diff --git "a/36_years1982-12.jsonl" "b/36_years1982-12.jsonl"
new file mode 100644--- /dev/null
+++ "b/36_years1982-12.jsonl"
@@ -0,0 +1,309 @@
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/1920bb5d-bad1-4c87-bb42-2cbdefb2fa19", "title": "WRITTEN QUESTION NO 1819/82 BY MR JEREMIAH CRONIN TO THE COMMISSION: AID FOR TOURIST CRAFTWORKERS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CRONIN,European Parliament", "date": "1982-12-17", "subjects": "EU aid,European Social Fund,Ireland,arts,handicrafts,heritage protection,social policy,tourism,vocational training", "workIds": "celex:91982E001819", "eurovoc_concepts": ["EU aid", "European Social Fund", "Ireland", "arts", "handicrafts", "heritage protection", "social policy", "tourism", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/1920bb5d-bad1-4c87-bb42-2cbdefb2fa19", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d681f69d-670b-4941-8f88-445c76698a6c", "title": "WRITTEN QUESTION NO 1786/82 BY MRS HENRIETTE POIRIER TO THE COMMISSION: MAIZE SEED IMPORTS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,POIRIER", "date": "1982-12-17", "subjects": "CCT duties,GATT,agricultural holding,cereals,farming sector,import,maize,trade policy", "workIds": "celex:91982E001786", "eurovoc_concepts": ["CCT duties", "GATT", "agricultural holding", "cereals", "farming sector", "import", "maize", "trade policy"], "url": "http://publications.europa.eu/resource/cellar/d681f69d-670b-4941-8f88-445c76698a6c", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/0c028623-a52f-4e14-a137-b347c1cbba24", "title": "WRITTEN QUESTION NO 1818/82 BY MRS ANNIE KROUWEL-VLAM TO THE COMMISSION: ACTIONS BY THE DUTCH PRODUCT BOARDS (PRODUKTSCHAPPEN) INCOMPATIBLE WITH ARTICLES 30,85 AND 86 OF THE EEC TREATY", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,KROUWEL-VLAM", "date": "1982-12-17", "subjects": "CCT duties,EU law,Netherlands,bread,cereals,common agricultural policy,competition,consumer protection,dominant position,free movement of goods,fruit,group of companies,judgment of the Court (EU),national law,prices,quantitative restriction,vegetable", "workIds": "celex:91982E001818", "eurovoc_concepts": ["CCT duties", "EU law", "Netherlands", "bread", "cereals", "common agricultural policy", "competition", "consumer protection", "dominant position", "free movement of goods", "fruit", "group of companies", "judgment of the Court (EU)", "national law", "prices", "quantitative restriction", "vegetable"], "url": "http://publications.europa.eu/resource/cellar/0c028623-a52f-4e14-a137-b347c1cbba24", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/01e2b098-dbe9-4bbc-853b-1ff4a4a38dfa", "title": "WRITTEN QUESTION NO 1805/82 BY MR PIETRO ADONNINO TO THE COMMISSION: EQUALITY OF TREATMENT OF CANDIDATES TO THE OPEN COMPETITIONS HELD BY THE COMMISSION", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ADONNINO,European Parliament", "date": "1982-12-17", "subjects": "European Commission,European official,anti-discriminatory measure,appeal to an administrative authority,competition (EU),equal treatment,recruitment,regulations for civil servants", "workIds": "celex:91982E001805", "eurovoc_concepts": ["European Commission", "European official", "anti-discriminatory measure", "appeal to an administrative authority", "competition (EU)", "equal treatment", "recruitment", "regulations for civil servants"], "url": "http://publications.europa.eu/resource/cellar/01e2b098-dbe9-4bbc-853b-1ff4a4a38dfa", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ec8f9af0-760c-4905-a480-e995e01ca443", "title": "Commission Regulation (EEC) No 3402/82 of 17 December 1982 on the classification of goods under subheading 38.19 X of the Common Customs Tariff", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1982-12-17", "subjects": "chemical product,common customs tariff,tariff nomenclature", "workIds": "celex:31982R3402,oj:JOL_1982_357_R_0016_018", "eurovoc_concepts": ["chemical product", "common customs tariff", "tariff nomenclature"], "url": "http://publications.europa.eu/resource/cellar/ec8f9af0-760c-4905-a480-e995e01ca443", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1982357EN. 01001601. xml\n\n\n\n\n\n\n\n\n\n\n18. 12. 1982\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 357/16\n\n\n\n\n\nCOMMISSION REGULATION (EEC) No 3402/82\nof 17 December 1982\non the classification of goods under subheading 38. 19 X of the Common Customs Tariff\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community,\nHaving regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for the uniform application of the nomenclature of the Common Customs Tariff\u00a0(1), as last amended by the Act of Accession of Greece, and in particular Article 3 thereof,\nWhereas to ensure uniform application of the nomenclature of the Common Customs Tariff, provision should be made for the tariff classification of a base preparation for chewing gum, in the form of cylindrical pieces consisting (by weight) of 34 % butyl rubber, 15 % polyethylene, 13 % poly(vinyl acetate), 28 % vegetable resin and 10 % calcium carbonate;\nWhereas heading No 38. 19 of the Common Customs Tariff, annexed to Council Regulation (EEC) No 950/68\u00a0(2), as last amended by Regulation (EEC) No 3000/82\u00a0(3) includes inter alia preparations of the chemical and allied industries not elsewhere specified or included;\nWhereas the product in question has the characteristics of a preparation of the chemical or allied industries;\nWhereas, in the absence of a more specific heading, it must be classified in heading No 38. 19; whereas, within that heading, subheading 38. 19 X is appropriate;\nWhereas the provisions of this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,\nHAS ADOPTED THIS REGULATION:\nArticle 1\nBase preparations for chewing gum, in the form of cylindrical pieces consisting (by weight) of 34 % butyl rubber, 15 % polyethylene, 13 % poly(vinyl acetate), 28 % vegetable resin and 10 % calcium carbonate shall be classified in the Common Customs Tariff under subheading:\n\n\n\n\n\n\n38. 19\n\n\nChemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included:\n\n\n\n\n\n\nX. Other. Article 2\nThis Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 December 1982. For the Commission\n\nKarl-Heinz NARJES\n\nMember of the Commission\n\n\n\n\n\n(1)\u00a0\u00a0OJ No L 14, 21. 1. 1969, p. 1. (2)\u00a0\u00a0OJ No L 172, 22. 7. 1968, p. 1. (3)\u00a0\u00a0OJ No L 318, 15. 11. 1982, p. 1"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/1e264bb3-2d4b-405b-a4d7-7017fb1481cf", "title": "RESOLUTION CLOSING THE PROCEDURE FOR CONSULTATION OF THE EUROPEAN PARLIAMENT ON THE PROPOSAL FROM THE COMMISSION OF THE EUROPEAN COMMUNITIES TO THE COUNCIL FOR A COUNCIL DIRECTIVE AMENDING COUNCIL DIRECTIVE (81/363/EEC) OF 28 APRIL 1981 ON AID TO SHIPBUILDING", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_legislative_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Economic and Monetary Affairs,European Parliament", "date": "1982-12-17", "subjects": "International Labour Organisation,OECD,State aid,flag of convenience,industrial policy,industrial restructuring,international standard,maritime shipping,permanent crop,production capacity,shipbuilding,world organisation", "workIds": "celex:51982AP0958", "eurovoc_concepts": ["International Labour Organisation", "OECD", "State aid", "flag of convenience", "industrial policy", "industrial restructuring", "international standard", "maritime shipping", "permanent crop", "production capacity", "shipbuilding", "world organisation"], "url": "http://publications.europa.eu/resource/cellar/1e264bb3-2d4b-405b-a4d7-7017fb1481cf", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/53cb4a70-7324-475a-84ee-c1bcd23b0f7b", "title": "WRITTEN QUESTION NO 1793/82 BY MRS ANNE-MARIE LIZIN TO THE FOREIGN MINISTERS OF THE 10 MEMBER STATES OF THE EUROPEAN COMMUNITY MEETING IN POLITICAL COOPERATION: LEVEL OF DIPLOMATIC REPRESENTATION IN CHILE", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,LIZIN", "date": "1982-12-17", "subjects": "Belgium,Chile,EU Member State,Latin America,diplomatic relations,foreign policy,national sovereignty,political representation", "workIds": "celex:91982E001793", "eurovoc_concepts": ["Belgium", "Chile", "EU Member State", "Latin America", "diplomatic relations", "foreign policy", "national sovereignty", "political representation"], "url": "http://publications.europa.eu/resource/cellar/53cb4a70-7324-475a-84ee-c1bcd23b0f7b", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/535214b3-b145-4f36-b19b-11ad85032e25", "title": "WRITTEN QUESTION NO 1809/82 BY MRS MARIE-JANE PRUVOT TO THE COMMISSION: FREE MOVEMENT OF GOODS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,PRUVOT", "date": "1982-12-17", "subjects": "United Kingdom,free movement of goods,health control,import,infringement of EU law,judgment of the Court (EU),labelling,poultry,quantitative restriction", "workIds": "celex:91982E001809", "eurovoc_concepts": ["United Kingdom", "free movement of goods", "health control", "import", "infringement of EU law", "judgment of the Court (EU)", "labelling", "poultry", "quantitative restriction"], "url": "http://publications.europa.eu/resource/cellar/535214b3-b145-4f36-b19b-11ad85032e25", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/552dcb36-1c71-42c9-8e26-fe1c99024b85", "title": "WRITTEN QUESTION NO 1796/82 BY MRS RAYMONDE DURY TO THE COMMISSION: MEASURES FOR GYPSIES", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "DURY,European Parliament", "date": "1982-12-17", "subjects": "European Social Fund,Germany,Ireland,Netherlands,child,education,ethnic group,illiteracy,integration into employment,nomadism,schooling,social policy,teaching,vocational training", "workIds": "celex:91982E001796", "eurovoc_concepts": ["European Social Fund", "Germany", "Ireland", "Netherlands", "child", "education", "ethnic group", "illiteracy", "integration into employment", "nomadism", "schooling", "social policy", "teaching", "vocational training"], "url": "http://publications.europa.eu/resource/cellar/552dcb36-1c71-42c9-8e26-fe1c99024b85", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f5e22802-d983-43a5-8885-781385854cdd", "title": "Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54 (3) (g) of the Treaty, concerning the division of public limited liability companies", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#directive,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1982-12-17", "subjects": "demerger,merger,public limited company,right of establishment", "workIds": "celex:31982L0891,oj:JOL_1982_378_R_0047_020", "eurovoc_concepts": ["demerger", "merger", "public limited company", "right of establishment"], "url": "http://publications.europa.eu/resource/cellar/f5e22802-d983-43a5-8885-781385854cdd", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1982378EN. 01004701. xml\n\n\n\n\n\n\n\n\n\n\n31. 12. 1982\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 378/47\n\n\n\n\n\nSIXTH COUNCIL DIRECTIVE\nof 17 December 1982\nbased on Article 54 (3) (g) of the Treaty, concerning the division of public limited liability companies\n(82/891/EEC)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 54 (3) (g) thereof,\nHaving regard to the proposal from the Commission\u00a0(1),\nHaving regard to the opinion of the European Parliament\u00a0(2),\nHaving regard to the opinion of the Economic and Social Committee\u00a0(3),\nWhereas the coordination provided for in Article 54 (3) (g) and in the general programme for the abolition of restrictions on freedom of establishment\u00a0(4) was begun with Directive 68/151/EEC\u00a0(5);\nWhereas that coordination was continued as regards the formation of public limited liability companies and the maintenance and alteration of their capital with Directive 77/91/EEC\u00a0(6), as regards the annual accounts of certain types of companies with Directive 78/660/EEC\u00a0(7), and as regards mergers of public limited liability companies with Directive 78/855/EEC\u00a0(8);\nWhereas Directive 78/855/EEC dealt only with mergers of public limited liability companies and certain operations treated as mergers; whereas, however, the Commission proposal also covered division operations; whereas the opinions of the European Parliament and of the Economic and Social Committee were in favour of the regulation of such operation;\nWhereas, because of the similarities which exist between merger and division operations, the risk of the guarantees given with regard to mergers by Directive 78/855/EEC being circumvented can be avoided only if provision is made for equivalent protection in the event of division;\nWhereas the protection of the interests of members and third parties requires that the laws of the Member States relating to divisions of public limited liability companies be coordinated where the Member States permit such operations;\nWhereas, in the context of such coordination, it is particularly important that the shareholders of the companies involved in a division be kept adequately informed in as objective a manner as possible and that their rights be suitably protected;\nWhereas the protection of employees' rights in the event of transfers of undertakings, businesses or parts of businesses is at present regulated by Directive 77/187/EEC\u00a0(9);\nWhereas creditors, including debenture holders, and persons having other claims on the companies involved in a division, must be protected so that the division does not adversely affect their interests;\nWhereas the disclosure requirements of Directive 68/15I/EEC must be extended to include divisions so that third parties are kept adequately informed;\nWhereas the safeguards afforded to members and third parties in connection with divisions must be extended to cover certain legal practices which in important respects are similar to division, so that the obligation to provide such protection cannot be evaded;\nWhereas to ensure certainty in the law as regards relations between the companies involved in the division, between them and third parties, and between the members, the cases in which nullity can arise must be limited by providing that defects be remedied wherever that is possible and by restricting the period within which nullification proceedings may be commenced,\nHAS ADOPTED THIS DIRECTIVE:\nArticle 1\n1. Where Member States permit the companies referred to in Article 1 (1) of Directive 78/855/EEC coming under their laws to carry out division operations by acquisition as defined in Article 2 of this Directive, they shall subject those operations to the provisions of Chapter I of this Directive. 2. Where Member States permit the companies referred to in paragraph 1 to carry out division operations by the formation of new companies as defined in Article 21, they shall subject those operations to the provisions of Chapter II of this Directive. 3. Where Member States permit the companies referred to in paragraph 1 to carry out operations, whereby a division by acquisition as defined in Article 2 (1) is combined with a division by the formation of one or more new companies as defined in Article 21 (1), they shall subject operation to the provisions of Chapter I and Article 22. 4. Article 1 (2) and (3) of Directive 78/855/EEC shall apply. CHAPTER I\n\nDivision by acquisition\n\nArticle 2\n1. For the purposes of this Directive, \u2018division by acquisition\u2019 shall mean the operation whereby, after being wound up without going into liquidation, a company transfers to more than one company all its assets and liabilities in exchange for the allocation to the shareholders of the company being divided of shares in the companies receiving contributions as a result of the division (hereinafter referred to as \u2018recipient companies\u2019) and possibly a cash payment not exceeding 10 % of the nominal value of the shares allocated or, where they have no nominal value, of their accounting par value. 2. Article 3 (2) of Directive 78/855/EEC shall apply. 3. In so far as this Directive refers to Directive 78/855/EEC, the expression \u2018merging companies\u2019 shall mean \u2018the companies involved in a division\u2019, the expression \u2018company being acquired\u2019 shall mean \u2018the company being divided\u2019, the expression \u2018acquiring company\u2019 shall mean \u2018each of the recipient companies\u2019 and the expression \u2018draft terms of merger\u2019 shall mean \u2018draft terms of division\u2019. Article 3\n1. The administrative or management bodies of the companies involved in a division shall draw up draft terms of division in writing. 2. Draft terms of division shall specify at least:\n\n\n\n\n\n\n(a)\n\n\nthe type, name and registered office of each of the companies involved in the division;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe share exchange ratio and the amount of any cash payment;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe terms relating to the allotment of shares in the recipient companies;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe date from which the holding of such shares entitles the holders to participate in profits and any special conditions affecting that entitlement;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe date from which the transactions of the company being divided shall be treated for accounting purposes as being those of one or other of the recipient companies;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nthe rights conferred by the recipient companies on the holders of shares to which special rights are attached and the holders of securities other than shares, or the measures proposed concerning them;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\nany special advantage granted to the experts referred to in Article 8 (1) and members of the administrative, management, supervisory or controlling bodies of the companies involved in the division;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\nthe precise description and allocation of the assets and liabilities to be transferred to each of the recipient companies;\n\n\n\n\n\n\n\n\n\n\n(i)\n\n\nthe allocation to the shareholders of the company being divided of shares in the recipient companies and the criterion upon which such allocation is based. 3. (a)\n\n\nWhere an asset is not allocated by the draft terms of division and where the interpretation of these terms does not make a decision on its allocation possible, the asset or the consideration therefor shall be allocated to all the recipient companies in proportion to the share of the net assets allocated to each of those companies under the draft terms of division. (b)\n\n\nWhere a liability is not allocated by the draft terms of division and where the interpretation of these terms does not make a decision on its allocation possible, each of the recipient companies shall be jointly and severally liable for it. Member States may provide that such joint and several liability be limited to the net assets allocated to each company. Article 4\nDraft terms of division must be published in the manner prescribed by the laws of each Member State in accordance with Article 3 of Directive 68/15I/EEC\u00a0(10) for each of the companies involved in a division, at least one month before the date of the general meeting which is to decide thereon. Article 5\n1. A division shall require at least the approval of a general meeting of each company involved in the division. Article 7 of Directive 78/855/EEC shall apply with regard to the majority required for such decisions, their scope and the need for separate votes. 2. Where shares in the recipient companies are allocated to the shareholders of the company being divided otherwise than in proportion to their rights in the capital of that company, Member States may provide that the minority shareholders of that company may exercise the right to have their shares purchased. In such case, they shall be entitled to receive consideration corresponding to the value of their shares. In the event of a dispute concerning such consideration, it must be possible for the consideration to be determined by a court. Article 6\nThe laws of a Member State need not require approval of a division by a general meeting of a recipient company if the following conditions are fulfilled:\n\n\n\n\n\n\n(a)\n\n\nthe publication provided for in Article 4 must be effected, for each recipient company, at least one month before the date fixed for the general meeting of the company being divided which is to decide on the draft terms of division;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nat least one month before the date specified in point (a), all shareholders of each recipient company must be entitled to inspect the documents specified in Article 9(1) at the registered office of that company;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\none or more shareholders of any recipient company holding a minimum percentage of the subscribed capital must be entitled to require that a general meeting of such recipient company be called to decide whether to approve the division. This minimum percentage may not be fixed at more than 5 %. Member States may, however, provide for the exclusion of non-voting shares from this calculation. Article 7\n1. This administration or management bodies of each of the companies involved in the division shall draw up a detailed written report explaining the draft terms of division and setting out the legal and economic grounds for them, in particular the share exchange ratio and the criterion determining the allocation of shares. 2. The report shall also describe any special valuation difficulties which have arisen. It shall disclose the preparation of the report on the consideration other than in cash referred to in Article 27 (2) of Directive 77/91/EEC\u00a0(11) for recipient companies and the register where that report must be lodged. 3. The administrative or management bodies of a company being divided must inform the general meeting of that company and the administrative or management bodies of the recipient companies so that they can inform their respective general meetings of any material change in the assets and liabilities between the date of preparation of the draft terms of division and the date of the general meeting of the company being divided which is to decide on the draft terms of division. Article 8\n1. One or more experts acting on behalf of each of the companies involved in the division but independent of them, appointed or approved by a judicial or administrative authority, shall examine the draft terms of division and draw up a written report to the shareholders. However, the laws of a Member State may provide for the appointment of one or more independent experts for all of the companies involved in a division if such appointment is made by a judicial or administrative authority at the joint request of those companies. Such experts may, depending on the laws of each Member State, be natural or legal persons or companies or firms. 2. Article 10 (2) and (3) of Directive 78/855/EEC shall apply. 3. Member States may provide that the report on the consideration other than in cash referred to in Article 27 (2) of Directive 77/91/EEC and the report on the draft terms of division drawn up in accordance with paragraph 1 shall be drawn up by the same expert or experts. Article 9\n1. All shareholders shall be entitled to inspect at least the following documents at the registered office at least one month before the date of the general meeting which is to decide on the draft terms of division:\n\n\n\n\n\n\n(a)\n\n\nthe draft terms of division;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe annual accounts and annual reports of the companies involved in the division for the preceding three financial years;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nan accounting statement drawn up as at a date which must not be earlier than the first day of the third month preceding the date of the draft terms of division, if the latest annual accounts relate to a financial year which ended more than six months before that date;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nthe reports of the administrative or management bodies of the companies involved in the division provided for in Article 7 (1);\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nthe reports provided for in Article 8. 2. The accounting statement provided for in paragraph 1 (c) shall be drawn up using the same methods and the same layout as the last annual balance sheet. However, the laws of a Member State may provide that:\n\n\n\n\n\n\n(a)\n\n\nit shall not be necessary to take a fresh physical inventory;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe valuations shown in the last balance sheet shall be altered only to reflect entries in the books of account; the following shall nevertheless be taken into account:\n\n\n\n\n\n\n\u2014\n\n\ninterim depreciation and provisions,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nmaterial changes in actual value not shown in the books. 3. Every shareholder shall be entitled to obtain, on request and free of charge, full or, if so desired, partial copies of the documents referred to in paragraph 1. Article 10\nMember States may permit the non-application of Articles 7 and 8 (1) and (2), and of Article 9 (1) (c), (d) and (e) if all the shareholders and the holders of other securities giving the right to vote of the companies involved in a division have so agreed. Article 11\nProtection of the rights of the employees of each of the companies involved in a division shall be regulated in accordance with Directive 77/187/EEC\u00a0(12). Article 12\n1. The laws of Member States must provide for an adequate system of protection for the interests of the creditors of the companies involved in a division whose claims antedate publication of the draft terms of division and have not yet fallen due at the time of such publication. 2. To that end, the laws of Member States shall at least provide that such creditors shall be entitled to obtain adequate safeguards where the financial situation of the company being divided and that of the company to which the obligation will be transferred in accordance with the draft terms of division make such protection necessary and where those creditors do not already have such safeguards. 3. In so far as a creditor of the company to which the obligation has been transferred in accordance with the draft terms of division has not obtained satisfaction, the recipient companies shall be jointly and severally liable for that obligation. Member States may limit that liability to the net assets allocated to each of those companies other than the one to which the obligation has been transferred. However, they need not apply this paragraph where the division operation is subject to the supervision of a judicial authority in accordance with Article 23 and a majority in number representing three-fourths in value of the creditors or any class of creditors of the company being divided have agreed to forego such joint and several liability at a meeting held pursuant to Article 23 (l) (c). 4. Article 13 (3) of Directive 78/855/EEC shall apply. 5. Without prejudice to the rules governing the collective exercise of their rights, paragraphs 1 to 4 shall apply to the debenture holders of the companies involved in the division except where the division has been approved by a meeting of the debenture holders, if such a meeting is provided for under national laws, or by the debenture holders individually. 6. Member States may provide that the recipient companies shall be jointly and severally liable for the obligations of the company being divided. In such case they need not apply the foregoing paragraphs. 7. Where a Member State combines the system of creditor protection set out in paragraph 1 to 5 with the joint and several liability of the recipient companies as referred to in paragraph 6, it may limit such joint and several liability to the net assets allocated to each of those companies. Article 13\nHolders of securities, other than shares, to which special rights are attached, must be given rights in the recipient companies against which such securities may be invoked in accordance with the draft terms of division, at least equivalent to the rights they possessed in the company being divided, unless the alteration of those rights has been approved by a meeting of the holders of such securities, if such a meeting is provided for under national laws, or by the holders of those securities individually, or unless the holders are entitled to have their securities repurchased. Article 14\nWhere the laws of a Member State do not provide for judicial or administrative preventive supervision of the legality of divisions or where such supervision does not extend to all the legal acts required for a division, Article 16 of Directive 78/855/EEC shall apply. Article 15\nThe laws of Member States shall determine the date on which a division takes effect. Article 16\n1. A division must be published in the manner prescribed by the laws of each Member State in accordance with Article 3 of Directive 68/151/EEC in respect of each of the companies involved in a division. 2. Any recipient company may itself carry out the publication formalities relating to the company being divided. Article 17\n1. A division shall have the following consequences ipso jure and simultaneously:\n\n\n\n\n\n\n(a)\n\n\nthe transfer, both as between the company being divided and the recipient companies and as regards third parties, to each of the recipient companies of all the assets and liabilities of the company being divided; such transfer shall take effect with the assets and liabilities being divided in accordance with the allocation laid down in the draft terms of division or in Article 3 (3);\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nthe shareholders of the company being divided become shareholders of one or more of the recipient companies in accordance with the allocation laid down in the draft terms of division;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nthe company being divided ceases to exist. 2. No shares in a recipient company shall be exchanged for shares held in the company being divided either:\n\n\n\n\n\n\n(a)\n\n\nby that recipient company itself or by a person acting in his own name but on its behalf; or\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nby the company being divided itself or by a person acting in his own name but on its behalf. 3. The foregoing shall not affect the laws of Member States which require the completion of special formalities for the transfer of certain assets, rights and obligations by a company being divided to be effective as against third parties. The recipient company or companies to which such assets, rights or obligations are transferred in accordance with the draft terms of division or with Article 3 (3) may carry out these formalities themselves; however, the laws of Member States may permit a company being divided to continue to carry out these formalities for a limited period which may not, save in exceptional circumstances, be fixed at more than six months from the date on which the division takes effect. Article 18\nThe laws of Member States shall at least lay down rules governing the civil liability of members of the administrative or management bodies of a company being divided towards the shareholders of that company in respect of misconduct on the part of members of those bodies in preparing and implementing the division and the civil liability of the experts responsible for drawing up for that company the report provided for in Article 8 in respect of misconduct on the part of those experts in the performance of their duties. Article 19\n1. The laws of Member States may lay down nullity rules for divisions in accordance with the following conditions only:\n\n\n\n\n\n\n(a)\n\n\nnullity must be ordered in a court judgment;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\ndivisions which have taken effect pursuant to Article 15 may be declared void only if there has been no judicial or administrative preventive supervision of their legality, or if they have not been drawn up and certified in due legal form, or if it is shown that the decision of the general meeting is void or voidable under national law;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nnullification proceedings may not be initiated more than six months after the date on which the division becomes effective as against the person alleging nullity or if the situation has been rectified;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwhere it is possible to remedy a defect liable to render a division void, the competent court shall grant the companies involved a period of time within which to rectify the situation;\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\na judgment declaring a division void shall be published in the manner prescribed by the laws of each Member State in accordance with Article 3 of Directive 68/151 /EEC;\n\n\n\n\n\n\n\n\n\n\n(f)\n\n\nwhere the laws of a Member State permit a third party to challenge such a judgment, he may do so only within six months of publication of the judgment in the manner prescribed by Directive 68/151/EEC;\n\n\n\n\n\n\n\n\n\n\n(g)\n\n\na judgment declaring a division void shall not of itself affect the validity of obligations owed by or in relation to the recipient companies which arose before the judgment was published and after the date referred to in Article 15;\n\n\n\n\n\n\n\n\n\n\n(h)\n\n\neach of the recipient companies shall be liable for its obligations arising after the date on which the division took effect and before the date on which the decision pronouncing the nullity of the division was published. The company being divided shall also be liable for such obligations; Member States may provide that this liability be limited to the share of net assets transferred to the recipient company on whose account such obligations arose. 2. By way of derogation from paragraph 1 (a), the laws of a Member State may also provide for the nullity of a division to be ordered by an administrative authority if an appeal against such a decision lies to a court. Subparagraphs (b), (d), (e), (f), (g), and (h) shall apply by analogy to the administrative authority. Such nullification proceedings may not be initiated more than six months after the date referred to in Article 15. 3. The foregoing shall not affect the laws of the Member States on the nullity of a division pronounced following any supervision of legality. Article 20\nWithout prejudice to Article 6, Member States need not require the division to be approved by the general meeting of the company being divided where the recipient companies together hold all the shares of the company being divided and all other securities conferring the right to vote at general meetings of the company being divided, and the following conditions, at least, are fulfilled:\n\n\n\n\n\n\n(a)\n\n\neach of the companies involved in the operation must carry out the publication provided for in Article 4 at least one month before the operation takes effect;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nat least one month before the operation takes effect, all shareholders of companies involved in the operation must be entitled to inspect the documents specified in Article 9 (1), at their company's registered office. Article 9 (2) and (3) shall also apply;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\none or more shareholders of the company being divided holding a minimum percentage of the subscribed capital must be entitled to require that a general meeting of the company being divided be called to decide whether to approve the division. This minimum percentage may not be fixed at more than 5 %. Member States may, however, provide for the exclusion of non-voting shares from this calculation;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nwhere a general meeting of the company being divided, required for the approval of the division, is not summoned, the information provided for by Article 7 (3) covers any material change in the asset and liabilities after the date of preparation of the draft terms of division. CHAPTER II\n\nDivision by the formation of new companies\n\nArticle 21\n1. For the purposes of this Directive, \u2018division by the formation of new companies\u2019 means the operation whereby, after being wound up without going into liquidation, a company transfers to more than one newly-formed company all its assets and liabilities in exchange for the allocation to the shareholders of the company being divided of shares in the recipient companies, and possibly a cash payment not exceeding 10 % of the nominal value of the shares allocated or, where they have no nominal value, of their accounting par value. 2. Article 4 (2) of Directive 78/855/EEC shall apply. Article 22\n1. Articles 3, 4, 5 and 7, 8 (1) and (2) and 9 to 19 of this Directive shall apply, without prejudice to Articles 11 and 12 of Directive 68/151/EEC, to division by the formation of new companies. For this purpose, the expression \u2018companies involved in a division\u2019 shall refer to the company being divided and the expression \u2018recipient companies\u2019 shall refer to each of the new companies. 2. In addition to the information specified in Article 3 (2), the draft terms of division shall indicate the form, name and registered office of each of the new companies. 3. The draft terms of division and, if they are contained in a separate document, the memorandum or draft memorandum of association and the articles or draft articles of association of each of the new companies shall be approved at a general meeting of the company being divided. 4. Member States may provide that the report on the consideration other than in cash as referred to in Article 10 of Directive 77/91/EEC and the report on the draft terms of division as referred to in Article 8 (1) shall be drawn up by the same expert or experts. 5. Member States may provide that neither Article 8, nor Article 9 as regards the expert's report, shall apply where the shares in each of the new companies are allocated to the shareholders of the company being divided in proportion to their rights in the capital of that company. CHAPTER III\n\nDivision under the supervision of a judicial authority\n\nArticle 23\n1. Member States may apply paragraph 2 where division operations are subject to the supervision of a judicial authority having the power:\n\n\n\n\n\n\n(a)\n\n\nto call a general meeting of the shareholders of the company being divided in order to decide upon the division;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nto ensure that the shareholders of each of the companies involved in a division have received or can obtain at least the documents referred to in Article 9 in time to examine them before the date of the general meeting of their company called to decide upon the division. Where a Member State makes use of the option provided for in Article 6 the period must be long enough for the shareholders of the recipient companies to be able to exercise the rights conferred on them by that Article;\n\n\n\n\n\n\n\n\n\n\n(c)\n\n\nto call any meeting of creditors of each of the companies involved in a division in order to decide upon the division;\n\n\n\n\n\n\n\n\n\n\n(d)\n\n\nto ensure that the creditors of each of the companies involved in a division have received or can obtain at least the draft terms of division in time to examine them before the date referred to in (b);\n\n\n\n\n\n\n\n\n\n\n(e)\n\n\nto approve the draft terms of division. 2. Where the judicial authority establishes that the conditions referred to in paragraph 1 (b) and (d) have been fulfilled and that no prejudice would be caused to shareholders or creditors, it may relieve the companies involved in the division from applying:\n\n\n\n\n\n\n(a)\n\n\nArticle 4, on condition that the adequate system of protection of the interest of the creditors referred to in Article 12 (1) covers all claims regardless of their date;\n\n\n\n\n\n\n\n\n\n\n(b)\n\n\nhe conditions referred to in Article 6 (a) and (b) where a Member State makes use of the option provided for in Article 6;\n\n\n\n\n\n\n\n\n\n\nc)\n\n\nArticle 9, as regards the period and the manner prescribed for the inspection of the documents referred to therein. CHAPTER IV\n\nOther operations treated as divisions\n\nArticle 24\nWhere, in the case of one of the operations specified in Article 1, the laws of a Member State permit the cash payment to exceed 10 %, Chapters I, II and III shall apply. Article 25\nWhere the laws of a Member State permit one of the operations specified in Article 1 without the company being divided ceasing to exist, Chapters I, II and III shall apply, except for Article 17 (1) (c). CHAPTER V\n\nFinal provisions\n\nArticle 26\n1. The Member States shall bring into force before 1 January 1986, the laws, regulations and administrative provisions necessary for them to comply with this Directive provided that on that date they permit the operations to which this Directive applies. They shall immediately inform the Commission thereof. 2. Where, after the date mentioned in paragraph 1, a Member State permits division operations, it shall bring into force the provisions mentioned in that paragraph on the date on which it permits such operations. It shall immediately inform the Commission thereof. 3. However, provision may be made for a period of five years from the entry into force of the provisions referred to in paragraph 1 for the application of those provisions to unregistered companies in the United Kingdom and Ireland. 4. Member States need not apply Articles 12 and 13 as regards the holders of convertible debentures and other securities convertible into shares if, at the time when the provisions referred to in paragraph 1 or 2 come into force, the position of these holders in the event of a division has previously been determined by the conditions of issue. 5. Member States need not apply this Directive to divisions or to operations treated as divisions for the preparation or execution of which an act or formality required by national law has already been completed when the provisions referred to in paragraph 1 or 2 enter into force. Article 27\nThis Directive is addressed to the Member States. Done at Brussels, 17 December 1982. For the Council\n\n\nThe President\n\nH. CHRISTOPHERSEN\n\n\n\n\n(1)\u00a0\u00a0OJ No C 89, 14. 7. 1970, p. 20. (2)\u00a0\u00a0OJ No C 129, 11. 12. 1972, p. 50 and OJ No C 95, 28. 4. 1975, p. 12. (3)\u00a0\u00a0OJ No C 88, 6. 9. 1971, p. 18. (4)\u00a0\u00a0OJ No 2, 15. 1. 1962, p. 36/62. (5)\u00a0\u00a0OJ No L 65, 14. 3. 1968, p. 8. (6)\u00a0\u00a0OJ No L 26, 31. 1. 1977, p. 1. (7)\u00a0\u00a0OJ No L 222, 14. 8. 1978, p. 11. (8)\u00a0\u00a0OJ No L 295, 20. 10. 1978, p. 36. (9)\u00a0\u00a0OJ No L 61, 5. 3. 1977, p. 26. (10)\u00a0\u00a0OJ No L 65, 14. 3. 1968, p. 9. (11)\u00a0\u00a0OJ No L 26, 31. 1. 1977, p. 1. (12)\u00a0\u00a0OJ No L 61, 5. 3. 1977, p. 26"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/924186c0-7718-42e9-bd2e-a9598412c90e", "title": "RESOLUTION ON THE DRAFT GENERAL BUDGET OF THE EUROPEAN COMMUNITIES FOR THE FINANCIAL YEAR 1983, SECTION III - \"COMMISSION\" AS MODIFIED BY THE COUNCIL", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#document_budget_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Budgets,European Parliament", "date": "1982-12-16", "subjects": "COST,Community budget,EAGGF Guarantee Section,EDF,EU borrowing,European Commission,European Regional Development Fund,European Social Fund,Mediterranean region (EU),administrative expenditure,agricultural expenditure,compulsory expenditure,consumer behaviour,cultural policy,development aid,energy policy,environmental policy,financial policy,hunger,inclusion in the budget,industrial policy,integrated development programme,social policy,unemployment,young person", "workIds": "celex:51982BP0993", "eurovoc_concepts": ["COST", "Community budget", "EAGGF Guarantee Section", "EDF", "EU borrowing", "European Commission", "European Regional Development Fund", "European Social Fund", "Mediterranean region (EU)", "administrative expenditure", "agricultural expenditure", "compulsory expenditure", "consumer behaviour", "cultural policy", "development aid", "energy policy", "environmental policy", "financial policy", "hunger", "inclusion in the budget", "industrial policy", "integrated development programme", "social policy", "unemployment", "young person"], "url": "http://publications.europa.eu/resource/cellar/924186c0-7718-42e9-bd2e-a9598412c90e", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f6ea799f-e961-41b6-9f8a-05d996e5e19a", "title": "RESOLUTION ON THE CRISIS IN THE COAL INDUSTRY IN THE COMMUNITY", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_initiative_own_ep,http://publications.europa.eu/ontology/cdm#resolution_other_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Industry, Research and Energy,European Parliament", "date": "1982-12-16", "subjects": "New Community Instrument,coal,energy consumption,energy policy,energy resources,financial aid,storage", "workIds": "celex:51982IP0992", "eurovoc_concepts": ["New Community Instrument", "coal", "energy consumption", "energy policy", "energy resources", "financial aid", "storage"], "url": "http://publications.europa.eu/resource/cellar/f6ea799f-e961-41b6-9f8a-05d996e5e19a", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a8003c4c-1dbd-4670-96d4-24e614bed6ff", "title": "RESOLUTION ON THE MODIFICATIONS MADE BY THE COUNCIL TO THE AMENDMENTS ADOPTED BY PARLIAMENT TO SECTION IV \"COURT OF JUSTICE\" AND SECTION V \"COURT OF AUDITORS\" OF THE DRAFT GENERAL BUDGET FOR THE FINANCIAL YEAR 1983", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#document_budget_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Committee on Budgets,European Parliament", "date": "1982-12-16", "subjects": "Community budget,Court of Justice of the European Union,European Court of Auditors,administrative expenditure,financial policy,job creation", "workIds": "celex:51982BP0981", "eurovoc_concepts": ["Community budget", "Court of Justice of the European Union", "European Court of Auditors", "administrative expenditure", "financial policy", "job creation"], "url": "http://publications.europa.eu/resource/cellar/a8003c4c-1dbd-4670-96d4-24e614bed6ff", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/a296aac0-1be4-496f-a9ed-75dba853e27b", "title": "Commission Regulation (EEC) No 3387/82 of 16 December 1982 amending Regulation (EEC) No 368/77 on the sale by tender of skimmed-milk powder for use in feed for pigs and poultry and Regulation (EEC) No 1725/79 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended in particular for feed for calves", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1982-12-16", "subjects": "animal nutrition,denaturing,manufactured feedingstuffs,skimmed milk,skimmed milk powder", "workIds": "celex:31982R3387,oj:JOL_1982_356_R_0016_013", "eurovoc_concepts": ["animal nutrition", "denaturing", "manufactured feedingstuffs", "skimmed milk", "skimmed milk powder"], "url": "http://publications.europa.eu/resource/cellar/a296aac0-1be4-496f-a9ed-75dba853e27b", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/ff1be275-b2f5-4e38-8598-33cacd5b9a2a", "title": "RESOLUTION ON THE DISCOVERY OF MASS GRAVES IN ARGENTINA", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#act_preparatory,http://publications.europa.eu/ontology/cdm#resolution_initiative_own_ep,http://publications.europa.eu/ontology/cdm#resolution_other_ep,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament", "date": "1982-12-16", "subjects": "Argentina,European Parliament,diplomatic profession,human rights", "workIds": "celex:51982IP0911", "eurovoc_concepts": ["Argentina", "European Parliament", "diplomatic profession", "human rights"], "url": "http://publications.europa.eu/resource/cellar/ff1be275-b2f5-4e38-8598-33cacd5b9a2a", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/2b8a2880-7423-4872-9cba-64d8ca1bcb09", "title": "Council Regulation (EEC) No 56/83 of 16 December 1982 concerning the implementation of the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR)", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1982-12-16", "subjects": "bus,international transport,multilateral agreement,public transport,road transport,transport document", "workIds": "celex:31983R0056,oj:JOL_1983_010_R_0001_003", "eurovoc_concepts": ["bus", "international transport", "multilateral agreement", "public transport", "road transport", "transport document"], "url": "http://publications.europa.eu/resource/cellar/2b8a2880-7423-4872-9cba-64d8ca1bcb09", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1983010EN. 01000101. xml\n\n\n\n\n\n\n\n\n\n\n13. 1. 1983\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 10/1\n\n\n\n\n\nCOUNCIL REGULATION (EEC) NO 56/83\nof 16 December 1982\nconcerning the implementation of the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,\nHaving regard to the proposal from the Commission\u00a0(1),\nHaving regard to the opinion of the European Parliament\u00a0(2),\nHaving regard to the opinion of the Economic and Social Committee\u00a0(3),\nWhereas, pursuant to Decision 82/505/EEC\u00a0(4), the Community has concluded the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR); whereas that Agreement is therefore applicable to such services between the Community and the other Contracting Parties which have ratified it:\nWhereas Article 13 of the ASOR provides that the Contracting Parties shall adopt the measures required to implement the Agreement;\nWhereas, in order to implement the ASOR in the Community, certain powers of the Council, the Commission and the Member States should be specified;\nWhereas the principle embodied in Article 14 (2) of the ASOR, that the competent authorities shall inform each other of the offences committed in their territory by a carrier established in the territory of another Contracting Party and where necessary, of the penalty imposed, should also apply to offences against the ASOR committed in the territory of a Member State by a carrier established in another Member State,\nHAS ADOPTED THIS REGULATION:\nArticle 1\nThe competent authorities referred to in Articles 2 (2), 4 (4), 6, 10, 13 (1) and 14 of the ASOR shall be the competent authorities of the Member States concerned. Those authorities shall, where appropriate designate the agencies referred to in Article 6 of the ASOR. Article 2\nThe transport authorization to which the occasional services referred to in Article 2 (1) (c) of the ASOR may be made subject in accordance with Article 5 (3), where the conditions laid down in Article 5 (2) are not satisfied, shall be issued by the competent authorities of the Member State concerned. Article 3\nThe model document with stiff green covers containing the text of the cover page recto verso of the control document in each official language of all the Contracting Parties, referred to in Article 11 of the ASOR, shall be issued by the competent authorities of the Member State where the vehicle is registered or by a duly authorized agency. Article 4\nThe measures required to implement the ASOR, referred to in Article 13 (1) thereof, shall be adopted by the competent authorities of the Member States. Article 5\nIf the competent authorities in the Member States agree bilaterally or multilaterally with the competent authorities of the other Contracting Parties that, in accordance with Article 10 of the ASOR, the list of passengers need not be drawn up, the Member States concerned shall inform the Commission thereof. Article 6\nIn addition to the information provided for in Article 14 (2) of the ASOR, the competent authorities in the Member States shall inform one another of offences against the ASOR committed in their territory by carriers established in another Member State and of any penalty imposed. Article 7\n1. The Commission shall inform the Member States of every declaration made pursuant to Article 17 (1) of the ASOR by a Contracting Party when signing the ASOR that such Contracting Party does not consider itself bound by Article 5 (2) (b) of the ASOR. 2. Similarly, the Commission shall inform the Member States of every withdrawal of such a declaration in accordance with Article 17 (2) of the ASOR. Article 8\n1. When a Member State encounters difficulties in the operation of the ASOR or of the measures taken under Article 13 thereof, it shall inform the Commission and the other Member States. The Commission shall carry out an examination and shall consult the Member States concerned regarding possible solutions. 2. Where appropriate, the Commission shall request that a meeting of the Contracting Parties be convened in accordance with Article 16 (1) of the ASOR. 3. Where the Commission is informed by the Secretariat of the European Conference of Ministers of Transport (ECMT) that another Contracting Party has requested that a meeting of the Contracting Parties be convened in accordance with Article 16 (1) of the ASOR, the procedure set out in paragraph 1 above shall apply correspondingly. Article 9\n1. Should a Member State consider a revision of the ASOR to be necessary, it shall forward a reasoned request to the Commission and shall inform the other Member States thereof. The Commission shall examine the request and consult the Member States. 2. The Commission shall submit to the Council a report on the results of its examination, accompanied, where appropriate, by a proposal authorizing it to negotiate with the other Contracting Parties on behalf of the Community. 3. Where appropriate, the Commission shall, in accordance with Article 19 (1) of the ASOR, request that a conference be convened in order to revise the ASOR. 4. Where the Commission is informed by the Secretariat of the ECMT that another Contracting Party has, in accordance with Article 19 (1) of the ASOR, requested that a conference be convened in order to revise the ASOR, the procedure set out in paragraphs 1 and 2 above shall apply correspondingly. Article 10\n1. If a Member State considers withdrawal from the ASOR to be necessary, it shall forward a reasoned request to the Commission and shall inform the other Member States thereof. The Commission shall examine the request and consult the Member States. 2. The Commission shall submit to the Council a report on the results of its examination, accompanied, where appropriate, by a proposal for a Decision to denounce the ASOR, pursuant to Article 20 (2) thereof. 3. Where appropriate, the Commission shall give notification of denunciation of the ASOR, pursuant to Article 20 (2) thereof. Article 11\nThe Commission shall inform the Member States of:\n\n\n\n\n\n\n\u2014\n\n\nany approval or ratification of the ASOR by a Contracting Party after its entry into force, pursuant to Article 18 (3) of the ASOR,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nany denunciation by another Contracting Party to the ASOR notified pursuant to Article 20 (2) of the ASOR. Article 12\n1. The Commission shall communicate this Regulation to the Secretariat of the ECMT pursuant to Article 13 (2) of the ASOR. 2. Each Member State shall communicate to the Commission the measures taken under this Regulation and, in particular, the names of the competent authorities designated to implement the ASOR. The Commission shall inform the other Member States and, pursuant to Article 13 (2) of the ASOR, the Secretariat of the ECMT. 3. The Commission shall inform the Member States of the measures referred to in Article 13 (1) of the ASOR taken by the other Contracting Parties and communicated to it by the Secretariat of the ECMT pursuant to Article 13 (2) of the ASOR. Article 13\nThe Member States shall take the measures required pursuant to this Regulation in good time in order to ensure implementation of the ASOR from the date on which it enters into force\u00a0(5). Article 14\nThis Regulation shall enter into force on 1 February 1983. Articles 1 to 12 shall be applicable as from the entry into force of the ASOR. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 December 1982. For the Council\n\n\nThe President\n\nA. MELCHIOR\n\n\n\n\n(1)\u00a0\u00a0OJ No C 265, 9. 10. 1982, p. 3. (2)\u00a0\u00a0OJ No C 304, 22. 11. 1982, p. 252. (3)\u00a0\u00a0Opinion delivered on 15 December 1982 (not yet published in the Official Journal). (4)\u00a0\u00a0OJ No L 230, 5. 8. 1982, p. 38. (5)\u00a0\u00a0The date on which the ASOR enters into force will be published in the Official Journal of the European Communities by the General Secretariat of the Council"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/23139213-e7f8-48c4-9b05-10cba580a265", "title": "82/886/EEC: Council Decision of 13 December 1982 concerning the conclusion of the Convention for the Conservation of Salmon in the North Atlantic Oceani", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1982-12-13", "subjects": "Atlantic Ocean,conservation of fish stocks,fishing area,international convention,sea fish,the EU's international role", "workIds": "celex:31982D0886", "eurovoc_concepts": ["Atlantic Ocean", "conservation of fish stocks", "fishing area", "international convention", "sea fish", "the EU's international role"], "url": "http://publications.europa.eu/resource/cellar/23139213-e7f8-48c4-9b05-10cba580a265", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1982378EN. 01002401. xml\n\n\n\n\n\n\n\n\n\n\n31. 12. 1982\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 378/24\n\n\n\n\n\nCOUNCIL DECISION\nof 13 December 1982\nconcerning the conclusion of the Convention for the Conservation of Salmon in the North Atlantic Ocean\n(82/886/EEC)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,\nHaving regard to the recommendation from the Commission,\nHaving regard to the opinion of the European Parliament\u00a0(1),\nWhereas international cooperation is essential to ensure the conservation, restoration, enhancement and rational management of salmon stocks in the North Atlantic Ocean;\nWhereas the Community participated in negotiations which culminated in the adoption by a diplomatic conference held in Reykjavik from 18 to 22 January 1982 of a Convention for the Conservation of Salmon in the North Atlantic Ocean;\nWhereas this Convention takes into account the provisions on anadromous stocks of fish in the Draft Convention of the Third United Nations Conference on the Law of the Sea;\nWhereas the Convention provides a useful framework for international cooperation to ensure the conservation, restoration, enhancement and rational management of salmon stocks in the North Atlantic Ocean;\nWhereas the Convention establishes a satisfactory balance between the interests of States in whose rivers salmon originate and other States in whose areas of fishery jurisdiction salmon are fished,\nHAS DECIDED AS FOLLOWS:\nSole Article\nThe Convention for the Conservation of Salmon in the North Atlantic Ocean is hereby approved on behalf of the European Economic Community. The text of the Convention is attached to this Decision. Done at Brussels, 13 December 1982. For the Council\n\n\nThe President\n\nN. A. KOFOED\n\n\n\n\n(1)\u00a0\u00a0OJ No C 238, 13. 9. 1982, p. 106"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/be0da7ab-1d98-4e87-b142-b20bd4b82583", "title": "WRITTEN QUESTION NO 1782/82 BY MR ERNST MUELLER-HERMANN TO THE COMMISSION: HARMONIZATION OF CONSUMER TAXES", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,MUELLER-HERMANN", "date": "1982-12-10", "subjects": "VAT,alcoholic beverage,carriage of goods,carriage of passengers,customs formalities,domestic market,excise duty,fiscal policy,frontier,intra-EU transport,mineral oil,road transport,tax harmonisation,tax system,tobacco,tobacco industry", "workIds": "celex:91982E001782", "eurovoc_concepts": ["VAT", "alcoholic beverage", "carriage of goods", "carriage of passengers", "customs formalities", "domestic market", "excise duty", "fiscal policy", "frontier", "intra-EU transport", "mineral oil", "road transport", "tax harmonisation", "tax system", "tobacco", "tobacco industry"], "url": "http://publications.europa.eu/resource/cellar/be0da7ab-1d98-4e87-b142-b20bd4b82583", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6bced886-8d00-412a-a0b8-caf0a365abec", "title": "WRITTEN QUESTION NO 1795/82 BY MRS YVONNE THEOBALD-PAOLI TO THE COMMISSION: NATIONAL AID TO AGRICULTURE", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,THEOBALD-PAOLI", "date": "1982-12-10", "subjects": "State aid,agricultural expenditure,case study,common agricultural policy,farm income,farming sector,national budget", "workIds": "celex:91982E001795", "eurovoc_concepts": ["State aid", "agricultural expenditure", "case study", "common agricultural policy", "farm income", "farming sector", "national budget"], "url": "http://publications.europa.eu/resource/cellar/6bced886-8d00-412a-a0b8-caf0a365abec", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/3b320766-9340-4001-9df9-165a363026b1", "title": "WRITTEN QUESTION NO 1750/82 BY MR ROLAND BOYES TO THE COMMISSION: TACHOGRAPHS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "BOYES,European Parliament", "date": "1982-12-10", "subjects": "EU Member State,EU law,national law,road safety,road transport,sanction (EU),speed control,supervisory power,transport policy", "workIds": "celex:91982E001750", "eurovoc_concepts": ["EU Member State", "EU law", "national law", "road safety", "road transport", "sanction (EU)", "speed control", "supervisory power", "transport policy"], "url": "http://publications.europa.eu/resource/cellar/3b320766-9340-4001-9df9-165a363026b1", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/533df865-bb5b-408f-bbb7-b9cee36cc505", "title": "WRITTEN QUESTION N. 1760/82 BY MR FRANCIS WURTZ TO THE COMMISSION: THE EDUCATION OF YOUNG PEOPLE", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,WURTZ", "date": "1982-12-10", "subjects": "EU Member State,European Community,Eurostat,education policy,schooling,teaching,university,young person", "workIds": "celex:91982E001760", "eurovoc_concepts": ["EU Member State", "European Community", "Eurostat", "education policy", "schooling", "teaching", "university", "young person"], "url": "http://publications.europa.eu/resource/cellar/533df865-bb5b-408f-bbb7-b9cee36cc505", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/05012c2d-e0bc-4d30-8989-4b2a6d33d8c3", "title": "WRITTEN QUESTION NO 1773/82 BY MR WILLEM ALBERS TO THE COMMISSION: CANCELLATION OF DOW CHEMICAL/INA JOINT VENTURE IN YUGOSLAVIA", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "ALBERS,European Parliament", "date": "1982-12-10", "subjects": "United States,Yugoslavia,building,cooperation agreement,foreign currency,industrial cooperation,petrochemicals,technology,tinplate and cutlery industry", "workIds": "celex:91982E001773", "eurovoc_concepts": ["United States", "Yugoslavia", "building", "cooperation agreement", "foreign currency", "industrial cooperation", "petrochemicals", "technology", "tinplate and cutlery industry"], "url": "http://publications.europa.eu/resource/cellar/05012c2d-e0bc-4d30-8989-4b2a6d33d8c3", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9cd57618-87da-4b64-b117-57bdb009e14e", "title": "WRITTEN QUESTION NO 1741/82 BY MRS WINIFRED EWING TO THE COMMISSION: PROPOSALS FOR LEGAL INSTRUMENTS ON SURVIVORS' PENSIONS AND FAMILY ALLOWANCES", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "EWING,European Parliament", "date": "1982-12-10", "subjects": "diversification of exports,equal treatment,family benefit,gender equality,social policy,social security,woman", "workIds": "celex:91982E001741", "eurovoc_concepts": ["diversification of exports", "equal treatment", "family benefit", "gender equality", "social policy", "social security", "woman"], "url": "http://publications.europa.eu/resource/cellar/9cd57618-87da-4b64-b117-57bdb009e14e", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/5f6008cd-9e30-46e5-8453-2927987f0b94", "title": "WRITTEN QUESTION NO 1749/82 BY MR ROLAND BOYES TO THE COMMISSION: CALIBRATION OF TACHOGRAPHS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "BOYES,European Parliament", "date": "1982-12-10", "subjects": "national law,road safety,road transport,roadworthiness tests,speed control,technical specification,transport policy", "workIds": "celex:91982E001749", "eurovoc_concepts": ["national law", "road safety", "road transport", "roadworthiness tests", "speed control", "technical specification", "transport policy"], "url": "http://publications.europa.eu/resource/cellar/5f6008cd-9e30-46e5-8453-2927987f0b94", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/bee6c246-cfda-4eeb-92b9-5fa44f8fb724", "title": "WRITTEN QUESTION NO 1756/82 BY SIR PETER VANNECK TO THE COMMISSION: FISHING INDUSTRY", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,VANNECK", "date": "1982-12-10", "subjects": "EU Member State,State aid,economic support,farm prices,fish,fisheries policy,fisherman,fishing industry,fixing of prices,fuel,motor fuel,professional association,reference price,sea fishing,statistics", "workIds": "celex:91982E001756", "eurovoc_concepts": ["EU Member State", "State aid", "economic support", "farm prices", "fish", "fisheries policy", "fisherman", "fishing industry", "fixing of prices", "fuel", "motor fuel", "professional association", "reference price", "sea fishing", "statistics"], "url": "http://publications.europa.eu/resource/cellar/bee6c246-cfda-4eeb-92b9-5fa44f8fb724", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/f07ab00e-3795-4146-8739-07dc585b97ad", "title": "UNITED NATIONS CONVENTION ON THE LAW OF THE SEA", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdf,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#agreement_international,http://publications.europa.eu/ontology/cdm#agreement_non-member-states,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Algeria,Angola,Australia,Austria,Bahamas,Bahrain,Bangladesh,Barbados,Belarus,Belgium,Belize,Benin,Bhutan,Bolivia,Botswana,Brazil,Bulgaria,Burundi,Cabo Verde,Cameroon,Canada,Chad,Chile,China,Colombia,Comoros,Congo,Costa Rica,Cuba,Cyprus,Czechoslovakia,C\u00f4te d\u2019Ivoire,Democratic Republic of the Congo,Denmark,Djibouti,Dominican Republic,Ecuador,Egypt,Equatorial Guinea,Eswatini,Ethiopia,Fiji,Finland,France,Gabon,Germany,Ghana,Greece,Grenada,Guinea-Bissau,Guyana,Haiti,Holy See,Honduras,Hungary,Iceland,India,Indonesia,Iran,Jamaica,Japan,Jordan,Kenya,Kiribati,Kuwait,Laos,Lesotho,Liberia,Libya,Liechtenstein,Luxembourg,Malaysia,Maldives,Malta,Mauritania,Mauritius,Mexico,Monaco,Mongolia,Morocco,Mozambique,Myanmar/Burma,Nauru,Nepal,Netherlands,New Zealand,Niger,Nigeria,Norway,Oman,Pakistan,Panama,Papua New Guinea,Paraguay,Peru,Philippines,Poland,Portugal,Qatar,Romania,Saint Lucia,Saint Vincent and the Grenadines,Samoa,Senegal,Seychelles,Sierra Leone,Singapore,Solomon Islands,Somalia,South Africa,South Korea,Soviet Union,Spain,Sri Lanka,Sudan,Suriname,Sweden,Switzerland,Syria,Tanzania,Thailand,The Gambia,Togo,Trinidad and Tobago,Tunisia,Tuvalu,Uganda,Ukraine,United Arab Emirates,United Kingdom,United States,Upper Volta,Uruguay,Vanuatu,Venezuela,Viet Nam,Yemen,Yugoslavia,Zambia,Zimbabwe", "date": "1982-12-10", "subjects": "UN convention,exploitation of the seas,law of the sea,sea", "workIds": "celex:21998A0623(01),oj:JOL_1998_179_R_0003_002", "eurovoc_concepts": ["UN convention", "exploitation of the seas", "law of the sea", "sea"], "url": "http://publications.europa.eu/resource/cellar/f07ab00e-3795-4146-8739-07dc585b97ad", "lang": "eng", "formats": ["fmx4", "html", "pdf", "print", "xhtml"], "text": "23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/3\n\nANNEX I\n\nTHE UNITED NATIONS CONVENTION ON THE LAW OF THE\nSEA AND OF THE AGREEMENT ON THE IMPLEMENTATION\nOF PART XI THEREOF\n\n\fL 179/4\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nUNITED NATIONS CONVENTION ON THE LAW OF THE SEA\n\nTHE STATES PARTIES TO THIS CONVENTION,\n\nPROMPTED by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating\nto the law of the sea and aware of the historic significance of this Convention as an important contribution\nto the maintenance of peace, justice and progress for all peoples of the world;\n\nNOTING that developments since the United Nations Conferences on the Law of the Sea held at Geneva in\n1958 and 1960 have accentuated the need for a new and generally acceptable Convention on the law of the\nsea;\n\nCONSCIOUS that the problems of ocean space are closely interrelated and need to be considered as a\nwhole;\n\nRECOGNISING the desirability of establishing through this Convention, with due regard for the\nsovereignty of all States, a legal order for the seas and oceans which will facilitate international\ncommunication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient\nutilisation of their resources, the conservation of their living resources, and the study, protection and\npreservation of the marine environment;\n\nBEARING IN MIND that the achievement of these goals will contribute to the realisation of a just and\nequitable international economic order which takes into account the interests and needs of mankind as a\nwhole and, in particular, the special interests and needs of developing countries, whether coastal or\nland-locked;\n\nDESIRING by this Convention to develop the principles embodied in Resolution 2749 (XXV) of 17\nDecember 1970 in which the General Assembly of the United Nations solemnly declared inter alia that the\narea of the sea-bed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as\nwell as its resources, are the common heritage of mankind, the exploration and exploitation of which shall\nbe carried out for the benefit of mankind as a whole, irrespective of the geographical location of States;\n\nBELIEVING that the codification and progressive development of the law of the sea achieved in this\nConvention will contribute to the strengthening of peace, security, cooperation and friendly relations among\nall nations in conformity with the principles of justice and equal rights and will promote the economic and\nsocial advancement of all peoples of the world, in accordance with the Purposes and Principles of the United\nNations as set forth in the Charter;\n\nAFFIRMING that matters not regulated by this Convention continue to be governed by the rules and\nprinciples of general international law,\n\nHAVE AGREED as follows:\n\nPART I\n\nINTRODUCTION\n\nArticle 1\n\n(2) \u2018Authority\u2019 means \n\nthe \n\nInternational \n\nSea-Bed\n\nUse of terms and scope\n\nAuthority;\n\n1. For the purposes of this Convention:\n\n(3) \u2018activities \n\nin \n\nthe area\u2019 means all activities of\nexploration for, and exploitation of, the resources of\nthe area;\n\n(1) \u2018area\u2019 means the sea-bed and ocean floor and subsoil\nthereof, beyond the limits of national jurisdiction;\n\n(4) \u2018pollution of the marine environment\u2019 means the\nindirectly, of\n\nintroduction by man, directly or \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/5\n\nsubstances or energy into the marine environment,\nincluding estuaries, which results or is likely to result\nin such deleterious effects as harm to living resources\nand marine life, hazards to human health, hindrance\nto marine activities, including fishing and other\nlegitimate uses of the sea, impairment of quality for\nuse of sea water and reduction of amenities;\n\n(5) (a) \u2018dumping\u2019 means:\n\n(i) any deliberate disposal of wastes or other\nmatter from vessels, aircraft, platforms or\nother man-made structures at sea;\n\n(ii) any deliberate disposal of vessels, aircraft,\nplatforms or other man-made structures at\nsea;\n\noperations of vessels, aircraft, platforms or\nother man-made structures at sea and their\nequipment, other than wastes or other matter\ntransported by or \nto vessels, air-craft,\nplatforms or other man-made structures at sea,\noperating for the purpose of disposal of such\nmatter or derived from the treatment of such\nwastes or other matter on such vessels,\naircraft, platforms or structures;\n\n(ii) placement of matter for a purpose other than\nthe mere disposal thereof, provided that such\nplacement is not contrary to the aims of this\nConvention. 2. (1) \u2018States Parties\u2019 means States which have consented\nto be bound by this Convention and for which\nthis convention is in force;\n\n(b) \u2018dumping\u2019 does not include:\n\n(i) the disposal of wastes or other matter\nincidental to, or derived from the normal\n\n(2) this Convention applies mutatis mutandis to the\nentities referred to in Article 305(1) (b), (c), (d),\n(e) and \nthis\n(f), which become parties \nConvention in accordance with the conditions\nrelevant to each, and to that extent \u2018States Parties\u2019\nrefers to those entities. to \n\nPART II\n\nTERRITORIAL SEA AND CONTIGUOUS ZONE\n\nSECTION 1\n\nSECTION 2\n\nGENERAL PROVISIONS\n\nLIMITS OF THE TERRITORIAL SEA\n\nArticle 2\n\nLegal status of the territorial sea, of the air space over\nthe territorial sea and of its bed and subsoil\n\n1. The sovereignty of a coastal State extends, beyond its\nland territory and internal waters and, in the case of an\narchipelagic State, its archipelagic waters, to an adjacent\nbelt of sea, described as the territorial sea. Article 3\n\nBreadth of the territorial sea\n\nEvery State has the right to establish the breadth of its\nterritorial sea up to a limit not exceeding 12 nautical\nmiles, measured from baselines determined in accordance\nwith this Convention. 2. This sovereignty extends to the air space over the\nterritorial sea as well as to its bed and subsoil. Article 4\n\nOuter limit of the territorial sea\n\n3. The sovereignty over the territorial sea is exercised\nsubject to this Convention and to other rules of\ninternational law. The outer limit of the territorial sea is the line every point\nof which is at a distance from the nearest point of the\nbaseline equal to the breadth of the territorial sea. L 179/6\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 5\n\nNormal baseline\n\nparticular baselines, of economic interests peculiar to the\nregion concerned, the reality and the importance of\nwhich are clearly evidenced by long usage. Except where otherwise provided in this Convention, the\nnormal baseline for measuring the breadth of the\nterritorial sea is the low-water line along the coast as\nmarked on large-scale charts officially recognised by the\ncoastal State. 6. The system of straight baselines may not be applied\nby a State in such a manner as to cut off the territorial\nsea of another State from the high seas or an exclusive\neconomic zone. Article 6\n\nReefs\n\nArticle 8\n\nInternal waters\n\nIn the case of islands situated on atolls or of islands\nhaving fringing reefs, the baseline for measuring the\nbreadth of the territorial sea is the seaward low-water\nline of the reef, as shown by the appropriate symbol on\ncharts officially recognised by the coastal State. Article 7\n\nStraight baselines\n\n1. Except as provided \nin Part IV, waters on the\nlandward side of the baseline of the territorial sea form\npart of the internal waters of the State. 2. Where the establishment of a straight baseline in\naccordance with the method set forth in Article 7 has the\neffect of enclosing as internal waters areas which had not\npreviously been considered as such, a right of innocent\npassage as provided in this Convention shall exist in\nthose waters. 1. In localities where the coastline is deeply indented\nand cut into, or if there is a fringe of islands along the\ncoasts in its immediate vicinity, the method of straight\nbaselines joining appropriate points may be employed in\ndrawing the baseline from which the breadth of the\nterritorial sea is measured. Article 9\n\nMouths of rivers\n\nIf a river flows directly into the sea, the baseline shall be\na straight line across the mouth of the river between\npoints on the low-water line of its banks. 2. Where because of the presence of a delta and other\nnatural conditions the coastline is highly unstable, the\nappropriate points may be selected along the furthest\nseaward \nand,\nthe \nnotwithstanding subsequent regression of the low-water\nline, the straight baselines shall remain effective until\nchanged by the coastal State in accordance with this\nConvention. low-water \n\nextent \n\nline \n\nof \n\n3. The drawing of straight baselines must not depart to\nany appreciable extent from the general direction of the\ncoast, and the sea areas lying within the lines must be\nsufficiently closely linked to the land domain to be\nsubject to the regime of internal waters. 4. Straight baselines shall not be drawn to and from\nsimilar\nlow-tide elevations, unless \ninstallations which are permanently above sea level have\nbeen built on them or except in instances where the\ndrawing of baselines to and from such elevations has\nreceived general international recognition. lighthouses or \n\n5. Where the method of straight baselines is applicable\nunder point 1, account may be taken, in determining\n\nArticle 10\n\nBays\n\n1. This Article relates only to bays the coasts of which\nbelong to a single State. 2. For the purposes of this Convention, a bay is a\nwell-marked indentation whose penetration is in such\nproportion to the width of its mouth as to contain\nland-locked waters and constitute more than a mere\ncurvature of the coast. An indentation shall not, however,\nbe regarded as a bay unless its area is as large as, or\nlarger than, that of the semi-circle whose diameter is a\nline drawn across the mouth of that indentation. 3. For the purpose of measurement, the area of an\nindentation is that lying between the low-water mark\naround the shore of the indentation and a line joining the\nlow-water mark of its natural entrance points. Where,\nbecause of the presence of islands, an indentation has\nmore than one mouth, the semi-circle shall be drawn on a\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/7\n\nline as long as the sum total of the lengths of the lines\nacross the different mouths. Islands within an indentation\nshall be included as if they were part of the water area of\nthe indentation. breadth of the territorial sea from the mainland or an\nisland, the low-water line on that elevation may be used\nas the baseline for measuring the breadth of the\nterritorial sea. 4. If the distance between the low-water marks of the\nnatural entrance points of a bay does not exceed 24\nnautical miles, a closing line may be drawn between these\ntwo low-water marks, and the waters enclosed thereby\nshall be considered as internal waters. 2. Where a low-tide elevation is wholly situated at a\ndistance exceeding the breadth of the territorial sea from\nthe mainland or an island, it has no territorial sea of its\nown. 5. Where the distance between the low-water marks of\nthe natural entrance points of a bay exceeds 24 nautical\nmiles, a straight baseline of 24 nautical miles shall be\ndrawn within the bay in such a manner as to enclose the\nmaximum area of water that is possible with a line of\nthat length. 6. The foregoing provisions do not apply to so-called\n\u2018historic\u2019 bays, or in any case where the system of straight\nbaselines provided for in Article 7 is applied. Article 11\n\nPorts\n\nFor the purpose of delimiting the territorial sea, the\noutermost permanent harbour works which form an\nintegral part of the harbour system are regarded as\nforming part of the coast. Off-shore installations and\nartificial islands shall not be considered as permanent\nharbour works. Article 12\n\nRoadsteads\n\nRoadsteads which are normally used for the loading,\nunloading and anchoring of ships, and which would\notherwise be situated wholly or partly outside the outer\nlimit of the territorial sea, are included in the territorial\nsea. Article 13\n\nLow-tide elevations\n\nArticle 14\n\nCombination of methods for determining baselines\n\nThe coastal State may determine baselines in turn by any\nof the methods provided for in the foregoing Articles to\nsuit different conditions. Article 15\n\nDelimitation of the territorial sea between States with\nopposite or adjacent coasts\n\nWhere the coasts of two States are opposite or adjacent\nto each other, neither of the two States is entitled, failing\nagreement between them to the contrary, to extend its\nterritorial sea beyond the median line every point of\nwhich is equidistant from the nearest points on the\nbaselines from which the breadth of the territorial seas of\neach of the two States is measured. The above provision\ndoes not apply, however, where it is necessary by reason\nof historic title or other special circumstances to delimit\nthe territorial seas of the two States in a way which is at\nvariance therewith. Article 16\n\nCharts and lists of geographical coordinates\n\n1. The baselines for measuring the breadth of the\nterritorial sea determined in accordance with Articles 7, 9\nand 10, or the limits derived therefrom, and the lines of\ndelimitation drawn in accordance with Articles 12 and 15\nshall be shown on charts of a scale or scales adequate for\nlist of\nascertaining \ngeographical coordinates of points, \nthe\ngeodetic datum, may be substituted. their position. Alternatively, a \n\nspecifying \n\n1. A low-tide elevation is a naturally formed area of\nland which is surrounded by and above water at low tide\nbut submerged at high tide. Where a low-tide elevation is\nsituated wholly or partly at a distance not exceeding the\n\n2. The coastal State shall give due publicity to such\ncharts or lists of geographical coordinates and shall\ndeposit a copy of each such chart or list with the\nSecretary-General of the United Nations. L 179/8\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nSECTION 3\n\n(b) any exercise or practice with weapons of any kind;\n\nINNOCENT PASSAGE IN THE TERRITORIAL SEA\n\nS u b s e c t i o n A\n\nRules applicable to all ships\n\n(c) any act aimed at collecting \n\ninformation to the\nprejudice of the defence or security of the coastal\nState;\n\n(d) any act of propaganda aimed at affecting the defence\n\nor security of the coastal State;\n\n(e) the launching, landing or taking on board of any\n\naircraft;\n\nArticle 17\n\n(f) the launching, landing or taking on board of any\n\nmilitary device;\n\nRight of innocent passage\n\nSubject to this Convention, ships of all States, whether\ncoastal or land-locked, enjoy the right of innocent\npassage through the territorial sea. Article 18\n\nMeaning of passage\n\n1. Passage means navigation through the territorial sea\nfor the purpose of:\n\n(a) traversing that sea without entering internal waters or\ncalling at a roadstead or port facility outside internal\nwaters; or\n\n(b) proceeding to or from internal waters or a call at\n\nsuch roadstead or port facility. shall be continuous and expeditious. 2. Passage \nHowever, passage includes stopping and anchoring, but\nonly in so far as the same are incidental to ordinary\nnavigation or are rendered necessary by force majeure or\ndistress or for the purpose of rendering assistance to\npersons, ships or aircraft in danger or distress. (g) the loading or unloading of any commodity, currency\nor person contrary to the customs, fiscal, immigration\nor sanitary laws and regulations of the coastal State;\n\n(h) any act of wilful and serious pollution contrary to\n\nthis Convention;\n\n(i) any fishing activities;\n\n(j) the carrying out of research or survey activities;\n\n(k) any act aimed at interfering with any systems of\ncommunication or any other facilities or installations\nof the coastal State;\n\n(l) any other activity not having a direct bearing on\n\npassage. Article 20\n\nSubmarines and other underwater vehicles\n\nIn the territorial sea, submarines and other underwater\nvehicles are required to navigate on the surface and to\nshow their flag. Article 19\n\nMeaning of innocent passage\n\n1. Passage is innocent so long as it is not prejudicial to\nthe peace, good order or security of the coastal State. Such passage shall take place in conformity with this\nConvention and with other rules of international law. 2. Passage of a foreign ship shall be considered to be\nprejudicial to the peace, good order or security of the\ncoastal State if in the territorial sea it engages in any of\nthe following activities:\n\n(a) any threat or use of force against the sovereignty,\nterritorial integrity or political independence of the\ncoastal State, or in any other manner in violation of\nthe principles of international law embodied in the\nCharter of the United Nations;\n\nArticle 21\n\nLaws and regulations of the coastal State relating to\ninnocent passage\n\n1. The coastal State may adopt laws and regulations, in\nconformity with the provisions of this Convention and\nother rules of international law, relating to innocent\npassage through the territorial sea, in respect of all or any\nof the following:\n\n(a) the safety of navigation and the regulation of\n\nmaritime traffic;\n\n(b) the protection of navigational aids and facilities and\n\nother facilities or installations;\n\n(c) the protection of cables and pipelines;\n\n(d) the conservation of the living resources of the sea;\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/9\n\n(e) the prevention of infringement of the fisheries laws\n\nand regulations of the coastal State;\n\n(f) the preservation of the environment of the coastal\nState and the prevention, reduction and control of\npollution thereof;\n\n(g) marine scientific research and hydrographic surveys;\n\n(h) the prevention of infringement of the customs, fiscal,\nimmigration or sanitary laws and regulations of the\ncoastal State. 2. Such laws and regulations shall not apply to the\ndesign, construction, manning or equipment of foreign\nships unless they are giving effect to generally accepted\ninternational rules or standards. 3. The coastal State shall give due publicity to all such\nlaws and regulations. 4. Foreign ships exercising the right of innocent passage\nthrough the territorial sea shall comply with all such laws\nand regulations and all generally accepted international\nregulations relating to the prevention of collisions at\nsea. Article 22\n\nSea lanes and traffic separation schemes in the\nterritorial sea\n\n1. The coastal State may, where necessary having regard\nto the safety of navigation, require foreign ships\nexercising the right of innocent passage through its\nterritorial sea to use such sea lanes and traffic separation\nit may designate or prescribe for the\nschemes as \nregulation of the passage of ships. 4. The coastal State shall clearly indicate such sea lanes\nand traffic separation schemes on charts to which due\npublicity shall be given. Article 23\n\nForeign nuclear-powered ships and ships carrying\nnuclear or other inherently dangerous or noxious\nsubstances\n\nForeign nuclear-powered ships and ships carrying nuclear\nor other inherently dangerous or noxious substances\nshall, when exercising the right of innocent passage\nthrough the territorial sea, carry documents and observe\nspecial precautionary measures established for such ships\nby international agreements. Article 24\n\nDuties of the coastal State\n\n1. The coastal State shall not hamper the innocent\npassage of foreign ships through the territorial sea except\nin accordance with this Convention. In particular, in the\napplication of this Convention or of any laws or\nregulations adopted in conformity with this Convention,\nthe coastal State shall not:\n\n(a) impose requirements on foreign ships which have the\npractical effect of denying or impairing the right of\ninnocent passage; or\n\n(b) discriminate in form or in fact against the ships of\nany State or against ships carrying cargoes to, from or\non behalf of any State. 2. The coastal State shall give appropriate publicity to\nany danger to navigation, of which it has knowledge,\nwithin its territorial sea. 2. In particular, tankers, nuclear-powered ships and\nships carrying nuclear or other inherently dangerous or\nnoxious substances or materials may be required to\nconfine their passage to such sea lanes. Article 25\n\nRights of protection of the coastal State\n\nIn the designation of sea lanes and the prescription of\n3. traffic separation schemes under this Article, the coastal\nState shall take into account:\n\n(a) the recommendations of the competent international\n\norganisation;\n\n(b) any channels customarily used for \n\ninternational\n\nnavigation;\n\n(c) the special characteristics of particular ships and\n\nchannels; and\n\n(d) the density of traffic. 1. The coastal State may take the necessary steps in its\nterritorial sea to prevent passage which is not innocent. 2. In the case of ships proceeding to internal waters or a\ncall at a port facility outside internal waters, the coastal\nState also has the right to take the necessary steps to\nprevent any breach of the conditions to which admission\nof those ships to internal waters or such a call is\nsubject. 3. The coastal State may, without discrimination in form\nor in fact among foreign ships, suspend temporarily in\nspecified areas of its territorial sea the innocent passage\nof foreign ships if such suspension is essential for the\n\n\fL 179/10\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nprotection of its security, including weapons exercises. Such suspension shall take effect only after having been\nduly published. Article 26\n\nCharges which may be levied on foreign ships\n\n1. No charge may be levied on foreign ships by reason\nonly of their passage through the territorial sea. 2. Charges may be levied on a foreign ship passing\nthrough the territorial sea as payment only for specific\nservices rendered to the ship. These charges shall be\nlevied without discrimination. 3. In the cases provided for in paragraphs 1 and 2, the\ncoastal State shall, if the master so requests, notify a\ndiplomatic agent or consular officer of the flag State\nbefore taking any steps, and shall facilitate contact\nbetween such agent or officer and the ship\u2019s crew. In\ncases of \nthis notification may be\ncommunicated while the measures are being taken. emergency \n\nIn considering whether or in what manner an arrest\n4. should be made, the local authorities shall have due\nregard to the interests of navigation. 5. Except as provided in Part XII or with respect to\nviolations of laws and regulations adopted in accordance\nwith Part V, the coastal State may not take any steps on\nboard a foreign ship passing through the territorial sea to\narrest any person or to conduct any investigation in\nconnection with any crime committed before the ship\nentered the territorial sea, if the ship, proceeding from a\nforeign port, is only passing through the territorial sea\nwithout entering internal waters. S u b s e c t i o n B\n\nArticle 28\n\nRules applicable to merchant ships and government\nships operated for commercial purposes\n\nCivil jurisdiction in relation to foreign ships\n\nArticle 27\n\nCriminal jurisdiction on board a foreign ship\n\n1. The criminal jurisdiction of the coastal State should\nnot be exercised on board a foreign ship passing through\nthe territorial sea to arrest any person or to conduct any\ninvestigation in connection with any crime committed on\nboard the ship during its passage, save only in the\nfollowing cases:\n\n(a) if the consequences of the crime extend to the coastal\n\nState;\n\n(b) if the crime is of a kind to disturb the peace of the\ncountry or the good order of the territorial sea;\n\n(c) if the assistance of the local authorities has been\nrequested by the master of the ship or by a diplomatic\nagent or consular officer of the flag State; or\n\n(d) if such measures are necessary for the suppression of\nin narcotic drugs or psychotropic\n\ntraffic \n\nillicit \nsubstances. 1. The coastal State should not stop or divert a foreign\nship passing through the territorial sea for the purpose of\nexercising civil jurisdiction in relation to a person on\nboard the ship. 2. The coastal State may not levy execution against or\narrest the ship for the purpose of any civil proceedings,\nsave only in respect of obligations or liabilities assumed\nor incurred by the ship itself in the course or for the\npurpose of its voyage through the waters of the coastal\nState. 3. Paragraph 2 is without prejudice to the right of the\ncoastal State, in accordance with its laws, to levy\nexecution against or to arrest, for the purpose of any civil\nproceedings, a foreign ship lying in the territorial sea, or\npassing through the territorial sea after leaving internal\nwaters. S u b s e c t i o n C\n\nRules applicable to warships and other government ships\noperated for non-commercial purposes\n\n2. The above provisions do not affect the right of the\ncoastal State to take any steps authorised by its laws for\nthe purpose of an arrest or investigation on board a\nforeign ship passing through the territorial sea after\nleaving internal waters. Article 29\n\nDefinition of warships\n\nFor the purposes of this Convention, \u2018warship\u2019 means a\nship belonging to the armed forces of a State bearing the\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/11\n\nsuch \n\nexternal marks distinguishing \nits\nnationality, under the command of an officer duly\ncommissioned by the government of the State and whose\nname appears in the appropriate service list or its\nequivalent, and manned by a crew which is under regular\narmed forces discipline. ships of \n\nArticle 30\n\nNon-compliance by warships with the laws and\nregulations of the coastal State\n\nIf any warship does not comply with the laws and\nregulations of the coastal State concerning passage\nthrough the territorial sea and disregards any request for\ncompliance therewith which is made to it, the coastal\nState may require \nterritorial sea\nimmediately. leave \n\nthe \n\nto \n\nit \n\nArticle 31\n\nResponsibility of the flag State for damage caused by a\nwarship or other government ship operated for\nnon-commercial purposes\n\nThe flag State shall bear international responsibility for\nany loss or damage to the coastal State resulting from the\nnon-compliance by a warship or other government ship\noperated for non-commercial purposes with the laws and\nregulations of the coastal State concerning passage\nthrough the territorial sea or with the provisions of this\nConvention or other rules of international law. Article 32\n\nImmunities of warships and other government ships\noperated for non-commercial purposes\n\nWith such exceptions as are contained in subsection A\nand in Articles 30 and 31, nothing in this Convention\naffects the immunities of warships and other government\nships operated for non-commercial purposes. SECTION 4\n\nCONTIGUOUS ZONE\n\nArticle 33\n\nContiguous zone\n\nIn a zone contiguous to its territorial sea, described as\n1. the contiguous zone, the coastal State may exercise the\ncontrol necessary to:\n\n(a) prevent \n\ninfringement of \n\nfiscal,\nimmigration or sanitary laws and regulations within\nits territory or territorial sea;\n\ncustoms, \n\nits \n\n(b) punish \n\ninfringement of \n\nthe above \n\nregulations \nterritorial sea. committed within \n\nits \n\nlaws and\nterritory or\n\n2. The contiguous zone may not extend beyond 24\nnautical miles from the baselines from which the breadth\nof the territorial sea is measured. PART III\n\nSTRAITS USED FOR INTERNATIONAL NAVIGATION\n\nSECTION 1\n\nGENERAL PROVISIONS\n\nbordering the straits of their sovereignty or jurisdiction\nover such water and their air space, bed and subsoil. 2. The sovereignty or jurisdiction of the States bordering\nthe straits is exercised subject to this part and to other\nrules of international law. Article 34\n\nLegal status of waters forming straits used for\ninternational navigation\n\nArticle 35\n\nScope of this part\n\n1. The regime of passage through straits used for\ninternational navigation established in this part shall not\nin other respects affect the legal status of the waters\nforming such straits or the exercise by the States\n\nNothing in this part affects:\n\n(a) any areas of internal waters within a strait, except\nwhere the establishment of a straight baseline in\n\n\fL 179/12\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\naccordance with the method set forth in Article 7 has\nthe effect of enclosing as internal waters areas which\nhad not previously been considered as such;\n\n(b) the legal status of the waters beyond the territorial\nseas of States bordering straits as exclusive economic\nzones or high seas; or\n\n(c) the legal regime in straits in which passage is\nregulated in whole or in part by long-standing\ninternational conventions in force specifically relating\nto such straits. Article 36\n\nHigh seas routes or routes through exclusive economic\nzones through straits used for international navigation\n\nThis part does not apply to a strait used for international\nnavigation if there exists through the strait a route\nthrough the high seas or through an exclusive economic\nzone of similar convenience with respect to navigational\nand hydrographical characteristics; in such routes, the\nother relevant parts of this Convention, including the\nprovisions regarding the freedoms of navigation and\noverflight, apply. SECTION 2\n\nTRANSIT PASSAGE\n\nArticle 37\n\nScope of this section\n\nThis section applies to straits which are used for\ninternational navigation between one part of the high\nseas or an exclusive economic zone and another part of\nthe high seas or an exclusive economic zone. Article 38\n\nRight of transit passage\n\nIn straits referred to in Article 37, all ships and\n1. aircraft enjoy the right of transit passage, which shall not\nbe impeded; except that, if the strait is formed by an\nisland of a State bordering the strait and its mainland,\ntransit passage shall not apply if there exists seaward of\nthe island a route through the high seas or through an\nexclusive economic zone of similar convenience with\nrespect \nhydrographical\nto \ncharacteristics. navigational \n\nand \n\n2. Transit passage means the exercise in accordance with\nthis part of the freedom of navigation and overflight\nsolely for the purpose of continuous and expeditious\ntransit of the strait between one part of the high seas or\n\nan exclusive economic zone and another part of the high\nseas or an exclusive economic zone. However, the\nrequirement of continuous and expeditious transit does\nnot preclude passage through the strait for the purpose of\nentering, leaving or returning from a State bordering the\nstrait, subject to the conditions of entry to that State. 3. Any activity which is not an exercise of the right of\ntransit passage through a strait remains subject to the\nother applicable provisions of this Convention. Article 39\n\nDuties of ships and aircraft during transit passage\n\n1. Ships and aircraft, while exercising the right of transit\npassage, shall:\n\n(a) proceed without delay through or over the strait;\n\nterritorial \n\n(b) refrain from any threat or use of force against the\nsovereignty, \npolitical\nindependence of States bordering the strait, or in any\nother manner \nin violation of the principles of\ninternational law embodied in the Charter of the\nUnited Nations;\n\nintegrity \n\nor \n\n(c) refrain from any activities other than those incident to\ntheir normal modes of continuous and expeditious\ntransit unless rendered necessary by force majeure or\nby distress;\n\n(d) comply with other relevant provisions of this part. 2. Ships in transit passage shall:\n\n(a) comply with \n\ngenerally \n\ninternational\nregulations, procedures and practices for safety at sea,\nincluding the International Regulations for Preventing\nCollisions at Sea;\n\naccepted \n\n(b) comply with \n\ninternational\ngenerally \nregulations, procedures and practices \nthe\nfor \nprevention, reduction and control of pollution from\nships. accepted \n\n3. Aircraft in transit passage shall:\n\n(a) observe the Rules of the Air established by the\nInternational Civil Aviation Organisation as they\napply to civil aircraft; State aircraft will normally\ncomply with such safety measures and will at all times\noperate with due regard for the safety of navigation;\n\n(b) at all times monitor the radio frequency assigned by\nthe competent internationally designated air traffic\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/13\n\ncontrol authority or the appropriate international\ndistress radio frequency. 7. Ships in transit passage shall respect applicable sea\nlanes and traffic separation schemes established \nin\naccordance with this Article. Article 40\n\nResearch and survey activities\n\nArticle 42\n\nLaws and regulations of States bordering straits relating\nto transit passage\n\nDuring transit passage, foreign ships, including marine\nscientific research and hydrographic survey ships, may\nnot carry out any research or survey activities without the\nprior authorisation of the States bordering straits. 1. Subject to the provisions of this section, States\nbordering straits may adopt laws and regulations relating\nto transit passage through straits, in respect of all or any\nof the following:\n\nArticle 41\n\nSea lanes and traffic separation schemes in straits used\nfor international navigation\n\n1. In conformity with this part, States bordering straits\nmay designate sea lanes and prescribe traffic separation\nschemes for navigation in straits where necessary to\npromote the safe passage of ships. 2. Such States may, when circumstances require, and\nafter giving due publicity thereto, substitute other sea\nlanes or traffic separation schemes for any sea lanes or\ntraffic separation schemes previously designated or\nprescribed by them. 3. Such sea lanes and traffic separation schemes shall\nconform to generally accepted international regulations. 4. Before designating or substituting sea \nlanes or\nprescribing or substituting traffic separation schemes,\nStates bordering straits shall refer proposals to the\ncompetent international organisation with a view to their\nadoption. The organisation may adopt only such sea\nlanes and traffic separation schemes as may be agreed\nwith the States bordering the straits, after which the\nStates may designate, prescribe or substitute them. 5. In respect of a strait where sea lanes or traffic\nseparation schemes through the waters of two or more\nStates bordering the strait are being proposed, the States\nconcerned shall cooperate in formulating proposals in\nconsultation with \ninternational\norganisation. competent \n\nthe \n\n6. States bordering straits shall clearly indicate all sea\nlanes and traffic separation schemes designated or\nprescribed by them on charts to which due publicity shall\nbe given. (a) the safety of navigation and the regulation of\n\nmaritime traffic, as provided in Article 41;\n\n(b) the prevention, reduction and control of pollution, by\ngiving effect to applicable international regulations\nregarding the discharge of oil, oily wastes and other\nnoxious substances in the strait;\n\n(c) with respect to fishing vessels, the prevention of\n\nfishing, including the stowage of fishing gear;\n\n(d) the loading or unloading of any commodity, currency\nor person in contravention of the customs, fiscal,\nimmigration or sanitary laws and regulations of States\nbordering straits. 2. Such laws and regulations shall not discriminate in\nform or \nin their\nin fact among foreign ships or \napplication have \nthe practical effect of denying,\nhampering or impairing the right of transit passage as\ndefined in this section. 3. States bordering straits shall give due publicity to all\nsuch laws and regulations. 4. Foreign ships exercising the right of transit passage\nshall comply with such laws and regulations. 5. The flag State of a ship or the State of registry of an\naircraft entitled to sovereign immunity which acts in a\nmanner contrary to such laws and regulations or other\ninternational\nprovisions of \nresponsibility for any loss or damage which results to\nStates bordering straits. shall bear \n\nthis part \n\nArticle 43\n\nNavigational and safety aids and other improvements\nand the prevention, reduction and control of pollution\n\nUser States and States bordering a strait should by\nagreement cooperate:\n\n\fL 179/14\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n(a) in the establishment and maintenance in a strait of\nnecessary navigational and safety aids or other\nimprovements in aid of international navigation; and\n\n(b) for the prevention, reduction and control of pollution\n\nfrom ships. SECTION 3\n\nINNOCENT PASSAGE\n\nArticle 45\n\nInnocent passage\n\nArticle 44\n\nDuties of States bordering straits\n\nStates bordering straits shall not hamper transit passage\nand shall give appropriate publicity to any danger to\nnavigation or overflight within or over the strait of which\nthey have knowledge. There shall be no suspension of\ntransit passage. 1. The regime of innocent passage, in accordance with\nPart II, Section 3, shall apply \nin straits used for\ninternational navigation:\n\n(a) excluded from the application of the regime of transit\n\npassage under Article 38(1); or\n\n(b) between a part of the high seas or an exclusive\neconomic zone and the territorial sea of a foreign\nState. 2. There shall be no suspension of innocent passage\nthrough such straits. PART IV\n\nARCHIPELAGIC STATES\n\nArticle 46\n\nUse of terms\n\nthat length, up to a maximum length of 125 nautical\nmiles. For the purposes of this Convention:\n\n(a) \u2018archipelagic State\u2019 means a State constituted wholly\nby one or more archipelagos and may include other\nislands;\n\n(b) \u2018archipelago\u2019 means a group of islands, including\nparts of islands, interconnecting waters and other\nnatural features which are so closely interrelated that\nsuch islands, waters and other natural features form\nan intrinsic geographical, economic and political\nentity, or which historically have been regarded as\nsuch. Article 47\n\nArchipelagic baselines\n\n3. The drawing of such baselines shall not depart to any\nappreciable extent from the general configuration of the\narchipelago. 4. Such baselines shall not be drawn to and from\nsimilar\nlow-tide elevations, unless \ninstallations which are permanently above sea level have\nbeen built on them or where a low-tide elevation is\nsituated wholly or partly at a distance not exceeding the\nbreadth of the territorial sea from the nearest island. lighthouses or \n\n5. The system of such baselines shall not be applied by\nan archipelagic State in such a manner as to cut off from\nthe high seas or the exclusive economic zone the\nterritorial sea of another State. 1. An archipelagic State may draw straight archipelagic\nbaselines joining the outermost points of the outermost\nislands and drying reefs of the archipelago provided that\nwithin such baselines are included the main islands and\nan area in which the ratio of the area of the water to the\narea of the land, including atolls, is between 1 to 1 and 9\nto 1. 6. If a part of the archipelagic waters of an archipelagic\nState lies between two parts of an immediately adjacent\nneighbouring State, existing rights and all other legitimate\ninterests which the latter State has traditionally exercised\nin such waters and all rights stipulated by agreement\nbetween those States shall continue and be respected. 2. The length of such baselines shall not exceed 100\nnautical miles, except that up to 3 % of the total number\nof baselines enclosing any archipelago may exceed\n\n7. For the purpose of computing the ratio of water to\nland under paragraph 1, land areas may include waters\nlying within the fringing reefs of islands and atolls,\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/15\n\nincluding that part of a steep-sided oceanic plateau which\nis enclosed or nearly enclosed by a chain of limestone\nislands and drying reefs lying on the perimeter of the\nplateau. Article 51\n\nExisting agreements, traditional fishing rights and\nexisting submarine cables\n\n8. The baselines drawn in accordance with this Article\nshall be shown on charts of a scale or scales adequate for\nlists of\nascertaining \nthe\ngeographical coordinates of points, \ngeodetic datum, may be substituted. their position. Alternatively, \n\nspecifying \n\n9. The archipelagic State shall give due publicity to such\ncharts or lists of geographical coordinates and shall\ndeposit a copy of each such chart or list with the\nSecretary-General of the United Nations. Article 48\n\nMeasurement of the breadth of the territorial sea, the\ncontiguous zone, the exclusive economic zone and the\ncontinental shelf\n\nThe breadth of the territorial sea, the contiguous zone,\nthe exclusive economic zone and the continental shelf\nshall be measured from archipelagic baselines drawn in\naccordance with Article 47. Article 49\n\nLegal status of archipelagic waters, of the air space over\narchipelagic waters and of their bed and subsoil\n\n1. The sovereignty of an archipelagic State extends to\nthe waters enclosed by the archipelagic baselines drawn\nin accordance with Article 47, described as archipelagic\nwaters, regardless of their depth or distance from the\ncoast. 2. This sovereignty extends to the air space over the\narchipelagic waters, as well as to their bed and subsoil,\nand the resources contained therein. 3. This sovereignty is exercised subject to this part. the \n\n1. Without prejudice to Article 49, an archipelagic State\nshall respect existing agreements with other States and\nshall recognise traditional fishing rights and other\nimmediately adjacent\nlegitimate activities of \nneighbouring States \nin certain areas falling within\narchipelagic waters. The terms and conditions for the\nexercise of such rights and activities, including the nature,\nthe extent and the areas to which they apply, shall, at the\nrequest of any of the States concerned, be regulated by\nbilateral agreements between them. Such rights shall not\nbe transferred to or shared with third States or their\nnationals. 2. An archipelagic State shall respect existing submarine\ncables laid by other States and passing through its waters\nwithout making a landfall. An archipelagic State shall\npermit the maintenance and replacement of such cables\non receiving due notice of their location and the intention\nto repair or replace them. Article 52\n\nRight of innocent passage\n\n1. Subject to Article 53 and without prejudice to Article\n50, ships of all States enjoy the right of innocent passage\nthrough archipelagic waters, in accordance with Part II,\nSection 3. 2. The archipelagic State may, without discrimination in\nform or in fact among foreign ships, suspend temporarily\nin specified areas of its archipelagic waters the innocent\npassage of foreign ships if such suspension is essential for\nthe protection of its security. Such suspension shall take\neffect only after having been duly published. Article 53\n\nRight of archipelagic sea lanes passage\n\n4. The regime of archipelagic sea \nlanes passage\nestablished in this part shall not in other respects affect\nthe status of the archipelagic waters, including the sea\nlanes, or the exercise by the archipelagic State of its\nsovereignty over such waters and their air space, bed and\nsubsoil, and the resources contained therein. 1. An archipelagic State may designate sea lanes and air\nroutes thereabove, suitable for the continuous and\nexpeditious passage of foreign ships and aircraft through\nor over its archipelagic waters and the adjacent territorial\nsea. Article 50\n\nDelimitation of internal waters\n\n2. All ships and aircraft enjoy the right of archipelagic\nsea lanes passage in such sea lanes and air routes. Within its archipelagic waters, the archipelagic State may\ndraw closing lines for the delimitation of internal waters,\nin accordance with Articles 9, 10 and 11. 3. Archipelagic sea lanes passage means the exercise in\naccordance with this Convention of the rights of\nnavigation and overflight in the normal mode solely for\nthe purpose of continuous, expeditious and unobstructed\n\n\fL 179/16\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\ntransit between one part of the high seas or an exclusive\neconomic zone and another part of the high seas or an\nexclusive economic zone. 8. Such sea lanes and traffic separation schemes shall\nconform to generally accepted international regulations. 4. Such sea lanes and air routes shall traverse the\narchipelagic waters and the adjacent territorial sea and\nshall include all normal passage routes used as routes for\ninternational navigation or overflight through or over\narchipelagic waters and, within such routes, so far as\nships are concerned, all normal navigational channels,\nprovided that duplication of routes of similar convenience\nbetween the same entry and exit points shall not be\nnecessary. 5. Such sea lanes and air routes shall be defined by a\nseries of continuous axis lines from the entry points of\npassage routes to the exit points. Ships and aircraft in\narchipelagic sea lanes passage shall not deviate more than\n25 nautical miles to either side of such axis lines during\npassage, provided that such ships and aircraft shall not\nnavigate closer to the coasts than 10 % of the distance\nbetween the nearest points on islands bordering the sea\nlane. 6. An archipelagic State which designates sea lanes\nunder this Article may also prescribe traffic separation\nschemes for the safe passage of ships through narrow\nchannels in such sea lanes. 7. An archipelagic State may, when circumstances\nrequire, after giving due publicity thereto, substitute other\nsea lanes or traffic separation schemes for any sea lanes\nor traffic separation schemes previously designated or\nprescribed by it. In designating or substituting sea lanes or prescribing\n9. or substituting traffic separation schemes, an archipelagic\nState shall refer proposals to the competent international\norganisation with a view \ntheir adoption. The\norganisation may adopt only such sea lanes and traffic\nseparation \nthe\narchipelagic State, after which the archipelagic State may\ndesignate, prescribe or substitute them. schemes as may be agreed with \n\nto \n\n10. The archipelagic State shall clearly indicate the axis\nof the sea lanes and the traffic separation schemes\ndesignated or prescribed by it on charts to which due\npublicity shall be given. 11. Ships in archipelagic sea lanes passage shall respect\napplicable sea \nlanes and traffic separation schemes\nestablished in accordance with this Article. 12. If an archipelagic State does not designate sea lanes\nor air routes, the right of archipelagic sea lanes passage\nmay be exercised through the routes normally used for\ninternational navigation. Article 54\n\nDuties of ships and aircraft during their passage,\nresearch and survey activities, duties of the archipelagic\nState and laws and regulations of the archipelagic State\nrelating to archipelagic sea lanes passage\n\nArticles 39, 40, 42 and 44 apply mutatis mutandis to\narchipelagic sea lanes passage. PART V\n\nEXCLUSIVE ECONOMIC ZONE\n\nArticle 55\n\nArticle 56\n\nSpecific legal regime of the exclusive economic zone\n\nRights, jurisdiction and duties of the coastal State in the\nexclusive economic zone\n\nThe exclusive economic zone is an area beyond and\nadjacent to the territorial sea, subject to the specific legal\nregime established in this part, under which the rights\nand jurisdiction of the coastal State and the rights and\nfreedoms of other States are governed by the relevant\nprovisions of this Convention. In the exclusive economic zone, the coastal State\n\n1. has:\n\n(a) sovereign rights for the purpose of exploring and\nexploiting, conserving and managing the natural\nresources, whether living or non-living, of the waters\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/17\n\nsuperjacent to the sea-bed and of the sea-bed and its\nsubsoil, and with regard to other activities for the\neconomic exploitation and exploration of the zone,\nsuch as the production of energy from the water,\ncurrents and winds;\n\nthe coastal State and shall comply with the laws and\nregulations adopted by the coastal State in accordance\nwith the provisions of this Convention and other rules of\ninternational law in so far as they are not incompatible\nwith this part. (b) jurisdiction as provided for in the relevant provisions\n\nof this Convention with regard to:\n\n(i) \n\nthe establishment and use of artificial islands,\ninstallations and structures;\n\n(ii) marine scientific research;\n\n(iii) the protection and preservation of the marine\n\nenvironment;\n\n(c) other rights and duties provided \n\nfor \n\nin \n\nthis\n\nConvention. 2. In exercising its rights and performing its duties under\nthis Convention in the exclusive economic zone, the\ncoastal State shall have due regard to the rights and\nin a manner\nduties of other States and shall act \ncompatible with the provisions of this Convention. 3. The rights set out in this Article with respect to the\nsea-bed and subsoil shall be exercised in accordance with\nPart VI. Article 57\n\nBreadth of the exclusive economic zone\n\nThe exclusive economic zone shall not extend beyond\n200 nautical miles from the baselines from which the\nbreadth of the territorial sea is measured. Article 58\n\nRights and duties of other States in the exclusive\neconomic zone\n\nsubmarine \n\nIn the exclusive economic zone, all States, whether\n1. coastal or land-locked, enjoy, subject to the relevant\nprovisions of this Convention, the freedoms referred to in\nArticle 87 of navigation and overflight and of the laying\nof \nand other\ninternationally lawful uses of the sea related to these\nfreedoms, such as those associated with the operation of\nships, aircraft and submarine cables and pipelines, and\ncompatible with \nthis\nConvention. the other provisions of \n\nand pipelines, \n\ncables \n\n2. Articles 88 to 115 and other pertinent rules of\ninternational law apply to the exclusive economic zone in\nso far as they are not incompatible with this part. 3. In exercising their rights and performing their duties\nunder this Convention in the exclusive economic zone,\nStates shall have due regard to the rights and duties of\n\nArticle 59\n\nBasis for the resolution of conflicts regarding the\nattribution of rights and jurisdiction in the exclusive\neconomic zone\n\nIn cases where this Convention does not attribute rights\nor jurisdiction to the coastal State or to other States\nwithin the exclusive economic zone, and a conflict arises\nbetween the interests of the coastal State and any other\nState or States, the conflict should be resolved on the\nbasis of equity and in the light of all the relevant\ncircumstances, \nrespective\nimportance of the interests involved to the parties as well\nas to the international community as a whole. into account \n\ntaking \n\nthe \n\nArticle 60\n\nArtificial islands, installations and structures in the\nexclusive economic zone\n\nIn the exclusive economic zone, the coastal State shall\n1. have the exclusive right to construct and to authorise and\nregulate the construction, operation and use of:\n\n(a) artificial islands;\n\n(b) installations and structures for the purposes provided\n\nfor in Article 56 and other economic purposes;\n\n(c) installations and structures which may interfere with\nthe exercise of the rights of the coastal State in the\nzone. 2. The coastal State shall have exclusive jurisdiction over\nsuch artificial \ninstallations and structures,\nincluding jurisdiction with regard to customs, fiscal,\nhealth, safety and immigration laws and regulations. islands, \n\nislands, \n\n3. Due notice must be given of the construction of such\nartificial \nstructures, and\ninstallations or \npermanent means for giving warning of their presence\nmust be maintained. Any installations or structures which\nare abandoned or disused shall be removed to ensure\nsafety of navigation, taking into account any generally\naccepted international standards established in this regard\nby \ninternational organisation. Such\nremoval shall also have due regard to fishing, the\nprotection of the marine environment and the rights and\nduties of other States. Appropriate publicity shall be\ngiven to the depth, position and dimensions of any\ninstallations or structures not entirely removed. the competent \n\n\fL 179/18\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n4. The coastal State may, where necessary, establish\nreasonable safety zones around such artificial islands,\ninstallations and structures \nit may take\nappropriate measures to ensure the safety both of\nnavigation and of the artificial islands, installations and\nstructures. in which \n\nthe artificial \n\n5. The breadth of the safety zones shall be determined\nby the coastal State, taking into account applicable\ninternational standards. Such zones shall be designed to\nensure that they are reasonably related to the nature and\nfunction of \ninstallations or\nstructures, and shall not exceed a distance of 500 metres\naround them, measured from each point of their outer\nedge, except as authorised by generally accepted\ninternational standards or as recommended by the\ncompetent international organisation. Due notice shall be\ngiven of the extent of safety zones. islands, \n\n6. All ships must respect these safety zones and shall\ncomply with generally accepted international standards\nregarding navigation in the vicinity of artificial islands,\ninstallations, structures and safety zones. 7. Artificial islands, installations and structures and the\nsafety zones around them may not be established where\ninterference may be caused to the use of recognised sea\nlanes essential to international navigation. the economic needs of coastal \n\nincluding \nfishing\ncommunities and the special requirements of developing\nStates, and taking into account fishing patterns, the\ninterdependence \ngenerally\nstocks \nrecommended international minimum standards, whether\nsubregional, regional or global. and \n\nany \n\nof \n\nIn taking such measures the coastal State shall take\n4. into consideration the effects on species associated with\nor dependent on harvested species with a view to\nmaintaining or restoring populations of such associated\nor dependent species above \nlevels at which their\nreproduction may become seriously threatened. relevant \n\nstatistics, and other data \n\n5. Available scientific information, catch and fishing\nthe\neffort \nconservation to fish stocks shall be contributed and\nexchanged on a regular basis \nthrough competent\ninternational organisations, whether subregional, regional\nor global, where appropriate and with participation by all\nStates concerned, including States whose nationals are\nallowed to fish in the exclusive economic zone. to \n\nArticle 62\n\nUtilisation of the living resources\n\n8. Artificial islands, installations and structures do not\npossess the status of islands. They have no territorial sea\nof their own, and their presence does not affect the\ndelimitation of the territorial sea, the exclusive economic\nzone or the continental shelf. 1. The coastal State shall promote the objective of\noptimum utilisation of the \nin the\nexclusive economic zone without prejudice to Article\n61. living resources \n\nArticle 61\n\nConservation of the living resources\n\n1. The coastal State shall determine the allowable catch\nof the living resources in its exclusive economic zone. 2. The coastal State, taking into account the best\nscientific evidence available to it, shall ensure through\nproper conservation and management measures that the\nmaintenance of the living resources in the exclusive\neconomic zone is not endangered by over-exploitation. As\ncompetent\nappropriate, \ninternational organisations, whether subregional, regional\nor global, shall cooperate to this end. coastal \n\nState \n\nand \n\nthe \n\n3. Such measures shall also be designed to maintain or\nrestore populations of harvested species at levels which\ncan produce the maximum sustainable yield, as qualified\nfactors,\nby \n\nrelevant environmental and economic \n\n2. The coastal State shall determine its capacity to\nharvest the living resources of the exclusive economic\nzone. Where the coastal State does not have the capacity\nto harvest the entire allowable catch, it shall, through\nagreements or other arrangements and pursuant to the\nterms, conditions, laws and regulations referred to in\nparagraph 4, give other States access to the surplus of the\nallowable catch, having particular \nthe\nprovisions of Articles 69 and 70, especially in relation to\nthe developing States mentioned therein. regard \n\nto \n\n3. In giving access to other States to its exclusive\neconomic zone under this Article, the coastal State shall\ntake into account all relevant factors, including, inter alia,\nthe significance of the living resources of the area to the\neconomy of the coastal State concerned and its other\nnational interests, the provisions of Articles 69 and 70,\nthe requirements of developing States in the subregion or\nregion in harvesting part of the surplus and the need to\nminimise economic dislocation in States whose nationals\nhave habitually fished in the zone or which have made\nsubstantial efforts \nidentification of\nstocks. in research and \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/19\n\n4. Nationals of other States fishing in the exclusive\neconomic zone shall comply with the conservation\nmeasures and with the other terms and conditions\nestablished in the laws and regulations of the coastal\nState. These laws and regulations shall be consistent with\nthis Convention and may relate, inter alia, to the\nfollowing:\n\n(a) licensing of fishermen, fishing vessels and equipment,\nincluding payment of fees and other forms of\nremuneration, which, in the case of developing coastal\nStates, may consist of adequate compensation in the\nfield of financing, equipment and technology relating\nto the fishing industry;\n\n(b) determining the species which may be caught, and\nfixing quotas of catch, whether \nin relation to\nparticular stocks or groups of stocks or catch per\nvessel over a period of time or to the catch by\nnationals of any State during a specified period;\n\n(c) regulating seasons and areas of fishing, the types,\nsizes and amount of gear, and the types, sizes and\nnumber of fishing vessels that may be used;\n\n(d) fixing the age and size of fish and other species that\n\nmay be caught;\n\n(e) specifying information required of fishing vessels,\nincluding catch and effort statistics and vessel\nposition reports;\n\n(f) requiring, under the authorisation and control of the\ncoastal State, the conduct of specified fisheries\nresearch programmes and regulating the conduct of\nsuch research, including the sampling of catches,\ndisposition of samples and reporting of associated\nscientific data;\n\n(g) the placing of observers or trainees on board such\n\nvessels by the coastal State;\n\nArticle 63\n\nStocks occurring within the exclusive economic zones of\ntwo or more coastal States or both within the exclusive\neconomic zone and in an area beyond and adjacent\nto it\n\nthrough appropriate \n\n1. Where the same stock or stocks of associated species\noccur within the exclusive economic zones of two or\nmore coastal States, these States shall seek, either directly\nor \nregional\norganisations, to agree on the measures necessary to\ncoordinate and ensure the conservation and development\nof such stocks without prejudice to the other provisions\nof this part. subregional or \n\n2. Where the same stock or stocks of associated species\noccur both within the exclusive economic zone and in an\narea beyond and adjacent to the zone, the coastal State\nand the States fishing for such stocks in the adjacent area\nshall seek, either directly or \nthrough appropriate\nsubregional or regional organisations, to agree on the\nmeasures necessary for the conservation of these stocks in\nthe adjacent area. Article 64\n\nHighly migratory species\n\n1. The coastal State and other States whose nationals\nfish in the region for the highly migratory species listed in\nAnnex I shall cooperate directly or through appropriate\ninternational organisations with a view to ensuring\nconservation and promoting the objective of optimum\nutilisation of such species throughout the region, both\nwithin and beyond the exclusive economic zone. In\nregions \ninternational\norganisation exists, the coastal State and other States\nwhose nationals harvest these species in the region shall\ncooperate \nsuch an organisation and\nparticipate in its work. for which no \n\nto establish \n\nappropriate \n\n(h) the landing of all or any part of the catch by such\n\nvessels in the ports of the coastal State;\n\n2. The provisions of paragraph 1 apply in addition to\nthe other provisions of this part. (i) terms and conditions relating to joint ventures or\n\nother cooperative arrangements;\n\n(j) requirements for the training of personnel and the\ntransfer \nincluding\nenhancement of the coastal State\u2019s capability of\nundertaking fisheries research;\n\ntechnology, \n\nfisheries \n\nof \n\n(k) enforcement procedures. 5. Coastal States shall give due notice of conservation\nand management laws and regulations. Article 65\n\nMarine mammals\n\nNothing in this part restricts the right of a coastal State\nor the competence of an international organisation, as\nappropriate, to prohibit, limit or regulate the exploitation\nof marine mammals more strictly than provided for in\nthis part. States shall cooperate with a view to the\nconservation of marine mammals and in the case of\nthe\ncetaceans \nappropriate \ntheir\nconservation, management and study. in particular work \n\nthrough \nfor \n\norganisations \n\ninternational \n\nshall \n\n\fL 179/20\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 66\n\nAnadromous stocks\n\n5. The State of origin of anadromous stocks and other\nStates fishing these stocks shall make arrangements for\nthe implementation of the provisions of this Article,\nwhere appropriate, through regional organisations. 1. States in whose rivers anadromous stocks originate\nshall have the primary interest in and responsibility for\nsuch stocks. Article 67\n\nCatadromous species\n\n2. The State of origin of anadromous stocks shall ensure\ntheir conservation by the establishment of appropriate\nregulatory measures for fishing in all waters landward of\nthe outer limits of its exclusive economic zone and for\nfishing provided for in paragraph 3(b). The State of\norigin may, after consultations with the other States\nreferred to in paragraphs 3 and 4 fishing these stocks,\nestablish total allowable catches for stocks originating in\nits rivers. 3. (a) Fisheries \n\nstocks \n\nfor anadromous \n\nshall be\nconducted only in waters landward of the outer\nlimits of exclusive economic zones, except in cases\nwhere this provision would result in economic\ndislocation for a State other than the State of\norigin. With respect to such fishing beyond the\nouter limits of the exclusive economic zone, States\nconcerned shall maintain consultations with a\nview to achieving agreement on terms and\nconditions of such fishing giving due regard to the\nconservation requirements and the needs of the\nState of origin in respect of these stocks. (b) The State of origin shall cooperate in minimising\neconomic dislocation in such other States fishing\nthese stocks, taking into account the normal catch\nand the mode of operations of such States, and all\nthe areas in which such fishing has occurred. (c) States \n\nin \n\nto \n\nto \n\nreferred \n\nsubparagraph \n\n(b),\nparticipating by agreement with the State of origin\nin measures \nstocks,\nparticularly by expenditures for that purpose,\nshall be given special consideration by the State of\norigin in the harvesting of stocks originating in its\nrivers. renew anadromous \n\n(d) Enforcement of regulations regarding anadromous\nstocks beyond the exclusive economic zone shall\nbe by agreement between the State of origin and\nthe other States concerned. 4. In cases where anadromous stocks migrate into or\nthrough the waters landward of the outer limits of the\nexclusive economic zone of a State other than the State of\norigin, such State shall cooperate with the State of origin\nwith regard to the conservation and management of such\nstocks. 1. A coastal State in whose waters catadromous species\nspend the greater part of their life cycle shall have\nresponsibility for the management of these species and\nshall ensure the ingress and egress of migrating fish. 2. Harvesting of catadromous species shall be conducted\nonly in waters landward of the outer limits of exclusive\neconomic zones. When conducted in exclusive economic\nzones, harvesting shall be subject to this Article and the\nother provisions of this Convention concerning fishing in\nthese zones. In cases where catadromous fish migrate through the\n3. exclusive economic zone of another State, whether as\njuvenile or maturing fish, the management, including\nharvesting, of such fish shall be regulated by agreement\nbetween the State mentioned in paragraph 1 and the\nother State concerned. Such agreement shall ensure the\nrational management of the species and take into account\nthe responsibilities of the State mentioned in paragraph 1\nfor the maintenance of these species. Article 68\n\nSedentary species\n\nThis part does not apply to sedentary species as defined\nin Article 77(4). Article 69\n\nRight of land-locked States\n\n1. Land-locked States shall have the right to participate,\nin the exploitation of an\non an equitable basis, \nappropriate part of the surplus of the living resources of\nthe exclusive economic zones of coastal States of the\nsame subregion or region, taking into account the\nrelevant economic and geographical circumstances of all\nin conformity with the\nthe States concerned and \nprovisions of this Article and of Articles 61 and 62. 2. The terms and modalities of such participation shall\nbe established by the States concerned through bilateral,\nsubregional or regional agreements taking into account,\ninter alia:\n\n(a) the need to avoid effects detrimental to fishing\ncommunities or fishing industries of the coastal\nState;\n\n(b) the extent to which the \n\nin\naccordance with the provisions of this Article, is\n\nland-locked State, \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/21\n\nparticipating or \nis entitled to participate under\nexisting bilateral, subregional or regional agreements\nin the exploitation of living resources of the exclusive\neconomic zones of other coastal States;\n\n(c) the extent to which other land-locked States and\ngeographically disadvantaged States are participating\nin the exploitation of the living resources of the\nexclusive economic zone of the coastal State and the\nconsequent need to avoid a particular burden for any\nsingle coastal State or a part of it;\n\n(d) the nutritional needs of the populations of the\n\nrespective States. 3. When the harvesting capacity of a coastal State\napproaches a point which would enable it to harvest the\nentire allowable catch of the living resources in its\nexclusive economic zone, the coastal State and other\nStates concerned shall cooperate in the establishment of\nequitable arrangements on a bilateral, subregional or\nregional basis to allow for participation of developing\nland-locked States of the same subregion or region in the\nexploitation of the living resources of the exclusive\neconomic zones of coastal States of the subregion or\nregion, as may be appropriate in the circumstances and\non terms satisfactory to all parties. In the implementation\nof this provision the factors mentioned in paragraph 2\nshall also be taken into account. shall, under \n\nland-locked States \n\nthe\n4. Developed \nprovisions of this Article, be entitled to participate in the\nexploitation of living resources only in the exclusive\neconomic zones of developed coastal States of the same\nsubregion or region having regard to the extent to which\nthe coastal State, in giving access to other States to the\nliving resources of its exclusive economic zone, has taken\ninto account the need to minimise detrimental effects on\nfishing communities and economic dislocation in States\nwhose nationals have habitually fished in the zone. 5. The above provisions are without prejudice to\narrangements agreed on in subregions or regions where\nthe coastal States may grant to land-locked States of the\nsame subregion or region equal or preferential rights for\nthe exploitation of the living resources in the exclusive\neconomic zones. Article 70\n\nRight of geographically disadvantaged States\n\n1. Geographically disadvantaged States shall have the\nright to participate, on an equitable basis, \nin the\nexploitation of an appropriate part of the surplus of the\nliving resources of the exclusive economic zones of\ncoastal States of the same subregion or region, taking\ninto account the relevant economic and geographical\nin\ncircumstances of all \n\nthe States concerned and \n\nconformity with the provisions of this Article and of\nArticles 61 and 62. this part, \n\nthe purposes of \n\n\u2018geographically\n2. For \ndisadvantaged States\u2019 means coastal States, including\nStates bordering enclosed or semi-enclosed seas, whose\ngeographical situation makes them dependent on the\nexploitation of the living resources of the exclusive\neconomic zones of other States in the subregion or region\nfor adequate supplies of fish for the nutritional purposes\nof their populations or parts thereof, and coastal States\nwhich can claim no exclusive economic zones of their\nown. 3. The terms and modalities of such participation shall\nbe established by the States concerned through bilateral,\nsubregional or regional agreements taking into account,\ninter alia:\n\n(a) the need to avoid effects detrimental to fishing\ncommunities or fishing industries of the coastal\nState;\n\n(b) the extent to which the geographically disadvantaged\nState, in accordance with the provisions of this\nArticle, is participating or is entitled to participate\nunder existing bilateral, subregional or regional\nagreements in the exploitation of living resources of\nthe exclusive economic zones of other coastal States;\n\n(c) the \n\nextent \n\ngeographically\nother \nto which \ndisadvantaged States and \nlandlocked States are\nparticipating in the exploitation of the living resources\nof the exclusive economic zone of the coastal State\nand the consequent need to avoid a particular burden\nfor any single coastal State or a part of it;\n\n(d) the nutritional needs of the populations of the\n\nrespective States. 4. When the harvesting capacity of a coastal State\napproaches a point which would enable it to harvest the\nentire allowable catch of the living resources in its\nexclusive economic zone, the coastal State and other\nStates concerned shall cooperate in the establishment of\nequitable arrangements on a bilateral, subregional or\nregional basis to allow for participation of developing\ngeographically disadvantaged States of \nsame\nsubregion or region in the exploitation of the living\nresources of the exclusive economic zones of coastal\nStates of the subregion or region, as may be appropriate\nin the circumstances and on terms satisfactory to all\nparties. In the implementation of this provision the\nfactors mentioned in paragraph 3 shall also be taken into\naccount. the \n\n5. Developed geographically disadvantaged States shall,\nunder the provisions of this Article, be entitled to\nparticipate in the exploitation of living resources only in\nthe exclusive economic zones of developed coastal States\nof the same subregion or region having regard to the\n\n\fL 179/22\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nextent to which the coastal State, in giving access to other\nStates to the living resources of its exclusive economic\nzone, has taken into account the need to minimise\ndetrimental effects on fishing communities and economic\ndislocation in States whose nationals have habitually\nfished in the zone. 3. Coastal State penalties for violations of fisheries laws\nand regulations in the exclusive economic zone may not\ninclude imprisonment, in the absence of agreements to\nthe contrary by the States concerned, or any other form\nof corporal punishment. coastal States may grant \n\n6. The above provisions are without prejudice to\narrangements agreed on in subregions or regions where\nthe \nto geographically\ndisadvantaged States of the same subregion or region\nequal or preferential rights for the exploitation of the\nliving resources in the exclusive economic zones. Article 71\n\nNon-applicability of Articles 69 and 70\n\nThe provisions of Articles 69 and 70 do not apply in the\ncase of a coastal State whose economy is overwhelmingly\ndependent on the exploitation of the living resources of\nits exclusive economic zone. Article 72\n\nRestrictions on transfer of rights\n\n1. Rights provided under Articles 69 and 70 to exploit\nliving resources shall not be directly or \nindirectly\ntransferred to third States or their nationals by lease or\nlicence, by establishing joint ventures or in any other\nmanner which has the effect of such transfer unless\notherwise agreed by the States concerned. 2. The foregoing provision does not preclude the States\nconcerned from obtaining technical or financial assistance\nfrom third States or international organisations in order\nto facilitate the exercise of the rights pursuant to Articles\n69 and 70, provided that it does not have the effect\nreferred to in paragraph 1. 4. In cases of arrest or detention of foreign vessels the\ncoastal State shall promptly notify the flag State, through\nappropriate channels, of the action taken and of any\npenalties subsequently imposed. Article 74\n\nDelimitation of the exclusive economic zone between\nStates with opposite or adjacent coasts\n\n1. The delimitation of the exclusive economic zone\nbetween States with opposite or adjacent coasts shall be\neffected by agreement on the basis of international law,\nas referred to in Article 38 of the Statute of the\nInternational Court of Justice, in order to achieve an\nequitable solution. 2. If no agreement can be reached within a reasonable\nperiod of time, the States concerned shall resort to the\nprocedures provided for in Part XV. 3. Pending agreement as provided for in paragraph 1,\nthe States concerned, in a spirit of understanding and\ncooperation, shall make every effort to enter \ninto\nprovisional arrangements of a practical nature and,\nduring this transitional period, not to jeopardise or\nhamper the reaching of the final agreement. Such\narrangements shall be without prejudice to the final\ndelimitation. 4. Where there is an agreement in force between the\nStates concerned, questions relating to the delimitation of\nthe exclusive economic zone shall be determined in\naccordance with the provisions of that agreement. Article 73\n\nCharts and lists of geographical coordinates\n\nArticle 75\n\nEnforcement of laws and regulations of the coastal State\n\n1. The coastal State may, in the exercise of its sovereign\nrights to explore, exploit, conserve and manage the living\nresources in the exclusive economic zone, take such\nmeasures, including boarding, inspection, arrest and\njudicial proceedings, as may be necessary to ensure\ncompliance with the laws and regulations adopted by it\nin conformity with this Convention. 1. Subject to this part, the outer limit lines of the\nexclusive economic zone and the lines of delimitation\ndrawn in accordance with Article 74 shall be shown on\ncharts of a scale or scales adequate for ascertaining their\nlists of geographical\nposition. Where appropriate, \ncoordinates of points, specifying the geodetic datum, may\nbe substituted for such outer limit lines or lines of\ndelimitation. 2. Arrested vessels and their crews shall be promptly\nreleased on the posting of reasonable bond or other\nsecurity. 2. The coastal State shall give due publicity to such\ncharts or lists of geographical coordinates and shall\ndeposit a copy of each such chart or list with the\nSecretary-General of the United Nations. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/23\n\nPART VI\n\nCONTINENTAL SHELF\n\nArticle 76\n\nDefinition of the continental shelf\n\nits \n\nterritorial sea \n\n1. The continental shelf of a coastal State comprises the\nsea-bed and subsoil of the submarine areas that extend\nthe natural\nbeyond \nprolongation of its land territory to the outer edge of the\ncontinental margin, or to a distance of 200 nautical miles\nfrom the baselines from which the breadth of the\nterritorial sea is measured where the outer edge of the\ncontinental margin does not extend up to that distance. throughout \n\n2. The continental shelf of a coastal State shall not\nextend beyond the limits provided for in paragraph 4\nto 6. 3. The continental margin comprises the submerged\nprolongation of the land mass of the coastal State, and\nconsists of the sea-bed and subsoil of the shelf, the slope\nand the rise. It does not include the deep ocean floor with\nits oceanic ridges or the subsoil thereof. 4. (a) For the purposes of this Convention, the coastal\nState shall establish the outer edge of the\ncontinental margin wherever the margin extends\nbeyond 200 nautical miles from the baselines from\nis\nwhich the breadth of the territorial sea \nmeasured, by either:\n\n(i) a line delineated in accordance with paragraph\n7 by reference to the outermost fixed points at\neach of which the thickness of sedimentary\nrocks is at least 1 % of the shortest distance\nfrom such point to the foot of the continental\nslope; or\n\n(ii) a line delineated in accordance with paragraph\n7 by reference to fixed points not more than\n60 nautical miles from the foot of the\ncontinental slope. (b) In the absence of evidence to the contrary, the\nfoot of the continental slope shall be determined\nas the point of maximum change in the gradient\nat its base. 5. The fixed points comprising the line of the outer\nlimits of the continental shelf on the sea-bed, drawn in\naccordance with paragraph 4(a)(i) and (ii), either shall\nnot exceed 350 nautical miles from the baselines from\nwhich the breadth of the territorial sea is measured or\nshall not exceed 100 nautical miles from the 2 500 metre\nisobath, which is a line connecting the depth of 2 500\nmetres. 6. Notwithstanding the provisions of paragraph 5, on\nsubmarine ridges, the outer limit of the continental shelf\nshall not exceed 350 nautical miles from the baselines\nfrom which the breadth of the territorial sea is measured. This paragraph does not apply to submarine elevations\nthat are natural components of the continental margin,\nsuch as its plateaux, rises, caps, banks and spurs. 7. The coastal State shall delineate the outer limits of its\ncontinental shelf, where that shelf extends beyond 200\nnautical miles from the baselines from which the breadth\nof the territorial sea is measured, by straight lines not\nexceeding 60 nautical miles in length, connecting fixed\npoints, defined by coordinates of latitude and longitude. 8. Information on the limits of the continental shelf\nbeyond 200 nautical miles from the baselines from which\nthe breadth of the territorial sea is measured shall be\nsubmitted by the coastal State to the Commission on the\nLimits of the Continental Shelf set up under Annex II on\nthe basis of equitable geographical representation. The\nCommission shall make recommendations to coastal\nStates on matters related to the establishment of the outer\nlimits of their continental shelf. The limits of the shelf\nestablished by a coastal State on the basis of these\nrecommendations shall be final and binding. shall \n\nState \n\ncoastal \n\ndeposit with \n\nthe\n9. The \nSecretary-General of the United Nations charts and\nrelevant \ndatum,\npermanently describing the outer limits of its continental\nshelf. The Secretary-General shall give due publicity\nthereto. information, \n\nincluding \n\ngeodetic \n\n10. The provisions of this Article are without prejudice\nto the question of delimitation of the continental shelf\nbetween States with opposite or adjacent coasts. Article 77\n\nRights of the coastal State over the continental shelf\n\n1. The coastal State exercises over the continental shelf\nsovereign rights for the purpose of exploring it and\nexploiting its natural resources. 2. The rights referred to in paragraph 1 are exclusive in\nthe sense that if the coastal State does not explore the\ncontinental shelf or exploit its natural resources, no one\nmay undertake these activities without the express\nconsent of the coastal State. L 179/24\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n3. The rights of the coastal State over the continental\nshelf do not depend on occupation, effective or notional,\nor on any express proclamation. 5. When laying submarine cables or pipelines, States\nshall have due regard to cables or pipelines already in\nposition. In particular, possibilities of repairing existing\ncables or pipelines shall not be prejudiced. 4. The natural resources referred to in this part consist\nof the mineral and other non-living resources of the\nsea-bed and subsoil together with \nliving organisms\nbelonging to sedentary species, that is to say, organisms\nwhich, at the harvestable stage, either are immobile on or\nunder the sea-bed or are unable to move except in\nconstant physical contact with the sea-bed or the\nsubsoil. Article 78\n\nLegal status of the superjacent waters and air space and\nthe rights and freedoms of other States\n\n1. The rights of the coastal State over the continental\nshelf do not affect the legal status of the superjacent\nwaters or of the air space above those waters. 2. The exercise of the rights of the coastal State over the\ncontinental shelf must not infringe or result in any\nunjustifiable interference with navigation and other rights\nand freedoms of other States as provided for in this\nConvention. Article 79\n\nSubmarine cables and pipelines on the continental shelf\n\n1. All States are entitled to lay submarine cables and\npipelines on the continental shelf, in accordance with the\nprovisions of this Article. 2. Subject to its right to take reasonable measures for\nthe exploration of the continental shelf, the exploitation\nof its natural resources and the prevention, reduction and\ncontrol of pollution from pipelines, the coastal State may\nnot impede the laying or maintenance of such cables or\npipelines. 3. The delineation of the course for the laying of such\npipelines on the continental shelf is subject to the consent\nof the coastal State. 4. Nothing in this part affects the right of the coastal\nState to establish conditions for cables or pipelines\nentering its territory or territorial sea, or its jurisdiction\nin\nover cables and pipelines constructed or used \nconnection with the exploration of its continental shelf or\nexploitation of its resources or the operations of artificial\nislands, \nits\nand \njurisdiction. installations \n\nstructures \n\nunder \n\nArticle 80\n\nArtificial islands, installations and structures on the\ncontinental shelf\n\nArticle 60 applies mutatis mutandis to artificial islands,\ninstallations and structures on the continental shelf. Article 81\n\nDrilling on the continental shelf\n\nThe coastal State shall have the exclusive right to\nauthorise and regulate drilling on the continental shelf for\nall purposes. Article 82\n\nPayments and contributions with respect to the\nexploitation of the continental shelf beyond\n200 nautical miles\n\ncoastal State \n\n1. The \nshall make payments or\ncontributions in kind in respect of the exploitation of the\nnon-living resources of the continental shelf beyond 200\nnautical miles from the baselines from which the breadth\nof the territorial sea is measured. 2. The payments and contributions shall be made\nannually with respect to all production at a site after the\nfirst five years of production at that site. For the sixth\nyear, the rate of payment or contribution shall be 1 % of\nthe value or volume of production at the site. The rate\nshall increase by 1 % for each subsequent year until the\n12th year and shall remain at 7 % thereafter. Production\ndoes not include resources used in connection with\nexploitation. 3. A developing State which is a net importer of a\nmineral resource produced from its continental shelf is\nexempt from making such payments or contributions in\nrespect of that mineral resource. 4. The payments or contributions shall be made through\nthe Authority, which shall distribute them to State Parties\nto this Convention, on the basis of equitable sharing\ncriteria, taking into account the interests and needs of\ndeveloping States, particularly the least developed and the\nland-locked among them. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/25\n\nArticle 83\n\nArticle 84\n\nDelimitation of the continental shelf between States\nwith opposite or adjacent coasts\n\nCharts and lists of geographical coordinates\n\n1. The delimitation of the continental shelf between\nStates with opposite or adjacent coasts shall be effected\nby agreement on the basis of international law, as\nthe\nreferred \nInternational Court of Justice, in order to achieve an\nequitable solution. in Article 38 of \n\nthe Statute of \n\nto \n\nIf no agreement can be reached within a reasonable\n2. period of time, the States concerned shall resort to the\nprocedures provided for in Part XV. 3. Pending agreement as provided for in paragraph 1,\nthe States concerned, in a spirit of understanding and\ncooperation, shall make every effort to enter \ninto\nprovisional arrangements of a practical nature and,\nduring this transitional period, not to jeopardise or\nhamper the reaching of the final agreement. Such\narrangements shall be without prejudice to the final\ndelimitation. 1. Subject to this part, the outer limit lines of the\ncontinental shelf and the lines of delimitation drawn in\naccordance with Article 83 shall be shown on charts of a\nscale or scales adequate for ascertaining their position. Where appropriate, lists of geographical coordinates of\npoints, specifying the geodetic datum, may be substituted\nfor such outer limit lines or lines of delimitation. 2. The coastal State shall give due publicity to such\ncharts or lists of geographical coordinates and shall\ndeposit a copy of each such chart or list with the\nSecretary-General of the United Nations and, in the case\nof those showing the outer limit lines of the continental\nshelf, with the Secretary-General of the Authority. Article 85\n\nTunnelling\n\n4. Where there is an agreement in force between the\nStates concerned, questions relating to the delimitation of\nthe continental shelf shall be determined in accordance\nwith the provisions of that agreement. This part does not prejudice the right of the coastal State\nto exploit the subsoil by means of tunnelling, irrespective\nof the depth of water above the subsoil. PART VII\n\nHIGH SEAS\n\nSECTION 1\n\nGENERAL PROVISIONS\n\nArticle 86\n\nApplication of the provisions of this part\n\nThe provisions of this part apply to all parts of the sea\nthat are not included in the exclusive economic zone, in\nthe territorial sea or in the internal waters of a State, or\nin the archipelagic waters of an archipelagic State. This\nArticle does not entail any abridgement of the freedoms\nenjoyed by all States in the exclusive economic zone in\naccordance with Article 58. under the conditions laid down by this Convention and\nby other rules of international law. It comprises, inter\nalia, both for coastal and land-locked States:\n\n(a) freedom of navigation;\n\n(b) freedom of overflight;\n\n(c) freedom to lay submarine cables and pipelines, subject\n\nto Part VI;\n\n(d) freedom to construct artificial islands and other\nlaw,\n\ninternational \n\ninstallations permitted under \nsubject to Part VI;\n\nArticle 87\n\nFreedom of the high seas\n\n(e) freedom of fishing, subject to the conditions laid\n\ndown in Section 2;\n\n1. The high seas are open to all States, whether coastal\nor land-locked. Freedom of the high seas is exercised\n\n(f) freedom of scientific research, subject to Parts VI and\n\nXIII. L 179/26\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n2. These freedoms shall be exercised by all States with\ndue regard for the interests of other States in their\nexercise of the freedom of the high seas, and also with\ndue regard for the rights under this Convention with\nrespect to activities in the area. claim any of the nationalities in question with respect to\nany other State, and may be assimilated to a ship without\nnationality. Article 93\n\nArticle 88\n\nReservation of the high seas for peaceful purposes\n\nShips flying the flag of the United Nations, its\nspecialised agencies and the International Atomic Energy\nAgency\n\nThe high seas shall be reserved for peaceful purposes. Article 89\n\nInvalidity of claims of sovereignty over the high seas\n\nNo State may validly purport to subject any part of the\nhigh seas to its sovereignty. The preceding Articles do not prejudice the question of\nships employed on the official service of the United\nNations, its specalised agencies or the International\nAtomic Energy Agency, \nthe\norganisation. flag of \n\nflying \n\nthe \n\nArticle 94\n\nDuties of the flag State\n\nArticle 90\n\nRight of navigation\n\n1. Every State shall effectively exercise its jurisdiction\nand control \nin administrative, technical and social\nmatters over ships flying its flag. Every State, whether coastal or land-locked, has the right\nto sail ships flying its flag on the high seas. 2. In particular every State shall:\n\nArticle 91\n\nNationality of ships\n\n1. Every State shall fix the conditions for the grant of its\nnationality to ships, for the registration of ships in its\nterritory, and for the right to fly its flag. Ships have the\nnationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the\nship. (a) maintain a register of ships containing the names and\nparticulars of ships flying its flag, except those which\nare excluded from generally accepted international\nregulations on account of their small size; and\n\n(b) assume jurisdiction under its internal law over each\nship flying its flag and its master, officers and crew in\nrespect of administrative, technical and social matters\nconcerning the ship. 3. Every State shall take such measures for ships flying\nits flag as are necessary to ensure safety at sea with\nregard, inter alia, to:\n\n2. Every State shall issue to ships to which it has granted\nthe right to fly its flag documents to that effect. (a) the construction, equipment and seaworthiness of\n\nships;\n\nArticle 92\n\nStatus of ships\n\n(b) the manning of ships, labour conditions and the\ntraining of crews, taking into account the applicable\ninternational instruments;\n\n(c) the \n\nuse \n\nthe maintenance \ncommunications and the prevention of collisions. signals, \n\nof \n\nof\n\n1. Ships shall sail under the flag of one State only and,\nsave in exceptional cases expressly provided for in\ninternational treaties or in this Convention, shall be\nsubject to its exclusive jurisdiction on the high seas. A\nship may not change its flag during a voyage or while in\na port of call, save in the case of a real transfer of\nownership or change of registry. 2. A ship which sails under the flags of two or more\nStates, using them according to convenience, may not\n\n4. Such measures shall \nensure:\n\ninclude those necessary to\n\n(a) that each ship, before registration and thereafter at\nappropriate intervals, is surveyed by a qualified\nsurveyor of ships, and has on board such charts,\nnautical publications and navigational equipment and\ninstruments as are appropriate for the safe navigation\nof the ship;\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/27\n\n(b) that each ship is in the charge of a master and officers\nwho possess appropriate qualifications, in particular\nin seamanship, navigation, communications and\nmarine engineering, and that the crew is appropriate\nin qualification and numbers for the type, size,\nmachinery and equipment of the ship;\n\n(c) that \n\nto \n\nthe master, officers and, \n\nthe extent\nappropriate, the crew are fully conversant with and\nrequired to observe the applicable \ninternational\nregulations concerning the safety of life at sea, the\nprevention of collisions, the prevention, reduction and\ncontrol of marine pollution, and the maintenance of\ncommunications by radio. 5. In taking the measures called for in paragraphs 3 and\n4 each State is required to conform to generally accepted\ninternational regulations, procedures and practices and to\ntake any steps which may be necessary to secure their\nobservance. 6. A State which has clear grounds to believe that\nproper jurisdiction and control with respect to a ship\nhave not been exercised may report the facts to the flag\nState. On receiving such a report, the flag State shall\ninvestigate the matter and, if appropriate, take any action\nnecessary to remedy the situation. 7. Each State shall cause an inquiry to be held by or\nbefore a suitably qualified person or persons into every\nmarine casualty or incident of navigation on the high seas\ninvolving a ship flying its flag and causing loss of life or\nserious injury to nationals of another State or serious\ndamage to ships or installations of another State or to the\nmarine environment. The flag State and the other State\nshall cooperate in the conduct of any inquiry held by that\nother State into any such marine casualty or incident of\nnavigation. Article 95\n\nImmunity of warships on the high seas\n\nWarships on the high seas have complete immunity from\nthe jurisdiction of any State other than the flag State. Article 96\n\nImmunity of ships used only on government\nnon-commercial service\n\nArticle 97\n\nPenal jurisdiction in matters of collision or any other\nincident of navigation\n\n1. In the event of a collision or any other incident of\nnavigation concerning a ship on the high seas, involving\nthe penal or disciplinary responsibility of the master or of\nany other person in the service of the ship, no penal or\ndisciplinary proceedings may be instituted against such\nperson except before the \njudicial or administrative\nauthorities either of the flag State or of the State of which\nsuch person is a national. 2. In disciplinary matters, the State which has issued a\nmaster\u2019s certificate or a certificate of competence or\nlicence shall alone be competent, after due legal process,\nto pronounce the withdrawal of such certificates, even if\nthe holder is not a national of the State which issued\nthem. 3. No arrest or detention of the ship, even as a measure\nof investigation, shall be ordered by any authorities other\nthan those of the flag State. Article 98\n\nDuty to render assistance\n\n1. Every State shall require the master of a ship flying its\nflag, in so far as he can do so without serious danger to\nthe ship, the crew or the passengers:\n\n(a) to render assistance to any person found at sea in\n\ndanger of being lost;\n\n(b) to proceed with all possible speed to the rescue of\npersons in distress, if informed of their need of\nassistance, in so far as such action may reasonably be\nexpected of him;\n\n(c) after a collision, to render assistance to the other ship,\nits crew and its passengers and, where possible, to\ninform the other ship of the name of his own ship, its\nport of registry and the nearest port at which it will\ncall. 2. Every coastal State shall promote the establishment,\noperation and maintenance of an adequate and effective\nsearch and rescue service regarding safety on and over the\nsea and, where circumstances so require, by way of\nmutual \ncooperate with\narrangements \nneighbouring States for this purpose. regional \n\nArticle 99\n\nProhibition of the transport of slaves\n\nShips owned or operated by a State and used only on\ngovernment non-commercial service shall, on the high\nseas, have complete immunity from the jurisdiction of\nany State other than the flag State. Every State shall take effective measures to prevent and\npunish the transport of slaves in ships authorised to fly\nits flag and to prevent the unlawful use of its flag for that\n\n\fL 179/28\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\npurpose. Any slave taking refuge on board any ship,\nwhatever its flag, shall ipso facto be free. it remains under the control of the persons guilty of that\nact. Article 100\n\nArticle 104\n\nDuty to cooperate in the repression of piracy\n\nRetention or loss of the nationality of a pirate ship or\naircraft\n\nAll States shall cooperate to the fullest possible extent in\nthe repression of piracy on the high seas or in any other\nplace outside the jurisdiction of any State. A ship or aircraft may retain its nationality although it\nhas become a pirate ship or aircraft. The retention or loss\nof nationality is determined by the law of the State from\nwhich such nationality was derived. Article 101\n\nDefinition of piracy\n\nPiracy consists of any of the following acts:\n\n(a) any illegal acts of violence or detention, or any act of\ndepredation, committed for private ends by the crew\nor the passengers of a private ship or a private\naircraft, and directed:\n\n(i) on the high seas, against another ship or aircraft,\nor against persons or property on board such ship\nor aircraft;\n\n(ii) against a ship, aircraft, persons or property in a\n\nplace outside the jurisdiction of any State;\n\n(b) any act of voluntary participation in the operation of\na ship or of an aircraft with knowledge of facts\nmaking it a pirate ship or aircraft;\n\n(c) any act of inciting or of intentionally facilitating an\n\nact described in subparagraph (a) or (b). Article 105\n\nSeizure of a pirate ship or aircraft\n\nOn the high seas, or in any other place outside the\njurisdiction of any State, every State may seize a pirate\nship or aircraft, or a ship or aircraft taken by piracy and\nunder the control of pirates, and arrest the persons and\nseize the property on board. The courts of the State\nwhich carried out the seizure may decide on the penalties\nto be imposed, and may also determine the action to be\ntaken with regard to the ships, aircraft or property,\nsubject to the rights of third parties acting in good\nfaith. Article 106\n\nLiability for seizure without adequate grounds\n\nWhere the seizure of a ship or aircraft on suspicion of\npiracy has been effected without adequate grounds, the\nState making the seizure shall be liable to the State the\nnationality of which is possessed by the ship or aircraft\nfor any loss or damage caused by the seizure. Article 102\n\nPiracy by a warship, government ship or government\naircraft whose crew has mutinied\n\nArticle 107\n\nThe acts of piracy, as defined in Article 101, committed\nby a warship, government ship or government aircraft\nwhose crew has mutinied and taken control of the ship\nor aircraft are assimilated to acts committed by a private\nship or aircraft. Ships and aircraft which are entitled to seize on account\nof piracy\n\nA seizure on account of piracy may be carried out only\nby warships or military aircraft, or other ships or aircraft\nclearly marked and identifiable as being on government\nservice and authorised to that effect. Article 103\n\nDefinition of a pirate ship or aircraft\n\nArticle 108\n\nIllicit traffic in narcotic drugs or psychotropic\nsubstances\n\nA ship or aircraft is considered a pirate ship or aircraft if\nit is intended by the persons in dominant control to be\nused for the purpose of committing one of the acts\nreferred to in Article 101. The same applies if the ship or\naircraft has been used to commit any such act, so long as\n\n1. All States shall cooperate in the suppression of illicit\ntraffic in narcotic drugs and psychotropic substances\nengaged in by ships on the high seas contrary to\ninternational conventions. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/29\n\n2. Any State which has reasonable grounds for believing\nthat a ship flying its flag is engaged in illicit traffic in\nnarcotic drugs or psychotropic substances may request\nthe cooperation of other States to suppress such traffic. (d) the ship is without nationality; or\n\n(e) though flying a foreign flag or refusing to show its\nflag, the ship is, in reality, of the same nationality as\nthe warship. Article 109\n\nUnauthorised broadcasting from the high seas\n\n1. All States shall cooperate in the suppression of\nunauthorised broadcasting from the high seas. 2. For the purposes of this Convention, \u2018unauthorised\nbroadcasting\u2019 means the transmission of sound radio or\ntelevision broadcasts from a ship or installation on the\nhigh seas intended for reception by the general public\ncontrary to international regulations, but excluding the\ntransmission of distress calls. 2. In the cases provided for in paragraph 1, the warship\nmay proceed to verify the ship\u2019s right to fly its flag. To\nthis end, it may send a boat under the command of an\nofficer to the suspected ship. If suspicion remains after\nthe documents have been checked, it may proceed to a\nfurther examination on board the ship, which must be\ncarried out with all possible consideration. 3. If the suspicions prove to be unfounded, and\nprovided that the ship boarded has not committed any\nact justifying them, it shall be compensated for any loss\nor damage that may have been sustained. 3. Any person engaged in unauthorised broadcasting\nmay be prosecuted before the court of:\n\n4. These provisions apply mutatis mutandis to military\naircraft. (a) the flag State of the ship;\n\n(b) the State of registry of the installation;\n\n(c) the State of which the person is a national;\n\n(d) any State where the transmissions can be received;\n\nor\n\n(e) any State where authorised radio communication is\n\nsuffering interference. 4. On the high seas, a State having jurisdiction in\naccordance with paragraph 3 may, in conformity with\nArticle 110, arrest any person or ship engaged in\nunauthorized broadcasting and seize the broadcasting\napparatus. Article 110\n\nRight of visit\n\n1. Except where acts of interference derive from powers\nconferred by treaty, a warship which encounters on the\nhigh seas a foreign ship, other than a ship entitled to\ncomplete immunity in accordance with Articles 95 and\nis\n96, \nreasonable ground for suspecting that:\n\nit unless there \n\nin boarding \n\njustified \n\nis not \n\n(a) the ship is engaged in piracy;\n\n(b) the ship is engaged in the slave trade;\n\n(c) the ship is engaged in unauthorised broadcasting and\nthe flag State of the warship has jurisdiction under\nArticle 109;\n\n5. These provisions also apply to any other duly\nships or aircraft clearly marked and\nauthorised \nidentifiable as being on government service. Article 111\n\nRight of hot pursuit\n\n1. The hot pursuit of a foreign ship may be undertaken\nwhen the competent authorities of the coastal State have\ngood reason to believe that the ship has violated the laws\nand regulations of that State. Such pursuit must be\ncommenced when the foreign ship or one of its boats is\nwithin the internal waters, the archipelagic waters, the\nterritorial sea or the contiguous zone of the pursuing\nState, and may only be continued outside the territorial\nsea or the contiguous zone if the pursuit has not been\ninterrupted. It is not necessary that, at the time when the\nforeign ship within the territorial sea or the contiguous\nzone receives the order to stop, the ship giving the order\nshould likewise be within the territorial sea or the\nis within a\ncontiguous zone. If the foreign ship \ncontiguous zone, as defined in Article 33, the pursuit may\nonly be undertaken if there has been a violation of the\nrights for the protection of which the zone was\nestablished. shelf, \n\n2. The right of hot pursuit shall apply mutatis mutandis\nto violations in the exclusive economic zone or on the\nzones around\ncontinental \ncontinental shelf installations, of the laws and regulations\nof the coastal State applicable in accordance with this\nConvention to the exclusive economic zone or the\ncontinental shelf, including such safety zones. including \n\nsafety \n\n\fL 179/30\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n3. The right of hot pursuit ceases as soon as the ship\npursued enters the territorial sea of its own State or of a\nthird State. Article 112\n\nRight to lay submarine cables and pipelines\n\n4. Hot pursuit is not deemed to have begun unless the\npursuing ship has satisfied itself by such practicable\nmeans as may be available that the ship pursued or one\nof its boats or other craft working as a team and using\nthe ship pursued as a mother ship is within the limits of\nthe territorial sea, or, as the case may be, within the\ncontiguous zone or the exclusive economic zone or above\nthe continental shelf. The pursuit may only be\ncommenced after a visual or auditory signal to stop has\nbeen given at a distance which enables it to be seen or\nheard by the foreign ship. 5. The right of hot pursuit may be exercised only by\nwarships or military aircraft, or other ships or aircraft\nclearly marked and identifiable as being on government\nservice and authorised to that effect. 6. Where hot pursuit is effected by an aircraft:\n\n(a) the provisions of paragraphs 1 to 4 shall apply\n\nmutatis mutandis;\n\n(b) the aircraft giving the order to stop must itself\nactively pursue the ship until a ship or another\naircraft of the coastal State, summoned by the\naircraft, arrives to take over the pursuit, unless the\naircraft is itself able to arrest the ship. It does not\nsuffice to justify an arrest outside the territorial sea\nthat the ship was merely sighted by the aircraft as an\noffender or suspected offender, if it was not both\nordered to stop and pursued by the aircraft itself or\nother aircraft or ships which continue the pursuit\nwithout interruption. 7. The release of a ship arrested within the jurisdiction\nof a State and escorted to a port of that State for the\npurposes of an inquiry before the competent authorities\nmay not be claimed solely on the ground that the ship, in\nthe course of its voyage, was escorted across a portion of\nthe exclusive economic zone or the high seas, if the\ncircumstances rendered this necessary. 1. All States are entitled to lay submarine cables and\npipelines on the bed of the high seas beyond the\ncontinental shelf. 2. Article 79(5) applies to such cables and pipelines. Article 113\n\nBreaking or injury of a submarine cable or pipeline\n\nEvery State shall adopt the laws and regulations necessary\nto provide that the breaking or injury by a ship flying its\nflag or by a person subject to its jurisdiction of a\nsubmarine cable beneath the high seas done wilfully or\nthrough culpable negligence, in such a manner as to be\nliable to interrupt or obstruct telegraphic or telephonic\ncommunications, and similarly the breaking or injury of a\nsubmarine pipeline or high-voltage power cable, shall be\na punishable offence. This provision shall apply also to\nconduct calculated or likely to result in such breaking or\ninjury. However, it shall not apply to any break or injury\ncaused by persons who acted merely with the legitimate\nobject of saving their lives or their ships, after having\ntaken all necessary precautions to avoid such break or\ninjury. Article 114\n\nBreaking or injury by owners of a submarine cable or\npipeline of another submarine cable or pipeline\n\nEvery State shall adopt the laws and regulations necessary\nto provide that, if persons subject to its jurisdiction who\nare the owners of a submarine cable or pipeline beneath\nthe high seas, in laying or repairing that cable or pipeline,\ncause a break in or injury to another cable or pipeline,\nthey shall bear the cost of the repairs. Article 115\n\nIndemnity for loss incurred in avoiding injury to a\nsubmarine cable or pipeline\n\n8. Where a ship has been stopped or arrested outside the\nterritorial sea in circumstances which do not justify the\nexercise of the right of hot pursuit, \nit shall be\ncompensated for any loss or damage that may have been\nthereby sustained. Every State shall adopt the laws and regulations necessary\nto ensure that the owners of ships who can prove that\nthey have sacrificed an anchor, a net or any other fishing\ngear, in order to avoid injuring a submarine cable or\npipeline, shall be indemnified by the owner of the cable\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/31\n\nor pipeline, provided that the owner of the ship has taken\nall reasonable precautionary measures beforehand. cooperate to establish subregional or regional fisheries\norganisations to this end. SECTION 2\n\nConservation of the living resources of the high seas\n\nArticle 119\n\nCONSERVATION AND MANAGEMENT OF THE LIVING\nRESOURCES OF THE HIGH SEAS\n\n1. In determining the allowable catch and establishing\nother conservation measures for the living resources in\nthe high seas, States shall:\n\nArticle 116\n\nRight to fish on the high seas\n\nAll States have the right for their nationals to engage in\nfishing on the high seas subject to:\n\n(a) their Treaty obligations;\n\n(b) the rights and duties as well as the interests of coastal\nStates provided for, inter alia, in Article 63(2) and\nArticles 64 to 67; and\n\n(c) the provisions of this section. Article 117\n\nDuty of States to adopt with respect to their nationals\nmeasures for the conservation of the living resources of\nthe high seas\n\nAll States have the duty to take, or to cooperate with\nother States in taking, such measures for their respective\nnationals as may be necessary for the conservation of the\nliving resources of the high seas. (a) take measures which are designed, on the best\nscientific evidence available to the States concerned,\nto maintain or restore populations of harvested\nspecies at levels which can produce the maximum\nsustainable \nrelevant\nenvironmental and economic factors, including the\nspecial requirements of developing States, and taking\ninto account fishing patterns, the interdependence of\nstocks and any generally recommended international\nminimum standards, whether subregional, regional or\nglobal;\n\nqualified \n\nyield, \n\nby \n\nas \n\n(b) take \n\ninto consideration \n\nthe effects on species\nassociated with or dependent on harvested species\nwith a view to maintaining or restoring populations\nof such associated or dependent species above levels\nat which their reproduction may become seriously\nthreatened. statistics, and other data \n\n2. Available scientific information, catch and fishing\nthe\neffort \nconservation of fish stocks shall be contributed and\nexchanged on a regular basis \nthrough competent\ninternational organisations, whether subregional, regional\nor global, where appropriate and with participation by all\nStates concerned. relevant \n\nto \n\nArticle 118\n\nCooperation of States in the conservation and\nmanagement of living resources\n\n3. States concerned shall ensure \nthat conservation\nmeasures and their implementation do not discriminate in\nform or in fact against the fishermen of any State. States shall cooperate with each other in the conservation\nand management of living resources in the areas of the\nhigh seas. States whose nationals exploit identical living\nresources, or different living resources in the same area,\nshall enter into negotiations with a view to taking the\nmeasures necessary for the conservation of the living\nshall, as appropriate,\nresources \n\nconcerned. They \n\nArticle 120\n\nMarine mammals\n\nArticle 65 also applies \nmanagement of marine mammals in the high seas. the conservation and\n\nto \n\nPART VIII\n\nREGIME OF ISLANDS\n\nArticle 121\n\nRegime of islands\n\n1. An island is a naturally formed area of land, surrounded by water, which is above water at\nhigh tide. L 179/32\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive\neconomic zone and the continental shelf of an island are determined in accordance with the\nprovisions of this Convention applicable to other land territory. 3. Rocks which cannot sustain human habitation or economic life of their own shall have no\nexclusive economic zone or continental shelf. PART IX\n\nENCLOSED OR SEMI-ENCLOSED SEAS\n\nArticle 122\n\nDefinition\n\nFor the purposes of this Convention, \u2018enclosed or semi-enclosed sea\u2019 means a gulf, basin or sea\nsurrounded by two or more States and connected to another sea or the ocean by a narrow\noutlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of\ntwo or more coastal States. Article 123\n\nCooperation of States bordering enclosed or semi-enclosed seas\n\nStates bordering an enclosed or semi-enclosed sea should cooperate with each other in the\nexercise of their rights and in the performance of their duties under this Convention. To this\nend they shall endeavour, directly or through an appropriate regional organisation:\n\n(a) to coordinate the management, conservation, exploration and exploitation of the living\n\nresources of the sea;\n\n(b) to coordinate the implementation of their rights and duties with respect to the protection\n\nand preservation of the marine environment;\n\n(c) to coordinate their scientific research policies and undertake where appropriate joint\n\nprogrammes of scientific research in the area;\n\n(d) to invite, as appropriate, other interested States or international organisations to cooperate\n\nwith them in furtherance of the provisions of this Article. RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND\nFREEDOM OF TRANSIT\n\nPART X\n\nArticle 124\n\nUse of terms\n\n(b) \u2018transit State\u2019 means a State, with or without a\nsea-coast, situated between a land-locked State and\nthe sea, through whose territory traffic in transit\npasses;\n\n1. For the purposes of this Convention:\n\n(a) \u2018land-locked State\u2019 means a State which has no\n\nsea-coast;\n\n(c) \u2018traffic in transit\u2019 means transit of persons, baggage,\ngoods and means of transport across the territory of\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/33\n\nterritory, with or without \n\none or more transit States, when the passage across\nsuch \ntrans-shipment,\nwarehousing, breaking bulk or change in the mode of\ntransport, is only a portion of a complete journey\nwhich begins or terminates within the territory of the\nland-locked State;\n\n(d) \u2018means of transport\u2019 means:\n\n(i) railway rolling stock, sea, lake and river craft and\n\nroad vehicles;\n\n(ii) where local conditions so require, porters and\n\npack animals. Article 127\n\nCustoms duties, taxes and other charges\n\n1. Traffic in transit shall not be subject to any customs\nduties, taxes or other charges except charges levied for\nspecific services rendered \nin connection with such\ntraffic. 2. Means of transport in transit and other facilities\nprovided for and used by land-locked States shall not be\nsubject to taxes or charges higher than those levied for\nthe use of means of transport of the transit State. 2. Land-locked States and \ntransit States may, by\nagreement between them, include as means of transport\npipelines and gas lines and means of transport other than\nthose included in paragraph 1. Article 128\n\nFree zones and other customs facilities\n\nArticle 125\n\nRight of access to and from the sea and freedom of\ntransit\n\n1. Land-locked States shall have the right of access to\nand from the sea for the purpose of exercising the rights\nprovided for in this Convention including those relating\nto the freedom of the high seas and the common heritage\nof mankind. To this end, land-locked States shall enjoy\nfreedom of transit through the territory of transit States\nby all means of transport. 2. The terms and modalities for exercising freedom of\ntransit shall be agreed between the land-locked States and\ntransit States concerned through bilateral, subregional or\nregional agreements. 3. Transit States, in the exercise of their full sovereignty\nover their territory, shall have the right to take all\nmeasures necessary to ensure that the rights and facilities\nprovided for in this part for land-locked States shall in no\nway infringe their legitimate interests. Article 126\n\nExclusion of application of the most-favoured-nation\nclause\n\nThe provisions of this Convention, as well as special\nagreements relating to the exercise of the right of access\nto and from the sea, establishing rights and facilities on\naccount of \nspecial geographical position of\nland-locked States, are excluded from the application of\nthe most-favoured-nation clause. the \n\nFor the convenience of traffic in transit, free zones or\nother customs facilities may be provided at the ports of\nentry and exit in the transit States, by agreement between\nthose States and the land-locked States. Article 129\n\nCooperation in the construction and improvement of\nmeans of transport\n\nWhere there are no means of transport in transit States to\ngive effect to the freedom of transit or where the existing\nmeans, including the port installations and equipment,\nare inadequate in any respect, the transit States and\nland-locked \nin\nconstructing or improving them. concerned may \n\ncooperate \n\nStates \n\nArticle 130\n\nMeasures to avoid or eliminate delays or other\ndifficulties of a technical nature in traffic in transit\n\n1. Transit States shall take all appropriate measures to\navoid delays or other difficulties of a technical nature in\ntraffic in transit. such delays or difficulties occur, \nthe \n\nthe\n2. Should \ncompetent authorities of \ntransit States and\nland-locked States concerned shall cooperate towards\ntheir expeditious elimination. Article 131\n\nEqual treatment in maritime ports\n\nShips flying the flag of land-locked States shall enjoy\ntreatment equal to that accorded to other foreign ships in\nmaritime ports. L 179/34\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 132\n\nGrant of greater transit facilities\n\nThis Convention does not entail \nin any way the\nwithdrawal of transit facilities which are greater than\n\nthose provided for in this Convention and which are\nagreed between States Parties to this Convention or\ngranted by a State Party. This Convention also does not\npreclude such grant of greater facilities in the future. PART XI\n\nTHE AREA\n\nSECTION 1\n\nSECTION 2\n\nGENERAL PROVISIONS\n\nPRINCIPLES GOVERNING THE AREA\n\nArticle 133\n\nUse of terms\n\nArticle 136\n\nCommon heritage of mankind\n\nFor the purposes of this part:\n\n(a) \u2018resources\u2019 means all solid, liquid or gaseous mineral\nresources in situ in the area at or beneath the sea-bed,\nincluding polymetallic nodules;\n\n(b) resources, when recovered from the area, are referred\n\nto as \u2018minerals\u2019. Article 134\n\nScope of this part\n\n1. This part applies to the area. 2. Activities in the area shall be governed by the\nprovisions of this part. 3. The requirements concerning deposit of, and publicity\nto be given to, the charts or lists of geographical\ncoordinates showing the limits referred to in Article 1,\nparagraph 1 (1), are set forth in part VI. 4. Nothing in this Article affects the establishment of the\nouter limits of the continental shelf in accordance with\npart VI or the validity of agreements relating to\ndelimitation between States with opposite or adjacent\ncoasts. The area and its resources are the common heritage of\nmankind. Article 137\n\nLegal status of the area and its resources\n\n1. No State shall claim or exercise sovereignty or\nsovereign rights over any part of the area or its resources,\nnor shall any State or natural or juridical person\nappropriate any part thereof. No such claim or exercise\nof sovereignty or sovereign rights nor such appropriation\nshall be recognised. 2. All rights in the resources of the area are vested in\nmankind as a whole, on whose behalf the Authority shall\nact. These resources are not subject to alienation. The\nminerals recovered from the area, however, may only be\nalienated in accordance with this part and the rules,\nregulations and procedures of the Authority. 3. No State or natural or juridical person shall claim,\nacquire or exercise rights with respect to the minerals\nrecovered from the area except in accordance with this\npart. Otherwise, no such claim, acquisition or exercise of\nsuch rights shall be recognised. Article 135\n\nLegal status of the superjacent waters and air space\n\nArticle 138\n\nNeither this part nor any rights granted or exercised\npursuant thereto shall affect the legal status of the waters\nsuperjacent to the area or that of the air space above\nthose waters. General conduct of States in relation to the area\n\nThe general conduct of States in relation to the area shall\nbe in accordance with the provisions of this part, the\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/35\n\nprinciples embodied in the Charter of the United Nations\nand other rules of international law in the interests of\nmaintaining peace \nand promoting\ninternational cooperation and mutual understanding. security \n\nand \n\nmechanism, on a non-discriminatory basis, in accordance\nwith Article 160(2)(f)(i). Article 139\n\nUse of the area exclusively for peaceful purposes\n\nArticle 141\n\nResponsibility to ensure compliance and liability for\ndamage\n\n1. States Parties shall have the responsibility to ensure\nthat activities in the area, whether carried out by States\nParties, or State enterprises or natural or juridical persons\nwhich possess the nationality of States Parties or are\neffectively controlled by them or their nationals, shall be\ncarried out in conformity with this part. The same\nresponsibility applies to international organisations for\nactivities in the area carried out by such organisations. 2. Without prejudice to the rules of international law\nand Annex III, Article 22, damage caused by the failure\nof a State Party or international organisation to carry out\nits responsibilities under this part shall entail liability;\nStates Parties or \ninternational organisations acting\ntogether shall bear joint and several liability. A State\nParty shall not however be liable for damage caused by\nany failure to comply with this part by a person whom it\nhas sponsored under Article 153(2)(b), if the State Party\nhas taken all necessary and appropriate measures to\nsecure effective compliance under Article 153(4), and\nAnnex III, Article 4(4). 3. States Parties that are members of international\norganisations shall take appropriate measures to ensure\nthe implementation of this Article with respect to such\norganisations. Article 140\n\nBenefit of mankind\n\n1. Activities in the area shall, as specifically provided for\nin this part, be carried out for the benefit of mankind as\na whole, irrespective of the geographical location of\nStates, whether coastal or land-locked, and taking into\nparticular consideration the \ninterests and needs of\ndeveloping States and of peoples who have not attained\nstatus\nfull \nrecognised by the United Nations in accordance with\nGeneral Assembly Resolution 1514 (XV) and other\nrelevant General Assembly Resolutions. independence or other \n\nself-governing \n\n2. The Authority shall provide for the equitable sharing\nof financial and other economic benefits derived from\nthrough any appropriate\nactivities \n\nthe area \n\nin \n\nThe area shall be open to use exclusively for peaceful\npurposes by all States, whether coastal or land-locked,\nwithout discrimination and without prejudice to the\nother provisions of this part. Article 142\n\nRights and legitimate interests of coastal States\n\nin the area, with respect to resource\n1. Activities \ndeposits in the area which lie across limits of national\njurisdiction, shall be conducted with due regard to the\nrights and legitimate interests of any coastal State across\nwhose jurisdiction such deposits lie. a \n\nincluding \n\nsystem of prior\n2. Consultations, \nnotification, \nthe State\nshall be maintained with \nconcerned, with a view to avoiding infringement of such\nrights and interests. In cases where activities in the area\nmay result in the exploitation of resources lying within\nnational jurisdiction, the prior consent of the coastal\nState concerned shall be required. such measures consistent with \n\n3. Neither this part nor any rights granted or exercised\npursuant thereto shall affect the rights of coastal States to\ntake \nrelevant\nprovisions of Part XII as may be necessary to prevent,\nmitigate or eliminate grave and imminent danger to their\ncoastline, or related interests from pollution or threat\nthereof or from other hazardous occurrences resulting\nfrom or caused by any activities in the area. the \n\nArticle 143\n\nMarine scientific research\n\n1. Marine scientific research in the area shall be carried\nout exclusively for peaceful purposes and for the benefit\nof mankind as a whole, in accordance with part XIII. 2. The Authority may carry out marine scientific\nresearch concerning the area and its resources, and may\nenter into contracts for that purpose. The Authority shall\npromote and encourage the conduct of marine scientific\nshall coordinate and\nresearch \n\nthe area, and \n\nin \n\n\fL 179/36\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\ndisseminate the results of such research and analysis\nwhen available. 3. States Parties may carry out marine scientific research\nin the area. States Parties shall promote international\ncooperation in marine scientific research in the area by:\n\n(a) participating \n\nin \n\ninternational programmes and\nencouraging cooperation in marine scientific research\nby personnel of different countries and of the\nAuthority;\n\n(b) ensuring that programmes are developed through the\nAuthority or other international organisations as\nappropriate for the benefit of developing States and\ntechnologically less developed States with a view to:\n\n(i) \n\nstrengthening their research capabilities;\n\n(ii) training their personnel and the personnel of the\nAuthority in the techniques and applications of\nresearch;\n\n(iii) fostering the employment of their qualified\n\npersonnel in research in the area;\n\n(c) effectively disseminating the results of research and\nanalysis when available, through the Authority or\nother international channels when appropriate. Article 144\n\nTransfer of technology\n\n1. The Authority shall take measures in accordance with\nthis Convention:\n\n(a) to acquire \n\ntechnology and scientific knowledge\n\nrelating to activities in the area; and\n\n(b) to promote and encourage the transfer to developing\nStates of such technology and scientific knowledge so\nthat all States Parties benefit therefrom. 2. To this end the Authority and States Parties shall\ncooperate in promoting the transfer of technology and\nscientific knowledge relating to activities in the area so\nthat the enterprise and all States Parties may benefit\ntherefrom. In particular they shall initiate and promote:\n\n(a) programmes for the transfer of technology to the\nenterprise and to developing States with regard to\nactivities in the area, including, inter alia, facilitating\nthe access of the enterprise and of developing States\nto the relevant technology, under fair and reasonable\nterms and conditions;\n\n(b) measures directed towards the advancement of the\nthe domestic\n\nthe enterprise and \n\ntechnology of \n\ntechnology of developing States, particularly by\nproviding opportunities \nthe\nenterprise and from developing States for training in\nmarine science and technology and for their full\nparticipation in activities in the area. to personnel \n\nfrom \n\nArticle 145\n\nProtection of the marine environment\n\nNecessary measures shall be taken in accordance with\nthis Convention with respect to activities in the area to\nensure effective protection for the marine environment\nfrom harmful effects which may arise from such\nactivities. To \nthe Authority shall adopt\nappropriate rules, regulations and procedures for inter\nalia:\n\nthis end \n\n(a) the prevention, reduction and control of pollution\nand other hazards to the marine environment,\nincluding the coastline, and of interference with the\nthe marine environment,\necological balance of \nparticular attention being paid to the need for\nprotection from harmful effects of such activities as\ndrilling, dredging, excavation, disposal of waste,\nconstruction and operation or maintenance of\ninstallations, pipelines and other devices related to\nsuch activities;\n\n(b) the protection and conservation of the natural\nresources of the area and the prevention of damage to\nthe flora and fauna of the marine environment. Article 146\n\nProtection of human life\n\nWith respect to activities in the area, necessary measures\nshall be taken to ensure effective protection of human\nlife. To this end the Authority shall adopt appropriate\nrules, regulations and procedures to supplement existing\ninternational law as embodied in relevant treaties. Article 147\n\nAccommodation of activities in the area and in the\nmarine environment\n\n1. Activities in the area shall be carried out with\nreasonable regard for other activities in the marine\nenvironment. Installations used for carrying out activities in the\n\n2. area shall be subject to the following conditions:\n\n(a) such installations shall be erected, emplaced and\nremoved solely in accordance with this part and\nsubject to the rules, regulations and procedures of the\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/37\n\nAuthority. Due notice must be given of the erection,\nemplacement and removal of such installations, and\npermanent means for giving warning of their presence\nmust be maintained;\n\n(b) such installations may not be established where\ninterference may be caused to the use of recognised\nsea lanes essential to international navigation or in\nareas of intense fishing activity;\n\n(c) safety zones shall be established around such\ninstallations with appropriate markings to ensure the\nsafety of both navigation and the installations. The\nconfiguration and location of such safety zones shall\nnot be such as to form a belt impeding the lawful\naccess of shipping to particular maritime zones or\nnavigation along international sea lanes;\n\n(d) such \n\ninstallations shall be used exclusively for\n\npeaceful purposes;\n\n(e) such installations do not possess the status of islands. They have no territorial sea of their own, and their\npresence does not affect the delimitation of the\nterritorial sea, the exclusive economic zone or the\ncontinental shelf. 3. Other activities in the marine environment shall be\nconducted with reasonable regard for activities in the\narea. Article 148\n\nParticipation of developing States in activities in the\narea\n\nThe effective participation of developing States \nin\nactivities in the area shall be promoted as specifically\nprovided for in this part, having due regard to their\nspecial interests and needs, and in particular to the\nlandlocked and geographically\nspecial need of the \ndisadvantaged among them to overcome obstacles arising\nfrom their disadvantaged location, including remoteness\nfrom the area and difficulty of access to and from it. Article 149\n\nArchaeological and historical objects\n\nSECTION 3\n\nDEVELOPMENT OF RESOURCES OF THE AREA\n\nArticle 150\n\nPolicies relating to activities in the area\n\nActivities in the area shall, as specifically provided for in\nthis part, be carried out in such a manner as to foster\nhealthy development of the world economy and balanced\ngrowth of \nto promote\ninternational cooperation for the overall development of\nall countries, especially developing States, and with a\nview to ensuring:\n\ninternational \n\ntrade, and \n\n(a) the development of the resources of the area;\n\n(b) orderly, safe and rational management of \n\nthe\nresources of the area, including the efficient conduct\nof activities in the area and, in accordance with sound\nthe avoidance of\nprinciples of \nunnecessary waste;\n\nconservation, \n\n(c) the expansion of opportunities for participation in\nsuch activities consistent in particular with Articles\n144 and 148;\n\n(d) participation in revenues by the Authority and the\ntransfer of \nthe enterprise and\ndeveloping States as provided for in this Convention;\n\ntechnology \n\nto \n\n(e) increased availability of the minerals derived from the\narea as needed in conjunction with minerals derived\nfrom other sources, to ensure supplies to consumers\nof such minerals;\n\n(f) the promotion of just and stable prices remunerative\nto producers and fair to consumers for minerals\nderived both from the area and from other sources,\nand the promotion of long-term equilibrium between\nsupply and demand;\n\n(g) the enhancement of opportunities for all States\nParties, irrespective of their social and economic\nsystems or geographical location, to participate in the\ndevelopment of the resources of the area and the\nprevention of monopolisation of activities in the\narea;\n\nAll objects of an archaeological and historical nature\nfound in the area shall be preserved or disposed of for\nthe benefit of mankind as a whole, particular regard\nbeing paid to the preferential rights of the State or\ncountry of origin, or the State of cultural origin, or the\nState of historical and archaeological origin. (h) the protection of developing countries from adverse\neffects on their economies or on their export earnings\nresulting from a reduction in the price of an affected\nmineral, or in the volume of exports of that mineral,\nto the extent that such reduction is caused by\nactivities in the area, as provided in Article 151;\n\n\fL 179/38\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n(i) the development of the common heritage for the\n\nbenefit of mankind as a whole; and\n\n(j) conditions of access to markets for the imports of\nminerals produced from the resources of the area and\nfor imports of commodities produced from such\nminerals shall not be more favourable than the most\nfavourable applied to imports from other sources. Article 151\n\nProduction policies\n\nagreements \n\n1. (a) Without prejudice to the objectives set forth in\nArticle 150 and for the purpose of implementing\nsubparagraph (h) of that Article, the Authority,\nacting through existing forums or such new\nas may be\narrangements or \nappropriate, \ninterested parties,\nin which all \nconsumers,\nincluding both producers \nparticipate, shall take measures necessary to\npromote the growth, efficiency and stability of\nmarkets for those commodities produced from the\nthe area, at prices\nminerals derived \nremunerative to producers and fair to consumers. All States Parties shall cooperate to this end. from \n\nand \n\nand \n\nboth \n\n(b) The Authority shall have the right to participate in\nany commodity conference dealing with those\ncommodities and in which all interested parties\nincluding \nconsumers\nproducers \nparticipate. The Authority shall have the right to\nbecome a party to any arrangement or agreement\nresulting from such conferences. Participation of\nthe Authority in any organs established under\nthose arrangements or agreements shall be in\nrespect of production \nin\naccordance with the relevant rules of those\norgans. the area and \n\nin \n\n(c) The Authority shall carry out its obligations under\nthe arrangements or agreements referred to in this\nparagraph in a manner which assures a uniform\nand non-discriminatory implementation in respect\nof all production in the area of the minerals\nconcerned. In doing so, the Authority shall act in\na manner consistent with the terms of existing\ncontracts and approved plans of work of the\nenterprise. 2. (a) During the interim period specified in paragraph\n3, commercial production shall not be undertaken\npursuant to an approved plan of work until the\noperator has applied for and has been issued a\nproduction authorisation by the Authority. Such\nproduction authorisations may not be applied for\nor issued more than five years prior to the\nplanned commencement of commercial production\nunder the plan of work unless, having regard to\n\nthe nature and timing of project development, the\nrules, regulations and procedures of the Authority\nprescribe another period. (b) In \n\nfor \n\nthe \n\nthe \n\napplication \n\nproduction\nauthorisation, the operator shall specify the\nannual quantity of nickel expected to be recovered\nunder the approved plan of work. The application\nshall include a schedule of expenditures to be\nmade by the operator after he has received the\nauthorisation which are reasonably calculated to\nallow him to begin commercial production on the\ndate planned. (c) For the purposes of subparagraphs (a) and (b), the\nAuthority shall establish appropriate performance\nrequirements in accordance with Annex III, Article\n17. (d) The Authority \n\nshall \n\nissue \n\na production\nauthorisation for the level of production applied\nfor unless the sum of that level and the levels\nalready authorised exceeds the nickel production\nceiling, as calculated pursuant to paragraph 4 in\nthe year of issuance of the authorisation, during\nany year of planned production falling within the\ninterim period. (e) When issued, the production authorisation and\napproved application shall become a part of the\napproved plan of work. (f) If the operator\u2019s application for a production\nauthorisation is denied pursuant to subparagraph\n(d), the operator may apply again to the Authority\nat any time. 3. The interim period shall begin five years prior to 1\nJanuary of the year in which the earliest commercial\nproduction is planned to commence under an approved\nplan of work. If the earliest commercial production is\ndelayed beyond the year originally planned, the beginning\nof the interim period and the production ceiling originally\ncalculated shall be adjusted accordingly. The interim\nperiod shall last 25 years or until the end of the review\nConference referred to in Article 155 or until the day\nwhen such new arrangements or agreements as are\nreferred to in paragraph 1 enter into force, whichever is\nearliest. The Authority shall resume the power provided\nin this Article for the remainder of the interim period if\nthe said arrangements or agreements should lapse or\nbecome ineffective for any reason whatsoever. 4. (a) The production ceiling for any year of the interim\n\nperiod shall be the sum of:\n\n(i) the difference between the trend line values for\nnickel consumption, as calculated pursuant to\nsubparagraph (b), for the year immediately\nprior to the year of the earliest commercial\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/39\n\nproduction and the year immediately prior to\nthe commencement of the interim period; and\n\nobtain a supplementary production authorisation\nto cover additional production. (ii) 60 % of the difference between the trend line\nvalues for nickel consumption, as calculated\npursuant to subparagraph (b), for the year for\nwhich the production authorisation is being\napplied for and the year immediately prior to\ncommercial\nyear \nthe \nproduction. earliest \n\nthe \n\nof \n\n(b) For the purposes of subparagraph (a):\n\nthe year \n\n(i) trend line values used for computing the nickel\nproduction ceiling shall be those annual nickel\nconsumption values on a trend line computed\nin which a production\nduring \nauthorisation is issued. The trend line shall be\nderived \nthe\nlogarithms of actual nickel consumption for\nthe most recent 15-year period for which such\ndata are available, time being the independent\nvariable. This trend line shall be referred to as\nthe original trend line;\n\nlinear regression of \n\nfrom a \n\n(ii) if the annual rate of increase of the original\ntrend line is less than 3 %, then the trend line\nused to determine the quantities referred to in\nsubparagraph (a) shall instead be one passing\nthrough the original trend line at the value of\nthe first year of the relevant 15-year period,\nand increasing at 3 % annually; provided\nhowever \nceiling\nestablished for any year of the interim period\ndoes not in any case exceed the difference\nbetween the original trend line value for that\nyear and the original trend line value for the\nyear immediately prior to the commencement\nof the interim period. production \n\nthat \n\nthe \n\n5. The Authority shall reserve to the enterprise for its\ninitial production a quantity of 38 000 tonnes of nickel\nfrom the available production ceiling calculated pursuant\nto paragraph 4. 6. (a) An operator may in any year produce less than or\nup to 8 % more than the \nlevel of annual\nproduction of minerals from polymetallic nodules\nspecified in his production authorisation, provided\nthat the overall amount of production shall not\nexceed that specified in the authorisation. Any\nexcess over 8 % and up to 20 % in any year, or\nany excess in the first and subsequent years\nfollowing two consecutive years in which excesses\noccur, shall be negotiated with the Authority,\nto\nwhich may \n\noperator \n\nrequire \n\nthe \n\nshall be \n\nconsidered by \n\n(b) Applications for such supplementary production\nauthorisations \nthe\nAuthority only after all pending applications by\noperators who have not yet received production\nauthorisations have been acted on and due\naccount has been taken of other likely applicants. The Authority shall be guided by the principle of\nnot exceeding the total production allowed under\nthe production ceiling in any year of the interim\nperiod. It shall not authorise the production under\nany plan of work of a quantity in excess of\n46 500 tonnes of nickel per year. 7. The levels of production of other metals such as\ncopper, cobalt and manganese extracted from the\npolymetallic nodules that are recovered pursuant to a\nproduction authorisation should not be higher than those\nwhich would have been produced had the operator\nproduced the maximum level of nickel from those\nnodules pursuant to this Article. The Authority shall\nestablish rules, regulations and procedures pursuant to\nAnnex III, Article 17, to implement this paragraph. 8. Rights and obligations relating to unfair economic\npractices under relevant multilateral trade agreements\nshall apply to the exploration for and exploitation of\nminerals from the area. In the settlement of disputes\narising under this provision, States Parties which are\nparties to such multilateral trade agreements shall have\nrecourse to the dispute settlement procedures of such\nagreements. 9. The Authority shall have the power to limit the level\nof production of minerals from the area, other than\nminerals \nsuch\nconditions and applying such methods as may be\nappropriate by adopting regulations in accordance with\nArticle 161(8). from polymetallic nodules, under \n\n10. On the recommendation of the Council on the basis\nof advice from the Economic Planning Commission, the\nAssembly shall establish a system of compensation or\ntake other measures of economic adjustment assistance\nincluding cooperation with specialised agencies and other\ninternational organisations to assist developing countries\nwhich suffer serious adverse effects on their export\nearnings or economies resulting from a reduction in the\nprice of an affected mineral or in the volume of exports\nof that mineral, to the extent that such reduction is\ncaused by activities in the area. The Authority on request\nshall initiate studies on the problems of those States\nwhich are likely to be most seriously affected with a view\nto minimising their difficulties and assisting them in their\neconomic adjustment. L 179/40\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 152\n\nExercise of powers and functions by the Authority\n\n1. The Authority shall avoid discrimination in the\nexercise of its powers and functions, including the\ngranting of opportunities for activities in the area. 5. The Authority shall have the right to take at any time\nany measures provided for under this part to ensure\ncompliance with its provisions and the exercise of the\nfunctions of control and regulation assigned to \nit\nthereunder or under any contract. The Authority shall\nhave the right to inspect all installations in the area used\nin connection with activities in the area. 2. Nevertheless, special consideration for developing\nStates, \nthe\nincluding particular consideration \nland-locked and geographically disadvantaged among\nthem, specifically provided for in this part shall be\npermitted. for \n\n6. A contract under paragraph 3 shall provide for\nsecurity of tenure. Accordingly, the contract shall not be\nrevised, suspended or terminated except in accordance\nwith Annex III, Articles 18 and 19. Article 153\n\nSystem of exploration and exploitation\n\nArticle 154\n\nPeriodic review\n\n1. Activities in the area shall be organised, carried out\nand controlled by the Authority on behalf of mankind as\na whole in accordance with this Article as well as other\nrelevant provisions of this part and the relevant Annexes,\nand \nthe\nthe rules, regulations and procedures of \nAuthority. 2. Activities in the area shall be carried out as prescribed\nin paragraph 3:\n\n(a) by the enterprise, and\n\n(b) in association with the Authority by States Parties, or\nState enterprises or natural or juridical persons which\npossess the nationality of States Parties or are\neffectively controlled by them or their nationals, when\nsponsored by such States, or any group of the\nforegoing which meets the requirements provided in\nthis part and in Annex III. in the area shall be carried out \n\n3. Activities \nin\naccordance with a formal written plan of work drawn up\nin accordance with Annex III and approved by the\nCouncil after review by the Legal and Technical\nCommission. In the case of activities in the area carried\nout as authorised by the Authority by the entities\nspecified in paragraph 2(b), the plan of work shall, in\naccordance with Annex III, Article 3, be in the form of a\ncontract. Such \njoint\narrangements in accordance with Annex III, Article 11. contracts may provide \n\nfor \n\n4. The Authority shall exercise such control over\nactivities in the area as is necessary for the purpose of\nsecuring compliance with the relevant provisions of this\npart and the Annexes relating thereto, and the rules,\nregulations and procedures of the Authority, and the\nplans of work approved in accordance with paragraph 3. States Parties shall assist the Authority by taking all\nmeasures necessary \nin\naccordance with Article 139. to ensure such compliance \n\nreview of \n\nthe manner \n\nEvery five years from the entry into force of this\nConvention, the Assembly shall undertake a general and\nsystematic \nthe\ninternational regime of the area established in this\nConvention has operated in practice. In the light of this\nreview the Assembly may take, or recommend that other\norgans take, measures in accordance with the provisions\nand procedures of this part and the Annexes relating\nthereto which will lead to the improvement of the\noperation of the regime. in which \n\nArticle 155\n\nThe Review Conference\n\n1. Fifteen years from 1 January of the year in which the\nearliest commercial production commences under an\napproved plan of work, the Assembly shall convene a\nconference for the review of those provisions of this part\nand the relevant Annexes which govern the system of\nexploration and exploitation of the resources of the area. The Review Conference shall consider in detail, in the\nlight of the experience acquired during that period:\n\n(a) whether the provisions of this part which govern the\nsystem of exploration and exploitation of \nthe\nresources of the area have achieved their aims in all\nrespects, \nthey have benefited\nmankind as a whole;\n\nincluding whether \n\n(b) whether, during the 15-year period, reserved areas\nhave been exploited in an effective and balanced\nmanner in comparison with non-reserved areas;\n\n(c) whether the development and use of the area and its\nresources have been undertaken in such a manner as\nto foster healthy development of the world economy\nand balanced growth of international trade;\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/41\n\n(d) whether monopolisation of activities in the area has\n\nSECTION 4\n\nbeen prevented;\n\n(e) whether the policies set forth in Articles 150 and 151\n\nhave been fulfilled; and\n\n(f) whether the system has resulted in the equitable\nsharing of benefits derived from activities in the area,\ntaking into particular consideration the interests and\nneeds of the developing States. regime designed \n\n2. The Review Conference shall ensure the maintenance\nof the principle of the common heritage of mankind, the\ninternational \nto ensure equitable\nexploitation of the resources of the area for the benefit of\nall countries, especially the developing States, and an\nAuthority to organise, conduct and control activities in\nthe area. It shall also ensure the maintenance of the\nprinciples laid down in this part with regard to the\nexclusion of claims or exercise of sovereignty over any\npart of the area, the rights of States and their general\nconduct in relation to the area, and their participation in\nactivities in the area in conformity with this Convention,\nthe prevention of monopolisation of activities in the area,\nthe use of the area exclusively for peaceful purposes,\neconomic aspects of activities \nin the area, marine\nscientific research, transfer of technology, protection of\nthe marine environment, protection of human life, rights\nof coastal States, the legal status of the waters superjacent\nto the area and that of the air space above those waters\nand accommodation between activities in the area and\nother activities in the marine environment. 3. The decision-making procedure applicable at the\nReview Conference shall be the same as that applicable at\nthe Third United Nations Conference on the Law of the\nSea. The Conference shall make every effort to reach\nagreement on any amendments by way of consensus and\nthere should be no voting on such matters until all efforts\nat achieving consensus have been exhausted. 4. If, five years after its commencement, the Review\nConference has not reached agreement on the system of\nexploration and exploitation of the resources of the area,\nit may decide during the ensuing 12 months, by a\nthree-fourths majority of the States Parties, to adopt and\nsubmit to the States Parties for ratification or accession\nsuch amendments changing or modifying the system as it\ndetermines necessary and appropriate. Such amendments\nshall enter into force for all States Parties 12 months after\nthe deposit of instruments of ratification or accession by\nthree fourths of the States Parties. THE AUTHORITY\n\nS u b s e c t i o n A\n\nGeneral provisions\n\nArticle 156\n\nEstablishment of the Authority\n\n1. There is hereby established the International Sea-Bed\nAuthority, which shall function in accordance with this\npart. 2. All States Parties are ipso facto members of the\nAuthority. 3. Observers at the Third United Nations Conference on\nthe Law of the Sea who have signed the Final Act and\nwho are not referred to in Article 305(1)(c), (d), (e) or (f)\nshall have the right to participate in the Authority as\nobservers, in accordance with its rules, regulations and\nprocedures. 4. The seat of the Authority shall be in Jamaica. 5. The Authority may establish such regional centres or\noffices as it deems necessary for the exercise of its\nfunctions. Article 157\n\nNature and fundamental principles of the Authority\n\n1. The Authority is the organisation through which\nStates Parties shall, in accordance with this part, organise\nand control activities in the area, particularly with a view\nto administering the resources of the area. 2. The powers and functions of the Authority shall be\nthose expressly conferred on it by this Convention. The\nAuthority shall have such incidental powers, consistent\nwith this Convention, as are implicit in and necessary for\nthe exercise of those powers and functions with respect\nto activities in the area. 3. The Authority is based on the principle of the\nsovereign equality of all its members. 5. Amendments adopted by the Review Conference\npursuant to this Article shall not affect rights acquired\nunder existing contracts. 4. All members of the Authority shall fulfil in good faith\nthe obligations assumed by them in accordance with this\npart in order to ensure to all of them the rights and\nbenefits resulting from membership. L 179/42\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 158\n\nOrgans of the Authority\n\nshall be taken by a majority of the members present and\nvoting. 1. There are hereby established, as the principal organs\nof the Authority, an Assembly, a Council and a\nSecretariat. 2. There is hereby established the enterprise, the organ\nthrough which the Authority shall carry out the functions\nreferred to in Article 170(1). 3. Such subsidiary organs as may be found necessary\nmay be established in accordance with this part. 4. Each principal organ of the Authority and the\nenterprise shall be responsible for exercising those powers\nand functions which are conferred on it. In exercising\nsuch powers and functions each organ shall avoid taking\nany action which may derogate from or impede the\nexercise of specific powers and functions conferred on\nanother organ. S u b s e c t i o n B\n\nThe Assembly\n\nArticle 159\n\nComposition, procedure and voting\n\n1. The Assembly shall consist of all the members of the\nAuthority. Each member shall have one representative in\nthe Assembly, who may be accompanied by alternates\nand advisers. 2. The Assembly shall meet in regular annual sessions\nand in such special sessions as may be decided by the\nAssembly, or convened by the Secretary-General at the\nrequest of the Council or of a majority of the members of\nthe Authority. 3. Sessions shall take place at the seat of the Authority\nunless otherwise decided by the Assembly. 4. The Assembly shall adopt its rules of procedure. At\nthe beginning of each regular session, it shall elect its\nPresident and such other officers as may be required. They shall hold office until a new President and other\nofficers are elected at the next regular session. 8. Decisions on questions of substance shall be taken by\na two-thirds majority of the members present and voting,\nprovided that such majority includes a majority of the\nmembers participating in the session. When the issue\narises as to whether a question is one of substance or not,\nthat question shall be treated as one of substance unless\notherwise decided by the Assembly by the majority\nrequired for decisions on questions of substance. 9. When a question of substance comes up for voting\nfor the first time, the President may, and shall, if\nrequested by at least one fifth of the members of the\nAssembly, defer the issue of taking a vote on that\nquestion for a period not exceeding five calendar days. This rule may be applied only once to any question, and\nshall not be applied so as to defer the question beyond\nthe end of the session. 10. On a written request addressed to the President and\nsponsored by at least one fourth of the members of the\nAuthority for an advisory opinion on the conformity with\nthis Convention of a proposal before the Assembly on\nany matter, the Assembly shall request the Sea-Bed\nDisputes Chamber of the International Tribunal for the\nLaw of the Sea to give an advisory opinion thereon and\nshall defer voting on that proposal pending receipt of the\nadvisory opinion by the Chamber. If the advisory opinion\nis not received before the final week of the session in\nwhich it is requested, the Assembly shall decide when it\nwill meet to vote on the deferred proposal. Article 160\n\nPowers and functions\n\n1. The Assembly, as the sole organ of the Authority\nconsisting of all the members, shall be considered the\nsupreme organ of the Authority to which the other\nprincipal organs shall be accountable as specifically\nprovided for in this Convention. The Assembly shall have\nthe power to establish general policies in conformity with\nthe relevant provisions of this Convention on any\nquestion or matter within the competence of the\nAuthority. 5. A majority of the members of the Assembly shall\nconstitute a quorum. In addition, the powers and functions of the\n\n2. Assembly shall be:\n\n6. Each member of the Assembly shall have one vote. (a) to elect the members of the Council in accordance\n\nwith Article 161;\n\n7. Decisions on questions of procedure, \nincluding\ndecisions to convene special sessions of the Assembly,\n\n(b) to elect the Secretary-General from among the\n\ncandidates proposed by the Council;\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/43\n\n(c) to elect, on the recommendation of the Council, the\nmembers of the Governing Board of the enterprise\nand the Director-General of the enterprise;\n\n(j) to initiate studies and make recommendations for the\npurpose of promoting \ninternational cooperation\nconcerning activities in the area and encouraging the\nprogressive development of international law relating\nthereto and its codification;\n\nits \n\nfor \n\n(d) to establish such subsidiary organs as \n\nthe exercise of \n\nit finds\nnecessary \nin\naccordance with this part. In the composition of these\nsubsidiary organs due account shall be taken of the\nprinciple of equitable geographical distribution and of\nspecial interests and the need for members qualified\nand competent in the relevant technical questions\ndealt with by such organs;\n\nfunctions \n\n(e) to assess the contributions of members to the\nadministrative budget of the Authority in accordance\nwith an agreed scale of assessment based on the scale\nused for the regular budget of the United Nations\nuntil the Authority shall have sufficient income from\nother sources to meet its administrative expenses;\n\nthe Council, \n\n(f) (i) to consider and approve, on the recommendation\nof \nthe rules, regulations and\nprocedures on the equitable sharing of financial\nand other economic benefits derived \nfrom\nactivities in the area and the payments and\ncontributions made pursuant to Article 82, taking\ninto particular consideration the interests and\nneeds of developing States and peoples who have\nnot \nindependence or other\nself-governing status. If the Assembly does not\napprove the recommendations of the Council, the\nAssembly shall return them to the Council for\nreconsideration in the light of the views expressed\nby the Assembly;\n\nattained \n\nfull \n\n(ii) to consider and approve the rules, regulations and\nprocedures of the Authority, and any amendments\nthereto, provisionally adopted by the Council\npursuant to Article 162(2)(o)(ii). These rules,\nregulations and procedures \nto\nprospecting, exploration and exploitation in the\narea, the financial management and \ninternal\nadministration of the Authority, and, on the\nrecommendation of the Governing Board of the\nenterprise, to the transfer of funds from the\nenterprise to the Authority;\n\nrelate \n\nshall \n\n(g) to decide on the equitable sharing of financial and\nother economic benefits derived from activities in the\narea, consistent with this Convention and the rules,\nregulations and procedures of the Authority;\n\n(h) to consider and approve the proposed annual budget\n\nof the Authority submitted by the Council;\n\n(i) to examine periodic reports from the Council and\nfrom the enterprise and special reports requested from\nthe Council or any other organ of the Authority;\n\n(k) to consider problems of general nature in connection\nwith activities in the area arising in particular for\ndeveloping States, as well as those problems for States\nin connection with activities in the area that are due\nto \nfor\nland-locked and geographically disadvantaged States;\n\nlocation, particularly \n\ntheir geographical \n\n(l) to establish, on the recommendation of the Council,\non the basis of advice from the Economic Planning\nCommission, a system of compensation or other\nmeasures of economic adjustment assistance as\nprovided in Article 151(10);\n\n(m) to suspend the exercise of rights and privileges of\n\nmembership pursuant to Article 185;\n\n(n) to discuss any question or matter within \n\nthe\ncompetence of the Authority and to decide which\norgan of the Authority shall deal with any such\nquestion or matter not specifically entrusted to a\nparticular organ, consistent with the distribution of\npowers and functions among the organs of the\nAuthority. S u b s e c t i o n C\n\nThe Council\n\nArticle 161\n\nComposition, procedure and voting\n\n1. The Council shall consist of 36 members of the\nAuthority elected by the Assembly in the following\norder:\n\n(a) four members from among those States Parties which,\nduring the last five years for which statistics are\navailable, have either consumed more than 2 % of\ntotal world consumption or have had net imports of\nimports of the\nmore than 2 % of total world \ncommodities produced \nthe categories of\nminerals to be derived from the area, and in any case\none State from the East European (Socialist) region,\nas well as the largest consumer;\n\nfrom \n\n(b) four members from among the eight States Parties\nwhich have the largest investments in preparation for\nand in the conduct of activities in the area, either\ndirectly or through their nationals, including at least\none State from the East European (Socialist) region;\n\n\fL 179/44\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n(c) four members from among States Parties which on\nthe basis of production \ntheir\njurisdiction are major net exporters of the categories\nof minerals to be derived from the area, including at\nleast two developing States whose exports of such\nminerals have a \ntheir\neconomies;\n\nsubstantial bearing on \n\nin areas under \n\n(d) six members from among developing States Parties,\nrepresenting special interests. The special interests to\nbe represented shall include those of States with large\npopulations, States which are \nland-locked or\ngeographically disadvantaged, States which are major\nimporters of the categories of minerals to be derived\nfrom the area, States which are potential producers of\nsuch minerals, and least developed States;\n\n(e) 18 members elected according to the principle of\nensuring an equitable geographical distribution of\nseats in the Council as a whole, provided that each\ngeographical region shall have at least one member\nelected under this subparagraph. For this purpose, the\ngeographical regions shall be Africa, Asia, East\nEuropean (Socialist), Latin America and Western\nEurope and Others. In electing the members of the Council in accordance\n\n2. with paragraph 1, the Assembly shall ensure that:\n\n(a) land-locked and geographically disadvantaged States\nare represented to a degree which is reasonably\nproportionate \nthe\nAssembly;\n\nrepresentation \n\ntheir \n\nto \n\nin \n\n(b) coastal States, especially developing States, which do\nnot qualify under paragraph 1(a), (b), (c) or (d) are\nreasonably\nrepresented \nproportionate \nthe\nAssembly;\n\nto a degree which \n\nrepresentation \n\ntheir \n\nto \n\nin \n\nis \n\n(c) each group of States Parties to be represented on the\nCouncil is represented by those members, if any,\nwhich are nominated by that group. 3. Elections shall take place at regular sessions of the\nAssembly. Each member of the Council shall be elected\nfor four years. At the first election, however, the term of\none half of the members of each group referred to in\nparagraph 1 shall be two years. for\n4. Members of \nre-election, but due regard should be paid to the\ndesirability of rotation of membership. the Council shall be eligible \n\n5. The Council shall function at the seat of the\nAuthority, and shall meet as often as the business of the\nAuthority may require, but not less than three times a\nyear. 6. A majority of the members of the Council shall\nconstitute a quorum. 7. Each member of the Council shall have one vote. 8. (a) Decisions on questions of procedure shall be taken\nby a majority of the members present and\nvoting. (b) Decisions on questions of substance arising under\nthe following provisions shall be taken by a\ntwo-thirds majority of the members present and\nvoting, provided that such majority includes a\nmajority of the members of the Council: Article\n162(2) (f), (g), (h), (i), (n), (p) and (v); Article\n191. (c) Decisions on questions of substance arising under\nthe following provisions shall be taken by a\nthree-fourths majority of the members present and\nvoting, provided that such majority includes a\nmajority of the members of the Council: Article\n162(1); Article 162(2) (a), (b), (c), (d), (e), (l), (q),\n(r), (s), (t) and (u) in cases of non-compliance by a\ncontractor or a sponsor; Article 162(2)(w)\nprovided that orders issued thereunder may be\nbinding for not more than 30 days unless\nconfirmed by a decision taken in accordance with\nsubparagraph (d); Article 162(2)(x), (y) and (z);\nArticle 163(2); Article 174(3); Annex IV, Article\n11. (d) Decisions on questions of substance arising under\ntaken by\nthe \nconsensus: Article 162(2)(m) and (o); adoption of\namendments to Part XI. following provisions shall be \n\n(e) For the purposes of subparagraphs (d), (f) and (g),\n\u2018consensus\u2019 means the absence of any formal\nobjection. Within 14 days of the submission of a\nproposal to the Council, the President of the\nCouncil shall determine whether there would be a\nformal objection to the adoption of the proposal. If the President determines that there would be\nsuch an objection, the President shall establish and\nconvene, within \nsuch\nthree days \ndetermination, a conciliation committee consisting\nof not more than nine members of the Council,\nwith the President as chairman, for the purpose of\nreconciling \nthe differences and producing a\nproposal which can be adopted by the consensus. The committee shall work expeditiously and\nreport to the Council within 14 days following its\nestablishment. If the committee is unable to\nrecommend a proposal which can be adopted by\nconsensus, it shall set out in its report the grounds\non which the proposal is being opposed. following \n\n(f) Decisions on questions not listed above which the\nCouncil \nis authorised to take by the rules,\nregulations and procedures of the Authority or\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/45\n\nshall be \n\ntaken pursuant \n\notherwise \nthe\nsubparagraphs of this paragraph specified in the\nif not\nrules, regulations and procedures or, \nthe\nspecified \ntherein, \nif\nsubparagraph determined by \npossible in advance, by consensus. the Council \n\npursuant \n\nthen \n\nto \n\nto \n\n(g) When the issue arises as to whether a question is\nwithin subparagraph (a), (b), (c) or (d), the\nquestion shall be treated as being within the\nsubparagraph requiring the higher or highest\nmajority or consensus as the case may be, unless\notherwise decided by the Council by the said\nmajority or by consensus. 9. The Council shall establish a procedure whereby a\nmember of the Authority not represented on the Council\nmay send a representative to attend a meeting of the\nCouncil when a request is made by such member, or a\nmatter particularly affecting it is under consideration. Such a representative shall be entitled to participate in the\ndeliberations but not to vote. Article 162\n\nPowers and functions\n\n1. The Council is the executive organ of the Authority. The Council shall have the power to establish, in\nconformity with this Convention and the general policies\nestablished by the Assembly, the specific policies to be\npursued by the Authority on any question or matter\nwithin the competence of the Authority. 2. In addition, the Council shall:\n\n(a) supervise and coordinate the implementation of the\nprovisions of this part on all questions and matters\nwithin the competence of the Authority and invite the\nattention \nof\nthe Assembly \nnon-compliance;\n\ncases \n\nof \n\nto \n\n(b) propose to the Assembly a list of candidates for the\n\nelection of the Secretary-General;\n\n(c) recommend to the Assembly candidates for the\nelection of the members of the Governing Board of\nthe enterprise and the Director-General of the\nenterprise;\n\n(d) establish, as appropriate, and with due regard to\neconomy and efficiency, such subsidiary organs as it\nfinds necessary for the exercise of its functions in\naccordance with this part. In the composition of\nsubsidiary organs, emphasis shall be placed on the\nneed for members qualified and competent in relevant\n\ntechnical matters dealt with by those organs provided\nthat due account shall be taken of the principle of the\nequitable geographical distribution and of special\ninterests;\n\n(e) adopt its rules of procedure including the method of\n\nselecting its president;\n\n(f) enter into agreements with the United Nations or\nother international organisations on behalf of the\nAuthority and within its competence, subject to\napproval by the Assembly;\n\n(g) consider the reports of the enterprise and transmit\nthem to the Assembly with its recommendations;\n\n(h) present to the Assembly annual reports and such\n\nspecial reports as the Assembly may request;\n\n(i) issue directives to the enterprise in accordance with\n\nArticle 170;\n\n(j) approve plans of work in accordance with Annex III,\nArticle 6. The Council shall act on each plan of work\nwithin 60 days of its submission by the Legal and\nTechnical Commission at the session of the Council in\naccordance with the following procedures:\n\na \n\ndays \n\nspecific \n\nobjection \n\n(i) if the Commission recommends the approval of a\nplan of work, it shall be deemed to have been\napproved by the Council if no member of the\nCouncil submits in writing to the President within\n14 \nalleging\nnon-compliance with the requirements of Annex\nis an objection, the\nIII, Article 6. If there \nconciliation procedure \nin Article\n161(8)(e), shall apply. If, at the end of the\nconciliation procedure, \nis still\nmaintained, the plan of work shall be deemed to\nhave been approved by the Council unless the\nCouncil disapproves it by consensus among its\nmembers excluding any State or States making the\napplication or sponsoring the applicant;\n\nthe objection \n\nforth \n\nset \n\n(ii) if the Commission recommends the disapproval of\na plan of work or does not make a\nrecommendation, the Council may approve the\nplan of work by a three-fourths majority of the\nmembers present and voting, provided that such\nmajority includes a majority of the members\nparticipating in the session;\n\n(k) approve plans of work submitted by the enterprise in\naccordance with Annex IV, Article 12, applying,\nmutatis mutandis, \nin\nsubparagraph (j);\n\nthe procedures set \n\nforth \n\n(l) exercise control over activities \n\nin\naccordance with Article 153(4), and the rules,\nregulations and procedures of the Authority;\n\nthe area \n\nin \n\n\fL 179/46\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n(m) take, on the recommendation of the Economic\nPlanning Commission, necessary and appropriate\nmeasures \nin accordance with Article 150(h), to\nprovide protection from the adverse economic effects\nspecified therein;\n\n(n) make recommendations to the Assembly, on the basis\nof advice from the Economic Planning Commission,\nfor a system of compensation or other measures of\neconomic adjustment assistance as provided in Article\n151(10);\n\n(o) (i) recommend to the Assembly rules, regulations and\nprocedures on the equitable sharing of financial\nand other economic benefits derived \nfrom\nactivities in the area and the payments and\ncontributions made pursuant to Article 82, taking\ninto particular consideration the interests and\nneeds of the developing States and peoples who\nhave not attained full independence or other\nself-governing status;\n\nshall \n\nrelate \n\nconcerned. These \n\n(ii) adopt and apply provisionally, pending approval\nby the Assembly, the rules, regulations and\nprocedures of the Authority, and any amendments\nthereto, taking into account the recommendations\nof the Legal and Technical Commission or other\nrules,\nsubordinate organ \nregulations and procedures \nto\nprospecting, exploration and exploitation in the\narea and the financial management and internal\nadministration of the Authority. Priority shall be\ngiven to the adoption of rules, regulations and\nprocedures \nand\nexploitation of polymetallic nodules. Rules,\nregulations and procedures for the exploration for\nand exploitation of any resource other than\npolymetallic nodules shall be adopted within three\nyears from the date of a request to the Authority\nby any of its members to adopt such rules,\nregulations and procedures in respect of such\nresource. All rules, regulations and procedures\nshall remain in effect on a provisional basis until\napproved by the Assembly or until amended by\nthe Council in the light of any views expressed by\nthe Assembly;\n\nexploration \n\nthe \n\nfor \n\nfor \n\n(t) make \n\nrecommendations \n\nthe Assembly\nconcerning suspension of the exercise of the rights\nand privileges of membership pursuant to Article\n185;\n\nto \n\n(u) institute proceedings on behalf of the Authority\nbefore the Sea-bed Disputes Chamber in cases of\nnon-compliance;\n\n(v) notify the Assembly on a decision by the Sea-bed\nDisputes Chamber in proceedings instituted under\nsubparagraph \nany\nrecommendations which it may find appropriate\nwith respect to the measures to be taken;\n\nmake \n\nand \n\n(u), \n\n(w) issue emergency orders, which may include orders\nfor the suspension or adjustment of operations, to\nprevent serious harm to the marine environment\narising out of activities in the area;\n\n(x) disapprove areas for exploitation by contractors\nor the enterprise \nin cases where substantial\nevidence indicates the risk of serious harm to the\nmarine environment;\n\n(y) establish a subsidiary organ for the elaboration of\ndraft financial rules, regulations and procedures\nrelating to:\n\n(i) financial management \n\nin accordance with\n\nArticles 171 to 175; and\n\n(ii) financial arrangements \n\nin accordance with\n\nAnnex III, Article 13 and Article 17(1)(c);\n\n(z) establish appropriate mechanisms for directing\nand supervising a staff of inspectors who shall\ninspect activities in the area to determine whether\nthis part, the rules, regulations and procedures of\nthe Authority, and the terms and conditions of\nany contract with \nthe Authority are being\ncomplied with. Article 163\n\nOrgans of the Council\n\n(p) review the collection of all payments to be made\nin connection with\n\nby or to the Authority \noperations pursuant to this part;\n\n1. There are hereby established the following organs of\nthe Council:\n\n(q) make the selection from among applicants for\nproduction authorisations pursuant to Annex III,\nArticle 7, where such selection is required by that\nprovision;\n\n(a) an Economic Planning Commission;\n\n(b) a Legal and Technical Commission. (r) submit \n\nthe proposed annual budget of \n\nthe\n\nAuthority to the Assembly for its approval;\n\n(s) make \n\nrecommendations \n\nthe Assembly\nconcerning policies on any question or matter\nwithin the competence of the Authority;\n\nto \n\n2. Each Commission shall be composed of 15 members,\nelected by the Council from among the candidates\nnominated by the States Parties. However, if necessary,\nthe Council may decide to increase the size of either\nCommission having due regard \nto economy and\nefficiency. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/47\n\nin \n\nthe area of competence of \n\n3. Members of a Commission shall have appropriate\nqualifications \nthat\nCommission. States Parties shall nominate candidates of\nthe highest standards of competence and integrity with\nqualifications in relevant fields so as to ensure the\neffective exercise of the functions of the Commissions. 13. In the exercise of its functions, each Commission\nmay, where appropriate, consult another commission,\nany competent organ of the United Nations or of its\nspecialised agencies or any international organisation\nsuch\nthe \nwith \nconsultation. subject-matter of \n\ncompetence \n\nin \n\nIn the election of members of the Commissions, due\n4. account shall be taken of the need for equitable\ngeographical distribution and the representation of\nspecial interests. Article 164\n\nThe Economic Planning Commission\n\n5. No State Party may nominate more than one\ncandidate for the same Commission. No person shall be\nelected to serve on more than one Commission. 6. Members of the Commissions shall hold office for a\nterm of five years. They shall be eligible for re-election\nfor a further term. 7. In the event of the death, incapacity or resignation of\na member of a Commission prior to the expiration of the\nterm of office, the Council shall elect for the remainder of\nthe term, a member from the same geographical region or\narea of interest. 8. Members of Commissions shall have no financial\ninterest in any activity relating to exploration and\nexploitation in the area. Subject to their responsibilities\nto the Commissions on which they serve, they shall not\ndisclose, even after the termination of their functions, any\nindustrial secret, proprietary data which are transferred\nto the Authority in accordance with Annex III, Article\n14, or any other confidential information coming to their\nknowledge by reason of their duties for the Authority. 9. Each Commission shall exercise its functions in\naccordance with such guidelines and directives as the\nCouncil may adopt. 10. Each Commission shall formulate and submit to the\nCouncil for approval such rules and regulations as may\nbe necessary \nthe\nCommission\u2019s functions. conduct of \n\nefficient \n\nthe \n\nfor \n\n11. The decision-making procedures of the Commissions\nshall be established by the rules, regulations and\nprocedures of the Authority. Recommendations to the\nCouncil shall, where necessary, be accompanied by a\nsummary on \nthe\nCommission. the divergencies of opinion \n\nin \n\n1. Members of the Economic Planning Commission shall\nhave appropriate qualifications such as those relevant to\nmining, management of mineral resource activities,\ninternational trade or \ninternational economics. The\nCouncil shall endeavour to ensure that the membership\nof the Commission reflects all appropriate qualifications. The Commission shall include at least two members from\ndeveloping States whose exports of the categories of\nminerals to be derived from the area have a substantial\nbearing on their economies. 2. The Commission shall:\n\n(a) propose, on the request of the Council, measures to\nimplement decisions relating to activities in the area\ntaken in accordance with this Convention;\n\n(b) review the trends of and the factors affecting supply,\ndemand and prices of materials which may be derived\nfrom the area, bearing in mind the interests of both\nimporting and exporting countries, and in particular\nof the developing States among them;\n\n(c) examine any situation likely to lead to the adverse\neffects referred to in Article 150(h) brought to its\nattention by \nthe State Party or States Parties\nconcerned, and make appropriate recommendations\nto the Council;\n\n(d) propose to the Council for submission to the\nAssembly, as provided in Article 151(10), a system of\ncompensation or other measures of economic\nadjustment assistance for developing States which\nsuffer adverse effects caused by activities in the area. The Commission shall make the recommendations to\nthe Council that are necessary for the application of\nthe system or other measures adopted by the\nAssembly in specific cases. Article 165\n\nThe Legal and Technical Commission\n\n12. Each Commission shall normally function at the seat\nof the Authority and shall meet as often as is required for\nthe efficient exercise of its functions. 1. Members of the Legal and Technical Commission\nshall have appropriate qualifications such as those\nrelevant \nfor and exploitation and\nprocessing of mineral resources, oceanology, protection\n\nto exploration \n\n\fL 179/48\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nof the marine environment, or economic or legal matters\nrelating to ocean mining and related fields of expertise. The Council shall endeavour \nthe\nmembership of the Commission reflects all appropriate\nqualifications. to ensure \n\nthat \n\n2. The Commission shall:\n\n(a) make recommendations with regard to the exercise of\nthe Authority\u2019s functions on the request of the\nCouncil;\n\n(b) review formal written plans of work for activities in\nthe Area in accordance with Article 153(3), and\nsubmit appropriate recommendations to the Council. The Commission shall base its recommendations\nsolely on the grounds stated in Annex III and shall\nreport fully thereon to the Council;\n\n(c) supervise, on request of the Council, activities in the\narea, where appropriate, \nconsultation and\ncollaboration with any entity carrying out such\nactivities or State or States concerned and report to\nthe Council;\n\nin \n\n(d) prepare assessments of the environmental implications\n\nof activities in the area;\n\n(e) make recommendations to the Council on the\nprotection of the marine environment, taking into\naccount the views of recognised experts in that field;\n\n(f) formulate and submit to the Council the rules,\nregulations and procedures referred to in Article\n162(2)(o), taking into account all relevant factors\nincluding \nenvironmental\nthe \nassessments \nimplications of activities in the area;\n\nof \n\n(g) keep such rules, regulations and procedures under\nreview and recommend to the Council from time to\ntime such amendments thereto as it may deem\nnecessary or desirable;\n\n(h) make recommendations to the Council regarding the\nestablishment of a monitoring programme to observe,\nmeasure, evaluate and analyse, by recognised scientific\nmethods, on a regular basis, the risks or effects of\npollution of the marine environment resulting from\nactivities in the area, ensure that existing regulations\nare adequate and are complied with and coordinate\nthe implementation of the monitoring programme\napproved by the Council;\n\n(i) recommend to the Council that proceedings be\ninstituted on behalf of the Authority before the\nSea-bed Disputes Chamber, in accordance with this\npart and the relevant Annexes taking into account\nparticularly Article 187;\n\n(j) make recommendations to the Council with respect to\nmeasures to be taken, on a decision by the Sea-bed\nDisputes Chamber \nin\naccordance with subparagraph (i);\n\nin proceedings \n\ninstituted \n\n(k) make recommendations to the Council to \n\nissue\nemergency orders, which may include orders for the\nsuspension or adjustment of operations, to prevent\nserious harm to the marine environment arising out of\nactivities in the area. Such recommendations shall be\ntaken up by the Council on a priority basis;\n\n(l) make recommendations to the Council to disapprove\nareas for exploitation by contractors or the enterprise\nin cases where substantial evidence indicates the risk\nof serious harm to the marine environment;\n\n(m) make recommendations to the Council regarding the\ndirection and supervision of a staff of inspectors who\nshall inspect activities in the area to determine\nwhether the provisions of this part, the rules,\nregulations and procedures of the Authority, and the\nterms and conditions of any contract with the\nAuthority are being complied with;\n\n(n) calculate the production ceiling and issue production\nauthorisations on behalf of the Authority pursuant to\nArticle 151(2) \nfollowing any necessary\n(7), \nproduction\napplicants \nselection \nauthorisations by the Council in accordance with\nAnnex III, Article 7. to \namong \n\nfor \n\n3. The members of the Commission shall, on request by\nany State Party or other party concerned, be\naccompanied by a representative of such State or other\nparty concerned when carrying out their function of\nsupervision and inspection. S u b s e c t i o n D\n\nThe Secretariat\n\nArticle 166\n\nThe Secretariat\n\n1. The Secretariat of the Authority shall comprise a\nSecretary-General and such staff as the Authority may\nrequire. 2. The Secretary-General shall be elected for four years\nby the Assembly from among the candidates proposed by\nthe Council and may be re-elected. Secretary-General \n\n3. The \nchief\nadministrative officer of the Authority, and shall act in\nthat capacity in all meetings of the Assembly, of the\n\nshall \n\nthe \n\nbe \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/49\n\nCouncil and of any subsidiary organ, and shall perform\nsuch other administrative functions as are entrusted to\nthe Secretary-General by these organs. 14, or any other confidential information coming to their\nknowledge by reason of their employment with the\nAuthority. 4. The Secretary-General shall make an annual report to\nthe Assembly on the work of the Authority. Article 167\n\nThe staff of the Authority\n\n1. The staff of the Authority shall consist of such\nqualified scientific and technical and other personnel as\nmay be required to fulfil the administrative functions of\nthe Authority. 2. The paramount consideration in the recruitment and\nemployment of the staff and in the determination of their\nconditions of service shall be the necessity of securing the\nhighest standards of efficiency, competence and integrity. Subject to this consideration, due regard shall be paid to\nthe importance of recruiting the staff on as wide a\ngeographical basis as possible. 3. The staff shall be appointed by the Secretary-General. The terms and conditions on which they shall be\nappointed, remunerated and dismissed shall be \nin\naccordance with the rules, regulations and procedures of\nthe Authority. Article 168\n\nInternational character of the Secretariat\n\nIn \n\nof \n\nthe \n\ntheir \n\nduties \n\nperformance \n\n1. the\nSecretary-General and the staff shall not seek or receive\ninstructions from any government or from any other\nsource external to the Authority. They shall refrain from\nany action which might reflect on their position as\ninternational officials responsible only to the Authority. Each State Party undertakes to respect the exclusively\ninternational character of the responsibilities of the\nSecretary-General and the staff and not to seek to\ninfluence them in the discharge of their responsibilities. Any violation of responsibilities by a staff member shall\nbe submitted to the appropriate administrative tribunal as\nprovided in the rules, regulations and procedures of the\nAuthority. 2. The Secretary-General and the staff shall have no\nfinancial interest in any activity relating to exploration\ntheir\nand exploitation \nresponsibilities to the Authority, they shall not disclose,\neven after the termination of their functions, any\nindustrial secret, proprietary data which are transferred\nto the Authority in accordance with Annex III, Article\n\nthe area. Subject \n\nto \n\nin \n\n3. Violations of the obligations of a staff member of the\nAuthority set forth in paragraph 2 shall, on the request\nof a State Party affected by such violation, or a natural or\njuridical person, sponsored by a State Party as provided\nin Article 153(2)(b), and affected by such violation, be\nsubmitted by the Authority against the staff member\nconcerned \nthe rules,\nregulations and procedures of the Authority. The Party\nin the\naffected shall have the right to take part \nthe\nproceedings. Secretary-General \nstaff member\nconcerned. tribunal \nshall dismiss \n\ntribunal designated by \n\nrecommends, \n\nto a \n\nthe \n\nthe \n\nso \n\nIf \n\nthe\n4. The rules, regulations and procedures of \nAuthority shall contain such provisions as are necessary\nto implement this Article. Article 169\n\nConsultation and cooperation with international and\nnon-governmental organisations\n\nof \n\nthe Authority, make \n\n1. The Secretary-General shall, on matters within the\ncompetence \nsuitable\narrangements, with the approval of the Council, for\nconsultation and cooperation with international and\nthe\nrecognised by \nnon-governmental organisations \nEconomic and Social Council of the United Nations. 2. Any organisation with which the Secretary-General\nhas entered into an arrangement under paragraph 1 may\ndesignate representatives to attend meetings of the organs\nof the Authority as observers in accordance with the rules\nof procedure of these organs. Procedures shall be\nestablished for obtaining the views of such organisations\nin appropriate cases. 3. The Secretary-General may distribute to States Parties\nwritten reports submitted by the non-governmental\norganisations referred to in paragraph 1 on subjects in\nwhich they have special competence and which are\nrelated to the work of the Authority. S u b s e c t i o n E\n\nThe enterprise\n\nArticle 170\n\nThe enterprise\n\n1. The enterprise shall be the organ of the Authority\nwhich shall carry out activities in the area directly,\nthe\npursuant \n\nto Article 153(2)(a), as well as \n\n\fL 179/50\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\ntransporting, processing and marketing of minerals\nrecovered from the area. Article 173\n\nExpenses of the Authority\n\n2. The enterprise shall, within the framework of the\ninternational legal personality of the Authority, have such\nlegal capacity as is provided for in the Statute set forth in\nAnnex IV. The enterprise shall act in accordance with\nthis Convention and the rules, regulations and procedures\nof the Authority, as well as the general policies\nestablished by the Assembly, and shall be subject to the\ndirectives and control of the Council. 3. The enterprise shall have its principal place of\nbusiness at the seat of the Authority. 4. The enterprise shall, in accordance with Article\n173(2) and Annex IV, Article 11, be provided with such\nfunds as it may require to carry out its functions, and\nshall receive technology as provided in Article 144 and\nother relevant provisions of this Convention. S u b s e c t i o n F\n\nFinancial arrangements of the Authority\n\nArticle 171\n\nFunds of the Authority\n\nThe funds of the Authority shall include:\n\n(a) assessed contributions made by members of the\n\nAuthority in accordance with Article 160(2)(e);\n\n(b) funds received by the Authority pursuant to Annex\nIII, Article 13, in connection with activities in the\narea;\n\n(c) funds transferred from the enterprise in accordance\n\nwith Annex IV, Article 10;\n\n(d) funds borrowed pursuant to Article 174;\n\n(e) voluntary contributions made by members or other\n\nentities, and\n\n(f) payments to a compensation fund, in accordance with\nto be\nPlanning\n\nArticle 151(10), whose \nrecommended \nthe \nCommission. Economic \n\nsources \n\nare \n\nby \n\n1. The contributions referred to in Article 171(a), shall\nbe paid into a special account to meet the administrative\nexpenses of the Authority until the Authority has\nsufficient funds from other sources to meet those\nexpenses. 2. The administrative expenses of the Authority shall be\na first call on the funds of the Authority. Except for the\nassessed contributions referred to in Article 171(a), the\nfunds which remain after payment of administrative\nexpenses may, inter alia:\n\n(a) be shared in accordance with Article 140 and Article\n\n160(2)(g);\n\n(b) be used to provide the enterprise with funds in\n\naccordance with Article 170(4);\n\n(c) be used \n\nto compensate developing States \n\nin\naccordance with Article 151(10), and Article\n160(2)(l). Article 174\n\nBorrowing power of the Authority\n\n1. The Authority shall have the power to borrow\nfunds. 2. The Assembly shall prescribe the limits on the\nborrowing power of the Authority in the financial\nregulations adopted pursuant to Article 160(2)(f). 3. The Council shall exercise the borrowing power of\nthe Authority. 4. States Parties shall not be liable for the debts of the\nAuthority. Article 175\n\nAnnual audit\n\nThe records, books and accounts of the Authority,\nincluding its annual financial statements, shall be audited\nannually by an independent auditor appointed by the\nAssembly. Article 172\n\nAnnual budget of the Authority\n\nThe Secretary-General shall draft the proposed annual\nbudget of the Authority and submit it to the Council. The Council shall consider the proposed annual budget\nand submit it to the Assembly, together with any\nrecommendations thereon. The Assembly shall consider\nand approve the proposed annual budget in accordance\nwith Article 160(2)(h). S u b s e c t i o n G\n\nLegal status, privileges and immunities\n\nArticle 176\n\nLegal status\n\nThe Authority shall have international legal personality\nand such legal capacity as may be necessary for the\nexercise of \nits\npurposes. its function and the fulfilment of \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/51\n\nArticle 177\n\nPrivileges and immunities\n\nArticle 182\n\nPrivileges and immunities of certain persons connected\nwith the Authority\n\nTo enable the Authority to exercise its functions, it shall\nenjoy in the territory of each State Party the privileges\nand immunities set forth in this subsection. The privileges\nand immunities relating to the enterprise shall be those\nset forth in Annex IV, Article 13. Article 178\n\nImmunity from legal process\n\nThe Authority, its property and assets, shall enjoy\nimmunity from legal process except to the extent that the\nAuthority expressly waives this immunity in a particular\ncase. Article 179\n\nImmunity from search and any form of seizure\n\nRepresentatives of States Parties attending meetings of the\nAssembly, the Council or organs of the Assembly or the\nCouncil, and the Secretary-General and staff of the\nAuthority, shall enjoy in the territory of each State\nParty:\n\n(a) immunity from legal process with respect to acts\nperformed by them in the exercise of their functions,\nexcept to the extent that the State which they\nrepresent or the Authority, as appropriate, expressly\nwaives this immunity in a particular case;\n\nfrom \nrequirements and national \n\n(b) if they are not nationals of that State Party, the same\nimmigration restrictions, alien\nexemptions \nregistration \nservice\nobligations, the same facilities as regards exchange\nrestrictions and the same treatment in respect of\ntravelling facilities as are accorded by that State to the\nrepresentatives, officials and employees of comparable\nrank of other States Parties. The property and assets of the Authority, wherever\nlocated and by whosoever held, shall be immune from\nsearch, requisition, confiscation, expropriation or any\nother form of seizure by executive or legislative action. Article 183\n\nExemption from taxes and customs duties\n\nArticle 180\n\nExemption from restrictions, regulations, controls and\nmoratoria\n\nThe property and assets of the Authority shall be exempt\nfrom restrictions, regulations, controls and moratoria of\nany nature. Article 181\n\nArchives and official communications of the Authority\n\n1. The archives of the Authority, wherever located, shall\nbe inviolable. similar\n2. Proprietary data, \ninformation and personnel records shall not be placed in\narchives which are open to public inspection. secrets or \n\nindustrial \n\n3. With regard to \nits official communications, the\nAuthority shall be accorded by each State Party treatment\nno less favourable than that accorded by that State to\nother international organisations. and \n\ntransactions, \n\nthe scope of \n\nits official activities, \n\n1. Within \nthe\nAuthority, its assets and property, its income, and its\nthis\noperations \nConvention, shall be exempt from all direct taxation and\ngoods imported or exported for its official use shall be\nexempt from all customs duties. The Authority shall not\nclaim exemption from taxes which are no more than\ncharges for services rendered. authorised by \n\n2. When purchases of goods or services of substantial\nvalue necessary for the official activities of the Authority\nare made by or on behalf of the Authority, and when the\nprice of such goods or services includes taxes or duties,\nappropriate measures shall, to the extent practicable, be\ntaken by States Parties to grant exemption from such\ntaxes or duties or provide for their reimbursement. Goods \nimported or purchased under an exemption\nprovided for in this Article shall not be sold or otherwise\ndisposed of in the territory of the State Party which\ngranted the exemption, except under conditions agreed\nwith that State Party. 3. No tax shall be levied by States Parties on or in\nrespect of salaries and emoluments paid or any other\nform of payment made by the Authority to the\nSecretary-General and staff of the Authority, as well as\nexperts performing missions for the Authority, who are\nnot their nationals. L 179/52\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nS u b s e c t i o n H\n\nSuspension of the exercise of rights and privileges of\nmembers\n\n(a) disputes between States Parties concerning \n\nthe\ninterpretation or application of this part and the\nAnnexes relating thereto;\n\nArticle 184\n\nSuspension of the exercise of voting rights\n\nA State Party which is in arrears in the payment of its\nfinancial contributions to the Authority shall have no\nvote if the amount of its arrears equals or exceeds the\namount of the contributions due from it for the preceding\ntwo full years. The Assembly may, nevertheless, permit\nsuch a member to vote if it is satisfied that the failure to\npay is due to conditions beyond the control of the\nmember. Article 185\n\n(b) disputes between a State Party and the Authority\n\nconcerning:\n\n(i) acts or omissions of the Authority or of a State\nParty alleged to be in violation of this part or the\nAnnexes relating thereto or of rules, regulations\nand procedures of the Authority adopted in\naccordance therewith; or\n\n(ii) acts of the Authority alleged to be in excess of\n\njurisdiction or a misuse of power;\n\n(c) disputes between parties to a contract, being States\nthe enterprise, State\nParties, \nenterprises and natural or juridical persons referred to\nin Article 153(2)(b), concerning:\n\nthe Authority or \n\nSuspension of exercise of rights and privileges of\nmembership\n\n(i) the interpretation or application of a relevant\n\ncontract or a plan of work; or\n\n1. A State Party which has grossly and persistently\nviolated the provisions of this Party may be suspended\nfrom the exercise of the rights and privileges of\nmembership by the Assembly on the recommendation of\nthe Council. 2. No action may be taken under paragraph 1 until the\nSea-bed Disputes Chamber has found that a State Party\nhas grossly and persistently violated the provisions of this\nPart. SECTION 5\n\nSETTLEMENT OF DISPUTES AND ADVISORY OPINIONS\n\n(ii) acts or omissions of a party to the contract\nrelating to activities in the area and directed to the\nother party or directly affecting its legitimate\ninterests;\n\n(d) disputes between the Authority and a prospective\ncontractor who has been sponsored by a State as\nprovided in Article 153(2)(b), and has duly fulfilled\nthe conditions referred to in Annex III, Article 4(6),\nand Article 13(2), concerning the refusal of a contract\nor a legal issue arising in the negotiation of the\ncontract;\n\n(e) disputes between the Authority and a State Party, a\nState enterprise or a natural or juridical person\nsponsored by a State Party as provided for in Article\n153(2)(b), where it is alleged that the Authority has\nincurred liability as provided in Annex III, Article\n22;\n\nArticle 186\n\nSea-bed Disputes Chamber of the International Tribunal\nfor the Law of the Sea\n\n(f) any other disputes for which the jurisdiction of the\nChamber is specifically provided in this Convention. The establishment of the Sea-bed Disputes Chamber and\nthe manner in which it shall exercise its jurisdiction shall\nbe governed by the provisions of this Section, of Part XV\nand of Annex VI. Article 188\n\nArticle 187\n\nJurisdiction of the Sea-bed Disputes Chamber\n\nSubmission of disputes to a special chamber of the\nInternational Tribunal for the Law of the Sea or an ad\nhoc chamber of the Sea-bed Disputes Chamber or to\nbinding commercial arbitration\n\nThe Sea-bed Disputes Chamber shall have jurisdiction\nunder this part and the Annexes relating thereto in\ndisputes with respect to activities in the area falling\nwithin the following categories:\n\n1. Disputes between States Parties referred to in Article\n187(a) may be submitted:\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/53\n\n(a) at the request of the parties to the dispute, to a\nspecial chamber of the International Tribunal for the\nLaw of the Sea to be formed in accordance with\nAnnex VI, Articles 15 and 17; or\n\n(b) at the request of any party to the dispute, to an\nad-hoc chamber of the Sea-bed Disputes Chamber to\nbe formed in accordance with Annex VI, Article 36. 2. (a) Disputes \n\nthe \n\nconcerning \n\ninterpretation or\napplication of a contract referred to in Article 187\n(c)(i), shall be submitted, at the request of any\nparty to the dispute, to binding commercial\narbitration, unless the parties otherwise agree. A\ncommercial arbitral tribunal to which the dispute\nis submitted shall have no jurisdiction to decide\nany question of interpretation of this Convention. When the dispute also involves a question of the\ninterpretation of Part XI and the Annexes relating\nthereto, with respect to activities in the area, that\nquestion shall be referred to the Sea-bed Disputes\nChamber for a ruling. (b) If, at the commencement of or in the course of\nsuch arbitration, the arbitral tribunal determines,\neither at the request of any party to the dispute or\nproprio motu, that its decision depends on a\nruling of the Sea-bed Disputes Chamber, the\narbitral tribunal shall refer such question to the\nSea-bed Disputes Chamber for such ruling. The\narbitral tribunal shall then proceed to render its\naward in conformity with the ruling of the\nSea-bed Disputes Chamber. (c) In the absence of a provision in the contract on\nthe arbitration procedure to be applied in the\ndispute, the arbitration shall be conducted in\naccordance with the Uncitral Arbitration Rules or\nsuch other arbitration rules as may be prescribed\nin the rules, regulations and procedures of the\nAuthority, unless the parties to the dispute\notherwise agree. discretionary powers in accordance with this part; in no\ncase shall it substitute its discretion for that of the\nAuthority. Without prejudice to Article 191, in exercising\nits jurisdiction pursuant to Article 187, the Sea-bed\nDisputes Chamber shall not pronounce itself on the\nquestion of whether any rules, regulations and procedures\nof the Authority are in conformity with this Convention,\nnor declare invalid any such rules, regulations and\nprocedures. Its \nin this regard shall be\nconfined to deciding claims that the application of any\nrules, regulations and procedures of the Authority in\nindividual cases would be in conflict with the contractual\nobligations of the parties to the dispute or their\nobligations under this Convention, claims concerning\nexcess of jurisdiction or misuse of power, and to claims\nfor damages to be paid or other remedy to be given to\nthe party concerned for the failure of the other party to\ncomply with its contractual obligations or its obligations\nunder this Convention. jurisdiction \n\nArticle 190\n\nParticipation and appearance of sponsoring States\nParties in proceedings\n\n1. If a natural or juridical person is a party to a dispute\nreferred to in Article 187, the sponsoring State shall be\ngiven notice thereof and shall have the right to participate\nin the proceedings by submitting written or oral\nstatements. 2. If an action is brought against a State Party by a\nnatural or juridical person sponsored by another State\nParty in a dispute referred to in Article 187(c), the\nrespondent State may request the State sponsoring that\nperson to appear in the proceedings on behalf of that\nperson. Failing such appearance, the respondent State\nmay arrange to be represented by a juridical person of its\nnationality. Article 189\n\nLimitation on jurisdiction with regard to decisions of\nthe Authority\n\nThe Sea-bed Disputes Chamber shall have no jurisdiction\nwith regard to the exercise by the Authority of its\n\nArticle 191\n\nAdvisory opinions\n\nThe Sea-bed Disputes Chamber shall give advisory\nopinions at the request of the Assembly or the Council\non legal questions arising within the scope of their\nactivities. Such opinions shall be given as a matter of\nurgency. L 179/54\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nPART XII\n\nPROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT\n\nSECTION 1\n\nGENERAL PROVISIONS\n\nArticle 192\n\nGeneral obligation\n\nStates have the obligation to protect and preserve the\nmarine environment. Article 193\n\nSovereign right of States to exploit their natural\nresources\n\nStates have the sovereign right to exploit their natural\nresources pursuant to their environmental policies and in\naccordance with their duty to protect and preserve the\nmarine environment. Article 194\n\nMeasures to prevent, reduce and control pollution of\nthe marine environment\n\nshall \n\ntake, \n\nindividually or \n\njointly as\n1. States \nappropriate, all measures consistent with this Convention\nthat are necessary to prevent, reduce and control\npollution of the marine environment from any source,\nusing for this purpose the best practicable means at their\ndisposal and in accordance with their capabilities, and\nthey shall endeavour to harmonise their policies in this\nconnection. 2. States shall take all measures necessary to ensure that\nactivities under their jurisdiction or control are so\nconducted as not to cause damage by pollution to other\nStates and their environment, and that pollution arising\nfrom incidents or activities under their jurisdiction or\ncontrol does not spread beyond the areas where they\nexercise sovereign rights \nthis\nConvention. in accordance with \n\n3. The measures taken pursuant to this part shall deal\nwith all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to\nminimise to the fullest possible extent:\n\n(a) the release of toxic, harmful or noxious substances,\nespecially those which are persistent, from land-based\nsources, from or through the atmosphere or by\ndumping;\n\n(b) pollution from vessels, in particular measures for\npreventing accidents and dealing with emergencies,\nensuring the safety of operations at sea, preventing\nintentional \nand\nregulating \nthe design, construction, equipment,\noperation and manning of vessels;\n\nand unintentional discharges, \n\n(c) pollution from installations and devices used in\nexploration or exploitation of the natural resources of\nthe sea-bed and subsoil, in particular measures for\npreventing accidents and dealing with emergencies,\nthe safety of operations at sea, and\nensuring \nthe design, construction, equipment,\nregulating \noperation and manning of such \ninstallations or\ndevices;\n\n(d) pollution \n\nfrom other \n\ninstallations and devices\noperating in the marine environment, in particular\nmeasures for preventing accidents and dealing with\nemergencies, ensuring the safety of operations at sea,\nand regulating the design, construction, equipment,\noperation and manning of such \ninstallations or\ndevices. 4. In taking measures to prevent, reduce or control\npollution of the marine environment, States shall refrain\nfrom unjustifiable interference with activities carried out\nby other States in the exercise of their rights and in\npursuance of their duties \nin conformity with this\nConvention. 5. The measures taken in accordance with this part shall\ninclude those necessary to protect and preserve rare or\nfragile ecosystems as well as the habitat of depleted,\nthreatened or endangered species and other forms of\nmarine life. Article 195\n\nDuty not to transfer damage or hazards or transform\none type of pollution into another\n\nIn taking measures to prevent, reduce and control\npollution of the marine environment, States shall act so\nas not to transfer, directly or indirectly, damage or\nhazards from one area to another or transform one type\nof pollution into another. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/55\n\nArticle 196\n\nUse of technologies or introduction of alien or new\nspecies\n\n1. States shall take all measures necessary to prevent,\nreduce and control pollution of the marine environment\nresulting from the use of technologies under their\njurisdiction or control, or the intentional or accidental\nintroduction of species, alien or new, to a particular part\nof the marine environment, which may cause significant\nand harmful changes thereto. 2. This Article does not affect the application of this\nConvention regarding the prevention, reduction and\ncontrol of pollution of the marine environment. plans for responding to pollution incidents in the marine\nenvironment. Article 200\n\nStudies, research programmes and exchange of\ninformation and data\n\nStates shall cooperate, directly or through competent\ninternational organisations, for the purpose of promoting\nstudies, undertaking programmes of scientific research\nand encouraging the exchange of information and data\nacquired about pollution of the marine environment. They shall endeavour to participate actively in regional\nand global programmes to acquire knowledge for the\nassessment of the nature and extent of pollution,\nexposure to it, and its pathways, risks and remedies. SECTION 2\n\nArticle 201\n\nGLOBAL AND REGIONAL COOPERATION\n\nScientific criteria for regulations\n\nArticle 197\n\nCooperation on a global or regional basis\n\nStates shall cooperate on a global basis and, as\nappropriate, on a regional basis, directly or through\ncompetent international organisations, in formulating and\nelaborating \nand\nrecommended practices and procedures consistent with\nthis Convention, for the protection and preservation of\nthe marine \naccount\nenvironment, \ncharacteristic regional features. international \n\nstandards \n\ntaking \n\nrules, \n\ninto \n\ncompetent \n\nIn the light of the information and data acquired\npursuant to Article 200, States shall cooperate, directly or\nin\nthrough \nestablishing appropriate \nthe\nformulation and elaboration of rules, standards and\nthe\nrecommended practices \nprevention, reduction and control of pollution of the\nmarine environment. international organisations, \nfor \nscientific criteria \n\nand procedures \n\nfor \n\nArticle 198\n\nNotification of imminent or actual damage\n\nWhen a State becomes aware of cases in which the\nmarine environment is in imminent danger of being\ndamaged or has been damaged by pollution, it shall\nimmediately notify other States it deems likely to be\naffected by such damage, as well as the competent\ninternational organisations. Article 199\n\nContingency plans against pollution\n\nIn the cases referred to in Article 198, States in the area\naffected, in accordance with their capabilities, and the\ncompetent international organisations shall cooperate, to\nthe extent possible, in eliminating the effects of pollution\nand preventing or minimising the damage. To this end,\nStates shall jointly develop and promote contingency\n\nSECTION 3\n\nTECHNICAL ASSISTANCE\n\nArticle 202\n\nScientific and technical assistance to developing States\n\nStates shall, directly or through competent international\norganisations:\n\n(a) promote programmes of \n\nscientific, educational,\ntechnical and other assistance to developing States for\nthe marine\nthe protection and preservation of \nenvironment and the prevention, reduction and\ncontrol of marine pollution. Such assistance shall\ninclude, inter alia:\n\n(i) \n\ntraining of \npersonnel;\n\ntheir \n\nscientific and \n\ntechnical\n\n(ii) facilitating \n\ntheir participation \n\nin \n\nrelevant\n\ninternational programmes;\n\n\fL 179/56\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n(iii) supplying them with necessary equipment and\n\nArticle 205\n\nfacilities;\n\n(iv) enhancing their capacity to manufacture such\n\nequipment;\n\n(v) advice on and developing facilities for research,\nmonitoring, educational and other programmes;\n\n(b) provide \n\nappropriate \n\nto\ndeveloping States, for the minimisation of the effects\nof major incidents which may cause serious pollution\nof the marine environment;\n\nassistance, \n\nespecially \n\n(c) provide \n\nappropriate \n\nto\ndeveloping States, concerning the preparation of\nenvironmental assessments. assistance, \n\nespecially \n\nArticle 203\n\nPreferential treatment of developing States\n\nPublication of reports\n\nStates shall publish reports of the results obtained\npursuant to Article 204 or provide such reports at\nappropriate \ninternational\nintervals to the competent \norganisations, which should make them available to all\nStates. Article 206\n\nAssessment of potential effects of activities\n\nWhen States have reasonable grounds for believing that\nplanned activities under their jurisdiction or control may\ncause substantial pollution of or significant and harmful\nchanges to the marine environment, they shall, as far as\npracticable, assess the potential effects of such activities\non the marine environment and shall communicate\nreports of the results of such assessments in the manner\nprovided in Article 205. Developing States shall, for the purposes of prevention,\nreduction and control of pollution of the marine\nenvironment or minimisation of its effects, be granted\npreference by international organisations in:\n\nSECTION 5\n\n(a) the allocation of appropriate funds and technical\n\nassistance; and\n\nINTERNATIONAL RULES AND NATIONAL LEGISLATION\nTO PREVENT, REDUCE AND CONTROL POLLUTION OF\nTHE MARINE ENVIRONMENT\n\n(b) the utilisation of their specialised services. SECTION 4\n\nMONITORING AND ENVIRONMENTAL ASSESSMENT\n\nArticle 207\n\nPollution from land-based sources\n\nland-based sources, \n\n1. States shall adopt laws and regulations to prevent,\nreduce and control pollution of the marine environment\nincluding rivers, estuaries,\nfrom \npipelines and outfall structures, taking into account\ninternationally agreed rules, standards and recommended\npractices and procedures. Article 204\n\n2. States shall take other measures as may be necessary\nto prevent, reduce and control such pollution. Monitoring of the risks or effects of pollution\n\n1. States shall, consistent with the rights of other States,\nendeavour, as far as practicable, directly or through the\ncompetent \nto observe,\ninternational organisations, \nmeasure, evaluate and analyse, by recognised scientific\nmethods, the risks or effects of pollution of the marine\nenvironment. 2. In particular, States shall keep under surveillance the\neffects of any activities which they permit or in which\nthey engage in order to determine whether these activities\nare likely to pollute the marine environment. 3. States shall endeavour to harmonise their policies in\nthis connection at the appropriate regional level. acting \n\nthrough \n\n4. States, \ncompetent\nespecially \ninternational organisations or diplomatic conference,\nshall endeavour to establish global and regional rules,\nstandards and recommended practices and procedures to\nprevent, reduce and control pollution of the marine\nenvironment \ninto\naccount characteristic regional features, the economic\ncapacity of developing States and their need for economic\ndevelopment. Such rules, standards and recommended\npractices and procedures shall be re-examined from time\nto time as necessary. land-based sources, \n\ntaking \n\nfrom \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/57\n\n5. Laws, regulations, measures, rules, standards and\nrecommended practices and procedures referred to in\nparagraphs 1, 2 and 4 shall include those designed to\nminimize, to the fullest extent possible, the release of\ntoxic, harmful or noxious substances, especially those\nwhich are persistent, into the marine environment. may be. The requirements of such laws and regulations\nshall be no less effective than the international rules,\nregulations and procedures referred to in paragraph 1. Article 210\n\nPollution by dumping\n\nArticle 208\n\nPollution from sea-bed activities subject to national\njurisdiction\n\n1. States shall adopt laws and regulations to prevent,\nreduce and control pollution of the marine environment\nby dumping. 1. Coastal States shall adopt laws and regulations to\nprevent, reduce and control pollution of the marine\nenvironment arising from or in connection with sea-bed\nactivities subject to their jurisdiction and from artificial\nislands, \ntheir\njurisdiction, pursuant to Articles 60 and 80. structures under \n\ninstallations \n\nand \n\n2. States shall take other measures as may be necessary\nto prevent, reduce and control such pollution. 3. Such laws, regulations and measures shall be no less\nstandards and\nrules, \neffective \nrecommended practices and procedures. international \n\nthan \n\n4. States shall endeavour to harmonise their policies in\nthis connection at the appropriate regional level. acting \n\nthrough \n\n5. States, \ncompetent\nespecially \ninternational organisations or diplomatic conference,\nshall establish global and regional rules, standards and\nrecommended practices and procedures to prevent,\nreduce and control pollution of the marine environment\nreferred to in paragraph 1. Such rules, standards and\nshall be\nrecommended practices and procedures \nre-examined from time to time as necessary. Article 209\n\nPollution from activities in the area\n\nInternational rules, regulations and procedures shall\n1. be established in accordance with part XI to prevent,\nreduce and control pollution of the marine environment\nfrom activities in the area. Such rules, regulations and\nprocedures shall be re-examined from time to time as\nnecessary. 2. Subject to the relevant provisions of this section,\nStates shall adopt laws and regulations to prevent, reduce\nand control pollution of the marine environment from\nactivities in the area undertaken by vessels, installations,\nstructures and other devices flying their flag or of their\nregistry or operating under their authority, as the case\n\n2. States shall take other measures as may be necessary\nto prevent, reduce and control such pollution. 3. Such laws, regulations and measures shall ensure that\ndumping is not carried out without the permission of the\ncompetent authorities of States. acting \n\nthrough \n\n4. States, \ncompetent\nespecially \ninternational organisations or diplomatic conference,\nshall endeavour to establish global and regional rules,\nstandards and recommended practices and procedures to\nprevent, reduce and control such pollution. Such rules,\nstandards and recommended practices and procedures\nshall be re-examined from time to time as necessary. 5. Dumping within the territorial sea and the exclusive\neconomic zone or onto the continental shelf shall not be\ncarried out without the express prior approval of the\ncoastal State, which has the right to permit, regulate and\ncontrol such dumping after due consideration of the\nmatter with other States which by reason of their\ngeographical \nsituation may be adversely affected\nthereby. 6. National laws, regulations and measures shall be no\nless effective in preventing, reducing and controlling such\npollution than the global rules and standards. Article 211\n\nPollution from vessels\n\n1. States, acting through the competent international\norganisation or general diplomatic conference, shall\nestablish international rules and standards to prevent,\nreduce and control pollution of the marine environment\nfrom vessels and promote the adoption, in the same\nmanner, wherever appropriate, of routeing systems\ndesigned to minimise the threat of accidents which might\ncause pollution of the marine environment, including the\ncoastline, and pollution damage to the related interests of\n\n\fL 179/58\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\ncoastal States. Such rules and standards shall, in the same\nmanner, be re-examined from time to time as necessary. 2. States shall adopt laws and regulations for the\nprevention, reduction and control of pollution of the\nmarine environment from vessels flying their flag or of\ntheir registry. Such laws and regulations shall at least\nhave the same effect as that of generally accepted\ninternational rules and standards established through the\ncompetent \ngeneral\ndiplomatic conference. international \n\norganisation \n\nor \n\n3. States which establish particular requirements for the\nprevention, reduction and control of pollution of the\nmarine environment as a condition for the entry of\nforeign vessels into their ports or internal waters or for a\ncall at their off-shore terminals shall give due publicity to\nsuch requirements and shall communicate them to the\ncompetent international organisation. Whenever such\nrequirements are established in identical form by two or\nmore coastal States in an endeavour to harmonise policy,\nthe communication shall \nindicate which States are\nparticipating in such cooperative arrangements. Every\nState shall require the master of a vessel flying its flag or\nof its registry, when navigating within the territorial sea\nof a State participating in such cooperative arrangements,\nto furnish, on the request of that State, information as to\nwhether it is proceeding to a State of the same region\nparticipating in such cooperative arrangements and, if so,\nto indicate whether it complies with the port entry\nrequirements of that State. This Article is without\nprejudice to the continued exercise by a vessel of its\nright of innocent passage or to the application of Article\n25(2). in \n\nthe exercise of \n\n4. Coastal States may, \ntheir\nsovereignty within their territorial sea, adopt laws and\nregulations for the prevention, reduction and control of\nmarine pollution from foreign vessels, including vessels\nexercising the right of innocent passage. Such laws and\nregulations shall, in accordance with part II, Section 3,\nnot hamper innocent passage of foreign vessels. pollution from vessels is required for recognised\ntechnical reasons in relation to its oceanographical\nand ecological conditions, as well as its utilisation\nor the protection of \nits resources and the\nparticular character of its traffic, the coastal\nStates, after appropriate consultations through the\ncompetent international organisation with any\nother States concerned, may, for that area, direct a\ncommunication to that organisation, submitting\nscientific and technical evidence in support and\nfacilities. information on necessary reception \nWithin 12 months after \nsuch a\nreceiving \ncommunication, the organisation shall determine\nwhether the conditions in that area correspond to\nthe requirements set out above. If the organisation\nso determines, the coastal States may, for that\narea, adopt \nthe\nprevention, reduction and control of pollution\nfrom vessels implementing such international rules\nand standards or navigational practices as are\nmade applicable, through the organisation, for\nspecial areas. These laws and regulations shall not\nbecome applicable to foreign vessels until 15\nthe\nmonths \ncommunication to the organisation. regulations \n\nsubmission \n\nlaws and \n\nafter \n\nthe \n\nfor \n\nof \n\n(b) The coastal States shall publish the limits of any\n\nsuch particular, clearly defined area. (c) If the coastal States intend to adopt additional\nlaws and regulations for the same area for the\nprevention, reduction and control of pollution\nfrom vessels, they shall, when submitting the\naforesaid communication, at the same time notify\nthe organisation thereof. Such additional laws and\nregulations may \nto discharges or\nrelate \nnavigational practices but shall not require foreign\nvessels to observe design, construction, manning\nor equipment standards other than generally\naccepted international rules and standards; they\nshall become applicable to foreign vessels 15\nthe\nmonths \ncommunication to the organisation, provided that\nthe organisation agrees within 12 months after the\nsubmission of the communication. submission \n\nafter \n\nthe \n\nof \n\n5. Coastal States, for the purpose of enforcement as\nprovided for in Section 6, may in respect of their\nexclusive economic zones adopt laws and regulations for\nthe prevention, reduction and control of pollution from\nvessels conforming to and giving effect to generally\naccepted international rules and standards established\nthrough the competent international organisation or\ngeneral diplomatic conference. 6. (a) Where the \n\ninternational rules and standards\nreferred to in paragraph 1 are inadequate to meet\nspecial circumstances and coastal States have\nreasonable grounds for believing that a particular,\nclearly defined area of their respective exclusive\neconomic zones is an area where the adoption of\nspecial mandatory measures for the prevention of\n\n7. The international rules and standards referred to in\nthis Article should include, inter alia, those relating to\nprompt notification to coastal States, whose coastline or\nrelated interests may be affected by incidents, including\nmaritime \ninvolve discharges or\nprobability of discharges. casualties, which \n\nArticle 212\n\nPollution from or through the atmosphere\n\n1. States shall adopt laws and regulations to prevent,\nreduce and control pollution of the marine environment\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/59\n\nfrom or through the atmosphere, applicable to the air\nspace under their sovereignty and to vessels flying their\nflag or vessels or aircraft of their registry, taking into\naccount \ninternationally agreed rules, standards and\nrecommended practices and procedures and the safety of\nair navigation. 2. States shall take other measures as may be necessary\nto prevent, reduce and control such pollution. Article 215\n\nEnforcement with respect to pollution from activities in\nthe area\n\nEnforcement of \ninternational rules, regulations and\nprocedures established in accordance with part XI to\nprevent, reduce and control pollution of the marine\nenvironment from activities in the area shall be governed\nby that part. acting \n\n3. States, \ncompetent\nespecially \ninternational organisations or diplomatic conference,\nshall endeavour to establish global and regional rules,\nstandards and recommended practices and procedures to\nprevent, reduce and control such pollution. through \n\nSECTION 6\n\nENFORCEMENT\n\nArticle 213\n\nEnforcement with respect to pollution from land-based\nsources\n\ntake other measures necessary \n\nStates shall enforce their laws and regulations adopted in\naccordance with Article 207 and shall adopt laws and\nregulations and \nto\nimplement applicable international rules and standards\nestablished through competent international organisations\nor diplomatic conference to prevent, reduce and control\npollution of the marine environment from land-based\nsources. Article 216\n\nEnforcement with respect to pollution by dumping\n\n1. Laws and regulations adopted in accordance with this\nConvention and applicable \ninternational rules and\nstandards established through competent international\norganisations or diplomatic \nthe\nprevention, reduction and control of pollution of the\nmarine environment by dumping shall be enforced:\n\nconference \n\nfor \n\n(a) by the coastal State with regard to dumping within its\nterritorial sea or its exclusive economic zone or onto\nits continental shelf;\n\n(b) by the flag State with regard to vessels flying its flag\n\nor vessels or aircraft of its registry;\n\n(c) by any State with regard to acts of loading of wastes\nor other matter occurring within its territory or at its\noff-shore terminals. 2. No State shall be obliged by virtue of this Article to\ninstitute proceedings when another State has already\ninstituted proceedings in accordance with this Article. Article 214\n\nEnforcement with respect to pollution from sea-bed\nactivities\n\nArticle 217\n\nEnforcement by flag States\n\ntake other measures necessary \n\nStates shall enforce their laws and regulations adopted in\naccordance with Article 208 and shall adopt laws and\nto\nregulations and \nimplement applicable international rules and standards\nestablished through competent international organisations\nor diplomatic conference to prevent, reduce and control\npollution of the marine environment arising from or in\nconnection with sea-bed activities subject \ntheir\njurisdiction and from artificial islands, installations and\nstructures under their jurisdiction, pursuant to Articles 60\nand 80. to \n\ngeneral \n\norganisation \n\nthrough \nor \n\n1. States shall ensure compliance by vessels flying their\nflag or of their registry with applicable international rules\nand standards, established \nthe competent\ndiplomatic\ninternational \nconference, and with their laws and regulations adopted\nin accordance with this Convention for the prevention,\nreduction and control of pollution of the marine\nenvironment from vessels and shall accordingly adopt\nlaws and regulations and take other measures necessary\nfor their implementation. Flag States shall provide for the\neffective enforcement of such rules, standards, laws and\nregulations, irrespective of where a violation occurs. L 179/60\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n2. States shall, in particular, take appropriate measures\nin order to ensure that vessels flying their flag or of their\nregistry are prohibited from sailing, until they can\nproceed to sea in compliance with the requirements of\nthe international rules and standards referred to in\nparagraph 1, including requirements in respect of design,\nconstruction, equipment and manning of vessels. 3. States shall ensure that vessels flying their flag or of\ntheir registry carry on board certificates required by and\nissued pursuant to international rules and standards\nreferred to in paragraph 1. States shall ensure that vessels\nflying their flag are periodically inspected in order to\nverify that such certificates are in conformity with the\nactual condition of the vessels. These certificates shall be\naccepted by other States as evidence of the condition of\nthe vessels and shall be regarded as having the same force\nas certificates issued by them, unless there are clear\ngrounds for believing that the condition of the vessel does\nnot correspond substantially with the particulars of the\ncertificates. the \n\nthrough \n\ncompetent \n\nIf a vessel commits a violation of rules and standards\n4. established \ninternational\norganisation or general diplomatic conference, the flag\nState, without prejudice to Articles 218, 220 and 228,\nshall provide for immediate investigation and where\nappropriate institute proceedings in respect of the alleged\nviolation irrespective of where the violation occurred or\nwhere the pollution caused by such violation has\noccurred or has been spotted. 5. Flag States conducting an \nthe\nviolation may request the assistance of any other State\nwhose cooperation could be useful in clarifying the\ncircumstances of the case. States shall endeavour to meet\nappropriate requests of flag States. investigation of \n\n6. States shall, at the written request of any State,\ninvestigate any violation alleged to have been committed\nby vessels flying their flag. If satisfied that sufficient\nevidence is available to enable proceedings to be brought\nin respect of the alleged violation, flag States shall\nwithout delay institute such proceedings in accordance\nwith their laws. 7. Flag States shall promptly inform the requesting State\nand the competent international organisation of the\naction taken and its outcome. Such information shall be\navailable to all States. Article 218\n\nEnforcement by port States\n\n1. When a vessel is voluntarily within a port or at an\noff-shore terminal of a State, that State may undertake\ninvestigations and, where the evidence so warrants,\ninstitute proceedings in respect of any discharge from\nthat vessel outside the internal waters, territorial sea or\nexclusive economic zone of that State in violation of\napplicable international rules and standards established\nthrough the competent international organisation or\ngeneral diplomatic conference. 2. No proceedings pursuant to paragraph 1 shall be\ninstituted in respect of a discharge violation in the\ninternal waters, territorial sea or exclusive economic zone\nof another State unless requested by that State, the flag\nState, or a State damaged or threatened by the discharge\nviolation, or unless the violation has caused or is likely to\ncause pollution in the internal waters, territorial sea or\nexclusive economic zone of the State instituting the\nproceedings. 3. When a vessel is voluntarily within a port or at an\noff-shore terminal of a State, that State shall, as far as\npracticable, comply with requests from any State for\ninvestigation of a discharge violation referred to in\nparagraph 1, believed to have occurred in, caused, or\nthreatened damage to the internal waters, territorial sea\nor exclusive economic zone of the requesting State. It\nshall likewise, as far as practicable, comply with requests\nfrom the flag State for investigation of such a violation,\nirrespective of where the violation occurred. 4. The records of the investigation carried out by a port\nState pursuant to this article shall be transmitted upon\nrequest to the flag State or to the coastal State. Any\nproceedings instituted by the port State on the basis of\nsuch an investigation may, subject so Section 7, be\nsuspended at the request of the coastal State when the\ninternal waters,\nviolation has occurred within \nterritorial sea or exclusive economic zone. The evidence\nand records of the case, together with any bond or other\nfinancial security posted with the authorities of the port\nState, shall in that event be transmitted to the coastal\nState. Such transmittal shall preclude the continuation of\nproceedings in the port State. its \n\nArticle 219\n\nMeasures relating to seaworthiness of vessels to avoid\npollution\n\n8. Penalties provided for by the laws and regulations of\nStates for vessels flying their flag shall be adequate in\nseverity to discourage violations wherever they occur. Subject to Section 7, States which, on request or on their\nown initiative, have ascertained that a vessel within\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/61\n\none of their ports or at one of their off-shore terminals is\nin violation of applicable \ninternational rules and\nstandards relating to seaworthiness of vessels and thereby\nthreatens damage to the marine environment shall, as far\nas practicable, take administrative measures to prevent\nthe vessel from sailing. Such States may permit the vessel\nto proceed only to the nearest appropriate repair yard\nand, on removal of the causes of the violation, shall\npermit the vessel to continue immediately. Article 220\n\nEnforcement by coastal States\n\n1. When a vessel is voluntarily within a port or at an\noff-shore terminal of a State, that State may, subject to\nSection 7, institute proceedings in respect of any violation\nof its laws and regulations adopted in accordance with\nthis Convention or applicable international rules and\nstandards for the prevention, reduction and control of\npollution from vessels when the violation has occurred\nwithin the territorial sea or the exclusive economic zone\nof that State. 2. Where there are clear grounds for believing that a\nvessel navigating in the territorial sea of a State has,\nduring its passage therein, violated laws and regulations\nof that State adopted in accordance with this Convention\nor applicable international rules and standards for the\nprevention, reduction and control of pollution from\nvessels, that State, without prejudice to the application of\nthe relevant provisions of part II, Section 3, may\nundertake physical inspection of the vessel relating to the\nviolation and may, where the evidence so warrants,\ninstitute proceedings, including detention of the vessel, in\naccordance with its laws, subject to the provisions of\nSection 7. 3. Where there are clear grounds for believing that a\nvessel navigating in the exclusive economic zone or the\nterritorial sea of a State has, in the exclusive economic\nzone, committed a violation of applicable international\nrules and standards for the prevention, reduction and\ncontrol of pollution from vessels or laws and regulations\nof that State conforming and giving effect to such rules\nand standards, that State may require the vessel to give\ninformation regarding its identity and port of registry, its\nits next port of call and other relevant\nlast and \ninformation required to establish whether a violation has\noccurred. 5. Where there are clear grounds for believing that a\nvessel navigating in the exclusive economic zone or the\nterritorial sea of a State has, in the exclusive economic\nzone, committed a violation referred to in paragraph 3\nresulting in a substantial discharge causing or threatening\nsignificant pollution of the marine environment, that\nState may undertake physical inspection of the vessel for\nmatters relating to the violation if the vessel has refused\nto give information or if the information supplied by the\nvessel is manifestly at variance with the evident factual\nsituation and if the circumstances of the case justify such\ninspection. 6. Where there is clear objective evidence that a vessel\nnavigating \nin the exclusive economic zone or the\nterritorial sea of a State has, in the exclusive economic\nzone, committed a violation referred to in paragraph 3\nresulting in a discharge causing major damage or threat\nof major damage to the coastline or related interests of\nthe coastal State, or to any resources of its territorial sea\nor exclusive economic zone, that State may, subject to\nSection 7, provided that the evidence so warrants,\ninstitute proceedings, including detention of the vessel, in\naccordance with its laws. 7. Notwithstanding the provisions of paragraph 6,\nwhenever appropriate procedures have been established,\neither through the competent international organisation\nor as otherwise agreed, whereby compliance with\nrequirements for bonding or other appropriate financial\nsecurity has been assured, the coastal State if bound by\nsuch procedures shall allow the vessel to proceed. 8. The provisions of paragraphs 3, 4, 5, 6 and 7 also\napply in respect of national laws and regulations adopted\npursuant to Article 211(6). Article 221\n\nMeasures to avoid pollution arising from maritime\ncasualties\n\ninternational \n\n1. Nothing in this part shall prejudice the right of States,\npursuant to \nlaw, both customary and\nconventional, to take and enforce measures beyond the\nterritorial sea proportionate to the actual or threatened\ndamage to protect their coastline or related interests,\nincluding fishing, from pollution or threat of pollution\nfollowing a maritime casualty or acts relating to such a\ncasualty, which may reasonably be expected to result in\nmajor harmful consequences. 4. States shall adopt laws and regulations and take other\nmeasures so that vessels flying their flag comply with\nrequests for information pursuant to paragraph 3. 2. For the purposes of this article, \u2018maritime casualty\u2019\nmeans a collision of vessels, stranding or other incident of\n\n\fL 179/62\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nnavigation, or other occurrence on board a vessel or\nexternal to it resulting in material damage or imminent\nthreat of material damage to a vessel or cargo. Article 225\n\nDuty to avoid adverse consequences in the exercise of\nthe powers of enforcement\n\nArticle 222\n\nEnforcement with respect to pollution from or through\nthe atmosphere\n\nStates shall enforce, within the air space under their\nsovereignty or with regard to vessels flying their flag or\nvessels or aircraft of their registry, their laws and\nregulations adopted in accordance with Article 212(1),\nand with other provisions of this Convention and shall\nadopt laws and regulations and take other measures\nnecessary to implement applicable international rules and\nstandards established through competent international\norganisations or diplomatic conference to prevent, reduce\nand control pollution of the marine environment from or\nthrough the atmosphere, in conformity with all relevant\ninternational rules and standards concerning the safety of\nair navigation. SECTION 7\n\nSAFEGUARDS\n\nArticle 223\n\nMeasures to facilitate proceedings\n\nthe competent \n\nIn proceedings instituted pursuant to this part, States\nshall take measures to facilitate the hearing of witnesses\nand the admission of evidence submitted by authorities of\nanother State, or by \ninternational\norganisation, and shall facilitate the attendance at such\nproceedings of official representatives of the competent\ninternational organisation, the flag State and any State\naffected by pollution arising out of any violation. The\nofficial representatives attending such proceedings shall\nhave such rights and duties as may be provided under\nnational laws and regulations or international law. In the exercise under this Convention of their powers of\nenforcement against foreign vessels, States shall not\nendanger the safety of navigation or otherwise create any\nhazard to a vessel, or bring it to an unsafe port or\nanchorage, or expose the marine environment to an\nunreasonable risk. Article 226\n\nInvestigation of foreign vessels\n\n1. (a) States shall not delay a foreign vessel longer than\nis essential for purposes of the investigations\nprovided for in Articles 216, 218 and 220. Any\nphysical inspection of a foreign vessel shall be\nlimited to an examination of such certificates,\nrecords or other documents as the vessel is\nrequired \naccepted\ninternational rules and standards or of any similar\ndocuments which it is carrying; further physical\ninspection of the vessel may be undertaken only\nafter such an examination and only when:\n\ncarry by \n\ngenerally \n\nto \n\n(i) \n\nthere are clear grounds for believing that the\ncondition of the vessel or its equipment does\nthe\nnot \nparticulars of those documents;\n\nsubstantially with \n\ncorrespond \n\n(ii) the contents of such documents are not\nsufficient to confirm or verify a suspected\nviolation; or\n\n(iii) the vessel is not carrying valid certificates and\n\nrecords. (b) If the \n\ninvestigation \n\nindicates a violation of\napplicable laws and regulations or international\nrules and standards for the protection and\npreservation of the marine environment, release\nshall be made promptly subject to reasonable\nprocedures such as bonding or other appropriate\nfinancial security. Article 224\n\nExercise of powers of enforcement\n\nThe powers of enforcement against foreign vessels under\nthis part may only be exercised by officials or by\nwarships, military aircraft, or other ships or aircraft\nclearly marked and identifiable as being on government\nservice and authorised to that effect. (c) Without prejudice to applicable international rules\nand standards relating to the seaworthiness of\nvessels, the release of a vessel may, whenever it\nwould present an unreasonable threat of damage\nto the marine environment, be refused or made\nthe nearest\nconditional on proceeding \nappropriate repair yard. Where release has been\nrefused or made conditional, the flag State of the\nvessel must be promptly notified, and may seek\nrelease of the vessel in accordance with part XV. to \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/63\n\n2. States shall cooperate to develop procedures for the\navoidance of unnecessary physical inspection of vessels at\nsea. Article 229\n\nInstitution of civil proceedings\n\nArticle 227\n\nNon-discrimination with respect to foreign vessels\n\nIn exercising their rights and performing their duties\nunder this part, States shall not discriminate in form or in\nfact against vessels of any other State. Article 228\n\nSuspension and restrictions on institution of proceedings\n\nto \n\nrelating \n\nlaws and \nstandards \n\n1. Proceedings to impose penalties in respect of any\nregulations or\nviolation of applicable \ninternational \nthe\nrules and \nprevention, reduction and control of pollution from\nvessels committed by a foreign vessel beyond the\nterritorial sea of the State instituting proceedings shall be\nsuspended on the taking of proceedings to impose\npenalties in respect of corresponding charges by the flag\nState within six months of the date on which proceedings\nwere first instituted, unless those proceedings relate to a\ncase of major damage to the coastal State or the flag\nState in question has repeatedly disregarded its obligation\nto enforce effectively the applicable international rules\nand standards in respect of violations committed by its\nvessels. The flag State shall in due course make available\nto the State previously instituting proceedings a full\ndossier of the case and the records of the proceedings,\nwhenever the flag State has requested the suspension of\nproceedings \nin accordance with this Article. When\nproceedings instituted by the flag State have been brought\nto a conclusion, the suspended proceedings shall be\nterminated. On payment of costs incurred in respect of\nsuch proceedings, any bond posted or other financial\nsecurity provided in connection with the suspended\nproceedings shall be released by the coastal State. 2. Proceedings to impose penalties on foreign vessels\nshall not be instituted after the expiry of three years from\nthe date on which the violation was committed, and shall\nnot be taken by any State in the event of proceedings\nhaving been instituted by another State subject to the\nprovisions set out in paragraph 1. 3. The provisions of this Article are without prejudice to\nthe right of the flag State to take any measures, including\nproceedings to impose penalties, according to its laws\nirrespective of prior proceedings by another State. Nothing in this Convention affects the institution of civil\nproceedings in respect of any claim for loss or damage\nresulting from pollution of the marine environment. Article 230\n\nMonetary penalties and the observance of recognised\nrights of the accused\n\n1. Monetary penalties only may be imposed with respect\nto violations of national \nlaws and regulations or\napplicable international rules and standards for the\nprevention, reduction and control of pollution of the\nmarine environment, committed by \nforeign vessels\nbeyond the territorial sea. 2. Monetary penalties only may be imposed with respect\nto violations of national \nlaws and regulations or\napplicable international rules and standards for the\nprevention, reduction and control of pollution of the\nmarine environment, committed by foreign vessels in the\nterritorial sea, except in the case of a wilful and serious\nact of pollution in the territorial sea. In the conduct of proceedings in respect of such\n3. violations committed by a foreign vessel which may result\nin the imposition of penalties, recognised rights of the\naccused shall be observed. Article 231\n\nNotification to the flag State and other States concerned\n\nStates shall promptly notify the flag State and any other\nState concerned of any measures taken pursuant to\nSection 6 against foreign vessels, and shall submit to the\nflag State all official reports concerning such measures. However, with respect to violations committed in the\nterritorial sea, the foregoing obligations of the coastal\nState apply only to such measures as are taken in\nproceedings. The diplomatic agents or consular officers\nand where possible the maritime authority of the flag\nState, shall be \ninformed of any such\nmeasures taken pursuant to Section 6 against foreign\nvessels. immediately \n\nArticle 232\n\nLiability of States arising from enforcement measures\n\nStates shall be liable for damage or loss attributable to\nthem arising from measures taken pursuant to Section 6\n\n\fL 179/64\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nwhen such measures are unlawful or exceed those\nreasonably required in the light of available information. States shall provide for recourse in their courts for\nactions in respect of such damage or loss. Article 233\n\nSafeguards with respect to straits used for international\nnavigation\n\nNothing in Sections 5, 6 and 7 affects the legal regime of\nstraits used for international navigation. However, if a\nforeign ship other than those referred to in Section 10\nhas committed a violation of the laws and regulations\nreferred to in Article 42(1)(a) and (b), causing or\nthreatening major damage to the marine environment of\nthe straits, the States bordering the straits may take\nappropriate enforcement measures and if so shall respect\nmutatis mutandis the provisions of this section. preservation of the marine environment. They shall be\nliable in accordance with international law. 2. States shall ensure that recourse is available in\naccordance with their legal systems for prompt and\nadequate compensation or other relief in respect of\ndamage caused by pollution of the marine environment\nby natural or juridical persons under their jurisdiction. 3. With the objective of assuring prompt and adequate\nin respect of all damage caused by\ncompensation \npollution of \nthe marine environment, States shall\ncooperate in the implementation of existing international\nlaw and the further development of international law\nrelating to responsibility and liability for the assessment\nof and compensation for damage and the settlement of\nrelated disputes, as well as, where appropriate,\ndevelopment of criteria and procedures for payment of\nadequate compensation, such as compulsory insurance or\ncompensation funds. SECTION 8\n\nICE-COVERED AREAS\n\nArticle 234\n\nIce-covered areas\n\nfor \n\nlaws and \n\nregulations \n\nCoastal States have the right to adopt and enforce\nnon-discriminatory \nthe\nprevention, reduction and control of marine pollution\nfrom vessels in ice-covered areas within the limits of the\nexclusive economic zone, where particularly severe\nclimatic conditions and the presence of ice covering such\nareas for most of the year create obstructions or\nexceptional hazards to navigation, and pollution of the\nmarine environment could cause major harm to or\nirreversible disturbance of the ecological balance. Such\nlaws and regulations shall have due regard to navigation\nand the protection and preservation of the marine\nenvironment based on the best available scientific\nevidence. SECTION 9\n\nRESPONSIBILITY AND LIABILITY\n\nArticle 235\n\nResponsibility and liability\n\nSECTION 10\n\nSOVEREIGN IMMUNITY\n\nArticle 236\n\nSovereign immunity\n\nthis Convention regarding \n\nThe provisions of \nthe\nprotection and preservation of the marine environment\ndo not apply to any warship, naval auxiliary, other\nvessels or aircraft owned or operated by a State and used,\nfor the time being, only on government non-commercial\nservice. However, each State shall ensure, by the adoption\nof appropriate measures not impairing operations or\noperational capabilities of such vessels or aircraft owned\nor operated by it, that such vessels or aircraft act in a\nmanner consistent, so far as is reasonable and practicable,\nwith this Convention. SECTION 11\n\nOBLIGATIONS UNDER OTHER CONVENTIONS ON THE\nPROTECTION AND PRESERVATION OF THE MARINE\nENVIRONMENT\n\nArticle 237\n\nObligations under other conventions on the protection\nand preservation of the marine environment. 1. States are responsible for the fulfilment of their\ninternational obligations concerning the protection and\n\n1. The provisions of this part are without prejudice to\nthe specific obligations assumed by States under special\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/65\n\nconventions and agreements concluded previously which\nrelate to the protection and preservation of the marine\nenvironment and to agreements which may be concluded\nin furtherance of the general principles set forth in this\nConvention. 2. Specific obligations assumed by States under special\nconventions, with \nthe protection and\npreservation of the marine environment, should be\ncarried out in a manner consistent with the general\nprinciples and objectives of this Convention. respect \n\nto \n\nPART XIII\n\nMARINE SCIENTIFIC RESEARCH\n\nSECTION 1\n\nGENERAL PROVISIONS\n\nArticle 238\n\nRight to conduct marine scientific research\n\nAll States, irrespective of their geographical location, and\ncompetent international organisations have the right to\nconduct marine scientific research subject to the rights\nand duties of other States as provided for in this\nConvention. (d) marine scientific research shall be conducted \n\nin\ncompliance with all relevant regulations adopted in\nconformity with this Convention including those for\nthe protection and preservation of \nthe marine\nenvironment. Article 241\n\nNon-recognition of marine scientific research activities\nas the legal basis for claims\n\nMarine scientific research activities shall not constitute\nthe legal basis for any claim to any part of the marine\nenvironment or its resources. Article 239\n\nPromotion of marine scientific research\n\nStates and competent international organisations shall\npromote and facilitate the development and conduct of\nmarine scientific research \nthis\nConvention. in accordance with \n\nSECTION 2\n\nINTERNATIONAL COOPERATION\n\nArticle 242\n\nPromotion of international cooperation\n\nArticle 240\n\nGeneral principles for the conduct of marine scientific\nresearch\n\nIn the conduct of marine scientific research the following\nprinciples shall apply:\n\n(a) marine \n\nscientific \n\nresearch \n\nshall be \n\nconducted\n\nexclusively for peaceful purposes;\n\n(b) marine scientific research shall be conducted with\nappropriate scientific methods and means compatible\nwith this Convention;\n\n(c) marine scientific research shall not unjustifiably\ninterfere with other \nlegitimate uses of the sea\ncompatible with this Convention and shall be duly\nrespected in the course of such uses;\n\n1. States and competent \ninternational organisations\nshall, in accordance with the principle of respect for\nsovereignty and jurisdiction and on the basis of mutual\nbenefit, promote international cooperation in marine\nscientific research for peaceful purposes. 2. In this context, without prejudice to the rights and\nduties of States under this Convention, a State, in the\napplication of this part, shall provide, as appropriate,\nother States with a reasonable opportunity to obtain\nfrom it, or with its cooperation, information necessary to\nprevent and control damage to the health and safety of\npersons and to the marine environment. Article 243\n\nCreation of favourable conditions\n\nStates and competent international organisations shall\ncooperate, through the conclusion of bilateral and\n\n\fL 179/66\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nmultilateral agreements, to create favourable conditions\nfor the conduct of marine scientific research in the\nmarine environment and to integrate the efforts of\nscientists in studying the essence of phenomena and\nprocesses occurring in the marine environment and the\ninterrelations between them. on their continental shelf in accordance with the relevant\nprovisions of this Convention. 2. Marine scientific research in the exclusive economic\nzone and on the continental shelf shall be conducted with\nthe consent of the coastal State. Article 244\n\nPublication and dissemination of information and\nknowledge\n\n1. States and competent \ninternational organisations\nshall, in accordance with this Convention, make available\nby publication and dissemination through appropriate\nchannels information on proposed major programmes\nand their objectives as well as knowledge resulting from\nmarine scientific research. 2. For this purpose, States, both individually and in\ncooperation with other States and with competent\ninternational organisations, shall actively promote the\nflow of scientific data and information and the transfer\nof knowledge resulting from marine scientific research,\nespecially \nthe\nthe autonomous marine scientific\nstrengthening of \nresearch capabilities of developing States through, inter\nalia, programmes to provide adequate education and\ntraining of their technical and scientific personnel. to developing States, as well as \n\nSECTION 3\n\nCONDUCT AND PROMOTION OF MARINE SCIENTIFIC\nRESEARCH\n\nArticle 245\n\nMarine scientific research in the territorial sea\n\nCoastal States, in the exercise of their sovereignty, have\nthe exclusive right to regulate, authorise and conduct\nmarine scientific research in their territorial sea. Marine\nscientific research therein shall be conducted only with\nthe express consent of and under the conditions set forth\nby the coastal State. to be carried out \n\n3. Coastal States shall, in normal circumstances, grant\ntheir consent for marine scientific research projects by\nother States or competent international organisations in\ntheir exclusive economic zone or on their continental\nthis\nshelf \nConvention exclusively for peaceful purposes and in\norder to increase scientific knowledge of the marine\nenvironment for the benefit of all mankind. To this end,\ncoastal States shall establish rules and procedures\nensuring that such consent will not be delayed or denied\nunreasonably. in accordance with \n\n4. For the purposes of applying paragraph 3, normal\ncircumstances may exist in spite of the absence of\ndiplomatic relations between the coastal State and the\nresearching State. 5. Coastal States may however \nin their discretion\nwithhold their consent to the conduct of a marine\nscientific research project of another State or competent\ninternational organisation in the exclusive economic zone\nor on the continental shelf of the coastal State if that\nproject:\n\n(a) is of direct significance for the exploration and\nexploitation of natural resources, whether living or\nnon-living;\n\n(b) involves drilling into the continental shelf, the use of\nexplosives or the introduction of harmful substances\ninto the marine environment;\n\n(c) involves \n\nthe construction, operation or use of\nartificial islands, installations and structures referred\nto in Articles 60 and 80;\n\n(d) contains \n\ninformation communicated pursuant \n\nto\nArticle 248 regarding the nature and objectives of the\nproject which is inaccurate or if the researching State\nor \nhas\noutstanding obligations to the coastal State from a\nprior research project. international \n\norganisation \n\ncompetent \n\nArticle 246\n\nMarine scientific research in the exclusive economic\nzone and on the continental shelf\n\n1. Coastal States, in the exercise of their jurisdiction,\nhave the right to regulate, authorise and conduct marine\nscientific research in their exclusive economic zone and\n\n6. Notwithstanding the provisions of paragraph 5,\ncoastal States may not exercise their discretion to\nwithhold consent under subparagraph \nthat\nparagraph in respect of marine scientific research projects\nto be undertaken in accordance with the provisions of\nthis part on the continental shelf, beyond 200 nautical\nmiles from the baselines from which the breadth of the\nterritorial sea is measured, outside those specific areas\nwhich coastal States may at any time publicly designate\nas areas in which exploitation or detailed exploratory\n\n(a) of \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/67\n\noperations focused on those areas are occurring or will\noccur within a reasonable period of time. Coastal States\nshall give reasonable notice of the designation of such\nareas, as well as any modifications thereto, but shall not\nbe obliged to give details of the operations therein. (d) the expected date of first appearance and final\ndeparture of the research vessels, or deployment of\nthe equipment and its removal, as appropriate;\n\n(e) the name of the sponsoring institution, its director,\n\nand the person in charge of the project; and\n\n7. The provisions of paragraph 6 are without prejudice\nto the rights of coastal States over the continental shelf as\nestablished in Article 77. 8. Marine scientific research activities referred to in this\nArticle shall not unjustifiably interfere with activities\nundertaken by coastal States in the exercise of their\nsovereign rights and jurisdiction provided for in this\nConvention. Article 247\n\nMarine scientific research projects undertaken by or\nunder the auspices of international organisations\n\nA coastal State which is a member of or has a bilateral\nagreement with an international organisation, and in\nwhose exclusive economic zone or on whose continental\nshelf that organisation wants to carry out a marine\nscientific research project, directly or under its auspices,\nshall be deemed to have authorised the project to be\ncarried out in conformity with the agreed specifications if\nthat State approved the detailed project when the\ndecision was made by \nthe\nundertaking of the project, or is willing to participate in\nit, and has not expressed any objection within four\nmonths of notification of the project by the organisation\nto the coastal State. the organisation \n\nfor \n\nArticle 248\n\nDuty to provide information to the coastal State\n\nStates and competent international organisations which\nintend to undertake marine scientific research in the\nexclusive economic zone or on the continental shelf of a\ncoastal State shall, not less than six months in advance of\nthe expected starting date of the marine scientific\nresearch project, provide that State with a full description\nof:\n\n(a) the nature and objectives of the project;\n\n(b) the method and means to be used, including name,\ntonnage, type and class of vessels and a description of\nscientific equipment;\n\n(f) the extent to which it is considered that the coastal\nto be\n\nto participate or \n\nState should be able \nrepresented in the project. Article 249\n\nDuty to comply with certain conditions\n\ninternational organisations\n1. States and competent \nwhen undertaking marine scientific research \nin the\nexclusive economic zone or on the continental shelf of a\ncoastal State shall comply with the following conditions:\n\n(a) ensure the right of the coastal State, if it so desires, to\nparticipate or be represented in the marine scientific\nresearch project, especially on board research vessels\nand other craft or scientific research installations,\nany\nwhen practicable, without payment of \nremuneration to the scientists of the coastal State and\nwithout obligation to contribute towards the costs of\nthe project;\n\n(b) provide the coastal State, at \n\nits request, with\npreliminary reports, as soon as practicable, and with\nthe final results and conclusions after the completion\nof the research;\n\n(c) undertake to provide access for the coastal State, at\nits request, to all data and samples derived from the\nmarine scientific research project and likewise to\nfurnish it with data which may be copied and samples\nwhich may be divided without detriment to their\nscientific value;\n\n(d) if requested, provide the coastal State with an\nassessment of such data, samples and research results\ntheir assessment or\nor provide assistance \ninterpretation;\n\nin \n\n(e) ensure, subject to paragraph 2, that the research\nresults are made internationally available through\nappropriate national or international channels, as\nsoon as practicable;\n\n(f) inform the coastal State immediately of any major\n\nchange in the research programme;\n\n(g) unless otherwise agreed, remove the scientific research\ninstallations or equipment once the research \nis\ncompleted. (c) the precise geographical areas in which the project is\n\nto be conducted;\n\n2. This Article is without prejudice to the conditions\nestablished by the laws and regulations of the coastal\n\n\fL 179/68\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nState for the exercise of its discretion to grant or\nwithhold consent pursuant to Article 246(5), including\nrequiring prior agreement for making internationally\navailable the research results of a project of direct\nsignificance for the exploration and exploitation of\nnatural resources. Article 250\n\nCommunications concerning marine scientific research\nprojects\n\nCommunications \nscientific\nresearch projects shall be made through appropriate\nofficial channels, unless otherwise agreed. the marine \n\nconcerning \n\nArticle 251\n\nGeneral criteria and guidelines\n\nseek \n\nshall \n\nthrough competent\nto promote \nStates \ninternational organisations the establishment of general\ncriteria and guidelines to assist States in ascertaining the\nnature and implications of marine scientific research. Article 252\n\nImplied consent\n\nStates or competent international organisations may\nproceed with a marine scientific research project six\nmonths after the date on which the information required\npursuant to Article 248 was provided to the coastal State\nunless within four months of the receipt of the\ncommunication containing such information the coastal\nState has informed the State or organisation conducting\nthe research that:\n\n(a) it has withheld its consent under the provisions of\n\nArticle 246; or\n\n(b) the information given by that State or competent\ninternational organisation regarding the nature or\nobjectives of the project does not conform to the\nmanifestly evident facts; or\n\n(c) it requires supplementary information relevant to\nconditions and the information provided for under\nArticles 248 and 249; or\n\n(d) outstanding obligations exist with respect to a\nprevious marine scientific research project carried out\nby that State or organisation, with regard to\nconditions established in Article 249. Article 253\n\nSuspension or cessation of marine scientific research\nactivities\n\n1. A coastal State shall have the right to require the\nsuspension of any marine scientific research activities in\nprogress within its exclusive economic zone or on its\ncontinental shelf if:\n\n(a) the research activities are not being conducted in\naccordance with the information communicated as\nprovided under Article 248 on which the consent of\nthe coastal State was based; or\n\n(b) the State or competent international organisation\nconducting the research activities fails to comply with\nthe provisions of Article 249 concerning the rights of\nthe coastal State with respect to the marine scientific\nresearch project. 2. A coastal State shall have the right to require the\ncessation of any marine scientific research activities in\ncase of any non-compliance with the provisions of Article\n248 which amounts to a major change in the research\nproject or the research activities. 3. A coastal State may also require cessation of marine\nscientific research activities if any of the situations\ncontemplated in paragraph 1 are not rectified within a\nreasonable period of time. 4. Following notification by the coastal State of its\ndecision to order suspension or cessation, States or\nto\ncompetent \nconduct marine \nshall\nterminate the research activities that are the subject of\nsuch a notification. international organisations authorised \n\nresearch activities \n\nscientific \n\n5. An order of suspension under paragraph 1 shall be\nlifted by the coastal State and the marine scientific\nresearch activities allowed \nthe\nresearching State or competent international organisation\nhas complied with the conditions required under Articles\n248 and 249. to continue once \n\nArticle 254\n\nRights of neighbouring land-locked and geographically\ndisadvantaged States\n\n1. States and competent \ninternational organisations\nwhich have submitted to a coastal State a project to\nundertake marine scientific research referred to in Article\n249(3) shall give notice to the neighbouring land-locked\nand geographically disadvantaged States or the proposed\nresearch project, and shall notify the coastal State\nthereof. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/69\n\n2. After the consent has been given for the proposed\nmarine scientific research project by the coastal State\nconcerned, in accordance with Article 246 and other\nrelevant provisions of this Convention, States and\ncompetent international organisations undertaking such a\nproject shall provide to the neighbouring land-locked and\ngeographically disadvantaged States, at their request and\nwhen appropriate, relevant information as specified in\nArticle 248 and Article 249(1)(f). 3. The neighbouring land-locked and geographically\ndisadvantaged States referred to above shall, at their\nrequest, be given the opportunity to participate, whenever\nfeasible, in the proposed marine scientific research project\nthrough qualified experts appointed by them and not\nobjected to by the coastal State, in accordance with the\nconditions agreed for the project, in conformity with the\nprovisions of this Convention, between the coastal State\nconcerned and the State or competent international\norganisations conducting the marine scientific research. to \n\nin paragraph 1 shall provide \n\ninternational organisations\n4. States and competent \nthe\nreferred \nabovementioned \ngeographically\ndisadvantaged States, at their request, the information\nand assistance specified in Article 249(1)(d), subject to\nthe provisions of Article 249(2). land-locked \n\nand \n\nto \n\nArticle 255\n\nMeasures to facilitate marine scientific research and\nassist research vessels\n\nStates shall endeavour \nto adopt reasonable rules,\nregulations and procedures to promote and facilitate\nmarine scientific research conducted in accordance with\nthis Convention beyond their territorial sea and, as\nappropriate, to facilitate, subject to the provisions of\ntheir laws and regulations, access to their harbours and\npromote assistance for marine scientific research vessels\nwhich comply with the relevant provisions of this part. Article 256\n\nMarine scientific research in the area\n\nconformity with this Convention, to conduct marine\nscientific research in the water column beyond the limits\nof the exclusive economic zone. SECTION 4\n\nSCIENTIFIC RESEARCH INSTALLATIONS OR\nEQUIPMENT IN THE MARINE ENVIRONMENT\n\nArticle 258\n\nDeployment and use\n\nThe deployment and use of any type of scientific research\ninstallations or equipment in any area of the marine\nenvironment shall be subject to the same conditions as\nare prescribed in this Convention for the conduct of\nmarine scientific research in any such area. Article 259\n\nLegal status\n\nThe installations or equipment referred to in this section\ndo not possess the status of islands. They have no\nterritorial sea of their own, and their presence does not\naffect the delimitation of the territorial sea, the exclusive\neconomic zone or the continental shelf. Article 260\n\nSafety zones\n\nSafety zones of a reasonable breadth not exceeding a\ndistance of 500 metres may be created around scientific\nresearch installations in accordance with the relevant\nprovisions of this Convention. All States shall ensure that\nsuch safety zones are respected by their vessels. Article 261\n\nNon-interference with shipping routes\n\nAll States, irrespective of their geographical location, and\ncompetent international organisations have the right, in\nconformity with the provisions of part XI, to conduct\nmarine scientific research in the area. The deployment and use of any type of scientific research\ninstallations or equipment shall not constitute an obstacle\nto established international shipping routes. Article 257\n\nArticle 262\n\nMarine scientific research in the water column beyond\nthe exclusive economic zone\n\nIdentification markings and warning signals\n\nAll States, irrespective of their geographical location, and\ncompetent international organisations have the right, in\n\nInstallations or equipment referred to in this section shall\nbear \nindicating the State of\nregistry or the international organisation to which they\n\nidentification markings \n\n\fL 179/70\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nbelong and shall have adequate internationally agreed\nwarning signals to ensure safety at sea and the safety of\nair navigation, taking into account rules and standards\nestablished by competent international organisations. damage caused by pollution of the marine environment\narising out of marine scientific research undertaken by\nthem or on their behalf. SECTION 5\n\nRESPONSIBILITY AND LIABILITY\n\nArticle 263\n\nResponsibility and liability\n\nSECTION 6\n\nSETTLEMENT OF DISPUTES AND INTERIM MEASURES\n\nArticle 264\n\nSettlement of disputes\n\n1. States and competent international organisations shall\nbe responsible \nthat marine scientific\nresearch, whether undertaken by them or on their behalf,\nis conducted in accordance with this Convention. for ensuring \n\nDisputes concerning the interpretation or application of\nthe provisions of this Convention with regard to marine\nscientific research shall be settled in accordance with Part\nXV, Sections 2 and 3. 2. States and competent international organisations shall\nbe responsible and liable for the measures they take in\ncontravention of this Convention in respect of marine\nscientific research conducted by other States, their natural\ninternational\nor \norganisations, and shall provide compensation \nfor\ndamage resulting from such measures. juridical persons or by competent \n\n3. States and competent international organisations shall\nbe responsible and liable pursuant to Article 235 for\n\nArticle 265\n\nInterim measures\n\nPending settlement of a dispute in accordance with Part\nXV, Sections 2 and 3, \nthe State or competent\ninternational organisation authorised to conduct a marine\nscientific research project shall not allow research\nactivities to commence or continue without the express\nconsent of the coastal State concerned. PART XIV\n\nDEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY\n\nSECTION 1\n\nGENERAL PROVISIONS\n\nArticle 266\n\nPromotion of the development and transfer of marine\ntechnology\n\n1. States, directly or through competent international\norganisations, shall cooperate in accordance with their\ncapabilities to promote actively the development and\ntransfer of marine science and marine technology on fair\nand reasonable terms and conditions. 2. States shall promote the development of the marine\nscientific and technological capacity of States which may\nneed and request technical assistance \nin this field,\nparticularly developing States, including land-locked and\ngeographically disadvantaged States, with regard to the\n\nexploration, exploitation, conservation and management\nof marine resources, the protection and preservation of\nthe marine environment, marine scientific research and\nother activities in the marine environment compatible\nwith this Convention, with a view to accelerating the\nsocial and economic development of the developing\nStates. 3. States shall endeavour to foster favourable economic\nand legal conditions for the transfer of marine technology\nfor the benefit of all parties concerned on an equitable\nbasis. Article 267\n\nProtection of legitimate interests\n\nStates, in promoting cooperation pursuant to Article 266,\nshall have due regard for all legitimate interest including,\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/71\n\ninter alia, the rights and duties of holders, suppliers and\nrecipients of marine technology. (d) promote \n\nexchange of \ntechnological and other experts;\n\nthe \n\nscientists and of\n\n(e) undertake projects and promote joint ventures and\nother forms of bilateral and multilateral cooperation. Article 268\n\nBasic objectives\n\nStates, directly or \norganisations, shall promote:\n\nthrough competent \n\ninternational\n\nSECTION 2\n\nINTERNATIONAL COOPERATION\n\n(a) the acquisition, evaluation and dissemination of\nmarine technological knowledge and facilitate access\nto such information and data;\n\nArticle 270\n\nWays and means of international cooperation\n\n(b) the development of appropriate marine technology;\n\n(c) the development of \n\ntechnological\ninfrastructure to facilitate the transfer of marine\ntechnology;\n\nthe necessary \n\n(d) the development of human resources through training\nand education of nationals of developing States and\ncountries and especially the nationals of the least\ndeveloped among them;\n\n(e) international cooperation at all levels, particularly at\n\nthe regional, subregional and bilateral levels. Article 269\n\nMeasures to achieve the basic objectives\n\nIn order to achieve the objectives referred to in Article\n268, States, directly or through competent international\norganisations, shall endeavour, inter alia, to:\n\n(a) establish programmes of technical cooperation for the\neffective transfer of all kinds of marine technology to\nStates which may need and request \ntechnical\nassistance in this field, particularly the developing\nland-locked and geographically disadvantaged States,\nas well as other developing States which have not\nbeen able either to establish or develop their own\ntechnological capacity in marine science and in the\nexploration and exploitation of marine resources or\nto develop the infrastructure of such technology;\n\n(b) promote favourable conditions for the conclusion of\nagreements, contracts and other similar arrangements,\nunder equitable and reasonable conditions;\n\n(c) hold conferences, seminars and symposia on scientific\nand technological subjects, in particular on policies\nand methods for the transfer of marine technology;\n\nfor \n\nthe development and\nInternational cooperation \ntransfer of marine technology shall be carried out, where\nfeasible and appropriate, through existing bilateral,\nregional or multilateral programmes, and also through\nexpanded and new programmes in order to facilitate\nmarine scientific research, \ntransfer of marine\ntechnology, particularly in new fields, and appropriate\ninternational \nand\nfor \ndevelopment. research \n\nfunding \n\nocean \n\nthe \n\nArticle 271\n\nGuidelines, criteria and standards\n\nshall promote \n\nthrough competent \n\ninternational\nStates, directly or \norganisations, \nthe establishment of\ngenerally accepted guidelines, criteria and standards for\nthe transfer of marine technology on a bilateral basis or\nwithin the framework of international organisations and\nother forums, taking into account, in particular, the\ninterests and needs of developing States. Article 272\n\nCoordination of international programmes\n\nto ensure \n\nIn the field of transfer of marine technology, States shall\nendeavour \ninternational\norganisations coordinate their activities, including any\nregional or global programmes, taking into account the\ninterests and needs of developing States, particularly\nland-locked and geographically disadvantaged States. that competent \n\nArticle 273\n\nCooperation with international organisations and the\nAuthority\n\nshall \n\ncooperate \n\nactively with \n\ncompetent\nStates \ninternational organisations and \nto\nencourage and facilitate the transfer to developing States,\ntheir nationals and the enterprise of skills and marine\ntechnology with regard to activities in the area. the Authority \n\n\fL 179/72\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 274\n\nObjectives of the Authority\n\nSubject to all legitimate interests including, inter alia, the\nrights and duties of holders, suppliers and recipients of\ntechnology, the Authority, with regard to activities in the\narea, shall ensure that:\n\n(a) on the basis of the principle of equitable geographical\ndistribution, nationals of developing States, whether\ncoastal, land-locked or geographically disadvantaged,\nshall be taken on for the purposes of training as\nmembers of the managerial, research and technical\nstaff constituted for its undertakings;\n\n(b) the \n\ntechnical documentation on \n\nrelevant\nequipment, machinery, devices and processes is made\navailable to all States, in particular developing States\nwhich may need and request technical assistance in\nthis field;\n\nthe \n\n(c) adequate provision is made by the Authority to\nfacilitate the acquisition of technical assistance in the\nfield of marine technology by States which may need\nand request it, in particular developing States, and the\nacquisition by their nationals of the necessary skills\nand know-how, including professional training;\n\n(d) States which may need and request \n\ntechnical\nassistance in this field, in particular developing States,\nare assisted in the aquisition of necessary equipment,\nprocesses, plant and other \ntechnical know-how\nthrough any financial arrangements provided for in\nthis Convention. SECTION 3\n\nNATIONAL AND REGIONAL MARINE SCIENTIFIC AND\nTECHNOLOGICAL CENTRES\n\nArticle 275\n\nEstablishment of national centres\n\n1. States, directly or through competent international\norganisations and the Authority, shall promote the\nestablishment, particularly in developing coastal States, of\nnational marine scientific and technological research\ncentres and the strengthening of existing national centres,\nin order to stimulate and advance the conduct of marine\nscientific research by developing coastal States and to\nenhance their national capabilities to utilise and preserve\ntheir marine resources for the economic benefit. 2. States, through competent international organisations\nand the Authority, shall give adequate support to\nfacilitate the establishment and strengthening of such\nnational centres so as to provide for advanced training\nfacilities and necessary equipment, skills and know-how\nas well as technical experts to such States which may\nneed and request such assistance. Article 276\n\nEstablishment of regional centres\n\nin \n\nthe \n\n1. States, \ncompetent\ncoordination with \ninternational organisations, the Authority and national\nmarine scientific and technological research institutions,\nshall promote the establishment of regional marine\nscientific and technological research centres, particularly\nin developing States, in order to stimulate and advance\nthe conduct of marine scientific research by developing\nStates and foster the transfer of marine technology. 2. All States of a region shall cooperate with the\nregional centres therein to ensure the more effective\nachievement of their objectives. Article 277\n\nFunctions of regional centres\n\nThe functions of such regional centres shall include, inter\nalia:\n\n(a) training and educational programmes at all levels on\nvarious aspects of marine scientific and technological\nresearch, particularly marine biology, \nincluding\nconservation and management of living resources,\noceanography, hydrography, engineering, geological\nexploration of the sea-bed, mining and desalination\ntechnologies;\n\n(b) management studies;\n\n(c) study programmes related to the protection and\npreservation of the marine environment and the\nprevention, reduction and control of pollution;\n\n(d) organisation of regional conferences, seminars and\n\nsymposia;\n\n(e) acquisition and processing of marine scientific and\n\ntechnological data and information;\n\n(f) prompt dissemination of results of marine scientific\nin readily available\n\ntechnological research \n\nand \npublications;\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/73\n\n(g) publicising national policies with regard to the\nsystematic\n\ntechnology and \n\ntransfer of marine \ncomparative study of those policies;\n\n(h) compilation and systematisation of information on\nthe marketing of technology and on contracts and\nother arrangements concerning patents;\n\n(i) technical cooperation with other States of \n\nthe\n\nregion. SECTION 4\n\nCOOPERATION AMONG INTERNATIONAL\nORGANISATIONS\n\nArticle 278\n\nCooperation among international organisations\n\nThe competent international organisations referred to in\nthis part and in part XIII shall take all appropriate\nmeasures to ensure, either directly or in close cooperation\namong themselves, the effective discharge of their\nfunctions and responsibilities under this part. PART XV\n\nSETTLEMENT OF DISPUTES\n\nSECTION 1\n\nGENERAL PROVISIONS\n\nArticle 279\n\nObligation to settle disputes by peaceful means\n\nStates Parties shall settle any dispute between them\nconcerning the \ninterpretation or application of this\nConvention by peaceful means in accordance with Article\n2, paragraph 3, of the Charter of the United Nations\nand, to this end, shall seek a solution by the means\nindicated in Article 33(1) of the Charter. Article 280\n\nSettlement of disputes by any peaceful means chosen by\nthe parties\n\nNothing in this part impairs the right of any States\nParties to agree at any time to settle a dispute between\nthem concerning the interpretation or application of this\nConvention by any peaceful means of their own choice. Article 281\n\nProcedure where no settlement has been reached by the\nparties\n\nIf the States Parties which are parties to a dispute\n1. interpretation or application of this\nconcerning the \nConvention have agreed to seek settlement of the dispute\nby a peaceful means of their own choice, the procedures\nprovided for in this part apply only where no settlement\nhas been reached by recourse to such means and the\n\nagreement between the parties does not exclude any\nfurther procedure. 2. If the parties have also agreed on a time limit,\nparagraph 1 applies only on the expiration of that time\nlimit. Article 282\n\nObligations under general, regional or bilateral\nagreements\n\nIf the States Parties which are parties to a dispute\nconcerning the \ninterpretation or application of this\nConvention have agreed, through a general, regional or\nbilateral agreement or otherwise, that such dispute shall,\nat the request of any party to the dispute, be submitted\nto a procedure that entails a binding decision, that\nprocedure shall apply in lieu of the procedures provided\nfor in this part, unless the parties to the dispute otherwise\nagree. Article 283\n\nObligation to exchange views\n\n1. When a dispute arises between States Parties\nconcerning the \ninterpretation or application of this\nConvention, the parties to the dispute shall proceed\nexpeditiously to an exchange of views regarding its\nsettlement by negotiation or other peaceful means. 2. The parties shall also proceed expeditiously to an\nexchange of views where a procedure for the settlement\n\n\fL 179/74\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nof such a dispute has been terminated without a\nsettlement or where a settlement has been reached and\nthe circumstances require consultation regarding the\nmanner of implementing the settlement. Article 287\n\nChoice of procedure\n\nArticle 284\n\nConciliation\n\n1. A State Party which is a party to a dispute concerning\nthe interpretation or application of this Convention may\ninvite the other party or parties to submit the dispute to\nconciliation in accordance with the procedure under\nAnnex V, Section 1, or another conciliation procedure. If the invitation is accepted and if the parties agree on\n2. the conciliation procedure to be applied, any party may\nsubmit the dispute to that procedure. If the invitation is not accepted or the parties do not\n3. agree on the procedure, the conciliation proceedings shall\nbe deemed to be terminated. 4. Unless the parties otherwise agree, when a dispute has\nbeen submitted to conciliation, the proceedings may be\nterminated only \nthe agreed\nconciliation procedure. in accordance with \n\nArticle 285\n\nApplication of this section to disputes submitted\npursuant to Part XI\n\nThis section applies to any dispute which pursuant to\nPart XI, Section 5, is to be settled in accordance with\nprocedures provided for in this part. If an entity other\nthan a State Party is a party to such a dispute, this\nsection applies mutatis mutandis. SECTION 2\n\nCOMPULSORY PROCEDURES ENTAILING BINDING\nDECISIONS\n\nArticle 286\n\nApplication of procedures under this section\n\nSubject to Section 3, any dispute concerning the\ninterpretation or application of this Convention shall,\nwhere no settlement has been reached by recourse to\nSection 1, be submitted at the request of any party to the\ndispute to the court or tribunal having jurisdiction under\nthis section. signing, \n\nratifying or acceding \n\nthis\n1. When \nConvention or at any time thereafter, a State shall be free\nto choose, by means of a written declaration, one or\nmore of the following means for the settlement of\ndisputes concerning the interpretation or application of\nthis Convention:\n\nto \n\n(a) the International Tribunal for the Law of the Sea\n\nestablished in accordance with Annex VI;\n\n(b) the International Court of Justice;\n\n(c) an arbitral tribunal constituted in accordance with\n\nAnnex VII;\n\n(d) a special arbitral tribunal constituted in accordance\nwith Annex VIII for one or more of the categories of\ndisputes specified therein. 2. A declaration made under paragraph 1 shall not\naffect or be affected by the obligations of a State Party to\naccept the jurisdiction of the Sea-bed Disputes Chamber\nof the International Tribunal for the Law of the Sea to\nthe extent and in the manner provided for in Part XI,\nSection 5. 3. A State Party, which is a party to a dispute not\ncovered by a declaration in force, shall be deemed to\nhave accepted arbitration in accordance with Annex\nVII. If the parties to a dispute have accepted the same\n4. procedure for the settlement of the dispute, it may be\nsubmitted only to that procedure, unless the parties\notherwise agree. 5. If the parties to a dispute have not accepted the same\nprocedure for the settlement of the dispute, it may be\nsubmitted only to arbitration in accordance with Annex\nVII, unless the parties otherwise agree. 6. A declaration made under paragraph 1 shall remain\nin force until three months after notice of revocation has\nbeen deposited with the Secretary-General of the United\nNations. 7. A new declaration, a notice of revocation or the\nexpiry of a declaration does not in any way affect\nproceedings pending before a court or tribunal having\njurisdiction under \nthe parties\notherwise agree. this Article, unless \n\n8. Declarations and notices referred to in this Article\nshall be deposited with the Secretary-General of the\nUnited Nations, who shall transmit copies thereof to the\nStates Parties. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/75\n\nArticle 288\n\nJurisdiction\n\nto the dispute and after the parties have been given an\nopportunity to be heard. 1. A court or tribunal referred to in Article 287 shall\nhave \nthe\njurisdiction over any dispute concerning \ninterpretation or application of this Convention which is\nsubmitted to it in accordance with this part. 4. The court or tribunal shall forthwith give notice to\nthe parties to the dispute, and to such other States Parties\nas \nthe prescription,\nmodification or revocation of provisional measures. it considers appropriate, of \n\n2. A court or tribunal referred to in Article 287 shall\nalso have jurisdiction over any dispute concerning the\ninterpretation or application of an \ninternational\nagreement related to the purposes of this Convention,\nin accordance with the\nit \nwhich \nagreement. is submitted to \n\n3. The Sea-bed Disputes Chamber of the International\nTribunal for the Law of the Sea established in accordance\nwith Annex VI, and any other chamber or arbitral\ntribunal referred to in Part XI, Section 5, shall have\njurisdiction in any matter which is submitted to it in\naccordance therewith. 4. In the event of a dispute as to whether a court or\ntribunal has jurisdiction, the matter shall be settled by\ndecision of that court or tribunal. Article 289\n\nExperts\n\nIn any dispute involving scientific or technical matters, a\ncourt or tribunal exercising jurisdiction under this section\nmay, at the request of a party or proprio motu, select in\nconsultation with the parties no fewer than two scientific\nor technical experts chosen preferably from the relevant\nlist prepared in accordance with Annex VIII, Article 2, to\nsit with the court or tribunal but without the right to\nvote. Article 290\n\nProvisional measures\n\nthat prima \n\nIf a dispute has been duly submitted to a court or\n1. tribunal which considers \nit has\njurisdiction under this part or Part XI, Section 5, the\ncourt or tribunal may prescribe any provisional measures\nwhich it considers appropriate under the circumstances to\npreserve the respective rights of the parties to the dispute\nor to prevent serious harm to the marine environment,\npending the final decision. facie \n\n2. Provisional measures may be modified or revoked as\nsoon as the circumstances justifying them have changed\nor ceased to exist. 3. Provisional measures may be prescribed, modified or\nrevoked under this Article only at the request of a party\n\n5. Pending the constitution of an arbitral tribunal to\nwhich a dispute is being submitted under this section, any\ncourt or tribunal agreed on by the parties or, failing such\nagreement within two weeks from the date of the request\nfor provisional measures, the International Tribunal for\nthe Law of the Sea or, with respect to activities in the\narea, the Sea-bed Disputes Chamber, may prescribe,\nmodify or revoke provisional measures in accordance\nwith this Article if it considers that prima facie the\ntribunal which \nto be constituted would have\njurisdiction and that the urgency of the situation so\nrequires. Once constituted, the tribunal to which the\ndispute has been submitted may modify, revoke or affirm\nthose provisional measures, acting in conformity with\nparagraphs 1 to 4. is \n\n6. The parties to the dispute shall comply promptly with\nany provisional measures prescribed under this Article. Article 291\n\nAccess\n\n1. All the dispute settlement procedures specified in this\npart shall be open to States Parties. 2. The dispute settlement procedures specified in this\npart shall be open to entities other than States Parties\nonly as specifically provided for in this Convention. Article 292\n\nPrompt release of vessels and crews\n\n1. Where the authorities of a State Party have detained a\nvessel flying the flag of another State Party and it is\nalleged that the detaining State has not complied with the\nprovisions of this Convention for the prompt release of\nthe vessel or its crew on the posting of a reasonable bond\nor other financial security, the question of release from\ndetention may be submitted to any court or tribunal\nagreed on by the parties or, failing such agreement within\n10 days from the time of detention, to a court or tribunal\naccepted by the detaining State under Article 287\n\n\fL 179/76\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nor to the International Tribunal for the Law of the Sea,\nunless the parties otherwise agree. Article 295\n\nExhaustion of local remedies\n\n2. The application for release may be made only by or\non behalf of the flag State of the vessel. 3. The court or tribunal shall deal without delay with\nthe application for release and shall deal only with the\nquestion of release, without prejudice to the merits of any\ncase before the appropriate domestic forum against the\nvessel, its owner or its crew. The authorities of the\ndetaining State remain competent to release the vessel or\nits crew at any time. 4. On the posting of the bond or other financial security\ndetermined by the court or tribunal, the authorities of the\ndetaining State shall comply promptly with the decision\nof the court or tribunal concerning the release of the\nvessel or its crew. Any dispute between States Parties concerning the\ninterpretation or application of this Convention may be\nsubmitted to the procedures provided for in this section\nonly after local remedies have been exhausted where this\nis required by international law. Article 296\n\nFinality and binding force of decisions\n\n1. Any decision rendered by a court or tribunal having\njurisdiction under this Section shall be final and shall be\ncomplied with by all the parties to the dispute. 2. Any such decision shall have no binding force except\nbetween the parties and in respect of that particular\ndispute. Article 293\n\nApplicable law\n\n1. A court or tribunal having jurisdiction under this\nSection shall apply this Convention and other rules of\ninternational \nthis\nConvention. incompatible with \n\nlaw \n\nnot \n\n2. Paragraph 1 does not prejudice the power of the\ncourt or tribunal having jurisdiction under this section to\ndecide a case ex aequo et bono, if the parties so agree. Article 294\n\nPreliminary proceedings\n\n1. A court or tribunal provided for in Article 387 to\nwhich an application is made in respect of a dispute\nreferred to in Article 297 shall determine at the request of\na party, or may determine proprio motu, whether the\nclaim constitutes an abuse of legal process or whether\nprima facie it is well founded. If the court or tribunal\ndetermines that the claim constitutes an abuse of legal\nprocess or is prima facie unfounded, it shall take no\nfurther action in the case. 2. On receipt of the application, the court or tribunal\nshall immediately notify the other party or parties of the\napplication, and shall fix a reasonable time limit within\nwhich they may request it to make a determination in\naccordance with paragraph 1. 3. Nothing in this Article affects the right of any party\nto a dispute \nin\naccordance with the applicable rules of procedure. to make preliminary objections \n\nSECTION 3\n\nLIMITATIONS AND EXCEPTIONS TO APPLICABILITY OF\nSECTION 2\n\nArticle 297\n\nLimitations on applicability of Section 2\n\n1. Disputes concerning the interpretation or application\nof this Convention with regard to the exercise by a\ncoastal State of \njurisdiction\nprovided for in this Convention shall be subject to the\nprocedures provided for in Section 2 in the following\ncases:\n\nits sovereign rights or \n\n(a) when it is alleged that a coastal State has acted in\ncontravention of the provisions of this Convention in\nregard to the freedoms and rights of navigation,\noverflight or the laying of submarine cables and\npipelines, or in regard to other internationally lawful\nuses of the sea specified in Article 58;\n\n(b) when it is alleged that a State in exercising the\naforementioned freedoms, rights or uses has acted in\ncontravention of this Convention or of laws or\nregulations adopted by the coastal State in conformity\nwith this Convention and other rules of international\nlaw not incompatible with this Convention; or\n\n(c) when it is alleged that a coastal State has acted in\ncontravention of specified international rules and\nstandards for the protection and preservation of the\nmarine environment which are applicable to the\ncoastal State and which have been established by this\nConvention or through a competent international\norganisation or diplomatic conference in accordance\nwith this Convention. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/77\n\n2. (a) Disputes \n\nthe \n\nconcerning \n\ninterpretation or\napplication of the provisions of this Convention\nwith regard to marine scientific research shall be\nsettled in accordance with Section 2, except that\nthe coastal State shall not be obliged to accept the\nsubmission to such settlement of any dispute\narising out of:\n\n(i) the exercise by the coastal State of a right or\n\ndiscretion in accordance with Article 246; or\n\n(ii) a decision by the coastal State to order\nsuspension or cessation or a research project\nin accordance with Article 253. (b) A dispute arising from an allegation by the\nresearching State that with respect to a specific\nproject the coastal State is not exercising its rights\nin a manner\nunder Articles 246 and 253 \ncompatible with \nshall be\nsubmitted, at the request of either party, to\nconciliation under Annex V, Section 2, provided\nthat the Conciliation Commission shall not call in\nquestion the exercise by the coastal State of its\ndiscretion to designate specific areas as referred to\nin Article 246(6), or of its discretion to withhold\nconsent in accordance with Article 246(5). this Convention \n\n3. (a) Disputes \n\nthe \n\nconcerning \n\ninterpretation or\napplication of the provisions of this Convention\nwith regard to fisheries shall be settled \nin\naccordance with Section 2, except that the coastal\nState shall not be obliged to accept the submission\nto such settlement of any dispute relating to its\nliving\nsovereign rights with respect \nresources in the exclusive economic zone or their\nexercise, including its discretionary powers for\ndetermining the allowable catch, its harvesting\ncapacity, the allocation of surpluses to other\nStates and the terms and conditions established in\nits conservation and management \nlaws and\nregulations. the \n\nto \n\n(b) Where no settlement has been reached by recourse\nto Section 1 of this part, a dispute shall be\nsubmitted to conciliation under Annex V, Section\n2, at the request of any party to the dispute, when\nit is alleged that:\n\n(i) a coastal State has manifestly failed to\ncomply with its obligations to ensure through\nproper \nand management\nmeasures that the maintenance of the living\nresources in the exclusive economic zone is\nnot seriously endangered;\n\nconservation \n\n(ii) a coastal State has arbitrarily refused to\ndetermine, at the request of another State, the\nallowable catch and its capacity to harvest\nliving resources with respect to stocks which\nthat other State is interested in fishing; or\n\n(iii) a coastal State has arbitrarily refused to\nallocate to any State, under Articles 62, 69\nand 70 and under the terms and conditions\nestablished by the coastal State consistent\nwith this Convention, the whole or part of\nthe surplus it has declared to exist. (c) In no case shall the Conciliation Commission\nsubstitute its discretion for that of the coastal\nState. (d) The report of the Conciliation Commission shall\nbe communicated to the appropriate international\norganisations. (e) In negotiating agreements pursuant to Articles 69\nand 70, States Parties, unless they otherwise agree,\nshall include a clause on measures which they\nshall take in order to minimise the possibility of a\ndisagreement concerning the \ninterpretation or\napplication of the agreement, and on how they\nshould proceed if a disagreement nevertheless\narises. Article 298\n\nOptional exceptions to applicability of Section 2\n\nsigning, \n\nratifying or acceding \n\n1. When \nthis\nConvention or at any time thereafter, a State may,\nwithout prejudice to the obligations arising under Section\n1, declare in writing that it does not accept any one or\nmore of the procedures provided for in Section 2 with\nrespect to one or more of the following categories of\ndisputes:\n\nto \n\n(a) (i) disputes \n\nthe \n\nconcerning \n\ninterpretation or\napplication of Articles 15, 74 and 83 relating to\nsea boundary delimitations, or those involving\nhistoric bays or titles, provided that a State\nhaving made such a declaration shall, when such\na dispute arises subsequent to the entry into\nforce of \nthis Convention and where no\nagreement within a reasonable period of time is\nreached in negotiations between the parties, at\nthe request of any party to the dispute, accept\nsubmission of the matter to conciliation under\nAnnex V, Section 2; and provided further that\nany dispute \nthe\nthat necessarily \nconcurrent consideration of any unsettled dispute\nconcerning sovereignty or other rights over\ncontinental or insular land territory shall be\nexcluded from such submission;\n\ninvolves \n\n(ii) after the Conciliation Commission has presented\nits report, which shall state the reasons on which\nit \nis based, the parties shall negotiate an\nagreement on the basis of that report; if these\nnegotiations do not result in an agreement, the\nparties shall, by mutual consent, submit the\n\n\fL 179/78\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nquestion to one of the procedures provided for in\nSection 2, unless the parties otherwise agree;\n\nprocedure in this Convention as against another State\nParty, without the consent of that party. (iii) this subparagraph does not apply to any sea\nan\nboundary dispute \narrangement between the parties, or to any such\ndispute which is to be settled in accordance with\na bilateral or multilateral agreement binding on\nthose parties;\n\nsettled by \n\nfinally \n\n(b) disputes concerning military activities, \n\nincluding\nmilitary activities by government vessels and aircraft\nengaged in non-commercial service, and disputes\nconcerning law enforcement activities in regard to the\nexercise of sovereign rights or jurisdiction excluded\nfrom the jurisdiction of a court or tribunal under\nArticle 297(2) or (3);\n\n(c) disputes in respect of which the Security Council of\nthe United Nations \nfunctions\nassigned to it by the Charter of the United Nations,\nunless the Security Council decides to remove the\nmatter from its agenda or calls on the parties to settle\nit by the means provided for in this Convention. is exercising \n\nthe \n\nIf one of the States Parties has made a declaration\n4. under paragraph 1(a), any other State Party may submit\nany dispute falling within an excepted category against\nthe declarant party to the procedure specified in such\ndeclaration. 5. A new declaration, or \nthe withdrawal of a\ndeclaration, does not in any way affect proceedings\npending before a court or tribunal in accordance with\nthis Article, unless the parties otherwise agree. 6. Declarations \nand notices of withdrawal of\ndeclarations under this Article shall be deposited with the\nSecretary-General of the United Nations, who shall\ntransmit copies thereof to the States Parties. Article 299\n\nRight of the parties to agree on a procedure\n\n2. A State Party which has made a declaration under\nparagraph 1 may at any time withdraw it, or agree to\nsubmit a dispute excluded by such declaration to any\nprocedure specified in this Convention. 1. A dispute excluded under Article 297 or excepted by\na declaration made under Article 298 from the dispute\nsettlement procedures provided for in Section 2 may be\nsubmitted to such procedures only by agreement of the\nparties to the dispute. 3. A State Party which has made a declaration under\nparagraph 1 shall not be entitled to submit any dispute\nfalling within the excepted category of disputes to any\n\n2. Nothing in this section impairs the right of the parties\nto the dispute to agree to some other procedure for the\nsettlement of such dispute or to reach an amicable\nsettlement. PART XVI\n\nGENERAL PROVISIONS\n\nArticle 300\n\nGood faith and abuse of rights\n\nany threat or use of force against the territorial integrity\nor political independence of any State, or in any other\nmanner inconsistent with the principles of international\nlaw embodied in the Charter of the United Nations. States Parties shall fulfil in good faith the obligations\nassumed under this Convention and shall exercise the\nrights, \nin this\njurisdiction and freedoms recognised \nConvention in a manner which would not constitute an\nabuse of right. Article 301\n\nPeaceful uses of the seas\n\nIn exercising their rights and performing their duties\nunder this Convention, States Parties shall refrain from\n\nArticle 302\n\nDisclosure of information\n\nWithout prejudice to the right of a State Party to resort\nto the procedures for the settlement of disputes provided\nfor in this Convention, nothing in this Convention shall\nbe deemed to require a State Party, in the fulfilment of its\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/79\n\nobligations under this Convention, to supply information\nthe disclosure of which is contrary to the essential\ninterests of its security. in \n\n3. Nothing \nthe rights of\nthis Article affects \nidentifiable owners, the law of salvage or other rules of\nadmiralty, or laws and practices with respect to cultural\nexchanges. Article 303\n\nArchaeological and historical objects found at sea\n\nis without prejudice \n\n4. This Article \nto other\ninternational agreements and rules of international law\nregarding the protection of objects of an archeological\nand historical nature. 1. States have the duty to protect objects of an\narcheological and historical nature found at sea and shall\ncooperate for this purpose. 2. In order to control traffic in such objects, the coastal\nState may, in applying Article 33, presume that their\nremoval from the sea-bed in the zone referred to in that\nin an\nArticle without \ninfringement within its territory or territorial sea of the\nlaws and regulations referred to in that Article. its approval would result \n\nArticle 304\n\nResponsibility and liability for damage\n\nprovisions \n\nthis Convention \n\nof \nregarding\nThe \nresponsibility and \nliability for damage are without\nprejudice to the application of existing rules and the\ndevelopment of further rules regarding responsibility and\nliability under international law. PART XVII\n\nFINAL PROVISIONS\n\nArticle 305\n\nSignature\n\n1. This Convention shall be open for signature by:\n\n(a) all States;\n\n(b) Namibia, represented by the United Nations Council\n\nfor Namibia;\n\n(c) all self-governing associated States which have chosen\nthat status in an act of self-determination supervised\nand approved by the United Nations in accordance\nwith General Assembly Resolution 1514 (XV) and\nwhich have competence over the matters governed by\nthis Convention, including the competence to enter\ninto treaties in respect of those matters;\n\n(d) all \n\nself-governing associated States which, \ntheir respective \n\nin\ninstruments of\naccordance with \nthe matters\nassociation, have competence over \ngoverned by \nthe\nthis Convention, \ncompetence to enter into treaties in respect of those\nmatters;\n\nincluding \n\n(e) all \n\nfull \n\nenjoy \n\nterritories which \n\ninternal\nself-government, recognised as such by the United\nNations, but have not attained full independence in\naccordance with General Assembly Resolution 1514\n(XV) and which have competence over the matters\ngoverned by \nthe\nthis Convention, \ncompetence to enter into treaties in respect of those\nmatters;\n\nincluding \n\n(f) international organisations, in accordance with Annex\n\nIX. 2. This Convention shall remain open for signature until\n9 December 1984 at the Ministry of Foreign Affairs of\nJamaica and also, from 1 July 1983 until 9 December\n1984, at United Nations Headquarters in New York. Article 306\n\nRatification and formal confirmation\n\nThis Convention is subject to ratification by States and\nthe other entities referred to in Article 305(1)(b), (c), (d)\nand (e), and to formal confirmation, in accordance with\nAnnex IX, by the entities referred to in Article 305(1)(f). formal\nratification and of \nThe \nthe\ndeposited \nbe \nshall \nconfirmation \nSecretary-General of the United Nations. instruments of \n\nwith \n\nArticle 307\n\nAccession\n\nThis Convention shall remain open for accession by\nStates and the other entities referred to in Article 305. Accession by the entities referred to in Article 305(1)(f)\nshall be in accordance with Annex IX. The instruments\nof accession shall be deposited with the Secretary-General\nof the United Nations. L 179/80\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 308\n\nEntry into force\n\n1. This Convention shall enter into force 12 months\nafter the date of deposit of the 60th instrument of\nratification or accession. 2. For each State ratifying or acceding \nthis\nConvention after the deposit of the 60th instrument of\nratification or accession, the Convention shall enter into\nforce on the 30th day following the deposit of its\ninstrument of ratification or accession, subject \nto\nparagraph 1. to \n\n3. The Assembly of the Authority shall meet on the date\nof entry into force of this Convention and shall elect the\nCouncil of the Authority. The first Council shall be\nconstituted in a manner consistent with the purpose of\nArticle 161 if the provisions of that Article cannot be\nstrictly applied. 4. The rules, regulations and procedures drafted by the\nPreparatory Commission \nshall apply provisionally\npending their formal adoption by the Authority in\naccordance with Part XI. 5. The Authority and its organs shall act in accordance\nwith Resolution \nthe Third United Nations\nConference on the Law of the Sea relating to preparatory\ninvestment and with decisions of \nthe Preparatory\nCommission taken pursuant to that Resolution. II of \n\nArticle 309\n\nReservations and exceptions\n\nNo reservations or exceptions may be made to this\nConvention unless expressly permitted by other Articles\nof this Convention. Article 310\n\nDeclarations and statements\n\nArticle 309 does not preclude a State, when signing,\nratifying or acceding to this Convention, from making\ndeclarations or statements, however phrased or named,\nwith a view, inter alia, to the harmonisation of its laws\nand regulations with the provisions of this Convention,\nprovided that such declarations or statements do not\npurport to exclude or to modify the legal effect of the\nprovisions of this Convention in their application to that\nState. Article 311\n\nRelation to other conventions and international\nagreements\n\n2. This Convention shall not alter the rights and\nobligations of States Parties which arise from other\nagreements compatible with this Convention and which\ndo not affect the enjoyment by other States Parties of\ntheir rights or the performance of their obligations under\nthis Convention. to a provision, derogation \n\n3. Two or more States Parties may conclude agreements\nmodifying or suspending the operation of provisions of\nthis Convention, applicable solely to the relations\nbetween them, provided that such agreements do not\nrelate \nis\nincompatible with the effective execution of the object\nand purpose of this Convention, and provided further\nthat such agreements shall not affect the application of\nthe basic principles embodied herein, and that the\nprovisions of such agreements do not affect \nthe\nenjoyment by other States Parties of their rights or the\nperformance of their obligations under this Convention. from which \n\n4. States Parties intending to conclude an agreement\nreferred to in paragraph 3 shall notify the other States\nParties through the depositary of this Convention of their\nintention \nthe\nmodification or suspension for which it provides. the agreement and of \n\nto conclude \n\n5. This Article does not affect international agreements\nexpressly permitted or preserved by other Articles of this\nConvention. 6. States Parties agree that there shall be no amendments\nto the basic principle relating to the common heritage of\nmankind set forth in Article 136 and that they shall not\nbe party to any agreement in derogation thereof. Article 312\n\nAmendment\n\nto \n\naddressed \n\ncommunication \n\n1. After the expiry of a period of 10 years from the date\nof entry into force of this Convention, a State Party may,\nthe\nby written \nSecretary-General of the United Nations, propose specific\namendments to this Convention, other than those relating\nto activities in the area, and request the convening of a\nconference to consider such proposed amendments. The\nSecretary-General shall circulate such communication to\nall States Parties. If, within 12 months from the date of\nthe circulation of the communication, not less than one\nhalf of the States Parties reply favourably to the request,\nthe Secretary-General shall convene the conference. 1. This Convention shall prevail, as between States\nParties, over the Geneva Conventions on the Law of the\nSea of 29 April 1958. 2. The decision-making procedure applicable at the\namendment conference shall be the same as that\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/81\n\napplicable at the Third United Nations Conference on the\nLaw of the Sea unless otherwise decided by the\nconference. The conference should make every effort to\nreach agreement on any amendments by way of\nconsensus and there should be no voting on them until\nall efforts at consensus have been exhausted. 2. Before approving any amendment under paragraph 1,\nthe Council and the Assembly shall ensure that it does\nnot prejudice \nfor and\nexploitation of the resources of the area, pending the\nReview Conference in accordance with Article 155. the system of exploration \n\nArticle 313\n\nSignature, ratification of, accession to and authentic\ntexts of amendments\n\nArticle 315\n\nAmendment by simplified procedure\n\n1. A State Party may, by written communication\naddressed to the Secretary-General of the United Nations,\npropose an amendment to this Convention, other than an\namendment relating to activities in the area, to be\nadopted by the simplified procedure set forth in this\nArticle without \nconference. The\nSecretary-General shall circulate the communication to all\nStates Parties. convening \n\na \n\n2. If, within a period of 12 months from the date of the\ncirculation of the communication, a State Party objects to\nthe proposed amendment or to the proposal for its\nadoption by the simplified procedure, the amendment\nshall be considered rejected. The Secretary-General shall\nimmediately notify all States Parties accordingly. 3. If, 12 months from the date of the circulation of the\ncommunication, no State Party has objected to the\nproposed amendment or to the proposal for its adoption\nby the simplified procedure, the proposed amendment\nshall be considered adopted. The Secretary-General shall\nnotify all States Parties that the proposed amendment has\nbeen adopted. Article 314\n\nAmendments to the provisions of this Convention\nrelating exclusively to activities in the area\n\n1. A State Party may, by written communication\naddressed to the Secretary-General of the Authority,\npropose an amendment to the provisions of this\nConvention relating exclusively to activities in the area,\nincluding Annex VI, Section 4. The Secretary-General\nshall circulate such communication to all States Parties. The proposed amendment shall be subject to approval by\nthe Assembly following its approval by the Council. Representatives of States Parties in those organs shall\nhave full powers to consider and approve the proposed\namendment. The proposed amendment as approved by\nthe Council and the Assembly shall be considered\nadopted. 1. Once adopted, amendments to this Convention shall\nbe open for signature by States Parties for 12 months\nfrom \nthe date of adoption, at United Nations\nHeadquarters in New York, unless otherwise provided in\nthe amendment itself. 2. Articles 306, 307 and 320 apply to all amendments\nto this Convention. Article 316\n\nEntry into force of amendments\n\n1. Amendments to this Convention, other than those\nreferred to in paragraph 5, shall enter into force for the\nStates Parties ratifying or acceding to them on the 30th\nday following the deposit of instruments of ratification or\naccession by two thirds of the States Parties or by 60\nStates Parties, whichever is greater. Such amendments\nshall not affect the enjoyment by other States Parties of\ntheir rights or the performance of their obligations under\nthis Convention. 2. An amendment may provide that a larger number of\nratifications or accessions shall be required for its entry\ninto force than are required by this Article. 3. For each State Party ratifying or acceding to an\namendment referred to in paragraph 1 after the deposit\nof the required number of instruments of ratification or\naccession, the amendment shall enter into force on the\n30th day following the deposit of its instrument of\nratification or accession. 4. A State which becomes a party to this Convention\nafter the entry into force of an amendment in accordance\nwith paragraph 1 shall, failing an expression of a\ndifferent intention by that State:\n\n(a) be considered as a party to this Convention as so\n\namended; and\n\n(b) be considered as a party \n\nthe unamended\nConvention in relation to any State Party not bound\nby the amendment. to \n\n5. Any amendment relating exclusively to activities in\nthe area and any amendment to Annex VI shall enter into\nforce for all States Parties one year following the\n\n\fL 179/82\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\ndeposit of instruments of ratification or accession by\nthree fourths of the States Parties. In addition to his functions as depository, the\n\n2. Secretary-General shall:\n\n6. A State which becomes a party to this Convention\nafter the entry into force of amendments in accordance\nwith paragraph 5 shall be considered as a party to this\nConvention as so amended. (a) report to all States Parties, the Authority and\ncompetent international organisations on issues of a\ngeneral nature that have arisen with respect to this\nConvention;\n\nArticle 317\n\nDenunciation\n\n1. A State Party may, by written notification addressed\nto the Secretary-General of the United Nations, denounce\nthis Convention and may indicate its reasons. Failure to\nindicate reasons shall not affect the validity of the\ndenunciation. The denunciation shall take effect one year\nafter the date of receipt of the notification, unless the\nnotification specifies a later date. the \n\nfrom \n\nfinancial and \n\n2. A State shall not be discharged by reason of the\ncontractual\ndenunciation \nobligations which accrued while it was a party to this\nConvention, nor shall the denunciation affect any right,\nobligation or legal situation of that State created through\nthe execution of this Convention prior to its termination\nfor that State. 3. The denunciation shall not in any way affect the duty\nof any State Party to fulfil any obligation embodied in\nthis Convention to which it would be subject under\ninternational law independently of this Convention. (b) notify the Authority of ratifications and formal\nconfirmations of and accessions to this Convention\nand amendments thereto, as well as of denunciations\nof this Convention;\n\n(c) notify States Parties of agreements in accordance with\n\nArticle 311(4);\n\n(d) circulate amendments adopted in accordance with this\nConvention to States Parties for ratification or\naccession;\n\n(e) convene necessary meetings of States Parties \n\nin\n\naccordance with this Convention. 3. (a) The Secretary-General shall also transmit to the\n\nobservers referred to in Article 156:\n\n(i) \n\nreports referred to in paragraph 2(a);\n\n(ii) notifications referred to in paragraph 2(b)\n\nand (c); and\n\n(iii) texts of amendments referred to in paragraph\n\n2(d), for their information. Article 318\n\nStatus of Annexes\n\n(b) The Secretary-General shall also \n\ninvite those\nobservers to participate as observers at meetings\nof States Parties referred to in paragraph 2(e). The Annexes form an integral part of this Convention\nand, unless expressly provided otherwise, a reference to\nthis Convention or to one of its parts includes a reference\nto the Annexes relating thereto. Article 319\n\nDepositary\n\n1. The Secretary-General of the United Nations shall be\nthe depositary of this Convention and amendments\nthereto. Article 320\n\nAuthentic texts\n\nThe original of this Convention, of which the Arabic,\nChinese, English, French, Russian and Spanish texts are\nequally authentic, shall subject to Article 305(2), be\ndeposited with the Secretary-General of the United\nNations. In witness whereof, the undersigned plenipotentiaries being duly authorised thereto, have signed\nthis Convention. Done at Montego Bay, this tenth day of December, one thousand nine hundred and\neighty-two. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/83\n\nANNEXES\n\nANNEX I\n\nHIGHLY MIGRATORY SPECIES\n\n1. Albacore tuna:\n\n2. Bluefin tuna:\n\n3. Bigeye tuna:\n\n4. Skipjack tuna:\n\n5. Yellowfin tuna:\n\n6. Blackfin tuna:\n\n7. Little tuna:\n\nThunnus alalunga\n\nThunnus thynnus\n\nThunnus obesus\n\nKatsuwonus pelamis\n\nThunnus albacares\n\nThunnus atlanticus\n\nEuthynnus alletteratus; Euthynnus affinis\n\n8. Southern bluefin tuna:\n\nThunnus maccoyii\n\n9. Frigate mackerel:\n\nAuxis thazard; Auxis rochei\n\n10. Pomfrets:\n\n11. Marlins:\n\n12. Sail-fishes:\n\n13. Swordfish:\n\n14. Sauries:\n\n15. Dolphin:\n\n16. Oceanic sharks:\n\n17. Cetaceans:\n\nfamily Bramidae\n\nTetrapturus angustirostris; Tetrapturus belone; Tetrapturus\npfluegeri; Tetrapturus albidus; Tetrapturus audax; Tetrapturus\ngeorgei; Makaira mazara; Makaira indica; Makaira nigricans\n\nIstiophorus platypterus; Istiophorus albicans\n\nXiphias gladius\n\nScomberesox saurus; Cololabis saira; Cololabis adocetus;\nScomberesox saurus scombroides\n\nCoryphaena hippurus; Coryphaena equiselis\n\nHexanchus griseus; Cetorhinus maximus; family Alopiidae;\nRhincodon typus; family Carcharhinidae; family Sphyrnidae;\nfamily Isurida\n\nfamily Physeteridae; family Balaenopteridae; family Balaenidae;\nfamily Eschrichtiidae; family Monodontiade; family Ziphiidae;\nfamily Delphinidae. L 179/84\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nANNEX II\n\nCOMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF\n\nArticle 1\n\nIn accordance with the provision of Article 76, a Commission on\nthe Limits of the Continental Shelf beyond 200 nautical miles\nshall be established in conformity with the following Articles. Article 2\n\n1. The Commission shall consist of 21 members who shall be\nexperts in the field of geology, geophysics or hydrography,\nelected by States Parties to this Convention from among their\nnationals, having due regard to the need to ensure equitable\ngeographical representation, who shall serve in their personal\ncapacities. 2. The initial election shall be held as soon as possible but in\nany case within 18 months after the date of entry into force of\nthis Convention. At least three months before the date of each\nelection, the Secretary-General of the United Nations shall\naddress a letter to the States Parties, inviting the submission of\nnominations, after appropriate regional consultations, within\nthree months. The Secretary-General shall prepare a list in\nalphabetical order of all persons thus nominated and shall\nsubmit it to all the States Parties. 3. Elections of the members of the Commission shall be held at\na meeting of States Parties convened by the Secretary-General at\nUnited Nations Headquarters. At that meeting, for which two\nthirds of the States Parties shall constitute a quorum, the persons\nelected to the Commission shall be those nominees who obtain a\ntwo-thirds majority of the votes of the representatives of States\nParties present and voting. Not less than three members shall be\nelected from each geographical region. 4. The members of the Commission shall be elected for a term\nof five years. They shall be eligible for re-election. 5. The State Party which submitted the nomination of a\nmember of the Commission shall defray the expenses of that\nmember while in performance of Commission duties. The coastal\nState concerned shall defray the expenses incurred in respect of\nthe advice referred to in Article 3(1)(b), of this Annex. The\nsecretariat of the Commission shall be provided by the\nSecretary-General of the United Nations. Article 3\n\n1. The functions of the Commission shall be:\n\n(a) to consider the data and other material submitted by coastal\nStates concerning the outer limits of the continental shelf in\nareas where those limits extend beyond 200 nautical miles,\nand to make recommendations in accordance with Article 76\nand the Statement of Understanding adopted on 29 August\n1980 by the Third United Nations Conference on the Law of\nthe Sea;\n\n(b) to provide scientific and technical advice, if requested by the\ncoastal State concerned during the preparation of the data\nreferred to in subparagraph (a). 2. The Commission may cooperate, to the extent considered\nnecessary and useful, with the Intergovernmental Oceanographic\nCommission of Unesco, \nInternational Hydrographic\nthe \nOrganisation and other competent international organisations\nwith a view to exchanging scientific and technical information\nwhich might be of assistance in discharging the Commission\u2019s\nresponsibilities. Article 4\n\nWhere a coastal State intends to establish, in accordance with\nArticle 76, the outer limits of its continental shelf beyond 200\nnautical miles, it shall submit particulars of such limits to the\nCommission along with supporting scientific and technical data\nas soon as possible but in any case within 10 years of the entry\ninto force of this Convention for that State. The coastal State\nshall at the same time give the names of any Commission\nmembers who have provided it with scientific and technical\nadvice. Article 5\n\nUnless the Commission decides otherwise, the Commission shall\nfunction by way of sub-commissions composed of seven\nmembers, appointed in a balanced manner taking into account\nthe specific elements of each submission by a coastal State. Nationals of the coastal State making the submission who are\nmembers of the Commission and any Commission member who\nhas assisted a coastal State by providing scientific and technical\nadvice with respect to the delineation shall not be a member of\nthe sub-commission dealing with that submission but has the\nright to participate as a member in the proceedings of the\nCommission concerning the said submission. The coastal State\nwhich has made a submission to the Commission may send its\nrepresentatives to participate in the relevant proceedings without\nthe right to vote. Article 6\n\n1. The sub-commission shall submit its recommendations to the\nCommission. 2. Approval by the Commission of the recommendations of the\nsub-commission shall be by a majority of two thirds of\nCommission members present and voting. 3. The recommendations of the Commission shall be submitted\nin writing to the coastal State which made the submission and to\nthe Secretary-General of the United Nations. Article 7\n\nCoastal States shall establish the outer limits of the continental\nshelf in conformity with the provisions of Article 76(8), and in\naccordance with the appropriate nation procedures. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/85\n\nArticle 8\n\nArticle 9\n\nIn the case of disagreement by the coastal State with the\nrecommendation of the Commission, the coastal State shall,\nwithin a reasonable time, make a revised or new submission to\nthe Commission. The actions of the Commission shall not prejudice matters\nrelating to delimitation of boundaries between States with\nopposite or adjacent coasts. L 179/86\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nBASIC CONDITIONS OF PROSPECTING, EXPLORATION AND EXPLOITATION\n\nANNEX III\n\nArticle 1\n\nTitle to minerals\n\nTitle to minerals shall pass on recovery in accordance with this\nConvention. Article 2\n\nProspecting\n\n1. (a) The Authority shall encourage prospecting in the area. (b) Prospecting shall be conducted only after the Authority\nhas received a satisfactory written undertaking that the\nproposed prospector will comply with this Convention\nand the relevant rules, regulations and procedures of the\nAuthority concerning cooperation \ntraining\nprogrammes referred to in Articles 143 and 144 and the\nprotection of the marine environment, and will accept\nverification by the Authority of compliance therewith. The proposed prospector shall, at the same time, notify\nthe Authority of the approximate area or areas in which\nprospecting is to be conducted. the \n\nin \n\n(c) Prospecting may be conducted simultaneously by more\n\nthan one prospector in the same area or areas. (b) provide for control by the Authority of activities in the area\n\nin accordance with Article 153(4);\n\n(c) confer on the operator, in accordance with the rules,\nregulations and procedures of the Authority, the exclusive\nright to explore for and exploit the specified categories of\nresources in the area covered by the plan of work. If,\nhowever, the applicant presents for approval a plan of work\ncovering only the stage of exploration or the stage of\nexploitation, the approved plan of work shall confer such\nexclusive right with respect to that stage only. 5. On its approval by the Authority, every plan of work, except\nthose presented by the enterprise, shall be in the form of a\ncontract concluded between the Authority and the applicant or\napplicants. Article 4\n\nQualifications of applicants\n\n1. Applicants, other than the enterprise, shall be qualified if\nthey have the nationality or control and sponsorship required by\nArticle 153(2)(b), and if they follow the procedures and meet the\nqualification standards set forth in the rules, regulations and\nprocedures of the Authority. 2. Prospecting shall not confer on the prospector any rights\nwith respect to resources. A prospector may, however, recover a\nreasonable quantity of minerals to be used for testing. 2. Except as provided in paragraph 6, such qualification\nstandards shall relate to the financial and technical capabilities\nof the applicant and his performance under any previous\ncontracts with the Authority. Article 3\n\nExploration and exploitation\n\n1. The enterprise, States Parties, and the other entities referred\nto in Article 153(2)(b) may apply to the Authority for approval\nof plans of work for activities in the area. 2. The enterprise may apply with respect to any part of the\narea, but applications by others with respect to reserved areas\nare subject to the additional requirements of Article 9 of this\nAnnex. 3. Exploration and exploitation shall be carried out only in\nareas specified in plans of work referred to in Article 153(3) and\napproved by the Authority in accordance with this Convention\nand the relevant rules, regulations and procedures of the\nAuthority. 3. Each applicant shall be sponsored by the State Party of\nwhich it is a national unless the applicant has more than one\nnationality, as in the case of a partnership or consortium of\nentities from several States, in which event all States Parties\ninvolved shall sponsor the application, or unless the applicant is\neffectively controlled by another State Party or its nationals, in\nwhich event both States Parties shall sponsor the application. the\nThe criteria and procedures \nsponsorship requirements shall be set forth \nin the rules,\nregulations and procedures of the Authority. implementation of \n\nfor \n\n4. The sponsoring State or States shall, pursuant to Article 139,\nhave the responsibility to ensure, within their legal system, that a\ncontractor so sponsored shall carry out activities in the Area in\nconformity with the terms of its contract and its obligations\nunder the Convention. A sponsoring State shall not, however, be\nliable for damage caused by any failure of a contractor\nsponsored by it to comply with its obligations if that State Party\nhas adopted laws and regulations and taken administrative\nmeasures which are, within the framework of its legal system,\nreasonably appropriate for securing compliance by persons\nunder its jurisdiction. 4. Every approved plan of work shall:\n\n(a) be in conformity with this Convention and the rules,\n\nregulations and procedures of the Authority;\n\n5. The procedures for assessing the qualifications of States\nParties which are applicants shall take into account their\ncharacter as States. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/87\n\n6. The qualification standards shall require that every applicant,\nwithout exception, shall as part of his application undertake:\n\n(a) to accept as enforceable and comply with the applicable\nobligations created by the provisions of Part XI, the rules,\nregulations and procedures of the Authority, the decisions of\nthe organs of the Authority and terms of his contracts with\nthe Authority;\n\n(b) to accept control by the Authority of activities in the area, as\n\nauthorised by this Convention;\n\n(c) to provide the Authority with a written assurance that his\nobligations under the contract will be fulfilled in good\nfaith;\n\n(d) to comply with the provisions on the transfer of technology\n\nset forth in Article 5 of this Annex. Article 5\n\nTransfer of technology\n\n1. When submitting a plan of work, every applicant shall make\navailable to the Authority a general description of the equipment\nand methods to be used in carrying out activities in the area, and\nother \nthe\ncharacteristics of such technology and information as to where\nsuch technology is available. relevant non-proprietary \n\ninformation \n\nabout \n\n2. Every operator shall inform the Authority of revisions in the\ndescription and \nto\nparagraph 1 whenever a substantial technological change or\ninnovation is introduced. information made available pursuant \n\n3. Every contract for carrying out activities in the area shall\ncontain the following undertakings by the contractor:\n\n(a) to make available to the enterprise on fair and reasonable\ncommercial terms and conditions, whenever the Authority so\nrequests, the technology which he uses in carrying out\nactivities in the area under the contract, which the contractor\nis legally entitled to transfer. This shall be done by means of\nlicences or other appropriate arrangements which the\ncontractor shall negotiate with the enterprise and which shall\nbe set forth in a specific agreement supplementary to the\ncontract. This undertaking may be invoked only if the\nenterprise finds that it is unable to obtain the same or\nequally efficient and useful technology on the open market\non fair and reasonable commercial terms and conditions;\n\n(b) to obtain a written assurance from the owner of any\ntechnology used in carrying out activities in the area under\nthe contract, which is not generally available on the open\nmarket and which is not covered by subparagraph (a), that\nthe owner will, whenever the Authority so requests, make\nthat technology available to the enterprise under licence or\nother appropriate arrangements and on fair and reasonable\ncommercial terms and conditions, to the same extent as\nmade available to the contractor. If this assurance is not\nobtained, the technology in question shall not be used by the\ncontractor in carrying out activities in the area;\n\n(c) to acquire from the owner by means of an enforceable\ncontract, on the request of the enterprise and if it is possible\nto do so without substantial cost to the contractor, the legal\nright to transfer to the enterprise any technology used by the\ncontractor, in carrying out activities in the area under the\ncontract, which the contractor is otherwise not legally\nentitled to transfer and which is not generally available on\nthe open market. In cases where there is a substantial\ncorporate relationship between the contractor and the owner\nof the technology, the closeness of this relationship and the\ndegree of control or influence shall be relevant to the\ndetermination whether all feasible measures have been taken\nto acquire such a right. In cases where the contractor\nexercises effective control over the owner, failure to acquire\nfrom the owner the legal right shall be considered relevant to\nthe contractor\u2019s qualification for any subsequent application\nfor approval of a plan of work;\n\n(d) to facilitate, on the request of the enterprise, the acquisition\nby the enterprise of any technology covered by subparagraph\n(b), under licence or other appropriate arrangements and on\nfair and reasonable commercial terms and conditions, if the\nenterprise decides to negotiate directly with the owner of the\ntechnology;\n\n(e) to take the same measures as are prescribed in subparagraphs\n(a), (b), (c) and (d) for the benefit of a developing State or\ngroup of developing States which has applied for a contract\nunder Article 9 of this Annex, provided that these measures\nshall be limited to the exploitation of the part of the area\nproposed by the contractor which has been reserved\npursuant to Article 8 of this Annex and provided that\nactivities under the contract sought by the developing State\nor group of developing States would not involve transfer of\ntechnology to a third State or the nationals of a third State. The obligation under this provision shall only apply with\nrespect to any given contractor where technology has not\nbeen requested by the enterprise or transferred by that\ncontractor to the enterprise. 4. Disputes concerning undertakings required by paragraph 3,\nlike other provisions of the contracts, shall be subject to\ncompulsory settlement in accordance with Part XI and, in cases\nof violation of these undertakings, suspension or termination of\nthe contract or monetary penalties may be ordered in accordance\nwith Article 18 of this Annex. Disputes as to whether offers\nmade by the contractor are within the range of fair and\nreasonable commercial terms and conditions may be submitted\nby either party to binding commercial arbitration in accordance\nwith the Uncitral Arbitration Rules or such other arbitration\nrules as may be prescribed in the rules, regulations and\nprocedures of the Authority. If the finding is that the offer made\nby the contractor is not within the range of fair and reasonable\ncommercial terms and conditions, the contractor shall be given\n45 days to revise his offer to bring it within that range before\nthe Authority takes any action in accordance with Article 18 of\nthis Annex. If the enterprise is unable to obtain on fair and reasonable\n5. commercial terms and conditions appropriate technology to\nenable it to commence in a timely manner the recovery and\nprocessing of minerals from the area, either the Council or the\nAssembly may convene a group of States Parties composed\n\n\fL 179/88\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nof those which are engaged in activities in the area, those which\nhave sponsored entities which are engaged in activities in the\narea and other States Parties having access to such technology. This group shall consult together and shall take effective\nmeasures to ensure that such technology is made available to the\nenterprise on fair and reasonable commercial terms and\nconditions. Each such State Party shall take all feasible measures\nto this end within its own legal system. 6. In the case of joint ventures with the enterprise, transfer of\ntechnology will be in accordance with the terms of the joint\nventure agreement. 7. The undertakings required by paragraph 3 shall be included\nin each contract for the carrying out of activities in the area until\n10 years after the commencement of commercial production by\nthe enterprise, and may be invoked during that period. 8. For the purposes of this Article, \u2018technology\u2019 means the\nspecialised equipment and \nincluding\nmanuals, designs, operating instructions, training and technical\nadvice and assistance, necessary to assemble, maintain and\noperate a viable system and the legal right to use these items for\nthat purpose on a non-exclusive basis. technical know-how, \n\nArticle 6\n\nApproval of plans of work\n\n1. Six months after the entry into force of this Convention, and\nthereafter each fourth month, the Authority shall take up for\nconsideration proposed plans of work. 2. When considering an application for approval of a plan of\nwork in the form of a contract, the Authority shall first ascertain\nwhether:\n\n(a) the applicant has complied with the procedures established\nfor applications in accordance with Article 4 of this Annex\nand has given the Authority the undertakings and assurances\nrequired by that Article. In cases of non-compliance with\nthese procedures or \nin the absence of any of these\nundertakings and assurances, the applicant shall be given 45\ndays to remedy these defects;\n\n(b) the applicant possesses the requisite qualifications provided\n\nfor in Article 4 of this Annex. 3. All proposed plans of work shall be taken up in the order in\nwhich they are received. The proposed plans of work shall\ncomply with and be governed by the relevant provisions of this\nConvention and the rules, regulations and procedures of the\nAuthority, including those on operational requirements, financial\ncontributions and the undertakings concerning the transfer of\ntechnology. If the proposed plans of work conform to these\nrequirements, the Authority shall approve them provided that\nthey are in accordance with the uniform and non-discriminatory\nrequirements set forth in the rules, regulations and procedures of\nthe Authority, unless:\n\n(a) part or all of the area covered by the proposed plan of work\nis included in an approved plan of work or a previously\n\nsubmitted proposed plan of work which has not yet been\nfinally acted on by the Authority;\n\n(b) part or all of the area covered by the proposed plan of work\nto Article\n\nthe Authority pursuant \n\nis disapproved by \n162(2)(x); or\n\n(c) the proposed plan of work has been submitted or sponsored\n\nby a State Party which already holds:\n\n(i) plans of work for exploration and exploitation of\npolymetallic nodules in non-reserved areas that, together\nwith either part of the area covered by the application for\na plan of work, exceed in size 30 % of a circular area of\n400 000 square kilometres surrounding the centre of\neither part of the area covered by the proposed plan of\nwork;\n\n(ii) plans of work for the exploration and exploitation of\npolymetallic nodules in non-reserved areas which, taken\ntogether, constitute 2 % of the total sea-bed area which\nis not reserved or disapproved for exploitation pursuant\nto Article 162(2)(x). 4. For the purpose of the standard set forth in paragraph 3(c),\na plan of work submitted by a partnership or consortium shall\nbe counted on a pro rata basis among the sponsoring States\nParties involved in accordance with Article 4(3) of this Annex. The Authority may approve plans of work covered by paragraph\n3(c) if it determines that such approval would not permit a State\nParty or entities sponsored by it to monopolise the conduct of\nactivities in the area or to preclude other States Parties from\nactivities in the area. 5. Notwithstanding paragraph 3(a), after the end of the interim\nperiod specified in Article 151(3), the Authority may adopt by\nmeans of rules, regulations and procedures other procedures and\ncriteria consistent with this Convention for deciding which\napplicants shall have plans of work approved in cases of\nselection among applicants \nfor a proposed area. These\nprocedures and criteria shall ensure approval of plans of work\non an equitable and non-discriminatory basis. Article 7\n\nSelection among applicants for production authorisations\n\nfor production \n\napplications \nthe \n\n1. Six months after the entry into force of this Convention, and\nthereafter each fourth month, the Authority shall take up for\nauthorisations\nconsideration \nsubmitted during \nimmediately preceding period. The\nAuthority shall issue the authorisations applied for if all such\napplications can be approved without exceeding the production\nlimitation or contravening the obligations of the Authority under\na commodity agreement or arrangement to which it has become\na party, as provided in Article 151. 2. When a selection must be made among applicants for\nproduction authorisations because of the production limitation\nset forth in Article 151(2) to (7), or because of the obligations of\nthe Authority under a commodity agreement or arrangement to\nwhich it has become a party, as provided for in Article 151(1),\nthe Authority shall make the selection on the basis of\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/89\n\nobjective and non-discriminatory standards set forth in its rules,\nregulations and procedures. Article 9\n\nActivities in reserved areas\n\nIn the application of paragraph 2, the Authority shall give\n\n3. priority to those applicants which:\n\n(a) give better assurance of performance, taking into account\ntheir \ntheir\nperformance, if any, under previously approved plans of\nwork;\n\ntechnical qualifications and \n\nfinancial and \n\n(b) provide earlier prospective financial benefits to the Authority,\nis\n\ninto account when commercial production \n\ntaking \nscheduled to begin;\n\n(c) have already invested the most resources and effort in\n\nprospecting or exploration. 4. Applicants which are not selected in any period shall have\npriority in subsequent periods until they receive a production\nauthorisation. 5. Selection shall be made taking into account the need to\nenhance opportunities for all States Parties, irrespective of their\nsocial and economic systems or geographical locations so as to\navoid discrimination against any State or system, to participate\nin activities in the area and to prevent monopolisation of those\nactivities. 6. Whenever fewer reserved areas than non-reserved areas are\nunder exploitation, applications for production authorisations\nwith respect to reserved areas shall have priority. 1. The enterprise shall be given an opportunity to decide\nwhether it intends to carry out activities in each reserved area. This decision may be taken at any time, unless a notification\npursuant to paragraph 4 is received by the Authority, in which\nevent the enterprise shall take its decision within a reasonable\ntime. The enterprise may decide to exploit such areas in joint\nventures with the interested State or entity. 2. The enterprise may conclude contracts for the execution of\npart of its activities in accordance with Annex IV, Article 12. It\nmay also enter into joint ventures for the conduct of such\nactivities with any entities which are eligible to carry out\nactivities in the area pursuant to Article 153(2)(b). When\nconsidering such joint ventures, the enterprise shall offer to\nStates Parties which are developing States and their nationals the\nopportunity of effective participation. 3. The Authority may prescribe, in its rules, regulations and\nprocedures, substantive and procedural requirements and\nconditions with respect to such contracts and joint ventures. 4. Any State Party which is a developing State or any natural or\njuridical person sponsored by it and effectively controlled by it\nor by another developing State which is a qualified applicant, or\nany group of the foregoing, may notify the Authority that it\nwishes to submit a plan of work pursuant to Article 6 of this\nAnnex with respect to a reserved area. The plan of work shall be\nconsidered if the enterprise decides, pursuant to paragraph 1,\nthat it does not intend to carry out activities in that area. 7. The decisions referred to in this Article shall be taken as\nsoon as possible after the close of each period. Article 10\n\nArticle 8\n\nReservation of areas\n\nEach application, other than those submitted by the enterprise or\nby any other entities for reserved areas, shall cover a total area,\nwhich need not be a single continuous area, sufficiently large\nand of sufficient estimated commercial value to allow two\nmining operations. The applicant shall indicate the coordinates\ndividing the area into two parts of equal estimated commercial\nvalue and submit all the data obtained by him with respect to\nboth parts. Without prejudice to the powers of the Authority\npursuant to Article 17 of this Annex, the data to be submitted\nconcerning polymetallic nodules shall relate \nto mapping,\nsampling, the abundance of nodules, and their metal content. Within 45 days of receiving such data, the Authority shall\ndesignate which part is to be reserved solely for the conduct of\nactivities by the Authority through the enterprise or \nin\nassociation with developing States. This designation may be\ndeferred for a further period of 45 days if the Authority requests\nan independent expert to assess whether all data required by this\nArticle has been submitted. The area designated shall become a\nreserved area as soon as the plan of work for the non-reserved\narea is approved and the contract is signed. Preference and priority among applicants\n\nAn operator who has an approved plan of work for exploration\nonly, as provided in Article 3(4)(c) of this Annex shall have a\npreference and a priority among applicants for a plan of work\ncovering exploitation of the same area and resources. However,\nsuch preference or priority may be withdrawn if the operator\u2019s\nperformance has not been satisfactory. Article 11\n\nJoint arrangements\n\n1. Contracts may provide for joint arrangements between the\ncontractor and the Authority through the enterprise, in the form\nof joint ventures or production-sharing, as well as any other\nform of joint arrangement, which shall have the same protection\nagainst revision, suspension or termination as contracts with the\nAuthority. 2. Contractors entering into such joint arrangements with the\nenterprise may receive financial incentives as provided for in\nArticle 13 of this Annex. L 179/90\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n3. Partners in joint ventures with the enterprise shall be liable\nfor the payments required by Article 13 of this Annex to the\nextent of their share in the joint ventures, subject to financial\nincentives as provided for in that Article. by the Authority in processing an application is less than the\nfixed amount, the Authority shall refund the difference to the\napplicant. Article 12\n\nActivities carried out by the enterprise\n\n1. Activities in the area carried out by the enterprise pursuant\nto Article 153(2)(a) shall be governed by Part XI, the rules,\nregulations and procedures of the Authority and its relevant\ndecisions. 2. Any plan of work submitted by the enterprise shall be\naccompanied by evidence supporting its financial and technical\ncapabilities. Article 13\n\nFinancial terms of contracts\n\nIn adopting rules, regulations and procedures concerning the\n1. financial terms of a contract between the Authority and the\nentities referred to in Article 153(2)(b), and in negotiating those\nfinancial terms in accordance with Part XI and those rules,\nregulations and procedures, the Authority shall be guided by the\nfollowing objectives:\n\n(a) to ensure optimum revenues for the Authority from the\n\nproceeds of commercial production;\n\n(b) to attract investments and technology to the exploration and\n\nexploitation of the area;\n\n(c) to ensure equality of financial treatment and comparable\n\nfinancial obligations for contractors;\n\n(d) to provide incentives on a uniform and non-discriminatory\nbasis for contractors to undertake joint arrangements with\nthe enterprise and developing States or their nationals, to\nstimulate the transfer of technology thereto, and to train the\npersonnel of the Authority and of developing States;\n\n(e) to enable the enterprise to engage \n\nin sea-bed mining\neffectively at the same time as the entities referred to in\nArticle 153(2)(b); and\n\n(f) to ensure that, as a result of the financial incentives provided\nto contractors under paragraph 14, under the terms of\ncontracts reviewed in accordance with Article 19 of this\nAnnex or under the provisions of Article 11 of this Annex\nwith respect to joint ventures, contractors are not subsidised\nso as to be given an artificial competitive advantage with\nrespect to land-based miners. 2. A fee shall be levied for the administrative cost of processing\nan application for approval of a plan of work in the form of a\ncontract and shall be fixed at an amount of USD 500 000 per\napplication. The amount of the fee shall be reviewed from time\nto time by the Council in order to ensure that it covers the\nadministrative cost incurred. If such administrative cost incurred\n\n3. A contractor shall pay an annual fixed fee of USD 1 million\nfrom the date of entry into force of the contract. If the approved\ndate of commencement of commercial production is postponed\nbecause of a delay in issuing the production authorisation, in\naccordance with Article 151, the annual fixed fee shall be\nwaived for the period of postponement. From the date of\ncommencement of commercial production, the contractor shall\npay either the production charge or the annual fixed fee,\nwhichever is greater. 4. Within a year of the date of commencement of commercial\nproduction, in conformity with paragraph 3, a contractor shall\nchoose to make his financial contribution to the Authority by\neither:\n\n(a) paying a production charge only; or\n\n(b) paying a combination of a production charge and a share of\n\nnet proceeds. 5. (a) If a contractor chooses to make his financial contribution\nto the Authority by paying a production charge only, it\nshall be fixed at a percentage of the market value of the\nprocessed metals produced from the polymetallic nodules\nrecovered from the area covered by the contract. This\npercentage shall be fixed as follows:\n\n(i) years 1 to 10 of commercial production: 5 %;\n\n(ii) years 11 to the end of commercial production:\n\n12 %. (b) The said market value shall be the product of the\nquantity of the processed metals produced from the\npolymetallic nodules extracted from the area covered by\nthe contract and the average price for those metals during\nthe relevant accounting year, as defined in paragraphs 7\nand 8. If a contractor chooses to make his financial contribution to\n6. the Authority by paying a combination of a production charge\nand a share of net proceeds, such payments shall be determined\nas follows:\n\n(a) The production charge shall be fixed at a percentage of the\nmarket value, determined in accordance with subparagraph\n(b), of the processed metals produced from the polymetallic\nnodules recovered from the area covered by the contract. This percentage shall be fixed as follows:\n\n(i) first period of commercial production: 2 %;\n\n(ii) second period of commercial production: 4 %. If, in the second period of commercial production, as defined\nin subparagraph (d), the return on investment in any\naccounting year as defined in subparagraph (m) falls below\n15 % as a result of the payment of the production charge at\n4 %, the production charge shall be 2 % instead of 4 per\ncent in that accounting year. (b) The said market value shall be the product of the quantity of\nthe processed metals produced from the polymetallic nodules\nrecovered from the area covered by the contract and the\naverage price for those metals during the relevant accounting\nyear as defined in paragraphs 7 and 8. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/91\n\n(c) (i) The Authority\u2019s share of net proceeds shall be taken out\nof that portion of the contractor\u2019s net proceeds which is\nattributable to the mining of the resources of the area\ncovered by the contract, referred to hereinafter as\nattributable net proceeds. (ii) The Authority\u2019s share of attributable net proceeds shall\nfollowing\n\nin accordance with \n\nthe \n\nbe determined \nincremental schedule:\n\nShare of the Authority\n\nPortion of attributable\nnet proceeds\n\nFirst period of\ncommercial\nproduction\n\nSecond period\nof commercial\nproduction\n\nThat portion\nrepresenting a return\non investment which is\ngreater than 0 %, but\nless than 10 %\n\nThat portion\nrepresenting a return\non investment which is\n10 % or greater, but\nless than 20 %\n\nThat portion\nrepresenting a return\non investment which is\n20 % or greater\n\n35 %\n\n40 %\n\n42,5 %\n\n50 %\n\n50 %\n\n70 %\n\n(d) (i) The first period of commercial production referred to in\nsubparagraphs (a) and (c) shall commence in the first\naccounting year of commercial production and terminate\nin which the contractor\u2019s\nin the accounting year \ndevelopment costs with interest on the unrecovered\nportion thereof are fully recovered by his cash surplus, as\nfollows:\n\nshall \n\ncosts \n\nIn the first accounting year during which development\ncosts are incurred, unrecovered development costs shall\nequal the development costs less cash surplus in the year. subsequent accounting year, unrecovered\nIn each \ndevelopment \nthe unrecovered\nequal \ndevelopment costs at the end of the preceding accounting\nyear, plus interest thereon at the rate of 10 % per annum,\nplus development costs incurred in the current accounting\nyear and less contractor\u2019s cash surplus in the current\naccounting year. The accounting year \nin which\nunrecovered development costs become zero for the first\nthe\nthe accounting year \ntime shall be \ncontractor\u2019s development costs with interest on the\nunrecovered portion thereof are fully recovered by his\ncash surplus. The contractor\u2019s cash surplus in any\naccounting year shall be his gross proceeds less his\noperating costs and less his payments to the Authority\nunder subparagraph (c). in which \n\n(ii) The second period of commercial production shall\ncommence \nthe\nthe accounting year \ntermination of the first period of commercial production\nand shall continue until the end of the contract. following \n\nin \n\nthe contractor\u2019s net proceeds. Subject \n\nment costs \nin the mining sector to the contractor\u2019s\ndevelopment costs. If the contractor engages in mining,\ntransporting polymetallic nodules and production primarily\nof three processed metals, namely, cobalt, copper and nickel,\nthe amount of attributable net proceeds shall not be less than\n25 % of \nto\nsubparagraph (n), in all other cases, including those where\nthe contractor engages in mining, transporting polymetallic\nnodules, and production primarily of four processed metals,\nnamely, cobalt, copper, manganese and nickel, the Authority\nmay, in its rules, regulations and procedures, prescribe\nappropriate floors which shall bear the same relationship to\neach case as the 25 % floor does to the three-metal case. (f) \u2018Contractor\u2019s net proceeds\u2019 means the contractor\u2019s gross\nproceeds less his operating costs and less the recovery of his\ndevelopment costs as set out in subparagraph (j). (g) (i) If \n\nin mining, \n\nthe contractor engages \n\ntransporting\npolymetallic nodules and production of processed metals,\n\u2018contractor\u2019s gross proceeds\u2019 means the gross revenues\nfrom the sale of the processed metals and any other\nmonies deemed reasonably attributable to operations\nunder the contract in accordance with the financial rules,\nregulations and procedures of the Authority. (ii) In all cases other than those specified in subparagraphs\n(g)(i) and (n)(iii), \u2018contractor\u2019s gross proceeds\u2019 means the\ngross revenues from the sale of the semi-processed metals\nfrom the polymetallic nodules recovered from the area\ncovered by the contract, and any other monies deemed\nreasonably attributable to operations under the contract\nin accordance with the financial rules, regulations and\nprocedures of the Authority. (h) \u2018Contractor\u2019s development costs\u2019 means:\n\n(i) all expenditures incurred prior to the commencement of\ncommercial production which are directly related to the\ndevelopment of the productive capacity of the area\ncovered by the contract and the activities related thereto\nfor operations under the contract in all cases other than\nthat specified in subparagraph (n), in conformity with\nincluding,\ngenerally recognised accounting principles, \ninter alia, costs of machinery, equipment, \nships,\nprocessing plant, construction, buildings, land, roads,\nprospecting and exploration of the area covered by the\ncontract, research and development, interest, required\nleases, licences and fees; and\n\n(ii) expenditures similar to those set forth in (i) incurred\nsubsequent \nthe commencement of commercial\nproduction and necessary to carry out the plan of work,\nexcept those chargeable to operating costs. to \n\n(i) The proceeds from the disposal of capital assets and the\nmarket value of those capital assets which are no longer\nrequired for operations under the contract and which are not\nsold shall be deducted from the contractor\u2019s development\ncosts during the relevant accounting year. When these\ndeductions exceed the contractor\u2019s development costs the\nexcess shall be added to the contractor\u2019s gross proceeds. (e) \u2018Attributable net proceeds\u2019 means the product of the\ncontractor\u2019s net proceeds and the ratio of the develop-\n\n(j) The contractor\u2019s development costs incurred prior to the\ncommencement of commercial production referred to in\n\n\fL 179/92\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nsubparagraphs (h)(i) and (n)(iv) shall be recovered in 10\nequal annual instalments from the date of commencement of\ncommercial production. The contractor\u2019s development costs\nincurred subsequent to the commencement of commercial\nproduction referred to in subparagraphs (h)(ii) and (n)(iv)\nshall be recovered in 10 or fewer equal annual instalments so\nas to ensure their complete recovery by the end of the\ncontract. (k) \u2018Contractor\u2019s operating costs\u2019 means all expenditures\nincurred after the commencement of commercial production\nin the operation of the productive capacity of the area\ncovered by the contract and the activities related thereto for\noperations under the contract, in conformity with generally\nrecognised accounting principles, including, inter alia, the\nannual fixed fee or the production charge, whichever is\ngreater, expenditures for wages, salaries, employee benefits,\nmaterials, services, transporting, processing and marketing\ncosts, \nthe marine\nenvironment, overhead and administrative costs specifically\nrelated to operations under the contract, and any net\noperating losses carried forward or backward as specified\nherein. Net operating losses may be carried forward for two\nconsecutive years except in the last two years of the contract\nin which case they may be carried backward to the two\npreceding years. interest, utilities, preservation of \n\n(l) If \n\nin mining, \n\nthe contractor engages \n\ntransporting of\npolymetallic nodules, and production of processed and\nsemi-processed metals, \u2018development costs of the mining\nsector\u2019 means the portion of the contractor\u2019s development\ncosts which is directly related to the mining of the resources\nof the area covered by the contract, in conformity with\ngenerally recognised accounting principles, and the financial\nrules, regulations and procedures of the Authority, including,\ninter alia, application fee, annual fixed fee and, where\napplicable, costs of prospecting and exploration of the area\ncovered by the contract, and a portion of research and\ndevelopment costs. (m) \u2018Return on investment\u2019 in any accounting year means the\nratio of attributable net proceeds in that year to the\ndevelopment costs of the mining sector. For the purpose of\ncomputing this ratio the development costs of the mining\nsector shall include expenditures on new or replacement\nequipment in the mining sector less the original cost of the\nequipment replaced. (n) If the contractor engages in mining only:\n\n(i) \n\n\u2018attributable net proceeds\u2019 means the whole of the\ncontractor\u2019s net proceeds;\n\n(ii) \n\n\u2018contractor\u2019s net proceeds\u2019 shall be as defined \nsubparagraph (f);\n\nin\n\n(iii) \u2018contractor\u2019s gross proceeds\u2019 means the gross revenues\nfrom the sale of the polymetallic nodules, and any other\nmonies deemed reasonably attributable to operations\nunder the contract in accordance with the financial\nrules, regulations and procedures of the Authority;\n\n(iv) \u2018contractor\u2019s development costs\u2019 means all expenditures\nincurred prior to the commencement of commercial\nproduction as set forth in subparagraph (h)(i), and all\nexpenditures incurred subsequent to the commencement\nof commercial production as set forth in subparagraph\n\n(h)(ii), which are directly related to the mining of the\nresources of the area covered by the contract, in\nconformity with generally \nrecognised accounting\nprinciples;\n\n(v) \n\n\u2018contractor\u2019s operating costs\u2019 means the contractor\u2019s\noperating costs as in subparagraph (k) which are\ndirectly related to the mining of the resources of the\narea covered by the contract \nin conformity with\ngenerally recognised accounting principles;\n\n(vi) \u2018return on investment\u2019 in any accounting year means the\nratio of the contractor\u2019s net proceeds in that year to the\ncontractor\u2019s development costs. For the purpose of\ncomputing this ratio, the contractor\u2019s development costs\ninclude expenditures on new or replacement\nshall \nequipment less the original cost of the equipment\nreplaced. (o) The costs referred to in subparagraphs (h), (k), (l) and (n) in\nrespect of interest paid by the contractor shall be allowed to\nthe extent that, in all the circumstances, the Authority\napproves, pursuant to Article 4(1) of this Annex, the\ndebt-equity ratio and the rates of interest as reasonable,\nhaving regard to existing commercial practice. (p) The costs referred to \n\nin this paragraph shall not be\ninterpreted as including payments of corporate income taxes\nor similar charges \nin respect of the\nlevied by States \noperations of the contractor. 7. (a) \u2018Processed metals\u2019, referred to in paragraphs 5 and 6,\nmeans the metals in the most basic form in which they\nare customarily traded on international terminal markets. For this purpose, the Authority shall specify, in its\nfinancial rules, regulations and procedures, the relevant\ninternational terminal market. For the metals which are\nnot traded on such markets, \u2018processed metals\u2019 means the\nmetals in the most basic form in which they are\ncustomarily \nlength\ntransactions. representative arm\u2019s \n\ntraded \n\nin \n\n(b) If the Authority cannot otherwise determine the quantity\nof the processed metals produced from the polymetallic\nnodules recovered from the area covered by the contract\nreferred to in paragraphs 5(b) and 6(b), the quantity shall\nbe determined on the basis of the metal content of the\nnodules, processing recovery efficiency and other relevant\nfactors, in accordance with the rules, regulations and\nprocedures of the Authority and in conformity with\ngenerally recognised accounting principles. 8. If an international terminal market provides a representative\npricing mechanism for processed metals, polymetallic nodules\nand semi-processed metals from the nodules, the average price\non that market shall be used. In all other cases, the Authority\nshall, after consulting the contractor, determine a fair price for\nthe said products in accordance with paragraph 9. 9. (a) All costs, expenditures, proceeds and revenues and all\ndeterminations of price and value referred to in this\nArticle shall be the result of free market or arm\u2019s length\ntransactions. In the absence thereof, they shall be\ndetermined by \nthe\ncontractor, as though they were the result of free market\n\nthe Authority, after consulting \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/93\n\nor arm\u2019s length transactions, taking into account relevant\ntransactions in other markets. for, and \n\nthe principles adopted \n\n(b) In order to ensure compliance with and enforcement of\nthe provisions of this paragraph, the Authority shall be\nguided by \nthe\ninterpretation given to, arm\u2019s length transactions by the\nCommission on Transnational Corporations of the\nUnited Nations, the Group of Experts on Tax Treaties\nbetween Developing and Developed Countries and other\nin \ninternational organisations, and shall, \nits rules,\nspecify uniform and\nregulations and procedures, \ninternationally \nand\nprocedures, and the means of selection by the contractor\nof certified independent accountants acceptable to the\nAuthority for the purpose of carrying out auditing in\ncompliance with those rules, regulations and procedures. accounting \n\nacceptable \n\nrules \n\n10. The contractor shall make available to the accountants, in\naccordance with the financial rules, regulations and procedures\nof the Authority, such financial data as are required to determine\ncompliance with this Article. 11. All costs, expenditures, proceeds and revenues, and all\nprices and values referred to in this Article, shall be determined\nin accordance with generally recognised accounting principles\nand the financial rules, regulations and procedures of the\nAuthority. 12. Payments to the Authority under paragraphs 5 and 6 shall\nbe made in freely usable currencies or currencies which are freely\navailable and effectively usable on the major foreign exchange\nmarkets or, at the contractor\u2019s option, in the equivalents of\nprocessed metals at market value. The market value shall be\ndetermined in accordance with paragraph 5(b). The freely usable\ncurrencies and currencies which are freely available and\neffectively usable on the major foreign exchange markets shall be\ndefined in the rules, regulations and procedures of the Authority\nin accordance with prevailing international monetary practice. 13. All financial obligations of the contractor to the Authority,\nas well as all his fees, costs, expenditures, proceeds and revenues\nreferred to in this Article, shall be adjusted by expressing them\nin constant terms relative to a base year. taking \n\n14. The Authority may, \nany\nrecommendations of the Economic Planning Commission and\nthe Legal and Technical Commission, adopt rules, regulations\nand procedures that provide for incentives, on a uniform and\nnon-discriminatory basis, to contractors to further the objectives\nset out in paragraph 1. account \n\ninto \n\n15. In the event of a dispute between the Authority and a\ncontractor over the interpretation or application of the financial\nterms of a contract, either party may submit the dispute to\nbinding commercial arbitration, unless both parties agree to\nsettle the dispute by other means, in accordance with Article\n188(2). Article 14\n\nTransfer of data\n\n1. The operator shall transfer to the Authority, in accordance\nwith its rules, regulations and procedures and the terms and\n\nconditions of the plan of work, at time intervals determined by\nthe Authority all data which are both necessary for and relevant\nto the effective exercise of the powers and functions of the\nprincipal organs of the Authority in respect of the area covered\nby the plan of work. 2. Transferred data in respect of the area covered by the plan of\nwork, deemed proprietary, may only be used for the purposes\nset forth in this article. Data necessary for the formulation by\nthe Authority of rules, regulations and procedures concerning\nprotection of the marine environment and safety, other than\nequipment design data, shall not be deemed proprietary. 3. Data transferred to the Authority by prospectors, applicants\nfor contracts or contractors, deemed proprietary, shall not be\ndisclosed by the Authority to the enterprise or to anyone\nexternal to the Authority, but data on the reserved areas may be\ndisclosed to the enterprise. Such data transferred by such persons\nto the enterprise shall not be disclosed by the enterprise to the\nAuthority or to anyone external to the Authority. Article 15\n\nTraining programmes\n\nThe contractor shall draw up practical programmes for the\ntraining of personnel of the Authority and developing States,\nincluding the participation of such personnel in all activities in\nthe area which are covered by the contract, in accordance with\nArticle 144(2). Article 16\n\nExclusive right to explore and exploit\n\nThe Authority shall, pursuant to Part XI and \nits rules,\nregulations and procedures, accord the operator the exclusive\nright to explore and exploit the area covered by the plan of\nwork in respect of a specified category of resources and shall\nensure that no other entity operates in the same area for a\ndifferent category of resources in a manner which might interfere\nwith the operations of the operator. The operator shall have\nsecurity of tenure in accordance with Article 153(6). Article 17\n\nRules, regulations and procedures of the Authority\n\n1. The Authority shall adopt and uniformly apply rules,\nregulations and procedures in accordance with Article 160(2)(f)\n(ii), and Article 162(2)(o)(ii) for the exercise of its functions as\nset forth in Part XI on, inter alia, the following matters:\n\n(a) administrative \n\nrelating \nexploration and exploitation in the area;\n\nprocedures \n\nto \n\nprospecting,\n\n(b) operations:\n\n(i) \n\nsize of area;\n\n(ii) \n\nduration of operations;\n\n\fL 179/94\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n(iii) performance \n\nincluding \npursuant to Article 4(6)(c) of this Annex;\n\nrequirements \n\nassurances\n\n(iv) \n\ncategories of resources;\n\n(v) \n\nrenunciation of areas;\n\n(vi) progress reports;\n\n(vii) submission of data;\n\n(viii) inspection and supervision of operations;\n\n(ix) prevention of interference with other activities in the\n\nmarine environment;\n\n(x) \n\ntransfer of rights and obligations by a contractor;\n\n(xi) procedures for transfer of technology to developing\nStates in accordance with Article 144 and for their\ndirect participation;\n\n(xii) mining standards and practices, \n\nthose\nrelating to operational safety, conservation of the\nresources and \nthe marine\nenvironment;\n\nthe protection of \n\nincluding \n\n(xiii) definition of commercial production;\n\n(xiv) qualification standards for applicants;\n\n(c) financial matters:\n\n(i) establishment of uniform and non-discriminatory\ncosting and accounting rules and the method of\nselection of auditors;\n\n(ii) apportionment of proceeds of operations;\n\n(iii) the incentives referred to in Article 13 of this Annex;\n\n(d) implementation of decisions taken pursuant to Article\n\n151(10) and Article 164(2)(d). 2. Rules, regulations and procedures on the following items\nshall fully reflect the objective criteria set out below:\n\nsufficient duration \n\nlife of the mining project, taking \n\n(iii) the duration of exploitation should be related to the\neconomic \ninto\nconsideration such factors as the depletion of the ore,\nthe useful life of mining equipment and processing\nfacilities and commercial viability. Exploitation should\nbe of \nto permit commercial\nextraction of minerals of the area and should include a\nreasonable \nof\ncommercial-scale mining and processing systems, during\nwhich period commercial production should not be\nrequired. The total duration of exploitation, however,\nshould also be short enough to give the Authority an\nopportunity to amend the terms and conditions of the\nplan of work at the time it considers renewal in\naccordance with rules, regulations and procedures which\nit has adopted subsequent to approving the plan of\nwork. construction \n\nperiod \n\ntime \n\nfor \n\n(c) Performance requirements\n\nThe Authority shall require that during the exploration stage\nperiodic expenditures be made by the operator which are\nreasonably related to the size of the area covered by the plan\nof work and the expenditures which would be expected of a\nbona fide operator who intended to bring the area into\ncommercial production within the time limits established by\nthe Authority. The required expenditures should not be\nestablished at a level which would discourage prospective\noperators with less costly technology than is prevalently in\nuse. The Authority shall establish a maximum time interval,\nafter the exploration stage is completed and the exploitation\nstage begins, \nto achieve commercial production. To\ndetermine this interval, the Authority should take into\nconsideration that construction of large-scale mining and\nprocessing systems cannot be \ninitiated until after the\ntermination of the exploration stage and the commencement\nof the exploitation stage. Accordingly, the interval to bring\nan area into commercial production should take into account\nthe time necessary for this construction after the completion\nof the exploration stage and reasonable allowance should be\nmade for unavoidable delays in the construction schedule. Once commercial production is achieved, the Authority shall\nwithin reasonable limits and taking into consideration all\nrelevant factors require the operator to maintain commercial\nproduction throughout the period of the plan of work. (a) Size of areas\n\n(d) Categories of resources\n\nThe Authority shall determine the appropriate size of areas\nfor exploration which may be up to twice as large as those\nfor exploitation in order to permit intensive exploration\noperations. The size of area shall be calculated to satisfy the\nrequirements of Article 8 of this Annex on reservation of\nareas as well as stated production requirements consistent\nwith Article 151 in accordance with the terms of the contract\ntaking into account the state of the art of technology then\navailable for sea-bed mining and the relevant physical\ncharacteristics of the areas. areas shall be neither smaller nor\nlarger than are necessary to satisfy this objective. (b) Duration of operations\n\n(i) prospecting shall be without time limit;\n\nIn determining the category of resources in respect of which\na plan of work may be approved, the Authority shall give\nemphasis inter alia to the following characteristics:\n\n(i) that certain resources require the use of similar mining\n\nmethods; and\n\n(ii) that some resources can be developed simultaneously\nwithout undue interference between operators developing\ndifferent resources in the same area. Nothing in this subparagraph shall preclude the Authority\nfrom approving a plan of work with respect to more than\none category of resources in the same area to the same\napplicant. (ii) exploration should be of sufficient duration to permit a\nthorough survey of the specific area, the design and\nconstruction of mining equipment for the area and the\ndesign and construction of small and medium-sized\nprocessing plants for the purpose of testing mining and\nprocessing systems;\n\n(e) Renunciation of areas\n\nThe operator shall have the right at any time to renounce\nwithout penalty the whole or part of his rights in the area\ncovered by a plan of work. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/95\n\n(f) Protection of the marine environment\n\nobjectives set out in the contract or in Part XI, the parties shall\nenter into negotiations to revise it accordingly. Rules, regulations and procedures shall be drawn up in order\nto secure effective protection of the marine environment\nfrom harmful effects directly resulting from activities in the\narea or from shipboard processing immediately above a mine\nsite of minerals derived from that mine site, taking into\naccount the extent to which such harmful effects may\ndirectly result from drilling, dredging, coring and excavation\nand from disposal, dumping and discharge into the marine\nenvironment of sediment, wastes or other effluents. (g) Commercial production\n\nCommercial production shall be deemed to have begun if an\noperator engages in sustained large-scale recovery operations\nwhich yield a quantity of materials sufficient to indicate\nclearly that the principal purpose is large-scale production\nrather than production intended for information gathering,\nanalysis or the testing of equipment or plant. Article 18\n\nPenalties\n\n1. A contractor\u2019s rights under the contract may be suspended or\nterminated only in the following cases:\n\n(a) if, in spite of warnings by the Authority, the contractor has\nconducted his activities in such a way as to result in serious,\npersistent and wilful violations of the fundamental terms of\nthe contract, Part XI and the rules, regulations and\nprocedures of the Authority; or\n\n(b) if the contractor has failed to comply with a final binding\ndecision of the dispute settlement body applicable to him. 2. In the case of any violation of the contract not covered by\nparagraph 1(a), or in lieu of suspension or termination under\nparagraph 1(a), the Authority may impose on the contractor\nmonetary penalties proportionate to the seriousness of the\nviolation. 3. Except for emergency orders under Article 162(2)(w), the\nAuthority may not execute a decision involving monetary\npenalties, suspension or termination until the contractor has\nbeen accorded a reasonable opportunity to exhaust the judicial\nremedies available to him pursuant to Part XI, Section 5. Article 19\n\nRevision of contract\n\n1. When circumstances have arisen or are likely to arise which,\nin the opinion of either party, would render the contract\ninequitable or make it impracticable or impossible to achieve the\n\n2. Any contract entered into in accordance with Article 153(3)\nmay be revised only with the consent of the parties. Article 20\n\nTransfer of rights and obligations\n\nThe rights and obligations arising under a contract may be\ntransferred only with the consent of the Authority, and in\naccordance with its rules, regulations and procedures. The\nAuthority shall not unreasonably withhold consent to the\ntransfer if the proposed transferee is in all respects a qualified\napplicant and assumes all of the obligations of the transferor and\nif the transfer does not confer to the transferee a plan of work,\nthe approval of which would be forbidden by Article 6(3)(c) of\nthis Annex. Article 21\n\nApplicable law\n\n1. The contract shall be governed by the terms of the contract,\nthe rules, regulations and procedures of the Authority, Part XI\nand other rules of international law not incompatible with this\nConvention. 2. Any final decision rendered by a court or tribunal having\njurisdiction under this Convention relating to the rights and\nobligations of the Authority and of the contractor shall be\nenforceable in the territory of each State Party. 3. No State Party may impose conditions on a contractor that\nare inconsistent with Part XI. However, the application by a\nState Party to contractors sponsored by it, or to ships flying its\nflag, of environmental or other laws and regulations more\nstringent than those in the rules, regulations and procedures of\nthe Authority adopted pursuant to Article 17(2)(f) of this Annex\nshall not be deemed inconsistent with Part XI. Article 22\n\nResponsibility\n\nThe contractor shall have responsibility or liability for any\ndamage arising out of wrongful acts in the conduct of its\noperations, account being taken of contributory acts or\nomissions by the Authority. Similarly, the Authority shall have\nresponsibility or liability for any damage arising out of wrongful\nacts in the exercise of its powers and functions, including\nviolations under Article 168(2), account being \ntaken of\ncontributory acts or omissions by the contractor. Liability in\nevery case shall be for the actual amount of damage. L 179/96\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nANNEX IV\n\nSTATUTE OF THE ENTERPRISE\n\nArticle 1\n\nPurposes\n\n1. The enterprise is the organ of the Authority which shall carry\nout activities in the area directly, pursuant to Article 153(2)(a),\nas well as the transporting, processing and marketing of minerals\nrecovered from the area. 2. In carrying out its purposes and in the exercise of its\nfunctions, the enterprise shall act in accordance with this\nConvention and the rules, regulations and procedures of the\nAuthority. 3. In developing the resources of the area pursuant to\nparagraph 1, the enterprise shall, subject to this Convention,\noperate in accordance with sound commercial principles. Article 2\n\nRelationship to the Authority\n\nto Article 170, \n\n1. Pursuant \nin\naccordance with the general policies of the Assembly and the\ndirectives of the Council. the enterprise shall act \n\n2. Subject to paragraph 1, the enterprise shall enjoy autonomy\nin the conduct of its operations. 3. Nothing in this Convention shall make the enterprise liable\nfor the acts or obligations of the Authority, or make the\nAuthority liable for the acts or obligations of the enterprise. Article 3\n\nLimitation of liability\n\nWithout prejudice to Article 11(3) of this Annex, no member of\nthe Authority shall be liable by reason only of its membership\nfor the acts or obligations of the enterprise. Article 4\n\nStructure\n\nThe enterprise shall have a Governing board, a Director-General\nand the staff necessary for the exercise of its functions. In the election of the members of the board, due regard shall be\npaid to the principle of equitable geographical distribution. In\nsubmitting nominations of candidates for election to the board,\nmembers of the Authority shall bear in mind the need to\nnominate candidates of the highest standard of competence, with\nqualifications in relevant fields, so as to ensure the viability and\nsuccess of the enterprise. 2. Members of the board shall be elected for four years and\nmay be re-elected; and due regard shall be paid to the principle\nof rotation of membership. 3. Members of the board shall continue in office until their\nsuccessors are elected. If the office of a member of the board\nbecomes vacant, the Assembly shall, in accordance with Article\n160(2)(c), elect a new member for the remainder of his\npredecessor\u2019s term. 4. Members of the board shall act in their personal capacity. In\nthe performance of their duties they shall not seek or receive\ninstructions from any government or from any other source. Each member of the Authority shall respect the independent\ncharacter of the members of the board and shall refrain from all\nattempts to influence any of them in the discharge of their\nduties. 5. Each member of the board shall receive remuneration to be\npaid out of the funds of the enterprise. The amount of\nremuneration shall be \nthe\nfixed by \nrecommendation of the Council. the Assembly, on \n\n6. The board shall normally function at the principal office of\nthe enterprise and shall meet as often as the business of the\nenterprise may require. 7. Two thirds of the members of the board shall constitute a\nquorum. 8. Each member of the board shall have one vote. All matters\nbefore the board shall be decided by a majority of its members. If a member has a conflict of interest on a matter before the\nboard he shall refrain from voting on that matter. 9. Any member of the Authority may ask the board for\ninformation in respect of its operations which particularly affect\nthat member. The board shall endeavour to provide such\ninformation. Article 5\n\nGoverning board\n\nArticle 6\n\nPowers and functions of the Governing board\n\n1. The Governing board shall be composed of 15 members\nelected by the Assembly in accordance with Article 160(2)(c). The Governing board shall direct the operations of the\nenterprise. Subject to this Convention, the Governing board\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/97\n\nshall exercise the powers necessary to fulfil the purposes of the\nenterprise, including powers:\n\n(a) to elect a chairman from among its members;\n\n(b) to adopt its rules of procedure;\n\n(c) to draw up and submit formal written plans of work to the\nCouncil in accordance with Article 153(3) and Article\n162(2)(j);\n\n(d) to develop plans of work and programmes for carrying out\n\nthe activities specified in Article 170;\n\n(e) to prepare and submit to the Council applications for\nproduction authorisations in accordance with Article 151(2)\nto (7);\n\n(f) to authorise negotiations concerning the acquisition of\ntechnology, including those provided for in Annex III, Article\n5(3)(a), (c) and (d), and to approve the results of those\nnegotiations;\n\n(g) to establish \n\nto authorise\nterms and conditions, and \nnegotiations, concerning joint ventures and other forms of\njoint arrangements referred to in Annex III, Articles 9 and\n11, and to approve the results of such negotiations;\n\n(h) to recommend to the Assembly what portion of the net\nincome of the enterprise should be retained as its reserves in\naccordance with Article 160(2)(f), and Article 10 of this\nAnnex;\n\n(i) to approve the annual budget of the enterprise;\n\n(j) to authorise the procurement of goods and services in\n\naccordance with Article 12(3) of this Annex;\n\n(k) to submit an annual report to the Council in accordance\n\nwith Article 9 of this Annex;\n\n(l) to submit to the Council for the approval of the Assembly\ndraft rules in respect of the organisation, management,\nappointment and dismissal of the staff of the enterprise and\nto adopt regulations to give effect to such rules;\n\n(m) to borrow funds and to furnish such collateral or other\nsecurity as it may determine in accordance with Article 11(2)\nof this Annex;\n\n(n) to enter \n\ninto any \n\nlegal proceedings, agreements and\ntransactions and to take any other actions in accordance\nwith Article 13 of this Annex;\n\n(o) to delegate, subject to the approval of the Council, any\nnon-discretionary powers to the Director-General and to its\ncommittees. 2. The Director-General shall be the legal representative and\nchief executive of the enterprise and shall be directly responsible\nto the board for the conduct of the operations of the enterprise. He shall be responsible for the organisation, management,\nappointment and dismissal of the staff of the enterprise in\naccordance with the rules and regulations referred to in Article\n6(1), of this Annex. He shall participate, without the right to\nvote, in the meetings of the board and may participate, without\nthe right to vote, in the meetings of the Assembly and the\nCouncil when these organs are dealing with matters concerning\nthe enterprise. in \n\n3. The paramount consideration \nthe recruitment and\nemployment of the staff and in the determination of their\nconditions of service shall be the necessity of securing the highest\nstandards of efficiency and of technical competence. Subject to\nthis consideration, due regard shall be paid to the importance of\nrecruiting the staff on an equitable geographical basis. In the performance of their duties the Director-General and\n4. the staff shall not seek or receive instructions from any\ngovernment or from any other source external to the enterprise. They shall refrain from any action which might reflect on their\nposition as international officials of the enterprise responsible\nonly to the enterprise. Each State Party undertakes to respect the\nexclusively international character of the responsibilities of the\nDirector-General and the staff and not to seek to influence them\nin the discharge of their responsibilities. 5. The responsibilities set forth in Article 168(2) are equally\napplicable to the staff of the enterprise. Article 8\n\nLocation\n\nThe enterprise shall have its principal office at the seat of the\nAuthority. The enterprise may establish other offices and\nfacilities in the territory of any State Party with the consent of\nthat State Party. Article 9\n\nReports and financial statements\n\n1. The enterprise shall, not later than three months after the\nend of each financial year, submit to the Council for its\nconsideration an annual report containing an audited statement\nof its accounts and shall transmit to the Council at appropriate\nintervals a summary statement of its financial position and a\nprofit and loss statement showing the results of its operations. 2. The enterprise shall publish its annual report and such other\nreports as it finds appropriate. Article 7\n\n3. All reports and financial statements referred to in this Article\nshall be distributed to the members of the Authority. Director-General and staff of the enterprise\n\nthe nomination of \n\n1. The Assembly shall, on the recommendation of the Council\nthe\nand \nDirector-General of the enterprise who shall not be a member of\nthe board. The Director-General shall hold office for a fixed\nterm, not exceeding five years, and may be re-elected for further\nterms. the Governing board, elect \n\nArticle 10\n\nAllocation of net income\n\n1. Subject to paragraph 3, the enterprise shall make payments\nto the Authority under Annex III, Article 13, or their\nequivalent. L 179/98\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n2. The Assembly shall, on \nthe\nGoverning board, determine what portion of the net income of\nthe enterprise shall be retained as reserves of the enterprise. The\nremainder shall be transferred to the Authority. the recommendation of \n\n3. During an initial period required for the enterprise to\nbecome self-supporting, which shall not exceed 10 years from\nthe commencement of commercial production by \nit, the\nAssembly shall exempt the enterprise from the payments referred\nto in paragraph 1, and shall leave all of the net income of the\nenterprise in its reserves. of the funds shall be guaranteed by all States Parties in\naccordance with the same scale. (c) If the sum of the financial contributions of States Parties\nis less than the funds to be provided to the enterprise\nunder subparagraph (a), the Assembly shall, at its first\nsession, consider the extent of the shortfall and adopt by\nconsensus measures for dealing with this shortfall, taking\ninto account the obligation of States Parties under\nsubparagraphs (a) and (b) and any recommendations of\nthe Preparatory Commission. Article 11\n\nFinances\n\n1. The funds of the enterprise shall include:\n\n(a) amounts received from the Authority in accordance with\n\nArticle 173(2)(b);\n\n(b) voluntary contributions made by States Parties for the\n\npurpose of financing activities of the enterprise;\n\n(c) amounts borrowed by the enterprise in accordance with\n\nparagraphs 2 and 3;\n\n(d) income of the enterprise from its operations;\n\n(e) other funds made available to the enterprise to enable it to\ncommence operations as soon as possible and to carry out its\nfunctions. 2. (a) The enterprise shall have the power to borrow funds and\nto furnish such collateral or other security as it may\ndetermine. Before making a public sale of its obligations\nin the financial markets or currency of a State Party, the\nenterprise shall obtain the approval of that State Party. The total amount of borrowings shall be approved by the\nCouncil on the recommendation of the Governing\nBoard. (b) States Parties shall make every reasonable effort to\nsupport applications by the enterprise for loans on capital\nmarkets and from international financial institutions. 3. (a) The enterprise shall be provided with the funds necessary\nto explore and exploit one mine site, and to transport,\nprocess and market the minerals recovered therefrom and\nthe nickel, copper, cobalt and manganese obtained, and\nto meet its initial administrative expenses. The amount of\nthe said funds, and the criteria and factors for its\nthe Preparatory\nadjustment, shall be \nCommission \nregulations and\nprocedures of the Authority. included by \nrules, \n\nthe draft \n\nin \n\n(b) All States Parties shall make available to the enterprise an\namount equivalent to one half of the funds referred to in\nsubparagraph (a) by way of long-term interest-free loans\nin accordance with the scale of assessments for the\nUnited Nations regular budget in force at the time when\nthe assessments are made, adjusted to take into account\nthe States which are not members of the United Nations. Debts incurred by the enterprise in raising the other half\n\n(d) (i) Each State Party shall, within 60 days after the entry\ninto force of this Convention, or within 30 days\nafter the deposit of its instrument of ratification or\nlater, deposit with the\naccession, whichever \nenterprise \nnon-\ninterest-bearing promissory notes in the amount of\nthe share of such State Party of interest-free loans\npursuant to subparagraph (b). is \nirrevocable, \n\nnon-negotiable, \n\n(ii) The board shall prepare, at the earliest practicable\ndate after this Convention enters into force, and\nthereafter at annual or other appropriate intervals, a\nits\nschedule of the magnitude and timing of \nrequirements for the funding of its administrative\nexpenses and for activities carried out by the\nenterprise in accordance with Article 170 and Article\n12 of this Annex. (iii) The States Parties shall, thereupon, be notified by\nthe enterprise, through the Authority, of their\nrespective shares of the funds in accordance with\nsubparagraph (b), required for such expenses. The\nenterprise shall encash such amounts of \nthe\npromissory notes as may be required to meet the\nexpenditure referred to in the schedule with respect\nto interest-free loans. (iv) States Parties shall, on receipt of the notification,\nmake available their respective shares of debt\nguarantees for the enterprise in accordance with\nsubparagraph (b). (e) (i) \n\nIf the enterprise so requests, State Parties may\nthose\nprovide debt guarantees \nprovided in accordance with the scale referred to in\nsubparagraph (b). in addition \n\nto \n\n(ii) In lieu of debt guarantees, a State Party may make a\nvoluntary contribution to the enterprise \nin an\namount equivalent to that portion of the debts\nwhich it would otherwise be liable to guarantee. (f) Repayment of the \n\ninterest-bearing \n\nloans shall have\npriority over the repayment of the interest-free loans. Repayment of interest-free loans shall be in accordance\nwith a schedule adopted by the Assembly, on the\nrecommendation of the Council and the advice of the\nboard. In the exercise of this function the board shall be\nguided by the relevant provisions of the rules, regulations\nand procedures of the Authority, which shall take into\naccount the paramount importance of ensuring the\neffective functioning of the enterprise and, in particular,\nensuring its financial independence. (g) Funds made available to the enterprise shall be in freely\nusable currencies or currencies which are freely available\nand effectively usable in the major foreign exchange\nmarkets. These currencies shall be defined in the rules,\nin\nregulations and procedures of \n\nthe Authority \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/99\n\naccordance with prevailing \ninternational monetary\npractice. Except as provided in paragraph 2, no State\nParty shall maintain or \nimpose restrictions on the\nholding, use or exchange by the enterprise of these\nfunds. (h) \u2018Debt guarantee\u2019 means a promise of a State Party to\ncreditors of the enterprise to pay, pro rata in accordance\nwith the appropriate scale, the financial obligations of the\nenterprise covered by the guarantee following notice by\nthe creditors to the State Party of a default by the\nthe payment of \nenterprise. Procedures \nthose\nfor \nobligations shall be \nin conformity with the rules,\nregulations and procedures of the Authority. 4. The funds, assets and expenses of the enterprise shall be kept\nseparate from those of the Authority. This Article shall not\nprevent the enterprise from making arrangements with the\nAuthority regarding facilities, personnel and services and\narrangements for reimbursement of administrative expenses paid\nby either on behalf of the other. 5. The records, books and accounts of the enterprise, including\nits annual financial statements, shall be audited annually by an\nindependent auditor appointed by the Council. Article 12\n\nOperations\n\n1. The enterprise shall propose to the Council projects for\ncarrying out activities in accordance with Article 170. Such\nproposals shall include a formal written plan of work for\nactivities in the area in accordance with Article 153(3), and all\nsuch other information and data as may be required from time\nto time for its appraisal by the Legal and Technical Commission\nand approval by the Council. 2. On approval by the Council, the enterprise shall execute the\nproject on the basis of the formal written plan of work referred\nto in paragraph 1. 3. (a) If the enterprise does not possess the goods and services\nrequired for its operations it may procure them. For that\npurpose, it shall issue invitations to tender and award\ncontracts to bidders offering the best combination of\nquality, price and delivery time. (b) If \n\nthere \n\nis more \n\nthan one bid offering such a\ncombination, the contract shall be awarded in accordance\nwith:\n\n(i) the principle of non-discrimination on the basis of\npolitical or other considerations not relevant to the\ncarrying out of operations with due diligence and\nefficiency; and\n\n(ii) guidelines approved by the Council with regard to the\npreferences to be accorded to goods and services\noriginating \nthe\nland-locked and geographically disadvantaged among\nthem. in developing States, \n\nincluding \n\n(c) The Governing board may adopt rules determining the\nin which the requirement of\n\nspecial circumstances \n\ninvitations to bid may, in the best interests of the\nenterprise, be dispensed with. 4. The enterprise shall have title to all minerals and processed\nsubstances produced by it. 5. The enterprise shall sell its products on a non-discriminatory\nbasis. It shall not give non-commercial discounts. 6. Without prejudice to any general or special power conferred\non the enterprise under any other provision of this Convention,\nthe enterprise shall exercise such powers incidental to its\nbusiness as shall be necessary. 7. The enterprise shall not interfere in the political affairs of\nany State Party; nor shall it be influenced in its decisions by the\npolitical character of the State Party concerned. Only commercial\nconsiderations shall be relevant to its decisions, and these\nconsiderations shall be weighed impartially in order to carry out\nthe purposes specified in Article 1 of this Annex. Article 13\n\nLegal status, privileges and immunities\n\n1. To enable the enterprise to exercise its functions, the status,\nprivileges and immunities set forth in this Article shall be\naccorded to the enterprise in the territories of States Parties. To\ngive effect to this principle the enterprise and States Parties may,\nwhere necessary, enter into special agreements. 2. The enterprise shall have such legal capacity as is necessary\nfor the exercise of its functions and the fulfilment of its purposes\nand, in particular, the capacity:\n\n(a) to enter \n\ninto contracts, \n\njoint arrangements or other\nincluding agreements with States and\n\narrangements, \ninternational organisations;\n\n(b) to acquire, lease, hold and dispose of immovable and\n\nmovable property;\n\n(c) to be a party to legal proceedings. 3. (a) Actions may be brought against the enterprise only in a\ncourt of competent jurisdiction in the territory of a State\nParty in which the enterprise:\n\n(i) has an office or facility;\n\n(ii) has appointed an agent for the purpose of accepting\n\nservice or notice of process;\n\n(iii) has entered into a contract for goods or services;\n\n(iv) has issued securities; or\n\n(v) \n\nis otherwise engaged in commercial activity. (b) The property and assets of the enterprise, wherever\nlocated and by whomsoever held, shall be immune from\nall forms of seizure, attachment or execution before the\ndelivery of final judgment against the enterprise. L 179/100\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n4. (a) The property and assets of the enterprise, wherever\nlocated and by whomsoever held, shall be immune from\nrequisition, confiscation, expropriation or any other form\nof seizure by executive or legislative action. (b) The property and assets of the enterprise, wherever\nlocated and by whomsoever held, shall be free from\ndiscriminatory restrictions, regulations, controls and\nmoratoriums of any nature. (c) The enterprise and its employees shall respect local laws\nand regulations in any State or territory in which the\nenterprise or its employees may do business or otherwise\nact. (d) States Parties shall ensure that the enterprise enjoys all\nrights, privileges and immunities accorded by them to\ntheir\nentities conducting commercial activities \nterritories. These rights, privileges and immunities shall\nbe accorded to the enterprise on no less favourable a\nbasis than that on which they are accorded to entities\nin similar commercial activities. If special\nengaged \n\nin \n\nprivileges are provided by States Parties for developing\nStates or their commercial entities, the enterprise shall\nenjoy those privileges on a similarly preferential basis. (e) States Parties may provide special incentives, rights,\nprivileges and immunities to the enterprise without the\nobligation to provide such incentives, rights, privileges\nand immunities to other commercial entities. 5. The enterprise shall negotiate with the host countries in\nwhich its offices and facilities are located for exemption from\ndirect and indirect taxation. 6. Each State Party shall take such action as is necessary for\ngiving effect in terms of its own law to the principles set forth in\nthis Annex and shall inform the enterprise of the specific action\nwhich it has taken. 7. The enterprise may waive any of the privileges and\nimmunities conferred under this Article or in the special\nagreements referred to in paragraph 1 to such extent and on\nsuch conditions as it may determine. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/101\n\nANNEX V\n\nCONCILIATION\n\nS e c t i o n 1\n\nCONCILIATION PROCEDURE PURSUANT TO SECTION 1\nOF PART XV\n\nArticle 1\n\nInstitution of proceedings\n\nIf the parties to a dispute have agreed, in accordance with\nArticle 284, to submit it to conciliation under this section, any\nsuch party may institute the proceedings by written notification\naddressed to the other party or parties to the dispute. Article 2\n\nList of conciliators\n\nA list of conciliators shall be drawn up and maintained by the\nSecretary-General of the United Nations. Every State Party shall\nbe entitled to nominate four conciliators, each of whom shall be\na person enjoying the highest reputation for fairness, competence\nand integrity. The names of the persons so nominated shall\nconstitute the list. If at any time the conciliators nominated by a\nState Party in the list so constituted shall be fewer than four,\nthat State Party shall be entitled to make further nominations as\nnecessary. The name of a conciliator shall remain on the list\nuntil withdrawn by the State Party which made the nomination,\nprovided that such conciliator shall continue to serve on any\nConciliation Commission to which that conciliator has been\nappointed until the completion of the proceedings before that\nCommission. Article 3\n\nConstitution of the Conciliation Commission\n\nThe Conciliation Commission shall, unless the parties otherwise\nagree, be constituted as follows:\n\n(a) subject to subparagraph (g), the Conciliation Commission\n\nshall consist of five members;\n\n(b) the party instituting the proceedings shall appoint two\nconciliators to be chosen preferably from the list referred to\nin Article 2 of this Annex, one of whom may be its national,\nunless the parties otherwise agree. Such appointments shall\nbe included in the notification referred to in Article 1 of this\nAnnex;\n\n(c) the other party to the dispute shall appoint two conciliators\nin the manner set forth in subparagraph (b) within 21 days\nof receipt of the notification referred to in Article 1 of this\nAnnex. If the appointments are not made within that period,\nthe party instituting the proceedings may, within one week of\nthe expiration of \nthe\nproceedings by notification addressed to the other party or\nrequest the Secretary-General of the United Nations to make\nthe appointments in accordance with subparagraph (e);\n\nthat period, either \n\nterminate \n\n(d) within 30 days after all four conciliators have been\nappointed, they shall appoint a fifth conciliator chosen from\nthe list referred to in Article 2 of this Annex, who shall be\nchairman. If the appointment is not made within that period,\neither party may, within one week of the expiration of that\nperiod, request the Secretary-General of the United Nations\nto make the appointment in accordance with subparagraph\n(e);\n\n(e) within 30 days of \n\nthe receipt of a request under\nsubparagraph (c) or (d), the Secretary-General of the United\nNations shall make the necessary appointments from the list\nreferred to in Article 2 of this Annex in consultation with the\nparties to the dispute;\n\n(f) any vacancy shall be filled in the manner prescribed for the\n\ninitial appointment;\n\n(g) two or more parties which determine by agreement that they\nare of the same interest shall appoint two conciliators jointly. Where two or more parties have separate interests or there is\na disagreement as to whether they are of the same interest,\nthey shall appoint conciliators separately;\n\n(h) in disputes involving more than two parties having separate\ninterests, or where there is disagreement as to whether they\nare of \nshall apply\nthe parties \nsubparagraphs (a) to (f) in so far as possible. interest, \n\nsame \n\nthe \n\nArticle 4\n\nProcedure\n\nThe Conciliation Commission shall, unless the parties otherwise\nagree, determine its own procedure. The Commission may, with\nthe consent of the parties to the dispute, invite any State Party to\nsubmit to it its views orally or in writing. Decisions of the\nCommission regarding procedural matters, the report and\nrecommendations shall be made by a majority vote of its\nmembers. Article 5\n\nAmicable settlement\n\nThe Commission may draw the attention of the parties to any\nmeasures which might facilitate an amicable settlement of the\ndispute. Article 6\n\nFunctions of the Commission\n\nThe Commission shall hear the parties, examine their claims and\nobjections, and make proposals to the parties with a view to\nreaching an amicable settlement. L 179/102\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 7\n\nReport\n\nS e c t i o n 2\n\nCOMPULSORY \n\nSUBMISSION \n\nTO \n\nCONCILIATION\n\nPROCEDURE PURSUANT TO SECTION 3 OF PART XV\n\n1. The Commission shall report within 12 months of its\nconstitution. Its report shall record any agreements reached and,\nfailing agreement, its conclusions on all questions of fact or law\nrelevant to the matter in dispute and such recommendations as\nthe Commission may deem appropriate for an amicable\nthe\nsettlement. The \nSecretary-General of the United Nations and shall immediately\nbe transmitted by him to the parties to the dispute. shall be deposited with \n\nreport \n\n2. The report of the Commission, including its conclusions or\nrecommendations, shall not be binding on the parties. Article 8\n\nTermination\n\nThe conciliation proceedings are terminated when a settlement\nhas been reached, when the parties have accepted or one party\nhas rejected the recommendations of the report by written\nnotification addressed to the Secretary-General of the United\nNations, or when a period of three months has expired from the\ndate of transmission of the report to the parties. Article 11\n\nInstitution of proceedings\n\n1. Any party to a dispute which, in accordance with Part XV,\nSection 3, may be submitted to conciliation under this section,\nmay institute the proceedings by written notification addressed\nto the other party or parties to the dispute. 2. Any party to the dispute, notified under paragraph 1, shall\nbe obliged to submit to such proceedings. Article 12\n\nFailure to reply or to submit to conciliation\n\nThe failure of a party or parties to the dispute to reply to\nnotification of institution of proceedings or to submit to such\nproceedings shall not constitute a bar to the proceedings. Article 9\n\nFees and expenses\n\nArticle 13\n\nCompetence\n\nThe fees and expenses of the Commission shall be borne by the\nparties to the dispute. A disagreement as to whether a Conciliation Commission acting\nunder this section has competence shall be decided by the\nCommission. Article 10\n\nRight of parties to modify procedure\n\nArticle 14\n\nApplication of Section 1\n\nThe parties to the dispute may by agreement applicable solely to\nthat dispute modify any provision of this Annex. Articles 2 to 10 of Section 1 of this Annex apply subject to this\nsection. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/103\n\nSTATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA\n\nANNEX VI\n\nArticle 1\n\nGeneral provisions\n\n1. The International Tribunal for the Law of the Sea is\nconstituted and shall function in accordance with the provisions\nof this Convention and this Statute. 2. The seat of the Tribunal shall be in the Free and Hanseatic\nCity of Hamburg in the Federal Republic of Germany. 3. The Tribunal may sit and exercise its functions elsewhere\nwhenever it considers this desirable. 4. A reference of a dispute to the Tribunal shall be governed by\nthe provisions of Parts XI and XV. S e c t i o n 1\n\nORGANISATION OF THE TRIBUNAL\n\n2. At least three months before the date of the election, the\nSecretary-General of the United Nations in the case of the first\nelection and the Registrar of the Tribunal in the case of\nsubsequent elections shall address a written invitation to the\nStates Parties to submit their nominations for members of the\nTribunal within two months. He shall prepare a \nin\nalphabetical order of all the persons thus nominated, with an\nindication of the States Parties which have nominated them, and\nshall submit it to the States Parties before the seventh day of the\nlast month before the date of each election. list \n\n3. The first election shall be held within six months of the date\nof entry into force of this Convention. 4. The members of the Tribunal shall be elected by secret\nballot. Elections shall be held at a meeting of the States Parties\nconvened by the Secretary-General of the United Nations in the\ncase of the first election and by a procedure agreed to by the\nStates Parties in the case of subsequent elections. Two thirds of\nthe States Parties shall constitute a quorum at that meeting. The\npersons elected to the Tribunal shall be those nominees who\nobtain the largest number of votes and a two-thirds majority of\nthe States Parties present and voting, provided that such\nmajority includes a majority of the States Parties. Article 2\n\nComposition\n\nArticle 5\n\nTerm of office\n\n1. The Tribunal shall be composed of a body of 21 independent\nmembers, elected from among persons enjoying the highest\nreputation \nintegrity and of recognised\ncompetence in the field of the law of the sea. fairness and \n\nfor \n\nIn the Tribunal as a whole the representation of the principal\nthe world and equitable geographical\n\n2. legal systems of \ndistribution shall be assured. Article 3\n\nMembership\n\n1. No two members of the Tribunal may be nationals of the\nsame State. A person who for the purposes of membership in the\nTribunal could be regarded as a national of more than one State\nshall be deemed to be a national of the one in which he\nordinarily exercises civil and political rights. 2. There shall be no fewer than three members from each\ngeographical group as established by the General Assembly of\nthe United Nations. 1. The members of the Tribunal shall be elected for nine years\nand may be re-elected; provided, however, for the members\nelected at the first election, the terms of seven members shall\nexpire at the end of three years and the terms of seven more\nmembers shall expire at the end of six years. 2. The members of the Tribunal whose terms are to expire at\nthe end of the abovementioned initial periods of three and six\nyears \nthe\nSecretary-General of the United Nations immediately after the\nfirst election. shall be chosen by \n\nto be drawn by \n\nlot \n\n3. The members of the Tribunal shall continue to discharge\ntheir duties until their places have been filled. Though replaced,\nthey shall finish any proceedings which they may have begun\nbefore the date of their replacement. 4. In the case of the resignation of a member of the Tribunal,\nthe letter of resignation shall be addressed to the President of the\nTribunal. The place becomes vacant on the receipt of that\nletter. Article 6\n\nVacancies\n\nArticle 4\n\nNominations and elections\n\n1. Each State Party may nominate not more than two persons\nhaving the qualifications prescribed in Article 2 of this Annex. The members of the Tribunal shall be elected from the list of\npersons thus nominated. 1. Vacancies shall be filled by the same method as that laid\ndown for the first election, subject to the following provision:\nthe Registrar shall, within one month of the occurrence of the\nvacancy, proceed to issue the invitations provided for in Article\n4 of this Annex, and the date of the election shall be fixed by the\nPresident of the Tribunal after consultation with the States\nParties. L 179/104\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n2. A member of the Tribunal elected to replace a member\nwhose term of office has not expired shall hold office for the\nremainder of his predecessor\u2019s term. Article 12\n\nPresident, Vice-President and Registrar\n\nArticle 7\n\nIncompatible activities\n\n1. No member of the Tribunal may exercise any political or\nadministrative function, or associate actively with or be\nfinancially interested in any of the operations of any enterprise\nconcerned with the exploration for or exploitation of the\nresources of the sea or the sea-bed or other commercial use of\nthe sea or the sea-bed. 2. No member of the Tribunal may act as agent, counsel or\nadvocate in any case. 3. Any doubt on these points shall be resolved by decision of\nthe majority of the other members of the Tribunal present. Article 8\n\nConditions relating to participation of members in a particular\ncase\n\n1. No member of the Tribunal may participate in the decision\nof any case in which he has previously taken part as agent,\ncounsel or advocate for one of the parties, or as a member of a\nnational or international court or tribunal, or in any other\ncapacity. If, for some special reason, a member of the Tribunal\n2. considers that he should not take part in the decision of a\nparticular case, he shall so \ninform the President of the\nTribunal. If the President considers that for some special reason one of\n3. the members of the Tribunal should not sit in a particular case,\nhe shall give him notice accordingly. 4. Any doubt on these points shall be resolved by decision of\nthe majority of the other members of the Tribunal present. Article 9\n\nConsequence of ceasing to fulfil required conditions\n\nIf, in the unanimous opinion of the other members of the\nTribunal, a member has ceased to fulfil the required conditions,\nthe President of the Tribunal shall declare the seat vacant. Article 10\n\nPrivileges and immunities\n\nThe members of the Tribunal, when engaged on the business of\nthe Tribunal, shall enjoy diplomatic privileges and immunities. Article 11\n\nSolemn declaration by members\n\nEvery member of the Tribunal shall, before taking up his duties,\nmake a solemn declaration in open session that he will exercise\nhis powers impartially and conscientiously. 1. The Tribunal shall elect its President and Vice-President for\nthree years; they may be re-elected. 2. The Tribunal shall appoint its Registrar and may provide for\nthe appointment of such other officers as may be necessary. 3. The President and the Registrar shall reside at the seat of the\nTribunal. Article 13\n\nQuorum\n\n1. All available members of the Tribunal shall sit; a quorum of\n11 elected members shall be required to constitute the\nTribunal. 2. Subject to Article 17 of this Annex, the Tribunal shall\ndetermine which members are available to constitute the\nTribunal for the consideration of a particular dispute, having\nregard to the effective functioning of the chambers as provided\nfor in Articles 14 and 15 of this Annex. 3. All disputes and applications submitted to the Tribunal shall\nbe heard and determined by the Tribunal, unless Article 14 of\nthis Annex applies, or the parties request that it shall be dealt\nwith in accordance with Article 15 of this Annex. Article 14\n\nSea-bed Disputes Chamber\n\nA Sea-bed Disputes Chamber shall be established in accordance\nwith the provisions of Section 4 of this Annex. Its jurisdiction,\npowers and functions shall be as provided for in Part XI, Section\n5. Article 15\n\nSpecial chambers\n\n1. The Tribunal may form such chambers, composed of three\nor more of its elected members, as it considers necessary for\ndealing with particular categories of disputes. 2. The Tribunal shall form a chamber for dealing with a\nparticular dispute submitted to it if the parties so request. The\ncomposition of such a chamber shall be determined by the\nTribunal with the approval of the parties. 3. With a view to the speedy dispatch of business, the Tribunal\nshall form annually a chamber composed of five of its elected\nmembers which may hear and determine disputes by summary\nprocedure. Two alternative members shall be selected for the\npurpose of replacing members who are unable to participate in a\nparticular proceeding. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/105\n\n4. Disputes shall be heard and determined by the chambers\nprovided for in this Article if the parties so request. 3. The Vice-President shall receive a special allowance for each\nday on which he acts as President. 5. A judgment given by any of the chambers provided for in\nthis Article and in Article 14 of this Annex shall be considered as\nrendered by the Tribunal. elected members of \n\n4. The members chosen under Article 17 of this Annex, other\nreceive\nthan \ncompensation for each day on which they exercise their\nfunctions. the Tribunal, \n\nshall \n\nArticle 16\n\nRules of the Tribunal\n\n5. The \nshall be\nsalaries, allowances and compensation \ndetermined from time to time at meetings of the States Parties,\ntaking into account the work load of the Tribunal. They may\nnot be decreased during the term of office. The Tribunal shall frame rules for carrying out its functions. In\nparticular it shall lay down rules of procedure. 6. The salary of the Registrar shall be determined at meetings\nof the States Parties, on the proposal of the Tribunal. Article 17\n\nNationality of members\n\n1. Members of the Tribunal of the nationality of any of the\nparties to a dispute shall retain their right to participate as\nmembers of the Tribunal. 2. If the Tribunal, when hearing a dispute, includes on the\nbench a member of the nationality of one of the parties, any\nother party may choose a person to participate as a member of\nthe Tribunal. 3. If the Tribunal, when hearing a dispute, does not include on\nthe bench a member of the nationality of the parties, each of\nthose parties may choose a person to participate as a member of\nthe Tribunal. 4. This Article applies to the chambers referred to in Articles 14\nand 15 of this Annex. In such cases, the President, \nin\nconsultation with the parties, shall request specified members of\nthe Tribunal forming the chamber, as many as necessary, to give\nplace to the members of the Tribunal of the nationality of the\nparties concerned, and, failing such, or if they are unable to be\npresent, to the members specially chosen by the parties. 5. Should there be several parties in the same interest, they\nshall, for the purpose of the preceding provisions, be considered\nas one party only. Any doubt on this point shall be settled by\nthe decision of the Tribunal. 6. Members chosen in accordance with paragraphs 2, 3 and 4\nshall fulfil the conditions required by Articles 2, 8 and 11 of this\nAnnex. They shall participate in the decision on terms of\ncomplete equality with their colleagues. Article 18\n\nRemuneration of members\n\n1. Each elected member of the Tribunal shall receive an annual\nallowance and, for each day on which he exercises his functions,\na special allowance, provided that in any year the total sum\npayable to any member as special allowance shall not exceed the\namount of the annual allowance. 2. The President shall receive a special annual allowance. 7. Regulations adopted at meetings of the States Parties shall\ndetermine the conditions under which retirement pensions may\nbe given to members of the Tribunal and to the Registrar, and\nthe conditions under which members of the Tribunal and\nRegistrar shall have their travelling expenses refunded. 8. The salaries, allowances, and compensation shall be free of\nall taxation. Article 19\n\nExpenses of the Tribunal\n\n1. The expenses of the Tribunal shall be borne by the States\nParties and by the Authority on such terms and in such a\nmanner as shall be decided at meetings of the States Parties. 2. When an entity other than a State Party or the Authority is a\nparty to a case submitted to it, the Tribunal shall fix the amount\nwhich that party is to contribute towards the expenses of the\nTribunal. S e c t i o n 2\n\nCOMPETENCE\n\nArticle 20\n\nAccess to the Tribunal\n\n1. The Tribunal shall be open to States Parties. 2. The Tribunal shall be open to entities other than States\nParties in any case expressly provided for in Part XI or in any\ncase submitted pursuant to any other agreement conferring\njurisdiction on the Tribunal which is accepted by all the parties\nto that case. Article 21\n\nJurisdiction\n\nThe jurisdiction of the Tribunal comprises all disputes and all\napplications submitted to it in accordance with this Convention\nand all matters specifically provided for in any other agreement\nwhich confers jurisdiction on the Tribunal. L 179/106\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 22\n\nReference of disputes subject to other agreements\n\n2. The hearing shall be public, unless the Tribunal decides\notherwise or unless the parties demand that the public be not\nadmitted. If all the parties to a treaty or convention already in force and\nconcerning the subject-matter covered by this Convention so\nagree, any disputes concerning the interpretation or application\nof such treaty or convention may, in accordance with such\nagreement, be submitted to the Tribunal. Article 27\n\nConduct of case\n\nArticle 23\n\nApplicable law\n\nThe Tribunal shall make orders for the conduct of the case,\ndecide the form and time in which each party must conclude its\narguments, and make all arrangements connected with the\ntaking of evidence. The Tribunal shall decide all disputes and applications in\naccordance with Article 293. Article 28\n\nDefault\n\nS e c t i o n 3\n\nPROCEDURE\n\nArticle 24\n\nInstitution of proceedings\n\n1. Disputes are submitted to the Tribunal, as the case may be,\neither by notification of a special agreement or by written\napplication, addressed to the Registrar. In either case, the subject\nof the dispute and the parties shall be indicated. 2. The Registrar shall forthwith notify the special agreement or\nthe application to all concerned. 3. The Registrar shall also notify all States Parties. When one of the parties does not appear before the Tribunal or\nfails to defend its case, the other party may request the Tribunal\nto continue the proceedings and make its decision. Absence of a\nparty or failure of a party to defend its case shall not constitute\na bar to the proceedings. Before making its decision, the\nTribunal must satisfy itself not only that it has jurisdiction over\nthe dispute, but also that the claim is well founded in fact and\nlaw. Article 29\n\nMajority for decision\n\n1. All questions shall be decided by a majority of the members\nof the Tribunal who are present. 2. In the event of an equality of votes, the President or the\nmember of the Tribunal who acts in his place shall have a\ncasting vote. Article 25\n\nProvisional measures\n\nArticle 30\n\nJudgment\n\n1. In accordance with Article 290, the Tribunal and its Sea-bed\nDisputes Chamber shall have the power to prescribe provisional\nmeasures. It shall contain the names of the members of the Tribunal\n\n2. who have taken part in the decision. 1. The judgment shall state the reasons on which it is based. 2. If the Tribunal is not in session or a sufficient number of\nmembers is not available to constitute a quorum, the provisional\nmeasures shall be prescribed by the chamber of summary\nthis Annex. procedure \nNotwithstanding Article 15(4) of this Annex, such provisional\nmeasures may be adopted at the request of any party to the\ndispute. They shall be subject to review and revision by the\nTribunal. formed under Article 15(3) of \n\n3. If the judgment does not represent in whole or in part the\nunanimous opinion of the members of the Tribunal, any member\nshall be entitled to deliver a separate opinion. 4. The judgment shall be signed by the President and by the\nRegistrar. It shall be read in open court, due notice having been\ngiven to the parties to the dispute. Article 26\n\nHearing\n\nArticle 31\n\nRequest to intervene\n\n1. The hearing shall be under the control of the President or, if\nhe is unable to preside, of the Vice-President. If neither is able to\npreside, the senior judge present of the Tribunal shall preside. 1. Should a State Party consider that it has an interest of a legal\nnature which may be affected by the decision in any dispute, it\nmay submit a request to the Tribunal to be permitted to\nintervene. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/107\n\n2. It shall be for the Tribunal to decide on this request. 3. If a request to intervene is granted, the decision of the\nTribunal in respect of the dispute shall be binding on the\nintervening State Party in so far as it relates to matters in respect\nof which that State Party intervened. Article 32\n\nRight to intervene in cases of interpretation or application\n\n2. In the selection of the members of the Chamber, the\nrepresentation of the principal legal systems of the world and\nequitable geographical distribution shall be assured. The\nAssembly of the Authority may adopt recommendations of a\ngeneral nature relating to such representation and distribution. 3. The members of the Chamber shall be selected every three\nyears and may be selected for a second term. 4. The Chamber shall elect its President from among its\nmembers, who shall serve for the term for which the Chamber\nhas been selected. 1. Whenever \nthis\nConvention is in question, the Registrar shall notify all States\nParties forthwith. interpretation or application of \n\nthe \n\n5. If any proceedings are still pending at the end of any\nthree-year period for which the Chamber has been selected, the\nChamber shall complete \nits original\ncomposition. the proceedings \n\nin \n\n2. Whenever pursuant to Article 21 or 22 of this Annex the\ninterpretation or application of an international agreement is in\nquestion, the Registrar shall notify all the parties to the\nagreement. 3. Every party referred to in paragraphs 1 and 2 has the right\nto intervene in the proceedings; if it uses this right, the\ninterpretation given by the judgment will be equally binding on\nit. Article 33\n\nFinality and binding force of decisions\n\n1. The decision of the Tribunal is final and shall be complied\nwith by all the parties to the dispute. 2. The decision shall have no binding force except between the\nparties in respect of that particular dispute. 3. In the event of dispute as to the meaning or scope of the\ndecision, the Tribunal shall construe it on the request of any\nparty. Article 34\n\nCosts\n\nIf a vacancy occurs in the Chamber, the Tribunal shall select\n6. a successor from among its elected members, who shall hold\noffice for the remainder of his predecessor\u2019s term. 7. A quorum of seven of the members selected by the Tribunal\nshall be required to constitute the Chamber. Article 36\n\nAd hoc chambers\n\n1. The Sea-bed Disputes Chamber shall form an ad hoc\nchamber, composed of three of its members, for dealing with a\nparticular dispute submitted to it in accordance with Article\n188(1)(b). The composition of such a chamber shall be\ndetermined by the Sea-bed Disputes Chamber with the approval\nof the parties. 2. If the parties do not agree on the composition of an ad hoc\nchamber, each party to the dispute shall appoint one member,\nand the third member shall be appointed by them in agreement. If they disagree, or if any party fails to make an appointment,\nthe President of the Sea-bed Disputes Chamber shall promptly\nmake the appointment or appointments from among \nits\nmembers, after consultation with the parties. 3. Members of the ad hoc chamber must not be in the service\nof, or nationals of, any of the parties to the dispute. Unless otherwise decided by the Tribunal, each party shall bear\nits own costs. Article 37\n\nAccess\n\nS e c t i o n 4\n\nSEA-BED DISPUTES CHAMBER\n\nArticle 35\n\nComposition\n\n1. The Sea-bed Disputes Chamber referred to in Article 14 of\nthis Annex shall be composed of 11 members, selected by a\nmajority of the elected members of the Tribunal from among\nthem. The Chamber shall be open to the States Parties, the Authority\nand the other entities referred to in Part XI, Section 5. Article 38\n\nApplicable law\n\nIn addition to the provisions of Article 293, the Chamber shall\napply:\n\n(a) the rules, regulations and procedures of the Authority\n\nadopted in accordance with this Convention; and\n\n(b) the terms of contracts concerning activities in the area in\n\nmatters relating to those contracts. L 179/108\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 39\n\nEnforcement of decisions of the Chamber\n\nThe decisions of the Chamber shall be enforceable in the\nterritories of the States Parties in the same manner as judgments\nor orders of the highest court of the State Party in whose\nterritory the enforcement is sought. S e c t i o n 5\n\nAMENDMENTS\n\nArticle 41\n\nAmendments\n\nArticle 40\n\nApplicability of other sections of this Annex\n\n1. Amendments to this Annex, other than amendments to\nSection 4, may be adopted only in accordance with Article 313\nor by consensus at a conference convened in accordance with\nthis Convention. 1. The other sections of this Annex which are not incompatible\nwith this section apply to the Chamber. 2. Amendments to Section 4 may be adopted only \naccordance with Article 314. in\n\n2. In the exercise of its functions relating to advisory opinions,\nthe Chamber shall be guided by the provisions of this Annex\nrelating to procedure before the Tribunal to the extent to which\nit recognises them to be applicable. 3. The Tribunal may propose such amendments to this Statute\nas it may consider necessary, by written communications to the\nStates Parties for their consideration \nin conformity with\nparagraphs 1 and 2. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/109\n\nANNEX VII\n\nARBITRATION\n\nArticle 1\n\nInstitution of proceedings\n\nSubject to the provisions of Part XV, any party to a dispute may\nsubmit the dispute to the arbitral procedure provided for in this\nAnnex by written notification addressed to the other party or\nparties to the dispute. The notification shall be accompanied by\na statement of the claim and the grounds on which it is based. Article 2\n\nList of arbitrators\n\n1. A list of arbitrators shall be drawn up and maintained by the\nSecretary-General of the United Nations. Every State Party shall\nbe entitled to nominate four arbitrators, each of whom shall be a\nperson experienced in maritime affairs and enjoying the highest\nreputation for fairness, competence and integrity. The names of\nthe persons so nominated shall constitute the list. If at any time the arbitrators nominated by a State Party in\n2. the list so constituted shall be fewer than four, that State Party\nshall be entitled to make further nominations as necessary. 3. The name of an arbitrator shall remain on the list until\nwithdrawn by the State Party which made the nomination,\nprovided that such arbitrator shall continue to serve on any\narbitral tribunal to which that arbitrator has been appointed\nuntil the completion of the proceedings before that arbitral\ntribunal. Article 3\n\nConstitution of the arbitral tribunal\n\notherwise agree. The parties to the dispute shall appoint the\nPresident of the arbitral tribunal from among those three\nmembers. If, within 60 days of receipt of the notification\nreferred to in Article 1 of this Annex, the parties are unable\nto reach agreement on the appointment of one or more of\nthe members of the tribunal to be appointed by agreement,\nor on the appointment of the President, the remaining\nappointment or appointments shall be made in accordance\nwith subparagraph (e), at the request of a party to the\ndispute. Such request shall be made within two weeks of the\nexpiration of the aforementioned 60-day period;\n\n(e) unless the parties agree that any appointment under\nsubparagraphs (c) and (d) be made by a person or a third\nState chosen by the parties, the President of the International\nTribunal for the Law of the Sea shall make the necessary\nappointments. If the President is unable to act under this\nsubparagraph or is a national of one of the parties to the\ndispute, the appointment shall be made by the next senior\nmember of the International Tribunal for the Law of the Sea\nwho is available and is not a national of one of the parties. The appointments referred to in this subparagraph shall be\nmade from the list referred to in Article 2 of this Annex\nwithin a period of 30 days of the receipt of the request and\nin consultation with the parties. The members so appointed\nshall be of different nationalities and may not be in the\nservice of, ordinarily resident in the territory of, or nationals\nof, any of the parties to the dispute;\n\n(f) any vacancy shall be filled in the manner prescribed for the\n\ninitial appointment;\n\n(g) parties in the same interest shall appoint one member of the\ntribunal jointly by agreement. Where there are several parties\nhaving separate interests or where there is disagreement as to\nwhether they are of the same interest, each of them shall\nappoint one member of the tribunal. The number of\nmembers of the tribunal appointed separately by the parties\nshall always be smaller by one than the number of members\nof the tribunal to be appointed jointly by the parties;\n\nFor the purpose of proceedings under this Annex, the arbitral\ntribunal shall, unless the parties otherwise agree, be constituted\nas follows:\n\n(h) in disputes involving more than two parties, the provisions of\nsubparagraphs (a) to (f) shall apply to the maximum extent\npossible. (a) subject to subparagraph (g), the arbitral tribunal shall consist\n\nof five members;\n\n(b) the party instituting the proceedings shall appoint one\nmember to be chosen preferably from the list referred to in\nArticle 2 of this Annex, who may be its national. The\nappointment shall be included in the notification referred to\nin Article 1 of this Annex;\n\n(c) the other party to the dispute shall, within 30 days of receipt\nof the notification referred to in Article 1 of this Annex,\nappoint one member to be chosen preferably from the list,\nwho may be its national. If the appointment is not made\nwithin that period, the party instituting the proceedings may,\nwithin two weeks of the expiration of that period, request\nthat \nin accordance with\nsubparagraph (e);\n\nthe appointment be made \n\nArticle 4\n\nFunctions of the arbitral tribunal\n\nAn arbitral tribunal constituted under Article 3 of this Annex\nshall function in accordance with this Annex and the other\nprovisions of this Convention. Article 5\n\nProcedure\n\n(d) the other three members shall be appointed by agreement\nbetween the parties. They shall be chosen preferably from the\nlist and shall be nationals of third States unless the parties\n\nUnless the parties to the dispute otherwise agree, the arbitral\ntribunal shall determine its own procedure, assuring to each\nparty a full opportunity to be heard and to present its case. L 179/110\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 6\n\nDuties of parties to a dispute\n\nArticle 10\n\nAward\n\nThe parties to the dispute shall facilitate the work of the arbitral\ntribunal and, in particular, in accordance with their law and\nusing all means at their disposal, shall:\n\n(a) provide \n\nit with all relevant documents, facilities and\n\ninformation; and\n\n(b) enable it when necessary to call witnesses or experts and\nreceive their evidence and to visit the localities to which the\ncase relates. Article 7\n\nExpenses\n\nUnless the arbitral tribunal decides otherwise because of the\nparticular circumstances of the case, the expenses of the tribunal,\nincluding the remuneration of its members, shall be borne by the\nparties to the dispute in equal shares. Article 8\n\nRequired majority for decisions\n\nDecisions of the arbitral tribunal shall be taken by a majority\nvote of its members. The absence or abstention of less than half\nof the members shall not constitute a bar to the tribunal\nreaching a decision. In the event of an equality of votes, the\nPresident shall have a casting vote. The award of the arbitral tribunal shall be confined to the\nsubject-matter of the dispute and state the reasons on which it is\nbased. It shall contain the names of the members who have\nparticipated and the date of the award. Any member of the\ntribunal may attach a separate or dissenting opinion to the\naward. Article 11\n\nFinality of award\n\nThe award shall be final and without appeal, unless the parties\nto the dispute have agreed in advance to an appellate procedure. It shall be complied with by the parties to the dispute. Article 12\n\nInterpretation or implementation of award\n\nthe \n\nregards \n\n1. Any controversy which may arise between the parties to the\ndispute as \ninterpretation or manner of\nimplementation of the award may be submitted by either party\nfor decision to the arbitral tribunal which made the award. For\nthis purpose, any vacancy in the tribunal shall be filled in the\nmanner provided for in the original appointments of the\nmembers of the tribunal. Article 9\n\nDefault of appearance\n\n2. Any such controversy may be submitted to another court or\ntribunal under Article 287 by agreement of all the parties to the\ndispute. If one of the parties to the dispute does not appear before the\narbitral tribunal or fails to defend its case, the other party may\nrequest the tribunal to continue the proceedings and to make its\naward. Absence of a party or failure of a party to defend its case\nshall not constitute a bar to the proceedings. Before making its\naward, the arbitral tribunal must satisfy itself not only that it\nhas jurisdiction over the dispute but also that the claim is well\nfounded in fact and law. Article 13\n\nApplication to entities other than States Parties\n\nThe provisions of this Annex shall apply mutatis mutandis to\nany dispute involving entities other than States Parties. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/111\n\nANNEX VIII\n\nSPECIAL ARBITRATION\n\nArticle 1\n\n(a) subject to subparagraph (g), the special arbitral tribunal shall\n\nInstitution of proceedings\n\nconsist of five members;\n\nSubject to Part XV, any party to a dispute concerning the\ninterpretation or application of the Articles of this Convention\nrelating to (1) fisheries, (2) protection and preservation of the\nmarine environment, (3) marine scientific research, or (4)\nnavigation, including pollution from vessels and by dumping,\nmay submit the dispute to the special arbitral procedure\nprovided for in this Annex by written notification addressed to\nthe other party or parties to the dispute. The notification shall\nbe accompanied by a statement of the claim and the grounds on\nwhich it is based. Article 2\n\nLists of experts\n\n1. A list of experts shall be established and maintained in\nrespect of each of the fields of (1) fisheries, (2) protection and\npreservation of the marine environment, (3) marine scientific\nresearch, and (4) navigation, including pollution from vessels\nand by dumping. 2. The lists of experts shall be drawn up and maintained, in the\nfield of fisheries by the Food and Agriculture Organisation of the\nUnited Nations, in the field of protection and preservation of\nthe marine environment by the United Nations Environment\nProgramme, in the field of marine scientific research by the\nIntergovernmental Oceanographic Commission, in the field of\nnavigation, including pollution from vessels and by dumping, by\nthe International Maritime Organisation, or in each case by the\nsuch\nappropriate \norganisation, programme or commission has delegated this\nfunction. subsidiary body concerned \n\nto which \n\n3. Every State Party shall be entitled to nominate two experts in\neach field whose competence in the legal, scientific or technical\naspects of such field is established and generally recognised and\nwho enjoy the highest reputation for fairness and integrity. The\nnames of the persons so nominated in each field shall constitute\nthe appropriate list. 4. If at any time the experts nominated by a State Party in the\nlist so constituted shall be fewer than two, that State Party shall\nbe entitled to make further nominations as necessary. 5. The name of an expert shall remain on the list until\nwithdrawn by the State Party which made the nomination,\nprovided that such expert shall continue to serve on any special\narbitral tribunal to which that expert has been appointed until\nthe completion of the proceedings before that special arbitral\ntribunal. (b) the party instituting the proceedings shall appoint two\nmembers to be chosen preferably from the appropriate list or\nlists referred to in Article 2 of this Annex relating to the\nmatters in dispute, one of whom may be its national. The\nappointments shall be included in the notification referred to\nin Article 1 of this Annex;\n\n(c) the other party to the dispute shall, within 30 days of receipt\nof the notification referred to in Article 1 of this Annex,\nappoint two members to be chosen preferably from the\nappropriate list or lists relating to the matters in dispute, one\nof whom may be its national. If the appointments are not\nmade within \nthe\nproceedings may, within two weeks of the expiration of that\nperiod, request that the appointments be made in accordance\nwith subparagraph (e);\n\nthat period, \n\nthe party \n\ninstituting \n\n(d) the parties to the dispute shall by agreement appoint the\nPresident of the special arbitral tribunal, chosen preferably\nfrom the appropriate list, who shall be a national of a third\nState, unless the parties otherwise agree. If, within 30 days of\nreceipt of the notification referred to in Article 1 of this\nAnnex, the parties are unable to reach agreement on the\nappointment of the President, the appointment shall be made\nin accordance with subparagraph (e), at the request of a\nparty to the dispute. Such request shall be made within two\nweeks of the expiration of the aforementioned 30-day\nperiod;\n\n(e) unless the parties agree that the appointment be made by a\nperson or a third State chosen by the parties, the\nSecretary-General of the United Nations shall make the\nnecessary appointments within 30 days of receipt of a\nrequest under subparagraphs (c) and (d). The appointments\nreferred to in this subparagraph shall be made from the\nappropriate list or lists of experts referred to in Article 2 of\nthis Annex and in consultation with the parties to the dispute\nand the appropriate international organisation. The members\nso appointed shall be of different nationalities and may not\nbe in the service of, ordinarily resident in the territory of, or\nnationals of, any of the parties to the dispute;\n\n(f) any vacancy shall be filled in the manner prescribed for the\n\ninitial appointment;\n\n(g) parties in the same interest shall appoint two members of the\ntribunal jointly by agreement. Where there are several parties\nhaving separate interests or where there is disagreement as to\nwhether they are of the same interest, each of them shall\nappoint one member of the tribunal;\n\n(h) in disputes involving more than two parties, the provisions of\nsubparagraphs (a) to (f) shall apply to the maximum extent\npossible. Article 3\n\nConstitution of the special arbitral tribunal\n\nArticle 4\n\nGeneral provisions\n\nFor the purpose of proceedings under this Annex, the special\narbitral tribunal shall, unless the parties otherwise agree, be\nconstituted as follows:\n\nAnnex VII, Articles 4 to 13, apply mutatis mutandis to the\nspecial arbitration proceedings in accordance with this Annex. L 179/112\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 5\n\nFact finding\n\n(2) protection and preservation of \n\n1. The parties to a dispute concerning the interpretation or\napplication of the provisions of this Convention relating to (1)\nfisheries, \nthe marine\nenvironment, (3) marine scientific research, or (4) navigation,\nincluding pollution from vessels and by dumping, may at any\ntime agree to request a special arbitral tribunal constituted in\naccordance with Article 3 of this Annex to carry out an inquiry\nand establish the facts giving rise to the dispute. 2. Unless the parties otherwise agree, the findings of fact of the\nspecial arbitral tribunal acting in accordance with paragraph 1\nshall be considered as conclusive as between the parties. If all the parties to the dispute so request, the special arbitral\n3. tribunal may formulate recommendations which, without having\nthe force of a decision, shall only constitute the basis for a\nreview by the parties of the questions giving rise to the\ndispute. 4. Subject to paragraph 2, the special arbitral tribunal shall act\nin accordance with the provisions of this Annex, unless the\nparties otherwise agree. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/113\n\nANNEX IX\n\nPARTICIPATION BY INTERNATIONAL ORGANISATIONS\n\nArticle 1\n\nUse of terms\n\nFor the purposes of Article 305 and of this Annex, \u2018international\norganisation\u2019 means \norganisation\nconstituted by States to which its member States have transferred\ncompetence over matters governed by this Convention, including\nthe competence to enter into treaties in respect of those\nmatters. intergovernmental \n\nan \n\nArticle 2\n\nSignature\n\nAn international organisation may sign this Convention if a\nmajority of its member States are signatories of this Convention. At the time of signature an international organisation shall make\na declaration specifying the matters governed by this Convention\nin respect of which competence has been transferred to that\norganisation by its member States which are signatories, and the\nnature and extent of that competence. Article 3\n\nFormal confirmation and accession\n\n1. An international organisation may deposit its instrument of\nformal confirmation or of accession if a majority of its member\nStates deposit or have deposited their instruments of ratification\nor accession. 2. The instruments deposited by the international organisation\nshall contain the undertakings and declarations required by\nArticles 4 and 5 of this Annex. Article 4\n\nExtent of participation and rights and obligations\n\n1. The instrument of formal confirmation or of accession of an\ninternational organisation shall contain an undertaking to accept\nthe rights and obligations of States under this Convention in\nrespect of matters relating to which competence has been\ntransferred to it by its member States which are Parties to this\nConvention. 2. An international organisation shall be a Party to this\nConvention to the extent that it has competence in accordance\ninformation or\nwith the declarations, communications of \nnotifications referred to in Article 5 of this Annex. 3. Such an international organisation shall exercise the rights\nand perform the obligations which its member States which are\nParties would otherwise have under this Convention, on matters\nrelating to which competence has been transferred to it by those\nmember States. The member States of that \ninternational\norganisation shall not exercise competence which they have\ntransferred to it. 4. Participation of such an international organisation shall in\nno case entail an increase of the representation to which its\nmember States which are States Parties would otherwise be\nentitled, including rights in decision-making. 5. Participation of such an international organisation shall in\nno case confer any rights under this Convention on member\nStates of the organisation which are not States Parties to this\nConvention. In the event of a conflict between the obligations of an\n6. international organisation under \nits\nobligations under the agreement establishing the organisation or\nany acts relating to it, the obligations under this Convention\nshall prevail. this Convention and \n\nArticle 5\n\nDeclarations, notifications and communications\n\n1. The instrument of formal confirmation or of accession of an\ninternational organisation shall contain a declaration specifying\nthe matters governed by this Convention in respect of which\ncompetence has been transferred to the organisation by its\nmember States which are Parties to this Convention. 2. A member State of an international organisation shall, at the\ntime it ratifies or accedes to this Convention or at the time when\nthe organisation deposits its instrument of formal confirmation\nor of accession, whichever is later, make a declaration specifying\nthe matters governed by this Convention in respect of which it\nhas transferred competence to the organisation. 3. States Parties which are member States of an international\norganisation which is a Party to this Convention shall be\npresumed to have competence over all matters governed by this\nConvention in respect of which transfers of competence to the\norganisation have not been specifically declared, notified or\ncommunicated by those States under this Article. 4. The international organisation and its member States which\nare States Parties shall promptly notify the depositary of this\nConvention of any changes to the distribution of competence,\nincluding new \nthe\ndeclarations under paragraphs 1 and 2. transfers of competence, specified \n\nin \n\n5. Any State Party may request an international organisation\nand its member States which are States Parties to provide\ninformation as to which, as between the organisation and its\nmember States, has competence in respect of any specific\nquestion which has arisen. The organisation and the member\nStates concerned shall provide this \ninformation within a\nreasonable time. The international organisation and the member\nStates may also, on \nthis\ntheir own \ninformation. initiative, provide \n\n6. Declarations, \nof\ninformation under this Article shall specify the nature and extent\nof the competence transferred. communications \n\nnotifications \n\nand \n\n\fL 179/114\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nArticle 6\n\nResponsibility and liability\n\nhave accepted arbitration in accordance with Annex VII, unless\nthe parties to the dispute otherwise agree. 1. Parties which have competence under Article 5 of this Annex\nshall have responsibility for failure to comply with obligations or\nfor any other violation of this Convention. 2. Any State Party may request an international organisation or\nits member States which are States Parties for information as to\nwho has responsibility in respect of any specific matter. The\norganisation and the member States concerned shall provide this\ninformation. Failure to provide this information within a\nreasonable time or the provision of contradictory information\nshall result in joint and several liability. Article 7\n\nSettlement of disputes\n\nits \n\n1. At the time of deposit of \ninstrument of formal\nconfirmation or of accession, or at any time thereafter, an\ninternational organisation shall be free to choose, by means of a\nwritten declaration, one or more of the means for the settlement\nof disputes concerning the interpretation or application of this\nConvention, referred to in Article 287(1)(a), (c) or (d). 2. Part XV applies mutatis mutandis to any dispute between\nParties to this Convention, one or more of which are\ninternational organisations. 3. When an international organisation and one or more of its\nmember States are joint parties to a dispute, or parties in the\nsame interest, the organisation shall be deemed to have accepted\nthe same procedures for the settlement of disputes as the\nmember States; when, however, a member State has chosen only\nthe International Court of Justice under Article 287, the\norganisation and the member State concerned shall be deemed to\n\nArticle 8\n\nApplicability of Part XVII\n\nPart XVII applies mutatis mutandis \norganisation, except in respect of the following:\n\nto an \n\ninternational\n\n(a) the instrument of formal confirmation or of accession of an\ninternational organisation shall not be taken into account in\nthe application of Article 308(1);\n\n(b) (i) an \n\ninternational organisation shall have exclusive\ncapacity with respect to the application of Articles 312\nto 315, to the extent that it has competence under\nArticle 5 of this Annex over the entire subject-matter of\nthe amendment;\n\n(ii) the instrument of formal confirmation or of accession of\nan international organisation to an amendment, the\nentire subject-matter over which \ninternational\norganisation has competence under Article 5 of this\nAnnex, shall be considered to be the instrument of\nratification or accession of each of the member States\nwhich are States Parties, for the purposes of applying\nArticle 316(1), (2) and (3);\n\nthe \n\n(iii) the instrument of formal confirmation or of accession of\nthe international organisation shall not be taken into\naccount in the application of Article 316(1) and (2),\nwith regard to all other amendments;\n\n(c) (i) an international organisation may not denounce this\nConvention in accordance with Article 317 if any of its\nmember States is a State Party and if it continues to\nfulfil the qualifications specified in Article 1 of this\nAnnex;\n\n(ii) an \n\nthis\ninternational organisation shall denounce \nConvention when none of its member States is a State\nParty or if the international organisation no longer\nfulfils the qualifications specified in Article 1 of this\nAnnex. effect\nimmediately. denunciation \n\nSuch \n\nshall \n\ntake \n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/115\n\nrelating to the implementation of Part XI of the United Nations Convention on the Law of the\nSea of 10 December 1982\n\nAGREEMENT\n\nTHE STATES PARTIES TO THIS AGREEMENT,\n\nRECOGNISING the important contribution of the United Nations Convention on the Law of the Sea of 10\nDecember 1982 (hereinafter referred to as \u2018the Convention\u2019) to the maintenance of peace, justice and\nprogress for all peoples of the world,\n\nREAFFIRMING that the seabed and ocean floor and subsoil thereof, beyond the limits of national\njurisdiction (hereinafter referred to as \u2018the area\u2019), as well the resources of the area, are the common heritage\nof mankind,\n\nMINDFUL of the importance of the Convention for the protection and preservation of the marine\nenvironment and of the growing concern for the global environment,\n\nHAVING CONSIDERED the report of the Secretary-General of the United Nations on the results of the\ninformal consultations among States held from 1990 to 1994 on outstanding issues relating to Part XI and\nrelated provisions of the Convention (hereinafter referred to as \u2018Part XI\u2019),\n\nNOTING the political and economic changes, including market-oriented approaches, affecting the\nimplementation of Part XI,\n\nWISHING to facilitate universal participation in the Convention,\n\nCONSIDERING that an agreement relating to the implementation of Part XI would best meet that\nobjective,\n\nHAVE AGREED as follows:\n\nArticle 1\n\nImplementation of Part XI\n\n1. The States Parties to this Agreement undertake to\nimplement Part XI in accordance with this Agreement. 2. The Annex \nAgreement. forms an \n\nintegral part of \n\nthis\n\nArticle 2\n\nRelationship between this Agreement and Part XI\n\n2. Articles 309 to 319 of the Convention shall apply to\nthis Agreement as they apply to the Convention. Article 3\n\nSignature\n\nThis Agreement shall remain open for signature at United\nNations Headquarters by the States and entities referred\nto in Article 305(1)(a), (c), (d), (e) and (f) of the\nConvention for 12 months from the date of \nits\nadoption. Article 4\n\nConsent to be bound\n\n1. The provisions of this Agreement and Part XI shall be\ninterpreted and applied together as a single instrument. In\nthe event of any inconsistency between this Agreement\nand Part XI, the provisions of this Agreement shall\nprevail. 1. After the adoption of this Agreement, any instrument\nof ratification or formal confirmation of or accession to\nthe Convention shall also represent consent to be bound\nby this Agreement. L 179/116\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n2. No State or entity may establish its consent to be\nbound by this Agreement unless \nit has previously\nestablished or establishes at the same time its consent to\nbe bound by the Convention. 3. A State or entity referred to in Article 3 may express\nits consent to be bound by this Agreement by:\n\n(a) signature not \n\nsubject \n\nto \n\nratification, \n\nformal\n\nconfirmation or the procedure set out in Article 5;\n\n(b) signature \n\nsubject \n\nformal\nconfirmation, followed by ratification or formal\nconfirmation;\n\nratification \n\nor \n\nto \n\n(c) signature subject to the procedure set out in Article 5;\n\nor\n\n(d) accession. 4. Formal confirmation by the entities referred to in\nArticle 305(1)(f) of the Convention shall be in accordance\nwith Annex IX of the Convention. 5. The instruments of ratification, formal confirmation\nor accession shall be deposited with the Secretary-General\nof the United Nations. Article 5\n\nSimplified procedure\n\nthis Agreement an \n\n1. A State or entity which has deposited before the date\nof adoption of \ninstrument of\nratification or formal confirmation of or accession to the\nConvention and which has signed this Agreement in\naccordance with Article 4(3)(c) shall be considered to\nhave established \nits consent to be bound by this\nAgreement 12 months after the date of its adoption,\nunless that State or entity notifies the depository in\nwriting before that date that it is not availing itself of the\nsimplified procedure set out in this article. 2. In the event of such notification, consent to be bound\nby this Agreement shall be established in accordance with\nArticle 4(3)(b). Article 6\n\nEntry into force\n\n1. This Agreement shall enter into force 30 days after\nthe date on which 40 States have established their\nconsent to be bound in accordance with Articles 4 and 5,\nprovided that such States include at least seven of the\n\nStates referred to in paragraph 1(a) of Resolution II of\nthe Third United Nations Conference on the Law of the\nSea (hereinafter referred to as \u2018Resolution II\u2019) and that at\nleast five of those States are developed States. If these\nconditions for entry into force are fulfilled before 16\nNovember 1994, this Agreement shall enter into force on\n16 November 1994. 2. For each State or entity establishing its consent to be\nbound by this Agreement after the requirements set out\nin paragraph 1 have been fulfilled, this Agreement shall\nenter into force on the 30th day following the date of\nestablishment of its consent to be bound. Article 7\n\nProvisional application\n\n1. If, on 16 November 1994, this Agreement has not\nentered into force, it shall be applied provisionally\npending its entry into force by:\n\n(a) States which have consented to its adoption in the\nGeneral Assembly of the United Nations, except any\nsuch State which before 16 November 1994 notifies\nthe depositary in writing either that it will not so\napply this Agreement or that it will consent to such\napplication only on \nsignature or\nnotification in writing;\n\nsubsequent \n\n(b) States and entities which sign this Agreement, except\nany such State or entity which notifies the depositary\nin writing at the time of signature that it will not so\napply this Agreement;\n\n(c) States and entities which consent to its provisional\napplication by so notifying the depositary in writing;\n\n(d) States which accede to this Agreement. 2. All such States and entities shall apply this Agreement\nprovisionally in accordance with their national or internal\nlaws and regulations, with effect from 16 November\n1994 or the date of signature, notification of consent or\naccession, if later. 3. Provisional application shall terminate on the date of\nentry \ninto force of this Agreement. In any event,\nprovisional application shall terminate on 16 November\n1998 if at that date the requirement in Article 6(1) of\nconsent to be bound by this Agreement by at least seven\nof the States (of which at least five must be developed\nStates) referred to in paragraph 1(a) of Resolution II has\nnot been fulfilled. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/117\n\nArticle 8\n\nStates Parties\n\nArticle 9\n\nDepositary\n\n1. For the purposes of this Agreement \u2018States Parties\u2019\nmeans States which have consented to be bound by this\nAgreement and for which this Agreement is in force. The Secretary-General of the United Nations shall be the\ndepositary of this Agreement. Article 10\n\nAuthentic texts\n\n2. This Agreement applies mutatis mutandis to the\nentities referred to in Article 305(1)(c), (d), (e) and (f) of\nthe Convention which become parties to this Agreement\nin accordance with the conditions relevant to each, and\nto that extent \u2018States Parties\u2019 refers to those entities. The original of this Agreement, of which the Arabic,\nChinese, English, French, Russian and Spanish texts are\nequally authentic, \nthe\nSecretary-General of the United Nations. shall be deposited with \n\nIn witness whereof, the undersigned plenipotentiaries, being duly authorised thereto, have\nsigned this Agreement. Done at New York, this twenty-eighth day of July, one thousand nine hundred and\nninety-four. L 179/118\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nANNEX\n\nSECTION 1\n\nCosts to States Parties and institutional arrangements\n\n1. The International Sea-bed Authority (hereinafter referred to as \u2018the Authority\u2019) is the organisation\nthrough which States Parties to the Convention shall, in accordance with the regime for the area established\nin Part XI and this Agreement, organise and control activities in the area, particularly with a view to\nadministering the resources of the area. The powers and functions of the Authority shall be those expressly\nconferred on it by the Convention. The Authority shall have such incidental powers, consistent with the\nConvention, as are implicit in, and necessary for, the exercise of those powers and functions with respect to\nactivities in the area. 2. In order to minimise costs to States Parties, all organs and subsidiary bodies to be established under the\nConvention and this Agreement shall be cost-effective. This principle shall also apply to the frequency,\nduration and scheduling of meetings. 3. The setting up and the functioning of the organs and subsidiary bodies of the Authority shall be based\non an evolutionary approach, taking into account the functional needs of the organs and subsidiary bodies\nconcerned in order that they may discharge effectively their respective responsibilities at various stages of\nthe development of activities in the area. 4. The early functions of the Authority on entry into force of the Convention shall be carried out by the\nAssembly, the Council, the Secretariat, the Legal and Technical Commission and the Finance Committee. The functions of the Economic Planning Commission shall be performed by the Legal and Technical\nCommission until such time as the Council decides otherwise or until the approval of the first plan of work\nfor exploitation. 5. Between the entry into force of the Convention and the approval of the first plan of work for\nexploitation, the Authority shall concentrate on:\n\n(a) processing of applications for approval of plans of work for exploration in accordance with Part XI and\n\nthis Agreement;\n\n(b) implementation of decisions of the Preparatory Commission for the International Sea-bed Authority and\nfor the International Tribunal for the Law of the Sea (hereinafter referred to as the \u2018the Preparatory\nCommission\u2019) relating to the registered pioneer investors and their certifying States, including their rights\nand obligations, in accordance with Article 308(5) of the Convention and Resolution II(13);\n\n(c) monitoring of compliance with plans of work for exploration approved in the form of contracts;\n\n(d) monitoring and review of trends and developments relating to deep sea-bed mining activities, including\n\nregular analysis of world metal market conditions and metal prices, trends and prospects;\n\n(e) study of the potential impact of mineral production from the area on the economies of developing\nland-based producers of those minerals which are likely to be most seriously affected, with a view to\nminimising their difficulties and assisting them in their economic adjustment, taking into account the\nwork done in this regard by the Preparatory Commission;\n\n(f) adoption of rules, regulations and procedures necessary for the conduct of activities in the area as they\nprogress. Notwithstanding the provisions of Annex III, Article 17(2)(b) and (c), of the Convention, such\nrules, regulations and procedures shall take into account the terms of this Agreement, the prolonged\ndelay in commercial deep sea-bed mining and the likely pace of activities in the area;\n\n(g) adoption of rules, regulations and procedures incorporating applicable standards for the protection and\n\npreservation of the marine environment;\n\n(h) promotion and encouragement of the conduct of marine scientific research with respect to activities in\nthe area and the collection and dissemination of the results of such research and analysis, when\navailable, with particular emphasis on research related to the environmental impact of activities in the\narea;\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/119\n\n(i) acquisition of scientific knowledge and monitoring of the development of marine technology relevant to\nactivities in the area, in particular technology relating to the protection and preservation of the marine\nenvironment;\n\n(j) assessment of available data relating to prospecting and exploration;\n\n(k) timely elaboration of rules, regulations and procedures for exploitation, including those relating to the\n\nprotection and preservation of the marine environment. 6. (a) An application for approval of a plan of work for exploration shall be considered by the Council\nfollowing the receipt of a recommendation on the application from the Legal and Technical\nCommission. The processing of an application for approval of a plan of work for exploration shall\nbe in accordance with the provisions of the Convention, including Annex III thereof, and this\nAgreement, and subject to the following:\n\n(i) a plan of work for exploration submitted on behalf of a State or entity, or any component of\nsuch entity, referred to in Resolution II(1)(a)(ii) or (iii), other than a registered pioneer investor,\nwhich had already undertaken substantial activities in the area prior to the entry into force of\nthe Convention, or its success in interest, shall be considered to have met the financial and\ntechnical qualifications necessary for approval of a plan of work it the sponsoring State or\nStates certify that the applicant has expended an amount equivalent to at least USD 30 million\nin research and exploration activities and has expended no less than 10 % of that amount in the\nlocation, survey and evaluation of the area referred to in the plan of work. If the plan of work\notherwise satisfies the requirements of the Convention and any rules, regulations and\nprocedures adopted pursuant thereto, it shall be approved by the Council in the form of a\ncontract. The provisions of Section 3(11) of this Annex shall be interpreted and applied\naccordingly;\n\n(ii) notwithstanding the provisions of Resolution II(8)(a), a registered pioneer investor may request\napproval of a plan of work for exploration within 36 months of the entry into force of the\nConvention. The plan of work for exploration shall consist of documents, reports and other\ndata submitted to the Preparatory Commission both before and after registration and shall be\naccompanied by a certificate of compliance, consisting of a factual report describing the status\nof fulfilment of obligations under the pioneer investor regime issued by the Preparatory\nCommission in accordance with Resolution II(11)(a). Such a plan of work shall be considered to\nbe approved. Such an approved plan of work shall be in the form of a contract concluded\nbetween the Authority and the registered pioneer investor in accordance with Part XI and this\nAgreement. The fee of USD 205 000 paid pursuant to Resolution II(7)(a) shall be deemed to be\nthe fee relating to the exploration phase pursuant to Section 8(3) of this Annex. Section 3(11) of\nthis Annex shall be interpreted and applied accordingly;\n\n(iii) in accordance with the principle of non-discrimination, a contract with a State or entity or any\ncomponent of such entity referred to in subparagraph (a)(i) shall include arrangements which\nshall be similar to and no less favourable than those agreed with any registered pioneer investor\nreferred to in subparagraph (a)(ii). If any of the States or entities or any components of such\nentities referred to in subparagraph (a)(i) are granted more favourable arrangements, the\nCouncil shall make similar and no less favourable arrangements with regard to the rights and\nobligations assumed by the registered pioneer investors referred to in subparagraph (a)(ii),\nprovided that such arrangements do not affect or prejudice the interests of the Authority;\n\n(iv) a State sponsoring an application for a plan of work pursuant to the provisions of\nsubparagraph (a)(i) or (ii) may be a State Party or a State which is applying this Agreement\nprovisionally in accordance with Article 7, or a State which is a member of the Authority on a\nprovisional basis in accordance with paragraph 12;\n\n(v) Resolution II(8)(c) shall be interpreted and applied in accordance with subparagraph (a)(iv). (b) The approval of a plan of work for exploration shall be in accordance with Article 153(3) of the\n\nConvention. 7. An application for approval of a plan of work shall be accompanied by an assessment of the potential\nenvironmental impacts of the proposed activities and by a description of a programme for oceanographic\nand baseline environmental studies in accordance with the rules, regulations and procedures adopted by the\nAuthority. 8. An application for approval of a plan of work for exploration, subject to paragraph 6(a)(i) or (ii), shall\nbe processed in accordance with the procedures set out in Section 3(11) of this Annex. L 179/120\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n9. A plan of work for exploration shall be approved for a period of 15 years. On the expiration of a plan\nof work for exploration, the contractor shall apply for a plan of work for exploitation unless the contractor\nhas already done so or has obtained an extension for the plan of work for exploration. Contractors may\napply for such extensions for periods of not more than five years each. Such extensions shall be approved if\nthe contractor has made efforts in good faith to comply with the requirements of the plan of work but for\nreasons beyond the contractor\u2019s control has been unable to complete the necessary preparatory work for\nproceeding to the exploitation stage or if the prevailing economic circumstances do not justify proceeding to\nthe exploitation stage. 10. Designation of a reserved area for the Authority in accordance with Annex III, Article 8, of the\nConvention shall take place in connection with approval of an application for a plan of work for\nexploration or approval of an application for a plan of work for exploration and exploitation. 11. Notwithstanding the provisions of paragraph 9, an approved plan of work for exploration which is\nsponsored by at least one State provisionally applying this Agreement shall terminate if such a State ceases\nto apply this Agreement provisionally and has not become a member on a provisional basis in accordance\nwith paragraph 12 or has not become a State Party. 12. On the entry into force of this Agreement, States and entities referred to in Article 3 of this Agreement\nwhich have been applying it provisionally in accordance with Article 7 and for which it is not in force may\ncontinue to be members of the Authority on a provisional basis pending its entry into force for such States\nand entities, in accordance with the following subparagraphs:\n\n(a) if this Agreement enters into force before 16 November 1996, such States and entities shall be entitled to\ncontinue to participate as members of the Authority on a provisional basis on notification to the\ndepository of the Agreement by such a State or entity of its intention to participate as a member on a\nprovisional basis. Such membership shall terminate either on 16 November 1996 or on the entry into\nforce of this Agreement and the Convention for such member, whichever is earlier. The Council may, on\nthe request of the State or entity concerned, extend such membership beyond 16 November 1996 for a\nfurther period or periods not exceeding a total of two years provided that the Council is satisfied that\nthe State or entity concerned has been making efforts in good faith to become a party to the Agreement\nand the Convention;\n\n(b) if this Agreement enters into force after 15 November 1996, such States and entities may request the\nCouncil to grant continued membership in the Authority on a provisional basis for a period or periods\nnot extending beyond 16 November 1998. The Council shall grant such membership with effect from\nthe date of the request if it is satisfied that the State or entity has been making efforts in good faith to\nbecome a party to the Agreement and the Convention;\n\n(c) States and entities which are members of the Authority on a provisional basis in accordance with\nsubparagraph (a) or (b) shall apply the terms of Part XI and this Agreement in accordance with their\nnational or internal laws, regulations and annual budgetary appropriations and shall have the same\nrights and obligations as other members, including:\n\n(i) the obligation to contribute to the administrative budget of the Authority in accordance with the\n\nscale of assessed contributions;\n\n(ii) the right to sponsor an application for approval of a plan of work for exploration. In the case of\nentities whose components are natural or juridical persons possessing the nationality of more than\none State, a plan of work for exploration shall not be approved unless all the States whose natural\nor juridical persons comprise those entities are States Parties or members on a provisional basis;\n\n(d) notwithstanding the provisions of paragraph 9, an approved plan of work in the form of a contract for\nexploration which was sponsored pursuant to subparagraph (c)(ii) by a State which was a member on a\nprovisional basis shall terminate if such membership ceases and the State or entity has not become a\nState Party;\n\n(e) if such a member has failed to make its assessed contributions or otherwise failed to comply with its\nobligations in accordance with this paragraph, its membership on a provisional basis shall be\nterminated. 13. The reference in Annex III, Article 10, of the Convention to performance which has not been\nsatisfactory shall be interpreted to mean that the contractor has failed to comply with the requirements of\nan approved plan of work in spite of a written warning or warnings from the Authority to the contractor to\ncomply therewith. 14. The Authority shall have its own budget. Until the end of the year following the year during which this\nAgreement enters into force, the administrative expenses of the Authority shall be met through the budget\nof the United Nations. Thereafter, the administrative expenses of the Authority shall be met by assessed\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/121\n\ncontributions of its members, including any members on a provisional basis, in accordance with Article\n171(a) and Article 173 of the Convention and this Agreement, until the Authority has sufficient funds from\nother sources to meet those expenses. The Authority shall not exercise the power referred to in Article\n174(1) of the Convention to borrow funds to finance its administrative budget. 15. The Authority shall elaborate and adopt, in accordance with Article 162(2)(o)(ii) of the Convention,\nrules, regulations and procedures based on the principles contained in Sections 2, 5, 6, 7 and 8 of this\nAnnex, as well as any additional rules, regulations and procedures necessary to facilitate the approval of\nplans of work for exploration or exploitation, in accordance with the following subparagraphs:\n\n(a) the Council may undertake such elaboration any time it deems that all or any of such rules, regulations\nor procedures are required for the conduct of activities in the Area, or when it determines that\ncommercial exploitation is imminent, or at the request of a State whose national intends to apply for\napproval of a plan of work for exploitation;\n\n(b) if a request is made by a State referred to in subparagraph (a) the Council shall, in accordance with\nArticle 162(2)(o) of the Convention, complete the adoption of such rules, regulations and procedures\nwithin two years of the request;\n\n(c) if the Council has not completed the elaboration of the rules, regulations and procedures relating to\nexploitation within the prescribed time and an application for approval of a plan of work for\nexploitation is pending, it shall nonetheless consider and provisionally approve such plan of work based\non the provisions of the Convention and any rules, regulations and procedures that the Council may\nhave adopted provisionally, or on the basis of the norms contained in the Convention and the terms and\nprinciples contained in this Annex as well as the principle of non-discrimination among contractors. 16. The draft rules, regulations and procedures and any recommendations relating to the provisions of Part\nXI, as contained in the reports and recommendations of the Preparatory Commission, shall be taken into\naccount by the Authority in the adoption of rules, regulations and procedures in accordance with Part XI\nand this Agreement. 17. The relevant provisions of Part XI, Section 4, of the Convention shall be interpreted and applied in\naccordance with this Agreement. SECTION 2\n\nThe enterprise\n\n1. The secretariat of the Authority shall perform the functions of the enterprise until it begins to operate\nindependently of the secretariat. The Secretary-General of the Authority shall appoint from within the staff\nof the Authority an interim Director-General to oversee the performance of these functions by the\nsecretariat. These functions shall be:\n\n(a) monitoring and review of trends and developments relating to deep sea-bed mining activities, including\n\nregular analysis of world metal market conditions and metal prices, trends and prospects;\n\n(b) assessment of the results of the conduct of marine scientific research with respect to activities in the area,\nwith particular emphasis on research related to the environmental impact of activities in the area;\n\n(c) assessment of available data relating to prospecting and exploration, including the criteria for such\n\nactivities;\n\n(d) assessment of technological developments relevant to activities in the area, in particular technology\n\nrelating to the protection and preservation of the marine environment;\n\n(e) evaluation of information and data relating to areas reserved for the Authority;\n\n(f) assessment of approaches to joint-venture operations;\n\n\fL 179/122\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n(g) collection of information on the availability of trained manpower;\n\n(h) study of managerial policy options for the administration of the enterprise at different stages of its\n\noperations. 2. The enterprise shall conduct its initial deep sea-bed mining operations through joint ventures. On the\napproval of a plan of work for exploitation for an entity other than the enterprise, or on receipt by the\nCouncil of an application for a joint-venture operation with the enterprise, the Council shall take up the\nissue of the functioning of the enterprise independently of the secretariat of the Authority. If joint-venture\noperations with the enterprise accord with sound commercial principles, the Council shall issue a directive\npursuant to Article 170(2) of the Convention providing for such independent functioning. 3. The obligation of States Parties to fund one mine site of the enterprise as provided for in Annex IV,\nArticle 11(3) of the Convention shall not apply and States Parties shall be under no obligation to finance\nany of the operations in any mine site of the enterprise or under its joint-venture arrangements. 4. The obligations applicable to contractors shall apply to the enterprise. Notwithstanding the provisions\nof Article 153(3) and Annex III, Article 3(5) of the Convention, a plan of work for the enterprise on its\napproval shall be in the form of a contract concluded between the Authority and the enterprise. 5. A contractor which has contributed a particular area to the Authority as a reserved area has the right of\nfirst refusal to enter into a joint-venture arrangement with the enterprise for exploration and exploitation of\nthat area. If the enterprise does not submit an application for a plan of work for activities in respect of such\na reserved area within 15 years of the commencement of its functions independent of the secretariat of the\nAuthority or within 15 years of the date on which that area is reserved for the Authority, whichever is the\nlater, the contractor which contributed the area shall be entitled to apply for a plan of work for that area\nprovided it offers in good faith to include the enterprise as a joint-venture partner. 6. Article 170(4), Annex IV and other provisions of the Convention relating to the enterprise shall be\ninterpreted and applied in accordance with this section. SECTION 3\n\nDecision-making\n\n1. The general policies of the Authority shall be established by the Assembly in collaboration with the\nCouncil. 2. As a general rule, decision-making in the organs of the Authority should be by consensus. 3. If all efforts to reach a decision by consensus have been exhausted, decisions by voting in the Assembly\non questions of procedure shall be taken by a majority of members present and voting, and decisions on\nquestions of substance shall be taken by a two-thirds majority of members present and voting, as provided\nfor in Article 159(8) of the Convention. 4. Decisions of the Assembly on any matter for which the Council also has competence or on any\nadministrative, budgetary or financial matter shall be based on the recommendations of the Council. If the\nAssembly does not accept the recommendation of the Council on any matter, it shall return the matter to\nthe Council for further consideration. The Council shall reconsider the matter in the light of the views\nexpressed by the Assembly. 5. If all efforts to reach a decision by consensus have been exhausted, decisions by voting in the Council on\nquestions of procedure shall be taken by a majority of members present and voting, and decisions on\nquestions of substance, except where the Convention provides for decisions by consensus in the Council,\nshall be taken by a two-thirds majority of members present and voting, provided that such decisions are not\nopposed by a majority in any one of the chambers referred to in paragraph 9. In taking decisions the\nCouncil shall seek to promote the interests of all the members of the Authority. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/123\n\n6. The Council may defer the taking of a decision in order to facilitate further negotiation whenever it\nappears that all efforts at achieving consensus on a question have not been exhausted. 7. Decisions by the Assembly or the Council having financial or budgetary implications shall be based on\nthe recommendations of the Finance Committee. 8. The provisions of Article 161(8)(b) and (c) of the Convention shall not apply. 9. (a) Each group of States elected under paragraph 15(a) to (c) shall be treated as a chamber for the\npurposes of voting in the Council. The developing States elected under paragraph 15(d) and (e) shall\nbe treated as a single chamber for the purposes of voting in the Council. (b) Before electing the members of the Council, the Assembly shall establish lists of countries fulfilling\nthe criteria for membership in the groups of States in paragraph 15(a) to (d). If a State fulfils the\ncriteria for membership in more than one group, it may only be proposed by one group for election\nto the Council and it shall represent only that group in voting in the Council. 10. Each group of States in paragraph 15(a) to (d) shall be represented in the Council by those members\nnominated by that group. Each group shall nominate only as many candidates as the number of seats\nrequired to be filled by that group. When the number of potential candidates in each of the groups referred\nto in paragraph 15(a) to (e) exceeds the number of seats available in each of those respective groups, as a\ngeneral rule, the principle of rotating shall apply. States members of each of those groups shall determine\nhow this principle shall apply in those groups. 11. (a) The Council shall approve a recommendation by the Legal and Technical Commission for approval\nof a plan of work unless by a two-thirds majority of its members present and voting, including a\nmajority of members present and voting in each of the chambers of the Council, the Council\ndecides to disapprove a plan of work. If the Council does not take a decision on a recommendation\nfor approval of a plan of work within a prescribed period, the recommendation shall be deemed to\nhave been approved by the Council at the end of that period. The prescribed period shall normally\nbe 60 days unless the Council decides to provide for a longer period. If the Commission\nrecommends the disapproval of a plan of work or does not make a recommendation, the Council\nmay nevertheless approve the plan of work in accordance with its rules of procedures for\ndecision-making on questions of substance. (b) The provisions of Article 162(2)(j) of the Convention shall not apply. 12. Where a dispute arises relating to the disapproval of a plan of work, such dispute shall be submitted to\nthe dispute settlement procedures set out in the Convention. 13. Decisions by voting in the Legal and Technical Commission shall be by a majority of members present\nand voting. 14. Part XI, Section 4, subsections B and C, of the Convention shall be interpreted and applied in\naccordance with this section. 15. The Council shall consist of 36 members of the Authority elected by the Assembly in the following\norder:\n\n(a) four members from among those States Parties which, during the last five years for which statistics are\navailable, have either consumed more than 2 % in value terms of total world consumption or have had\nnet imports of more than 2 % in value terms of total world imports of the commodities produced from\nthe categories of minerals to be derived from the area, provided that the four members shall include one\nState from the East European region having the largest economy in that region in terms of gross\ndomestic product and the State, on the date of entry into force of the Convention, having the largest\neconomy in terms of gross domestic product, if such States wish to be represented in this group;\n\n(b) four members from among the eight States Parties which have made the largest investments in\npreparation for and in the conduct of activities in the area, either directly or through their nationals;\n\n(c) four members from among States Parties which, on the basis of production in areas under their\njurisdication, are major net exporters of the categories of minerals to be derived from the area, including\nat least two developing States whose exports of such minerals have a substantial bearing on their\neconomies;\n\n\fL 179/124\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n(d) six members from among developing States Parties, representing special interests. The special interests to\nbe represented shall include those of States with large populations, States which are land-locked or\ngeographically disadvantaged, island States, States which are major importers of the categories of\nminerals to be derived from the area, States which are potential producers of such minerals and least\ndeveloped States;\n\n(e) 18 members elected according to the principle of ensuring an equitable geographical distribution of seats\nin the Council as a whole, provided that each geographical region shall have at least one member elected\nunder this subparagraph. For this purpose, the geographical regions shall be Africa, Asia, Eastern\nEurope, Latin America and the Caribbean and Western Europe and Others. 16. The provisions of Article 161(1) of the Convention shall not apply. SECTION 4\n\nReview Conference\n\nThe provisions relating to the Review Conference in Article 155(1), (3) and (4) of the Convention shall not\napply. Notwithstanding the provisions of Article 314(2) of the Convention, the Assembly, on the\nrecommendation of the Council, may undertake at any time a review of the matters referred to in Article\n155(1) of the Convention. Amendments relating to this Agreement and Part XI shall be subject to the\nprocedures contained in Articles 314, 315 and 316 of the Convention, provided that the principles, regime\nand other terms referred to in Article 155(2) of the Convention shall be maintained and the rights referred\nto in paragraph 5 of that Article shall not be affected. SECTION 5\n\nTransfer of technology\n\nIn addition to the provisions of Article 144 of the Convention, transfer of technology for the purposes\n\n1. of Part XI shall be governed by the following principles:\n\n(a) the enterprise, and developing States wishing to obtain deep sea-bed mining technology, shall seek to\nobtain such technology on fair reasonable commercial terms and conditions on the open market, or\nthrough joint-venture arrangements;\n\n(b) if the enterprise or developing States are unable to obtain deep sea-bed mining technology, the Authority\nmay request all or any of the contractors and their respective sponsoring State or States to cooperate\nwith it in facilitating the acquisition of deep sea-bed mining technology by the enterprise or its joint\nventure, or by a developing State or States seeking to acquire such technology on fair and reasonable\ncommercial terms and conditions, consistent with the effective protection of intellectual property rights. States Parties undertake to cooperate fully and effectively with the Authority for this purpose and to\nensure that contractors sponsored by them also cooperate fully with the Authority;\n\n(c) as a general rule, States Parties shall promote international technical and scientific cooperation with\nregard to activities in the area either between the parties concerned or by developing training, technical\nassistance and scientific cooperation programmes in marine science and technology and the protection\nand preservation of the marine environment. 2. The provisions of Annex III, Article 5, of the Convention shall not apply. SECTION 6\n\nProduction policy\n\n1. The production of the Authority shall be based on the following principles:\n\n(a) development of the resources of the area shall take place in accordance with sound commercial\n\nprinciples;\n\n(b) the provisions of the General Agreement on Tariffs and Trade, its relevant codes and successor or\n\nsuperseding agreements shall apply with respect to activities in the area;\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/125\n\n(c) in particular, there shall be no subsidisation of activities in the area except as may be permitted under\nthe agreements referred to in subparagraph (b). Subsidisation for the purpose of these principles shall be\ndefined in terms of the agreements referred to in subparagraph (b);\n\n(d) there shall be no discrimination between minerals derived from the area and from other sources. There\nshall be no preferential access to markets for such minerals or for imports of commodities produced\nfrom such minerals, in particular:\n\n(i) by the use of tariff or non-tariff barriers, and\n\n(ii) given by States Parties to such minerals or commodities produced by their State enterprises or by\nnatural or juridical persons which possess their nationality or are controlled by them or their\nnationals;\n\n(e) the plan of work for exploitation approved by the Authority in respect of each mining area shall indicate\nan anticipated production schedule which shall include the estimated maximum amounts of minerals\nthat would be produced per year under the plan of work;\n\n(f) the following shall apply to the settlement of disputes concerning the provisions of the agreements\n\nreferred to in subparagraph (b):\n\n(i) where the States Parties concerned are parties to such agreements, they shall have recourse to the\n\ndispute settlement procedures of those agreements;\n\n(ii) where one or more of the State Parties concerned are not parties to such agreements, they shall have\n\nrecourse to the dispute settlement procedures set out in the Convention;\n\n(g) in circumstances where a determination is made under the agreements referred to in subparagraph (b)\nthat a State Party has engaged in subsidisation which is prohibited or has resulted in adverse effects on\nthe interest of another State Party and appropriate steps have not been taken by the relevant State Party\nor States Parties, a State Party may request the Council to take appropriate measures. 2. The principles contained in paragraph 1 shall not affect the rights and obligations under any provisions\nof the agreements referred to in paragraph 1(b), as well as the relevant free trade and customs union\nagreements, in relations between States Parties which are parties to such agreements. 3. The acceptance by a contractor of subsidies other than those which may be permitted under the\nagreements referred to in paragraph 1(b) shall constitute a violation of the fundamental terms of the\ncontract forming a plan of work for the carrying out of activities in the area. 4. Any State Party which has reason to believe that there has been a breach of the requirements of\nparagraph 1(b) to (d) or paragraph 3 may initiate dispute settlement procedures in conformity with\nparagraph 1(f) or (g). 5. A State Party may at any time bring to the attention of the Council activities which in its view are\ninconsistent with the requirements of paragraph 1(b) to (d). 6. The Authority shall develop rules, regulations and procedures which ensure the implementation of the\nprovisions of this Section, including relevant rules, regulations and procedures governing the approval of\nplans of work. 7. The provisions of Article 151(1) to (7) and (9), Article 162(2)(q), Article 165(2)(n), and Annex III,\nArticle 6(5) and Article 7, of the Convention shall not apply. SECTION 7\n\nEconomic assistance\n\n1. The policy of the Authority of assisting developing countries which suffer serious adverse effects on their\nexport earnings or economies resulting from a reduction in the price of an affected mineral or in the volume\nof exports of that mineral, to the extent that such reduction is caused by activities in the area, shall be based\non the following principles:\n\n(a) the Authority shall establish an economic assistance fund from a portion of the funds of the Authority\nwhich exceeds those necessary to cover the administrative expenses of the Authority. The amount set\naside for this purpose shall be determined by the Council from time to time, upon the recommendation\nof the Finance Committee. Only funds from payments received from contractors, including the\nenterprise, and voluntary contributions shall be used for the establishment of the economic assistance\nfund;\n\n\fL 179/126\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\n(b) developing land-based producer States whose economies have been determined to be seriously affected\nby the production of minerals from the deep seabed shall be assisted from the economic assistance fund\nof the Authority;\n\n(c) the Authority shall provide assistance from the fund to affected developing land-based producer States,\nwhere appropriate, in cooperation with existing global or regional development institutes which have the\ninfrastructure and expertise to carry out such assistance programmes;\n\n(d) the extent and period of such assistance shall be determined on a case-by-case basis. In doing so, due\nconsideration shall be given to the nature and magnitude of the problems encountered by affected\ndeveloping land-based producer States. 2. Article 151(10) of the Convention shall be implemented by means of measures of economic assistance\nreferred to in paragraph 1. Article 160(2)(1), Article 162(2)(n), Article 164(2)(d), Article 171(f), and Article\n173(2)(c) of the Convention shall be interpreted accordingly. SECTION 8\n\nFinancial terms of contracts\n\n1. The following principles shall provide the basis for establishing rules, regulations and procedures for\nfinancial terms of contracts:\n\n(a) the system of payments to the Authority shall be fair both to the contractor and to the Authority and\n\nshall provide adequate means of determining compliance by the contractor with such system;\n\n(b) the rates of payments under the system shall be within the range of those prevailing in respect of\nland-based mining of the same or similar minerals in order to avoid giving deep sea-bed miners an\nartificial competitive advantage or imposing on them a competitive disadvantage;\n\n(c) the system should not be complicated and should not impose major administrative costs on the\nAuthority or on a contractor. Consideration should be given to the adoption of a royalty system or a\ncombination of a royalty and profit-sharing system. If alternative systems are decided on, the contractor\nhas the right to choose the system applicable to its contract. Any subsequent change in choice between\nalternative systems, however, shall be made by agreement between the Authority and the contractor;\n\n(d) an annual fixed fee shall be payable from the date of commencement of commercial production. This fee\nmay be credited against other payments due under the system adopted in accordance with\nsubparagraph (c). The amount of the fee shall be established by the Council;\n\n(e) the system of payments may be revised periodically in the light of changing circumstances. Any changes\nshall be applied in a non-discriminatory manner. Such changes may apply to existing contracts only at\nthe election of the contractor. Any subsequent change in choice between alternative systems shall be\nmade by agreement between the Authority and the contractor;\n\n(f) disputes concerning the interpretation or application of the rules and regulations based on these\n\nprinciples shall be subject to the dispute settlement procedures set out in the Convention. 2. The provisions of Annex III, Article 13(3) to (10), of the Convention shall not apply. 3. With regard to the implementation of Annex III, Article 13(2), of the Convention, the fee for processing\napplications for approval of a plan of work limited to one phase, either the exploration phase or the\nexploitation phase, shall be USD 250 000. SECTION 9\n\nThe Finance Committee\n\n1. There is hereby established a Finance Committee. The Committee shall be composed of 15 members\nwith appropriate qualifications relevant to financial matters. States Parties shall nominate candidates of the\nhighest standards of competence and integrity. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/127\n\n2. No two members of the Finance Committee shall be nationals of the same State Party. 3. Members of the Finance Committee shall be elected by the Assembly and due account shall be taken of\nthe need for equitable geographical distribution and the representation of special interests. Each group of\nStates referred to in Section 3(15)(a), (b), (c) and (d) of this Annex shall be represented on the Committee\nby at least one member. Until the Authority has sufficient funds other than assessed contributions to meet\nits administrative expenses, the membership of the Committee shall include representatives of the five largest\nfinancial contributors to the administrative budget of the Authority. Thereafter, the election of one member\nfrom each group shall be on the basis of nomination by the members of the respective group, without\nprejudice to the possibility of further members being elected from each group. 4. Members of the Finance Committee shall hold office for a term of five years. They shall be eligible for\nre-election for a further term. In the event of the death, incapacity of resignation of a member of the Finance Committee prior to the\n5. expiration of the term of office, the Assembly shall elect for the remainder of the term a member from the\nsame geographical region or group of States. 6. Members of the Finance Committee shall have no financial interest in any activity relating to matters\nupon which the Committee has the responsibility to make recommendations. They shall not disclose, even\nafter the termination of their functions, any confidential information coming to their knowledge by reason\nof their duties for the Authority. 7. Decisions by the Assembly and the Council on the following issues shall take into account\nrecommendations of the Finance Committee:\n\n(a) draft financial rules, regulations and procedures of the organs of the Authority and the financial\n\nmanagement and internal financial administration of the Authority;\n\n(b) assessment of contributions of members to the administrative budget of the Authority in accordance\n\nwith Article 160(2)(e) of the Convention;\n\n(c) all relevant financial matters, including the proposed annual budget prepared by the Secretary-General of\nthe Authority in accordance with Article 172 of the Convention and the financial aspects of the\nimplementation of the programmes of work of the secretariat;\n\n(d) the administrative budget;\n\n(e) financial obligations of States Parties arising from the implementation of this Agreement and Part XI as\nwell as the administrative and budgetary implications of proposals and recommendations involving\nexpenditure from the funds of the Authority;\n\n(f) rules, regulations and procedures on the equitable sharing of financial and other economic benefits\n\nderived from activities in the area and the decisions to be made thereon. 8. Decisions in the Finance Committee on questions of procedure shall be taken by a majority of members\npresent and voting. Decisions on questions of substance shall be taken by consensus. 9. The requirement of Article 162(2)(y) of the Convention to establish a subsidiary organ to deal with\nfinancial matters shall be deemed to have been fulfilled by the establishment of the Finance Committee in\naccordance with this section. L 179/128\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nANNEX II\n\nTHE EUROPEAN COMMUNITY\u2019S INSTRUMENT OF FORMAL CONFIRMATION\n\nThe European Community presents its compliments to the Secretary-General of the United\nNations and has the honour of depositing its instrument of formal confirmation of the United\nNations Convention of 10 December 1982 on the Law of the Sea and the Agreement adopted\nby the United Nations General Assembly on 28 July 1994 relating to the implementation of Part\nXI of the United Nations Convention of 10 December 1982 on the Law of the Sea. By depositing this instrument, the Community has the honour of declaring its acceptance, in\nrespect of matters for which competence has been transferred to it by those of its Member\nStates which are parties to the Convention, of the rights and obligations laid down for States in\nthe Convention and the Agreement. The declaration concerning competence provided for in\nArticle 5(1) of Annex IX to the Convention is attached. The Community also wishes to declare, in accordance with Article 310 of the Convention, its\nobjection to any declaration or position excluding or amending the legal scope of the provisions\nof the United Nations Convention on the Law of the Sea, and in particular those relating to\nfishing activities. The Community does not consider the Convention to recognise the rights or\njurisdiction of coastal States regarding the exploitation, conservation and management of fishery\nresources other than sedentary species outside their exclusive economic zone. The Community reserves the right to make subsequent declarations in respect of the Convention\nand the Agreement and in response to future declarations and positions. The Community takes this opportunity to reiterate to the Secretary-General of the United\nNations the assurance of its highest consideration. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/129\n\nDECLARATION CONCERNING THE COMPETENCE OF THE EUROPEAN\nCOMMUNITY WITH REGARD TO MATTERS GOVERNED BY THE UNITED NATIONS\nCONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982 AND THE\nAGREEMENT OF 28 JULY 1994 RELATING TO THE IMPLEMENTATION OF PART XI\nOF THE CONVENTION\n\n(Declaration made pursuant to Article 5(1) of Annex IX to the Convention and to Article 4(4)\nof the Agreement)\n\nArticle 5(1) of Annex IX of the United Nations Convention on the Law of the Sea provides that\nthe instrument of formal confirmation of an international organisation shall contain a\ndeclaration specifying the matters governed by the Convention in respect of which competence\nhas been transferred to the organisation by its Member States which are Parties to the\nConvention (1). Article 4(4) of the Agreement relating to the implementation of Part XI of the United Nations\nConvention on the Law of the Sea of 10 December 1982 (2) provides that formal confirmation\nby an international organisation shall be in accordance with Annex IX of the Convention. The European Communities were established by the Treaties of Paris (ECSC) and of Rome\n(EEC and Euratom), signed on 18 April 1951 and 25 March 1957 respectively. After being\nratified by the Signatory States, the Treaties entered into force on 25 July 1952 and 1 January\n1958. They have been amended by the Treaty on European Union, which was signed in\nMaastricht on 7 February 1992 and entered into force, after being ratified by the Signatory\nStates, on 1 November 1993, and most recently by the Accession Treaty signed in Corfu on 24\nJune 1994, which entered into force on 1 January 1995 (3). The current Members of the Communities are the Kingdom of Belgium, the Kingdom of\nDenmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the\nFrench Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom\nof the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland,\nthe Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland. The United Nations Convention on the Law of the Sea and the Agreement relating to the\nimplementation of Part XI of the Convention shall apply, with regard to the competences\ntransferred to the European Community, to the territories in which the Treaty establishing the\nEuropean Community is applied and under the conditions laid down in that Treaty, in\nparticular Article 227 thereof. This declaration is not applicable to the territories of the Member States in which the said\nTreaty does not apply and is without prejudice to such acts or positions as may be adopted\nunder the Convention and the Agreement by the Member States concerned on behalf of and in\nthe interests of those territories. In accordance with the provisions referred to above, this declaration indicates the competence\nthat the Member States have transferred to the Community under the Treaties in matters\ngoverned by the Convention and the Agreement. (1) When it signed the Convention, the Community made the requisite declaration, in accordance with\nArticle 2 of Annex IX, in which it specified the matters dealt with by the Convention for which\ncompetence had been transferred to it by its Member States. (2) Signed by the Community on 29 July 1994 and applied by it provisionally with effect from 16\n\nNovember 1994. (3) The Treaty of Paris establishing the European Coal and Steel Community was registered with the\nSecretariat of the United Nations on 15 March 1957 under No 3729; the Treaties of Rome establishing\nthe European Economic Community and the European Atomic Energy Community (Euratom) were\nregistered on 21 April and 24 April 1958 respectively under Nos 4300 and 4301. The Treaty on\nEuropean Union was registered on 28 December 1993 under No 30615; the Accession Treaty of 24 June\n1994 was published in the Official Journal of the European Communities C 241 of 29 August 1994. L 179/130\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nThe scope and the exercise of such Community competence are, by their nature, subject to\ncontinuous development, and the Community will complete or amend this declaration, if\nnecessary, in accordance with Article 5(4) of Annex IX to the Convention. The Community has exclusive competence for certain matters and shares competence with its\nMember States for certain other matters. 1. Matters for which the Community has exclusive competence\n\n\u2014 The Community points out that its Member States have transferred competence to it\nwith regard to the conservation and management of sea fishing resources. Hence in this\nfield it is for the Community to adopt the relevant rules and regulations (which are\nenforced by the Member States) and, within its competence, to enter into external\nundertakings with third States or competent international organisation. This competence\napplies to waters under national fisheries jurisdiction and to the high seas. Nevertheless,\nin respect of measures relating to the exercise of jurisdiction over vessels, flagging and\nregistration of vessels and the enforcement of penal and administrative sanctions,\ncompetence rests with the Member States while respecting Community law. Community\nlaw also provides for administrative sanctions,\n\n\u2014 by virtue of its commercial and customs policy, the Community has competence in\nrespect of those provisions of Parts X and XI of the Convention and of the Agreement of\n28 July 1994 which are related to international trade. 2. Matters for which the Community shares competence with its Member States\n\n\u2014 With regard to fisheries, for a certain number of matters that are not directly related to\nthe conservation and management of sea fishing resources, for example research and\ntechnological development and development cooperation, there is shared competence,\n\n\u2014 with regard to the provisions on maritime transport, safety of shipping and the\nprevention of marine pollution contained, inter alia, in Parts II, III, V, VII and XII of the\nConvention, the Community has exclusive competence only to the extent that such\nprovisions of the Convention or legal instruments adopted in implementation thereof\naffect common rules established by the Community. When Community rules exist but\nare not affected, in particular in cases of Community provisions establishing only\nminimum standards, the Member States have competence, without prejudice to the\ncompetence of the Community to act in this field. Otherwise competence rests with the\nMember States. A list of relevant Community acts appears in the Appendix. The extent of Community\ncompetence ensuing from these acts must be assessed by reference to the precise\nprovisions of each measure, and in particular, the extent to which these provisions\nestablish common rules,\n\n\u2014 with regard to the provisions of Parts XIII and XIV of the Convention, the Community\u2019s\ncompetence relates mainly to the promotion of cooperation on research and\ntechnological development with non-member countries and international organisations. The activities carried out by the Community here complement the activities of the\nMember States. Competence in this instance is implemented by the adoption of the\nprogrammes listed in the appendix. 3. Possible impact of other Community policies\n\n\u2014 Mention should also be made of the Community\u2019s policies and activities in the field of\ncontrol of unfair economic practices, government procurement and \nindustrial\ncompetitiveness as well as in the area of development aid. These policies may also have\nsome relevance to the Convention and the Agreement, in particular with regard to\ncertain provisions of Parts VI and XI of the Convention. 23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/131\n\nAppendix\n\nCOMMUNITY ACTS WHICH REFER TO MATTERS GOVERNED BY THE CONVENTION AND\nTHE AGREEMENT\n\n\u2014 In the maritime safety and prevention of marine pollution sectors\n\nCouncil Decision 92/143/EEC of 25 February 1992 on radionavigation systems for Europe (OJ L 59,\n4. 3. 1992, p. 17)\n\nCouncil Directive 79/115/EEC of 21 December 1978 concerning pilotage of vessels by deep sea pilots in\nthe North Sea and English Channel (OJ L 33, 8. 2. 1979, p. 32)\n\nCouncil Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels\nbound for or leaving Community ports and carrying dangerous or polluting goods (OJ L 247,\n5. 10. 1993, p. 19)\n\nCouncil Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health\nrequirements for work on board fishing vessels (13th individual Directive within the meaning of Article\n16(1) of Directive 89/391/EEC) (OJ L 307, 13. 12. 1993, p. 1)\n\nCouncil Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection\nand survey organisations and for the relevant activities of maritime administrations (Classification\nSocieties Directive) (OJ L 319, 12. 12. 1994, p. 20)\n\nCouncil Directive 94/58/EC of 22 November 1994 on the minim level of training of seafarers (OJ L 319,\n12. 12. 1994, p. 28)\n\nCouncil Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using\nCommunity ports and sailing in the waters under the jurisdiction of the Member States, of international\nstandards for ship safety, pollution prevention and shipboard living and working conditions (port State\ncontrol) (OJ L 157, 7. 7. 1995, p. 1)\n\nCouncil Directive 96/98/EC of 20 December 1996 on marine equipment (OJ L 46, 17. 2. 1997, p. 25)\n\nCouncil Regulation (EEC) No 613/91 of 4 March 1991 on the transfer of ships from one register to\nanother within the Community (OJ L 68, 15. 3. 1991, p. 1) and Commission Regulation (EEC) No\n2158/93 of 28 July 1993 concerning the application of amendments to the International Convention for\nthe Safety of Life at Sea, 1974, and to the International Convention for the Prevention of Pollution from\nShips, 1973, for the purpose of Council Regulation (EEC) No 613/91 (OJ L 194, 3. 8. 1993, p. 5)\n\nCouncil Regulation (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution\nA. 747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers\n(OJ L 319, 12. 12. 1994, p. 1)\n\nCouncil Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off\npassenger ferries (ro-ro ferries) (OJ L 320, 30. 12. 1995, p. 14)\n\n\u2014 In the field of protection and preservation of the marine environment Part XII of the Convention\n\nCouncil Decision 81/971/EEC of 3 December 1981 establishing a Community information system for\nthe control and reduction of pollution caused by hydrocarbons discharged at sea (OJ L 355,\n10. 12. 1981, p. 52)\n\nCouncil Decision 86/85/EEC of 6 March 1986 establishing a Community information system for the\ncontrol and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances\nat sea (OJ L 77, 22. 3. 1986, p. 33)\n\nCouncil Directive 75/439/EC of 16 June 1975 on the disposal of waste oils (OJ L 194, 25. 7. 1975, p. 23)\n\nCouncil Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194, 25. 7. 1975, p. 39)\n\nCouncil Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (OJ L 31,\n5. 2. 1976, p. 1)\n\n\fL 179/132\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nCouncil Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances\ndischarged into the aquatic environment of the Community (OJ L 129, 18. 5. 1976, p. 23)\n\nCouncil Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (OJ L\n54, 25. 2. 1978, p. 19)\n\nCouncil Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (OJ L 281,\n10. 11. 1979, p. 47)\n\nCouncil Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur\ndioxide and suspended particulates (OJ L 229, 30. 8. 1980, p. 30)\n\nCouncil Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury\ndischarges by the chlor-alkali electrolysis industry (OJ L 81, 27. 3. 1982, p. 29)\n\nCouncil Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial\nactivities (OJ L 230, 5. 8. 1982, p. 1)\n\nCouncil Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring\nof environments concerned by waste from the titanium dioxide industry (OJ L 378, 31. 12. 1982, p. 1)\n\nCouncil Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air (OJ L 378,\n31. 12. 1982, p. 15)\n\nCouncil Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium\ndischarges (OJ L 291, 24. 10. 1983, p. 1)\n\nCouncil Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury\ndischarges by sectors other than the chlor-alkali electrolysis industry (OJ L 74, 17. 3. 1984, p. 49)\n\nCouncil Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants\n(OJ L 188, 16. 7. 1984, p. 20)\n\nCouncil Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of\nhexachlorocyclohexane (OJ L 274, 17. 10. 1984, p. 11)\n\nCouncil Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide (OJ L 87,\n27. 3. 1985, p. 1)\n\nCouncil Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and\nprivate projects on the environment (OJ L 175, 5. 7. 1985, p. 40)\n\nCouncil Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of\ncertain dangerous substances included in List I of the Annex of Directive 76/464/EEC (OJ L 181,\n4. 7. 1986, p. 16)\n\nCouncil Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants\ninto the air from large combustion plants (OJ L 336, 7. 12. 1988, p. 1)\n\nCouncil Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal\nwaste incineration plants (OJ L 163, 14. 6. 1989, p. 32)\n\nCouncil Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal\nwaste incineration plants (OJ L 203, 15. 7. 1989, p. 50)\n\nCouncil Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135,\n30. 5. 1991, p. 40)\n\nCouncil Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against\npollution caused by nitrates from agricultural sources (OJ L 375, 31. 12. 1991, p. 1)\n\nCouncil Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ L 377, 31. 12. 1991, p. 20)\n\nCouncil Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna\nand flora (OJ L 206, 22. 7. 1992, p. 7)\n\n\f23. 6. 98\n\nEN\n\nOfficial Journal of the European Communities\n\nL 179/133\n\nCouncil Directive 92/112/EEC of 15 December 1992 on procedures for harmonising the programmes for\nthe reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry\n(OJ L 409, 31. 12. 1992, p. 11)\n\nCouncil Directive 94/67/EC of 16 December 1994 on the incineration of hazardous waste (OJ L 365,\n31. 12. 1994, p. 34)\n\nCouncil Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments\nof waste within, into and out of the European Community (OJ L 30, 6. 2. 1993, p. 1)\n\n\u2014 In the marine environment research and scientific and technological cooperation sector\n\nMarine science and technology programme \n\nEnvironment and climate programme\n\nCooperation with non-member countries and international organisations: Scientific and technological\ncooperation with developing countries programme (INCO-DC)\n\n\u2014 Conventions to which the Community is a party\n\nConvention for the prevention of marine pollution from land-based sources, Paris, 4 June 1974 (Council\nDecision 75/437/EEC of 3 March 1975, published in OJ L 194 of 25. 7. 1975, p. 5)\n\nProtocol amending the Convention for the prevention of marine pollution from land-based sources,\nParis, 26 March 1986 (Council Decision 87/57/EEC of 28 December 1986, published in OJ L 24,\n27. 1. 1987, p. 47)\n\nProtocol for the protection of the Mediterranean Sea against pollution from land-based sources, Athens,\n17 May 1980 (Council Decision 83/101/EEC of 28 February 1983, published in OJ L 67, 12. 3. 1983, p. 1)\n\nConvention for the protection of the Mediterranean Sea against pollution and the Protocol for the\nprevention of the pollution of the Mediterranean Sea by dumping from ships and aircraft, Barcelona, 16\nFebruary 1976 (Council Decision 77/585/EEC of 25 July 1977, published in OJ L 240, 19. 9. 1997, p. 1)\n\nProtocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other\nharmful substances in cases of emergency, Barcelona, 16 February 1976 (Council Decision 81/420/EEC\nof 19 May 1981, published in OJ L 162, 19. 6. 1981, p. 4)\n\nConvention on long-range transboundary air pollution, Geneva, 13 November 1979 (Council Decision\n81/462/EEC of 11 June 1981, published in OJ L 171, 27. 6. 1981, p. 11)\n\nProtocol of 2 and 3 April 1982 concerning Mediterranean specially protected areas, Geneva, 3 April\n1982 (Council Decision 84/132/EEC of 1 March 1984, published in OJ L 68, 10. 3. 1984, p. 36)\n\nAgreement for cooperation in dealing with pollution of the North Sea by oil and other harmful\nsubstances, Bonn, 13 September 1983 (Council Decision 84/358/EEC of 28 June 1984, published in OJ\nL 188, 16. 7. 1984, p. 7)\n\nCooperation Agreement for the protection of the coasts and waters of the north-east Atlantic against\npollution, Lisbon, 17 October 1990 (Council Decision 93/550/EEC of 20 October 1993, published in OJ\nL 267, 28. 10. 1993, p. 20)\n\nBasel Convention on the control of transboundary movements of hazardous wastes and their disposal,\nsigned in Basel on 22 March 1989 (Council Decision 93/98/EEC of 1 February 1993, published in OJ L\n39, 16. 12. 1993, p. 1)\n\n\fL 179/134\n\nEN\n\nOfficial Journal of the European Communities\n\n23. 6. 98\n\nANNEX III\n\nMANDATE OF THE WORKING PARTY ON THE LAW OF THE SEA\n\nThe Working Party on the Law of the Sea handles the ongoing examination of issues relating to\nthe United Nations Convention on the Law of the Sea, which entered into force on 16\nNovember 1994. Its work paves the way for the European Union Council\u2019s discussions and so\ncontributes to the making of Community policies in areas of relevance to the Law of the Sea. In\npreparation for Council meetings, it provides the Committee of Permanent Representatives (and,\nwhere relevant, the Political Committee) with opinions on the compatibility of such policies\nwith international law, and in particular the United Nations Convention on the Law of the Sea,\neither at the request of that Committee or on its own initiative. The Working Party\u2019s mandate encompasses:\n\n1. the preparation of the Council Decision concluding the United Nations Convention on the\nLaw of the Sea and the Agreement relating to the implementation of Part XI thereof;\n\n2. the preparation of the declarations provided for in Article 5(1) and (4) of Annex IX to the\n\nUnited Nations Convention of the Law of the Sea;\n\n3. the preparation of the declarations provided for in Articles 287 and 310 of the United\n\nNations Convention on the Law of the Sea;\n\n4. the preparation, on issues within the Community competence, of draft Community positions\n\nwithin bodies set up under the Convention;\n\n5. the coordination of the activities of the Community and its Member States in the\nInternational Sea-bed Authority and its bodies, and consultations with a view to drafting\ncommon positions on issues of general interest coming under the common foreign and\nsecurity policy (CFSP);\n\n6. the drafting of common positions on foreign policy issues of general interest concerning the\ndevelopment of the law of the sea and its repercussions on the foreign policy of the\nEuropean Union;\n\n7. the examination of the consistency of projects and proposals submitted to the Council with\ninternational law concerning the law of the sea, and in particular of the United Nations\nConvention on the Law of the Sea. Positions on questions within the Community\u2019s competence are adopted by the normal\nprocedure. Questions falling under the European Union\u2019s foreign policy are governed by Title V of the\nTreaty on European Union"}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/73b14110-f341-4d83-9916-307643a4d794", "title": "WRITTEN QUESTION NO 1753/82 BY MRS MARIJKE VAN HEMELDONCK TO THE COMMISSION: DEFORESTATION AS A RESULT OF ILLICIT WOOD-CUTTING", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,VAN HEMELDONCK", "date": "1982-12-10", "subjects": "EU Member State,deforestation,forest,forestry policy,fuel,heating,silviculture,wood product", "workIds": "celex:91982E001753", "eurovoc_concepts": ["EU Member State", "deforestation", "forest", "forestry policy", "fuel", "heating", "silviculture", "wood product"], "url": "http://publications.europa.eu/resource/cellar/73b14110-f341-4d83-9916-307643a4d794", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/6508bae4-304f-4d1f-a194-910e28fc9b59", "title": "WRITTEN QUESTION NO 1747/82 BY MR ALLAN ROGERS TO THE COMMISSION: REDUNDANCY PAYMENT SCHEMES", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,ROGERS", "date": "1982-12-10", "subjects": "EU Member State,dismissal,indemnification,labour force,national law,social policy,social security", "workIds": "celex:91982E001747", "eurovoc_concepts": ["EU Member State", "dismissal", "indemnification", "labour force", "national law", "social policy", "social security"], "url": "http://publications.europa.eu/resource/cellar/6508bae4-304f-4d1f-a194-910e28fc9b59", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/d158a154-3f8f-4565-bb7f-bdb497fa3d8f", "title": "WRITTEN QUESTION NO 1744/82 BY MRS BARBARA CASTLE TO THE COMMISSION: FRENCH IMPORT RESTRICTIONS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CASTLE BARBARA,European Parliament", "date": "1982-12-10", "subjects": "Court of Justice of the European Union,France,administrative formalities,customs,customs formalities,free movement of goods,import restriction,labelling,living language,national law,offence,originating product,television", "workIds": "celex:91982E001744", "eurovoc_concepts": ["Court of Justice of the European Union", "France", "administrative formalities", "customs", "customs formalities", "free movement of goods", "import restriction", "labelling", "living language", "national law", "offence", "originating product", "television"], "url": "http://publications.europa.eu/resource/cellar/d158a154-3f8f-4565-bb7f-bdb497fa3d8f", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/9fbd91cb-b290-4166-b3df-c369b9b7c9ad", "title": "WRITTEN QUESTION NO 1759/82 BY MR PIERRE-BERNARD COUSTE TO THE COUNCIL: FOLLOW-UP TO THE BILATERAL TEXTILE NEGOTIATIONS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "COUSTE,European Parliament", "date": "1982-12-10", "subjects": "international negotiations,multifibre agreement,textile industry,the EU's international role", "workIds": "celex:91982E001759", "eurovoc_concepts": ["international negotiations", "multifibre agreement", "textile industry", "the EU's international role"], "url": "http://publications.europa.eu/resource/cellar/9fbd91cb-b290-4166-b3df-c369b9b7c9ad", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/82db1bb4-4d00-45c2-811e-bc3ebef50fe9", "title": "WRITTEN QUESTION NO 1763/82 BY MR ANTHONY SIMPSON TO THE COMMISSION: FREE MOVEMENT OF TEACHERS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,SIMPSON ANTHONY", "date": "1982-12-10", "subjects": "EU Member State,action programme,education policy,free movement of persons,living language,professional qualifications,recognition of diplomas,teacher", "workIds": "celex:91982E001763", "eurovoc_concepts": ["EU Member State", "action programme", "education policy", "free movement of persons", "living language", "professional qualifications", "recognition of diplomas", "teacher"], "url": "http://publications.europa.eu/resource/cellar/82db1bb4-4d00-45c2-811e-bc3ebef50fe9", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/19a5677e-b5eb-4226-a351-a0821b1d7cd4", "title": "WRITTEN QUESTION NO 1778/82 BY MR RICHARD CABORN TO THE COUNCIL: THE COURT OF AUDITORS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "CABORN,European Parliament", "date": "1982-12-10", "subjects": "EU competence,European Court of Auditors,budgetary expenditure,budgetary resources,incompatibility,supervisory power", "workIds": "celex:91982E001778", "eurovoc_concepts": ["EU competence", "European Court of Auditors", "budgetary expenditure", "budgetary resources", "incompatibility", "supervisory power"], "url": "http://publications.europa.eu/resource/cellar/19a5677e-b5eb-4226-a351-a0821b1d7cd4", "lang": "eng", "formats": ["print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/b7a41217-accb-413c-83cc-4fcc9532f92a", "title": "82/854/EEC: Council Decision of 10 December 1982 on the rules applicable, in the fields of export guarantees and finance for export, to certain subcontracts with parties in other Member States of the European Communities or in non-member countries", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "Council of the European Union", "date": "1982-12-10", "subjects": "contract,credit insurance,export credit insurance,export financing,subcontracting", "workIds": "celex:31982D0854,oj:JOL_1982_357_R_0020_022", "eurovoc_concepts": ["contract", "credit insurance", "export credit insurance", "export financing", "subcontracting"], "url": "http://publications.europa.eu/resource/cellar/b7a41217-accb-413c-83cc-4fcc9532f92a", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1982357EN. 01002001. xml\n\n\n\n\n\n\n\n\n\n\n18. 12. 1982\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 357/20\n\n\n\n\n\nCOUNCIL DECISION\nof 10 December 1982\non the rules applicable, in the fields of export guarantees and finance for export, to certain subcontracts with parties in other Member States of the European Communities or in non-member countries\n(82/854/EEC)\nTHE COUNCIL OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,\nHaving regard to the proposal from the Commission,\nWhereas the increasing interdependence of the Member States' economies requires a strengthening of cooperation and the finalization of joint solutions to the particular problems posed in the field of subcontracting by export guarantees and finance,\nHAS DECIDED AS FOLLOWS:\nArticle 1\nThe detailed rules applicable in each Member State to the automatic inclusion of subcontracts with parties in other Member States of the European Communities or in non-member countries in the cover which may be granted on behalf of or with the support of the State to the principal contractor, and also to the financing of such subcontracts, are defined in the Annex to this Decision. Article 2\nHowever, Section IV shall not apply to subcontracts relating to export transactions concluded on the basis of credits involving any form of financial support from a Member State. Article 3\nDecision 70/552/EEC\u00a0(1), is hereby repealed. This Decision shall enter into force on 1 January 1983. Article 4\nThis Decision is addressed to the Member States. Done at Brussels, 10 December 1982. For the Council\n\n\nThe President\n\nG. FENGER M\u00d8LLER\n\n\n\n\n(1)\u00a0\u00a0OJ No L 284, 30. 12. 1970, p. 59. ANNEX\nSECTION I\n\nDefinition of \u2018subcontract\u2019\n\n\u2018Subcontract\u2019 means a contract concluded by an undertaking (hereinafter called the \u2018principal contractor\u2019) with another undertaking (hereinafter called the \u2018subcontractor\u2019) under which it is agreed that, in performance of another contract made between the principal contractor and a third undertaking (hereinafter called the \u2018buyer\u2019), the subcontractor will deliver goods or perform services which the principal contractor must incorporate or use in supplying the item or items which the buyer has ordered from him, it being understood that:\n\n\n\n\n\n\n(a)\n\n\n\nPosition in law\n\nThe subcontractor is not a co-signatory to the contract concluded between the principal contractor and the buyer, and\nthe principal contractor has sole responsibility to the buyer for performance of the contract and bears all the risks which may be guaranteed in relation to the latter. (b)\n\n\n\nTechnical and economic position\n\nSupplies from the subcontractor cover goods (other than raw materials or semi-finished goods) and/or services which, from the technical and economic point of view, consitute for the buyer essential ancillaries to performance of the contract by the principal contractor. SECTION II\n\nAutomatic inclusion of subcontracts in the cover\n\n\n\n\n\n\n\n\n\n1. Subcontracts exclusively with parties in one or more Member States shall be automatically included in the cover which may be granted to the principal contractor where the amount of such subcontracts is equal to or less than:\n\n\n\n\n\n\n\u2014\n\n\n40 % for contracts of a value less than 7\u00a0500\u00a0000 ECU,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\n3\u00a0000\u00a0000 ECU for contracts of a value between 7\u00a0500\u00a0000 and 10\u00a0000\u00a0000 ECU,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\n30 % for contracts of a value over 10\u00a0000\u00a0000 ECU. However, where the principal contractor's credit insurer is unable, because the risk inherent in the transaction is particularly heavy, to support cover for the whole of the transaction, consultation between the interested credit insurance organizations shall take place with a view to resolving the problem by means of joint insurance or, if possible, re-insurance. 2. Where export contracts involve subcontracting both in Member States and in non-member countries, subcontracting in Member States shall be automatically included, in so far as total subcontracting in all countries does not exceed the percentages and limits fixed in paragraph 1 by reference to the value of the contract. 3. Cover shall be granted to the principal contractor, under the same conditions, whether he has recourse to national subcontracting or to subcontracting in other Member States. SECTION III\n\nFinancing of subcontracts which have been included in cover\n\nWithout prejudice to application of the customary criteria used in banking matters, treatment equal to that applicable to export contracts comprising exclusively national supplies shall be granted, as regards financing, in respect of export contracts which include subcontracts incorporated in accordance with the provisions of Section II. SECTION IV\n\nExchange of information\n\n\n\n\n\n\n\n\n\n1. A subsequent exchange of information shall take place within the framework of the Policy Coordination Group for Credit Insurance, Credit Guarantees and Financial Credits as regards individual contracts in respect of which subcontracting in non-member countries exceeds 30 % and, in respect of mixed subcontracting both in Member States and in non-member countries, where the total value exceeds that percentage. Such exchange of information shall, however, only take place for individual contracts exceeding 500\u00a0000 ECU in value and involving credit for a period of more than three years. The following shall apply:\n\n\n\n\n\n\n\u2014\n\n\nsuch individual contracts are to be considered as exceptional,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\na study may at any time be made within the Coordination Group of the difficulties which may arise in connection with certain individual contracts reported within the framework of the subsequent exchange of information,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nif experience shows that the subsequent exchange of information procedure is unsatisfactory, the Commission and the Member States may request that ways and means be sought of remedying those aspects that are found to be unsatisfactory. 3. Where a Member State proposes to conclude with a non-member country an agreement relating to inclusion of subcontracts on a reciprocal basis, the Member State concerned shall submit a preliminary notification to be followed by consultations within the framework of the Policy Coordination Group for Credit Insurance, Credit Guarantees and Financial Credits. The percentages relating to automatic inclusion allowable in such agreements may not \u2014 unless the Council decides otherwise \u2014 exceed 30 % irrespective of whether the subcontracting is in the non-member country with which the agreement has been made or whether subcontracting in other countries is involved. SECTION V\n\nBasis of calculation\n\nThe percentages and amounts referred to shall be calculated in accordance with the following rules:\n\n\n\n\n\n\n\u2014\n\n\ncosts incidental to export i. e. transport and insurance, are included in the total amount of the contract on which these percentages and amounts are calculated,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nfinancing costs are totally excluded from the amount of the contract, whether itemized or not,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nthe non-repatriable portion of incidental local expenditure on supplies is not normally deducted from the amount of the contract, it being understood, however, that if this portion exceeds 15 % of the amount of the contract less the costs of financing, the excess will be deducted"}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/18a043bd-c58f-41ea-a30c-eeb7b58074a2", "title": "WRITTEN QUESTION NO 1777/82 BY MR DIETER ROGALLA TO THE COMMISSION: PERSONAL CHECKS ON TRAVELLERS AT INTERNAL BORDERS", "langIdentifier": "ENG", "mtypes": "print", "workTypes": "http://publications.europa.eu/ontology/cdm#question_parliamentary,http://publications.europa.eu/ontology/cdm#question_written,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Parliament,ROGALLA", "date": "1982-12-10", "subjects": "EU Member State,France,admission of aliens,customs formalities,extradition,free movement of persons,frontier,legal basis,military equipment,narcotic,national law,passport,residence permit,right of asylum,supervisory power", "workIds": "celex:91982E001777", "eurovoc_concepts": ["EU Member State", "France", "admission of aliens", "customs formalities", "extradition", "free movement of persons", "frontier", "legal basis", "military equipment", "narcotic", "national law", "passport", "residence permit", "right of asylum", "supervisory power"], "url": "http://publications.europa.eu/resource/cellar/18a043bd-c58f-41ea-a30c-eeb7b58074a2", "lang": "eng", "formats": ["print"]}
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+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c222c408-291b-4530-ab61-657623689e7b", "title": "Commission Regulation (EEC) No 3305/82 of 9 December 1982 laying down detailed rules for the provision of administrative assistance in connection with the export of cheeses eligible for special treatment on import into Norway", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1982-12-09", "subjects": "Norway,cheese,customs formalities,export licence,import", "workIds": "celex:31982R3305,oj:JOL_1982_350_R_0011_011", "eurovoc_concepts": ["Norway", "cheese", "customs formalities", "export licence", "import"], "url": "http://publications.europa.eu/resource/cellar/c222c408-291b-4530-ab61-657623689e7b", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/c0e68c46-9fea-4954-a0a9-ddc22272943c", "title": "82/873/EEC: Commission Decision of 9 December 1982 on the implementation of the reform of agricultural structures in Denmark pursuant to Council Directive 72/159/EEC (Only the Danish text is authentic)", "langIdentifier": "ENG", "mtypes": "html,pdfa1b,print", "workTypes": "http://publications.europa.eu/ontology/cdm#decision,http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1982-12-09", "subjects": "Denmark,EAGGF Guidance Section,State aid,agrarian reform,farm development plan,farm modernisation", "workIds": "celex:31982D0873,oj:JOL_1982_368_R_0045_033", "eurovoc_concepts": ["Denmark", "EAGGF Guidance Section", "State aid", "agrarian reform", "farm development plan", "farm modernisation"], "url": "http://publications.europa.eu/resource/cellar/c0e68c46-9fea-4954-a0a9-ddc22272943c", "lang": "eng", "formats": ["html", "pdfa1b", "print"]}
+{"cellarURIs": "http://publications.europa.eu/resource/cellar/73ec34bd-6505-4f36-8ddf-2edf7b65c6fd", "title": "Commission Regulation (EEC) No 3303/82 of 9 December 1982 amending Regulation (EEC) No 1235/82 with regard to certain coefficients to be applied for milk products incorporated in compound feeds", "langIdentifier": "ENG", "mtypes": "fmx4,html,pdfa1b,print,xhtml", "workTypes": "http://publications.europa.eu/ontology/cdm#legislation_secondary,http://publications.europa.eu/ontology/cdm#regulation,http://publications.europa.eu/ontology/cdm#resource_legal,http://publications.europa.eu/ontology/cdm#work", "authors": "European Commission", "date": "1982-12-09", "subjects": "manufactured feedingstuffs,powdered milk,ratio,selling price,skimmed milk powder", "workIds": "celex:31982R3303,oj:JOL_1982_350_R_0008_009", "eurovoc_concepts": ["manufactured feedingstuffs", "powdered milk", "ratio", "selling price", "skimmed milk powder"], "url": "http://publications.europa.eu/resource/cellar/73ec34bd-6505-4f36-8ddf-2edf7b65c6fd", "lang": "eng", "formats": ["fmx4", "html", "pdfa1b", "print", "xhtml"], "text": "L_1982350EN. 01000801. xml\n\n\n\n\n\n\n\n\n\n\n10. 12. 1982\u00a0\u00a0\u00a0\n\n\nEN\n\n\nOfficial Journal of the European Communities\n\n\nL 350/8\n\n\n\n\n\nCOMMISSION REGULATION (EEC) No 3303/82\nof 9 December 1982\namending Regulation (EEC) No 1235/82 with regard to certain coefficients to be applied for milk products incorporated in compound feeds\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Economic Community,\nHaving regard to Council Regulation (EEC) No 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture following the temporary widening of the margins of fluctuation for the currencies of certain Member States\u00a0(1), as last amended by Regulation (EEC) No 3605/81\u00a0(2), and in particular Article 6 thereof,\nWhereas the monetary compensatory amounts introduced by Regulation (EEC) No 974/71 were fixed by Commission Regulation (EEC) No 1235/82\u00a0(3), as last amended by Regulation (EEC) No 3258/82\u00a0(4);\nWhereas, by Regulation (EEC) No 1753/82\u00a0(5), the Commission brought back into application Regulations (EEC) No 368/77 and (EEC) No 443/77 dealing with the sale of skimmed-milk powder for use in feed for pigs and poultry; whereas it was consequently necessary to set a coefficient for skimmed-milk powder and for animal feeds containing skimmed-milk powder which has been sold under the special terms set out in those two Regulations; whereas the coefficient in question is laid down in Regulation (EEC) No 1931/82; whereas there has since been a substantial change in the selling price of skimmed-milk powder; whereas the coefficient in question should therefore be adjusted;\nWhereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committees for Cereals and for Milk and Milk Products,\nHAS ADOPTED THIS REGULATION:\nArticle 1\nAnnex I to Regulation (EEC) No 1235/82 is hereby amended as follows:\n\n\n\n\n\n\n1. In section (b) of note (8) to Part 1, \u20180-53\u2019 is replaced by \u20180-25\u2019. 2. In Part 5:\n\n\n\n\n\n\n\u2014\n\n\nin the second paragraph of note (1), \u20180-30\u2019 is replaced by \u20180-14\u2019,\n\n\n\n\n\n\n\n\n\n\n\u2014\n\n\nin the fourth paragraph of note (6), \u20180-53\u2019 is replaced by \u20180-25\u2019. Article 2\nThis Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply from 20 December 1982. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 9 December 1982. For the Commission\n\nPoul DALSAGER\n\nMember of the Commission\n\n\n\n\n\n(1)\u00a0\u00a0OJ No L 106, 12. 5. 1971, p. 1. (2)\u00a0\u00a0OJ No L 362, 17. 12. 1981, p. 2. (3)\u00a0\u00a0OJ No L 142, 20. 5. 1982, p. 1. (4)\u00a0\u00a0OJ No L 346, 6. 12. 1982, p. 1. (5)\u00a0\u00a0OJ No L 193, 3. 7. 1982, p. 6"}
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