Artikel 10

1. The special commission shall, in disputes arising under article 7, apply the criteria listed in paragraph 2 of that article. In disputes under articles 4, 5, 6 and 8 the commission shall apply the following criteria, according to the issues involved in the dispute:
(a) Common to the determination of disputes arising under articles 4, 5 and 6 are the requirements: (i) That scientific findings demonstrate the necessity of conservation measures;
(ii) That the specific measures are based on scientific findings and are practicable; and
(iii) That the measures do not discriminate, in form or in fact, against fishermen of other States.
(i) That scientific findings demonstrate the necessity of conservation measures;
(ii) That the specific measures are based on scientific findings and are practicable; and
(iii) That the measures do not discriminate, in form or in fact, against fishermen of other States.
(b) Applicable to the determination of disputes arising under article 8 is the requirement that scientific findings demonstrate the necessity for conservation measures, or that the conservation programme is adequate, as the case may be.
2. The special commission may decide that pending its award the measures in dispute shall not be applied, provided that, in the case of disputes under article 7, the measures shall only be suspended when it is apparent to the commission on the basis of prima facie evidence that the need for the urgent application of such measures does not exist.