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INFO OCT-01 ISO-00 AF-10 ARA-16 EA-11 EUR-25 NEA-14 RSC-01
IO-14 OIC-04 COA-02 EB-11 FEA-02 JUSE-00 INT-08
COME-00 DOTE-00 NSF-04 OMB-01 TRSE-00 SWF-02 AGR-20
ACDA-19 AEC-11 CG-00 CEA-02 FMC-04 EPA-04 SCI-06
CEQ-02 CIAE-00 DODE-00 PM-07 H-03 INR-11 L-03 NSAE-00
NSC-07 PA-04 PRS-01 SP-03 SS-20 USIA-15 CIEP-02 DRC-01
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R 181454Z JUL 74
FM AMEMBASSY CARACAS
TO SECSTATE WASHDC 4823
INFO AMEMBASSY CAIRO
AMEMBASSY DAR ES SALAAM
AMEMBASSY HELSINKI
AMEMBASSY LAGOS
AMEMBASSY LONDON
AMEMBASSY MONROBIA
AMEMBASSY MOSCOW
USUN NEW YORK 681
AMEMBASSY OTTAWA
AMEMBASSY PORT OF SPAIN
UNCLAS SECTION 1 OF 2 CARACAS 6740
FROM USDEL LOS
EO 11652: N/A
TAGS: PLOS
SUBJECT: LOS - DAILY REPORT, COMMITTEE III.
SUMMARY: COMMITTEE III CONTINUED TO MEET TO HEAR GENERAL STATE-
MENTS. CANADA REPEATED HER PREVIOUS CONCEPTS OF A COMBINED FLAG
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STATE/PORT STATE/COASTAL STATE APPROACH TO STANDARD SETTING AND
ENFORCEMENT. THEY POINTED OUT APPARENT INCONSISTENCY OF U.S.
PORT AND WATERWAY SAFETY ACT AND POSITION OF EXCLUSIVELY INTER-
NATIONAL STATNDARDS. USSR SUPPORTED EXCLUSIVELY INTERNATIONAL
STANDARDS
EVEN IN TERRITORIAL SEA ADN STRONGLY SUPPORTED STANDARDS IN 1973
MARINE POLLUTION CONVENTION.
1. COMMITTEE III MET TO CONTINUE HEARING GENERAL STATEMENTS ON
MARINE POLLUTION. CHAIRMAN'S DESIRE TO HEAR PRIMARILY FROM STATES
WHO HAD NOT PREVIOUSLY STATED THEIR POSITION OR WHO HAD A NEW POSI-
TION TO STATE WAS LARGELY DISREGARDED.
2. LIBERIA ACKNOWLEDGED THE HIGH COST OF POLLUTION PREVENTION TO
LDC'S BUT SAID THE COST MUST BE MET. STRONGLY SUPPORTED EXCLUSIVELY
INTERNATIONAL STANDARDS. AGREED THAT ECOLOGICALLY SENSITIVE AREAS MAY
NEED HIGHER STANDARDS BUT THESE STANDARDS MUST BE SET INTERNATIONALLY
.
EMPHASIZED THAT A STATE SHOULD NOT BE ABLE TO SET HIGHER STANDARDS
FOR ITS TERRITORIAL SEA OR PORT AREA USED BY INTERNATIONAL TRADE BUT
MIGHT SET HIGHER STANDARDS IN ITS OTHER INTERNAL WATERS. AS FOR
ENFORECEMENT, THE STANDARDS SHOULD BE ENFORCED PRIMARILY BY FLAG
STATES
WITH PORT STATE ENFORCEMENT ONLY WITH THE AGREEMENT OF THE FLAG STATE
.
STRONGLY SUPPORTED PAST WORK OF IMCO AND THE FUTURE ROLE OF IMCO AND
ITS MEP COMMITTEE.
3. EGYPT ADDRESSED PROBLEMS OF MARINE POLLUTION FROM LAND SOURCES,
VESSEL SOURCES AND EXPLOITATION SOURCES ON THE CONTINENTAL SHELF
AND SEABED. REVIEWED THE INADEQUACY OF KNOWLEDGE REGARDING MARINE
ECOSYSTEMS. PROPOSED THAT LAND-BASED SOURCES OF MARINE POLLUTION
SHOULD BE HANDLED IN LOS CONVENTION SIMILAR TO THE ANNEXES IN 1972
DUMPING CONVENTION. AS REGARDS TO VESSEL-SOURCE POLLUTION, BELIEVE
THE '73 MARINE POLLUTION CONVENTION IS ADEQUATE EXCEPT IN AREAS OF
LIABILITY WHERE MORE WORK IS NEEDED. AS REGARDS EXPLOITATION
SOURCES OF POLLUTION ON THE CONTINENTAL MARGIN, MUST BE UNDER THE
CONTROL OF THE COASTAL STATE. BEYOND NATIONAL JURISDICTION AND INTER-
NATIONAL BODY MUST BE RESPONSIBLE. SUPPORTED HIGHER STANDARDS IN
SENSITIVE AREAS SUCH AS STRAITS TO BE ENFORCED BY COASTAL STATE.
MENTIONED AS POSSIBLE SPECIAL AREAS THE MEDITERRANEAN AND RED SEAS.
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SUPPORTED COOPERATION BETWEEN STATES OF REGION IN MONITORING AND
EXCHANGE OF INFORMATION AND COMBATING POLLUTION ACCIDENTS.
4. CANADA STATED THAT PROTECTION OF MARINE ENVIRONMENT WAS CANADA'S
SINGLE MOST IMPORTANT OBJECTIVE IN THIS CONFERENCE. REFERRED
TO MAURICE STRONG'S SPEECH OF LAST WEEK (SEPTEL)AND THE STOCKHOLM
DECLARATION. SAID MUST DEVISE CONCEPTS TO PROTECT THE ENVIRONMENT
WITHIN THE CONCEPTS OF THE PATRIMONIAL SEA, ECONOMIC ZONE AND COMMON
HERITAGE OF MANKING AND MUST BASE OUR COMPREHENSIVE APPROACH UPON
CONSENSUS OF STOCKHOLM. THIS COMPREHENSIVE APPROACH MUST CONTAIN
BOTH NATIONAL AND INTERNATIONAL ASPECTS. URGED UMBRELLA TREATY TO
SUPPORT THIS APPROACH. REFERRED TO CANADA'S WORKING PAPERS L26 AND
L28 SUBMITTED TO THE SEABED COMMITTEE. REFERRED TO ARTICLES SUBMITTED
BY OTHERS IN SEABED COMMITTEE HAVING MUCH IN COMMON, INCLUDING A
GENERAL OBLIGATION TO PROTECT THE ENCIRONMNET. COMMENTED THAT WG2
OF SUB-COMMITTEE III OF THE SEABED COMMITTEE WAS ABLE TO PRODUCE
MANY AGREED TEXT AND SOME ALTERNATE TEXT, BUT WORK BROKE DOWN IN
DEVELOPMENT TEXTS UNDER THE HEADING OF STANDARDS. FEELS THIS WAS TOO
BROAD A HEADING AND TOO MANY VARYING TYPES OF ARTICLES WERE TO BE
PLACED UNDER IT. REFERRED TO CANADA'S PROPOSAL AT SECOND SESSION OF
COMMITTEE III THAT THE HEADINGS BE SUPPLEMENTED BY ADDING
HEADING ON COASTAL STATE MEASURES. PROCEDDED TO REVIEW ITS COASTAL
STATE CASE FOR STANDARD SETTING. CITED TRAIL SMELTER CASE AND
QUOTED A "FORMER LEGAL ADVISOR" OF THE STATE DEPARTMENT AS SAYING
THAT THE U.S. SHOULD BE PROTECTED AGAINST ENVIRONMENTAL DAMAGE
ARISING FROM THE OPERATION OF A SMELTER IN CANADA ON THE GROUNDS
THAT SUCH PROTECTION WAS "ESSENTIALLY A SOVEREIGN RIGHT." ALSO
CONTENDED U.S. PORT AND WATERWAY SAFETY ACT WAS INCONSISTENT WITH
U.S. POSITION OF EXCLUSIVELY INTERNATIONAL STANDARDS. SAID THAT THE
RECENT MARINE POLLUTION ARTICLES SUBMITTED BY U.K. TAKE POSITION THAT
A SHIP MAY NOT BE REFUSED ENTRY INTO A PORT ON ENVIRONMENTAL OR OTHER
GROUNDS AND THAT THIS WOULD SEVERELY LIMIT THE RIGHT OF COASTAL STATES
POINTED OUT THAT U.S. WOULD MAKE THE '73 MARINE POLLUTION STANDARDS
APPLY TO ALL VESSELS WHILE MANY NATIONS ARE NOT MEMBERS OF IMCO OR
PARTY TO TREATY. THIS WOULD SEEM TO MAKE IMCO A SUPER AGENCY UNDER
THE U.S. VIEW WHICH DOES NOT SEEM CONSISTENT WITH INTERNATIONAL LAW.
SAID BOTH THE DUMPING CONVENTION AND THE MARINE POLLUTION CONVENTION
PROVIDE FOR SHARED ENFORCEMENT BY FLAY STATES AND BY COASTAL STATES
WITHING THEIR JURISDICTION AND URGED THIS APPROACH. POINTED OUT THAT
PORT STATE ENFORCEMENT WAS FIRST SUGGESTED BY CANADA IN 1971 AND IT
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SHOULD ALSO BE ADOPTED IN THIS TREATY. THE ZONAL APPROACH IS SET
FORTH IN CANADIAN WORKING PAPER L56. THIS PAPER MAKES A DISTINCTION
IN COASTAL STATE STANDARDS FOR DISCHARGE DUMPING AND TRAFFIC SEPAR-
TION AND THOSE FOR CONSTRUCTION, MANNING AND EQUIPMENT. MAINTAINED
COASTAL STATE APPROACH IS THE BEST OPPORTUNITY TO PROTECT MARINE
ENVIORONMENT IN THE CONTEXT OF PATRIMONIAL SEA/ECONOMIC ZONE AND
COMMON
HERITAGE OF MANKIND. SAID OVERWHELMING SUPPORT FOR THIS CONCEPT IN
THE PLENARY COMMITTEE AND URGED THIS APPROACH, COMBINED WITH APPRO-
PRIATE SAFEGUARDS AGAINST UNREASONABLE ACTION. PROCEDURES
FOR COMPENSATION AND DISPUTE SETTLEMENT WAS BEST.
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ACTION DLOS-07
INFO OCT-01 ISO-00 AF-10 ARA-16 EA-11 EUR-25 NEA-14 RSC-01
IO-14 OIC-04 COA-02 EB-11 FEA-02 JUSE-00 INT-08
COME-00 DOTE-00 NSF-04 OMB-01 TRSE-00 SWF-02 AGR-20
ACDA-19 AEC-11 CG-00 CEA-02 FMC-04 EPA-04 SCI-06
CEQ-02 CIAE-00 DODE-00 PM-07 H-03 INR-11 L-03 NSAE-00
NSC-07 PA-04 PRS-01 SP-03 SS-20 USIA-15 CIEP-02 DRC-01
/278 W
--------------------- 041981
R 181454Z JUL 74
FM AMEMBASSY CARACAS
TO SECSTATE WASHDC 4824
INFO AMEMBASSY CAIRO
AMEMBASSY DAR ES SALAAM
AMEMBASSY HELSINKI
AMEMBASSY LAGOS
AMEMBASSY LONDON
AMEMBASSY MONROVIA
AMEMBASSY MOSCOW
USUN NEW YORK 682
AMEMBASSY OTTAWA
AMEMBASSY PORT OF SPAIN
UNCLAS SECTION 2 OF 2 CARACAS 6740
FROM USDEL LOS
5. FINLAND POINTED OUT THAT NEED FOR REGIONAL MEASURES IN THE BALTIC
AREA LEAD TO THE HELSINKI CONVENTION OF THE PROTECTION OF THE MARINE
ENVIRONMENT OF THE BALTIC SEA. REPORTED IN SOME DETAIL SUBSTANCE OF
ARTICLES AND ANNEXES TO THE CONVENTION. POINTED OUT THAT HELSINKI
CONVENTION PROVIDES FOR DISPUTE SETTLEMENT.
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6. USSR STATED THAT PROTECTION OF MARINE ENVIRONMENT AND MAINTENANCE
OF FREEDOM OF NAVIGATION CAN BOTH BE ATTAINED. WILLING TO GIVE COASTAL
STATE ECONOMIC JURISDICTION IN 200-MILE ECONOMIC ZONE, SUBJECT TO
AGREEMENT ON STRAITS AND OTHER CRITICAL USSUES. THE LIVING RESOURCES
OF THE ECONOMIC ZONE COULD BE DAMAGED BY DUMPING OF HARMFUL SUBSTANCES.
STATED THAT THE COASTAL STATE SHOULD BE GIVEN THE RIGHT TO CONTROL
DUMPING BY OTHERS IN ITS ECONOMIC ZONE. DISTINGUISHED DUMPING FROM
VESSEL SOURCE POLLUTION, CALLING FORMER AN LAND-BASED SOURCE OF POLLU-
TION. COASTAL STATES SHOULD BE GOVERNED BY PRINCIPLES OF 1972 DUMING
CONVENTION IN ISSUING DUMPING PERMITS IN ITS ECONOMIC ZONE. THE COASTAL
STATE COULD ALSO TAKE INTERVENTION ACTION IN ACCORDANCE WITH '69
CONVEN-
TION AND THE '73 PROTOCOL ON THE SUMECT OF INTERVENTION. STATED THAT
SUCH RIGHTS SHOULD BE EXTENDED TO EXPLORATION AND EXPLOITATION
ACTIVITES. AS REGARDS STANDARDS FOR VESSELS, THE COASTAL STATE SHOULD
NOT HAVE COMPETENCE TO SET STANDARDS EVEN IN ITS TERRITORIAL SEA.
STRONGLY SUPPORTED 1973 INCO CONVENTION SAYING NORMS OF THAT CONVENTION
SUFFICIENT TO PROTECT ENVIRONMENT AND NO SUPPLEMENTARY NORMS NEEDED.
STATED THAT COASTAL STATE MAY TAKE ENFORCEMENT ACTION IN TERRITORIAL
SEA
TO ASSURE INTERNATIONAL NORMS ARE FOLLOWED. IN EVENT OF VIOLATION
COASTAL STATE SHOULD BE ABLE TO IMPOSE ONLY FINES AND NOT IMPRISONMENT.
7. TANZANIA STATED KEY ISSUES INCLUDED GLOBAL NATURE OF MARINE POLLU-
TION AND NEED FOR BOTH NATIONAL AND INTERNATIONAL ACTION. TASK IS TO
HARMONIZE NATIONAL AND INTERNATIONAL REGULATIONS. SAYS LATTER ARE
MADE VERY SLOWLY AND FOR THIS REASON NOT ALWAYS ESPECIALLY CLOSE
TO THE COAST. FLAG STATE REGULATIONS ARE ALSO NECESSARY BUT WILL NOT
FULLY PROTECT THE COASTAL STATES. SAYS IT IS INSULT TO COASTAL
STATES TO SUGGEST THAT COASTAL STATE REGULATIONS WILL UNREASONABLY
INTERFERE WITH SHIPPING. REGIONAL REGULATIONS WILL ALSO BE NECESSARY
IN SPECIAL AREAS. IN THE AREA OF ENFORCEMENT THERE MUST BE BOTH FLAG
STATE AND COASTAL STATE ENFORCEMENT. SAID FLAG STATE ENFORCEMENT HAS
NOT
WORKED AND CITED AS EXAMPLE CONDITIONS OF BEACHES IN EAST AFRICA.
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LIABILITY NOT ANSWER BECAUSE DIFFICULT TO IDENTIFY CULPRIT AND COURT
PROCEEDINGS SLOW AND INEFFECTIVE. SAYS ANSER IS FOR THE COASTAL STATE
TO HAVE AUTHORITY TO ENFORCE AS SHOULD THE INTERNATIONAL AUTHORITY
WHEN IT IS ESTABLISHED.
8. NIGERIA INCLUDED WASTES FROM NUCLEAR-POWERED SHIPS AS ONE FO SEVERAL
SOURCES OF MARINE POLLUTION. WANTS TO SEE ARTICLES BOTH ON PREVENTION
OF POLLUTION AND ON COMENSATION FOR DAMAGE. SPOKE OF GOOD WORK DONE
BY IMCO ON THESE MATTERS AND THE RESULTING CONVENTIONS. THESE
CONVENTIONS PLUS STOCKHOLM CONVENTION WILL PROVIDE GUIDELINES FOR OUT
WORK. STATED THAT WHAT WE DO SHOULD NOT UNDULY PREJUDICE THE IMCO
CONVENTIONS.
9. TRINIDAD AND TABAGO REFERRED TO MAURICE STRONG SPEECH OF LAST WEEK
IN PLENARY (SEPTEL) AND FEELS IT IS GOOD BASIS FOR WORK IN COMMITTEE
III.
DESCRIBED T AND T AD AN IMPORTER OF CURDE OIL AND AN EXPORTER OF OIL
PRODUCTS WITH CONSIDERABLE OIL SHIPPING ACTIVITIES OFF ITS COASTS.
MOST MARINE POLLUTION NEAR T AND T COME FROM VESSEL SOURCES AND
OFFSHORE
EXPLOITATION. TEVEIWED T AND T POSITION ON LIABILITY FOR DAMAGE FROM
BOTH VESSEL-SOURCE POLLUTION AND E AND E ACTIVITES. CONTRASTED
AUSTRALIA'S WP L27 AND CANADA'S WP L28 AS WELL AS STRONG SPEECH ON
MAKING THE COASTAL STATE LIABLE FOR MARINE POLLUTION WITH T AND T'S
PREFERENCE THAT THE OPERATING AGENT BE RESPONSIBLE. SUPPORTED CONCEPT
OF
DUAL STANDARDS FOR DEVELOPED AND DEVELOPING COUNTRIES, CALLING
FOR LOW STANDARDS FOR LAND-BASED ACTIVITIES PRODUCING ESPECIALLY
DANGEROUS FOR TOXIC POLLUTION, AND FOR OIL PRODUCTION AND TANKERS.
10. U.K. OBJECTED TO CANADA'S REFERENCE TO U.K. DRAFT ARTICLES ON
TERRITORIAL SEA AND STRAITS AND FELT THAT THIS WAS A COMMITTEE II
MATTER
AND WOULD BE DISCUSSED THERE. SAID EFFORT SHOULD BE TO WRITE AN
UMBRELLA CONVENTION WHICH WILL NOT INTERFERE WITH EXISTING IMCO CONVEN-
TIONS OR WITH EXISTING REGIONAL CONVENTIONS. SUPPORTED NEED TO PREVENT
MARINE POLLUTION BUT PRESERVE FREEDOM OF NAVIGATION, TRANSIT THROUGH
STRAITS AND OVERFLIGHT. DESCRIBED FOUR TYPES OF POLLUTION: DUMPING,
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LAND-BASED, SEABED AND VESSEL-SOURCE. WOULD LIKE STRONG DISPUTE SETTLE-
MENT ARTICLE. SUGGESTED NEED TO TALK ABOUT INTERNATIONAL STANDARDS
AND NATIONAL STANDARDS FOR EACH OF FOUR TYPES OF POLLUTION. SAME COURSE
FOR ENFORCEMENT. SHOULD BE ABLE TO QUICKLY WRITE AGREED TEXT ON SEABED
POLLUTION DUE TO WIDE CONSENSUS ON THIS ISSUE. DUE TO SHORTNESS OF THE
TIME LEFT, SHOULD WORK ON OTHER ISSUES WHERE THERE IS WIDE AGREEMENT
AND
NOT SPEND TIME IN AREAS OF CONTENTION. SUPPORTED '73 MARINE POLLUTION
CONVENTION STANDARDS INCLUDING "SPECIAL AREAS" CONCEPT. BELEIVES ANY
EXPANSION IN NUMBERS OF THESE AREAS SHOULD BE DONE INTERNATIONALLY.
SAID
NATIONAL DISCHARGE REGULATIONS WOULD IN PRACTICE HAVE SAME EFFECT AS
NATIONAL CONSTRUCTION REGUALATIONS, SINCE WOULD REQUIRE MODIFICATIONS
IN DESIGN.
STEVENSON
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