ENB:07:43
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PART XII—REPORTS ON IMPLEMENTATION AND REVIEW CONFERENCE
On Article 35, which deals with reports on the implementation of the Agreement, Japan referred to paragraph (1), and asked what would happen if the Agreement enters into force later than the stipulation requires. The Chair said a resolution would be submitted to the General Assembly calling for provisional reporting. Uruguay said that constitutional requirements in his country may not permit acceptance of a provisional application. China said a review should only be effected after the Agreement's entry into force. The Russian Federation, supported by Indonesia, advocated the Agreement's earliest possible entry into force, and suggested reducing the number of instruments of ratification to 20. The Chair reminded delegates that provisional application occurred in the case of Part XI of UNCLOS on deep sea-bed mining.
The Chair said that the reference to "implementation" should be changed for the sake of clarity. The Chair pointed out that the same problem arises in dealing with Article 36 with the use of the term "after the adoption", and said that it would be best to wait until the end of the Conference to identify how to ensure provisional application.
The Chair said some of the language in Article 37, which deals with signature arrangements, refers to Namibia and is no longer applicable. He pointed out that Articles 37 through 48, which deal with accession, entry into force, relations to other conventions, amendments, denunciation, status of annexes, depositary and authentic text provisions, to a large degree follow the provisions of UNCLOS. He stated that Article 40, paragraph (2) should read "Each State or entity...".
The Chair concluded debate on his Draft Agreement by saying that the changes suggested to Annex 1 on minimum standards for collection and sharing of data, will be integrated in his revised text.