Marknasemja

 

124  Uppskot til  samtyktar um góðkenning av sáttmála um marknaseting millum Føroya og Bretlands

Sáttmáli á enskum

Agreement

between the Government of the Kingdom of Denmark together with the Home Government of the Faroe Islands, on the one hand, and the Government of the United Kingdom of Great Britain and Northern Ireland, on the other hand, relating to the Maritime Delimitation in the area between the Faroe Islands and the United Kingdom

 

The Government of the Kingdom of Denmark together with the Home Government of the Faroe Islands, on the one hand, and the Government of the United Kingdom of Great Britain and Northern Ireland, on the other hand, ("the Parties"),

Having agreed to delimit the continental shelf in the area between the Faroe Islands and the United Kingdom within 200 nautical miles from the baselines from which the territorial sea of each Party is measured ("the Area"),

Having further agreed to delimit the waters superjacent to the continental shelf in part of the Area and to establish a special regime for the remaining part ("the Special Area"),

Have agreed as follows:

 

Article 1

(1) The continental shelf boundary in the Area shall be a series of geodetic lines joining, in the order specified, the points listed in Schedule A to this Agreement.

(2) By way of illustration, the boundary line and the points listed in Schedule A have been drawn on chart A annexed to this Agreement.

(3) In the Northeast the termination point of the boundary line is the equidistant tripoint between the Faroe Islands, Norway and the United Kingdom. In the Southwest the termination point of the boundary line is a point situated 200 nautical miles calculated from the territorial sea basepoints on Mykineshólmur and on St. Kilda, respectively.

 

Article 2

(1) If an accumulation of petroleum or any other mineral deposit is found in or on the continental shelf of one of the Parties and the other Party is of the opinion that the accumulation or deposit extends onto its continental shelf, the latter Party may, by presenting the evidence upon which the opinion is based, submit this to the first-mentioned Party.

(2) If such an opinion is submitted, the Parties shall initiate discussions on the extent of the accumulation or deposit and the possibility for exploitation. At these discussions, the Party initiating them shall support its opinion by evidence from geophysical data and geological data, including in due course drilling data, and both Parties shall use their best efforts to ensure that all relevant information is made available for the purposes of the discussions. If it is established during these discussions that the accumulation or deposit extends onto the continental shelf of both Parties and also that the minerals in the continental shelf of the one Party can be exploited wholly or in part from the continental shelf of the other Party or that the exploitation of the minerals in the continental shelf of the one Party would affect the possibility of exploitation of the minerals in the continental shelf of the other Party, agreement shall be reached at the request of one of the Parties particularly as to the manner in which any such accumulation or deposit shall be most effectively exploited and the proceeds relating thereto shall be apportioned.

(3) The Parties shall make every effort to resolve any disagreement as rapidly as possible. If however the Parties fail to agree during the discussions, they shall jointly consider all of the options for resolving the impasse including inviting the opinion of independent experts.

 

Article 3

(1) The boundary which separates the respective fishing zones of the Parties in the Area and within which the Parties exercise, or will exercise, in addition to those pertaining to the continental shelf, any sovereign rights or jurisdiction which are conferred on coastal states by international law, shall be geodetic lines joining, in the order specified, the points listed as points A to L and as points R to T in Schedule B to this Agreement.

(2) By way of illustration, the boundary line and the points listed in Schedule B have been drawn on chart B annexed to this Agreement.

 

Article 4

(1) In the area between the points L and R listed in Schedule B, the Special Area, each Party is entitled to exercise its jurisdiction and rights in accordance with the provisions of Articles 5, 6 and 7.

(2) The Special Area is described by the co-ordinates in Schedule C to this Agreement and, by way of illustration, drawn on chart C annexed to this Agreement.

 

Article 5

With regard to fisheries jurisdiction and rights in the Special Area each Party shall continue as heretofore:

  1. to apply the relevant rules and regulations applicable within its zone of fisheries jurisdiction concerning the management, including the issuing of fishing licences, and conduct of fisheries,
  2. to refrain from inspection and control of fishing vessels which operate in the Special Area solely under a licence issued by the other Party,
  3. to refrain from any action that would disregard or infringe upon the exercise of fisheries jurisdiction by the other Party or the conduct of fisheries under licence issued by the other Party.

 

Article 6

With regard to the exercise of its continental shelf jurisdiction and rights in the Special Area, each Party shall:

  1. take all possible steps to prevent and eliminate pollution from its offshore activities, in accordance with the Convention for the Protection of the Marine Environment of the North-East Atlantic, done at Paris on 22 September 1992, particularly Annex III thereof as amended from time to time
  2. take due account of the interest of the other Party in maintaining its fishing possibilities
  3. take measures to avoid unnecessary interference with fishing carried out under licence issued by the other Party,
  4. ensure that the other Party is given timely notification concerning any activity which may have a negative impact upon the marine environment or the fisheries under licence issued by the other Party, if the Party either has authorized that activity or has been notified of it,
  5. encourage its national bodies or funds that compensate fishing vessels for damage arising from such activities to extend such compensation schemes to fishing vessels registered in the other Party,
  6. encourage, and as soon as practicable ensure, that exploration or production licensees have suitable co-ordination between, on the one hand, the seismic survey and supply vessels owners they employ and their masters and, on the other hand, the authorities or organisations which represent the fishing industry of the other Party, in order to promote good working relationships between the various parties.

 

Article 7

With regard to the exercise in the Special Area of jurisdiction and rights which are conferred on coastal states by international law, other than such jurisdiction or rights that follow directly from continental shelf or fisheries jurisdiction, each Party shall refrain from exercising such jurisdiction or rights without the agreement of the other Party and shall co-operate with the other Party, notably on measures to protect the marine environment.

 

Article 8

Each Party may through the diplomatic channel call for consultations with the other Party with a view to reaching agreement on any issue pertaining to Articles 5, 6 and 7 of this Agreement. Such consultations shall be held not later than sixty days after receipt of the request.

 

Article 9

When in the present Agreement reference is made to "licence issued by the other Party" this wording shall in the case of the United Kingdom be understood to include licences issued by the United Kingdom, another Member State of the European Community or the European Commission on behalf of the European Community.

 

Article 10

This Agreement shall be without prejudice to any claim of either Party outside the Area.

 

Article 11

(1) Each Party shall notify the other of the completion of its internal procedures required to enable this Agreement to enter into force.

(2) This Agreement shall enter into force on the date of receipt of the later of these notifications.

In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

Done in duplicate at Tórshavn the Eigthteenth day of May, 1999 in the Danish, the Faroese and the English languages, all three texts being equally authoritative.

For the Government of the Kingdom For the Government of the United Kingdom

of Denmark of Great Britain and Northern Ireland

For the Home Government of the

Faroe Islands

 

Schedule A (cf. Article 1)

A 63° 53'.225 N 00° 29'.451 W (ETRS89)

(A 63° 53' 14.93" N 00° 29' 19.55" W (ED50)

B 63° 40'.649 N 00° 47'.736 W

C 61° 59'.233 N 03° 03'.325 W

D 61° 52'.114 N 03° 11'.729 W

E 61° 21'.611 N 03° 47'.898 W

F 61° 07'.651 N 03° 59'.619 W

G 61° 04'.449 N 04° 02'.425 W

H 61° 02'.757 N 04° 03'.859 W

I 60° 54'.979 N 04° 10'.497 W

J 60° 51'.809 N 04° 14'.008 W

K 60° 47'.717 N 04° 18'.541 W

L 60° 24'.077 N 04° 44'.272 W

M 60° 21'.101 N 04° 56'.672 W

N 60° 18'.754 N 05° 24'.195 W

O 59° 56'.450 N 09° 00'.660 W

P 60° 00'.951 N 10° 20'.853 W

Q 60° 02'.137 N 10° 50'.778 W

R 60° 02'.833 N 11° 16'.458 W

S 60° 07'.306 N 12° 17'.622 W

T 60° 09'.031 N 13° 16'.199 W

The points are defined by geographic latitude and longitude in accordance with European Terrestrial Reference System 1989 (ETRS89)

 

 

Above-mentioned point A is identical with point A in Schedule B, converted from ED50 applied there to ETR89.

Schedule B (cf. Article 3)

A 63° 53' 14.93" N 00° 29' 19.55" W

B 63° 40' 40" N 00° 47' 37" W

C 61° 59' 16" N 03° 03' 13" W

D 61° 52' 09" N 03° 11' 37" W

E 61° 21' 39" N 03° 47' 47" W

F 61° 07' 41" N 03° 59' 30" W

G 61° 04' 29" N 04° 02' 19" W

H 61° 02' 48" N 04° 03' 45" W

I 60° 55' 01" N 04° 10' 23" W

J 60° 51' 51" N 04° 13' 54" W

K 60° 47' 45" N 04° 18' 26" W

L 60° 24' 07" N 04° 44' 10" W

R 60° 02' 53" N 11° 16' 20" W

S 60° 07' 21" N 12° 17' 30" W

T 60° 09' 05" N 13° 16' 05" W

The points are defined by geographic latitude and longitude in accordance with European Datum (First Adjustment 1950) (ED50).

Point A is identical with Position 26 in Protocol of 22 December 1978 Supplementary to the Agreement of 10 March 1965 between the Government and the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway relating to the Delimitation of the Continental Shelf between the two Countries as well as with Point no 1 in Agreement of 15 June 1979 between the Government of the Kingdom of Denmark and the Government of the Kingdom of Norway concerning the Delimitation of the Continental Shelf in the Area between the Faroe Islands and Norway and concerning the Boundary between the Fisheries Zone around the Faroe Islands and the Norwegian Economic Zone.

Schedule C (cf. Article 4)

L 60° 24' 07" N 04° 44' 10" W

S1 60° 21' 08" N 04° 56' 34" W

S2 60° 18' 47" N 05° 24' 05" W

S3 60° 13' 10" N 06° 24' 56" W

S4 59° 59' 35" N 09° 43' 30" W

S5 60° 02' 28" N 10° 33' 29".W

S6 60° 03' 08" N 10° 52' 50".W

R 60° 02' 53" N 11° 16' 20" W

L 60° 24' 07" N 04° 44' 10" W

F1 60° 21' 55" N 04° 46' 31" W

F2 60° 09' 56" N 05° 13' 36" W

F3 60° 01' 35" N 05° 32' 03" W

F4 59° 56' 32" N 06° 04' 48" W

F5 59° 49' 50" N 08° 38' 29" W

F6 59° 50' 32" N 09° 33' 55" W

F7 59° 57' 28" N 10° 29' 47" W

R 60° 02' 53" N 11° 16' 20" W

The points are defined by geographic latitude and longitude in accordance with European Datum (First Adjustment 1950) (ED50).