EN Official Journal of the European Communities L 215/10

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,

RECOGNIZING 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 as 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 the 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 depositary 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 upon 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 upon 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 authorized thereto, have signed this Agreement. Done at New York, this ... day of July, one thousand nine hundred and ninety-four.