1 DE AGOSTO DE 1997

1340-(239)

principle of rotation shall apply. States members of each of those groups shall determine how this principle shall apply in those groups.

11 — a) The Council shall approve a recommendation by the Legal and Technical Commission for approval of a plan of work unless by a two-thirds majority of its members present and voting, including a majority of members present and voting in each of the chambers of the Council, the Council decides to desapprove a plan of work. If the Council does not take a decision on a recommendation for approval of a plan of work within a prescribed period, the recommendation shall be deemed to have been approved by the Council at the end of that period. The prescribed period shall normally be 60 days unless the Council decides to provide for a longer period. If the Commission recommends the disapproval of a plan of work or does not make a recommendation, the Council may nevertheless approve the plan of work in accordance with its rules of procedure for decision-making on questions of substance.

b) The provisions of article 162, paragraph 2,;'), of the Convention shall not apply.

12 — Where a dispute arises relating to the disapproval of a plan of work, such dispute shall be submitted to the dispute settlement procedures set out in the Convention.

13 — Decisions by voting in the Legal and Technical Commission shall be by a majority of members present and voting.

14 — Part xi, section 4, subsections B and C, of the Convention shall be interpreted and applied in accordance with this section.

15 — The Council shall consist of 36 members of the Authority elected by the Assembly in the following order:

a) Four members from among those States Parties which, during the last five years for which statistics are available, have either consumed more than 2 per cent in value terms of total world consumption or have had net imports of more than 2 per cent in value terms of total world imports of the commodities produced from the categories of minerals to be derived from the Area, provided that the four members shall include one State from the Eastern European region having the largest economy in that region in terms of gross domestic product and the State, on the date of entry into force of the Convention, having the largest economy in terms of gross domestic product, if such States wish to be represented in this group;

b) Four members from among the eight States Parties which have made the largest investments in preparation for and in the conduct of activities in the Area, either directly or through their nationals;

c) Four members from among States Parties which, on the basis of production in areas under their jurisdiction, are major net exporters of the categories of minerals to be derived from the Area, including at least two developing States whose exports of such minerals have a substantial bearing upon their economies;

d) Six members from among developing States Parties, representing special interests. The special interests to be represented shall include those of States with large populations, States which

are land-locked or geographically disadvantaged, island States, States which are major importers of the categories of minerals to be derived from the Area, States which are potential producers of such minerals and least developed States',

e) Eighteen members elected according to the principle of ensuring an equitable geographical distribution of seats in the Council as a whole, provided that each geographical region shall have at least one member elected under this subparagraph. For this purpose, the geographical regions shall be Africa, Asia, Eastern Europe, Latin America and the Caribbean and Western Europe and Others.

16 — The provisions of article 161, paragraph 1, cv the Convention shall not apply.

SECTION 4 Review Conference

The provisions relating to the Review Conference in article 155, paragraphs 1, 3 and 4, of the Convention shall not apply.

Notwithstanding the provisions of article 314, paragraph 2, of. the Convention, the Assembly, on the recommendation of the Council, may undertake at any time a review of the matters referred to in article 155, paragraph 1, of the Convention. Amendments relating to this Agreement and part xi shall be subject to the procedures contained in articles 314, 315 and 316 of the Convention, provided that the principles, regime and other terms referred to in article 155, paragraph 2, of the Convention shall be maintained and the rights referred to in paragraph 5 of that article shall not be affected.

SECTION 5

Transfer of technology

1 — In addition to the provisions of article 144 of the Convention, transfer of technology for the purposes of part xi shall be governed by the following principles:

a) The Enterprise, and developing States wishing to obtain deep sea-bed mining technology, shall seek to obtain such technology on fair and reasonable commercial terms and conditions on the open market, or through joint-venture arrangements;

b) If the Enterprise or developing States are unable to obtain deep sea-bed mining technology, the Authority may request all or any of the contractors and their respective sponsoring State or States to co-operate with it in facilitating the acquisition of deep sea-bed mining technology by the Enterprise or its joint venture, or by a developing State or States seeking to acquire such technology on fair and reasonable commercial terms and conditions, consistent with the effective protection of intellectual property rights. States Parties undertake to co-operate fully and effectively with the Authority for it's purpose and to ensure that contractors sponsored by them also co-operate fully with the Authority;