# EUR-Lex - 21994A0820(01) - EN

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# 21994A0820(01)

**Agreement relating to the implementation of part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 /* Montego Bay Convention */ **

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Official Journal L 215 , 20/08/1994 P. 0010 - 0020 Finnish special edition: Chapter 11 Volume 32 P. 0129 Swedish special edition: Chapter 11 Volume 32 P. 0129 L 179/98 23/06/98 P. 115 *

AGREEMENT relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982

THE STATES PARTIES TO THIS AGREEMENT,

RECOGNISING the important contribution of the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter referred to as 'the Convention`) to the maintenance of peace, justice and progress for all peoples of the world,

REAFFIRMING that the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (hereinafter referred to as 'the area`), as well the resources of the area, are the common heritage of mankind,

MINDFUL of the importance of the Convention for the protection and preservation of the marine environment and of the growing concern for the global environment,

HAVING CONSIDERED the report of the Secretary-General of the United Nations on the results of the informal consultations among States held from 1990 to 1994 on outstanding issues relating to Part XI and related provisions of the Convention (hereinafter referred to as 'Part XI`),

NOTING the political and economic changes, including market-oriented approaches, affecting the implementation of Part XI,

WISHING to facilitate universal participation in the Convention,

CONSIDERING that an agreement relating to the implementation of Part XI would best meet that objective,

HAVE AGREED as follows:

Article 1 Implementation of Part XI

1. The States Parties to this Agreement undertake to implement Part XI in accordance with this Agreement.

2. The Annex forms an integral part of this Agreement.

Article 2 Relationship between this Agreement and Part XI

1. The provisions of this Agreement and Part XI shall be interpreted and applied together as a single instrument. In the event of any inconsistency between this Agreement and Part XI, the provisions of this Agreement shall prevail.

2. Articles 309 to 319 of the Convention shall apply to this Agreement as they apply to the Convention.

Article 3 Signature

This Agreement shall remain open for signature at United Nations Headquarters by the States and entities referred to in Article 305(1)(a), (c), (d), (e) and (f) of the Convention for 12 months from the date of its adoption.

Article 4 Consent to be bound

1. After the adoption of this Agreement, any instrument of ratification or formal confirmation of or accession to the Convention shall also represent consent to be bound by this Agreement.

2. No State or entity may establish its consent to be bound by this Agreement unless it has previously established or establishes at the same time its consent to be bound by the Convention.

3. A State or entity referred to in Article 3 may express its consent to be bound by this Agreement by:

(a) signature not subject to ratification, formal confirmation or the procedure set out in Article 5;

(b) signature subject to ratification or formal confirmation, followed by ratification or formal confirmation;

(c) signature subject to the procedure set out in Article 5; or

(d) accession.

4. Formal confirmation by the entities referred to in Article 305(1)(f) of the Convention shall be in accordance with Annex IX of the Convention.

5. The instruments of ratification, formal confirmation or accession shall be deposited with the Secretary-General of the United Nations.

Article 5 Simplified procedure

1. A State or entity which has deposited before the date of adoption of this Agreement an instrument of ratification or formal confirmation of or accession to the Convention and which has signed this Agreement in accordance with Article 4(3)(c) shall be considered to have established its consent to be bound by this Agreement 12 months after the date of its adoption, unless that State or entity notifies the depository in writing before that date that it is not availing itself of the simplified procedure set out in this article.

2. In the event of such notification, consent to be bound by this Agreement shall be established in accordance with Article 4(3)(b).

Article 6 Entry into force

1. This Agreement shall enter into force 30 days after the date on which 40 States have established their consent to be bound in accordance with Articles 4 and 5, provided that such States include at least seven of the States referred to in paragraph 1(a) of Resolution II of the Third United Nations Conference on the Law of the Sea (hereinafter referred to as 'Resolution II`) and that at least five of those States are developed States. If these conditions for entry into force are fulfilled before 16 November 1994, this Agreement shall enter into force on 16 November 1994.

2. For each State or entity establishing its consent to be bound by this Agreement after the requirements set out in paragraph 1 have been fulfilled, this Agreement shall enter into force on the 30th day following the date of establishment of its consent to be bound.

Article 7 Provisional application

1. If, on 16 November 1994, this Agreement has not entered into force, it shall be applied provisionally pending its entry into force by:

(a) States which have consented to its adoption in the General Assembly of the United Nations, except any such State which before 16 November 1994 notifies the depositary in writing either that it will not so apply this Agreement or that it will consent to such application only on subsequent signature or notification in writing;

(b) States and entities which sign this Agreement, except any such State or entity which notifies the depositary in writing at the time of signature that it will not so apply this Agreement;

(c) States and entities which consent to its provisional application by so notifying the depositary in writing;

(d) States which accede to this Agreement.

2. All such States and entities shall apply this Agreement provisionally in accordance with their national or internal laws and regulations, with effect from 16 November 1994 or the date of signature, notification of consent or accession, if later.

3. Provisional application shall terminate on the date of entry into force of this Agreement. In any event, provisional application shall terminate on 16 November 1998 if at that date the requirement in Article 6(1) of consent to be bound by this Agreement by at least seven of the States (of which at least five must be developed States) referred to in paragraph 1(a) of Resolution II has not been fulfilled.

Article 8 States Parties

1. For the purposes of this Agreement 'States Parties` means States which have consented to be bound by this Agreement and for which this Agreement is in force.

2. This Agreement applies mutatis mutandis to the entities referred to in Article 305(1)(c), (d), (e) and (f) of the Convention which become parties to this Agreement in accordance with the conditions relevant to each, and to that extent 'States Parties` refers to those entities.

Article 9 Depositary

The Secretary-General of the United Nations shall be the depositary of this Agreement.

Article 10 Authentic texts

The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

In witness whereof, the undersigned plenipotentiaries, being duly authorised thereto, have signed this Agreement.

Done at New York, this twenty-eighth day of July, one thousand nine hundred and ninety-four.

ANNEX

SECTION 1 Costs to States Parties and institutional arrangements

1. The International Sea-bed Authority (hereinafter referred to as 'the Authority`) is the organisation through which States Parties to the Convention shall, in accordance with the regime for the area established in Part XI and this Agreement, organise and control activities in the area, particularly with a view to administering the resources of the area. The powers and functions of the Authority shall be those expressly conferred on it by the Convention. The Authority shall have such incidental powers, consistent with the Convention, as are implicit in, and necessary for, the exercise of those powers and functions with respect to activities in the area.

2. In order to minimise costs to States Parties, all organs and subsidiary bodies to be established under the Convention and this Agreement shall be cost-effective. This principle shall also apply to the frequency, duration and scheduling of meetings.

3. The setting up and the functioning of the organs and subsidiary bodies of the Authority shall be based on an evolutionary approach, taking into account the functional needs of the organs and subsidiary bodies concerned in order that they may discharge effectively their respective responsibilities at various stages of the 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 Assembly, 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 Commission until such time as the Council decides otherwise or until the approval of the first plan of work for exploitation.

5. Between the entry into force of the Convention and the approval of the first plan of work for exploitation, the Authority shall concentrate on:

(a) processing of applications for approval of plans of work for exploration in accordance with Part XI and this Agreement;

(b) implementation of decisions of the Preparatory Commission for the International Sea-bed Authority and for the International Tribunal for the Law of the Sea (hereinafter referred to as the 'the Preparatory Commission`) relating to the registered pioneer investors and their certifying States, including their rights and obligations, in accordance with Article 308(5) of the Convention and Resolution II(13);

(c) monitoring of compliance with plans of work for exploration approved in the form of contracts;

(d) monitoring and review of trends and developments relating to deep sea-bed mining activities, including regular analysis of world metal market conditions and metal prices, trends and prospects;

(e) study of the potential impact of mineral production from the area on the economies of developing land-based producers of those minerals which are likely to be most seriously affected, with a view to minimising their difficulties and assisting them in their economic adjustment, taking into account the work done in this regard by the Preparatory Commission;

(f) adoption of rules, regulations and procedures necessary for the conduct of activities in the area as they progress. Notwithstanding the provisions of Annex III, Article 17(2)(b) and (c), of the Convention, such rules, regulations and procedures shall take into account the terms of this Agreement, the prolonged delay in commercial deep sea-bed mining and the likely pace of activities in the area;

(g) adoption of rules, regulations and procedures incorporating applicable standards for the protection and preservation of the marine environment;

(h) promotion and encouragement of the conduct of marine scientific research with respect to activities in the area and the collection and dissemination of the results of such research and analysis, when available, with particular emphasis on research related to the environmental impact of activities in the area;

(i) acquisition of scientific knowledge and monitoring of the development of marine technology relevant to activities in the area, in particular technology relating to the protection and preservation of the marine environment;

(j) assessment of available data relating to prospecting and exploration;

(k) timely elaboration of rules, regulations and procedures for exploitation, including those relating to the protection 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 following the receipt of a recommendation on the application from the Legal and Technical Commission. The processing of an application for approval of a plan of work for exploration shall be in accordance with the provisions of the Convention, including Annex III thereof, and this Agreement, and subject to the following:

(i) a plan of work for exploration submitted on behalf of a State or entity, or any component of such entity, referred to in Resolution II(1)(a)(ii) or (iii), other than a registered pioneer investor, which had already undertaken substantial activities in the area prior to the entry into force of the Convention, or its success in interest, shall be considered to have met the financial and technical qualifications necessary for approval of a plan of work it the sponsoring State or States certify that the applicant has expended an amount equivalent to at least USD 30 million in research and exploration activities and has expended no less than 10 % of that amount in the location, survey and evaluation of the area referred to in the plan of work. If the plan of work otherwise satisfies the requirements of the Convention and any rules, regulations and procedures adopted pursuant thereto, it shall be approved by the Council in the form of a contract. The provisions of Section 3(11) of this Annex shall be interpreted and applied accordingly;

(ii) notwithstanding the provisions of Resolution II(8)(a), a registered pioneer investor may request approval of a plan of work for exploration within 36 months of the entry into force of the Convention. The plan of work for exploration shall consist of documents, reports and other data submitted to the Preparatory Commission both before and after registration and shall be accompanied by a certificate of compliance, consisting of a factual report describing the status of fulfilment of obligations under the pioneer investor regime issued by the Preparatory Commission in accordance with Resolution II(11)(a). Such a plan of work shall be considered to be approved. Such an approved plan of work shall be in the form of a contract concluded between the Authority and the registered pioneer investor in accordance with Part XI and this Agreement. The fee of USD 205 000 paid pursuant to Resolution II(7)(a) shall be deemed to be the fee relating to the exploration phase pursuant to Section 8(3) of this Annex. Section 3(11) of this Annex shall be interpreted and applied accordingly;

(iii) in accordance with the principle of non-discrimination, a contract with a State or entity or any component of such entity referred to in subparagraph (a)(i) shall include arrangements which shall be similar to and no less favourable than those agreed with any registered pioneer investor referred to in subparagraph (a)(ii). If any of the States or entities or any components of such entities referred to in subparagraph (a)(i) are granted more favourable arrangements, the Council shall make similar and no less favourable arrangements with regard to the rights and obligations assumed by the registered pioneer investors referred to in subparagraph (a)(ii), provided that such arrangements do not affect or prejudice the interests of the Authority;

(iv) a State sponsoring an application for a plan of work pursuant to the provisions of subparagraph (a)(i) or (ii) may be a State Party or a State which is applying this Agreement provisionally in accordance with Article 7, or a State which is a member of the Authority on a provisional basis in accordance with paragraph 12;

(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 Convention.

7. An application for approval of a plan of work shall be accompanied by an assessment of the potential environmental impacts of the proposed activities and by a description of a programme for oceanographic and baseline environmental studies in accordance with the rules, regulations and procedures adopted by the Authority.

8. An application for approval of a plan of work for exploration, subject to paragraph 6(a)(i) or (ii), shall be processed in accordance with the procedures set out in Section 3(11) of this Annex.

9. A plan of work for exploration shall be approved for a period of 15 years. On the expiration of a plan of work for exploration, the contractor shall apply for a plan of work for exploitation unless the contractor has already done so or has obtained an extension for the plan of work for exploration. Contractors may apply for such extensions for periods of not more than five years each. Such extensions shall be approved if the contractor has made efforts in good faith to comply with the requirements of the plan of work but for reasons beyond the contractor's control has been unable to complete the necessary preparatory work for proceeding to the exploitation stage or if the prevailing economic circumstances do not justify proceeding to the exploitation stage.

10. Designation of a reserved area for the Authority in accordance with Annex III, Article 8, of the Convention shall take place in connection with approval of an application for a plan of work for exploration 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 sponsored by at least one State provisionally applying this Agreement shall terminate if such a State ceases to apply this Agreement provisionally and has not become a member on a provisional basis in accordance with 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 which have been applying it provisionally in accordance with Article 7 and for which it is not in force may continue to be members of the Authority on a provisional basis pending its entry into force for such States and entities, in accordance with the following subparagraphs:

(a) if this Agreement enters into force before 16 November 1996, such States and entities shall be entitled to continue to participate as members of the Authority on a provisional basis on notification to the depository of the Agreement by such a State or entity of its intention to participate as a member on a provisional basis. Such membership shall terminate either on 16 November 1996 or on the entry into force of this Agreement and the Convention for such member, whichever is earlier. The Council may, on the request of the State or entity concerned, extend such membership beyond 16 November 1996 for a further period or periods not exceeding a total of two years provided that the Council is satisfied that the State or entity concerned has been making efforts in good faith to become a party to the Agreement and the Convention;

(b) if this Agreement enters into force after 15 November 1996, such States and entities may request the Council to grant continued membership in the Authority on a provisional basis for a period or periods not extending beyond 16 November 1998. The Council shall grant such membership with effect from the date of the request if it is satisfied that the State or entity has been making efforts in good faith to become a party to the Agreement and the Convention;

(c) States and entities which are members of the Authority on a provisional basis in accordance with subparagraph (a) or (b) shall apply the terms of Part XI and this Agreement in accordance with their national or internal laws, regulations and annual budgetary appropriations and shall have the same rights and obligations as other members, including:

(i) the obligation to contribute to the administrative budget of the Authority in accordance with the scale of assessed contributions;

(ii) the right to sponsor an application for approval of a plan of work for exploration. In the case of entities whose components are natural or juridical persons possessing the nationality of more than one State, a plan of work for exploration shall not be approved unless all the States whose natural or juridical persons comprise those entities are States Parties or members on a provisional basis;

(d) notwithstanding the provisions of paragraph 9, an approved plan of work in the form of a contract for exploration which was sponsored pursuant to subparagraph (c)(ii) by a State which was a member on a provisional basis shall terminate if such membership ceases and the State or entity has not become a State Party;

(e) if such a member has failed to make its assessed contributions or otherwise failed to comply with its obligations in accordance with this paragraph, its membership on a provisional basis shall be terminated.

13. The reference in Annex III, Article 10, of the Convention to performance which has not been satisfactory shall be interpreted to mean that the contractor has failed to comply with the requirements of an approved plan of work in spite of a written warning or warnings from the Authority to the contractor to comply therewith.

14. The Authority shall have its own budget. Until the end of the year following the year during which this Agreement enters into force, the administrative expenses of the Authority shall be met through the budget of the United Nations. Thereafter, the administrative expenses of the Authority shall be met by assessed contributions of its members, including any members on a provisional basis, in accordance with Article 171(a) and Article 173 of the Convention and this Agreement, until the Authority has sufficient funds from other sources to meet those expenses. The Authority shall not exercise the power referred to in Article 174(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, rules, regulations and procedures based on the principles contained in Sections 2, 5, 6, 7 and 8 of this Annex, as well as any additional rules, regulations and procedures necessary to facilitate the approval of plans of work for exploration or exploitation, in accordance with the following subparagraphs:

(a) the Council may undertake such elaboration any time it deems that all or any of such rules, regulations or procedures are required for the conduct of activities in the Area, or when it determines that commercial exploitation is imminent, or at the request of a State whose national intends to apply for approval of a plan of work for exploitation;

(b) if a request is made by a State referred to in subparagraph (a) the Council shall, in accordance with Article 162(2)(o) of the Convention, complete the adoption of such rules, regulations and procedures within two years of the request;

(c) if the Council has not completed the elaboration of the rules, regulations and procedures relating to exploitation within the prescribed time and an application for approval of a plan of work for exploitation is pending, it shall nonetheless consider and provisionally approve such plan of work based on the provisions of the Convention and any rules, regulations and procedures that the Council may have adopted provisionally, or on the basis of the norms contained in the Convention and the terms and principles 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 XI, as contained in the reports and recommendations of the Preparatory Commission, shall be taken into account by the Authority in the adoption of rules, regulations and procedures in accordance with Part XI and this Agreement.

17. The relevant provisions of Part XI, Section 4, of the Convention shall be interpreted and applied in accordance with this Agreement.

SECTION 2 The enterprise

1. The secretariat of the Authority shall perform the functions of the enterprise until it begins to operate independently of the secretariat. The Secretary-General of the Authority shall appoint from within the staff of the Authority an interim Director-General to oversee the performance of these functions by the secretariat.

These functions shall be:

(a) monitoring and review of trends and developments relating to deep sea-bed mining activities, including regular analysis of world metal market conditions and metal prices, trends and prospects;

(b) assessment of the results of the conduct of marine scientific research with respect to activities in the area, with particular emphasis on research related to the environmental impact of activities in the area;

(c) assessment of available data relating to prospecting and exploration, including the criteria for such activities;

(d) assessment of technological developments relevant to activities in the area, in particular technology relating to the protection and preservation of the marine environment;

(e) evaluation of information and data relating to areas reserved for the Authority;

(f) assessment of approaches to joint-venture operations;

(g) collection of information on the availability of trained manpower;

(h) study of managerial policy options for the administration of the enterprise at different stages of its operations.

2. The enterprise shall conduct its initial deep sea-bed mining operations through joint ventures. On the approval of a plan of work for exploitation for an entity other than the enterprise, or on receipt by the Council of an application for a joint-venture operation with the enterprise, the Council shall take up the issue of the functioning of the enterprise independently of the secretariat of the Authority. If joint-venture operations with the enterprise accord with sound commercial principles, the Council shall issue a directive pursuant 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, Article 11(3) of the Convention shall not apply and States Parties shall be under no obligation to finance any 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 of Article 153(3) and Annex III, Article 3(5) of the Convention, a plan of work for the enterprise on its approval 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 first refusal to enter into a joint-venture arrangement with the enterprise for exploration and exploitation of that area. If the enterprise does not submit an application for a plan of work for activities in respect of such a reserved area within 15 years of the commencement of its functions independent of the secretariat of the Authority or within 15 years of the date on which that area is reserved for the Authority, whichever is the later, the contractor which contributed the area shall be entitled to apply for a plan of work for that area provided 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 interpreted and applied in accordance with this section.

SECTION 3 Decision-making

1. The general policies of the Authority shall be established by the Assembly in collaboration with the Council.

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 on questions of procedure shall be taken by a majority of members present and voting, and decisions on questions of substance shall be taken by a two-thirds majority of members present and voting, as provided for 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 administrative, budgetary or financial matter shall be based on the recommendations of the Council. If the Assembly does not accept the recommendation of the Council on any matter, it shall return the matter to the Council for further consideration. The Council shall reconsider the matter in the light of the views expressed by the Assembly.

5. If all efforts to reach a decision by consensus have been exhausted, decisions by voting in the Council on questions of procedure shall be taken by a majority of members present and voting, and decisions on questions of substance, except where the Convention provides for decisions by consensus in the Council, shall be taken by a two-thirds majority of members present and voting, provided that such decisions are not opposed by a majority in any one of the chambers referred to in paragraph 9. In taking decisions the Council shall seek to promote the interests of all the members of the Authority.

6. The Council may defer the taking of a decision in order to facilitate further negotiation whenever it appears 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 the 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 purposes of voting in the Council. The developing States elected under paragraph 15(d) and (e) shall be 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 the criteria for membership in the groups of States in paragraph 15(a) to (d). If a State fulfils the criteria for membership in more than one group, it may only be proposed by one group for election to 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 nominated by that group. Each group shall nominate only as many candidates as the number of seats required to be filled by that group. When the number of potential candidates in each of the groups referred to in paragraph 15(a) to (e) exceeds the number of seats available in each of those respective groups, as a general rule, the principle of rotating shall apply. States members of each of those groups shall determine how this principle shall apply in those groups.

11. (a) The Council shall approve a recommendation by the Legal and Technical Commission for approval of a plan of work unless by a two-thirds majority of its members present and voting, including a majority of members present and voting in each of the chambers of the Council, the Council decides to disapprove a plan of work. If the Council does not take a decision on a recommendation for approval of a plan of work within a prescribed period, the recommendation shall be deemed to have been approved by the Council at the end of that period. The prescribed period shall normally be 60 days unless the Council decides to provide for a longer period. If the Commission recommends the disapproval of a plan of work or does not make a recommendation, the Council may nevertheless approve the plan of work in accordance with its rules of procedures for decision-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 the 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 and voting.

14. Part XI, Section 4, subsections B and C, of the Convention shall be interpreted and applied in accordance with this section.

15. The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:

(a) four members from among those States Parties which, during the last five years for which statistics are available, have either consumed more than 2 % in value terms of total world consumption or have had net imports of more than 2 % in value terms of total world imports of the commodities produced from the categories of minerals to be derived from the area, provided that the four members shall include one State from the East European region having the largest economy in that region in terms of gross domestic product and the State, on the date of entry into force of the Convention, having the largest economy in terms of gross domestic product, if such States wish to be represented in this group;

(b) four members from among the eight States Parties which have made the largest investments in preparation for and in the conduct of activities in the area, either directly or through their nationals;

(c) four members from among States Parties which, on the basis of production in areas under their jurisdication, are major net exporters of the categories of minerals to be derived from the area, including at least two developing States whose exports of such minerals have a substantial bearing on their economies;

(d) six members from among developing States Parties, representing special interests. The special interests to be represented shall include those of States with large populations, States which are land-locked or geographically disadvantaged, island States, States which are major importers of the categories of minerals to be derived from the area, States which are potential producers of such minerals and least developed States;

(e) 18 members elected according to the principle of ensuring an equitable geographical distribution of seats in the Council as a whole, provided that each geographical region shall have at least one member elected under this subparagraph. For this purpose, the geographical regions shall be Africa, Asia, Eastern Europe, 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 Review Conference

The provisions relating to the Review Conference in Article 155(1), (3) and (4) of the Convention shall not apply. Notwithstanding the provisions of Article 314(2) of the Convention, the Assembly, on the recommendation of the Council, may undertake at any time a review of the matters referred to in Article 155(1) of the Convention. Amendments relating to this Agreement and Part XI shall be subject to the procedures contained in Articles 314, 315 and 316 of the Convention, provided that the principles, regime and other terms referred to in Article 155(2) of the Convention shall be maintained and the rights referred to in paragraph 5 of that Article shall not be affected.

SECTION 5 Transfer of technology

1. In addition to the provisions of Article 144 of the Convention, transfer of technology for the purposes of Part XI shall be governed by the following principles:

(a) the enterprise, and developing States wishing to obtain deep sea-bed mining technology, shall seek to obtain such technology on fair reasonable commercial terms and conditions on the open market, or through joint-venture arrangements;

(b) if the enterprise or developing States are unable to obtain deep sea-bed mining technology, the Authority may request all or any of the contractors and their respective sponsoring State or States to cooperate with it in facilitating the acquisition of deep sea-bed mining technology by the enterprise or its joint venture, or by a developing State or States seeking to acquire such technology on fair and reasonable commercial 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 ensure that contractors sponsored by them also cooperate fully with the Authority;

(c) as a general rule, States Parties shall promote international technical and scientific cooperation with regard to activities in the area either between the parties concerned or by developing training, technical assistance and scientific cooperation programmes in marine science and technology and the protection and preservation of the marine environment.

2. The provisions of Annex III, Article 5, of the Convention shall not apply.

SECTION 6 Production policy

1. The production of the Authority shall be based on the following principles:

(a) development of the resources of the area shall take place in accordance with sound commercial principles;

(b) the provisions of the General Agreement on Tariffs and Trade, its relevant codes and successor or superseding agreements shall apply with respect to activities in the area;

(c) in particular, there shall be no subsidisation of activities in the area except as may be permitted under the agreements referred to in subparagraph (b). Subsidisation for the purpose of these principles shall be defined in terms of the agreements referred to in subparagraph (b);

(d) there shall be no discrimination between minerals derived from the area and from other sources. There shall be no preferential access to markets for such minerals or for imports of commodities produced from such minerals, in particular:

(i) by the use of tariff or non-tariff barriers, and

(ii) given by States Parties to such minerals or commodities produced by their State enterprises or by natural or juridical persons which possess their nationality or are controlled by them or their nationals;

(e) the plan of work for exploitation approved by the Authority in respect of each mining area shall indicate an anticipated production schedule which shall include the estimated maximum amounts of minerals that would be produced per year under the plan of work;

(f) the following shall apply to the settlement of disputes concerning the provisions of the agreements referred to in subparagraph (b):

(i) where the States Parties concerned are parties to such agreements, they shall have recourse to the dispute settlement procedures of those agreements;

(ii) where one or more of the State Parties concerned are not parties to such agreements, they shall have recourse to the dispute settlement procedures set out in the Convention;

(g) in circumstances where a determination is made under the agreements referred to in subparagraph (b) that a State Party has engaged in subsidisation which is prohibited or has resulted in adverse effects on the interest of another State Party and appropriate steps have not been taken by the relevant State Party or 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 of the agreements referred to in paragraph 1(b), as well as the relevant free trade and customs union agreements, 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 agreements referred to in paragraph 1(b) shall constitute a violation of the fundamental terms of the contract 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 paragraph 1(b) to (d) or paragraph 3 may initiate dispute settlement procedures in conformity with paragraph 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 inconsistent with the requirements of paragraph 1(b) to (d).

6. The Authority shall develop rules, regulations and procedures which ensure the implementation of the provisions of this Section, including relevant rules, regulations and procedures governing the approval of plans of work.

7. The provisions of Article 151(1) to (7) and (9), Article 162(2)(q), Article 165(2)(n), and Annex III, Article 6(5) and Article 7, of the Convention shall not apply.

SECTION 7 Economic assistance

1. The policy of the Authority of assisting developing countries which suffer serious adverse effects on their export earnings or economies resulting from a reduction in the price of an affected mineral or in the volume of exports of that mineral, to the extent that such reduction is caused by activities in the area, shall be based on the following principles:

(a) the Authority shall establish an economic assistance fund from a portion of the funds of the Authority which exceeds those necessary to cover the administrative expenses of the Authority. The amount set aside for this purpose shall be determined by the Council from time to time, upon the recommendation of the Finance Committee. Only funds from payments received from contractors, including the enterprise, and voluntary contributions shall be used for the establishment of the economic assistance fund;

(b) developing land-based producer States whose economies have been determined to be seriously affected by the production of minerals from the deep seabed shall be assisted from the economic assistance fund of the Authority;

(c) the Authority shall provide assistance from the fund to affected developing land-based producer States, where appropriate, in cooperation with existing global or regional development institutes which have the infrastructure and expertise to carry out such assistance programmes;

(d) the extent and period of such assistance shall be determined on a case-by-case basis. In doing so, due consideration shall be given to the nature and magnitude of the problems encountered by affected developing land-based producer States.

2. Article 151(10) of the Convention shall be implemented by means of measures of economic assistance referred to in paragraph 1. Article 160(2)(1), Article 162(2)(n), Article 164(2)(d), Article 171(f), and Article 173(2)(c) of the Convention shall be interpreted accordingly.

SECTION 8 Financial terms of contracts

1. The following principles shall provide the basis for establishing rules, regulations and procedures for financial terms of contracts:

(a) the system of payments to the Authority shall be fair both to the contractor and to the Authority and shall provide adequate means of determining compliance by the contractor with such system;

(b) the rates of payments under the system shall be within the range of those prevailing in respect of land-based mining of the same or similar minerals in order to avoid giving deep sea-bed miners an artificial competitive advantage or imposing on them a competitive disadvantage;

(c) the system should not be complicated and should not impose major administrative costs on the Authority or on a contractor. Consideration should be given to the adoption of a royalty system or a combination of a royalty and profit-sharing system. If alternative systems are decided on, the contractor has the right to choose the system applicable to its contract. Any subsequent change in choice between alternative systems, however, shall be made by agreement between the Authority and the contractor;

(d) an annual fixed fee shall be payable from the date of commencement of commercial production. This fee may be credited against other payments due under the system adopted in accordance with subparagraph (c). The amount of the fee shall be established by the Council;

(e) the system of payments may be revised periodically in the light of changing circumstances. Any changes shall be applied in a non-discriminatory manner. Such changes may apply to existing contracts only at the election of the contractor. Any subsequent change in choice between alternative systems shall be made by agreement between the Authority and the contractor;

(f) disputes concerning the interpretation or application of the rules and regulations based on these principles 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 applications for approval of a plan of work limited to one phase, either the exploration phase or the exploitation phase, shall be USD 250 000.

SECTION 9 The Finance Committee

1. There is hereby established a Finance Committee. The Committee shall be composed of 15 members with appropriate qualifications relevant to financial matters. States Parties shall nominate candidates of the highest standards of competence and integrity.

2. 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 the need for equitable geographical distribution and the representation of special interests. Each group of States referred to in Section 3(15)(a), (b), (c) and (d) of this Annex shall be represented on the Committee by at least one member. Until the Authority has sufficient funds other than assessed contributions to meet its administrative expenses, the membership of the Committee shall include representatives of the five largest financial contributors to the administrative budget of the Authority. Thereafter, the election of one member from each group shall be on the basis of nomination by the members of the respective group, without prejudice 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 re-election for a further term.

5. In the event of the death, incapacity of resignation of a member of the Finance Committee prior to the expiration of the term of office, the Assembly shall elect for the remainder of the term a member from the same geographical region or group of States.

6. Members of the Finance Committee shall have no financial interest in any activity relating to matters upon which the Committee has the responsibility to make recommendations. They shall not disclose, even after the termination of their functions, any confidential information coming to their knowledge by reason of their duties for the Authority.

7. Decisions by the Assembly and the Council on the following issues shall take into account recommendations of the Finance Committee:

(a) draft financial rules, regulations and procedures of the organs of the Authority and the financial management and internal financial administration of the Authority;

(b) assessment of contributions of members to the administrative budget of the Authority in accordance with Article 160(2)(e) of the Convention;

(c) all relevant financial matters, including the proposed annual budget prepared by the Secretary-General of the Authority in accordance with Article 172 of the Convention and the financial aspects of the implementation of the programmes of work of the secretariat;

(d) the administrative budget;

(e) financial obligations of States Parties arising from the implementation of this Agreement and Part XI as well as the administrative and budgetary implications of proposals and recommendations involving expenditure from the funds of the Authority;

(f) rules, regulations and procedures on the equitable sharing of financial and other economic benefits derived 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 present 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 financial matters shall be deemed to have been fulfilled by the establishment of the Finance Committee in accordance with this section.

ANNEX II

THE EUROPEAN COMMUNITY'S INSTRUMENT OF FORMAL CONFIRMATION

The European Community presents its compliments to the Secretary-General of the United Nations and has the honour of depositing its instrument of formal confirmation of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement adopted by the United Nations General Assembly on 28 July 1994 relating to the implementation of Part XI 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 respect of matters for which competence has been transferred to it by those of its Member States which are parties to the Convention, of the rights and obligations laid down for States in the Convention and the Agreement. The declaration concerning competence provided for in Article 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 objection to any declaration or position excluding or amending the legal scope of the provisions of the United Nations Convention on the Law of the Sea, and in particular those relating to fishing activities. The Community does not consider the Convention to recognise the rights or jurisdiction of coastal States regarding the exploitation, conservation and management of fishery resources other than sedentary species outside their exclusive economic zone.

The Community reserves the right to make subsequent declarations in respect of the Convention and the Agreement and in response to future declarations and positions.

The Community takes this opportunity to reiterate to the Secretary-General of the United Nations the assurance of its highest consideration.

DECLARATION CONCERNING THE COMPETENCE OF THE EUROPEAN COMMUNITY WITH REGARD TO MATTERS GOVERNED BY THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10 DECEMBER 1982 AND THE AGREEMENT OF 28 JULY 1994 RELATING TO THE IMPLEMENTATION OF PART XI OF THE CONVENTION (Declaration made pursuant to Article 5(1) of Annex IX to the Convention and to Article 4(4) of the Agreement)

Article 5(1) of Annex IX of the United Nations Convention on the Law of the Sea provides that the instrument of formal confirmation of an international organisation shall contain a declaration specifying the matters governed by the Convention in respect of which competence has been transferred to the organisation by its Member States which are Parties to the Convention (1).

Article 4(4) of the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (2) provides that formal confirmation by 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 (EEC and Euratom), signed on 18 April 1951 and 25 March 1957 respectively. After being ratified by the Signatory States, the Treaties entered into force on 25 July 1952 and 1 January 1958. They have been amended by the Treaty on European Union, which was signed in Maastricht on 7 February 1992 and entered into force, after being ratified by the Signatory States, on 1 November 1993, and most recently by the Accession Treaty signed in Corfu on 24 June 1994, which entered into force on 1 January 1995 (3).

The current Members of the Communities are the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the 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 implementation of Part XI of the Convention shall apply, with regard to the competences transferred to the European Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 227 thereof.

This declaration is not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Convention and the Agreement by the Member States concerned on behalf of and in the interests of those territories.

In accordance with the provisions referred to above, this declaration indicates the competence that the Member States have transferred to the Community under the Treaties in matters governed by the Convention and the Agreement.

The scope and the exercise of such Community competence are, by their nature, subject to continuous development, and the Community will complete or amend this declaration, if necessary, 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 Member States for certain other matters.

1. Matters for which the Community has exclusive competence

- The Community points out that its Member States have transferred competence to it with regard to the conservation and management of sea fishing resources. Hence in this field it is for the Community to adopt the relevant rules and regulations (which are enforced by the Member States) and, within its competence, to enter into external undertakings with third States or competent international organisation. This competence applies to waters under national fisheries jurisdiction and to the high seas. Nevertheless, in respect of measures relating to the exercise of jurisdiction over vessels, flagging and registration of vessels and the enforcement of penal and administrative sanctions, competence rests with the Member States while respecting Community law. Community law also provides for administrative sanctions,

- by virtue of its commercial and customs policy, the Community has competence in respect of those provisions of Parts X and XI of the Convention and of the Agreement of 28 July 1994 which are related to international trade.

2. Matters for which the Community shares competence with its Member States

- With regard to fisheries, for a certain number of matters that are not directly related to the conservation and management of sea fishing resources, for example research and technological development and development cooperation, there is shared competence,

- with regard to the provisions on maritime transport, safety of shipping and the prevention of marine pollution contained, inter alia, in Parts II, III, V, VII and XII of the Convention, the Community has exclusive competence only to the extent that such provisions of the Convention or legal instruments adopted in implementation thereof affect common rules established by the Community. When Community rules exist but are not affected, in particular in cases of Community provisions establishing only minimum standards, the Member States have competence, without prejudice to the competence of the Community to act in this field. Otherwise competence rests with the Member States.

A list of relevant Community acts appears in the Appendix. The extent of Community competence ensuing from these acts must be assessed by reference to the precise provisions of each measure, and in particular, the extent to which these provisions establish common rules,

- with regard to the provisions of Parts XIII and XIV of the Convention, the Community's competence relates mainly to the promotion of cooperation on research and technological development with non-member countries and international organisations. The activities carried out by the Community here complement the activities of the Member States. Competence in this instance is implemented by the adoption of the programmes listed in the appendix.

3. Possible impact of other Community policies

- Mention should also be made of the Community's policies and activities in the field of control of unfair economic practices, government procurement and industrial competitiveness as well as in the area of development aid. These policies may also have some relevance to the Convention and the Agreement, in particular with regard to certain provisions of Parts VI and XI of the Convention.

(1) When it signed the Convention, the Community made the requisite declaration, in accordance with Article 2 of Annex IX, in which it specified the matters dealt with by the Convention for which competence 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 November 1994.

(3) The Treaty of Paris establishing the European Coal and Steel Community was registered with the Secretariat of the United Nations on 15 March 1957 under No 3729; the Treaties of Rome establishing the European Economic Community and the European Atomic Energy Community (Euratom) were registered on 21 April and 24 April 1958 respectively under Nos 4300 and 4301. The Treaty on European Union was registered on 28 December 1993 under No 30615; the Accession Treaty of 24 June 1994 was published in the Official Journal of the European Communities C 241 of 29 August 1994.

Appendix

COMMUNITY ACTS WHICH REFER TO MATTERS GOVERNED BY THE CONVENTION AND THE AGREEMENT

- In the maritime safety and prevention of marine pollution sectors

Council Decision 92/143/EEC of 25 February 1992 on radionavigation systems for Europe (OJ L 59, 4.3.1992, p. 17)

Council Directive 79/115/EEC of 21 December 1978 concerning pilotage of vessels by deep sea pilots in the North Sea and English Channel (OJ L 33, 8.2.1979, p. 32)

Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (OJ L 247, 5.10.1993, p. 19)

Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (13th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 307, 13.12.1993, p. 1)

Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (Classification Societies Directive) (OJ L 319, 12.12.1994, p. 20)

Council Directive 94/58/EC of 22 November 1994 on the minim level of training of seafarers (OJ L 319, 12.12.1994, p. 28)

Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (OJ L 157, 7.7.1995, p. 1)

Council Directive 96/98/EC of 20 December 1996 on marine equipment (OJ L 46, 17.2.1997, p. 25)

Council Regulation (EEC) No 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community (OJ L 68, 15.3.1991, p. 1) and Commission Regulation (EEC) No 2158/93 of 28 July 1993 concerning the application of amendments to the International Convention for the Safety of Life at Sea, 1974, and to the International Convention for the Prevention of Pollution from Ships, 1973, for the purpose of Council Regulation (EEC) No 613/91 (OJ L 194, 3.8.1993, p. 5)

Council Regulation (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers (OJ L 319, 12.12.1994, p. 1)

Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) (OJ L 320, 30.12.1995, p. 14)

- In the field of protection and preservation of the marine environment Part XII of the Convention

Council Decision 81/971/EEC of 3 December 1981 establishing a Community information system for the control and reduction of pollution caused by hydrocarbons discharged at sea (OJ L 355, 10.12.1981, p. 52)

Council Decision 86/85/EEC of 6 March 1986 establishing a Community information system for the control and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances at sea (OJ L 77, 22.3.1986, p. 33)

Council Directive 75/439/EC of 16 June 1975 on the disposal of waste oils (OJ L 194, 25.7.1975, p. 23)

Council Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194, 25.7.1975, p. 39)

Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (OJ L 31, 5.2.1976, p. 1)

Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (OJ L 129, 18.5.1976, p. 23)

Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (OJ L 54, 25.2.1978, p. 19)

Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (OJ L 281, 10.11.1979, p. 47)

Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates (OJ L 229, 30.8.1980, p. 30)

Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry (OJ L 81, 27.3.1982, p. 29)

Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities (OJ L 230, 5.8.1982, p. 1)

Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry (OJ L 378, 31.12.1982, p. 1)

Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air (OJ L 378, 31.12.1982, p. 15)

Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (OJ L 291, 24.10.1983, p. 1)

Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry (OJ L 74, 17.3.1984, p. 49)

Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants (OJ L 188, 16.7.1984, p. 20)

Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane (OJ L 274, 17.10.1984, p. 11)

Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide (OJ L 87, 27.3.1985, p. 1)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 5.7.1985, p. 40)

Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex of Directive 76/464/EEC (OJ L 181, 4.7.1986, p. 16)

Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 336, 7.12.1988, p. 1)

Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste incineration plants (OJ L 163, 14.6.1989, p. 32)

Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste incineration plants (OJ L 203, 15.7.1989, p. 50)

Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40)

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1)

Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ L 377, 31.12.1991, p. 20)

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7)

Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonising the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry (OJ L 409, 31.12.1992, p. 11)

Council Directive 94/67/EC of 16 December 1994 on the incineration of hazardous waste (OJ L 365, 31.12.1994, p. 34)

Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6.2.1993, p. 1)

- In the marine environment research and scientific and technological cooperation sector

Marine science and technology programme

Environment and climate programme

Cooperation with non-member countries and international organisations: Scientific and technological cooperation with developing countries programme (INCO-DC)

- Conventions to which the Community is a party

Convention for the prevention of marine pollution from land-based sources, Paris, 4 June 1974 (Council Decision 75/437/EEC of 3 March 1975, published in OJ L 194 of 25.7.1975, p. 5)

Protocol amending the Convention for the prevention of marine pollution from land-based sources, Paris, 26 March 1986 (Council Decision 87/57/EEC of 28 December 1986, published in OJ L 24, 27.1.1987, p. 47)

Protocol for the protection of the Mediterranean Sea against pollution from land-based sources, Athens, 17 May 1980 (Council Decision 83/101/EEC of 28 February 1983, published in OJ L 67, 12.3.1983, p. 1)

Convention for the protection of the Mediterranean Sea against pollution and the Protocol for the prevention of the pollution of the Mediterranean Sea by dumping from ships and aircraft, Barcelona, 16 February 1976 (Council Decision 77/585/EEC of 25 July 1977, published in OJ L 240, 19.9.1997, p. 1)

Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency, Barcelona, 16 February 1976 (Council Decision 81/420/EEC of 19 May 1981, published in OJ L 162, 19.6.1981, p. 4)

Convention on long-range transboundary air pollution, Geneva, 13 November 1979 (Council Decision 81/462/EEC of 11 June 1981, published in OJ L 171, 27.6.1981, p. 11)

Protocol of 2 and 3 April 1982 concerning Mediterranean specially protected areas, Geneva, 3 April 1982 (Council Decision 84/132/EEC of 1 March 1984, published in OJ L 68, 10.3.1984, p. 36)

Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances, Bonn, 13 September 1983 (Council Decision 84/358/EEC of 28 June 1984, published in OJ L 188, 16.7.1984, p. 7)

Cooperation Agreement for the protection of the coasts and waters of the north-east Atlantic against pollution, Lisbon, 17 October 1990 (Council Decision 93/550/EEC of 20 October 1993, published in OJ L 267, 28.10.1993, p. 20)

Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, signed in Basel on 22 March 1989 (Council Decision 93/98/EEC of 1 February 1993, published in OJ L 39, 16.12.1993, p. 1)

ANNEX III

MANDATE OF THE WORKING PARTY ON THE LAW OF THE SEA

The Working Party on the Law of the Sea handles the ongoing examination of issues relating to the United Nations Convention on the Law of the Sea, which entered into force on 16 November 1994. Its work paves the way for the European Union Council's discussions and so contributes to the making of Community policies in areas of relevance to the Law of the Sea. In preparation for Council meetings, it provides the Committee of Permanent Representatives (and, where relevant, the Political Committee) with opinions on the compatibility of such policies with international law, and in particular the United Nations Convention on the Law of the Sea, either at the request of that Committee or on its own initiative.

The Working Party's mandate encompasses:

1. the preparation of the Council Decision concluding the United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI thereof;

2. the preparation of the declarations provided for in Article 5(1) and (4) of Annex IX to the United Nations Convention of the Law of the Sea;

3. the preparation of the declarations provided for in Articles 287 and 310 of the United Nations Convention on the Law of the Sea;

4. the preparation, on issues within the Community competence, of draft Community positions within bodies set up under the Convention;

5. the coordination of the activities of the Community and its Member States in the International Sea-bed Authority and its bodies, and consultations with a view to drafting common positions on issues of general interest coming under the common foreign and security policy (CFSP);

6. the drafting of common positions on foreign policy issues of general interest concerning the development of the law of the sea and its repercussions on the foreign policy of the European Union;

7. the examination of the consistency of projects and proposals submitted to the Council with international law concerning the law of the sea, and in particular of the United Nations Convention on the Law of the Sea.

Positions on questions within the Community's competence are adopted by the normal procedure.

Questions falling under the European Union's foreign policy are governed by Title V of the Treaty on European Union.