Advanced Search

Act No. 2016-02 Of 06 January 2016

Original Language Title: Loi n° 2016-02 du 06 janvier 2016

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LAW

Law n ° 2016-02 of 06 January 2016
Law n ° 2016-02 of 06 January 2016 authorising the President of the Republic to ratify the Convention establishing the Agency for the Management and Operation of Navigation on the Senegal River, adopted on 09 June 2011, in Nouakchott (Mauritania).




EXPOSE REASONS

In accordance with the objectives assigned to it since its creation, on 11 March 1972, the Organization for the Development of the Senegal River (OMVS), has developed an ambitious programme based on the control of water resources in order to promote and To develop the three pillars of its policy:

-irrigated farming to develop agriculture;
-electricity through the realization of hydroelectric works;
-river navigation.

As part of the river navigation component, the Heads of State and Government of Guinea, Mali, Mauritania and Senegal adopted, on 09 June 2011, in Nouakchott, the Convention establishing the Management and Operations Agency Of navigation and transportation on the Senegal River.

The Agency for Management and Exploitation of Navigation and Transport on the Senegal River, named " Navigation Management and Operations Society " (SOGENAV), is an inter-state public company responsible for the management of navigation and transport activities on the river, as well as the operation, maintenance and renewal of the works entrusted to it.

SOGENAV, based in Nouakchott (Mauritania), also exercises the prerogatives of the competent authority of the OMVS as provided for in Article 14 of the International Code of Navigation and Transport on the Senegal River.



The Convention, composed of twenty four (24) articles, aims to regulate and promote, in a perennial way, the navigation over the whole of the Senegal River, from Saint-Louis (in Senegal) to Am-bidédi (in Mali) through port calls On the Mauritanian and Senegalese banks of the river.

It also regulates the tasks, organisation and operating procedures of the Agency for the Management and Operation of Navigation and Transport on the Senegal River and defines the mechanisms of its financing.

Any Member State which wishes to do so may request the revision or denounce the agreement in accordance with the provisions of Articles 20 and 21 of the Convention.

Any dispute between the Member States relating to the interpretation or application of this Convention shall be resolved through conciliation and mediation.

This Convention shall enter into force immediately after ratification by all four (4) member states of the OMVS.

The Government of the Republic of Mauritania is the depositary State of the Convention.

Senegal, by ratifying this Convention, is making a significant contribution to the navigation component of the Senegal River, which will undoubtedly facilitate the movement of riverine populations and further strengthen trade between countries Members.

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 Convention establishing the Agency for the Management and Operation of Navigation on the Senegal River, adopted on 09 June 2011 in Nouakchott (Mauritania).


This will be carried out as the law of the State.

Done at Dakar, January 6, 2016



Macky SALL.
By the President of the Republic:


The Prime Minister,
Mahammed Boun Abdallah DIONNE




CONFERENCE OF HEADS OF STATE AND GOVERNMENT RESOLUTION NO. 00020 /ER/CCEG/2011 ON THE ADOPTION OF THE CONVENTION ESTABLISHING THE SOCIETE FOR THE MANAGEMENT AND OPERATION OF NAVIGATION ON THE SENEGAL RIVER

The Heads of State of:

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

In view of the amended Convention on the Status of the River Senegal of 11 March 1972;
In view of the amended Convention establishing the Organization for the Development of the Senegal River (OMVS) of 11 March 1972;
In view of the Convention on the Legal Statute of the Works of 21 December 1978;
In view of the Convention on the Financing of the Works of 12 May 1982;
In view of the Charter of the Waters of the River Senegal of 28 May 2002;
Having regard to the Accession Treaty of the Republic of Guinea to the OMVS of 17 March 2006;
In view of the International Code of Navigation and Transport on the Senegal River of 13 March 2006;
Having regard to Resolution No. 0012 /XIVéme/CCEG/SN/D/2006 on the Development Commun Programme;
In view of Resolution No. 00474 /Er/CM/ML/BKO/61éme S. O/2009 on the establishment of the Société de Gestion et d' Exploitation de la Navigation sur le fleuve Sénégal;
In view of Resolution No. 00518 /ER/CM/NKT/63th S/2010 of the Council of Ministers of the Organisation pour la mise en valeur du fleuve Sénégal Recommended for the adoption of the Convention Portant Creation of the SOGENAV.

AFTER deliberate;

ADOPTENT the Convention establishing the Société de Gestion et d' Exploitation de la Navigation sur le fleuve Sénégal, attached hereto.

AGREE to submit it to the ratification of each member state of the OMVS in accordance with its own constitutional forms.

The President of the Republic of Guinea

ALPHA CONDE

The President of the Republic of Mali

AMADOU TOUMANI TOURE

The President of the Islamic Republic of Mauritania

MOUHAMED OULD ABDEL AZIZ

The President of the Republic of Senegal

ABDOULAYE WADE




CONVENTION ESTABLISHING THE AGENCY FOR THE MANAGEMENT OF NAVIGATION ON THE RIVER SENEGAL

THE HEADS OF STATE AND GOVERNMENT:

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


In view of the Charter of the United Nations of 26 June 1945;
Having regard to the Treaty establishing the African Union of 11 July 2000;
In view of the Convention on the Status of the River Senegal of 11 March 1972;
In view of the Convention establishing the Organisation for the Development of Senegal (O.M.V. S) of 11 March 1972;
In view of the Convention on the Legal Status of Works of 21 December 1978;
Having regard to the Convention on the Financing of the Work of 12 May 1982;
Given the Charter of the Waters of the Senegal River of 28 May 2002;
Considering the Accession Treaty of the Republic of Guinea to the OMVS of 17 March 2006;
Given the International Code of Navigation and Transport on the Senegal River of 13 March 2006;
In view of Resolution No. 00474 /ER/CM/ML/ on the establishment of the Société de Gestion et d' Exploitation de la Navigation sur le fleuve Sénégal of 1 October 2009;

Considering the commissioning of the Diama dams in August 1986 and Manantali in March 1988, which enabled the Organization to carry out one of the most remarkable achievements in Sub-Saharan Africa;

Considering the partial control of the waters of the River Senegal by its stated works " First-generation works " Has become a reality since 1988, which has led to the development of irrigated agriculture and access to drinking water and the availability of cheap energy from the year 2002;

Considering the implementation of the directives from the " Nouakchott statement " The Heads of State and Government of the OMVS of 21 May 2003 on the new Strategic Policy Framework of the Organization, which resulted, inter alia, in the renovation of the existing normative arsenal for the accession of the Republic of Guinea to The OMVS, the development of the integrated water resources management programme and the development of multiple uses in the Senegal River basin, as well as the implementation of the programme for the development of hydraulic works for purposes Multiple, so-called "second generation works", by laying the first stone of the construction works The Félou Hydroelectric Power Station;

Considering that all these actions fall within the framework of the Organisation's capacity-building to provide solid guarantees of development to the socio-economic and market sectors of the Member States, beneficiaries of the development of the Senegal River;

Considering that, with a particular emphasis on the transport sector in the "Declaration of Nouakchott", the Heads of State party to this Convention wish to stress the importance and priority to be given to the development of the project Navigation on the river Senegal, the structuring base of a multimodal transport programme, integrating all the surface transport modes of the basin and the adjoining regions, with a view to strengthening the social and economic integration of the populations in The framework for sustainable development;

Considering the decision of the Heads of State and Government signatories to this Convention, to establish the Agency for the Management of Navigation and Transport on the River Senegal in order to give a strong impetus to the Organization.


HAVE AGREED AS FOLLOWS:

TITLE I. -DEFINITIONS


Article 1. -The following terms have the meaning indicated below each time they are used in this Agreement.

" Conference of Heads of State and Government " Means the supreme body of the Organization as referred to in Article 3 of the Convention of 11 March 1972
Establishing the Organization as amended;

" Council of Ministers " Designates the Council of Ministers of the Organization as the body for the design and control of the organization established by Articles 8 et seq. Of the Convention of 11 March 1972 establishing the Organization as amended;

" Member States " Means the member States of the Organization who are signatories to this Convention;

" Community Works " Means the works meeting the criteria of Article 2 of the Convention of 21 December 1978 relating to the legal status of the common works, including in particular the works referred to in Article 5 below;

" Articles Appendices " Designers of works that are physically incorporated in a Common Works;

" Articles Accessories " Means works which, without being physically incorporated into a common structure, are used for the proper functioning of this common work;

" Organization " Designates the Organisation for the Development of Senegal (OMVS);

" Institutive Text " Means the Convention relating to the status of the Senegal River of 11 March 1972, the Convention establishing the Organisation of 11 March 1972, the Convention on the Legal Status of the Common Works of 21 December 1978, the Convention on the Arrangements for the financing of the joint works of 12 May 1982, the Convention establishing the Diama Management Agency (SOGOL) of 07 January 1997, the Convention establishing the Manantali Energy Management Agency (SOGEM) On January 07, 1997, the Charter of

Water of the Senegal River of 28 May 2002, the International Code of Navigation and Transport on the Senegal River of 13 March 2006, the Treaty of Accession of the Republic of Guinea of 17 March 2006.


TITLE II. -THE LEGAL FORM, THE SEAT AND THE MISSIONS


Art. 2. -It is hereby established, under the supervision of the Organisation, an Agency for Management, Navigation and Transport on the River Senegal responsible for the management and administration of navigation and transport activities on the river, as well as the operation, of The maintenance and renewal of the works entrusted to it.


Article 3. -The Management Agency shall be established in the form of an inter-state public company whose regime is defined in the Institutional texts and in particular in Titles V and VI of the Convention of 21 December 1978 relating to the legal status of Common works. It is named " "Société de Gestion et d' Exploitation de la Navigation", in short SOGENAV.


Art. 4. -The headquarters of SOGENAV is set in Nouakchott, in the Islamic Republic of Mauritania. It may be transferred to any other place by decision of the Council of Ministers.


Art. 5. -The statutes of the SOGENAV will determine the amount of its capital to be subscribed by the member states of the O. MR. V. S and its distribution.

The Minister's Council may decide at a later date on the opening of capital under conditions that it will define.

In the event of the opening of the capital of the SOGENAV to the private sector, the Council of Ministers shall determine the amount of their participation in the capital and the modalities of their involvement in the legislative and management bodies of the company.


Article 6. -The common works, the ancillary works and the ancillary works for river and river navigation for which, the Member States entrust to the SOGENAV, the tasks of construction, operation, maintenance and Renewal are:

(a) the works of the navigable channel;
(b) the port of Saint-Louis;
(c) the Terminal River Port of Ambidédi;
(d) Further development in Ambidédi: commercial station, Ambidedicate-Kayes road and bridge over the Senegal River in Kayes;
(e) The river stops of Rosso-Mauritania, Richard Toll, Dagana, Podor, Boghé, Cas-Cas, Kaédi, Matam, Bakel and Gouraye.

In addition, the Organization may entrust the SOGENAV, the carrying out, the operation, the maintenance and the renewal of other common works, annexes and accessories where works are related to river and river navigation and to the Transportation on the Senegal River.


Art. 7. -In the context of the tasks entrusted to it, the SOGENAV ensures the management and administration of navigation and transport on the river Senegal and the operation, maintenance and renewal of the works entrusted to it by Member States.

It exercises the prerogatives of the competent authority of the OMVS as provided for in Article 14 of the International Code of Navigation and Transport on the River Senegal, in particular:

-fixing the areas of navigation;
-the police of navigation in these areas;
-prevention and control of pollution;
-hydrographic control;
-river signalling and its maintenance;
-accident prevention;
-Search and rescue in cooperation with the competent services of the Member States;
-assistance to ships, boats and boats in difficulty;
-the issuing of authorisations for the operation of a transport line, or the chartering of ships, boats and boats;
-the creation of a river transport observatory;
-the holding of a register of the registration of vessels, boats and boats engaged in navigation on the river;
-the monitoring of the state of ships, boats and boats from the point of view of safety and pollution prevention;
-management of pilotage stations;
-the application of the owners of shipwrecks for removal;
-followed by the application of the standards governing navigation and transport on the river.


It is also responsible for:

-management in direct control or by concession of works used in the context of navigation;
-the control of the work of rehabilitation, the maintenance of improvement of the installations and the infrastructures of navigation;
-maintenance of waterways;
-the realisation of the dragoons of the navigable channel and the areas of the port and river area;
-the programming of investments and the search for financing necessary for their implementation;
-the management of these direct or surrendered debts;
-training of staff;
-the completion of the technical studies necessary for the proper functioning of the infrastructures and waterways on the Senegal River entrusted to it.


The Council of Ministers shall determine the rules governing the exercise by the Agency of the prerogatives listed above and define the procedures according to which it carries out its task of monitoring navigation.



TITLE III. -ORGANIZATION AND OPERATION


Article 8. -the SOGENAV is governed by all the Institutional Texts, by this Convention, by all the International Conventions relating to navigation and transport, ratified by the member states of the OMVS, by its statutes and, the case By the law of the State of the registered office.

The SOGENAV enjoys, without restriction, the privileges and immunities granted to the management agencies by Articles 21 et seq. Of the Convention of 21 December 1978 relating to the legal status of Community Works. By way of derogation from the provisions of Article 25 of the said Convention, the SOGENAV may waive, in the context of specified operations, the immunities of enforcement and jurisdiction enjoyed by the SOGENAV under that Article. This waiver must, in each case, be authorized by a deliberation of the Board of Directors of the corporation.



Art. 9.
-The organs of SOGENAV are:

-the Council of Ministers acting as a general assembly;
-the Board of Directors;
-the Branch.


The composition, arrangements for the organisation and operation of the organs of the SOGENAV are defined by its statutes.


Art. 10. -The SOGENAV shall exercise, itself, the tasks entrusted to it by this Convention, or through any third party, natural person or legal person of public or private law; to that end, it may conclude contracts.


Art. 11. -the provisions of Articles 9 and 10 of the aforementioned Convention shall apply to natural or legal persons and to groups of natural or legal persons entrusted by the SOGENAV with the performance of works or services in respect of The construction, maintenance and maintenance of Community Works.

Art. 12. -The management of the water bodies, the rades in the port areas and the level of water in the navigable channel, is in compliance with the provisions of the Charter of the Waters of the River Senegal and those of the International Code of Navigation and Transport on the river Senegal, in accordance with the water and environmental management programmes, adopted by the Council of Ministers



TITLE VI. -FINANCIAL ARRANGEMENTS


Art. 13. -The SOGENAV to the exclusive right of use of the works of navigation whose management, maintenance operations are entrusted to it and that of providing service through these works.


It may also, or any part thereof, or delegate or concede exploitation for remuneration.

The principles and pricing mechanisms relating to the use of the common works, annexes and accessories to navigation, services and services rendered by the SOGENAV, charges and other charges related to the transport and transit of Goods and persons are subject to agreement between the states.


Art. 14. -The SOGENAV derives its resources, primarily from the royalties, from the tolls of any other duties payable on the remuneration of the port services related to the exploitation of the Works of Navigation.

In the light of taxation and the recovery of operating resources, without prejudice to the provisions of Title VI of the Convention on the Legal Status of Works of 21 January 1978 relating to the privileges and immunities granted In the case of management agencies, the SOGENAV is subject to the rules of general taxation in force in the Member States.


The participating States will provide support to the SOGENAV for the recovery of the resources, royalties, tolls and remuneration of port services relating to the operation of the common works, annexes and accessories of the Navigation By the Professional Operations, the amodiees and all other operators of these works and any other duties owing, in respect of the missions of the SOGENAV, or those of the companies to which it has delegated all or part of the Missions.


Art. 15. -in addition to the initial allocation to the capital of the SOGENAV is its own resources referred to in Article 14 above, the SOGENAV may have recourse for the implementation and operation of the Community Works for which it has the responsibility, the arrangements for The following funding:


(a) advances made by States;
(b) loans contracted by member states and returned to the SOGENAV;
(c) grants, gifts, bequests and other liberalities, including technical assistance;
(d) loans contracted by the SOGENAV with or without guarantees.


In addition, the SOGENAV manages the funds provided for in Article 194 of the International Code of Navigation and Transport on the Senegal River, which is supplied by the proceeds of the fines imposed on offenders under the provisions of the Code and Which is intended to finance the maintenance of the depths, the signalling and the acquisition of the means of relief.

The SOGENAV takes the accounting provisions necessary to individualise and make this fund appear in its accounts.


Art. 16. -The provisions of the Convention of 12 May 1982 relating to the financing arrangements for the common works shall apply to loans contracted by the SOGENAV.

In the context of its relations with its donors, the SOGENAV is entitled, on the authorisation of its Board of Directors, to give as security all or part of its income.


Art. 17. -The service of the debt of the SOGENAV shall be provided by the revenue collected in accordance with the provisions of this Convention.

In the event of insufficient income, the servicing of the debt shall be provided by the advances of the shareholder States under the conditions referred to in paragraphs (a) and (c) of Article 15 above.


Art. 18. -Member States shall grant to SOGENAV all exchange and transfer facilities for its operations, including debt service.


Art. 19. -The resources of the SOGENAV should enable it in particular to:

-to meet its operating and operating expenses;
-servicing the debt incurred or charged to it;
-constituting a provision for the renewal of equipment, installations and works;
-to establish a fund for hydrological risk and other climatic hazards in order to cope, where appropriate, with the operating, operating and servicing costs of the debt;
-to ensure in general all the tasks entrusted to it by this Convention.



TITLE VI. -FINAL PROVISIONS


Article 20. -This Convention may be revised at the request of one of the Member States. The request for revision shall be addressed in writing to the President-in-Office of the Conference of Heads of State and Government.


Article 21. -A Member State which wishes to denounce this Convention must enter into negotiations with other Member States, on the one hand, the interested third parties, on the other, with a view to the liquidation of those rights and obligations relating to the implementation and The management of the Works, Annexes and Accessories and the SOGENAV.

Denunciation shall only become effective when that State has entered into satisfactory settlement agreements for the other Member States, on the one hand, and interested third parties on the other.


Art. 22. -any dispute arising between the Member States relating to the interpretation or application of this Convention shall be resolved through conciliation and mediation.

In the absence of an agreement, the Member States will have to refer the matter to the competent body of the African Union, as a last resort the International Court of Justice is seized.


Article 23. -This Convention shall be ratified by each Member State in accordance with its own constitutional procedures.

It shall enter into force immediately after the deposit of the last instrument of ratification.

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


Article 24. -This Convention shall be addressed to the African Union Commission and to the General Secretariat of the United Nations upon its entry into force.

In witness whereof, we, Heads of State and Government of the Republic of Guinea, of the Republic of Mali, of the Islamic Republic of Mauritania and of the Republic of Senegal, sign the present Convention on ................... In eight (8) copies, in French.

For the Republic of Guinea
His Excellency, Sir
Alpha CONDE
President of the Republic


For the Republic of Mali
His Excellency, Sir
Amadou Toumani TOURE
President of the Republic
Head of State

For the Islamic Republic of Mauritania
His Excellency, Sir
Mouhamed Ould ABDEL AZIZ
President of the Republic

For the Republic of Senegal
His Excellency, Sir
Abdoulaye WADE
President of the Republic