SEABED COUNCIL REACHES CONSENSUS ON OBSERVERS IN COMMISSION MEETINGS; ALL SEVEN PIONEER INVESTORS SUBMIT EXPLORATION PLANS
Press Release
SEA/1558
SEABED COUNCIL REACHES CONSENSUS ON OBSERVERS IN COMMISSION MEETINGS; ALL SEVEN PIONEER INVESTORS SUBMIT EXPLORATION PLANS
19970821 KINGSTON, 20 August -- The Council of the International Seabed Authority decided by consensus this morning on a compromise scheme enabling up to 15 non-members of the Legal and Technical Commission to sit in as observers in meetings of that body. The 22-member Commission, which meets in closed session, is currently considering a draft mining code for deep seabed prospecting and exploration.Also this morning, the Secretary-General of the Authority, Satya N. Nandan, announced that all seven registered "pioneer investors" had submitted to the Authority their respective plans of work for exploration of the deep seabed. They had acted well within the 36-month period since the entry into force of the Convention on the Law of the Sea (November 1994) -- the proscribed deadline for this action. Terming this "a milestone in the life of the Authority", Mr. Nandan added that approval of the plans of work, in the form of contracts between the investors and the Authority, would be a formality.
In regard to attendance at the Legal and Technical Commission, Council President Lennox Ballah (Trinidad and Tobago) said a "fair and reasonable consensus" had been reached on the issue. He outlined the consensus as follows:
"1. The Council noted the preference of the Legal and Technical Commission to meet in private.
"2. The Commission sees the possibility for the presence of a limited number of observers at its meetings relating to discussions on the draft mining code.
"3. The presence of observers should be on a first-come, first-served basis, and normally should not exceed 15.
"4. Seats for observers will be clearly defined.
"5. Observers shall not participate in the deliberations."
The President said it was his understanding that countries that had put forward proposals would be allowed to attend Commission meetings and might be invited to speak. As the number of observer seats was restricted, no more than one member of a delegation should attend. Responding to a question by Malaysia, he said the "first-come, first-served" provision meant that delegates should arrive at the meetings early until the 15 allotted seats were filled.
The consensus was reached during a meeting yesterday afternoon between the Chairmen of the Commission and the Group and observers from both sides, chaired by the President of the Council. It was approved by the Council without objection after a brief discussion.
The Commission Chairman, Jean-Pierre Lenoble (France), addressing the Council, insisted that observers should not interfere with the work of the Commission or disturb the meetings in any way. Reporting on the stage of its work, he said that in considering the draft mining code, it was taking into account submissions and comments made by a number of countries between the March and August meetings of the Authority. He said it would be difficult for the Commission to complete its work in time to submit its recommendations to the Council by the end of this week, as foreseen in the currently approved meetings schedule.
The Chairman of the "Group of 77" developing countries, Milton Rondó Filho of Brazil, welcomed the agreement as "a very good deal".
The United Kingdom sought reassurance that observers would respect the private nature of the Commission's meetings and refrain from discussing its deliberations with persons outside of their delegations -- specifically the media. Other delegations said they looked forward to the opportunity to observe the meetings.
Secretary-General Nandan outlined the procedures to be taken by the Authority with regard to work plans submitted by the seven pioneer investors in accordance with the Agreement, in effect since July 1996, relating to the implementation of Part XI -- seabed provisions -- of the Law of the Sea Convention.
Once each plan of work was certified by the secretariat of the Authority, based on a checklist of requirements drawn up with the investors, it would be issued in the form of a contract between the Authority and the investor, he said. The secretariat would then bring the request for approval of a plan of work before the Legal and Technical Commission. This as a formality, since that body's recommendations were not required. The matter
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would then be presented to Council. The Secretary-General said that, as agreed between the pioneer investors and the Authority, the contract would be issued as soon as a mining code was adopted and a standard form of contract approved.
The seven pioneer investors were registered between 1987 and 1994 by the Preparatory Commission for the International Seabed Authority and the International Tribunal for the Law of the Sea. In order of approval, they are: India; IFREMER/AFERNOD (France); DORD (Japan); Yuzhmorgeologiya (Russian Federation); China Ocean Minerals Research and Development Association (COMRA); Interoceanmetal Joint Organization (IOM) -- consisting of Bulgaria, Cuba, the Czech Republic, Poland, the Russian Federation and Slovakia -- and the Republic of Korea.
Regarding subsequent meetings of the Council, its President said that every effort would be made to allow the Legal and Technical Commission additional time to complete work on a draft mining code by Friday, 22 August. As a result, all remaining meetings of the Council for the current week and some meetings of regional groups had been cancelled.
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