108013

JPRS 82909

22 February 1983

Worldwide Report

LAW OF THE SEA

No. 220

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JPRS 82909

22 February 1983

WORLDWIDE REPORT

LAW OF THE SEA

No, 220

CONTENTS

ASIA

AUSTRALIA

Briefs

Mining, Fishing Sea Code

LATIN AMERICA

BRAZIL

Briefs

Law of Sea Convention Ratification Seen

Fishing Talks With Trinidad-Tobago

MEXICO

Fishing Industry Leader Criticizes Policy

(NOTIMEX, 26 Jan 83)

NEAR EAST/SOUTH ASIA

BANGLADESH

Text of Statement by Delegate to Jamaica Conference

(THE BANGLADESH OBSERVER, l£, 16 Dec 82)

INDIA

Sea law Convention Examined; U.S. Stand-Decried

(R. Chakrapani; THE HINDU, 23 Dec 82) ...

- a - [III - WW - 136]
Gandhi Urges Law of Sea Endorsement

(THE TIMES OF INDIA, it Jan 83) • • • 9

'Indian Express' Notes Importance of Transit Passage Rights

(B. V. Rara Rao; INDIAN EXPRESS, 20 Dec 82) 10

Meeting Urges Better Exploitation of Sea Wealth

(THE HINDU, 10 Jan 83) • 13

Briefs

Commercial Ocean Mining lU

WEST EUROPE

INTERNATIONAL AFFAIRS

Norway, EC End Fishing Dispute With Agreement on Quotas

(Kjell Dragnes; AFTENPOSTEN, 26 Jan 83) 15

FRANCE

CNEXO Cooperates With Firms To Develop New Equipment

(L'USINE NOUVELLE, various dates) 17

Main Establishment in Bretagne, by Nicole Grange

Recovery of Metallic Nodules

PORTUGAL

Fishing Rights Dispute With Spain Unresolved

(DIARIO DE NOTICIAS, 12 Jan 83) 21

TURKEY

Soviets Refuse To Pay Health, Lighthouse Duties

(DUNIA, 19 Jan 83) • 22

- b -
AUSTRALIA

BRIEFS

MINING, FISHING SEA CODE—The Australian Government and the states have reached

agreement on a common code of the sea to regulate mining and fishing within

Australia's 200-mile offshore limit. The agreement was announced today by the

prime minister, Mr Fräser, who said the code would become operative on

14 February. Radio Australians Canberra correspondent, (Ted Keyers), said

there will be no major change in the powers and responsibilities the federal

government and the states now have over offshore areas, but it will apply

uniform standards to offshore exploration of petroleum and minerals and any

mining development activities. The minister for primary industry,

Mr Nixon, described the agreement as a landmark in the history of Australia's

fishing industry. [Text] [BK040939 Melbourne Overseas Service in English

0830 GMT 4 Feb 83]

CSO: 5200/4316
BRAZIL

BRIEFS

LAW OF SEA CONVENTION RATIFICATION SEEN—Adm Maximiano da Fonseca, minister of

the navy, said yesterday that Brazil should ratify the new Law of the Sea convention, which establishes a country's exclusive zone of exploitation at 188

miles and its territorial waters at 12 miles. He observed, however, that this

wll not come about immediately, since the matter must still be studied by the

National Congress. According to the minister, this is an excellent treaty for

Brazil and is being adopted by consensus of many nations. He explained that

Brazil acted unilaterally in establishing its territorial limit at 200 miles,

but that other nations accepted the philosophy behind this attitude, which was

to extend the range of the country's exclusive utilization of maritime resources, which at that time was limited to 12 miles. Regarding the Antarctic, the

admiral reiterated that Brazil is going to that continent only to mark its

presence and to have a voice in the 1991 treaty which will define use of the

Antarctic by all the interested countries. The minister was reluctant to comment on President Figueiredo's meeting with his Argentine colleague, but he

said this is always good because it shows there is understanding and dialogue

between the two countries. He said this would not affect Brazil's relations

with England, stressing that it is possible to be "a friend of the enemy of a

friend." [Text] [Sao Paulo 0 ESTADO DE SAO PAULO in Portuguese 14 Jan 83 p 5]

6362

FISHING TALKS WITH TRINIDAD-TOBAGO—Last Monday in Port of Spain, Roberto

Ferreira do Amaral, superintendent of SUDEPE [Superintendency for Development

of the Fishing Industry] met with Kamuluddin Mohamed, agriculture minister of

Trinidad-Tobago, to analyze prospects for greater cooperation between and that

Caribbean country in the fishing area. According to the SUDEPE superintendent's report from Port of Spain, there is a good possibility that TrinidadTobago and Brazil will agree to the formation of "joint ventures" for tuna

and anchovy fishing on the southern coast of Brazil. This negotiation is of

fundamental importance to the fishing sector in the south of the country,

since it will alleviate the serious problem of idle capacity of its onshore

infrastructures. The basic idea is to use Trinidad-Tobago's fishing boats to

catch shrimp and anchovy in Brazilian waters, to be processed in the south of

the country and then exported to CARICOM countries (a kind of Caribbean common

market). Amaral added that programs are under study with Trinidad-Tobago to

catch bottom fish, for which Brazil does not have the fishing technology, and

this could facilitate diversification of fishing production and also of the

market, since the Caribbean countries traditionally consume this type of fish.

[Excerpts] [Brasilia CORREIO BRAZILIENSE in Portuguese 13 Jan 83 p 10] 6362

CSO: 5200/2011
MEXICO

FISHING INDUSTRY LEADER CRITICIZES POLICY

FL261910 Mexico City NOTIMEX in Spanish 1556 GMT 26 Jan 83

[Text] Mexico City, 26 Jan (NOTIMEX)—Julio Berdegue, president of the

National Chamber of the Fishing Industry [Camara National de La Industria

Pesquera], said that due to mistaken policies, the private tuna fleet had

been paralyzed since September 1982, resulting in a loss of $40 million.

He rejected the notion that the national fishing industry will overcome its

present standstill as long as the state continues to refuse negotiations

to eliminate the tuna boycott imposed by the United States and refuses to

allow private capital participation in the exploitation of marine life

which up to now has been reserved for cooperatives and parastäte enterprises.

He added that the tuna industry cannot afford to operate its ships when it

can only export 10 percent of its product to other than U.S. markets.

All this, he said, without considering the financial problems confronted by

businessmen due to their foreign debt, their dependence on imports and

imported machinery and the unfair competition posed by the subsidized

operation of semistate fishing cooperatives.

He said the only alternative to settle the problems of the national fishing

industry is to open the foreign market, resolving the U.S. tuna boycott.

After stressing the need for the United States to begin buying our national

product again—without endangering the country's sovereignty—Julio Berdegue

would not say whether banning U.S. ships from entering Mexican waters was a

good or bad attitude on the part of the government.

The leader added that Mexico's tuna fleet could produce 80,000 tons of tuna,

60,000 tons of which could be absorbed by the United States and the remainder

sold in the domestic market.

CSO: 5200/2012
BANGLADESH

TEXT OF STATEMENT BY DELEGATE TO JAMAICA CONFERENCE

Dhaka THE BANGLADESH OBSERVER in English 15, 16 Dec 82

[15 Dec 82 p 4]

[Text] f fnie following is the text of

I the statement made by the

•DCMLA and leader of BanglaIdesh delegation Rear Admiral

IM.A. Khanat the final session of the «Third United Naifstions Law of the Sea conferlence at Montego Bay Jamaica

Ion December ft last savs BSS.

|v;'Bismillaher Kahmaner Ra-

|him: . : -,;. .

| Mr. President distinguished

delegates ladies and gentlemen

| »he Bangladesh delegation

considers if both an honour

fand a pleasure to participate

Itn the final session of the

ilThird United Nations Conferpence- ok the Law of the Sea.

s against the breath-taking ex

fouisite surrounding of Montego

(Bay. We would like to express,

four sincere gratitude to the

[Government and people of

I Jamaica for their friendly hos-

£ pitalitv and the excellent ar*

Iramwment made for this conJ-ferenee.-

M 'Mr. President as a populous

liAsian country we.toke pride

I and satisfaction that these

I: lone and arduous negotiations

culminating in the present

I historic session Were presided

lover by two distinguished sons

lot Asia both coming from two

Isister Island republics close

neighbours of Bangladesh. My

llate Hamilton1 Shirley AmeraIsinghe whose contribution to

i the work of this conference is

ftoo well known; We would

faTso' like to express our deep

'gratitude to you Mr. President

jlfor Öl« effective^ and fajr mgn-i

Per in which you steered the

conference" ', to a successful

conclusion. You have brought

to the work of this conference

eminently Asian ivirtues of

patience" forethought and ri

gorous discipline of mind and

spirit Without which the sue

cess of this conference would

not have been achieved.

{Through you Mr. President

we wish to express our gratitude to ambassador Zuleta and

all members of the. Law of the

Sea Secretariat for their cooperation; # JMr. President we would

also like to acknowledge the

inspiration and impetus given

itb our work by ambassador

Pardo of Malta., Mr President, genesis and

duration of the Third United

Nations Conference on the

Law of the Sea spans almost

exactly our own history as a

free and independent natior.

Bangladesh participated m trie

Caracas conference barely two

years after her independence.

Indeed our participation was

one of the first major diplotnatic .exercises undertaken

it is for this reason the^Government and people of Bangadesh attaches a sjxscial significance to the monumental

work achieved in elaborating a wo ' regime for the seas

terests and activities for

Pin- Ear the

*|(^ order and regBTateff use?

of the oceans and its resour-

:■■! 'Mr. President the task of

formulating ft comprehensive

convention on the Law, of the

Sea has not -been easv we are

mindful that this great international legislative enterprise

Ife the first in which the deve-

: loping <-countries have been

Sftble to participate as equal

5partners. Their interests and

aspirations have influenced the

sjBnal outcome. Nevertheless

BarSdadesh feels that full

^potential of the present convention can onlv be realised

through a ^universal participation. We therefore joint many

previous speakers in appealing

"To those countries that have

yet to make uo their minds to

i join this convention in the intertst of universal legal order

i for the seas and the oceans.

I , 'Mr. President we hope that

I some nations : great as they

are appreciate the immediate

significance of correct legal

relationship with the convention. The treaty establishes

the means by which the coas.

I tal nations extend their severeä ignty over adjacent marine re-

' sources and enioy immediate

; benefits of tangible fishing and

r navigational rights a just and

equitable framwork to protect

i and conserve the resources of

f the world ocean for the welfare

i of the entire world commui nity. '•■■'

[16 Dec 82 p 4]

[Text] The following is the concluding part of the text of the statement

made by the DCMLA and leader of the Bangaldesh delegation Rear Admiral
M. A. Khan at the final session of the Third United Nations Law and Sea conference at Montego Bay, Jamaica, on December 9 says BSS.

Mr President, the people of Bangladesh have historically been a sea-faring

people. The limited land resources and subsistence needs of the 90 million

population of Bangladesh make it imperative to recognise the potential of

the oceans as a tangible promise for the future.

Mr. President, we have to acknowledge that not all our hopes have been

realised in this convention. We believe that the unique geographical circumstances of our coastline and the peculiar geomorphological conditions

associated therewith warrant adequate treatment. It is also impossible not

to agree with the assessment of some of the distinguished representatives

that the scheme of the convention gives too much to some and too little to

many others yet the convention with all its imperfections offers a viable

package deal which must be taken in the spirit of mutual co-operation and

friendship as a whole.

Mr. President, we believe that no state however powerful or technologically

advanced should acquire the stamp of legitimacy through unilateral exploration and exploitation of what is the common heritage of mankind.

We also believe that the convention will give an impetus for the establishment of regional arrangements for exploration and exploitation of sea

resources that in the view of my delegation will be mutually beneficial to

the countries of the region.

Mr. President, we sincerely believe that if nations are truly guided by a

spirit of mutual understanding and co-operation and by the objective

assessment of the convention the hopes of mankind will materialise through

this convention. Bangladesh feels happy and satisfied that this convention

provides adequate and equitable scope to resolve differences among states

in the spirit of friendship and cooperation.

Mr. President, we are also happy that the convention will be open to signature by Namibia represented by the United Nations Council of Namibia and

which Bangladesh is closely associated. At the same time signing of the

final act of the convention by the Palestine Liberation Organisation (PLO)

is welcomed by my delegation.

Mr. President, we also believe that the convention offers developing countries such as Bangladesh scopes to participate in the activities of a number

of organs set up by the convention and that such participation is bound to

stimulate the development domestically of the technological infrastructures

in relation to exploration and exploitation of the resources of the ocean.

We are also pleading that the convention provides for distribution of the

oceans' wealth between developed and developing nations.

Mr. President, the convention before us contains many inadequacies but in

the spirit of our commitment to international law, peace and good order and

solidarity with people of developing world nonaligned and Islamic countries.

5
I have been entrusted by my government to sign the convention. However, Mr.

President, at the appropriate time Bangladesh will avail itself of the

provisions of Article 310 to make a declaration on matters of our vital

national interests.

In conclusion, Mr. President, Bangladesh joins all states hoping that the

final session based on the principles and objectives of the United Nations

will be a memorable chapter of fruitful co-operation and understanding and

sharing of benefits of the greater part of the globe for the benefit of

mankind.

Thank you, Mr. President.

CSO: 5200/7010
INDIA

SEA LAW CONVENTION EXAMINED; U.S. STAND DECRIED

Madras THE HINDU in English 23 Dec 82 p

[Article by R. Chakrapani]

[Text] U

NDER the Law of the Sea Convention which was signed by -118

countries at a tiistörte ceremony at

Montegb Bay in Jamaica'-'on December 10,

India has been assigned a unique position

befitting its technological and scientific

c

advancement It becomes the only country,

"to be given the status of "pioneer investor'

enabling it to undertake seabed mining in a

site to be assigned to it soon. The site Will

, be located in a southern part of the Indian

|,Ocean where India has already invested £

capital more than $30 millions (Rs. 28.5

cröres) on seabed research and development and qualified itself for obtaining the

status of a pioneer.

v The "Pioneers Club", recognised by

the Convenöoa is indeed a very small

group consisting of four Western consortia

arid four countries with State programmes

of seabed mining, namely, France, Japan, India and the Soviet Union. The four Western

seabed mining firms are: Kennecott Consortium, Ocean Mining Associates, Ocean

Management , Incorporated and Ocean

Minerals Company and they are controlled

by one or more of the following countries:

Belgium, Canada, Federal Republic of

Germany.v Italy, Japan, the Netherlands, the

United ryngdom and the United States,

The cfub is likely to be enlarged in the

next two years but those already there are

guaranteed a stte where they will be free to

undertake mining operations to extract frorn

the seabed what are, known as polymetallic

nodules rich jrfvaluable metals like copper,

nickel, cobalt and manganese. These

nodules litter the ocean floors and their

monetary value may run into trillions of

dollars. India is rich in manganese but poor1

in other metals.

Oil resources

The pioneer operators are not free to

keep all they recover from the ocean bed

but they have financial payments to make to

| the Lawoflhe' Sea Authority to be establiI shed and obey all the rules of the-game for

(the common good.

When the Convention' comes into full

force, the doors wtll also be opened for the

nations of the world to attempt to meet their

energy needs by exploiting the oil resources

'i in their continental shelves extending over a

distance of 560 km from the coast Without

I being challenged by any other country, they

pcould tap the living and non-living resources

|in an exclusive 320 km economic zone.

§,;'•.■■; For India, the prospects of offshore oil

^resources are immense in the Bay of Bengal

lalorie, where it is reported that the oil-bear-

|ing sediments are said to be of 16 km thtekf-ness. India may soon prepare a plan for

Especial surveys and research programmes

I to assess the mineral as well as oil re-

|sources in its continental shelves all around

fits expansive; peninsula leaving out what

Illegitimately belongs to other nations such

las Burma, Bangladesh, Sri Lanka* Maldives

t^and Indonesia. The Government of India

|may also be required to begin a legal and a

^planning and. research "exercise by the

I Department of Ocean Development to take

|föll6w-up( action in the light of the provisions,-

\df the sea Convention.

1 Behind the ceremony that was held at

^Montegb Bay ;on December 10, lies nine

I long years or labour to evolve the Law of

fthe Sea Convention. More than 3,000 deIlegates and legal, naval and scientific exIberts, meeting alternately at Geneva and

fNew York, shaped up the treaty which is be-

|ina rightly hailed as a unique international

fachievement ' .;'

I Innovative concepts

I The Conventton, which was adopted

fby the Law of the Sea Conference on April

|30, contains many new and innovative

|concepts of international law. The 320

fclause Convention lays down a complex set

fof rules and regulations for virtually all

tconceivable uses of the oceans, including
liavfgaBon, 'fisheries, mirißiST"Ti

eäöuröBS

development and scientific research. It also

seeks toprotecfthe world's seas from pollution and encourages efficlenfmanagerhent

|of their hidden, treasures, so that their

benefits will be available to all mankind. It

laptlydeclares the wealth of the seas as the

"common heritage of mankind".

;.*'. The understandable jubilation that

marked, the signing ceremony at Montegb

Bay was ateo tinged with regret and dismay,

this was because the United States and

some of its Western allies like Britain, West

Germany and Japan did not sign the document the US. objection was based oh

What it perceives as a violation of the free

enterprise principles to which iti subscribes.

While the U.S. notified that it would not ioin

in rule-making efforts, others left; the door

jcjpen for their joining the treaty at a later

What annoyed the Third World ftelega»

ttons particularly was the fact that > the

Reagan Administration delayed the deliberations of the (conference for over a year sayling it needed time to formulate its policy,

ithen re-entered the negotiations early this

year in a bid to block approval of provisions

ialready agreed upon by the two previous

JUS. Administrations, and finally announced

irt was.stayirig ojjt.of,the treaty. The U.S. has,

ialready/made public its intention to coni'clude a "mini treaty" with like-minded nations such as Britain, West Germany and

Japan to let their private sector concerns

mine seabed site^ mutually agreed upoa

.. U.S.'s8tand

... What further pains Third World delegations is that the yS. action will enable it to

have the benefit of .the Conventions

provisions 6n sucti; matters as a uniform

«mit of 20 IOT of territorial sea, exclusive

economic zone, continental shelf and unfnv

pecked passage to naval vessels through the

116 straits in the world, protection of marine

lenvironment and freedom Of marine reIsearch and at the same time chart gut its

.own course in the exploitation of the mineral

Iwealth of the seabed. .:> ; *

The US. says the prificipal reason for

gits not sighing the treaty Is that it does not

|bive guarantee of access to seabed mining.

Kin addition to that", says a high US. of-

'ficial, "there are many portions of theftext to

which we object". He says the US.' is

opposed to the proposal that provides for a

review of the parallel" system of mining

iafter 15 years for fear that this-might teed to

ithe elimination of private consortia from

^participating in seabed mining and enforcement of a unitary system by 'which only

'Enterprise"; the mining arm of the proposed

!

lnterhational Seabed Authority to be set up '

Sunder the Convention, could undertake

|seabed mining.

The US. Is also opposed to the distribu5tloa of the beriefits of seabed mining to narttonaf liberation~' movementsHike" "Thef

|Palestine Liberation Organisation,

The US. * action in staying out of the

treaty has been criticised both within and

loutside the conference. Fiji which played a

Ikey role in negotiating seabed mining said

•the world could do "Without the overbearing

attitudes of the superpowers". Eyen a

country \iike Australia, a Close ally of the

US., has cautioned the US. that by staying

|out it would be incurring the hostility of 8»

'entirewörld. • rx

The conference chairman. Ambassador

Tommy Koh of Singapore, takes a riathef bpjtimistiC view. He believes die US. would. n©t

be able to hold out for long. He says the

|U.S. Would be unable to impterneht the

"mini treaty". According to him, a workable

mini treaty" can be achieved only if tfie

S. can persuade all the major seabed miffing countries to join in the restricted

arrangement *'.' '

r

< ■■'»•••

"The Soviet Union and Franco t\^b

seabed mining countries, have decided to

sign the convention", he notes. "And, Mi^f

will, ttierefore, not join the mini treaty I expect and hope that Japan will sign tffe

ponvention. In that event, it seems to me trat

la mini treaty will not be effective. becau%

lone cannot exclude the possibility that the

Irnine sites awarded by the countries which

pay outside the convention will not ,bverlap

(Or conflict with the mthe^ sites atoardedvS^

l^ye International Seabed Authority *to

'others". , • '''_ -..

\ Mr. Koh believes that the US. will not

sbe able to go it alone with the mini treaty^t

ricould only do it at a certain price to its oym

Ipririciples. It will have to abandon its presfessed belief in free market principles_and

?grant to the seabed mining industry ooverjh

Jment-backed insurance against political risl

The signing ceremony held at Montegb

*lBay represents an important stage in

fformalising the treaty. It will corne intq force

las soon as 60 governments ratify the ^reaty.

«Judging from Third World enthusiasr%j this

|process may not take long,

I Meanwhile, the Preparatory GoWmission of the Convention will meet T

fi

'March next to evolve rules and also1taWS

Iteps to establish the proposed International

Seabed Authority and its mining?arm

''Enterprise' at Kingston, Jamaica. It will afs*ö

pet" Up another important organ cjf the

convention, namely, the TnternatiorSil

fTrlbunal for the Law of the Sea WhicH^lb

he located in Hamburg, West'Gerrnany, ,

|r The Preparatory Commission has,^eaj»

Igiven a wide mandate by the Ctonveriticjn/ilt

Iwill also draft rules about the scope «id

Ifunctions of the proposed assembly alndjfthe

|36H?ation council and help in constituting

fthe secretariat of the Seabed Authority! at

Kingston. ' < ;'-*

CSO: 5200/7007
% *V " '.ä»*tr^

INDIA

GANDHI URGES LAW OF THE SEA ENDORSEMENT

Bombay THE TIMES OF INDIA in English 4 Jan 83 p 1

[ Text]p --■■■■ -

r

mmipkTiri!MW :3;-,OT'

FTTHEPrime Minister, Mrs. Indira '

" X Gandhi, today urged all cotm- :

!tries to sign tht United Nations

«convention on the law of the seas

iand hoped that the countries-which

were ''blatantly refusing to, recbg?

jnise . this common human right"

would reconsider their stand! ;

'The refusal of some developed,

countries, however, made it.all the

smore necessary for India to strive

•for self-reliance, Mrs. Gandhi said. .-'

SShe was addressing the 70th session

of the Indian Science Congress, which

has as its focal theme "Man and

the ocean: resources and developi.ment." . '. ■■■■■' -.

i Mrs. Gandhi voiced the feelings of

Jail developing countries when, she,

i said Antarctica, the deep oceans

outside the exclusive economic zone

of coastline nations and outer space

were the common heritage-of (mtani/kind. "We feel strongly • that they

|. should not be subjected to: the rule

iOf first come, first served."

t . '. ;'

/ India vsjas neither expansionist nor

I aggressive and it did not wish to go

,-beyond its rights but,, "those rights

(must be safeguarded," Mrs. Gandhi

''made, it clear. ; ' ,

u The Prime Minister's statement, is

k clear signal to fellow developingcountries that India would stand by

I them in the fight for technological

1 equity even though India itself lias

I sent two missions ' to Antarctica,

I achieved the pioneer . investor status

I in ocean mining and made major adi vances in space technology. .

.""Mrs. Gandhi ""referred to' the local*

theme of the Science Congress sesfsfon andsaid India ii^^* «ily

country yith the Privileg! o£„ haying

an ocean named; 'after - iWJjö»eyer,

itheöndiän Ocean, had hardly been

iexplored' by;-thc&e- Who .ffits$^iiöüä4.

;

:

ii'«s*tl. .. :-. -'< ...:':-.' '» *. J-tr ."-'•*

f«r*«We have a long coast«-«ld'Ntmr ;

maritime traditions go hack to;ancient

f times: yet because of our large -land i ■■base} t we. became ' i accustomed •'' 'fo

' thiijking of ourselves! and-5Je*J,jes^rai.l^jsy. others; as land-luhbers;,t

"^ncursions by outside military

eis have suddenly opened; ourjeyeS i

SBjtae significance. ;of, the^ea^jf^und j

»JSP* our security and de«elopmtht," \

ik^said.. ?.,.:.':j"t3 ':

s< Gandhi;stated thatr reeogBirläW: |

idia as a pioneer :foy<|S|or ,;jn ;

|j|i|n; mining was. a :'dwecfc-«es«ftvof j

tneWo'ceahographic'' • resesn^^deri taken.- in «the- cotjntry,;-jBesi&ßa$tkf$f~

t sical" and biological, resöurees -of -the

; sea, an - understanding- of; ffle" 'jitter* >|

factioji between the : ;ydc^aS:,:jüJS jhe

I ätniosphereS.was alsö-'yitäl .l-ifpr-."tK».j

* country, because therindian-. Oeean^e- i

i- termmed India's weather.'"**"'?*- >,,„" , p ,Eje|errfflg;;

to, the food. reseueces ;ih

} th)?"-fi'ceans, Mrs. Gandhi s^id a mere

I &SJp' countries' ^ith''',e^eria^e"t'eeh-

*

J1ä$PI"fi!fe .eyJa^ilitiesY >,h?d,f-,iMnoj3o5p&d' more/ .than: three-quarters -d£tfio

| total global" 'l#iveC^fvfMKÄi^Ä*"

I rated niaj<K-i.-.fisuingylieeJs*Äh.3ftoJrt-;^p}said swerÄl,:iwte;ä|^pPi<'la^

|jjsprundertaken •> oceanögraphic ".aetivi- i

*Ms", and'"tHe department of öceatt c|efiSopment would,co-ordinate, all- ;-»«fm' - CALL TO setiemsstiS - '-. " #•' • . - o-;",>;...,:.;, v:.;

.*-^ :;

•Plfeviewing,; India's- ,scienpfjg-,|(rogreslp Mrs. Gandhi saiif Ö)ft foundation1 <jf, self-reliance fed- jBeen--..fuift,

Whilerithe science• policv.resolüticnfif

|958 guided Indian scientist?.';If: was

I§|t now to .evaluate.;the. experience.

JlipMli recognise- accomplishments

an^identify .shortcomings 'b'efore

piquing-for the 'future; ;.;».-> -

. The. -Prime Minister;...expressed"' disappointment- that -.- scientists -hadii Itot.

- been '• sufficiently: enthused -to woric

for .the. ne'eds of the',average' people,

especially the-foor, who mustrearn

their,' pittance through.avoidable ärädgery. Alsöi nöt'a^ipi^e a'tejitionjiad

bgen' paid;- to •the^eyeloijirätot of^a^ail-

£|l^renewabie source.s ,flf energy. ;and

Sr local resources. .'' ';,.-'

irs. Gandhi.'-said;-;se^ötige'- -e'äpaJfts1

, mtist.'|i|-;%es444 '^J&*J$Q&i$

i«Im' '.major « develoianeht- • effägss»-raijd

6QJ sector of >ecS'Ämc,!afetm|yvÄ8t

' -k 'firnier- '^^ft^lÄcl^f^wi^;.

, -Si.;'|Qaiid!hi;,^aräied:^iscientistsfe' tö

•t^iiak 0^^)(6C0i4uc1^g;ik'»the- nto,!* rad*

yääted* mMis'inÖ' vftl'äges,rto.''^bring

prQfes^prwUsiTj,^^-f-ii>fe'%--vfeaditional

Ss^isÄof':(-"infomatit»ipÄ3(8K' ;hejMth

.Ptdp3.thSl:ssS?eto^ '

i

^^,^^m0S^i

; i^Mer ;^e,j"a^^^|4|^|LCi^iu4ues

fe1raq^ip^^Jt&^i'<%^Ä-^iies^B is

-^ah< 'wfe:|a'Kirlr'|B ,b>',f>sfti'pfc'.:^i8i'H*bsojete 'öljesi?*^-''*1^'''*^':.^;- j, i^i;'...

. * Mrs. GaftdJii»Sjjid, Iri<J)a;::-C0Hl4-*iiiBke

up "for the' lost'-time *(ön^;by b^j,nnin| now.'''4p;;;ii^ate;i

']tbe''-:.tecii^Ioiy

for the 2is.t cen'tury-;-.-' '*••-

CSO: 5200/7008
INDIA

'INDIAN EXPRESS' NOTES IMPORTANCE OF TRANSIT PASSAGE RIGHTS

Delhi INDIAN EXPRESS in English 20 Dec 82 p 6

[B. V. Rara Rao article: "Group of 77 Outsmarted"]

[Text] The Convention on the Law of the Sea was opened for signature at

Montego Bay, Jamaica, on December 10 and it remains open for two years. A

total of 119 countries, including India, France and the Soviet Union have

signed the convention. Prominent among the nations who have not signed as

yet are the United States, Britain, West Germany and Japan. The convention

will come into force one year after 60 countries ratify it.

The convention envisages a territorial sea.of 12 nautical miles as against

the traditional cannon-shot rule which provides only a three-mile territorial

limit. A coastal state will have a contiguous zone of 12 nautical miles

from its territorial waters to regulate customs, fiscal, immigration and

sanitary matters. The cenvention also provides for an exclusive economic

_zon_e [EEZ] of 200 nautical miles and a continental shelf of 200 to 350

nautical miles,_d^en^ing upoiTThegeographical situation. It also lays

down the mechanism for pollution control, scientific research and dispute

settlements.

The resources beyond the continental shelf have been declared as the common

heritage of mankind. The polymetallic nodules are the major resources of

the deep seas which contain manganese, copper, cobalt, nickel and many

other minerals. According to conservative estimates, the market value of

these minerals could be about three trillion dollars.

The convention provides an elaborate mechanism for the exploitation of

these deep-sea resources. It will create an International Seabed Authority

which consists of an assembly in which all the signatories to the convention

would be members and an elected 36-member council. There will be an operational wing of the authority called "Enterprise" which would exploit

resources on behalf of mankind. The exploitation will be done in parallel

by the Enterprise and by private or government contractors. Under this

parallel system, an applicant would provide a plan of work for two mine sites

of equal value out of which the authority would reserve one for the Enterprise and allot the other to the applicant. It also provides for the

transfer of technology from the contractors to the Enterprise.

10
But the success of the Enterprise would basically depend upon the availability of finances and technology. More so of the latter. It is an open

fact that the U.S. has a near monopoly of ocean mining technology. The

convention recognises 10 pioneer investors—four U.S.-dominated international

consortia, France, the Soviet Union, West Germany, Britain, Japan and India.

However, it is the U.S. companies which control ocean mining technology.

If the U.S. stays out of the convention and starts mining on the basis of

the "mini-treaty" or its own national legislation, the Enterprise will in

all probability be unable to acquire the technology. Moreover, once these

multinationals choose to mine outside the ambit of the International Seabed

Authority, they would see to it that not only the Enterprise, but also other

countries which would like to mine the oceans in accordance with the convention, fail.

Another important aspect of the convention is the creation of new right of

"transit passage" through international straits. The extension of territorial waters to 12 miles has a tremendous bearing on international navigation—especially the strategic interests of the superpowers in the straits.

With this extension, about 116 international straits would be closed to

free navigation. Earlier, with the three-mile territorial sea on each side,

all these straits had high sea corridors in which full freedom of navigation and overflight existed for all nations. But with the acceptance of the

12-mile rule, both coastal states on either side of a strait can claim the

whole of the strait's waters as territorial, as all these 116 straits are

less than 24 miles and more than three miles wide.

Now all these straits are subject to "transit passage" under the convention.

No doubt, even under the traditional international law and the 1958 Geneva

Convention the right of "innocent passage" exists. But there is a vast

difference between innocent passage and transit passage. While under

innocent passage, submarines have to navigate on the surface showing their

flags, now they can travel under water according to transit passage right.

A warship can also claim right of passage under this.convention, unlike

under the 1958 convention. Moreover, the right to overfly was not included

in innocent passage, whereas it is very clearly permitted under the new

right of transit passage.

As a result of the right of transit passage submarines, warships and a combat

aircraft can pass through and over these straits without the permission of

coastal states.

For instance, a nuclear-powered submarine belonging to any nation can pass

through the Palk Straits under water without taking permission from either

India or Sri Lanka, though the width of the strait at Adams Bridge is only

three miles. The right of transit passage is going to be very significant

for the mobility of the superpower navies. The creation of the U.S. Rapid

Deployment Force [RDF] has also increased the importance of international

straits. If the unit of RDF is compelled to take prior permission for

transit, the very meaning and purpose of "rapid" deployment would be

defeated.

11
The USSR too has a considerable interest in international straits. The

Soviet Black Sea Fleet can only reach the Mediterranean through the Bosporus

Strait. And from the Mediterranean its forces can only reach the open ocean

either through the straits of Gibraltar of the Suez Canal.

It is in fact to safeguard those interests that the U.S. and USSR took the

initiative to convene the Conference on the Law of the Sea. One of the major

objectives of the U.S. in the conference is to achieve transit passage

rights in these straits.

At the beginning of the conference it was understood that the Group of 77

would not have conceded "transit rights" in international straits till the

U.S. agreed to all aspects of seabed exploitation. But the Group of 77

agreed to transit rights and the conference had incorporated this right in

the text as early as 1977.

Once these rights were incorporated in the text, the U.S. mining lobby

started pressing American policy-makers not to give any more concessions

on seabed exploitation. The proponents of this view argued that the draft

convention would become international law whether the U.S. signs it or not,

as it comes into force as soon as a prescribed number of countries ratify

it. In any case the provisions in the convention would become customary

international law, even if not ratified by the requisite number of countries.

This being so, they argued, the U.S. can go in for seabed mining on the

basis of the "mini-treaty" or its own national legislation while safeguarding its strategic interests in straits under customary international law.

The net result is that the U.S. has got a double advantage. It has decided

not to sign the treaty while actively exploiting the possibilities of the

"mini-treaty" with its Western mining allies. It wants to exploit seabed

resources outside the convention while getting all the benefits under it

like the transit passage right, the 12 mile territorial sea, the 200 mile

EEZ, a 350 mile continental shelf, and so on.

The policy-makers of the Group of 77 did not perceive the importance of

"transit passage" through straits for the big powers. In fact, they did not

realise where their bargaining strength lay. Obviously, they could not use

this lever properly, and so they paid for it. Had the developing world

played its cards more tactfully, perhaps the U.S. may have been constrained

to sign the convention.

9459

CSO: 5400/7009

12
INDIA

MEETING URGES BETTER EXPLOITATION OF SEA WEALTH

Madras THE HINDU in English 10 Jan 83 p 6

[Text]

The week-long setence congress, whfch

has concluded here, has urged the Government

tö sWvey ocean resources systematically,

particuiaHy in the continental sheff, and prepare

$n fnveritöry with the help of more research

sriips and aircraft and satellites.

H? also called for security measures to prevent exploration and exploration of the

country's mineral resources in the ocean bjr

fore^n agencies.

In all, the congress made 16 main

Irecemmendations on this year's' theme —• man

andoeeari resources and development ^ V

!, Prof. 6. Rarhachandra Rao, president of

She Indian Science' Congress Association, told

the general, body that there was an urgent need

jfor estimating manpower requirements in

locean science and technology and introducing

feourses, particularly, at the post-graduate «Und

fdtploma levels for getting the required

IperSormet • . ' '' :

|; . Apart from the conventional techniques

ffor ocean studies, ocean engineers should imfpröve existing methods and develop new ones*

I Fighting pollution: The congress stressed

fthat pollution of the seas by radioactive wastes

fand fallouts from nuclear expfostehs should be

«monitored to preserve the .ocean ecosystem;

fExtensive studies should be rtiade for efirriinatling toxic effluents which accumulate and impair

|the ocean environment Sftjdents should be

ftaught about the ocean and fts potential as a

{source of food material, mineral and oil and its .

prole in weather changes. The Department of'

iOcean Development could prepare small

fbooklets on sea resources and distribute them

I to school and college students.

I . Every effort should be made to popularise

I seabathing, scuba-diving; surfing and other

I water-sports. , '( " '

I In view or the possibility that some ancient

I cities might lay buraed under the ocean, scienItisjs and laymen interested in. diving should be

! encouraged to ijndertake underwater.explore

tion not only as a pastime but as a professional

activity. The congress emphasised that a few

more sites should be chosen for putting up

i ocean thermal energy 'conversion projects.

| Those directed towards the design and

»development of smaller units which convert.

| wave energy to electric power should be enI cöuraged by funding agencies ^o that small

| hamlets all along the. coast could be provided

I enough electric power at least for domestic use.

I ' Among other things, the congress ex-

| pressed the view that gas from Bombay High

land other oilfields.could be made.available to

I any State ready ;to use it till a final decision on

| allocation was taken-The recornmendations of

! the congress would be forwarded to the task

fforce of the union Department of Science and

| Technology for follow-up measure. ,',

t / Over to Ranchi; The next session of the

Iscience congress, for which Prof. R. P.

IBambah, Director of the Centre for Advanced

|Study in Mathematics, Punjab University,

»Chandigarh, will be the president, is to be held

|at Ranchi in January 1984. Lucknow would be

Ithe venue for the 72nd session and Dr. A. S,

fepaintal of Delhi has been elected president for

|l984-65.

b' Awards: Eight young scientists have been

Iselected for the Young Scientists' Award by

|the. congress for their original papers presented^

;?atthesessioa~" -" A

?;* The award winners ate: Dr. L N. Katkär

iLecturer in Mathematics, Krishna Mahavid-;

|yalaya, Satara, Maharashtra, Dr. Neeraj Kharec

i Department of Physics, Banaras Hindu Univers-

|ity, Varanasi, Dr. CMis^) Rajeswari Mahalihgartv

^Department of Botany. Bharathiar University*'

ICoimbatore, Dr. Susharrta Singh; Department'

"".of Zootogy, Baharas Hindu» University,

IVaränasi, Dr. ((Miss) Tara Devi, Research

} Associate, Department of ', Anthropology,'

i; University of Delhi, Delhi, Dr. Ajay Kumar

fSinna, Department of «aematology, School oft

ITropical Medicine, Calcutta; Dr. V. H. Rao;'

I; Division of Physiology and Climatology, Indian

|Veterinary Research Institute, teatnagar, DP.

jCand Dr. Sen Gupta, Department of Physic«,;

1 Gosner College, Ranchi. ' *

I The award Will be'given at tfar RanorP

I session next year; The award, which consists of

I Rs. 5,000 and a citation, is given every year r

CSO: 5200/7012

13
INDIA

BRIEFS

COMMERCIAL OCEAN MINING—TIRUPATI, January 4—India will be able to start

commercial operations in ocean mining within a decade, according to Dr. G. S.

Sidhu, director-general of the Council of Scientific and Industrial Research.

A recently-completed survey by the National Institute of Oceanography has revealed good polymetallic nodule fields in the Indian Ocean. India has already filed its claims over these before the concerned international forum.

The area covered in the Indian Ocean by manganese nodules was estimated at

15 million sq. km. of which about 6.5 million sq. km. was likely to be a

"prime area" suitable for first-generation mining. This involved the demarcation of 30,000 sq. km. from a vast expanse through expertise in navigation

and position fixing. [Bombay THE TIMES OF INDIA in English 5 Jan 83 p 9]

CSO: 5200/7011

111
INTERNATIONAL AFFAIRS

NORWAY, EC END FISHING DISPUTE WITH AGREEMENT ON QUOTAS

Oslo AFTENPOSTEN in Norwegian 26 Jan 83 p 8

[Article by Kjell Dragnes]

[Text] Joint Norwegian and EC fishing started up again at midnight, after

the EC Council of Ministers approved the fishing agreement with Norway on

Tuesday, almost a month and a half after negotiations on the agreement were

completed in Brussels.

Norway closed its economic zone to all vessels from EC countriest on 1 January in order to show its dissatisfaction with the circumstance that once

again it seemed impossible to validate an agreement due to internal conflicts in EC.

But EC finally managed to hammer out a joint fishing policy in Brussels on

Tuesday, after 6 years of transition arrangements and disagreement. Thus

people in the Ministry of Fisheries anticipate that this is the last time

they will have these problems with EC and that the annual quota negotiations in December will lead to agreements that can go into effect on the

date originally scheduled.

The irritation in our fisheries branch has been tangible and it has increased for every day that went by in January. Some vessels have lost 25

days of fishing, although it is hard to tell exactly how many days were

lost. Many ships have gone over to other kinds of fishing and the poor

weather in January would have prevented fishing for long periods of time in

any case.

It is estimated that catches worth 25 million kroner were lost because of

the halt and Norway will ask EC for this amount in compensation. The

agreement calls for a balance in fishing in the various zones.

"Some vessels are already in the starting group for fishing in EC zones,"

section chief Jens Victor Sele of the Fishing Boatowners' Association told

AFTENPOSTEN. "it is possible that some ships, especially bank line vessels and cod trawlers, will proceed to the North Sea again after setting a

northerly course to fish for their cod quotas when EC waters were blocked,"

he said.

15
Those who have lost the most are the bank line vessels, which under the

most rational operating plan should begin fishing for pollack in the North

Sea on 10 January. The seining fleet had to quit fishing for mackerel on

12 January when the old agreement expired and it is now occupied with the

winter capelin fishing in the Barents Sea.

The industrial trawlers did not have much of a problem, they could fish

for the varieties they usually fish for in Norwegian zones, but since fish

tend to move around, it is an advantage for them that they can now enter

the EC zone.

A transfer of 2,000 tons of cod from Norway to EC tipped the balance for

the EC ministers. In return, Norway received 2,000 tons of herring in the

EC zone. Later on this spring they will negotiate again on quotas and

regulations, so that the catch balance is maintained.

6578

CSO: 5200/2528

16
FRANCE

CNEXO COOPERATES WITH FIRMS TO DEVELOP NEW EQUIPMENT

Main Establishment in Bretagne

Paris I/USINE NOUVELLE in French 16 Dec 82 pp 48-49

[Article by Nicole Grange: "Brittany: CNEXO's Opportunities"]

[Text] Underwater acoustics, instrumentation, thernal energy

from the seas, antipollution fight...the research of the

Brittany Oceanological Center can bring about considerable

industrial fallout for the firms in the region.

"Ten years ago, we came to establish ourselves next to the CNEXO [National

Center for the Exploitation of the Sea], If it moves, we will follow." The

Suber Company, a small scientific instrumentation firm (17 employees, Ff 6

million sales) directed by Pascal Armanjean, today exports 50 percent of its

production, to a large extent thanks to the quality references that it gets

from CNEXO by participating in the development of its instruments.

An exceptional case, but one that illustrates the impact that an organization

such as CNEXO can have at the local level.

The mission of the National Center for the Exploitation of the Seas is to

develop knowledge of the seas and the exploitation of oceanographic resources.

Its principal establishment, the COB [Brittany Oceanological Center] was built

in 1968 several kilometers from Brest: 550 scientists work there. A department of industrial technology and development is in direct contact with the

industrial milieu for the research that it is carrying out: the stability of

offshore structures, underwater acoustics, instrumentation, thermal energy

from the seas, antipollution fight.... It also manages considerable resources: test basins, pressurized enclosure...that it allows the firms to

use.

The COB has two types of relationships with the industrial milieu:

—Traditional relationships of customer to supplier or subcontractor. In

fact, the Center has equipment to be built and maintained. CNEXO has eight

large ships and underwater vehicles: ship repair can be done at Brest (that

is the case of the rebuilding of the "Jean-Charcot"), or in other ports.

17
—"The relationships of technical cooperation that the COB has with certain

firms are much more fruitful: aid to research on new products, for example,

aid to the development thanks to the equipment and test facilities at the

Center, ultimately aid to industrialization," says Michel Gauthier, chief of

the department of technologies. This collaboration goes on with large firms,

the universities or small business.

On the local level, the COB and Thomson-CSF, established in Brest, are working

in close cooperation on several underwater acoustics projects in order to take

advantage of the military market with the French Navy. Specifically, Thomson

had built a Doppler effect keel currentometer to analyze ocean currents as a

function of the forward movement of the ship with regard to the [ocean] floor

and the various layers of water. With CNEXO aid, it is developing a stationary submerged currantometry station that makes it possible to analyze the currents at a point and at a precise moment. "Thanks to the support of the

Center, we were able to develop an entire line of currentometers and to put

ourselves on a worldwide level to approach the scientific and oil markets,"

says Claude Michel, from the division of underwater productions at Thomson.

In the field of acoustical transmission of television images, Thomson had developed an acoustical channel. CNEXO joined it to do image compression.

"The Center brings to us its scientific knowledge of the ocean milieu, its

test facilities, its financing capacities, and we do the manufacturing circuit drawings of the apparatus, the marketing," explains Claude Michel.

When the markets downstream are not well known, this 50/50 collaboration

makes it possible for us to share the risks.

Another type of collaboration: CNEXO calls on small or medium size local

firms to develop certain apparatus, for scientific instrumentation, for example. The Center shares in the cost of development, brings the help of its

research offices, of its engineers who test or "qualify" the products. "For

a small business like mine, benefiting from the technological support of the

COB is fantastic," says Pascal Armanjean. He had developed a celerimeter,

the COB has improved its performances. In addition to the business that he

does with the Center (over 20 percent), it is its far reaching influence that

interests him, "When my equipment is put on a ship or presented by CNEXO

abroad, we profit from its reputation. For us it is entirely efficient," he

goes on to say. This is how this small company has,sales almost everywhere

abroad, in the Soviet Union, in India....

"This quality referency has also served us greatly," admits Jean Bronnec,

marketing director at EGMO [expansion unknown]. In the beginning, his firm

collaborated with COB in the development of equipment for underwater sampling

(coring, barges), then he obtained a license to manufacture an automatic sampling system for polymetallic nodules. Today EGMO is launched and has mastered the manufacture of a line of antipollution products. From a small system for recovery of hydrocarbons built according to a Kleber patent, EGMO has

been able to develop several complementary devices: work pumps, concentrators.,,which allow it to approach the world market for antipollution equipment ,

18
But, while the influence of CNEXO can be decisive for several firms, overall

it remains limited within the region. Most of COG's research programs are

beyond the local scope. Whether the work applies to the thermal energy from

the sea or the extraction of underwater minerals, the Center works with national and even international level firms.

Technology Development: New Efforts

And CNEXO is currently more a "research" center than an "operating" center for

the seas: of the 550 scientists at Brest, barely 10 percent are engineers and

technicians and there are only 70 persons in the department of industrial

technologies and development.

Finally, CNEXO is not the true support of any industry. Oceanographic resources are potential: polymetallic nodules, thermal energy, acquaculture...

and the markets still hypothetical, due to the lack of profitability. And we

have to wait several years for the projects to result in industrial achievement.

Still, it's a hope. The will reaffirmed by the administration and the new

directors of the Center to direct their future efforts towards the development

of technologies.

COB Research [boxed article below above]

The Brittany Oceanological Center (COB) is the largest CNEXO establishment:

The COB concentrates on a single campus 550 scientists, engineers and technicians working on various themes related to the ocean, from fundamental research to concrete applications:

•—Living resources (aquaculture, biology and physiology of marine animals...);

—Mineral and fossile resources (research and exploration of the ocean bottom,

evaluation of mineral beds.,.);

—Sea intervention technologies (resistance of offshore structures, antipollution methods, fishing equipment...);

—Shore environment and management of the ocean environment (planning of shoreline land use, impact studies of seashore construction...);

—Physical and climatic environment (knowledge of ocean circulation, of the

states of the sea,..);

--Management of oceanic data (processing of acquired data, building of the

bibliographical data base...).

•Various organizations are located at the COB site: The Water Pollution ReSearch Center, the BRGM [Bureau of Geological and Mining Research], Orstom

19
[Office of Overseas Scientific and Technical Research], the Center for Marine

Meteorology, Genavir [expansion unknown], France Culture....

Thirty-five thousand m3 of laboratories, shops and offices, an ocean testing

station and equipment testing facilities are at the disposal of the scientific

and industrial community.

Recovery of Metallic Nodules

Paris L"USINE NOUVELLE in French 25 Nov 82 p 85

[Article by M.R.: "CNEXO Orders a 'Trolled Fish1"]

[Text] The National Center for the Exploitation of the SEA (CNEXO) is getting

ready to order from french industry an electronic system which makes it possible to locate polymetallic nodules on the ocean floor up to 6,000 meters

deep!

In reality it is a "fish trolled" by an 8 km cable. Equipped with lateral

sonar with a range of 500 meters, derived from military sonars (multiplexed

connections), it will make it possible to rough out the ocean floor, but not

to explore it with precision.

The "fish" will be built by the ECA [expansion unknown] Company whose plant

is located in Toulon (180 employees with headquarters at Meudon-Bellevue and

50 percent of its activities in exports). As for the lateral sonar, the

division of underwater activities of Thomson-CSF at Brest will build it.

Since the image obtained by the "trolled fish" is not sufficient to allow any

certainty regarding the presence and the nature of the polymetallic nodules,

CNEXO plans to use an Epaulard, an electronic system also developed in collaboration with ECA that makes it possible to automatically photograph underwater reliefs at up to 6,000 meters deep (at the rate of 14,000 pictures per

day) with high resolution.

9969

CS0: 5200/2518

20
PORTUGAL

FISHING RIGHTS DISPUTE WITH SPAIN UNRESOLVED

Lisbon DIARIO DE NOTICIAS in Portuguese 12 Jan 83 p 1

[Text] Some 1,000 Portuguese fishermen from the Vila Real de Santo Antonio

border area, who usually fish in Spanish waters, remained on land yesterday

for the 12th consecutive day. On the other side of the border, the owners

and fishermen of the Ayamonte fishing fleet, which normally operates in

Portuguese waters and is now paralyzed, decided to give the government in

Madrid their vote of confidence so that it will continue negotiating with

Portugal.

The current situation is due to the expiration of both countries' fishing

permits to the other's shipowners and fishermen on 30 December 1982. It

is now expected that the two governments are ready to reach an agreement.

Spanish authorities in Madrid indirectly place the blame on Lisbon for dragging out the situation. This is the interpretation that may be given to the

statement made by Miguel Oliver, secretary of state for fisheries, in which

he affirms that he "continues to anxiously await the transitional fisheries

plan proposal promised by Portugal." He expressed "fear that it would arrive

with terms that would prevent us from accepting it."

On the Portuguese side, an official secretary of state for fisheries' spokesman expressed optimism yesterday on an early Luso-Spanish understanding. He

also noted that Portuguese ports, particularly those in eastern Algarve,

remained calm.

As of last night, there were still no concrete indications on whether or not

negotiations on the fisheries agreement between Portugal and Spain would begin.

There were also no indications that the "transitional plan" proclaimed by

Portugal would be presented for discussion.

Meanwhile, yesterday, the Marin (Pontevedra province) Association of Eishing

Boat Owners asked that "the historic rights recognized in the 1969 agreement"

be exercised. It should be recalled that this agreement went so far as to

allow the Spanish fleet to operate within Portuguese waters (between 6 and 12

miles) without limiting the number of boats. For those shipowners, "the

Spanish Government is in a position Of weakness in the negotiations with

Portugal,"

9935

CSO: 5200/2525

21
TURKEY

SOVIETS REFUSE TO PAY HEALTH, LIGHTHOUSE DUTIES

Istanbul DUNYA in Turkish 19 Jan 83 p 7

[Text] Soviet ships, in compliance with their instructions, continue to transit

the Bosporus and the Dardanelles without paying the fees due, as a protest

against the daily adjustment of the value of the gold franc.

Close sources say that the ships' agent has reported in compliance with instructions received from the USSR that it cannot make the payments and has thus

accumulated the dollar equivalent of 800 million liras in overdue health duties

since 16 December.

In response to Western circles insisting that computation of the gold franc was

in error, Professor Dr Tahir Caga said in a written statement about the transition to the new practice and the complaints about it: "The views set forth in

this report and the legal principles on which they are based were explained

orally on 29 March 1982 to the Borders and Coasts Health Directorate General and

to the Maritime Urtdersecretariat and the Central Bank Foreign Exchange Directorate General in Ankara during April. Moreover, the situation was presented to

the Northern Maritime Area Command at a meeting in which Istanbul's maritime

problems were discussed. The Command, being closely interested in the problem

as it falls within its area of jurisdiction and responsibility, came to the conclusion that the thrust of the report was appropos and brought the problem to

the attention of the state authorities, contributing greatly to progress toward

improvement."

Professor Dr Tahir Caga insisted that the new practice is a proper regulatory

decision in our country's interests. He said:

"Some complaints have come from maritime circles about the new practice. The

area of greatest complaint from our ship owners is the Maritime Bank's unfortunate decision to quintuple the lighthouse and rescue fees that it had been collecting on a dollar basis from ships not transiting the Bosporus (free ships),

taking the opportunity of the implementation of the new practice for transit

ships to do this. The bank reversed this decision three days later in response

to complaints and returned to the former practice, thus eliminating complaints

in this regard.

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"As for the ship's health duties collected on the basis of the gold franc from

free ships in accordance with Law No 2548: There have been complaints and

charges that the new rules were implemented without any account or evidence to

the effect that Turkish ships would be covered although the problem had been

studied for a long time in an interministerial commission prior to implementation,

and thus fewer ships would come to our ports and tourist travel and the transit

trade would be wrecked. In response, efforts were made to amend, the law to make

substantial reductions in the duty rates immediately without waiting to see how

the new rules would go for a while. As soon as the modification is made, complaints on this score will be eliminated also. However, authorities say that, in

terms of tonnage, only 5 percent of the ships using our ports are Turkish ships.

We do not know how much this important fact has to do with the effort to change

the law. On the other hand, keeping the duties (health, lighthouse, rescue) paid

by free ships so low and thus creating a large difference between them and

transit ships may encourage at least some transit ships to forego transit; this

aspect must not be ignored, either.

"As for commercial ships transiting the straits: Each pays three duties (health,

lighthouse and rescue) in accordance with the Montreux Convention which are collected on the basis of the gold franc. Until recently, the method used for converting the gold franc into the Turkish lira was inaccurate. The method was

corrected on 16 November 1982 to set the value of gold at the rate on the world

exchanges. There is no question of legally raising the duties; the amounts set

for the duties by the Montreux Convention are still valid, only the computation

is different. This method cannot be changed without factual and legal violations. However, if the amounts that the duties come to when figured by this

method are too high for one reason or another, the government is empowered by the

Montreux Convention to reduce.them and to change these discount rates from time

to time. This would be a decision of political preference. It has the obligation here, however, to give prior notice. If the government is going to offer

a discount, it must do so.Without discrimination against any flag. During the

Montreux Conference, Turkey agreed to treat local and foreign ships equally as

regards duties. A discount in favor of Turkish ships only or any measure

intended to have the same result indirectly (a tax rebate exclusively for transit

ships for example) would be so close to "discrimination" that it would never be

acceptable. In adopting a measure to ease the burden of duties on Turkish ships

transiting the straits, it must be borne in mind that they amount to only 4.5 of

each 1,000 transiting ships in terms of tonnage.

"To permit ships which transit the straits — without calling at a port in the

immediate area ~ to be regarded as falling outside the transit regime and therefore exempt from transit duties on the assumption that they called at a Turkish

port prior to transit or will do so afterward — and, unfortunately, this is the

current practice — is not in keeping with the letter or spirit of the Montreux

Convention and causes undue loss of income."

8349

CSO: 5200/2529 END

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