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“Instrument of modification”, drawn up by the Secretariat of the Bonn Agreement on 21 October 2016 and effective from 1 June 2017 (after adoption by the Contracting Parties through the silence procedure)
https://www.auswaertiges-amt.de/blob/248434/58958f68dfae9e248bcefa4d1ccd...
and
https://einnsyn.kystverket.no/einnsyn/registryentry/ShowDocument?registr...
[Notification by Secretariat, communicating Amendment to parties, including entry into force rules]
21 October 2016
Your Excellency
Collective Agreement by the Contracting Parties to the Bonn Agreement for the Modification of Joint Boundaries
This letter is to give formal notice that agreement has been reached between the Contracting Parties to the Bonn Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances to modify their zones of responsibility in the North Sea for the purposes of the Bonn Agreement, and to request that you will transmit this information to the German Federal Foreign Office.
2. The Bonn Agreement was originally made in 1969. The Contracting Parties are the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the Republic of Ireland, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland and the European Union.
3. In 2000, agreement was reached by the Bonn Agreement Contracting Parties and Ireland that Ireland should become a Contracting Party to the Bonn Agreement. To this effect, Ireland acceded to the agreement in 2010 following a Decision made by Contracting Parties on 21 September 2001. Connected to the Accession of Ireland, but in a separate process, the Contracting Party countries (except Sweden) also entered into a Collective Agreement for the alignment of Contracting Parties’ responsibility zones with their Exclusive Economic Zones (EEZs). Certain Contracting Parties made their acceptance of this collective agreement conditional upon the exchange of notes verbales between themselves and other Contracting Parties.
4. The exchange of notes verbales was completed on 29 May 2015. In accordance with articles 17 and 23 of the Bonn Agreement, the modifications shall come into effect on the first day of the sixth month after the date on which the Government of the Federal Republic of Germany communicates receipt of this letter to Contracting Parties. The Instrument of Modification of Joint Boundaries is enclosed. For information only I also include the effect of the Instrument on the Bonn Agreement text.
5. A copy of this letter is being sent electronically to the Heads of Delegation of the Contracting Parties to the Bonn Agreement.
Yours sincerely, Darius Campbell, Secretary
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Instrument of Modification of Joint Boundaries
[EIF based on tacit acceptance: "2) In accordance with articles 17 and 23 of the Bonn Agreement, the modifications shall enter into force for all Contracting Parties on the first day of the sixth month following the date of their communication by the Depositary Government unless, within a period of three months following that communication, a Contracting Party has expressed an objection or has requested consultation on the matter." IEADB assumes the notification occurred on 9/27/2011 and therefore entered into force on 3/1/2012 (6 months being 3/25/2012 and 3/1/2012 being the first day of that month). ]
RECALLING article 17 of the Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances, 1983 (“the Bonn Agreement”), which provides that two or more Contracting Parties to that Agreement may modify the common boundaries of their zones described in the Annex to the Agreement, and
DESIRING to give effect to the Recommendation on Responsibility Zones adopted on 22 September 2000 by the Contracting Parties to the Bonn Agreement and to the Decision of 21 September 2001 to enable the accession of Ireland to the Agreement,
NOTING that the Government of the Kingdom of Sweden supports that Recommendation and, in consequence, has no objections to the modifications needed to give it effect,
THE GOVERNMENTS OF THE KINGDOM OF BELGIUM, THE KINGDOM OF DENMARK, THE FRENCH REPUBLIC, THE FEDERAL REPUBLIC OF GERMANY, THE KINGDOM OF THE NETHERLANDS, THE KINGDOM OF NORWAY AND THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND, meeting within the framework of the Bonn Agreement,
MODIFY THE BOUNDARIES OF THEIR RESPECTIVE ZONES DESCRIBED IN THE ANNEX TO THE BONN AGREEMENT IN THE
FOLLOWING MANNER:
Paragraph 1: Interpretation
(1) The modifications described in the following paragraphs numbered 2 to 11 are for the sole purpose of the Bonn Agreement. The common boundaries established by those modifications have no application to any other question, and shall not be regarded as establishing any precedent in relation to boundaries between the Contracting Parties concerned.
(2) “The 1995 version of the Annex to the Bonn Agreement” means the Annex to the Bonn Agreement as it stood after the entry into force of the 1994 Stockholm Agreement (the Agreement between Denmark, Norway and Sweden on the modification of the Annex to the Agreement of 13 September 1983 for co- operation in dealing with pollution of the North Sea by oil and other harmful substances, done at Stockholm on 25 January 1994).
(3) The positions of the points referred to in these modifications shall be determined according to the European Geodesic System (1950 version).
Paragraph 2: The Netherlands and the United Kingdom
(1) Instead of the common boundaries described in the Annex to the Bonn Agreement in the version of 1 October 1995, the common boundary between the zones of responsibility of the Netherlands and the United Kingdom shall be a series of lines joining the following points in the order in which they are listed:
Point 2.01 // 51°51' 52.1267" // N 2º 31' 48.0975" E
Point 2.02 // 51° 59' 00.00" // N 2° 37' 36.00" E;
Point 2.03 // 52° 1' 00.00" // N 2° 39' 30.00" E;
Point 2.04 // 52° 5' 18.00" // N 2° 42' 12.00" E;
Point 2.05 // 52° 6' 00.00" // N 2° 42' 54.00" E;
Point 2.06 // 52° 12' 24.00" // N 2° 50' 24.00" E;
Point 2.07 // 52° 17' 24.00" // N 2° 56' 00.00" E;
Point 2.08 // 52° 25' 00.00" // N 3° 3' 30.00" E;
Point 2.09 // 52° 37' 18.00" // N 3° 11' 00.00" E;
Point 2.10 // 52° 47' 00.00" // N 3° 12' 18.00" E;
Point 2.11 // 52° 53' 00.00" // N 3° 10' 30.00" E;
Point 2.12 // 53° 18' 06.00" // N 3° 3' 24.00" E;
Point 2.13 // 53° 28' 12.00" // N 3° 1' 00.00" E;
Point 2.14 // 53° 35' 06.00" // N 2° 59' 18.00" E;
Point 2.15 // 53° 40' 06.00" // N 2° 57' 24.00" E;
Point 2.16 // 53° 57' 48.00" // N 2° 52' 00.00" E;
Point 2.17 // 54° 22' 48.00" // N 2° 45' 48.00" E;
Point 2.18 // 54° 37' 18.00" // N 2° 53' 54.00" E;
Point 2.19 // 55° 45' 54.00" // N 3° 22' 13.00" E.
(2) The lines referred to in subparagraph (1) shall be arcs of a great circle.
Paragraph 3: The Netherlands and Germany
1. The outer limits of the zones of national responsibility of the Netherlands and Germany are to be defined by the outer limits of the exclusive economic zones of the Netherlands (Decree of 13 March 2000 by the Kingdom of the Netherlands determining the outer limits of the exclusive economic zone of the Kingdom of the Netherlands and effecting the entry into force of the Kingdom Act of 27 May 1999 concerning the establishment of an exclusive economic zone of the Kingdom of the Netherlands) and of Germany (Proclamation of 25 November 1994 by the Federal Republic of Germany concerning the establishment of an exclusive economic zone of the Federal Republic of Germany in the North Sea and in the Baltic Sea).
2. A zone of joint responsibility of the Netherlands and Germany is to be established.
Instead of the common boundaries described in the Annex to the Bonn Agreement in the version of 1 October 1995, the common boundary between the zones of responsibility of the Netherlands and Germany shall consist of:
(a) a series of geodesic lines joining the following points:
DE8 // 55° 45' 54.00" N // 3° 22' 13.00" E;
DE9 // 55° 20' 00.00" N // 4° 20' 00.00" E;
DE10 // 55° 0' 00.00" N // 5° 0' 00.00" E;
DE11 // 54° 37' 12.00" N // 5° 0' 00.00" E;
DE12 // 54° 11' 12.00" N // 6° 0' 00.00" E;
(b) landwards from point DE12, a line from that point towards point DE13 (that is the next agreed delimitation point 53° 59' 56.80" N and 6° 6' 28.20" E) as far as the intersection of that line with the boundary of the zone of joint responsibility between the Netherlands and Germany described in paragraph 11 below.
The coordinates of the points referred to in subparagraphs (a) and (b) above are defined by latitude and longitude on European Datum 1950 (ED50).
Paragraph 4: Germany and the United Kingdom
(1) Instead of the common boundaries described in the Annex to the Bonn Agreement in the version of 1 October 1995, the common boundary between the zones of responsibility of Germany and the United Kingdom shall be a series of two lines joining the following points in the order in which they are listed:
Point 4.1: // 55° 45' 54.00" N // 3° 22' 13.00" E;
Point 4.2: // 55° 50' 06.00" N // 3° 24' 00.00" E;
Point 4.3 // 55° 55' 09.40" N // 3° 21' 00.00" E;
(2) The lines referred to in subparagraph (1) shall be arcs of great circle.
Paragraph 5: Germany and Denmark
1. The outer limits of the exclusive economic zone of Germany (Proclamation of 25 November 1994 by the Federal Republic of Germany concerning the establishment of an exclusive economic zone of the Federal Republic of Germany in the North Sea and in the Baltic Sea) and of Denmark (Executive Order of 24 June 1996 determining the outer limits of the exclusive economic zone of the Kingdom of Denmark) are to be the relevant outer limits.
2. A zone of “joint responsibility” of Germany and Denmark is to be established.
Instead of the common boundaries described in the Annex to the Bonn Agreement in the version of 1 October 1995, the common boundary between the zones of responsibility of Germany and Denmark shall consist of:
(a) a series of geodesic lines joining the following points:
DE6/DK6 // 55° 55' 09.40" // N 3° 21' 00.00" E
DE5/DK5 // 55° 46' 21.80" // N 4°15' 00.00" E
DE4/DK4 // 55° 24' 15.00" // N 4°45' 00.00" E
DE3/DK3 // 55° 15' 00.00" // N 5° 09' 00.00" E
DE2/DK2 // 55° 15' 00.00" // N 5° 24' 12.00" E
DE1/DK1 // 55° 30' 40.30" // N 5° 45' 00.00" E
(b) a line which begins at the intersection of the boundary of the zone of joint responsibility of Denmark and Germany as described in paragraph 10 below with a line between the point 55° 10' 03.40" N 7° 33' 09.60" E and the first point DE1/DK1 and follows this line until the point DE1/DK1.
Paragraph 6: Denmark and the United Kingdom
(1) Instead of the common boundaries described in the Annex to the Bonn Agreement in the version of 1 October 1995, the common boundary between the zones of responsibility of Denmark and the United Kingdom shall be a line joining the following points:
Point 6.1: // 55° 55' 09.40" N // 3° 21' 00.00" E;
Point 6.2: // 56° 5' 12.00" N // 3° 15' 00.00" E;
(2) The line referred to in subparagraph (1) shall be an arc of great circle.
Paragraph 7: Norway and the United Kingdom
(1) Instead of the common boundaries described in the Annex to the Bonn Agreement in the version of 1 October 1995, the common boundary between the zones of responsibility of Norway and the United Kingdom shall be a series of lines joining the following points in the order in which they are listed:
Point 7.1 // 59° 53' 48.00" // N 2° 4' 36.00" E;
Point 7.2 // 59° 17' 24.00" // N 1° 42' 42.00" E;
Point 7.3 // 58° 25' 48.00" // N 1° 29' 00.00" E;
Point 7.4 // 57° 54' 18.00" // N 1° 57' 54.00" E;
Point 7.5 // 56° 35' 42.00"N // 2° 36' 48.00" E;
Point 7.6 // 56° 5' 12.00" // N 3° 15' 00.00" E;
(2) The lines referred to in subparagraph (1) shall be arcs of a great circle.
Paragraph 8: Zone of joint responsibility of Belgium, France, the Netherlands and United Kingdom
Instead of the zone of joint responsibility of Belgium, France and the United Kingdom described in the 1995 version of the Annex to the Bonn Agreement, there shall be a zone of joint responsibility of Belgium, France, the Netherlands and the United Kingdom, comprising the sea area between the parallels of latitude 51° 51' 52.1267" N and 51° 06' 00.00"N.
Paragraph 9: Zone of joint responsibility of France and the United Kingdom
Instead of the description of the zone of joint responsibility of France and the United Kingdom described in the 1995 version of the Annex to the Bonn Agreement, that zone shall be the English Channel south-west of parallel 51° 32' 00.00" N to a line which:
(a) commences at the westernmost point of the Isles of Scilly, and joins that point with the point 49°52'00.00"N 7° 44' 00.00"W;
(b) from that point, follows a line drawn 50 nautical miles west of a line joining the Isles of Scilly and the isle of Ushant southwards to its intersection with the parallel of latitude 48° 27' 00.00" N, and
(c) follows that parallel of latitude eastwards to the southernmost point of the isle of Ushant.
Paragraph 10: Zone of joint responsibility of Denmark and Germany
The functional boundaries of the zone of joint responsibility, which corresponds to the "quick response zone" of the bilateral German-Danish Joint Maritime Contingency Plan on Combating Oil and Other Harmful Substances, DENGER Plan, dated 27 October and 18 December 2000, shall be defined as follows:
(a) to the south, the parallel of latitude 54° 30' 00.00" N westwards from the coast of Germany;
(b) to the west, the meridian of longitude 6° 30' 00.00" E;
(c) to the north, the parallel of latitude 55° 50' 00.00" N westwards from the coast of Denmark;
(d) to the east, the low water line (based on Chart Datum Lowest Astronomical Tide ( LAT)), including the Wadden sea area.
The coordinates of these points are defined by latitude and longitude on European Datum 1950 (ED50)."
Paragraph 11: Zone of joint responsibility of Germany and the Netherlands
The functional boundaries of the zone of joint responsibility which corresponds to the “quick response zone" of the bilateral Dutch-German Joint Maritime Contingency Plan on Combating Oil and Other Harmful Substances, NETHGER Plan, dated 4 December and 12 December 1991, shall be defined as follows:
(a) to the west, the meridian of longitude 6° 0' 0.0" E (ED50), northwards from the coast of the Netherlands;
(b) to the north, the parallel of latitude 54° 0' 0.0"N (ED50);
(c) to the east, the meridian of longitude 7° 15' 0.0'' E (ED50), northwards from the coast of Germany; and
(d) to the south, the low water line (based on Chart Datum Lowest Astronomical Tide (LAT)), including the Wadden sea area.
Paragraph 12: Coming into effect
(1) The Secretariat of the meeting of the Contracting Parties to the Bonn Agreement shall communicate these modifications on behalf of all the Governments making the foregoing modifications, to the Embassy in London of the Federal Republic of Germany, with a request that the modifications shall be forwarded to the appropriate authority of the Federal Republic of Germany, as Depositary Government of the Bonn Agreement.
(2) In accordance with articles 17 and 23 of the Bonn Agreement, the modifications shall enter into force for all Contracting Parties on the first day of the sixth month following the date of their communication by the Depositary Government unless, within a period of three months following that communication, a Contracting Party has expressed an objection or has requested consultation on the matter.
