EXPOSE REASONS


In accordance with the objectives assigned to it since its creation on 11 March 1972, the Organisation for the Development of the Senegal River (OMVS), through the Heads and Government of the Member States, signed on 11 March 2015, the Code International Navigation and Transport on the Senegal River.

The Code, composed of 140 articles in addition to its preamble, is based on the following four (4) points:

-the need to consolidate good neighbourly relations between the Riverside States of the Senegal River;
-the strengthening of cooperation between the states of the sub-region, by continuing the implementation of regional infrastructure;
-the priority nature of the navigation component of the Regional Infrastructure Program;
-the implementation of the navigation component in the optimum conditions for the safety of goods and persons, in strict compliance with international and national rules for the protection of the environment.

The International Code of Navigation and Transport on the Senegal River regulates the conditions of navigation and transport on this waterway, establishes rules on aspects as diverse as safety, parking and transport. Movement of vessels, the criminal regime, the transport of goods and persons, and respect for the environment.

The Code also provides for a criminal regime which, apart from the offences provided for and sanctioned in the legislation of the Member States, sanctions offences committed during navigation (Articles 82 to 88).

Any dispute which may arise between the Contracting States in relation to the interpretation of the Code, its amendments or annexes shall be resolved by mediation and conciliation. Failing the Agreement, the Contracting States shall refer the matter to the contracting body of the African Union.

Finally, the International Court of Justice has before it (Article 140).

This Code shall enter into force after the deposit, by all member States of the OMVS, of their instruments of ratification with the Government of the Islamic Republic of Mauritania, which is the depositary of such instruments.

Once entered into force, the Code will be registered with the African Union Commission and the United Nations General Secretariat in accordance with Article 102 of the United Nations Charter.

Senegal, by ratifying this Code, contributes to the navigation section of the Senegal River, while facilitating the movement of goods, goods and persons as well as the reinforcement of navigation safety

This is the economy of this bill.

The National Assembly adopted, at its meeting on Monday 28 December 2015,
The President of the Republic enacts the following legislation:

Sole Article. -The President of the Republic is authorized to ratify the International Code of Navigation and Transport on the River Senegal, signed on 11 March 2015 in Conakry.


This Law shall be enforced as the law of the State.

Done at Dakar, January 6, 2016



Macky SALL.
The President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE

ORGANIZATION FOR THE DEVELOPMENT OF THE SENEGAL RIVER

INTERNATIONAL CODE OF NAVIGATION AND TRANSPORT ON THE RIVER SENEGAL

PREAMBLE


The Heads of State of:

-the Republic of Guinea
-the Republic of Mali
-the Islamic Republic of Mauritania
-Republic of Senegal.


Having regard to the Convention of 11 March 1972 on the status of the Senegal River;
In view of the Convention of 11 March 1972 establishing the OMVS;
Having regard to the Convention of 21 December 1978 on the Legal Status of Common Works;
Having regard to the Convention of 12 May 1982 on the financing arrangements for Community Works;
Having regard to the Convention of 7 January 1997 establishing the Diama Management and Operations Agency;
Having regard to the Convention of 7 January 1997 establishing the Manantali Energy Management Agency;
In view of the Charter of the Waters of the River Senegal of 28 May 2002;
In view of the United Nations Convention on the Transport of Goods by Sea (Hamburg 1978);
In view of the United Nations Convention on the Law of the Sea of 10 December 2002;
Having regard to Resolution No. 00497/ER/CM/NKC/54th SO of 21 December 2004 amending the Standing Orders of the Standing Committee on Waters;

Affirming the need to consolidate good neighbourly relations between the Riverside States of the Senegal River;

In order to strengthen cooperation between the States of the Sub-Region, by continuing the implementation of the Regional Infrastructure Programme;

Reaffirming the priority nature of the navigation component of the Regional Infrastructure Program;

Mindful of the implementation of the navigation component under optimum conditions for the safety of goods and persons, in strict compliance with international and national rules for the protection of the environment;

HAVE AGREED AS FOLLOWS:



Preliminary Chapter. -Definitions


Article 1. -

For the purposes of this Code, the following terms and expressions refer to:

1) Amont: the direction directed towards the sources of the River.
2) Competent authority: the authority of the Riparian State or the competent institution of the OMVS in respect of the police of navigation or transport
3) Aval: the direction towards the mouth of the River.
4) Bac: any building that provides a service of crossing from one bank to the other of the Senegal River, its tributaries and defluents.
5) Bateau: any building or floating craft that performs primarily a river navigation
6) Cabotage: commercial shipping within a short distance of the coast; this cabotage can be extended by a coasting trade on the river.
7) Captain: any person who exercises command of a ship or vessel on a regular basis.
8) Charger: the person who enters into a contract of carriage by sea.
9) Channel: the deepest part of a navigable waterway to be followed by a vessel
10) Bill of lading: a document showing a contract of carriage by sea.
11) Contract of carriage: a contract by which a carrier undertakes, against payment of a freight, to transport goods from one place to another.
12) Recipient: the person authorized to take delivery of the goods under a contract of Carriage.
13) Transport document: a document issued under a contract of carriage by the carrier.
(14) State of registration: State in which the competent service which has carried out the registration of a ship or vessel on the register opened for that purpose is located.
15) Riparian states: The states bordering the Senegal River, namely Guinea, Mali, Mauritania and Senegal.
16) Shipper: the person who presents the goods to the carrier or its attendant.
17) River: the Senegal River and its tributaries and defluents as an international watercourse shared by the riparian states.
18) Freight: the remuneration payable to the carrier for the carriage of the goods under a contract of carriage.
19) Gauge: the volume of the domestic capacity or the commercial capacity of the vessel or vessel.
It is expressed in units of measure defined by the regulation of the member states of the OMVS or the Universal Measure of Ship (UMS) in accordance with the 1969 London Convention.
20) Airworthiness: the optimal hydrological, hydraulic and nautical conditions allowing navigation, in particular the guarantee of a draught sufficient for navigation.
21) River navigation: navigation which is carried out solely or mainly on the Senegal River, its tributaries and defluents.
(22) Marine navigation: navigation at sea, at sea ports or rade on salt ponds, canals in the maritime public domain and in the parts of the fieuves, rivers, in principle to the first obstacle Which is opposed to the passage of seagoing vessels.
23) Ship: any building or fiotter that performs primarily marine navigation.
24) Organization: Organization for the Implementation of the Senegal River (OMVS).
25) Pilot: any person who assists the master or the Patron in the conduct of a ship, ship or boat assimilated to the entry and exit of the Ports, in the Ports, rades and in the limit of the pilotage areas
26) Pollution: the direct or indirect introduction by humans of substances or energies in the marine or fluvial environment, where it has or may have harmful effects, such as damage to biological resources, fauna and flora Risks to human health, alterations in water quality from the point of view of its use.
27) Carrier: the person who enters into a contract of carriage with a shipper.
28) Substitute carrier: any person to whom the carriage of goods or any part thereof is entrusted by the carrier.

BOOK 1. - FROM NAVIGATION ON THE RIVER

TITLE 1. - NAVIGATION CONDITIONS


Chapter I. -General provisions


Article 2. -

The provisions of this book shall apply to navigation on the River by any ship, boat or other assimilated vessel of a gross tonnage equal to or greater than ten tons.


Article 3. -

In the territories of the member states of the OMVS, navigation on the River Senegal, its tributaries and defluents, as well as the routes considered by the contracting states as dependent, is entirely free and open to ships, boats, or Other vessels belonging to their nationals or chartered by the States, on an equal footing with respect to the rights and taxes relating to navigation.

No restrictions other than that justified by the provisions of this Code shall be brought to the coasting trade along the River Fleuve for ships and merchant ships belonging to the navigation of the Senegal River.

Any ship, ship or other similar craft belonging to a national of a Riparian State shall be regarded as belonging to the navigation of the River Senegal, or being chartered by him and having the necessary documents for navigation in the Under this Code.

Foreign vessels and vessels of all kinds and origin shall be subject to a specific regime agreed upon by the Member States within the framework of the Organisation.


Article 4. -

Maritime navigation on the Senegal River is carried out to the limit of the Diama dam structures. From this limit, and as far as navigation can be carried out on the upstream part of the river, its tributaries and deftuents, it will have a fluvial character.


Article 5. -

For the purposes of this Code, no discrimination shall be made according to the flag of ships, boats and other vessels belonging to the navigation of the River Senegal from the point of departure to that of final destination. National treatment in all reports will be given to them as well as to their loads.

Article 6. -

The fees and charges to which the vessels and vessels of the navigation of the Senegal River may be subject shall be representative of the services rendered to navigation and shall not be discriminatory in character.


Article 7. -

Freedom of navigation and equal treatment of uses must be ensured on the river in relation to other principles and uses, including the supply of drinking water to populations, agriculture, livestock farming, forestry, Fish farming, fishing, environmental protection, energy production, industry as defined within the framework of the Organisation.


Article 8. -

Member States must maintain their areas of the Fleuve in a state of airworthiness within the framework of the regulations in force in the Organisation.

They shall ensure that navigation on the River is not hindered by any installation, bridge or other work of art, mill, factory, etc. which has not been agreed upon or has been the subject of prior agreement of the other Member States According to the rules of the Organization.

They shall ensure that in the ports of the River under their authority all provisions are made to facilitate the loading, unloading and placing at the warehouse of the goods and for establishments and devices of any kind which Assigned to them are kept in good condition.


Article 9. -

Roads, railways or side channels necessary to compensate for the innavigability or imperfections of the waterway on certain sections of the River, its tributaries, defluents, branch lines and exits, may be considered as The dependencies of inland navigation and open to international traffic under the same conditions, within the framework of special agreements concluded by the Member States. The same would be true of the lakes.

These roads, railways and canals can only be levied on tolls calculated on construction, maintenance and administrative expenses and on the profits owed to entrepreneurs.


Article 10. -

Subject to respect for the safety of persons and property and the proper operation of equipment, the freedom of navigation extends to the common works mentioned in Article 3 of the Convention of 21 December 1978 concluded between Mali, Mauritania and Senegal, in particular the fluvial port of Saint-Louis, the port of Ambidédi, the port stops along the river and the structures of the navigable channel, the ancillary works and accessories.

Article 11. -

Each riparian State shall designate, for the extent of its territory, the ports and apponments where vessels, vessels and other vessels may berth in accordance with the provisions of this Code.


Article 12. -

The national texts of the Member States of the customs, health or police of public order shall be applied by the Member States of the Organisation de Mise en Valuation du Fleuve Sénégal (O.M.V.S.) on their sectors of the River Fleuve. The related checks may only be carried out for the sole tasks to which these texts are intended and in strict compliance with the provisions of this Code.


Article 13. -

Navigation in port waters and in access channels is regulated by the State in whose territory the work is located.

The latter shall have the right to prohibit navigation in a port and the entry and exit of that port to any ship or vessel or other craft whose airworthiness is defective and which may constitute a danger to the safety of Persons on board and those of third parties.

It may also prohibit navigation in ports and channels of access and the entry and exit of ships and boats when weather and hydrographic conditions are unfavourable, where there are obstacles to navigation Or for reasons of public order.

These measures of partial or total prohibition shall be duly notified to the other Member States and to the competent authority of the Organisation.


Article 14. -

The Organisation for the Development of the Senegal River (O.M. V.S.) is responsible for defining navigable areas and ensuring their navigability. To carry out this mission, ensure the marking and maintenance as well as the control of navigation, an agency can be created within the framework of the organisation.


Chapter II. -Status of ships, boats and assimilated vessels

Article 15. -

Every ship, vessel or other vessel of a gross tonnage equal to or greater than twenty tons and sailing on the River and its tributaries shall have:

-a name
-a nationality
-a registration number
-a gauge
-a home port

Article 16. -

For the purposes of this Code, hovercraft and other surface-effects equipment shall be treated as ships.


Article 17. -

The registration shall be mentioned in an apparent manner on the hull on both sides of the ship, vessel or other craft in accordance with the terms laid down by common accord of the Member States, the regulations of the Organisation or, failing that, The State of registration


Article 18. -

Any vessel, vessel or other vessel sailing on the St. Lawrence River shall be required to have on board navigation and safety qualifications, as well as shipboard documents required under the conditions set out in the International Conventions, the regulation of The organisation or legislation of the flag State.

Compliance with these rules shall be attested by the holding of adequate navigation titles issued by the competent authority. The title of navigation shall be the crew role, the traffic permit and the circulation card.



TITLE II. - FROM THE SAFETY OF NAVIGATION AND PILOTAGE


Chapter I. -From the safety of navigation


Article 19. -

Every ship, vessel or other craft undertaking navigation on the River shall comply with the rules relating to the safety of navigation, in particular those concerning:

-the construction, the agrès and the like, the instruments and installations on board, the signalling, the prevention and the extinction of the fire, the means of dewatering and the hygiene and habitability on board;
-buoyancy, stability and load lines;
-the propulsion and steering bodies;
-the personnel and professional qualifications of the crew members;
-any other requirements relating to the safety of navigation, the rescue of human life.


Security titles are as follows the tonnage and category of craft engaged in navigation on the river:

-the navigation permit;
-the certificate of freeboard;
-the safety certificate for passenger ships;
-the security certificate for the armaments equipment;
-any other document required by the regulation of the flag State.


Article 20. -

The rules and security titles shall be defined by common accord of the Member States, by the rules of the Organisation or, failing that, by the competent authorities of the Member States.


Article 21. -

The titles and documents referred to in Article 19 shall be produced at the request of the competent authorities.


Chapter II. -From Piloting


Article 22. -

Captains of ships, boats and other vessels of a gross yellow or more than 10 tons shall be required to use the service of a pilot to cross the mouth of the River Fleuve or any other area of the River where deemed necessary The presence of a pilot by the competent authority of the Organisation, except when they hold a pilot master's certificate issued by one of the Member States of the O. MR. V.S.


Article 23. -

The conditions under which the authorities of the Member States issue the title of pilot are defined by a common regulation adopted by the Member States.


Article 24. -

The pilotage service shall give rise to the payment of a fee by the owner or operator of a ship, boat or other craft, as determined by the competent authority of the State of the affected river sector. This fee shall be proportionate to the service rendered.


Article 25. -

The service of the pilot may be required on the whole journey carried out on the river and its tributaries, without the riparian states being able to impose one of their nationals in order to carry out this service.



TITLE III. - NAVIGATION RULES


Chapter I. -Traffic rules


Article 26. -

The Captains must comply with the rules of navigation imposed by the laws and regulations of the riparian states and by this Code, as well as the orders given by the officers responsible for the navigation police.


Article 27. -

The crossing or overrun shall be permitted only when the navigable channel has sufficient width for the simultaneous safe passage of two vessels, vessels or assimilated vessels.

Article 28. -

In the case of a crossing or overrun, the Captains shall take all necessary precautions to avoid collision or grounding, taking into account the conditions of airworthiness in the area concerned.


Article 29. -

In the case of a crossing, the Captains shall, taking into account the local circumstances of navigation, give priority to ships and vessels heading downstream from the river.


Article 30. -

Captains shall not take any risk to carry out a dangerous crossing or overshoot, in particular if the passage is narrow or if the state of the depths does not allow the manoeuvre to be carried out under satisfactory conditions of safety.


Article 31. -

The overrun manoeuvre shall be reported to the previous vessel, vessel or vessel, by a sound or radio signal and shall only be carried out after the master or patron of the vessel or vessel having to be exceeded has done so Be clearly informed by the same means that the manoeuvre can be carried out safely.


Article 32. -

Any vessel, other vessel, shall not exceed the loading threshold resulting from its carrying capacity or the requirements laid down in the existing texts.


Article 33. -

The navigation police authority may require the berthing of vessels, boats or other vessels, or their relief, if the navigation conditions do not permit a specified area of the river or its tributaries to be berthed. Full load.


Article 34. -

It is forbidden to sail in the vicinity of a work of navigation signs (buoys, floats, beacons ...), to dock, or to damage it.


Article 35. -

Navigation in the vicinity of the works of art (bridges, locks, dams, causeways, piers ...) Is prohibited as long as it carries a risk to their integrity.

If, for reasons of safety of navigation, the passage in the vicinity of such works is essential, the speed shall be reduced to a measure compatible with the situation of the places and the force of the current.

Article 36. -

Captains may not cross a navigable channel or enter into a port or port their ship, boat or boat, only after ensuring that the proposed manoeuvre can be carried out safely for navigation.


Article 37. -

Vessels and watercraft shall not be able to operate at the same height as if the available space in the channel allows it without hindrance or danger to navigation.


Article 38. -

During navigation, it is forbidden to drag anchors, cables or chains.


Article 39. -

Vessels, boats and boats must adapt their speed in accordance with the difficulties of navigation, in order to avoid creating a stir or the effects of suction which may constitute a danger to river users.


Article 40. -

The ferries serving between the two banks of the river must make the crossing only after their driver has ensured that this manoeuvre can be safely carried out. These vessels must remain in the navigable channel only as long as necessary for their service.


Article 41. -

When a good visibility reaches two hundred metres, navigation must be carried out at a reduced speed due to the condition of the site and the intensity of the traffic.

Where a good visibility is less than two hundred metres due to fog or storm or other meteorological phenomena, the navigation of the river and its tributaries shall be prohibited, except for the vessels used by the Police authorities or emergency services.


Article 42. -

Night navigation is permitted only for ships, boats and boats with equipment that allows them to navigate safely. They shall have at least one traffic light on the mast at a height of not less than 4 metres above the waterline, and a traffic light at the rear.


Article 43. -

Navigation on the river involves the holding on board of emergency lights which must be activated as soon as a dangerous incident for navigation occurs.


Article 44. -

Ships, boats and other vessels can only sail in a convoy if they have sufficient traction or propulsion force. They cannot navigate a couple if they carry passengers or if the width of the channel does not permit it.


Article 45. -

Convoy navigation is permitted only if the coupling device is sufficiently rigid and solid. In order to prevent any danger, the coupling device must be done and disposed of in a simple manner.


Article 46. -

A telephone or radio link, in perfect operating condition, must exist between the vessel or the pusher vessel and the pushed vessel.


Article 47. -

The interval between the vessel or tug boat and the towed vessel shall not exceed one hundred metres. The trailer must be in good condition and have a consistency allowing it to trace safely.


Article 48. -

Every master of a ship, vessel or other craft shall imperatively respect sea or river signs, as well as the requirements imposed for the passage of dams or locks.


Article 49. -

In the event of a failure or shipwreck of a ship, ship or other craft, the master or the owner shall immediately take all measures to ensure the safety of navigation, by warning the other users of the river by means of sound signals And by preventing the police authorities of the territory on which the accident took place.


Article 50. -

Any loss of anchors, chains, anchors in ports and navigable channels shall be immediately reported to the Navigational Police Authority. The master must carry out research without delay, without such operations being able to compromise the safety and normal exercise of navigation,


Article 51. -

Any destruction or damage caused to shipping or river navigation signalling equipment shall be immediately brought to the attention of the police authority responsible for navigation by its author.

Chapter II. - Parking rules


Article 52. -

The parking of a ship, boat or other vessel in a navigable channel is prohibited. In case of damage imposing this situation, the master shall immediately notify the authorities responsible for the police of navigation on the river by giving its position and by implementing the appropriate lights, sounds and signals.


Article 53. -

Ships, boats and other vessels may only be docked at designated areas by the navigation police authorities, and in such a way as to create no danger to other users of the river.


Article 54. -

The amarres must be strong enough to withstand all foreseeable situations, such as the turbulence caused by the passage of a boat, the currents in the river, the storms.


Article 55. -

The parking of any vessel, boat or craft shall be prohibited in the narrow navigable passages and their approaches, at the mouths of the navigable tributaries and at the entry of ports and stopovers, on the access channels to the pier, and in Any place designated by the police authority responsible for navigation.


Article 56. -

Mooring can only take place at the organs and places intended for this purpose. In particular, it is forbidden to use the trees, posts, posts, containers as mooring points.


Article 57. -

Ships, boats and other vessels must be permanently placed, during the parking lot, under the supervision of at least one person capable of taking all necessary measures in the event of an incident or disaster.


Article 58. -

In the event of the transport of dangerous goods, because of their flammable, explosive or polluting nature, the authority responsible for the navigation police may impose a minimum number on board for the duration of the parking.


Article 59. -

Outside port areas, vessels, boats and all other vessels in the parking lot must have light signals to indicate clearly their presence, without this device being confused with the marking put into Placed by the relevant public authority.


Article 60. -

Parking on the route of the bins is strictly forbidden, even in the event of a breakdown.

Article 61. -

In addition to navigation operations, the bins must be securely moored at the places designated by the competent national authorities.


Article 62. -

Where the safety or operation of the River requires it, the officers responsible for the navigation police may order the movement of ships, boats or boats moored in a port at a port of call or at an apponment. They refer to the new location for parking.

TITLE IV. - ASSISTANCE AND RESCUE


Article 63. -

Every ship, boat or other craft, sailing on the River or its tributaries, shall be provided with a means of communication in perfect state of operation to call for assistance in the event of an incident or shipwreck.


Article 64. -

In the event of shipwreck, collision or damage, the master shall inform immediately by telephone, radio, fax, telex, electronic message or any other means of information, the police authority responsible for navigation within the jurisdiction of Which the boating accident took place, and present itself to her as soon as her presence on board or at the scene of the accident is no longer necessary.


Article 65. -

The master or the boss is required to submit to the requisition of the authority responsible for navigation or emergency services in the event of a boating accident. To this end, it must give orders to the crew to take the necessary measures to put an end to any danger to navigation.

Article 66. -

The authority responsible for emergency operations may interrupt or limit them where there is a real danger to other users of the River Fleuve. Adequate signage shall be put in place immediately, and the captains of vessels, vessels or vessels in the vicinity shall be informed of the decision by radio, telephone, telefax, telex, electronic message, posters or any other Other means of information.


Article 67. -

In the event of a failure of the master, and after a formal notice has remained without effect, the officers responsible for the navigation police will be able to board and take any measures necessary to ensure the safety of the vessel, vessel or vessel, Freedom of navigation or protection of the environment.

Article 68. -

In the event of stranding, damage, collision, sinking, fire of a ship, ship or craft involving hazards to persons in the vicinity of the accident or disaster, the competent authority may, in liaison with the Authorities responsible for the public security of the riparian states, impose the evacuation of the population outside the security perimeter.


Article 69. -

Every Captain shall be required to do so without danger to his ship or ship or other craft, its crew, its passengers, to assist any person found on the River in danger of being lost.


Article 70. -

Any river user who is in the vicinity of a shipwreck or collision between two ships, boats or boats shall, within the limits of its physical capacity, rescue persons at risk following such an accident. If it is impossible to intervene, any user of the river must immediately call the aid as soon as he is aware of the accident.


Article 71. -

Any assistance operation which has had a useful result in stopping or limiting a danger to the owner of the ship and/or cargo, or to the shipowner, gives rise to equitable remuneration. Any rescue or rescue provided to ships, boats or boats in danger or to the goods on board shall be considered as assistance.


Article 72. -

The rescue of those in danger of losing is compulsory and free of charge.

However, the rescuers of the human lives who intervened in the event of the accident giving rise to acts of assistance shall be entitled to a fair share of the remuneration granted to the rescuers of the ship, boat or boat of the Cargo and accessories.


Article 73. -

Each riparian state must have the means of intervention capable of providing relief operations on the River Fleuve. Such means shall be made available to other States or the Organization in the event of need and in accordance with modalities defined by an inter-state agreement.

TITLE IV. - FROM POLLUTION


Article 74. -

Any introduction of polluting substances regardless of their origin, whether by dumping, discharge, disposal, incineration or any other means is prohibited in the waters of the River Fleuve.


Article 75. -

All ships, boats or other vessels assimilated shall be obliged to reject polluting substances in port facilities intended to receive residues and waste and, in general, all polluting substances.

Every owner of a ship, vessel or other similar vessel carrying a cargo of bulk oil shall be liable for pollution damage resulting from a leak or discharge of oil from that ship, vessel or vessel in The conditions and limits laid down by the International Convention on Civil Liability for Oil Pollution Damage.

It shall also be required to settle any costs incurred in order to limit or avoid pollution damage.


Article 76. -

Whatever the place of registration, any ship, vessel or other vessel carrying oil may not sail on the River if it has a certificate establishing that the civil liability of its owner for the Pollution damage is covered by insurance or financial guarantee.


Article 77. -

In the event of damage occurring on the River to a ship, ship or other craft carrying or having on board dangerous or polluting substances or hydrocarbons and of such a nature as to create serious dangers liable to affect the The river fauna and flora, the owner or operator of this vessel or vessel may be put in notice to take all necessary measures to put an end to these dangers by the administrative authority of the State of the affected river sector Or that of the Organization in charge of the police of the River.


Article 78. -

Unpacking operations, degassing of vessels, vessels or other craft shall be carried out only at posts specially provided for in that effect by the granted State and with the authorisation of the port authorities.

Residues or mixtures of hydrocarbons, such as used oil, bilge water, wash water containing hydrocarbons and any liquid or solid waste and refuse from ships, boats or watercraft cannot be Evacuees as in designated locations for this purpose.


Article 79. -

In the event that the notice referred to in the preceding Article 77 remains without effect, or if it has not produced the expected effects within a specified period or ex officio, the competent authority closest to the place of the accident may cause the Necessary measures at the cost of the owner or operator or recover the amount of the cost from the owner or operator.

The Authority referred to in the preceding paragraph may in case of need request the assistance of the competent services of the other riparian states.


Article 80. -

The Captain of a ship, a ship or an assimilated vessel carrying oil is required to report to the competent authority, through the quickest means, any accident of which he is a victim and which may result in a Leak or discharge into the River.

The Captain of any ship, vessel or other craft for the purpose of assistance or towing, to the rescue of a ship or vessel which, under the conditions laid down in the preceding paragraph, is the victim of an accident, shall be held forthwith Receipt of the request for assistance, to inform the competent authority of the position of the ship or vessel in difficulty and the nature of the damage it has suffered. It must also keep it informed of the conduct of its intervention


Article 81. -

The littoral states of the OMVS are developing enhanced cooperation to make the Organization able to deal with emergencies resulting from major pollution


TITLE VI. - CRIMINAL REGIME


Chapter I. -Offences committed during navigation

Section I. - Violations of navigation


Article 82. -

Apart from the offences provided for and punished in the criminal legislation of the Member States, any infringement of the provisions of Articles 17, 26, 34, 48, 51 and 69 of the
The Code is punishable by a fine of 50,000 to 200,000 CFA francs or its equivalent in other currencies and 1 or imprisonment for 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 this Code is punishable by a fine of 20,000 to 100,000 CFA francs or its equivalent in other currencies.


Article 84. -

Any refusal of obedience by a member of the crew to the master of the vessel in the course of navigation or docking shall be punished by a fine of 10,000 to 100,000 CFA francs or its equivalent in other currencies, where such conduct is likely To seriously endanger the safety of persons and property, unless it is an offence punishable under the national law of the State in which the offence was committed.


Article 85. -

It is forbidden to interfere with navigation on the River and its tributaries by throwing objects, materials, plants, building, or carrying out fishing and material extraction activities, without authority granted by the authority Competent.

Any infringement of these provisions is punishable by a fine of between 50,000 and 1,000,000 CFA francs or its equivalent in other currencies. In case of
Recidivism, the amount of the initial penalty is doubled.

The same shall apply to persons whose authorisation has expired or acting beyond the terms of their authorisation.


Article 86. -

Any activity unduly affecting the safety of navigation is punishable by a fine of 20,000 to 200,000 CFA francs or its equivalent in other currencies


Article 87. -

Any wilful obstruction by a ship, boat or boat to the normal operation of the dams, locks, apponments, and ports is punishable by a fine of 20,000 to 100,000 CFA francs or its equivalent in other currencies and lou A prison sentence of not more than one month.


Article 88. -

The establishment without the express authorisation of the competent authority in the River or its tributaries of any work or pipeline, affecting the normal exercise of navigation, shall be punishable by a fine of 100,000 to 1,000,000 FCFA or its equivalent In other currencies and its demolition may be ordered under penalty of a penalty payment of 100,000 CFA francs or its equivalent in other currencies per week of delay in the performance of this obligation.

Section 2. - Offences to the Pollution Police


Article 89. -

Every master of a ship, ship or other vessel who has been guilty of an offence under the provisions of Articles 71 to 80 of this Code shall be punished by a fine of between 200,000 and 1,000,000 CFA francs or its equivalent in other currencies And/or imprisonment from two months to one year. In the event of a repeat offence the penalties for fines and imprisonment will be doubled.


Article 90. -

Every master of a ship, ship or other vessel which does not report to the competent authority an accident on the River Fleuve shall be liable to a fine of 50,000 to 300,000 FCFA or its equivalent in other currencies and or Imprisonment for one to six months.


Chapter II. -Skills and procedures


Article 91. -

Infringers of the provisions of this Code shall be judged by the courts of the riparian states or the courts of the flag State of the ship, boat or boat and in accordance with the rules of procedure in force in those States.


Article 92. -

The riparian states shall assist in the expeditious execution of judicial decisions imposing a conviction for infringement of 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 damage caused during navigation on the River Fleuve, its tributaries or deftuents are those in force in the State whose courts have been seized.


Article 94. -

By way of derogation from the laws and regulations applicable in the Member States, the proceeds of fines imposed on offenders under the provisions of this Code shall be paid to a fund managed by the High Commission. Office of the O. Mr v.S., to finance the maintenance of the depths, the signalling and the acquisition of the means of relief.


Article 95. -

The detention of a ship, vessel or craft imposed by the navigation police authority does not exempt the owner or operator from the navigation or port fees resulting from this imposed parking.

Article 96. -

In no event shall the owner or operator of a ship, vessel or craft abandon their vessel in order to escape their civil or criminal liability.


Chapter III. - From Transaction


Article 97. -

The principle of the transaction is allowed in the prosecution of infringements of this Code. The transaction terminates the public action.


Article 98. -

The choice of compromise is left to the discretion of the following authority, after the opinion of the competent authority of the OMVS in charge of the traffic police of the River Fleuve.


BOOK II. - TRANSPORTATION ON THE RIVER

TITLE 1. - SCOPE OF APPLICATION


Article 99. -

The provisions of this book shall apply to the regular carriage of passengers and goods on the River Fleuve.

It is considered to be inland waterway transport, transport by ships, boats and boats at sea, when it is the accessory of their main navigation on the River.

In the case of inland waterway transport incidental to a main maritime transport, the shipment will be entirely governed by maritime law.


Article 100. -

The provisions of this book do not apply to:

-vessels engaged in the services of ports and ports of this river;
-vessels whose carrying capacity is less than 10 gross tons.


TITLE II. - PASSENGER TRANSPORT


Chapter I. - From Contract


Article 101. -

By the contract of passage, the shipowner of a ship is obliged to transport by way of the River, on a defined route, a passenger who is obliged to pay the price of the passage. These obligations are recognized by means of a pass ticket that the carrier must issue to the passenger.

The pass ticket shall contain the following particulars:

-place of passage and issuance of the ticket;
-port of departure and port of destination;
-the name and address of the passenger if the pass ticket is nominative;
-the name and address of the carrier who entered into the contract of transit;
-name of the ship;
-date of boarding and amount of the passage price.


Article 102. -

Actions arising from the contract of carriage of persons shall be brought before the competent courts in accordance with the rules of common law.

They may also be brought before the competent court of the place of embarkation.


Chapter II. - The Liability of the Passenger Carrier


Article 103. -

The provisions of this Chapter shall not apply to voluntary transport or to that of stowaways


Article 104. -

The carrier is required to put and retain the seaworthy vessel, properly armed, equipped and supplied for the voyage in question, and to make every effort to ensure the safety of the passengers.

The maximum number of passengers authorised shall under no circumstances be exceeded.


Article 105. -

The body accident during the journey or during the boarding or deplaning operation, at the place of departure or destination, or at the stopovers, gives rise to compensation on the part of the carrier, if it is established that it has In breach of the obligations imposed by the preceding article or that a mistake has been made by himself or one of his servants.


Article 106. -

The carrier shall be liable for the death or injury of the passengers, caused by shipwreck, collision, stranding, explosion, fire or fire, except as proof, to his or her office, that the accident is not attributable to his fault or to that of his servants.


Article 107. -

The carrier shall be liable for damage caused by the delay caused by the failure to comply with the provisions of Article 105 or the commercial fault of its servants.

Article 108. -

The action in question is prescribed for two years. This period runs from the day on which the passenger disembarked where he should have been.

In the event of the death of the post-landing passenger, the time limit of the day of death shall not exceed three years from the date of the landing.


Chapter III. - Passenger luggage


Article 109. -

The carrier or its attendant shall issue checked baggage to the passenger. The carrier is responsible within established limits for the carriage of goods in accordance with the regulations in each riparian state.


Article 110. -

The carrier shall be liable for personal effects and carry-on baggage if it is established that the loss or damage is due to his or her fault or those proposed.

For each passenger, the repair due by the carrier shall not exceed, with the exception of dol or inexcusable fault, the value of those effects and baggage.

Any limitation of liability shall be removed for valuable assets deposited by the passenger in the hands of the Captain or his agent.


Article 111. -

The Captain may prohibit the passenger from boarding baggage that is dangerous or likely to constitute a danger to the ship or cargo, or to the crew or other passengers.


Article 112. -

Actions arising from the carriage of luggage shall be prescribed by one year. This period shall run from the landing of the passenger or from the day on which the passenger was scheduled to take place.

The provisions of Article 103 shall also apply to such actions.

TITLE III. - TRANSPORTATION OF GOODS


Chapter I. - Contracts and documents


Article 113. -

By the contract of inland waterway transport of goods the shipper or consignor undertakes to pay a specified freight and the carrier to forward and deliver within a fixed period fixed goods from one place to another on the River.

Article 114. -

This contract must be witnessed by a bill of lading which the carrier or its representative must issue to the shipper within twenty four hours after the receipt of the goods.


Article 115. -

The transport document or bill of lading shall be dated, signed by the carrier or its representative and by the shipper or its representative.


Chapter II. - From contract execution:

Obligations and responsibilities of the Parties


Article 116. -

The carrier is responsible for goods between the time it receives the goods to transport them and the time they are delivered to the consignee.


Article 117. -

The carrier shall, for the duration of its liability as defined in Article 116, ensure in an appropriate and careful manner the receipt, loading, handling, stowage, transport, custody, unloading and Delivery of the goods.


Article 118. -

The carrier shall be liable for damage resulting from loss or damage to the goods if the event that caused the loss or damage occurred while the goods were in the custody of the carrier within the meaning of section 117, unless Only proves himself, his servants or agents. Have taken all reasonable measures to avoid the event and its consequences.


Article 119. -

The shipper is responsible for the damage caused to the ship and other goods by its fault or by the vice of its goods.


Article 120. -

Is null and void, the clause of the transport document by which the carrier exonerates itself from the responsibility of his personal misconduct.


Article 121. -

The provisions of the bill of lading by which the carrier declares to be not responsible for the purely nautical faults of the master or the crew, the cases of force majeure, the vice of the goods are valid.


Article 122. -

As soon as it is ready to receive the shipment, the carrier must notify the shipper.
The notice must be given at least one working day in advance.

Article 123. -

The shipper or its representative shall present the goods at the time and place agreed upon in the contract of carriage.


Article 124. -

The shipper is deemed to have guaranteed to the carrier the accuracy of the indications relating to the general nature of the goods, their marks, number, quantity and weight, provided by him for reference to the transport document.

The shipper must compensate the carrier for the damage resulting from the inaccuracy of such indications.


Article 125. -

The goods supplied by the shipper and accepted by the carrier or by his agent without reservation are presumed to have been received in good condition, unless proven otherwise.


Article 126. -

As soon as it is ready to receive the shipment, the carrier must notify the shipper. The notice must be given at least one working day in advance.


Article 127. -

The shipper or its representative shall present the goods at the agreed times and places.


Article 128. -

At the time of loading for embarkation the carrier may issue reservations on the indications referred to in Article 124.

In case of damage or missing, the consignee or his representative may issue reservations to the delivery.

These reservations must be issued no later than the 1st working day following the day on which the goods were returned in the event of apparent damage.

In case of non-apparent damage, reserves must be issued within 15 days of delivery.


Article 129. -

The shipper which gives incorrect information on the goods loaded, or which makes the loading of goods for which the export or import to the place of delivery is prohibited, or which infringes upon consignments the legal provisions, In particular the laws of the police, fiscal or customs, is to the extent of its fault, responsible not only to the carrier, but also to others interested in the cargo, to the persons transported and the members of the The crew, the damage caused by its fact.

The fact that he acted with the consent of the carrier does not exclude his liability to other persons.

Confiscation of such goods does not exempt the shipper from the payment of the freight.

If these goods endanger the ship, the vessel, the vessel or the rest of the cargo, the carrier shall have the right to land them or, in urgent cases, to throw them overboard.


Chapter III. - Des Transports Successive


Article 130. -

In the absence of an agreement to the contrary, successive transports on the Senegal River are subjected from one end of the journey to the conditions of the initial transport.


Article 131. -

When the journey has been carried out by successive carriers, the apparent damage to the goods is borne by the last carrier, unless there is evidence on its part against any of the previous carriers.


Article 132. -

If the damage is not apparent, without being able to determine the place of the damage and if they occurred during the journey, all carriers will be held liable in proportion to their cargo and without solidarity.



Chapter IV. - Actions, Competent and Prescribing


Article 133. -

All actions arising from the contract of carriage of goods shall be brought before the competent courts in accordance with the rules of common law.

They shall be brought before the competent court of the place of the port of loading, or of unloading, or of the place of signature of the contract of carriage.

These actions shall be prescribed by two years, from the day on which the unloading is scheduled, or from the day specified for delivery to the destination.



TITLE IV - COMMON DAMAGE


Article 134. -

A common damage, sacrifice or extraordinary expense that has been reasonably made by the master or other person in his or her place to save the ship, vessel or craft, the goods on board and the cargo, of the danger Common.

The provisions of the national regulations on common damage apply to transport on the river.


TITLE V. - INSURANCE


Article 135. -

Any natural or legal person who even occasionally carries out transport activity on the River Senegal must subscribe to an insurance policy to cover his liability for the shippers or persons carried, but also the The consequences of a shipwreck or shipwreck, as well as the costs incurred in the fight against pollution and the recovery of the wreck of the ship or boat or boat.


Article 136. -

Infringences of the provisions of Book II shall be punished by the provisions of the laws of the Member States concerned

TITLE VI. - FINAL PROVISIONS


Article 137. -

All matters which are not governed by this Code shall be subject to the regulation of the Member States.


Article 138. -

This Code shall enter into force after the deposit of instruments of ratification by all Contracting States. It will be open for accession the day after its entry into force for any other riparian state of the River.

The instruments of ratification shall be deposited with the Government of the Islamic Republic of Mauritania, which shall inform the other Contracting States and the Office of the High Commissioner.


Article 139. -

The present Code shall be sent for registration to the General Secretariat of the United Nations upon entry into force, in accordance with Article 102 of the Charter of the United Nations. It will also be sent for registration to the African Union Commission.


Article 140. -

Any dispute which may arise between the Contracting States in relation to the interpretation of this Code, its amendments or annexes shall be resolved by mediation and conciliation. In the absence of agreement, the Contracting States shall refer the matter to the competent organ of the African Union. In the last resort the International Court of Justice is seized.

In witness whereof, we Heads of State of the Republic of Guinea, of the Republic of Mali, of the Islamic Republic of Mauritania and of the Republic of Senegal, sign this code in five copies in French.

FOR THE PUBLIC OF GUINEE
His Excellency Alpha CONDE
President of the Republic
Head of State

FOR THE REPUBLIQUE DU MALI
His Excellency Ibrahim Boubacar KEITA
President of the Republic
Head of State

FOR THE ISLAMIC REPUBLIC
FROM MAURITANIA
His Excellency Mohamed OULD ABDEL AZIZ
President of the Republic
Head of State

FOR THE PUBLIC OF SENEGAL
His Excellency Macky SALL
President of the Republic
Head of State