ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
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COM (84) 4 76 
 
 
 
Vol. 1984/0 193 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the open ing to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom  27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
COM(84) 476 final  
Brussels, 18th September 1984
LAW OF THE SEA - PROCEDURAL MATTERS
(Commission communication to the Council)
COM(84) 476 final

C O M M IS S IO N  C O M M U N IC A T IO N  T O  T H E  C O U N C IL
Subject: Law  of the S ea - procedural matters
1. In its  fin a l report on the results of the third United Nations Conference 
on the Law  of the S e a  (C O M  (82) 669 fin a l) of 13 October 1982, the 
Commission recommended that the Convention be jo in tly  signed by the 
Community and its  M em ber States, since signing would not prejudice their 
fin a l position on ra tific a tio n  of the Convention and that a  policy 
statement be m ade on that occasion.
2. Five M em ber States have signed the Convention (DK, G R , F, IRL, NL), 
while because of the participation clause, the Community has not been 
able to sign.*
3. In a  communication of 20 January (C O M  (83) 2 1  fin a l) and in a  le tte r 
from its  Vice-President, M r Haferkamp, of 18 February 1983 to the Foreign 
Ministers, the Commission reiterated its  position and once again called 
on the non-signatory M em ber States to sign the Convention and so m ake
it  possible for the Community to participate and exercise the 
responsibilities incumbent on it .
4. In its  resolution of 15 December 1982, the European Parliament said 
that it  w as necessary for the .Community as such to be party to the 
Convention; in a  resolution passed on 9 June 1983, it  called "on the 
Commission once more strongly to urge the five M em ber States which have 
not yet signed the act to do so, so that they may, at a ll events, 
participate fu lly  and vote in future preparatory discussions."
Art. 2  of Annex IX to the Convention
" Signature:  A n  international organization m ay sign this Convention i f  
a  majority of its  States m embers are signatories to this Convention.
At the time of signature an international organization shall m ake a  
declaration specifying the matters governed by this Convention in respect 
of which competence has been transferred to the organization by its  
States m em bers which are signatories, as well as the nature and extent 
of such competence.

- 2 -
5. At that time, the non-signatory M em ber States failed to modify their 
position and som e of them even argued that signing could be misconstrued 
and reduce the chances of obtaining improvements in the Convention's 
provisions concerning the exploration and exploitation of the seabed.
They also pointed out that, like the Community, they could participate
as observers at the meetings of the Preparatory Commission as signatories 
to the Final Act.
6. Since then, the Preparatory Commission has held a  number of meetings
and a ll the M em ber States plus the Community have been able to participate 
fu lly  since the question of participation in the voting has not yet 
arisen. This preparatory work has given the impression that the chances 
of improving the rules on the exploitation of the seabed have increased.
7. The deadline for signing the Convention is 9 December this year
(Article 305 of the Convention). After that date, states m ay only "accede" 
to the Convention by m eans of a  ra tific a tio n  procedure, and this can 
be done only when the Convention has entered into force, that is, after 
its ra tific a tio n  by 60 states. There is a  further condition for the 
Community's accession, namely that a  majority of the M em ber States must 
deposit or have deposited the ir instruments of ra tific a tio n  or accession.
8. Since the Convention is being ra tifie d  very slowly (by 1  September 1984, 
the instruments of only 1 5  states had been deposited), the 
Convention, although having som e definite legal impact, is not likely
to enter into force in the near future. It also seem s unlikely that 
the Convention w ill be ra tifie d  shortly by the majority of the Community 
M em ber States.
9. It cannot be excluded, however, that one or more non-signatory M em ber 
States might decide to sign the Convention before 9 December, thus fu lfillin g  
the conditions for the Community's signing. Any such decision could
be taken dire ctly before the deadline on 9 December 1984.
10. For this reason the Commission recommends:
(i) that the preparatory work on the definition of the Community's 
competence should be resumed within the Council bodies;
( ii)  that the draft policy statement to be m ade when the Convention 
is signed should be examined and updated;
(iid )th a t the M em ber States inform each other in good time of any envisaged 
change in their positions, especially if  they plan signing the Convention 
before 9 December 1984, so that the Council can decide, if  need be, 
that the Community should sign the Convention. Such a  decision would 
have to be taken at the latest at the Council meeting scheduled for 
26-27 November.