Legalize2010/717/EU: Council Decision of 8 November 2010 on the approval, on behalf of the European Union, of the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries
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| 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. | |
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| 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. | |
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| 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. | |
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| 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. | |
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| 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. | |
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| 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. | |
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| 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. | |
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| 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. | |
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| 9. | The ad hoc panel may adopt any rules of procedure, which it deems necessary to accelerate the proceedings. | |
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| 10. | Costs of the ad hoc panel shall be borne by the Contracting Parties to the dispute in equal parts. | |
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| 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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