In addition, they may be brought before the competent court of the place of loading.
Chapter II. -Of the liability of the carrier of passengers Article 103. -The provisions of this chapter apply voluntary transport nor of stowaways Article 104. -The carrier is required to keep the ship seaworthy, adequately armed, equipped and stocked for the concerned travel and do all diligence to ensure the safety of passengers.
The maximum number of passengers permitted shall in no case be exceeded.
Section 105. -The accident occurred during the trip or during operations of embarkation or landing, either places of departure or destination, or stops, gives rise to reparation on the part of the carrier, if it is established that it has contravened the obligations prescribed in the preceding article or that a foul has been committed by himself or one of his servants.
Article 106. -The carrier is responsible for the death or injury of passengers, caused by shipwreck, collision, stranding, explosion, fire or any claim unless evidence to her charge that the accident is due to his fault or that of its servants.
Article 107. -The carrier is liable for damage caused by the delay related to non-compliance with the provisions of section 105 or the commercial fault of its servants.
Article 108. -The action is prescribed by two years. This short period of the day when the passenger disembarked where should have done.
In the event of death of the passenger after deplaning, the short period of the day of the death, not to exceed three years from the landing.
Chapter III. -Luggage of passengers Article 109. -The carrier or its agent shall issue the passenger receipt for checked baggage. The carrier is responsible within the limits established on the transport of goods in accordance with the regulations in each riparian State.
Section 110. -The carrier is responsible for personal belongings and carry-on baggage if it is established that the loss or damage is due to its fault or to those of its proposed.
For each passenger, the compensation payable by the carrier cannot exceed, unless fraud or inexcusable, the value of these effects and baggage.
Any limitation of liability is removed for valuables deposited by the passenger into the hands of the master or his agent.
Section 111. -The master may prevent the passenger boarding the luggage of nature dangerous or likely to constitute a danger to the ship or goods, or to the crew or other passengers.
Article 112. -Actions arising on the occasion of the carriage of baggage are prescribed by one year. This period of disembarkation of the passenger or where it was due to take place.
The provisions of article 103 shall apply also to such shares.
TITLE III. -TRANSPORT of goods Chapter 1. -Contracts and documents Article 113. -By the contract of river transport of goods the shipper or sender agrees to pay a specified cargo and carrier route and deliver specific goods from one place to another on the river within a fixed period.
Article 114. -This contract shall be evidenced by a bill of lading that the carrier or his representative shall issue to the charger within twenty-four hours after the receipt of the goods.
Article 115. -The transport document or Bill of lading must be dated, signed by the carrier or his representative and by the shipper or his representative.
Chapter II. -Of the performance of the contract: Obligations and responsibilities of the Parties Article 116. -The carrier is responsible for goods between the time where he received them for transport and the time or they are delivered to the consignee.
Article 117. -The carrier must ensure careful and proper reception, loading, handling, stowage, carriage, custody, unloading and delivery of the goods during the period of liability as defined in article 116.
Article 118. -
The carrier is liable for the damage resulting from the loss and damage to the goods if the event which caused the loss or damage took place while the goods were in custody within the meaning of article 117 unless it proves that itself, its servants or agents. have taken all measures that could reasonably be required to avoid the event and its consequences.
Article 119. -The charger is responsible for any damage to the vessel and other goods by its fault or inherent defect of the goods.
Article 120. -Is null and void, the clause of the transport document by which the carrier disclaims responsibility for its misconduct.
Article 121. -Apply the clauses of the Bill of lading by which the carrier expresses not responsible of purely nautical errors of the captain or crew, cases of force majeure, the inherent vice of the goods.
Article 122. -As soon as it is ready to receive the load, the carrier must notify the charger.
The notice must be given at least one working day in advance.
Article 123. -The charger or his representative must present the goods at the time and place agreed in the contract of carriage.
Article 124. -The charger is deemed to have guaranteed to the carrier the accuracy of particulars of the general nature of the goods, their marks, number, quantity and weight, provided by him for mention in the transport document.
The shipper shall indemnify the carrier for damage resulting from the inaccuracy of these indications.
Article 125. -The goods delivered by the shipper and accepted by the carrier or his servant without reservation on his part, are presumed to have been received in good condition, unless evidence to the contrary.
Article 126. -As soon as it is ready to receive the load, the carrier must notify the sender. The notice must be given at least one working day in advance.
Article 127. -The charger or his representative must present the goods at the time and place agreed.
Article 128. -At the time of the support for boarding the carrier may have reservations on the indications referred to in article 124.
In case of damage or missing, the recipient or his representative may raise reservations on the delivery.
These reservations must be issued no later than the 1st working day following the day when the goods were handed over in the case of apparent damage.
In the case of unrelated damage reserves shall be issued within 15 days following the delivery.
Article 129. -The charger which gives incorrect information on the goods loaded, or load goods whose export or import instead of delivery are prohibited, or which violates when loading the legal provisions, especially the police, customs or tax laws, is the extent of his fault, responsible, not only against the carrier, but towards others to the cargo to the passengers and the crew, damage caused by his act.
The fact that he acted with the consent of the carrier does not exclude its liability to others.
The confiscation of such goods does not exempt the payment of freight loader.
If these goods are endangering the ship, the boat, the boat or the rest of the load, the carrier has the right to land or, in urgent cases, throw them overboard.
Chapter III. -Transport successive Article 130. -Absence of agreement to the contrary, successive transport on the Senegal River are subject throughout the journey to the initial transport conditions.
Article 131. -When the trip was performed by successive carriers, the apparent damage of goods are borne by the last carrier, unless proven on its part against a previous carrier.
Article 132. -If damage are unrelated, unless we can determine the place where the damage and if they occurred during the trip, all carriers will be held responsible for proportionally their cargo and without solidarity.
Chapter IV. -Actions, competent and prescription Article 133. -All actions arising from the contract of carriage of goods are brought before the courts under the common law.
They are brought before the competent court of the place of the port of loading, or unloading, or the place of signature of the contract of carriage.
These actions are prescribed by two years, as of the day for unloading, or for delivery to destination.
Title IV - the Commons Article 134 damage. -Reporting is damage municipality, any sacrifice or any extraordinary expenditure that was made reasonably by the captain or another person in his place to save the vessel, boat or craft, goods and cargo on board, the common danger.
The provisions of the national regulations relating to general average apply to transport on the river.
Title V. - the insurance Article 135. -Any natural or legal person exercising even occasionally transport activity on the Senegal River must take out an insurance policy to cover its liability for the Chargers or persons carried but also the consequences of grounding or shipwreck so that expenses incurred for the fight against pollution and for the recovery of the wreckage of the ship or of the vessel or boat.
Article 136. -The provisions of book II breaches are punished by the provisions of the laws of the Member States concerned title VI. -FINAL provisions Article 137. -All matters that are not governed by this Code are subject to the regulations of the Member States.
Section 138. -This Code shall enter into force after the deposit of instruments of ratification by all the Contracting States. It will be open to membership in the wake of its entry into force pout any riparian State of the river.
Instruments of ratification shall be deposited with the Government of the Islamic Republic of Mauritania, which will inform the other Contracting States and OHCHR.
Article 139. -The Present Code will be sent for registration to the general Secretariat of the United Nations at its entry into force, in accordance with article 102 of the Charter of the United Nations. It will be also sent for registration to the Commission of the African Union.
Article 140. -Any dispute which may arise between Contracting States, relatively to the interpretation of this code, its amendments or annexes will be resolved through mediation and conciliation. Failing agreement the Contracting States must seize the competent organ of the African Union. Last use of the International Court of Justice had before it.
In witness whereof, we heads of State of the Republic of Guinea, the Republic of Mali, the Islamic Republic of Mauritania and the Republic of Senegal, sign this code in five copies in French-language.
FOR the Republic of Guinea his Excellency Alpha CONDE, President of the Republic head of State for the Republic of MALI his Excellency Ibrahim Boubacar KEITA, President of the Republic-head of the State for the Republic Islamic of Mauritania His Excellency Mohamed OULD ABDEL AZIZ, President of the Republic leader of the State for the Republic of SENEGAL his Excellency Macky SALL President of the Republic head of State