Article 3
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland Done at Brussels, 3 June 2003. For the Commission Franz Fischler Member of the Commission (1) OJ L 83, 27.3.1999, p. 1. (2) OJ C 38, 12.2.2002, p. 7. (3) Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organisation of the market in fishery and aquaculture products (OJ L 388, 31.12.1992, p. 1). This Regulation is now replaced by Regulation No 104/2000 of 17 December 1999 (OJ L 17, 21.1.2000, p. 1). (4) OJ C 100, 27.3.1997, p. 12. (5) OJ L 376, 31.12.1986, p. 7. (6) See recital 14. (7) See recitals 29 and 32. (8) In Appendix 3 of the letter of the SDT sent through the letter of the United Kingdom dated 6 February 2002. (9) In Appendix 2(a) to 2(e) to the same letter. (10) The fact that the prices quoted in Fishing News and those specified in the invoices are comparable shows that those quoted in Fishing News can be considered as a useful reference, contrary to what the United Kingdom authorities claimed (see above, point 33). (11) In Appendix 2 to the same letter of the SDT sent through the letter of the United Kingdom dated 6 February 2002. (12) OJ C 273, 9.9.1997, p. 2. (13) See recitals 31 and 35. (14) See recital 30. (15) "Clause 1: General. (b) This agreement sets forth the fees to be paid in respect of the import of crude oil into Shetland by pipeline and as compensation for disturbance caused thereby. Clause 5: Review: The parties recognise that the payments set out in this agreement have been agreed to as fair and equitable in the light of the circumstances as presently known to or anticipated by the parties including the circumstances that the terminal is intended to be used so far as practicable, for all imports of crude oil by pipeline into Shetland. If in the future there should be any change to these circumstances such as materially to alter the financial or economic effect to the parties of the arrangements between them, then they will meet together and renegotiate the parts of the agreement affected, in good faith in order so far as possible to restore the parties affected to their original position and, in the event of the parties thereafter failing to reach agreement, the matters in dispute between them shall be referred to arbitration in accordance with Clause 9 hereof. Clause 9: Arbitration: Any dispute between the parties touching the construction, meaning or effect of this agreement or the rights or liabilities of the parties hereunder, or any matter arising out of the same or connected therewith shall be referred to an arbiter to be agreed upon by the parties or, in default of such agreement, nominated on the application of either party by the President for the time being of the Law Society of Scotland. Any such reference shall be deemed to be a reference to arbitration within the meaning of the provisions of the Arbitration (Scotland) Act 1894 or any statutory modification or re-enactment thereof which may for the time being be in force. Clause 10: Applicable law: The construction, validity and performance of this agreement shall be governed by Scots Law." (16) See recital 11. (17) See recital 26. (18) Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (OJ L 376, 31.12.1986). This Regulation was replaced in 1994 by Council Regulation (EC) No 3699/93 of 21 December 1993 (OJ L 346, 31.12.1993). (19) At the time of the setting up of the scheme, this common organisation of markets was regulated by Council Regulation (EC) No 3759/92 of 17 December 1992 (OJ L 388 of 31.12.1992, p. 1), which has been replaced on 1 January 2001 by Council Regulation (EC) No 104/2000 of 17 December 1999 (OJ L 17, 21.1.2000, p. 22). (20) See recital 19. (21) See recital 34. (22) Available on the website http://www.defra.gov.uk/ (23) OJ C 19, 20.1.2001, p. 1. (24) See footnote 4. (25) See recital 45. (26) OJ C 288, 9.10.1999, p. 2. (27) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds, OJ L 161, 26.6.1999, p. 1.