SEABED COUNCIL AGREES ON THREE RULES FOR LEGAL AND TECHNICAL COMMISSION
Press Release
SEA/1639
SEABED COUNCIL AGREES ON THREE RULES FOR LEGAL AND TECHNICAL COMMISSION
19990823(Received from International Seabed Authority)
KINGSTON, 20 August -- The Council of the International Seabed Authority, meeting in Kingston this afternoon, reached agreement on three issues relating to the rules of procedure of its Legal and Technical Commission which had been the subject of much debate over the past few days.
The Council agreed on the text of rules on closed and open meetings of the Commission, as well as on conflict-of-interest of its members and their adherence to principles of confidentiality.
One further rule, on participation in Commission meetings by member States of the Authority and entities carrying out activities in the international seabed area, remains pending. Proposed amendments are to be circulated in writing before a decision is taken. This matter will be taken up when the Council considers a revised draft of the rules of procedure next Wednesday, 25 August.
At its next meeting, at 10 a.m. on Monday (23 August), the Council will begin its second reading, in informal meetings, of the draft mining code for exploration for polymetallic nodules in the deep seabed.
Rule 6, dealing with private and public meetings of the Commission, was adopted as follows: "The meetings of the Commission shall be held in private unless the Commission decides otherwise. The Commission shall take into account the desirability of holding open meetings when issues of general interest to members of the Authority, which do not involve the discussion of confidential information, are being discussed".
The first sentence was in the original text proposed by the Commission. The second sentence was a New Zealand amendment introduced yesterday morning.
The agreed version of rule 11, now titled "Conflict of interest", incorporates a declaration to be made by each member of the Commission before assuming his or her duties. The rule reads: "1. Members of the Commission shall have no financial interest in any activity relating to exploration or exploitation in the Area.
"2. Before assuming his or her duties, each member of the Commission shall make the following written declaration witnessed by the Secretary-General or his authorized representative:
" 'I solemnly declare that I will perform my duties as a member of the Legal and Technical Commission honourably, faithfully, impartially and conscientiously.
" 'I further solemnly declare and promise that I shall have no financial interest in any activity relating to exploration and exploitation in the Area. Subject to my responsibilities to the Legal and Technical Commission, I shall not disclose, even after the termination of my functions, any industrial secret, proprietary data which are transferred to the Authority in accordance with the Convention and the Agreement, or any other confidential information coming to my knowledge by reason of my duties for the Authority.
" 'I shall disclose to the Secretary-General and to the Commission any personal interest in any matter under discussion before the Commission, which might constitute a conflict of interest or which might be incompatible with the requirements of integrity and impartiality expected of a member of the Commission' ".
Mexico felt that the phrase "personal interest" was too limiting and wanted candidates for the Commission to disclose "any interest" that might affect their impartiality. Others, however, thought "any interest" was too broad and could include intellectual or scientific interest which they would reasonably have as experts. The new draft of the rule was agreed without further change.
No objections were raised to rule 12 on confidentiality, which incorporates a modified version of an earlier amendment by the United States. The paragraphs added to the article read:
"The Commission shall recommend to the Council, for approval, procedures on the handling of confidential data and information coming to the knowledge of members of the Commission by reason of their duties for the Commission. Such procedures shall be based upon the relevant provisions of the Convention, the rules, regulations and procedures of the Authority and the procedures established by the Secretary-General pursuant thereto, in order to carry out his responsibility to maintain the confidentiality of such data and information".
"The duty of the members of the Commission not to disclose confidential information constitutes an obligation in respect of that member and shall remain an obligation after the expiration or termination of that member's functions for the Commission".
The Council agreed to add a new rule 12 bis, entitled "Enforcement of rules relating to conflict of interest and confidentiality". It reads:
"1. The Secretary-General shall provide the Commission and the Council with all necessary assistance in enforcing the rules on conflict of interest and confidentiality".
2. In the event of an alleged breach of the obligations relating to conflict of interest and confidentiality by a member of the Commission, the Council may institute appropriate proceedings and shall make known its findings and recommendations".
The right of coastal States to participate in meetings of the Commission was highlighted during the Council's debate on rule 48 (participation by members of the Authority and entities carrying out activities in the Area), contained in chapter VIII on participation of non-members of the Commission.
Mexico proposed revising the first sentence of rule 48, to read: "The Legal and Technical Commission shall authorize any member State to send a representative to attend a meeting of the Commission when a matter particularly affecting such member is under consideration". Mexico said that, with its amendment, the Commission would be obligated to allow member States to participate in meetings. The Russian Federation remarked that coastal States that considered certain activities harmful to their environment should be entitled not only to make a request but also to participate in meetings of the Commission. Fiji was among delegations opposing the Mexican amendment on the ground that it narrowed the focus of the rule.
Suggesting a compromise wording, Secretary-General Satya N. Nandan drew on rule 37 of the United Nations Security Council's rules of procedure on allowing non-members to participate. Accordingly, he suggested the sentence: "Any member of the Authority may, with the permission of the Commission, send a representative to attend a meeting of the Commission when a matter particularly affecting such member is under consideration". Austria, France, Nigeria and the Republic of Korea endorsed the Secretary-General's explanation. Chile reserved its opinion until it reviewed the text of the relevant Security Council rule.
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