LAW OF THE SEA COUNTRY STUDY POLAND

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CIA-RDP79-01054A000300110001-6
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RIPPUB
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S
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80
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December 9, 2016
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March 26, 2001
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1
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Publication Date: 
April 14, 1976
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MEMO
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Approved For Release 2001/ W.,-RDP79-01054AO00300110001-6 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) Approved For Release 200Sent IA-RDP79-01054A000300110001-6 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) Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Secret No Foreign Dissent Law of the Sea Country Study Poland Secret GCR LOS 75-12 June 1975 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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. Approved For Release 2001/04/09 : CIA4il19-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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 Approved For Release 2001/04/09 : CIA-F @r 9-01054A000300110001-6 Approved For Release 2001/04/09 : CIAS P79-01054A000300110001-6 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. Approved For Release 2001/04/09 : CIA-RDFSf? i054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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, SECRET Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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 Approved For Release 2001/04/09 : CIA- 9-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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) Approved For Release 2001/04/09 : CI 1~79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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) Approved For Release 2001/04/09 : CIA-RDP7SM54A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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). Approved For Release 2001/04/OgEtP X-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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. SECRET Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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. SECRET Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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 SECRET Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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. Approved For Release 2001/04/06E'8ib-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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. SECRET Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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 SECRET Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-VPPT 9-01054A000300110001-6 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...." Approved For Release 2001/04/09 : C AbP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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: Approved For Release 2001/04/09 : CIA-Riii01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 25X6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Next 4 Page(s) In Document Exempt Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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. Approved For Release 2001/04/09 : CIA-R C7k-p1054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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. Approved For Release 2001/04/09 : CIA-RDPEOEQfl'054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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 . Approved For Release 2001/04/09 ~kAfi RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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. SECRET Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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. Approved For Release 2001/04/09 : CokiRDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 SECRET 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. SECRET Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 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. Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 A/C.1/1035 English Page 3 '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. Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 Approved For Release 2001/04/09 : CIA-RDP79-01054A000300110001-6 A/C. I /1035 $r~Erl.l:~:h Wage 1$ 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