1 DE AGOSTO DE 1997

1340-(197)

b) Involves drilling into the continental shelf, the use of explosives or the introduction of harmful substances into the marine environment;

c) Involves the construction, operation or use of artificial islands, installations and structures referred to in articles 60 and 80;

d) Contains information communicated pursuant to article 248 regarding the nature and objectives of the project which is inaccurate or if the researching State or competent international organization has outstanding obligations to the coastal State from a prior research project.

6 — Notwithstanding the provisions of paragraph 5, coastal States may not exercise their discretion to withhold consent under subparagraph a) of that paragraph in respect of marine scientific research projects to be undertaken in accordance with the provisions of this part on the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, outside those specific areas which coastal States may at any time publicly designate as areas in which exploitation or detailed exploratory operations focused on those areas are occurring or will occur within a reasonable period of time. Coastal States shall give reasonable notice of the designation of such areas, as well as any modifications thereto, but shall not be obliged to give details of the operations therein.

7 — The provisions of paragraph 6 are without prejudice to the rights of coastal States over the continental shelf as established in article 77.

8 — Marine scientific research activities referred to in this article shall not unjustifiably interfere with activities undertaken by coastal States in the exercise of their sovereign rights and jurisdiction provided for in this Convention.

Article 247

Marine scientific research projects undertaken by or under the auspices of international organizations

A coastal State which is a member of or has a bilateral agreement with an international organization, and in whose exclusive economic zone or on whose continental shelf that organization wants to carry out a marine scientific research project, directly or under its auspices, shall be deemed to have authorized the project to be carried out in conformity with the agreed specifications if that State approved the detailed project when the decision was made by the organization for the undertaking of the project, or is willing to participate in it, and has not expressed any objection within four months of notification of the project by the organization to the coastal Scate.

Article 248 Duty to provide information to the coastal State

States and competent international organizations which intend to undertake marine scientific research in the exclusive economic zone or on the continental shelf of a coastal State shall, not less than six months in advance of the expected starting date of the marine scientific research project, provide that State with a full description of:

a) The nature and objectives of the project;

b) The method and means to be used, including name, tonnage, type and class of vessels and a description of scientific equipment;

c) The precise geographical areas in which the project is to be conducted;

d) The expected date of first appearance and final departure of the research vessels, or deployment of the equipment and its removal, as appropriate;

e) The name of the sponsoring institution, its director, and the person in charge of the project; and

f) The extent to which it is considered that the coastal State should be able to participate or to be represented in the project.

Article 249 Duty to comply with certain conditions

1 — States and competent international organizations when undertaking marine scientific research in the exclusive economic zone or on the continental shelf of a coastal State shall comply with the following conditions:

a) Ensure the right of the coastal State, if it so desires, to participate or be represented in the marine scientific research project, especially on board research vessels and other craft or scientific research installations, when practicable, without payment of any remuneration to the scientists of the coastal State and without obligation to contribute towards the costs of the project;

b) Provide the coastal State, at its requests, with preliminary reports, as soon as practicable, and with the final results and conclusions after the completion of the research;

c) Undertake to provide access for the coastal State, at its request, to all data and samples derived from the marine scientific research project and likewise to furnish it with data which may be copied and samples which may be divided without detriment to their scientific value;

d) If requested, provide the coastal State with an assessment of such data, samples and research results or provide assistance in their assessment or interpretation;

e) Ensure, subject to paragraph 2, that the research results are made internationally available through appropriate national or international channels, as soon as praticable;

f) Inform the coastal State immediately of any major change in the research programme;

g) Unless otherwise agreed, remove the scientific research installations or equipment once the research is completed.

2 — This article is without prejudice to the conditions established by the laws and regulations of the coastal State for the exercise of its discretion to grant or withhold consent pursuant to article 246, paragraph 5, including requiring prior agreement for making internationally available the research results of a project of direct significance for the exploration and exploitation of natural resources.

Article 250

Communications concerning marine scientific research projects

Communications concerning the marine scientific research projects shall be made through appropriate official channels, unless otherwise agreed.