Section 159p. 159

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

consultations,

within

three

months.

The

Secretary-General shall prepare a list in alphabetical order

of all persons thus nominated and shall submit it to all

the States Parties.

3. Elections of the members of the Commission shall be

held at a meeting of States Parties convened by the

Secretary-General at United Nations Headquarters. At

that meeting, for which two thirds of the States Parties

shall constitute a quorum, the persons elected to the

Commission shall be those nominees who obtain a

two-thirds majority of the votes of the representatives of

States Parties present and voting. Not less than three

members

shall

be

elected

from

each

geographical

region.

4. The members of the Commission shall be elected for a

term of five years. They shall be eligible for re-election.

5. The State Party which submitted the nomination of a

member of the Commission shall defray the expenses of

that

member

while

in

performance

of

Commission

duties. The coastal State concerned shall defray the

expenses incurred in respect of the advice referred to in

article 3, paragraph 1(b), of this Annex. The secretariat of

the

Commission

shall

be

provided

by

the

Secretary-General of the United Nations.

Article 3

1. The functions of the Commission shall be:

(a) to consider the data and other material submitted by

coastal

States

concerning

the

outer

limits

of

the

continental shelf in areas where those limits extend

beyond

200

nautical

miles,

and

to

make

recommendations in accordance with article 76 and the

Statement of Understanding adopted on 29 August 1980

by the Third United Nations Conference on the Law of the

Sea;

(b) to provide scientific and technical advice, if requested

by the coastal State concerned during the preparation of

the data referred to in subparagraph (a).

2.

The

Commission

may

cooperate,

to

the

extent

considered

necessary

and

useful,

with

the

Intergovernmental

Oceanographic

Commission

of

UNESCO, the International Hydrographic Organization

and other competent international organizations with a

view to exchanging scientific and technical information

which

might

be

of

assistance

in

discharging

the

Commission's responsibilities.

Article 4

Where a coastal State intends to establish, in accordance

with article 76, the outer limits of its continental shelf

beyond 200 nautical miles, it shall submit particulars of

such limits to the Commission along with supporting

scientific and technical data as soon as possible but in

any case within 10 years of the entry into force of this

Convention for that State. The coastal State shall at the

same time give the names of any Commission members

who have provided it with scientific and technical advice.

Article 5

Unless

the

Commission

decides

otherwise,

the

Commission shall function by way of sub-commissions

composed of seven members, appointed in a balanced

manner taking into account the specific elements of

each submission by a coastal State. Nationals of the

coastal State making the submission who are members

of the Commission and any Commission member who

has assisted a coastal State by providing scientific and

technical advice with respect to the delineation shall not

be a member of the sub-commission dealing with that

submission but has the right to participate as a member

in the proceedings of the Commission concerning the

said submission. The coastal State which has made a

submission

to

the

Commission

may

send

its

representatives to participate in the relevant proceedings

without the right to vote.

Article 6

1. The sub-commission shall submit its recommendations

to the Commission.

2. Approval by the Commission of the recommendations

of the sub-commission shall be by a majority of two thirds

of Commission members present and voting.

3. The recommendations of the Commission shall be

submitted in writing to the coastal State which made the

submission and to the Secretary-General of the United

Nations.

Article 7

Coastal States shall establish the outer limits of the

continental shelf in conformity with the provisions of

article 76, paragraph 8, and in accordance with the

appropriate national procedures.

Article 8

In the case of disagreement by the coastal State with the

recommendations of the Commission, the coastal State

shall, within a reasonable time, make a revised or new

submission to the Commission.

Article 9

The

actions

of

the

Commission

shall

not prejudice

matters relating to delimitation of boundaries between

States with opposite or adjacent coasts.

ANNEX III. BASIC CONDITIONS OF

PROSPECTING, EXPLORATION AND

EXPLOITATION

Article 1. Title to minerals

Title to minerals shall pass upon recovery in accordance

with this Convention.

Article 2. Prospecting

1. (a) The Authority shall encourage prospecting in the

Area.

(b)

Prospecting

shall

be

conducted

only

after

the

Authority has received a satisfactory written undertaking

that

the

proposed prospector will comply with this

Convention

and

the

relevant

rules,

regulations

and

procedures of the Authority concerning cooperation in

the training programmes referred to in articles 143 and

144 and the protection of the marine environment, and

will accept verification by the Authority of compliance

therewith. The proposed prospector shall, at the same

time, notify the Authority of the approximate area or

areas in which prospecting is to be conducted.

(c) Prospecting may be conducted simultaneously by

more than one prospector in the same area or areas.

2. Prospecting shall not confer on the prospector any

rights

with

respect to resources. A prospector may,

however, recover a reasonable quantity of minerals to be

used for testing.

Article 3. Exploration and exploitation

1. The Enterprise, States Parties, and the other entities

referred to in article 153, paragraph 2(b), may apply to the

Authority for approval of plans of work for activities in the

Area.

2. The Enterprise may apply with respect to any part of

the Area, but applications by others with respect to

reserved areas are subject to the additional requirements

of article 9 of this Annex.

3. Exploration and exploitation shall be carried out only in

areas specified in plans of work referred to in article 153,

paragraph

3,

and

approved

by

the

Authority

in

accordance with this Convention and the relevant rules,

regulations and procedures of the Authority.

4. Every approved plan of work shall:

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