SEABED COUNCIL DISCUSSES STATUS OF OPERATORS’ CONTRACTS,

ELECTION TO LEGAL AND TECHNICAL COMMISSION

(Received from the International Seabed Authority.)

KINGSTON, 3 July -- The Council of the International Seabed Authority, holding its first meeting of the year in Kingston this morning, elected its President for 2001, began discussing the membership of its Legal and Technical Commission, and took note of a report on the status of contracts signed this year between the Authority and the initial group of pioneer seabed investors.

The Council adopted a 10-item agenda for the session, scheduled to run until 13 July.  The seventh session of the Authority opened yesterday, 2 July.

The new President of the 36-member executive organ of the Authority, nominated by the Czech Republic on behalf of the Eastern European Group and elected by consensus, is Tadeusz Bachleda-Curuś of Poland.  Vice-Minister for the Environment in his country, he served as President of the Authority’s Assembly in 1998.

The Council began discussing the size of its Legal and Technical Commission, and fixed 6 p.m. tomorrow, 4 July, as the deadline for the Authority’s member States to nominate candidates.  Following informal consultations on the matter tomorrow afternoon, the Council has scheduled for Friday, 6 July, an election to full membership of the Commission.

Also this morning, the Council briefly discussed a report by Secretary-General Satya N. Nandan on the signature of the first contracts between the Authority and pioneer seabed investors.  Speakers called the development a milestone in the Authority’s work, which is to regulate mineral exploration and exploitation in the deep oceans in the interests of the international community.

Three Vice-Presidents of the Council -- Indonesia for the Asian Group, Portugal for the Western European and Others Group, and Sudan representing the African Group -- were elected by acclamation.  The Council will meet again at 10 a.m. tomorrow to act on a nomination expected from the Group of Latin American and Caribbean States.

Also tomorrow morning, the Council is to take up the matter of regulations on exploration for polymetallic sulphides and cobalt-rich crusts -- a new area in which it is being asked to extend its rule-making powers. 

In the absence of the new President, who is expected next Monday, 9 July, Hasjim Djalal (Indonesia), a Vice-President, is serving as Acting President.

Legal and Technical Commission Election

The Council Secretary, Michael W. Lodge, told the Council today that 24 nominations had been received so far for seats on the Legal and Technical Commission.  (The Commission originally had 15 members until 1996, when its membership was increased to 22.  It gained another member in 1999 at the request of the Group of Latin American and Caribbean States, which felt that those countries were not adequately represented on the Commission.)

The Russian Federation recalled today a suggestion last year that States Parties should submit their nominees’ names 60 days before the start of this year’s session, and wanted to know which candidates had met that deadline.  However, the Jamaican representative observed that no clear procedure had been established with regard to a deadline for submissions.  This view was echoed by the Secretary-General, who clarified that the 60-day lead-time had been a request by the Council President rather than a deadline.  He suggested that a deadline of tomorrow afternoon be established for receiving nominations, in time for the election on Friday.  This suggestion was upheld, although some delegations, including Argentina and Brazil, felt there should be more time to consider the curricula vitae of candidates.

Much of the discussion on the election of Commission members focused on what most speakers saw as the need to expand the body.

China, speaking for the Asian Group, supported an expansion, arguing that with the newly signed contracts, the Commission’s workload would increase over the next five-year term, so that more expertise would be required in many areas.  Fiji and Papua New Guinea also favoured an increase in order to ensure a broad range of expertise.  Fiji pointed out that, of the Commission’s 23 members, attendance rarely exceeded 15; it also stressed the need for specially qualified individuals.  Papua New Guinea, supported by China, Egypt and Jamaica, reiterated the need to adhere to the stipulation in article 163 of the 1982 United Nations Convention on the Law of the Sea requiring equitable geographical distribution and the representation of special interests.  Several members felt that this issue would require consultations by regional groups before any decision could be taken.

The Legal and Technical Commission, as an organ of the Council, has broad authority to oversee seabed activities.  It makes recommendations to the Council on the work plans of seabed investors, on protection of the marine environment and on the establishment of a pollution-monitoring programme.  It is also empowered to supervise seabed activities, formulate and review regulations and procedures for such activities, and assess environmental implications.

Status of Contracts

The Council discussed and noted a brief report from the Secretary-General on the status of contracts between the Authority and registered seabed entities issued in accordance with the Regulations on Prospecting and Exploration for Polymetallic Nodules in the international seabed area. 

Following the Authority’s approval of the regulations last July, draft contracts were sent in August 2000 to all seven registered pioneer investors.  The first contracts were signed on 29 March with Yuzhmorgeologiya (sponsored by the Russian Federation), the Republic of Korea and the Interoceanmetal Joint

Organization, a body sponsored by Bulgaria, Cuba, the Czech Republic, Poland, the Russian Federation and Slovakia.  The contract with the Chinese enterprise was signed on 22 May, while contracts with Japanese and French operators were signed on 20 June.  The contract with India has not yet been signed, for what Secretary-General Nandan characterized today as bureaucratic reasons.

Mr. Nandan said contingency plans had been received from the Russian Federation and the Interoceanmetal Joint Organization, while Japan had informed the secretariat that no at-sea activities were planned for the first five years of the contract.  The Secretary-General said he planned to respond to the Japanese entity accepting this statement with the proviso that the Authority be immediately informed of any future plans to engage in such activities.  China and France are expected to submit contingency plans in the near future, he added, and the Republic of Korea today announced its intention to submit its plans before the end of this session. 

[Under the regulations, contractors must submit contingency plans setting out what they would do in response to incidents likely to cause serious harm to the marine environment arising out of their activities in the exploration area.]

Jamaica asked whether the contracts would be made available for inspection by the Council and suggested that they might be placed on the Authority’s Web site.  The Russian Federation objected strongly to the publication of contracts on the Web site of the Authority.  This objection was supported by the Republic of Korea; it cited regulation 28 on polymetallic nodule exploration, requiring a report from the Secretary-General on a five-year review of the implementation of a contractor’s plan of work, and regulation 35, which requires that certain information submitted by contractors must be kept confidential.

The Secretary-General responded that Council members could arrange with the secretariat to examine those documents.  With respect to the five-year review, he planned to report to the Legal and Technical Commission, and subsequently to the Council in general terms without revealing confidential information.

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