Act No. 2016-02 Of 06 January 2016

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

Read the untranslated law here: http://www.jo.gouv.sn/spip.php?article10699

Law No. 2016-02 of 06 January 2016 Act No. 2016-02 of 06 January 2016 authorising the President of the Republic to ratify the Convention on the establishment of the Agency of management and operation of navigation on the Senegal River, adopted June 09, 2011, in Nouakchott (Mauritania).

STATEMENT of reasons in accordance with the objectives assigned since its inception, March 11, 1972, the Organization for the development of the Senegal River (OMVS), has developed an ambitious programme based on the control of water resources to promote and develop the three axes of its policy that are:-culture irrigated to develop agriculture;
-electricity by hydroelectric works;
-inland navigation.

As part of river navigation, the heads of State and Government of Guinea, Mali, Mauritania and Senegal adopted June 09, 2011, in Nouakchott, the Convention on the establishment of the Agency of management and operation of navigation and transport on the Senegal River.

The Agency of management and operation of Navigation and transport on the Senegal River, referred to as "Company management and operation of Navigation" (SOGENAV), is an interstate public company responsible for the management of the activities of navigation and transport on the River as well as the operation, maintenance and renewal of the works entrusted to him.

The SOGENAV whose headquarters is based in Nouakchott (Mauritania), also exercises the prerogative of the competent authority of such 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) blogs, aims to regulate and promote, sustainable way, navigation on the range of the Senegal River, St. Louis (in Senegal) to Am-bidedi (in Mali) passing through the port stops located along Mauritania and Senegal River.

It also governs the missions, the Organization and the terms of operation of the Agency of management and operation of navigation and transport on the Senegal River and defines its funding mechanisms.

Any Member State that so wishes may solicit the revision or denounce the agreement in accordance with the provisions of articles 20 and 21 of the Convention.

Any dispute between Member States, concerning the interpretation or application of this agreement will be resolved by conciliation and mediation.

This Convention comes into force immediately after ratification by all the four (4) Member States of OMVS.

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

Senegal, in ratifying the Convention, contributes significantly to the navigation pane of the Senegal River, which no doubt will facilitate the movement of local residents and will further strengthen trade between Member countries.

Such 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 Convention on the establishment of the Agency of management and operation of navigation on the Senegal River, adopted June 09, 2011, in Nouakchott (Mauritania).

The present will be executed as a law of the State.

Made in Dakar, 06 January 2016 Macky SALL.
By the President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE CONFERENCE of Heads of State and of GOUVERNEMENTRE SOLUTION No. 00020, ER, CGC, 2011 on A the ADOPTION of the CONVENTION bearing CREATION of the society of management and of operation of the NAVIGATION on the river SENEGAL the heads of State of:-the Republic of Guinea;
-the Republic of Mali;
-the Islamic Republic of Mauritania;
-the Republic of Senegal;

Pursuant to the amended Convention relating to the status of the Senegal River from 11 March 1972;
Pursuant to the amended Convention on the establishment of the Organization for the development of the Senegal River (OMVS) from 11 March 1972;
Having regard to the Convention on the common structures status legal of December 21, 1978;
Having regard to the Convention on the terms of the common works funding of May 12, 1982;
Having regard to the Charter of the waters of the Senegal River on May 28, 2002;
Having regard to the Treaty of accession of the Republic of Guinea to the OMVS's March 17, 2006.
Having regard to the international Code of Navigation and transport on the river Senegal on March 13, 2006;
Having regard to Resolution No. 0012/XIV/CGC/SN/D/2006 regarding the Development Programme of common Action.
Having regard to Resolution No. 00474 / Er/CM/ML/BKO/61st na/2009 concerning the establishment of the management company and Exploitation of Navigation on the Senegal River;
Having regard to Resolution No. 00518 / ER, CM, NKT, 63rd na/2010 of the Council of Ministers of the Organization for the development of the Senegal River, recommending the adoption of the Convention on the establishment of the SOGENAV.

After having deliberated;

ADOPT the Convention on the establishment of the management company and Exploitation of Navigation on the Senegal River, attached.

AGREE to submit to ratification by 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 TOURÉ, President of the Islamic Republic of Mauritania mens OULD ABDEL AZIZ the President of the Republic of Senegal ABDOULAYE WADE CONVENTION establishing the management agency of NAVIGATION on the river SENEGAL the heads of State and of Government:-the Republic of Guinea;
-of the Republic of Mali;
-of the Islamic Republic of Mauritania;
-of the Republic of Senegal;

Having regard to the Charter of the Organization of the United Nations of 26 June 1945;
Having regard to the Treaty establishing the African Union on 11 July 2000;
Having regard to the Convention relating to the status of the Senegal River from 11 March 1972;
Having regard to the Convention establishing the Organization for the development in value of river Senegal (O.M.V.S) of 11 March 1972;
Having regard to the Convention relating to status legal of structures common to 21 December 1978;
Having regard to the Convention on the financing arrangements for the common structures of May 12, 1982;
Having regard to the Charter of waters of river Senegal on May 28, 2002;
Having regard to the Treaty of accession of the Republic of Guinea to the OMVS's March 17, 2006.
Having regard to the International Code of Navigation and transport on the river Senegal on March 13, 2006;
Having regard to the Resolution No. 00474/ER/CM/ML / on the establishment of the management company and Exploitation of Navigation on the Senegal River by October 1, 2009;

Whereas commissioning of the dam of Diama in August 1986 and Manantali in March 1988, which allowed the Organization to carry out one of the most remarkable achievements in sub-Saharan Africa;

Whereas the partial control of the waters of the Senegal River by his so-called books "first generation works" become a reality since the year 1988, and which allowed to develop irrigated agriculture and access to drinking water, as well as the availability of energy cheap from the year 2002;

Whereas the implementation of directives from the 'declaration of Nouakchott' of the heads of State and Government of the OMVS of 21 May 2003 on the new framework of strategic direction of the organization which resulted, inter alia, to the renovation of the normative arsenal in the accession of the Republic of Guinea to the OMVS in the development of the management program integrated resources water and development of multipurpose in the basin of the river Senegal only as well as to the implementation of the programme of development of the hydraulic works to multiple goals, so-called "second-generation ouvrages", by the laying of the first stone of the construction works for the Felou hydroelectric;

Whereas all these actions are part of the strengthening of the capacity of the Organization to provide solid guarantees of development sectors socio-economic and merchant of the Member States, beneficiaries of the development of the Senegal River;

Whereas with a particular focus on the transport sector in the "Declaration of Nouakchott", heads of State signatories to the Convention intend to highlight the importance and the priority to be given to the development of the project navigation on the Senegal River, through structuring a programme of multimodal transport, integrating all modes of transport from surface of the basin and adjacent areas in order to strengthen the social and economic integration of the populations in the context of sustainable development;

Whereas the decision of the heads of State and Government signatory to this Convention, to create the management agency of Navigation and transport on the Senegal River in order to give a strong impetus to the organization.

HAVE AGREED AS FOLLOWS: TITLE FIRST. -DEFINITIONS Article 1. -The following terms have the following meaning whenever they are used in the present convention.

"Conference of Heads of State and Government" refers to the supreme authority of the Organization as referred to in article 3 of the Convention of March 11, 1972, establishing the Organization as amended;

"Council of Ministers" means the Council of Ministers of the Organization as a body design and control of the organization established by articles 8 et seq. of the Convention of March 11, 1972, establishing the Organization as amended;

'Member States' shall mean the Member States of WIPO, signatories of this Convention;


"Joint works" means works meeting the criteria of article 2 of the Convention of 21 December 1978 relating to the legal status of the common works, these works including the works referred to in article 5 below.

"Works schedules" designated works that are physically incorporated into a common work;

"Works accessories" refers to works which, without be physically incorporated into a common book, are used for the proper functioning of this joint work;

"Organization" means the Organization for the development of du Fleuve Sénégal (OMVS);

"Institutifs text" means the Convention relating to the status of the Senegal River from March 11, 1972, the Convention on the establishment of the Organization's March 11, 1972, the Convention on the legal status of the common works of December 21, 1978, the Convention on the financing arrangements for the common works of May 12, 1982, the Convention on the establishment of the Agency management of operation of Diama (SOGED) January 07, 1997 the Convention on the establishment of the Agency for energy management of Manantali (SOGEM) of January 07, 1997, the Charter of the waters of the river Senegal on 28 May 2002, the International Code of Navigation and transport on the river Senegal on March 13, 2006, the Treaty of accession of the Republic of Guinea from March 17, 2006.


TITLE II. -OF the name, legal form, headquarters and MISSIONS art. 2. - it is created, under the tutelage of the Organization, an agency of management, navigation and transport on the Senegal River responsible for managing and administering the activities of navigation and transport on the River as well as the operation, maintenance and renewal of the works entrusted to him.

S. 3 - the management agency is created in the form of an interstate public corporation which is defined in the Institutifs texts and in particular titles V and VI of the Convention on 21 December 1978 relating to the legal status of the common books. It is referred to as "Company management and operation of the Navigation", abbr. SOGENAV.

S. 4. - the registered office of the SOGENAV is set at Nouakchott, Islamic Republic of Mauritania. It may be transferred to any other place by decision of the Council of Ministers.

S. 5. - the Statute of the SOGENAV will fix the amount of its capital to be subscribed by the Member States of the O. M.V.S as well as its distribution.

The Council of Ministers may decide the opening up of capital on terms that it will define the future.

In case of 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 terms of their involvement in the legislative bodies and management of the company.

S. 6.-common structures and appurtenant structures and ancillary works intended for inland navigation and sea-river vessels for which, the Member States shall entrust to the SOGENAV tasks of construction, operating, maintenance and renewal are: has) the works of the fairway;
b) port St. Louis River;
c) the Port River terminus of Ambidedi.
d) complementary amenities at Ambidedi: station commerciale, paved road Ambidedi-Kayes and bridge on the river Senegal to Kayes.
(e) the river stops of Rosso-Mauritania, Richard Toll, Dagana, Podor, Boghe, case-to-case, Kaédi, Matam, Bakel and Gouraye).

In addition, the organization may entrust to the SOGENAV, the implementation, operation, maintenance and renewal other common, ancillary and incidental works when books are related to inland and sea-river vessels and transport on the Senegal River.

S. 7 - on missions that are entrusted to it, the SOGENAV provides the management and administration of navigation and transport on the Senegal River as well as the operation, maintenance and renewal of structures which are entrusted to it by Member States.

It exercises the powers of the competent authority of such OMVS as provided for in article 14 of the international Code of navigation and transport on the Senegal River and in particular:-the establishment of areas of navigation;
-the police of navigation in these areas;
-the prevention and the fight against pollution;
-drainage control;
-River signalling and maintenance;
-the prevention of accidents;
-the search and rescue in collaboration with the competent services of the Member States;
-assistance to ships, boats, and vessels in difficulty;
-the licensing of transmission line operating, or chartering of vessels, and vessels;
-the creation of an Observatory of inland waterway transport;
-the maintenance of a register of registration of vessels, and vessels carrying a navigation on the river.
-control of the State of the vessels, and vessels from the point of view of safety and prevention of pollution;
-management of pilot stations;
-the notice of owners of wrecks for their removal;
-followed by the application of standards governing navigation and transport on the river.

It is responsible in addition for:-management in direct authority or by way of concession of the used works in the context of navigation;
-the control of work of the rehabilitation, maintenance of facilities and infrastructure of navigation improvement;
-maintenance of waterways;
-the realization of the dredging of the navigable channel and the port and river domain zones;
-programming of investments and research funding needed to achieve them;
-management of these direct debts or surrendered;
-the training of personnel;
-the realization of the technical studies necessary for the proper functioning of infrastructures and waterways on the Senegal River that are entrusted to it.

The Council of Ministers determines the rules that govern the exercise by the Agency of the above prerogatives and define the procedures under which it accomplishes its monitoring of navigation.

TITLE III. -Organization and functioning art. 8 - the SOGENAV is governed by the Institutifs texts set by this Convention, by all of the international Conventions relating to the navigation and transport, ratified by the Member States of OMVS, by its statutes and, where appropriate by the law of the State of the head office.

The SOGENAV without limitation, benefits from the privileges and immunities granted to management agencies by articles 21 et seq. of the Convention of 21 December 1978 relating to the legal status of common structures. By derogation from the provisions of article 25 of the said Convention, the SOGENAV may waive, as part of operations determined in execution and jurisdiction immunities enjoyed by it under the terms of that article. In each case, this waiver must be authorized by a decision of the Board of Directors of the company.

S. 9 - the bodies of the SOGENAV are:-the Council of Ministers acting as General Assembly;
-the Board of Directors;
-the Directorate-General.

The composition, organization and functioning of the organs of the SOGENAV terms are defined by its statutes.

S. 10 - the SOGENAV exercises, itself, the missions entrusted by the Convention or by the intermediary of any third party, individual or person entity of public law or private; for this purpose, it may conclude contracts.

S. 11. - the provisions of articles 9 and 10 of the Convention shall apply to natural or legal persons and groups of persons or legal entities loaded by the SOGENAV of the execution of works or provision of services during the construction, maintenance and maintenance of structures common.

S. 12. - the management of waterbodies, rades in the port areas and the water level in the navigable channel, fits including the compliance with the provisions of the Charter of the waters of the Senegal River and those of the International Code of Navigation and transport on the Senegal River, in accordance with the water and environmental resources management programmes adopted by the Council of Ministers title VI. -PROVISIONS financial arts. 13 - the SOGENAV to the exclusive right of use of the works of navigation including management, maintenance operations are entrusted and to ensure the services through these books.

It may also, or part thereof or to delegate or grant exploitation against remuneration.

Pricing mechanisms related to the use of the works common, annexes and accessories of navigation, benefits and services rendered by the SOGENAV, royalties and other fees related to the transport and transit of goods and people and principles are agreed between States.

S. 14. - the SOGENAV pulls its resources, principally, charges, tolls of any other fees to the remuneration of port services related to the operation of the works of Navigation.

From the point of view of taxation and recovery of operating resources, without prejudice to the provisions of title VI of the Convention on the legal status of common works of 21 January 1978 relating to the privileges and immunities granted to management agencies, the SOGENAV is subject to the rules of the overall tax system in force in the Member States.


States shareholders will lend their support to the SOGENAV for the recovery of resources, fees, tolls and the remuneration of port services related to the operation of common, annexes and accessories of Navigation by professional Operations, the amodiataires and all other operators of these works and all other fees payable in respect of the SOGENAV missions , or those companies to which it has delegated all or part of the tasks.

S. 15.-also the initial endowment to the capital of the SOGENAV is its own resources referred to in article 14 above, the SOGENAV can be used for the implementation and operation of common works which it is responsible, to the following funding rules: has) advances paid by the States;
(b) loans contracted by Member States and retroceded to the SOGENAV;
(c) grants, donations, bequests and other gifts, including technical assistance;
(d) borrowings 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 fed by the proceeds of the fines imposed on the offenders to the provisions of the Code, which is intended to fund maintenance of the depths, signaling and the acquisition of the means of relief.

The SOGENAV takes the accounting provisions necessary to individualize and bring up this Fund in its accounting records.

S. 16. - the provisions of the Convention on May 12, 1982, relating to the arrangements for financing of common structures are applicable to loans contracted by the SOGENAV.

In its relations with its donors, the SOGENAV is empowered, with the approval of its Board of Directors, to guarantee all or part of its income.

S. 17 - the SOGENAV debt is serviced by revenues collected pursuant to the provisions of this Convention.

En_cas_de failure of these revenues, debt service will be provided by advances from States shareholders under the conditions referred to in paragraphs a) and (c)) of article 15 above.

S. 18. - the Member States give to the SOGENAV all facilities of Exchange and transfer to its operations, including servicing the debt.

S. 19 - the resources of the SOGENAV should allow in particular of:-deal with its operating and operating expenses;
-servicing the debt contracted or its charged;
-make a provision for the renewal of equipment, facilities and structures;
-establish a Fund for hydrological risk and other climatic hazards to address, where appropriate, operating expenses, operating and debt service;
-ensure generally all missions which are entrusted to it by this Convention.



TITLE VI. -FINAL article provisions 20. - this agreement may be revised at the request of one of the Member States. The request for review shall be addressed in writing to the president of the Conference of Heads of State and Government.

S. 21 - a Member State which wishes to denounce this Convention shall enter into negotiations with other Member States, on the one hand, interested parties, on the other hand, in view of the liquidation of these rights and obligations relating to the realization and management of common, Annexes structures and accessories and the SOGENAV.

Denunciation becomes effective only when that State has endorsed agreements satisfactory regulation for the other Member States, on the one hand, and interested parties, on the other hand.

S. 22. - any dispute which may arise between States concerning the interpretation or application of the present Convention shall be resolved by conciliation and mediation.

Failing agreement, the Member States should seize the body competent for the African Union, last use of the International Court of Justice had before it.

S. 23 - this Convention shall be ratified by each Member State according to its own constitutional procedures.

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

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

S. 24 - this Convention shall be sent for registration with the commission of the African Union and the secretariat of the United Nations at its entry into force.

In faith whereof, we, the heads of State and Government of the Republic of Guinea, the Republic of Mali, the Islamic Republic of Mauritania and the Republic of Senegal, are signing this agreement the...... In eight (8) copies, in French-language.

For the Republic of Guinea his Excellency Alpha CONDE, President of the Republic for the Republic of Mali His Excellency Mr Amadou Toumani TOURÉ President the Republic head of State for the Republic Islamic of Mauritania His Excellency, Mr Melton Ould ABDEL AZIZ President of the Republic for the Republic of Senegal his Excellency Mr Abdoulaye WADE, President of the Republic