LAW OF THE SEA COUNTRY STUDY POLAND
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP79-01054A000300110001-6
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
80
Document Creation Date:
December 9, 2016
Document Release Date:
March 26, 2001
Sequence Number:
1
Case Number:
Publication Date:
April 14, 1976
Content Type:
MEMO
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Body:
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CENTRAL INTELLIGENCE AGENCY
WASHINGTON,D.C. 20505
14 April 1976
MEMORANDUM
SUBJECT: Law of the Sea Country studies
1. The attached two LOS country studies are the last in a
series done in support of the NSC Interagency Task Force on the
Law of the Sea. Below is a complete listing of the studies and
supplements that have been prepared since March 1974:
Algeria Kenya
Argentina Korea (North)
Australia Korea (South)
Austria Malaysia
Bolivia Morocco
Brazil New Zealand
Burma Nigeria
Canada Norway
Chile Panama
China (PRC) and Supp. Peru
Denmark Philippines
Ecuador Poland
Egypt Romania
Fiji Singapore
Finland Spain
Germany (West) and Supp. Sri Lanka
Ghana Sweden
Greece Thailand
India and Supp. Tunisia
Indonesia Turkey
Iran USSR
Iraq Venezuela
Italy Vietnam (South)
Japan and Supp. Yugoslavia
2. Additional copies may be obtained by calling
on 351-3508.
ulreccur
Geographic and Cartographic R'dr
Apprpyeslii " lease zuu11uJ1 m yl* yPdX-Q~ , ?~1 r~~ a ~
schedule of E.Q. 11& 2, escc ption category: '>>6-,qt~
'FI FAR (I 1 -% - (S "D. or (4 (circle one or more)
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CENTRAL INTELLIGENCE AGENCY
WAS H I NGTON, D.C. 20505
14 April 1976
MEMORANDUM
SUBJECT: Law of the Sea Country Studies
1. The attached two LOS country studies are the last in a
series done in support of the NSC Interagency Task Force on the
Law of the Sea. Below is a complete listing of the studies and
supplements that have been prepared since March 1974:
--Algeria
-Argentina
-- Austral i a
Austria
-Bolivia
..Brazi 1
...-Burma
,.Canada
,.-Ch i l e
-China (PRC)
Denmark
-Ecuador
and Supp.
Ot '~ r
,--Egypt
Fi j i
Fi nl and
-Germany (West) and
- Ghana
,Greece
,_ India and Supp.
---Indonesia
-Iran
Iraq
'Italy
Japan and Supp.
Kenya
-Korea (North)
Korea (South)
-Malaysia
Morocco
-New Zealand
-Nigeria
- Norway
Panama
-~ Peru
-Philippines
Poland
,Romania
-Singapore
..-Spain
Supp. .,.Sri Lanka
-Sweden
-Thailand
-.Tunisia
-Turkey
,USSR P~C
7
,-Venezuel a
,Vietnam (South) 25X1A
-- Yugoslavia
2. Additional copies may be obtained by calling
351-3508.
ui rector
Geographic and Cartographic
111OU.rn0y e.
Attachment : Classified by 019641 2
ApprviART elease 2001
/OVO2mpgliiAgPZ g;g?4 D&VMfl n . 1 tea`
schedule of E.O. 116-2, exemption categoryi T76
WNT -1g'1~D
rrR il L_ tom. n3, or (4) (circle one or more)
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Secret
No Foreign Dissent
Law of the Sea Country Study
Poland
Secret
GCR LOS 75-12
June 1975
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by 019641
Exempt from General Declassification Schedule
of E.O. 11652, exemption category!
?55(1), (2), and (3)
Automatically, declassified on:
date impossible to determine
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SECRET
No Foreign Dissent
The Law of the Sea Country Studies are prepared to support
the NSC Interagency Task Force on the Law of the Sea. The
countries to be included in the series are selected on the
basis of priorities suggested by the chairman of the Task
Force.
Each study has two parts. Part I is an analysis of the
primary geographic, economic, and political factors that
might influence the country's law of the sea policy, the
public and private expressions of that policy, and a brief
Part II provides
and Cartographic Research.
The study was coordinated
within the Directorate of Intelligence and with the Depart-
ment of State. Comments and questions may be directed to the
LOS Country Studies Working Group, Code 143, Extension 2257.
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No Foreign Dissem
Part I - Law of the Sea Analysis
Summary ... ...... .......................................... 1
Factors Influencing LOS Policy .............................. 2
Law of the Sea Policy ...... ....... . ... ................. 6
Key Policy Makers, LOS Negotiators and Advisers ............. 14
Part II - Background Information
Basic Data .. .... .... ....... ...... ..................... 24
Membership in Organizations Related to LOS Interests ........ 25
Conventions . ........................................... 25
Present Ocean Claims ? ..... ........................... 28
Action on Significant UN Resolutions ........................ 29
UN LOS draft articles submitted by Poland
Maps: Regional map
Theoretical Division of the World Seabed
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No Foreign Dissent
POLAND
Part I -- Law'of the Sea Analysis
A. SUMMARY (U)
Poland has labored in all of the
Law of the Sea (LOS) conferences to
uphold its interests as a seafaring
nation. Subsequent to offering a
1971 proposal concerning the creation
of an international organization to
govern the exploration and exploita-
tion of the deep seabeds, it has
cosponsored draft proposals concerning
the territorial sea, the contiguous
zone, archipelagos, straits used for
international navigation, the economic
nd marine
i
on, a
zone, marine pollut
scientific research. In doing so it has taken explicit
positions on the most significant of the LOS issues.
Poland advocates a 12-mile* maximum breadth for the
territorial sea; the right of the coastal state to create a
contiguous zone, provided it does not extend more than 12 miles
from the baselines used to delineate the territorial sea;
freedom of navigation for all ships through straits, regardless
of their width, that have been traditionally used for international
navigation and connect one part of the high seas with another;
nonsuspendible innocent passage through straits connecting the
high seas and the territorial seas of one or more nations; and
freedom of passage through archipelagic straits, when used for
international navigation between parts of the high seas.
Poland has repeatedly declared support of an international
organization empowered with authority to monitor and direct the
exploitation of deep seabed resources -- "the common heritage
of mankind." It supports equal access to the international
tion and exploitation, and the
l
ora
area for the purposes of exp
opportunity for all nations to share in the benefits to be derived
from seabed mining. Poland opposes exploitation of deep seabed
minerals solely by the international organization, thus taking
-;-Di-stances and areas throughout this study are in nautical miles
unless specified otherwise.
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a stance that places it in opposition to that taken by most of
the developing countries. Disputes evolving out of the develop-
ment of the seabeds, Polish authorities claim, can be settled
through existing UN machinery or through a proposed Arbitrational
Tribunal.
While endorsing draft articles proposing the creation of
economic zones that "shall not extend beyond the limit of 200
miles," Poland has frequently expressed concern over states taking
such action unilaterally. Its endorsement of the concept is
conditioned, however, by the demand that other basic law of the
sea questions be simultaneously solved. At Geneva Poland
cosponsored draft articles calling for coastal state consent for
research in the territorial sea and for research related to the
resources of the economic zone and the continental shelf. Poland
also cosponsored draft articles on marine pollution at this
session, calling for the establishment of international standards
for vessel-source pollution within and beyond the territorial sea,
with enforcement to be implemented primarily by flag states.
B. FACTORS INFLUENCING LOS POLICY
Special Geographic Features (U)
Relatively small and shelf-locked, Poland is strategically-
situated on the Baltic Sea, over which it shares a degree of
control with the USSR, Finland, Sweden, Denmark, and East and
West Germany; its continental shelf abuts against the continental
shelves of Denmark and Sweden less than 100 miles from shore.
Distributed along the Polish coast, some 260 miles in length,
are ports from which Poland's fleets venture into the world
ocean -- via the constricted Danish Straits. Maintaining an
uninterrupted flow of maritime traffic through this vital lifeline,
parts of which are less than 6 miles wide, is far more important
to Poland than is the exploitation of the living resources of the
Baltic, a body that has been seriously fouled by industrial
waste, sewage, oil, and toxic substances. While the Poles have
earnestly sought to contain or to limit such causes of pollution,
the major thrust of their LOS effort -- reflecting national
economic and geographic positions -- has been directed toward
the creation of favorable straits regimes and the retention of
fishing rights in the major fishing areas of the world.
Uses of the Sea
Mineral Resources -- Although recognizing the potential of
the seabed as a source of mineral fuels and raw materials, and
while appreciating the complexity of exploitation technology,
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Poland has not made any sustained effort to perfect the techniques
of seabed production. It is of interest to note, nevertheless,
that on 28 June 1974, the Polish press announced the start of
mining operations to obtain unidentified resources from the floor
of the Baltic Sea. This report stated that "one million tons of
minerals each year" would be extracted from a mine "operating
on the Koszalin coast, near the Slupsk Shoal." Thus Poland would
appear to be aware of the advances being made elsewhere to
perfect the means of extracting and processing seabed minerals
commercially. (U)
Living Resources -- Poland is expanding its high seas fishing
fleet, already the largest in Eastern Europe. As of mid-April 1975,
this fleet included 274 vessels, of which almost 80 percent were
actively engaged in fishing. Most of the ships are modern,
two-thirds being less than 10 years of age, and many are among the
best equipped in the world. Included in this inventory are a
number of large factory trawlers -- ships equipped to process the
catch as it is boarded. (C)
Polish fishermen have traditionally fished in the Baltic Sea,
but in the period since 1960, they have extended their areas of
operation to the North and Norwegian Seas, the northwestern Atlantic,
the waters off the west coasts of Africa and North America, and the
beds along both coasts of the southernmost third of South America.
The marine catch in 1974 is estimated at more than 600 thousand
metric tons, thus exceeding the planned 1975 Five-Year goal. As
of 1973 more than 70 percent of the total salt water catch was
being taken in non-Baltic waters. Cod and herring normally make
up some 40-50 percent of the catch, the remainder being comprised
primarily of perch, sprat, flounder, and mackerel. (C)
As much of Poland's high-seas fishing is carried out within
200 miles of the coasts of other countries, it is possible that
Polish fishing in the future could be considerably curtailed --
given inclusion of a 200-mile economic zone in the forthcoming LOS
treaty. In an attempt to cope with this eventuality, Poland is
feverishly negotiating and renegotiating its fishing agreements --
with nations large and small. Of particular interest are efforts
to develop cooperative agreements, some of which authorize the
creation of joint fishing ventures -- particularly, although not
exclusively, with developing nations. Polish fishing operations
outside the Baltic Sea are also influenced by the adherence of
that nation to the International Commission for Southeast Atlantic
Fisheries, the Northeast Atlantic Fisheries Commission, and the
International Commission for Northwest Atlantic Fisheries. In
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view of the investment already made in the distant-water fishing
fleet, it would seem likely that Poland will continue to strive
for accommodation in order to guarantee access to the major fishing
banks of the world. (C)
Although the Baltic Sea is becoming less significant as
a source of fish for Poland, the Poles have nevertheless exerted an
effort to increase the sea's carrying capacity and potential by
promoting the Gdansk and Helsinki Conventions concerning fisheries,
other live resources, and the environment. (U)
Naval and Maritime _Activity -- Poland ranks high in East
Europe as a maritime nation. In its inventory are 272 military
and 283 merchant vessels of various types, operating primarily
out of the ports of Szczecin (Stettin), Swinoujscie, Gdynia,
and Gdansk. In recent years sightings of Polish merchant and
fishing vessels have been commonplace throughout the world.
Further enhancing the nation's maritime position is a strong and
vigorous shipbuilding industry -- which had as its goal in the
1971-75 planning period the production of 3,400,000 deadweight
tons of new ships. (S)
Poland's largest port is Szczecin, situated on the Oder about
37 miles upstream from the river mouth. As the principal outlet of
the Upper Silesian industrial region, it handles large quantities
of fuel and ore. Serving Szczecin as an outport is Swinoujscie,
which provides an operating base for naval and fishing vessels.
Gdynia and Gdansk are well equipped and modern ports serving
eastern Poland. Gdynia is the site of the Headquarters of the
Polish Navy and the principal operating base of that service.
Commercially it is si nificant for handling ores, fuels, and
grain, as is Gdansk. (C)
Scientific Research -- Marine sciences in Poland are not at
the top of the research effort. In fact, it has been said that
oceanography "appears to be the research arm of the maritime
economy rather than a scientific discipline in itself." Never-
theless Polish oceanographers do commendable work in efforts that
are directed toward coastal environmental forecasting and marine
biological investigations, in which they have been making steady
progress. Organizations reported to be carrying out oceanographic
research include the Marine Fisheries Institute, subordinated to
the Ministry of Transportation, and the Research Center for
Oceanography, under the State Institute of Hydrology and
Meteorology, both at Gdynia. Operating at Gdansk are the
Institute of Hydroengineering and the Maritime Institute. The
Marine Station at Sopot is also engaged in research. (S)
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Poland works closely with the USSR and the other countries
of East Europe in its research efforts. In 1974, for example,
a group of Polish biologists participated in the 17th research
voyage of the Akademik Kurtshatov, organized by the Institute
of Oceanology of the USSR Academy of Sciences. During this
cruise experimental research was completed along the Equator
between the Galapagos Islands and Polynesia and in the coastal
area of the Peruvian shelf off Lima. During the same year Polish
scientists boarded Soviet ships to participate in the Global
Atmospheric Research Program in the Atlantic Ocean. (U)
Polish scientists are involved in international scientific
activities and Poland is a member of a number of international
scientific organizations. Those of particular note in the LOS
context include the International Union of Geodesy and Geophysics
(IUGG), the International Council for the Exploration of the Sea
(ICES), the Intergovernmental Oceanographic Commission (IOC),
the Conference of Baltic Oceanographers, and the Conference on
Coastal Engineering. (U)
Political and Other Factors
In the wake of three decades of political, social, and
economic cooperation with the USSR and with other East European
states under Soviet influence, it is not surprising that Soviet
and Polish LOS policies display a remarkably high degree of
coincidence. This undoubtedly reflects the fact that Polish-
Soviet relations "rest on ideological accord, economic ties,
membership in the Warsaw Pact, and common interest in formalizing
the postwar territorial status quo in Central Europe." At any
rate, the proclaimed LOS positions of the two states -- in the
Baltic Sea and in the world ocean as a whole -- are practically
identical. (C)
Poland, along with East Germany and the USSR, has promoted
the creation of a "sea of peace" in the Baltic; this would, if
effected, certainly restrict use of the sea by nonlittoral
states, and it could result in a closed sea. Poland takes the
position that only Baltic countries should have exploration and
exploitation rights in that body of water. This stand was well
established in the so-called "Moscow Declaration" of 23 October
1968, in which it was claimed that the seabed and the subsoil
of the Baltic form a continuous continental shelf, which should
be divided among littoral states on the basis of bilateral and
multilateral agreements. None of the non-Communist Baltic
states have agreed; in fact, they have insisted that the Baltic
Sea is "open" and that the warships of all nations have a full
right to equal access. (C)
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In October 1973 Poland submitted a proposal to Committee I
of the UN General Assembly under the title: Convention on
Fishing and Conservation of the Living Resources in the Baltic
Sea and the Belts. This proposal, sometimes called the Gdansk
Convention, sought to restrict the use of the Baltic Sea while
simultaneously proposing the creation of a mechanism to keep the
living marine resources under review; to coordinate scientific
research in the area; and to prepare and submit recommendations
for the consideration of the contracting states. The exclusive-
ness of the proposal is indicated by paragraph 2 of Article XVII,
which states: "This Convention shall be open for accession to
any State interested in the preservation and rational exploitation
of living resources in the Baltic Sea and the Belts, provided that
this State is invited by the Contracting States." It should be
noted that all of the contracting states are Baltic powers. (U)
Poland's position relative to LOS matters in other waters
aligns it with that group of states whose maritime interests are
fairly well developed. While sympathizing with the aspirations
of developing states in the Third World -- even to the creation
of broad economic zones -- it does so conditionally, the main
reservations being the preservation of freedom of navigation
in the zone beyond the territorial sea and the assurance of
access to the fisheries in the economic zone by vessels of
foreign fleets. (U)
C. LAW OF THE SEA POLICY
Territorial Sea and the Contiguous Zone (U)
Although claiming only a 3-mile territorial sea and a 6-mile
customs-security zone,* Poland favors the 12-mile territorial sea
as an admissable maximum for all coastal states. Its stance on
this issue was formalized at Caracas on 29 July 1974, when it
joined with a number of other socialist states in submitting
draft articles on the territorial sea (see Annex) and on the
contiguous zone (see Annex). These actions affirmed Poland's
conviction that every coastal state has the right to determine the
breadth of its territorial sea, up to a maximum of 12 miles.
Furthermore, endorsement of the draft articles aligned Poland with
states claiming that coastal state sovereignty in the territorial
sea extends to the resources, to the air space above, and to the
seabed and subsoil below.
* In the Gulf of Danzig (Gulf of Gdansk) the territorial sea and
customs-security zone is measured from a straight baseline that
extends westward from the coastline at the USSR-Poland border to
the tip of Hel Peninsula (Polish Decree No. 9, 1956).
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Poland believes that ships of all states should enjoy the
right of innocent passage through the territorial sea. Passage
is considered innocent "so long as it is not predjudicial to the
peace, good order or security of the coastal State" and so long
as foreign vessels -- merchant, noncommercial governmental, or
military --'do not engage in any of a number of proscribed
activities. The July 1974 draft articles require submarines to
navigate on the surface of the territorial sea and show their
flag; nuclear-powered vessels, or ships carrying nuclear sub-
stances, are to "observe special precautionary measures and carry
papers established for such ships by international agreement,"
according to the proposal.
Integral to the draft articles are stipulations permitting
the coastal state to take necessary steps to prevent noninnocent
passage in the territorial sea and to adopt such laws and regula-
tions as may be necessary to effect -innocent passage in the same.
The coastal state is thereby empowered to enact legislation to
control navigation, the exploitation of resources, and scientific
exploration; to prevent the destruction of fixed installations
and facilities; to preserve the environment and prevent the
pollution of coastal waters; and to prevent the infringement of
the state's customs, fiscal, immigration, sanitary, and phyto-
sanitary regulations.
The governments of Poland and the USSR delimited the boundary
between their respective territorial seas in the Gulf of Danzig
in an agreement signed on 18 March 1958 and ratified on 29 July
1958, at which time it entered into force.
Straits (U)
Poland deems the establishment of a favorable straits regime
to be critically essential to its national interest. As
cosponsor of the 17 July 1974 draft articles on straits used
for international navigation (see Annex), it has proclaimed
support of policies that distinguish between straits that are
"used for international navigation between one part of the high
seas and another part of the high seas" and straits that are
used for international navigation "from the high seas to the
territorial sea of one or more foreign States." In the first
instance Poland demands "freedom of navigation" for all ships
and "freedom of overflight" for all foreign aircraft in transit
through or over such straits. In the second instance Poland
accepts the principle of "innocent passage" for all ships,
provided guarantees are forthcoming that this right "shall not
be suspended." Thus far Poland has not publicly addressed the
issue of subsurface passage. It is highly probable, however,
that on this score, it will follow the lead of the USSR.
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The Polish stand on freedom of navigation through straits
connecting parts of the high seas reflects its location on a
sea from which the only egress is via waters controlled by other
national powers, namely Denmark and Sweden. Dependence on the
Danish Straits to reach the trade routes of the world oceans
has therefore prompted Poland to demand freedom of passage
through these and all other such straits, regardless of their
width. In this regard it should be noted that Poland is
particularly opposed to Danish proposals that would exclude
from a freedom of transit regime straits that are less than
6 miles wide. Poland has also viewed apprehensively plans by
the Danes to construct bridges and tunnels in the critical
Danish Straits area.
Poland's insistence on unimpeded transit through all straits
that connect one part of the high seas with another part of the
high seas evolves out of conviction that any other course could
lead to disagreement. If the decision to grant or refuse passage
were to be based on a still not well defined notion of innocent
passage, the Poles assert, "it might lead to discrimination against
some States and the limitation of the right of navigation for
subjective reasons due to existing alliances, political ties,
and [the] particular interests of coastal States."
Archipelagos (U)
Archipelagic states, as defined in draft articles cosponsored
by Poland at Caracas on 12 August 1974, consist wholly of one or
more archipelagos which form a geographical, historical, political,
and economic entity (see Annex). States thus formed, the Poles
declare, should be entitled to exercise sovereignty over archipelagic
waters,* the airspace over them, the surface and subsoil beneath
them, and to all of the associated resources. They proclaim that
all ships should enjoy freedom of passage through archipelagic
straits, approaches to the same, and in the waters along which lie
the shortest routes between parts of the high seas. Foreign vessels
would be required to comply with the relevant laws and regulations
established by the archipelagic state under the provisions of
Article 5 of the August 1974 draft articles. This article calls
on foreign ships to pay particular attention to the security,
territorial integrity, and political independence of the archipelagic
state, which is, in turn, not to interrupt, suspend, or impede
* in the draft articles cosponsored by Poland, archipelagic waters
are defined as those waters enclosed by straight baselines connecting
the outermost points of the outermost islands and drying reefs of
the archipelago.
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transit. Warships would be subject to special regulations, under
which they would be caused to refrain from participation in any
exercises or gunfire, use any form of weapon, launch or take on
aircraft, carry out hydrographic surveys, or engage in any similar
activity unrelated to passage. In the event of damage, unforeseen
stoppage, or of any action made necessary by force majeure, ships
would be required to notify the archipelagic state.
Coastal Jurisdiction Beyond the Territorial Sea (U)
Poland, along with Byelorussian SS R, Bulgaria, East Germany,
Ukrainian SSR, and the Soviet Union, submitted a set of draft
articles on the economic zone to the LOS Conference at Caracas
on 5 August 1974 (see Annex). The proposal was offered "on
condition that mutually acceptable decisions are also accepted...
on the other basic questions of the law of the sea (12-mile
breadth of territorial waters, freedom of passage through inter-
national straits, freedom of navigation, freedom of scientific
research, determination of the outer limits of the continental
shelf, the seabed regime and the prevention of the pollution of
the sea environment)."
Section I of these articles addresses the rights and
obligations of the coastal state and other states in the economic
zone, which is not to extend "beyond the limit of 200 nautical miles,
calculated from the baselines used to measure the breadth of the
territorial waters." Within this zone the coastal state is to
enjoy sovereign rights over all living and mineral resources,
while honoring the rights of other states -- including the right
to freedom of navigation, freedom of overflight, freedom to lay
submarine cables and pipelines, and freedom to carry out
scientific research unrelated to the exploration and exploitation
of the living and mineral resources in the zone. Convention
states are admonished not to hinder coastal states from exercising
their rights or fulfilling their obligations in he economic zone,
and all states are called upon to "insure that all activities...
are carried out solely for peaceful purposes."
The USSR-Poland continental shelf boundary agreement was
signed on 29 August 1969 and ratified by Poland on 29 December
1969 and by the USSR on 13 May 1970, at which time it came into
force.
Fisheries (U)
Section II of the 5 August 1974 draft articles on the
economic zone is comprised of proposals dealing with fisheries.
It assigns responsibility to the coastal state for the "rational
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exploitation and the maximum use and preservation of such
resources..." and calls on the coastal state to exercise its
fishing rights in the economic.zone in accordance with the
recommendations of an international fisheries organization
consisting of interested states in the region and other states
engaged in fishing in the area.
In addition to determining the catch to be taken by other
states, the coastal, state is to develop regulatory measures and
to devise programs that will conserve and renew the resources.
These measures "may not discriminate...against the fishermen of
any other State," who are to enjoy an order of priority that
sequentially recognizes:
-- states that have been instrumental in
proving or developing the grounds or
have been historically involved in
local fishing activity;
-- developing countries, landlocked
countries, countries with narrow
access to the sea or with narrow
continental shelves, and countries
with very limited living resources; and
The draft articles also stipulate that a coastal state in
whose waters anadromous species spawn (i.e., a host state) would
have sovereign rights over such fish in the economic zone and
preferential rights to them outside the zone throughout their
migratory range. Fishing for these species is to be authorized
by agreements in which the host state and other states establish
regulatory and other conditions to govern such activity. States
"participating jointly with the coastal States in measures to
renew the species of fish.. .and. . .States which have traditionally
fished for anadromous species in the region concerned" would have
priority.
Finally, in an attempt to accommodate fishing fleets that have
habitually fished in waters encompassed by the new economic zones,
the draft articles propose that these fleets continue to fish
within the zone during a transition period of "not less than three
years after the entry into force of the convention." In fact,
the Polish delegation at Caracas made it quite clear that their
support of the concept of the economic zone would largely depend
on policies developed to dispose of stocks that the coastal
state either does not fish for or does not harvest to the full
allowable catch.
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Deep Seabed (U)
Poland proclaims the resources of the seabed and the ocean
floor beyond the limits of the continental shelf to be the "common
heritage of mankind." Rational exploitation of this heritage and
equitable sharing of the benefits derived therefrom, it declares,
can be best achieved through the creation of an international
authority. To this end Poland submitted a working paper on
28 July 1971 (see Annex). The organization proposed in this
working paper was to be founded on the principle of universality,
for exclusion of any nations "would endanger orderly exploration
and exploitation of mineral resources in the international area,
since these States would not be bound by the provisions of the
treaty...or by the decisions and other acts of the organization."
The proposed apparatus was to comprise an Assembly composed of
all member states, a Council composed of 25 states, and a
Secretariat. Subsidiary organs of the Council -- to include
Technical, Economic, Registration, and Licensing Boards -- were
envisioned after the completion of the transitional period.
Polish spokesmen at Caracas stated that the organization should
have powers broad enough for it to regulate and control the explora-
tion and exploitation of the resources of the area, secure for
all states equal access to the area and its resources, and ensure
an equitable sharing among all states of the benefits derived
from the exploitation of resources, with particular consideration
for the interests and needs of developing countries. They said
that the organization should have the right "to impose and
collect various fees, royalties, and taxes..." and "...to deal
not only with the exploration and exploitation of the resources
but also with the economic implications of the production of
minerals, the promotion of cooperation in scientific research
to strengthen the research capacity of the developing countries,
the transfer of marine technology, and the prevention of pollution
of the marine environment."
Poland believes that the international area should be open to
development by all states and by such entities as these states
may designate. It is opposed to the concept of exploitation by
the international authority alone, this being, in its view, not
consistent with the intent of the Declaration of Principles
adopted by the General Assembly in 1970, a document that declares
the right of states to have direct access to the area and to
directly exploit its resources. It is also of the opinion that
limitation of exploitation to the international organization
alone might delay development and lead to the misuse of the
system and the dictation of terms by those "big international
monopolies" with which it might have.to deal.
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In the working paper Poland suggested the possible creation
of a special Arbitration Tribunal to settle certain unspecified
kinds of disputes between states and possible disputes between
states and the international organization. It also suggested use
of the dispute-settling formula contained in Article 33 of the
United Nations Charter.
Poland has expressed concern about the establishment of the
territorial scope of international authority, it being of the
opinion that the international area should not be deprived of
exploitable resources. In the 1971 working paper Poland suggested
that the boundary of the international area could be defined by
one of the following alternative criteria:
-- a uniform criterion of the 200-meter
isobath, or
-- a combined criteria of the 200-meter
isobath and an unspecified distance
from the base line, with each coastal
state adopting the isobath or the
distance criterion, depending on the
configuration of the seabed adjacent
to its coast.
By endorsement of the draft articles on the economic zone at Caracas,
however, Poland signified approval of a distance factor that would
be equal to the breadth of the economic zone -- i.e., 200 miles.
At the same time Polish delegates voiced concern about the unilateral
creation of such zones prior to the conclusion of an LOS agreement
and over the possible placement of the entire continental margin
under coastal state authority. Whether or not Poland will be willing
to condone further coastal state encroachment on the shelf and/or
the seabed would appear to be a matter of conjecture at this time.
Scientific Research (U)
Poland's stand on marine scientific research has been stated
in draft articles it cosponsored in 1973 and 1975 (see Annex).
According to the 1975 draft, research within the territorial sea
would be conducted only with the consent of the coastal state
and under such conditions as the coastal state may lay down.
This draft also stated that research related to exploration and
exploitation of living and non-living resources in the economic
zone would be carried out with the consent of the coastal
State." Marine scientific research in the economic zone that
is unrelated to the exploration and exploitation of living and
non-living resources, however, could be conducted "after advance
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notification. of the planned research to the coastal State." The
draft additionally touched on research relating. to the continental
shelf and its resources by stating that such activity shall be
conducted "mutatis mutandis" in accordance with the same procedures
laid down for scientific research in the economic zone. With
respect to research on the high seas, including the seabed beyond
the limits of the economic zone and the continental shelf as
defined in the LOS convention, the draft authorized the participa-
tion of all states "on an equal footing and without discrimination."
By endorsement of the 1975 draft Poland also signified concern
that marine scientific research be conducted exclusively for
peaceful purposes; that cooperation -- international and inter-
regional -- prevail; that the interests of landlocked and other
geographically disadvantaged states be protected; that provision
be made for servicing research vessels; that criteria to regulate
research installations be established; and that responsibility
for research and liability for damages evolving therefrom be
properly allocated.
Pollution (U)
Poland cosponsored draft articles on pollution control at
Geneva on 21 March 1975 (see Annex). In doing so it indicated
support of proposals to establish -- through "appropriate" and/or
"competent" international organizations -- international regula-
tions to prevent, reduce, and control pollution of the marine
environment from land-based sources, from sources associated
with seabed activities and installations under the control of
coastal states, from ships, or by dumping.
According to these proposals the coastal states would be
authorized to establish national regulations to control
pollution emanating from land-based sources. Furthermore,
coastal states would be empowered to establish additional or
more stringent regulations concerning pollution associated with
seabed exploration and exploitation; to enact national regulations
to give effect to international regulations concerning ship-source
pollution; and the exclusive right to establish and enforce laws
and regulations on dumping within a yet-undesignated part of the
waters under their jurisdiction. With respect to this, however,
it should be noted that the article on dumping stipulates that
"States shall not provide for the authorization of dumping on
conditions less stringent than those established under the
international regulations...."
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These draft articles allocate responsibility for the enforce-
ment of ship-source pollution regulations to both flag and port
states. The former is charged to "...provide for the effective
enforcement of the regulations... irrespective of where any
violation may have occurred." The port state is empowered,
under certain conditions, to "...take proceedings in respect
of the violation, and, if necessary, arrest the ship concerned
to carry out such proceedings." Furthermore, coastal states
have the right to acquire information of ships believed to have
discharged in violation of regulations and to forward it either
to the flag state or to other ports of call of the ship concerned.
Poland believes that disputes concerning the interpretation
or application of pollution regulations should be settled in
accordance with provisions yet to be established by the Convention.
It also believes it essential that international law on liability
and compensation for damage caused by marine pollution be developed
and that states provide a mechanism designed to serve those seeking
compensation for loss or damage.
D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS (U)
The Polish delegation to the second and third sessions of the
Conference on the Law of the Sea, convened sequentially in Caracas
and Geneva, included a number of individuals who had not taken
part in previous LOS negotiations. Included in this group were
Stanislaw Trepczynski, Vice Minister for Foreign Affairs,
and Romuald Pietraszek, Deputy Minister for Foreign Trade and
Maritime Economy, who acted at Caracas and at Geneva as delegation
chairman and vice-chairman, respectively. Attendees distinguished
by appearances at nearly all of the Conference and Seabed Committee
sessions to date include Wojciech Goralczyk, Andrzej Olszowka,
and Jerzy Vonau. Polish attendance at LOS meetings, starting
with the 1971 Seabed Committee session, is as follows:
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LOS Conference Attendees (U)
Mr. Przemyslaw ANDERS
Deputy Director, Department of
Maritime Administration and
Fishing Policy
Prof. Walerian CIEGLEWICZ
Sea Fisheries Institute at Gdynia
M. Antoni CZARKOWSKI
Deputy Permanent Representative
to the UN
Mr. Wladyslaw GALICKI
Representative of the Polish Ocean
Lines
Mr. Jamusz GASIOROWSKI
Head, Department of the Law of
the Sea at the Maritime
Institute in Gdansk
*Mr. Wojciech GORALCZYK
Professor of International Law
University of Warsaw
Dr. Wlodzimierz KACZYNSKI
Head of the International
Fishing Co-operation Division
Sea Fisheries Institute in Gdynia
Mr. Feliks KIERZKOWSKI
Senior Adviser, Ministry for
Foreign Trade and Maritime
Economy
Mr. Andrzej KOWALSKI
Senior Expert, Ministry for
Foreign Affairs
H.E. Mr. Eugeniusz KULAGA
Vice Minister of Foreign Affairs
(1975)
Seabed Committee Session
LOS Conference
rence
Feb
Jul
Mar
Jul
Jun-
Mar-
Mar
Aug
Mar
Aug
Apr
Aug
Dec
Aug
May
71
71
72
72
73
73
73
74
75
X
X
X
X
i
X
X
X
X
X
-;-
X
X
X
X
X
X
Third
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LOS Conference Attendees (U)
Mr. Zdzislaw LUDWICZAK
Counsellor
Deputy Permanent Representative
to the UN
Mr. Lucjan LUKASIK
Senior Legal Counsellor
Ministry of Foreign Affairs
H. Hieronim MAJEK
Vice-Consul for Maritime
Affairs
Mr. Henryk MIKUCKI
First Secretary
Permanent Mission to the UN
H.E. Mr. Wlodzimierz NATORF
Permanent Representative to
the UN, Geneva (1973)
*Mr. Andrzej OLSZOWKA
Chief of the Division of Public
International Law, Ministry of
Foreign Affairs
Dr. Mieczyslaw PASZKOWSKI
Second Secretary
Permanent Mission to the UN
*Mr. Romuald PIETRASZEK
Deputy Minister of Foreign Trade
and Maritime Economy
Mr. Zdzislaw RUSSEK
Sea Fisheries Institute in Gdynia
Mr. Wladyslaw SLIWKA
Head of Division in the Ministry
of Foreign Affairs
Third
Seabed Committee Session LOS Conference
Jul Feb Jul Mar Jul Jun- Mar-
Mr Aug Mar Aug Apr Aug Dec Aug May
a
71 71 72 72 73 73 73 74 75
X
X
x
I
X
x
i
X
X
X
X
X
X
X
X X X
X
X
X
x
X
X
i I
X
X
X
X
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Dr. Andrzej STRABURZYNSKI
Lecturer of Public International
Law
University of Gdansk
Mr. Tadeusz STRULAK
First Secretary
Permanent Mission to the UN (1972)
Prof. Janusz SYMONIDES
Vice-Director of the Polish
Institute of International
Affairs
H.E. Mr. Zdzislaw SZEWCZYK
Ambassador Extraordinary and
Plenipotentiary of Poland to
Venezuela
Mr. Marian TARCZEWSKI
Vice Director of the Legal and
Treaties Department
Ministry for Foreign Affairs
*Mr. Stanislaw TREPCZYNSKI
Vice Minister of Foreign Affairs
Commander Henryk UBA
Ministry of National Defense
*Mr. Jerzy VONAU
Director of the Department of
Maritime Administration and
Fishing Policy, Ministry of
Foreign Trade and Maritime
Economy
Mr. Jan WITEK
Director of the Legal and
Treaties Department
Ministry of Foreign Affairs
Third
Seabed Committee Session
LOS Conference
Jul
Feb
Jul
Mar
Jul
Jun-
Mar-
Mar
Aug
Mar
Aug
Apr
Aug
Dec
Aug
May
71
71
72
72
73
73
73
74
75
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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Mr. Eugeniusz WYZNER
Permanent Representative to the
UN, Geneva (1973)
Prof. Remigiusz ZAORSKI
Director of the Institute of
State Law
Gdansk University
M. Bogdan ZEJMO
Second Secretary
Permanent Mission to the UN
Mar
71
Jul
Aug
71
Third
LOS Conference
Dec
73
Jun-
Aug
74
Mar-
May
75
Feb
Mar
72
Jul
Aug
72
Mar
Apr
73
Jul
Aug
73
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POLAND
Part 11 - Background Information*
Geography
World region: Eastern Europe
Category: coastal, shelf-locked East Germany
oslovaPomera Bay, Gulf of
Bordering states: U.S.S.R., Czech
Bordering bodies of water: Baltic Sea,
Danzig
Bordering semienclosed sea: Baltic Sea
Area of continental shelf: 8,300 sq. mi.
Area to edge of continental margin: 8,300 sq. mi.
Coastline: 305 statute mi.
Land: 120,600 sq. statute mi.
Population: 34,022,000
Industry and Trade
GNP: $69.1 billion in 1974, at 1973 prices; $2,050 per capita
Major industries: machine building, iron and steel, extractive
industries, chemicals, shipbuilding, food processing and equip-
Exports: $8,332 million (f.o.b., 1974); 34% machinery
ment, 39% fuels, raw materials, and semimanufactures, 130
agricultural and food products, 90 light industrial products
1974) ; 42% machinery and
Imports: $10,471 million (f.o.b.,
equipment, 41% fuels, raw materials, and semii duf acttl eproducts
24% agricultural and food products, 50 light
Major trade partners: 51% with West, 49% with Communist countries
Merchant marine: 283 ships (1,000 GRT or over), totaling 2,359,400
GRT; includes 5 passenger, 177 cargo, 1 roll-on/roll-off cargo,
4 tanker, 93 bulk, 3 specialized carrier (C)
Marine Fisheries
Catch: 630,000 metric tons (1974)
Economic importance: net importer
Ranking: fifth largest fishing fleet e in world
Argentina
Other fishing areas: Canada,
Species: cod, herring, mackerel, sprat modern,
Marine fisheries techniques: distant-water fleet, largely mo
includes factory trawlers and freezer trawlers
Extent of foreign offshore fishing: limited
* Unless otherwise indicated, individual items are Unclassified/
For Official Use Only. Classification designations are (C)
Confidential and (S) Secret.
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Petroleum Resources
Petroleum: production -- 2.6 million 42-gal. bbl. (.3 million
metric tons) onshore; proved recoverable reserves -- 60 million
42-gal. bbl. (8 million metric tons) onshore (1972)
Natural gas: production -- 200 billion cubic feet (5.7 billion
cubic meters) onshore; proved recoverable reserves -- 5,000
billion cubic feet (140 billion cubic meters) onshore (1972)
Navy (S )
Ships: 1 guided missile destroyer, 4 submarines, 89 coastal
patrol types, 58 river/roadstead patrol types, 49 minesweepers,
40 amphibious types, and 31 auxiliaries
Government Leaders
Premier: Piotr Jaroszewicz
Chairman of Council of State (President): Henryk Jablonski
Foreign Minister: Stefan Olszowski
Membership in Organizations Related to LOS Interests
CEMA .......................... Council for Economic Mutual
Assistance
GATT .......................... General Agreement on Tariffs and
Trade
ICAO .......................... International Civil Aviation
Organization
IHB ........................... International Hydrographic Bureau
Seabed Committee .............. United Nations Committee on the
Peaceful Uses of the Sea-Bed
and Ocean Floor beyond the
Limits of National Jurisdiction
UN and all specialized agencies except IMF and IBRD
Indochina Truce Commission
Korea Truce Commission
Warsaw Pact
Convention on the High Seas, June 29, 1962
Convention on the Continental Shelf, June 29, 1962.
International Convention for the Prevention of Pollution of the
Sea by Oil, February 28, 1961.
International Convention for the Safety of Life at Sea, April 29,
1966.
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Multilateral Conventions (Con't)
Regulations for the Prevention of Collisions of Vessels at Sea,
March 14, 1963.
Convention on Facilitation of International Maritime Traffic,
July 25, 1969.
International Convention on Load Lines, May 28, 1969.
International Convention for the Northwest Atlantic Fisheries,
November 21, 1961.
Declaration of Understanding regarding the Convention concerning
Mollusks, June 5, 1963.
Protocol to extend the Provisions of the Convention to Harp and
Hood Seals, January 5, 1966.
Protocol relating to Entry into Force of Proposals adopted by the
Commission, January 7, 1969.
Protocol relating to Measures of Control, January 7, 1969.
Protocol relating to Panel Membership and to Regulatory Measures,
November 30, 1971.
Protocol relating to Amendments to the Convention, November 30,
1971.
North-East Atlantic Fisheries Convention, February 22, 1961.
Fisheries Convention, June 7, 1966.
Convention on the Conservation of the Living Resources of the
South-East Atlantic, March 2, 1972.
Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer
Space, and Under Water, October 14, 1963.
Treaty on the Prohibition of the Emplacement of Nuclear Weapons
and Other Weapons of Mass Destruction on the Seabed and the
Ocean Floor and in the Subsoil thereof, November 15, 1971.
Convention of the Inter-Governmental Maritime Consultative
Organization, March 16, 1960.
Convention on the International Council for the Exploration of the
Sea, November 25, 1966.
German Democratic Republic-Poland-U.S.S.R. Declaration on the
Continental Shelf of the Baltic Sea, October 23, 1968.
Poland-U.S.S.R. Protocol (with annexed maps) concerning the
Delimitation of Polish and Soviet Territorial Waters in the
Gulf of Gdansk in the Baltic Sea. Signed at Warsaw, March 18,
1958. In force July 29, 1958.
German Democratic Republic-Poland. Agreement on the Delimitation
of the Continental Shelf, 1968.
Poland-U.S.S.R. Agreement concerning the Course of the Continental
Shelf Boundary in the Gulf of Gdansk and the Southeastern Part
of the Baltic Sea. Signed at Warsaw, August 28, 1969. In force
May 13 , 19 70 .
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Bilateral Conventions (Con't)
Sweden-Poland Fisheries Agreement, 1970.
Denmark-Poland. Fisheries Agreement. Signed at Warsaw,
February 26, 1971.
Poland--United Kingdom. Exchange of Notes regardi;-tg the Rights to
be accorded to Polish Vessels within the British Fishery Limits
to be established on September 30, 1964. Signed at Warsaw,
September 26, 1964. In force September 30, 1964.
Poland-United States. Agreement regarding Fisheries in the
Western Region of the Middle Atlantic Ocean. Signed at
Washington, June 13, 1970. In force June 13, 1970.
Agreement extending the Poland-United States Fisheries Agreement
of June 13, 1970. Signed at Warsaw, October 1, 1971. In force
October 1, 1971. (Terminated)
Agreement extending the Poland-United States Fisheries Agreement of
June 13, 1970. Signed at Warsaw, June 28 and 30, 1972. In
force June 30, 1972.
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Present Ocean Claims*
Date Terms
Territorial 1932 3 mi.
Continental
Shelf
1956 3 + 3mi.
1959 3 + 3 mi.
Source, Notes
No. 82 of Oct. 27, 1932
Decree No. 9
Dziennik Ustaw No. 51 of 1956
Decree No. 27
Dziennik Ustaw No. 169 of 1959
Continental Shelf Convention
l968
(June 29, 1962). No laws
Exclusive
Fishing
1932
1970
3 mi
3+9mi.
Act of Feb. 12, 1970
Dziennik Ustaw No. 3, Feb. 17,
1970
Fisheries
Conservation
1970
3 + 9 mi.
Act of Feb. 12, 1970
1932
27
t
82 O
Cus toms
1932
1956
6 ml
,
.
c
No.
Decree No. 9
Dziennik Ustaw No. 51 of 1956
Security
1932
6 mi.
Decree of Oct. 21, 1932
S ani ta ry
1956
6 mi-
Decree No. 9
Dziennik Ustaw No. 51 of 1956
Pollution
Straight
Baselines
1956
1956
6 mi .
Decree No. 9
Dziennik Ustaw No. 51 of 1956
Decree No. 9
Bay of Gdansk
* Principal Source: Limits of the Seas, National Claims to Maritime
Jurisdictions, 2d Revision, State Dept./INR April 1974.
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Actions on Significant UN Resolutions
Moratorium Resolution
(A/RES/2574 D, XXIV, 12/15/69)
Pending establishment of international regime,
States and persons are bound to refrain from
exploiting resources of or laying claim to any
part of the seabed and ocean floor beyond the
limits of national jurisdiction.
LOS Conference
(A/RES/2750 C, XXV, 12/17/70)
Convene in 1973 a conference on Law of the Sea
to deal with establishment of international
regime for the seabed and ocean floor, and
enlarge Seabed Committee by 44 members and
instruct it to prepare for the conference draft
treaty articles embodying international regime.
Against
Against
LOS Conference, Timing and Site Adopted w/o vote
(A/RES/3029 A, XXVII, 12/18/72)
Indian Ocean as a Zone
(A/RES/2992, XXVII, 12/15/72)
Called upon littoral and hinterland states of
Indian Ocean area, permanent members of the
Security Council and other major maritime users
of Indian Ocean to support concept that Indian
Ocean should be zone of peace.
Landlocked/Shelf-Locked Study Resolution
(A/RES/3029 B, XXVII, 12/18/72)
Called for study of extent and economic signifi-
cance in terms of resources, of international
area resulting from each proposal of limits of
national jurisdiction presented to Seabed Committee.
Peruvian Coastal State Study Resolution
(A/RES/3029 C, XXVII, 12/18/72)
Called for study of potential economic signifi-
cance for riparian states, in terms of resources,
of each of the proposals on limits of national
jurisdiction presented to Seabed Committee.
Against
Against
Permanent Sovereignty over Natural Resources In favor
(A/RES/3016 XXVII, 12/18/72)
Reaffirmed right of states to permanent sovereignty
over all their natural resources, wherever found.
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UN64 EO NATIONS
GENERt L
ASSEMBLY
TTrcnty-eighth session
FIRST CO1 diITTEE
Agenda item 40
Dir.tr.
GI [ HP,L
A/C.1/1035
15 October 1973
ENGLISH
ORIGINAL: ENGLISH/F'.i-_^IATT
RESERVATION EXCLUSIVELY FOR PEACEFUL FIJRPOSES OF THE SEA-DED
AND THE OCEAN FLOOR, AND THE SUBSOIL THEREOF, U"DERLYINNG THE
HIGH SFAS BEYOND THE LIMITS OF PRESENT NATIONAL JIIRISDICTIO ;
AND USE OF THEIR P SOURCES IN THE INTERESTS OF MAiIKIND, AND
CONVENING OF A CONFERENCE ON THE LAW OF THE SEA
Letter dat d 15 Octo;.er 1973 from the Deputy Minister for Forei.rn
Affairs of the PolishPecnle's Reeubli r. addreo,-ed to the Ch irr:::n
~._ of the First Corr..mittee
The Polish delegation to the twenty-eighth session of the United Ilatices
General Assembly has the honour to transmit herewith the text of the Cor:ver.t_c:n
on Fishing; and Conservation of the Idvi.ng Resources in the Tal.tic Sea and t'..
Belts, done at Gdansk on 13 Septcinbcr 1973.
The Polish del.egatt.ion wishes to request you to circulate the te.%t of
Convention as an official document of the General As cmbly in relation to tl.:? atr-t-r. e
item entitled "Reservation exclusively for peacoful purposes of the sea-bed and the
ocean floor, and the subsoil thereof, underlying the high sees heyor.c the its
of present national jurisdiction and use of their resources in the interest of
mankind, and convening of a conference on the law of the sea".
(SiI*ned) Stanislaw TRPTCS_'I?s'SKI
Dcp; ty Minister for Foreign -.r'fa_ir,
Chairman of the Polish dele. '-ion to
the twen''y-e.L 1sth session o_'
Unites? Nations Cc--nerat
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A/C..1/1035
English
Page 2
CONVENTION ON FISHING AND CONSERVATION OF THE LIVING RESOURCES
IN THE BALTIC SEA AND THE BELTS
- bearing in mind that maxis*ium and stable productivity of the living
resourci-ts of the Baltic Sea and the Belts is of great importance to the
Sta.?es of the Baltic Sea basin,
- recogni:?.in~ their joint responsibility for the conservation of the living
resourcef ,ud their national exploitation,
- being convi.~..cd that the conservation of the lir'ng resources of the
Baltic ,lea und the Belts calls for closer and more expanded co-operation in
this region,
- Co-operate closely with a view to preserving and increasing the livir;-.
resources of the Baltic Sea and the Belts and obtaining the optiru.-- ;iel:,
and, in particular to expending and co-ordinatirg studies towards the
ends,
- Prepare and put into effect organizational and technical projects on
cciisoriation and growth of the living resources, including measures of
a:L1ficipL reproduction of valuable fish species and/or contribute
financially to such measures, on a just and equitable basis, as well F_s
take other steps towards rational and effective exploitation of the -'-;vin
resources.
1. The area to which this Convention applies, hereinafter referred to as 't e
Convention area'', shall be all waters of the Baltic Sea and the Belts, exclui:n.i:
internal waters, bounded in the west by a line as from Hasenore Head to Gnit-n ='oint,
from Korsha,;c to Spodsbierg and from Gilbierg Head to the Kullen.
2. This Convention shall apply to all fish species and other living^tarine
resources in the Convention Area.
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'n'othing in this Convention shall be deemed to affect the rights, claims or
vi, -w: of any Contra.ctin State in regard to the limits of territorial waters and to
th ;:tent of jurisdiction over fisheries, according to internat.'onal law.
For the purpose of this Convention the term "vessel" means any vessel or boat
empJeyed in catching or treating fish or other living marine organisms and which is
registered or owned in the territory of, or which flies the flag of, any Contracting
State.
1. An International Baltic Sea Fishery Commission, hereinafter referred to as
"the Commission", is hereby established for the purposes of this Convention.
2. Each Contracti _- State may appoint not more than two representatives as r_e?,ers
of the Commission and such experts and advisers to assist them as that State nay
determine.
3. The Commission shall elect a Chairman a d a Vice--Chairman from a:.onn,st its
m-:abers who shall serve for a period of four years and who shall be eligible for
re-election, but not for two consecutive terms of office.
The Chairman end the Vice-Chairman shall be elected from the representatives
of different Contracting States.
4. A member of the Commission elected as its Chairman shall forthwith cease to
act as a representative of a State and shall not vote. The State concerned shall
have the right to appoint another representative to serve in the Chairman's glace.
1. The Office of the Commission shall be in Warsaw.
2. The Commission shall appoint its Secretary and as it may require appropriate
staff to assist him.
3. The Commission shall adopt its rules of procedure and other provisions which
the Commission shall consider necessary for its work.
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1. The Cori*ni.ssion shall a.lopt its finanr?';il rules.
2. The Commission.ahall adopt a two years budget of ,'.-,posed expenditures and
budget estimates for the fiscal. period following thorca""t.er.
3. The total amount of the budget including any supi;lir-ntary budget shall be
contributed by the Contracting States in equal parts.
4. Each Contracting State shall pay the expenses related to the participation in
the Commission of its representatives, experts and advisers.
1. Except where the Cc:rrnission decides otherwise, it shall hold its sessions
every two years in Warsaw at such time as it shall deem suitable. Upon the request;
of a 'representative of a Contracting State in the Commission, provided it
endorsed by a representative of another Contracting State, the Chairman of the
Commission shall, as soon as possible, summon an extraordinary session at s.ch time
and place as he determines, however not later thca three months frog: the d--- 4- cf t
submission of the request.
2. The first session of the Commission shall be called by the Depositary
Government of this Convention and shall take place within a period of nin '; d-ys
from the date following the entry into force of this Convention.
3. Each Contrectin- State shall have one vote in the Cor..-:issi on. Leci si: eo ~a
recommendations of the Commission shall be taken by a two-thirds majority of votes
of the Contracting States, present and voting at the meeting.
1+. English shall be the working language of the Commission. The l ng-u