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2010/717/EU: Council Decision of 8 November 2010 on the… Article 8

2010/717/EU: Council Decision of 8 November 2010 on the… Article 8

Article 8

Annex III shall be deleted and replaced by the following two Annexes: ‘Annex I to the Convention Scientific and statistical sub-areas, divisions and subdivisions The scientific and statistical sub-areas, divisions and subdivisions provided for by Article IV of this Convention shall be as follows: 1.(a)   Sub-area 0 That portion of the Convention Area bounded on the south by a line extending due east from a point at 61° 00′ N 65° 00′ W to a point at 61° 00′ N 59° 00′ W; thence in a south-easterly direction along a rhumb line to a point at 60° 12′ N 57° 13′ W; thence bounded on the east by a series of geodetic lines joining the following points: Point No Latitude Longitude 1 60° 12,0′ 57° 13,0′ 2 61° 00,0′ 57° 13,1′ 3 62° 00,5′ 57° 21,1′ 4 62° 02,3′ 57° 21,8′ 5 62° 03,5′ 57° 22,2′ 6 62° 11,5′ 57° 25,4′ 7 62° 47,2′ 57° 41,0′ 8 63° 22,8′ 57° 57,4′ 9 63° 28,6′ 57° 59,7′ 10 63° 35,0′ 58° 02,0′ 11 63° 37,2′ 58° 01,2′ 12 63° 44,1′ 57° 58,8′ 13 63° 50,1′ 57° 57,2′ 14 63° 52,6′ 57° 56,6′ 15 63° 57,4′ 57° 53,5′ 16 64° 04,3′ 57° 49,1′ 17 64° 12,2′ 57° 48,2′ 18 65° 06,0′ 57° 44,1′ 19 65° 08,9′ 57° 43,9′ 20 65° 11,6′ 57° 44,4′ 21 65° 14,5′ 57° 45,1′ 22 65° 18,1′ 57° 45,8′ 23 65° 23,3′ 57° 44,9′ 24 65° 34,8′ 57° 42,3′ 25 65° 37,7′ 57° 41,9′ 26 65° 50,9′ 57° 40,7′ 27 65° 51,7′ 57° 40,6′ 28 65° 57,6′ 57° 40,1′ 29 66° 03,5′ 57° 39,6′ 30 66° 12,9′ 57° 38,2′ 31 66° 18,8′ 57° 37,8′ 32 66° 24,6′ 57° 37,8′ 33 66° 30,3′ 57° 38,3′ 34 66° 36,1′ 57° 39,2′ 35 66° 37,9′ 57° 39,6′ 36 66° 41,8′ 57° 40,6′ 37 66° 49,5′ 57° 43,0′ 38 67° 21,6′ 57° 52,7′ 39 67° 27,3′ 57° 54,9′ 40 67° 28,3′ 57° 55,3′ 41 67° 29,1′ 57° 56,1′ 42 67° 30,7′ 57° 57,8′ 43 67° 35,3′ 58° 02,2′ 44 67° 39,7′ 58° 06,2′ 45 67° 44,2′ 58° 09,9′ 46 67° 56,9′ 58° 19,8′ 47 68° 01,8′ 58° 23,3′ 48 68° 04,3′ 58° 25,0′ 49 68° 06,8′ 58° 26,7′ 50 68° 07,5′ 58° 27,2′ 51 68° 16,1′ 58° 34,1′ 52 68° 21,7′ 58° 39,0′ 53 68° 25,3′ 58° 42,4′ 54 68° 32,9′ 59° 01,8′ 55 68° 34,0′ 59° 04,6′ 56 68° 37,9′ 59° 14,3′ 57 68° 38,0′ 59° 14,6′ 58 68° 56,8′ 60° 02,4′ 59 69° 00,8′ 60° 09,0′ 60 69° 06,8′ 60° 18,5′ 61 69° 10,3′ 60° 23,8′ 62 69° 12,8′ 60° 27,5′ 63 69° 29,4′ 60° 51,6′ 64 69° 49,8′ 60° 58,2′ 65 69° 55,3′ 60° 59,6′ 66 69° 55,8′ 61° 00,0′ 67 70° 01,6′ 61° 04,2′ 68 70° 07,5′ 61° 08,1′ 69 70° 08,8′ 61° 08,8′ 70 70° 13,4′ 61° 10,6′ 71 70° 33,1′ 61° 17,4′ 72 70° 35,6′ 61° 20,6′ 73 70° 48,2′ 61° 37,9′ 74 70° 51,8′ 61° 42,7′ 75 71° 12,1′ 62° 09,1′ 76 71° 18,9′ 62° 17,5′ 77 71° 25,9′ 62° 25,5′ 78 71° 29,4′ 62° 29,3′ 79 71° 31,8′ 62° 32,0′ 80 71° 32,9′ 62° 33,5′ 81 71° 44,7′ 62° 49,6′ 82 71° 47,3′ 62° 53,1′ 83 71° 52,9′ 63° 03,9′ 84 72° 01,7′ 63° 21,1′ 85 72° 06,4′ 63° 30,9′ 86 72° 11,0′ 63° 41,0′ 87 72° 24,8′ 64° 13,2′ 88 72° 30,5′ 64° 26,1′ 89 72° 36,3′ 64° 38,8′ 90 72° 43,7′ 64° 54,3′ 91 72° 45,7′ 64° 58,4′ 92 72° 47,7′ 65° 00,9′ 93 72° 50,8′ 65° 07,6′ 94 73° 18,5′ 66° 08,3′ 95 73° 25,9′ 66° 25,3′ 96 73° 31,1′ 67° 15,1′ 97 73° 36,5′ 68° 05,5′ 98 73° 37,9′ 68° 12,3′ 99 73° 41,7′ 68° 29,4′ 100 73° 46,1′ 68° 48,5′ 101 73° 46,7′ 68° 51,1′ 102 73° 52,3′ 69° 11,3′ 103 73° 57,6′ 69° 31,5′ 104 74° 02,2′ 69° 50,3′ 105 74° 02,6′ 69° 52,0′ 106 74° 06,1′ 70° 06,6′ 107 74° 07,5′ 70° 12,5′ 108 74° 10,0′ 70° 23,1′ 109 74° 12,5′ 70° 33,7′ 110 74° 24,0′ 71° 25,7′ 111 74° 28,6′ 71° 45,8′ 112 74° 44,2′ 72° 53,0′ 113 74° 50,6′ 73° 02,8′ 114 75° 00,0′ 73° 16,3′ 115 75° 05′ 73° 30′ and thence due north to the parallel of 78° 10′ N; and bounded on the west by a line beginning at 61° 00′ N 65° 00′ W and extending in a north-westerly direction along a rhumb line to the coast of Baffin Island at East Bluff (61° 55′ N 66° 20′ W); and thence in a northerly direction along the coast of Baffin Island, Bylot Island, Devon Island and Ellesmere Island and following the meridian of 80° W in the waters between those islands to 78° 10′ N; and bounded on the north by the parallel of 78° 10′ N. 1.(b)   Sub-area 0 is composed of two divisions: Division 0–A That portion of the sub-area lying to the north of the parallel of 66° 15′ N; Division 0–B That portion of the sub-area lying to the south of the parallel of 66° 15′ N. 2.(a)   Sub-area 1 That portion of the Convention Area lying to the east of sub-area 0 and to the north and east of a rhumb line joining a point at 60° 12′ N and 57° 13′ W with a point at 52° 15′ N and 42° 00′ W. 2.(b)   Sub-area 1 is composed of six divisions: Division 1A That portion of the sub-area lying north of the parallel of 68° 50′ N (Qasigiannguit); Division 1B That portion of the sub-area lying between the parallel of 66° 15′ N (approximately 5 nautical miles north of Umanarsugssuak) and the parallel of 68° 50′ N (Qasigiannguit); Division 1C That portion of the sub-area lying between the parallel of 64° 15′ N (approximately 4 nautical miles north of Nuuk) and the parallel of 66° 15′ N (approximately 5 nautical miles north of Umanarsugssuak); Division 1D That portion of the sub-area lying between the parallel of 62° 30′ N (Paamiut Glacier) and the parallel of 64° 15′ N (approximately 4 nautical miles north of Nuuk), Division 1E That portion of the sub-area lying between the parallel of 60° 45′ N (Cape Desolation) and the parallel of 62° 30′ N (Paamiut Glacier); Division 1F That portion of the sub-area lying south of the parallel of 60° 45′ N (Cape Desolation). 3.(a)   Sub-area 2 That portion of the Convention Area lying to the east of the meridian of 64° 30′ W in the area of Hudson Strait, to the south of sub-area 0, to the south and west of sub-area 1 and to the north of the parallel of 52° 15′ N. 3.(b)   Sub-area 2 is composed of three divisions: Division 2G That portion of the sub-area lying north of the parallel of 57° 40′ N (Cape Mugford); Division 2H That portion of the sub-area lying between the parallel of 55° 20′ N (Hopedale) and the parallel of 57° 40′ N (Cape Mugford); Division 2J That portion of the sub-area lying south of the parallel of 55° 20′ N (Hopedale). 4.(a)   Sub-area 3 That portion of the Convention Area lying south of the parallel of 52° 15′ N, and to the east of a line extending due north from Cape Bauld on the north coast of Newfoundland to 52° 15′ N; to the north of the parallel of 39° 00′ N; and to the east and north of a rhumb line commencing at 39° 00′ N 50° 00′ W and extending in a north-westerly direction to pass through a point at 43° 30′ N 55° 00′ W in the direction of a point at 47° 50′ N 60° 00′ W until it intersects a straight line connecting Cape Ray, 47° 37,0′ N 59° 18,0′ W on the coast of Newfoundland, with Cape North, 47° 02,0′ N 60° 25,0′ W on Cape Breton Island; thence in a north-easterly direction along said line to Cape Ray, 47° 37,0′ N 59° 18,0′ W. 4.(b)   Sub-area 3 is composed of six divisions: Division 3K That portion of the sub-area lying north of the parallel of 49° 15′ N (Cape Freels, Newfoundland); Division 3L That portion of the sub-area lying between the Newfoundland coast from Cape Freels to Cape St. Mary and a line described as follows: beginning at Cape Freels, thence due east to the meridian of 46° 30′ W, thence due south to the parallel of 46° 00′ N, thence due west to the meridian of 54° 30′ W, thence along a rhumb line to Cape St. Mary, Newfoundland. Division 3M That portion of the sub-area lying south of the parallel of 49° 15′ N and east of the meridian of 46° 30′ W; Division 3N That portion of the sub-area lying south of the parallel of 46° 00′ N and between the meridian of 46° 30′ W and the meridian of 51° 00′ W; Division 3O That portion of the sub-area lying south of the parallel of 46° 00′ N and between the meridian of 51° 00′ W and the meridian of 54° 30′ W; Division 3P That portion of the sub-area lying south of the Newfoundland coast and west of a line from Cape St. Mary, Newfoundland to a point at 46° 00′ N 54° 30′ W, thence due south to a limit of the sub-area; Division 3P is divided into two subdivisions: 3Pn — North-western subdivision — That portion of division 3P lying north-west of a line extending from 47° 30,7′ N 57° 43,2′ W Newfoundland, approximately south-west to a point at 46° 50,7′ N and 58° 49,0′ W; 3Ps — South-eastern subdivision — That portion of division 3P lying south-east of the line defined for Subdivision 3Pn. 5.(a)   Sub-area 4 That portion of the Convention Area lying north of the parallel of 39° 00′ N, to the west of sub-area 3, and to the east of a line described as follows: beginning at the terminus of the international boundary between the United States of America and Canada in Grand Manan Channel, at a point at 44° 46′ 35,346′′ N 66° 54′ 11,253′′ W; thence due south to the parallel of 43° 50′ N; thence due west to the meridian of 67° 24′ 27,24′′ W; thence along a geodetic line in a south-westerly direction to a point at 42° 53′ 14′′ N 67° 44′ 35′′ W; thence along a geodetic line in a south-easterly direction to a point at 42° 31′ 08′′ N 67° 28′ 05′′ W; thence along a geodetic line to a point at 42° 20′ N 67° 18′ 13,15′′ W; thence due east to a point in 66° 00′ W; thence along a rhumb line in a south-easterly direction to a point at 42° 00′ N 65° 40′ W and thence due south to the parallel of 39° 00′ N. 5.(b)   Sub-area 4 is composed of six divisions: Division 4R That portion of the sub-area lying between the coast of Newfoundland from Cape Bauld to Cape Ray and a line described as follows: beginning at Cape Bauld, thence due north to the parallel of 52° 15′ N, thence due west to the Labrador coast, thence along the Labrador coast to the terminus of the Labrador-Quebec boundary, thence along a rhumb line in a south-westerly direction to a point at 49° 25′ N 60° 00′ W, thence due south to a point at 47° 50′ N 60° 00′ W, thence along a rhumb line in a south-easterly direction to the point at which the boundary of sub-area 3 intersects the straight line joining Cape North, Nova Scotia with Cape Ray, Newfoundland, thence to Cape Ray, Newfoundland; Division 4S That portion of the sub-area lying between the south coast of Quebec from the terminus of the Labrador Quebec boundary to Pte. des Monts and a line described as follows: beginning at Pte. des Monts, thence due east to a point at 49° 25′ N 64° 40′ W, thence along a rhumb line in an east-south-easterly direction to a point at 47° 50′ N 60° 00′ W, thence due north to a point at 49° 25′ N 60° 00′ W, thence along a rhumb line in a north-easterly direction to the terminus of the Labrador-Quebec boundary; Division 4T That portion of the sub-area lying between the coasts of Nova Scotia, New Brunswick and Quebec from Cape North to Pte. des Monts and a line described as follows: beginning at Pte. des Monts, thence due east to a point at 49° 25′ N 64° 40′ W, thence along a rhumb line in a south-easterly direction to a point at 47° 50′ N 60° 00′ W, thence along a rhumb line in a southerly direction to Cape North, Nova Scotia; Division 4V That portion of the sub-area lying between the coast of Nova Scotia between Cape North and Fourchu and a line described as follows: beginning at Fourchu, thence along a rhumb line in an easterly direction to a point at 45° 40′ N 60° 00′ W, thence due south along the meridian of 60° 00′ W to the parallel of 44° 10′ N, thence due east to the meridian of 59° 00′ W, thence due south to the parallel of 39° 00′ N, thence due east to a point where the boundary between sub-areas 3 and 4 meets the parallel of 39° 00′ N, thence along the boundary between sub-areas 3 and 4 and a line continuing in a north-westerly direction to a point at 47° 50′ N 60° 00′ W, and thence along a rhumb line in a southerly direction to Cape North, Nova Scotia; Division 4V is divided into two subdivisions: 4Vn — Northern subdivision — That portion of division 4V lying north of the parallel of 45° 40′ N; 4Vs — Southern subdivision — That portion of division 4V lying south of the parallel of 45° 40′ N. Division 4W That portion of the sub-area lying between the coast of Nova Scotia from Halifax to Fourchu and a line described as follows: beginning at Fourchu, thence along a rhumb line in an easterly direction to a point at 45° 40′ N 60° 00′ W, thence due south along the meridian of 60° 00′ W to the parallel of 44° 10′ N, thence due east to the meridian of 59° 00′ W, thence due south to the parallel of 39° 00′ N, thence due west to the meridian of 63° 20′ W, thence due north to a point on that meridian at 44° 20′ N, thence along a rhumb line in a north-westerly direction to Halifax, Nova Scotia; Division 4X That portion of the sub-area lying between the western boundary of sub-area 4 and the coasts of New Brunswick and Nova Scotia from the terminus of the boundary between New Brunswick and Maine to Halifax, and a line described as follows: beginning at Halifax, thence along a rhumb line in a south-easterly direction to a point at 44° 20′ N 63° 20′ W, thence due south to the parallel of 39° 00′ N, and thence due west to the meridian of 65° 40′ W. 6.(a)   Sub-area 5 That portion of the Convention Area lying to the west of the western boundary of sub-area 4, to the north of the parallel of 39° 00′ N, and to the east of the meridian of 71° 40′ W. 6.(b)   Sub-area 5 is composed of two divisions: Division 5Y That portion of the sub-area lying between the coasts of Maine, New Hampshire and Massachusetts from the border between Maine and New Brunswick to 70° 00′ W on Cape Cod (at approximately 42° N) and a line described as follows: beginning at a point on Cape Cod at 70° W (at approximately 42° N), thence due north to 42° 20′ N, thence due east to 67° 18′ 13,15′′ W at the boundary of sub-areas 4 and 5, and thence along that boundary to the boundary of Canada and the United States; Division 5Z That portion of the sub-area lying to the south and east of division 5Y. Division 5Z is divided into two subdivisions: an eastern subdivision and a western subdivision defined as follows: 5Ze — Eastern subdivision — That portion of division 5Z lying east of the meridian of 70° 00′ W; 5Zw — Western subdivision — That portion of division 5Z lying west of the meridian of 70° 00′ W. 7.(a)   Sub-area 6 That part of the Convention Area bounded by a line beginning at a point on the coast of Rhode Island at 71° 40′ W, thence due south to 39° 00′ N, thence due east to 42° 00′ W, thence due south to 35° 00′ N, thence due west to the coast of North America, thence northwards along the coast of North America to the point on Rhode Island at 71° 40′ W. 7.(b)   Sub-area 6 is composed of eight divisions: Division 6A That portion of the sub-area lying to the north of the parallel of 39° 00′ N and to the west of sub-area 5; Division 6B That portion of the sub-area lying to the west of 70° 00′ W, to the south of the parallel of 39° 00′ N, and to the north and west of a line running westward along the parallel of 37° 00′ N to 76° 00′ W and thence due south to Cape Henry, Virginia; Division 6C That portion of the sub-area lying to the west of 70° 00′ W and to the south of division 6B; Division 6D That portion of the sub-area lying to the east of divisions 6B and 6C and to the west of 65° 00′ W; Division 6E That portion of the sub-area lying to the east of division 6D and to the west of 60° 00′ W; Division 6F That portion of the sub-area lying to the east of division 6E and to the west of 55° 00′ W; Division 6G That portion of the sub-area lying to the east of division 6F and to the west of 50° 00′ W; Division 6H That portion of the sub-area lying to the east of division 6G and to the west of 42° 00′ W. ‘Annex II to the Convention Rules concerning the ad hoc panel procedure pursuant to Article XV 1. The Executive Secretary shall establish and maintain a list of experts who are willing and able to serve as panellists. Each Contracting Party shall be entitled to nominate up to five experts whose competence in the legal, scientific or technical aspects of fisheries covered by the Convention is established. The nominating Contracting Party shall provide information on relevant qualifications and experience of each of its nominees. 2. The Contracting Parties to the dispute shall notify the Executive Secretary of their intention to submit a dispute to an ad hoc panel. The notification shall be accompanied by a full description of the subject matter of the dispute as well as the grounds invoked by each Party. The Executive Secretary shall promptly transmit a copy of the notification to all Contracting Parties. 3. Where another Contracting Party wishes to become Party to a dispute, it may join the process of constituting a ad hoc panel, unless the original Parties to the dispute disagree. The Contracting Party wishing to become a party to the dispute should notify this intention within 15 days after having received the notification referred to in paragraph 2. 4. No sooner than 30 days and no later than 45 days after the notification referred to in paragraph 2, the Contracting Parties to the dispute shall notify the Executive Secretary of the constitution of the ad hoc panel, including the names of the panellists and the time schedule for its work. Unless the Parties agree otherwise, the following shall apply: (a) the ad hoc panel shall consist of three members; (b) the Contracting Parties to the dispute shall each select one panellist and agree on the third panellist; (c) the third panellist shall chair the ad hoc panel; (d) the third panellist shall not be a national of either Contracting Party to the dispute and shall not be of the same nationality as either of the first two panellists; and (e) in case of a dispute between more than two Contracting Parties, Contracting Parties to the dispute which are of the same interest shall select one panellist jointly. If the Parties to the dispute can not agree on the nomination of the third panellist, the President of the International Tribunal of the Law of the Sea shall make the appointment, unless the Contracting Parties to the dispute agree that the appointment be made by another person or a third State. The Executive Secretary shall promptly transmit a copy of the notification to all Contracting Parties. 5. Any Contracting Party, which is not a Party to the dispute, may attend all hearings of the ad hoc panel, make written and oral submissions to the ad hoc panel and receive the submissions of each Party to the dispute. 6. At the request of a Contracting Party to the dispute, or on its own initiative, the ad hoc panel may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties to the dispute so agree. 7. Unless the Contracting Parties to the dispute otherwise agree, the ad hoc panel shall, within 90 days from the constitution of the ad hoc panel, make its report and recommendations referred to in Article XV paragraph 4 of the Convention. The report and recommendations shall be confined to the subject matter of the dispute and state the reasons on which they are based. The report and recommendations shall be communicated promptly, through the Executive Secretary, to all Contracting Parties. 8. The ad hoc panel shall aim at reaching a consensus in its conclusions. If this is not possible the ad hoc panel shall reach its conclusions by a majority of its members, who may not abstain from voting. 9. The ad hoc panel may adopt any rules of procedure, which it deems necessary to accelerate the proceedings. 10. Costs of the ad hoc panel shall be borne by the Contracting Parties to the dispute in equal parts. 11. In relation to the ad hoc panel established pursuant to Article XIV paragraphs 7 and 8, the Parties shall be deemed to be the Commission and the objecting Contracting Party and the provisions of this Annex shall apply, with the exceptions of paragraphs 3 and 4(e). ’

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