如管理局提出要求,此种方案应包括拨出地区专门用作影响参比区和保全参比区的提议。
When required by the Authority, such programmes shall include proposals for areas to be set aside and used exclusively as impact reference zones and preservation reference zones.
“影响参比区”是指反映区域环境特性,用作评估每一承包者在“区域”内所进行的活动对海洋环境的影响的区域。
“Impact reference zones” means areas to be used for assessing the effect of activities in the Area on the marine environment and which are representative of the environmental characteristics of the Area.
“保全参比区”是指不应进行采矿以确保海底的生物群具有代表性和保持稳定,以便评估海洋环境动植物的任何变化的区域。
“Preservation reference zones” means areas in which no mining shall occur to ensure representative and stable biota of the seabed in order to assess any changes in the flora and fauna of the marine environment.
第34条 环境基线和监测
Regulation 34 Environmental baselines and monitoring
1. 每一合同应要求承包者参照法律和技术委员会根据第41条提出的建议,收集环境基线数据并确定环境基线,供对比评估其勘探工作计划所列的活动方案可能对海洋环境造成的影响,及要求承包者制定监测和报告这些影响的方案。
Each contract shall require the contractor to gather environmental baseline data and to establish environmental baselines, taking into account any recommendations issued by the Legal and Technical Commission pursuant to regulation 41, against which to assess the likely effects of its programme of activities under the plan of work for exploration on the marine environment and a programme to monitor and report on such effects.
委员会所提出的建议除其他外,可列出据认为不具有对海洋环境造成有害影响的潜在可能的勘探活动。
The recommendations issued by the Commission may, inter alia, list those exploration activities which may be considered to have no potential for causing harmful effects on the marine environment.
承包者应与管理局和担保国合作制定和执行这种监测方案。
The contractor shall cooperate with the Authority and the sponsoring State or States in the establishment and implementation of such monitoring programme.
2. 承包者应每年以书面方式向秘书长报告第1款所述监测方案的执行情况和结果,并应参照委员会根据第41条作出的建议提交数据和资料。
The contractor shall report annually in writing to the Secretary-General on the implementation and results of the monitoring programme referred to in paragraph 1 and shall submit data and information, taking into account any recommendations issued by the Commission pursuant to regulation 41.
秘书长应根据《公约》第一六五条将上述报告送交委员会审议。
The Secretary-General shall transmit such reports to the Commission for its consideration pursuant to article 165 of the Convention.
第35条 紧急命令
Regulation 35 Emergency orders
1. 如果秘书长接到承包者通知,或从其他来源获悉,承包者在“区域”内的活动引起或造成事故,构成对海洋环境造成严重损害的威胁,秘书长应指示发出有关该事故的一般性通知,应以书面通知承包者和担保国,并应立即向法律和技术委员会及理事会提出报告。
When the Secretary-General has been notified by a contractor or otherwise becomes aware of an incident resulting from or caused by a contractor's activities in the Area that poses a threat of serious harm to the marine environment, the Secretary-General shall cause a general notification of the incident to be issued, shall notify in writing the contractor and the sponsoring State or States, and shall report immediately to the Legal and Technical Commission and to the Council.
报告应分送管理局全体成员、主管国际组织以及各有关的分区域、区域及全球性组织和机构。
A copy of the report shall be circulated to all members of the Authority, to competent international organizations and to concerned subregional, regional and global organizations and bodies.
秘书长应监测所有这种事故的发展,并视情况向委员会和理事会提出有关报告。
The Secretary-General shall monitor developments with respect to all such incidents and shall report on them as appropriate to the Commission and to the Council.
2. 在理事会未采取任何行动之前,秘书长应立即采取一切合乎情况需要的实际而合理的暂时性措施,以防止、控制和减轻对海洋环境造成严重或不可逆损害的威胁。
Pending any action by the Council, the Secretary-General shall take such immediate measures of a temporary nature as are practical and reasonable in the circumstances to prevent, contain and minimize the threat of serious or irreversible damage to the marine environment.
在理事会根据本条第5款决定是否采取任何措施前,上述暂时性措施继续有效,但以90天为限。
Such temporary measures shall remain in effect for no longer than 90 days, or until the Council decides what measures, if any, to take pursuant to paragraph 5 of this regulation, whichever is the earlier.
3. 委员会在接到秘书长的报告后,应根据所收到的证据,并考虑到承包者已采取的措施,确定需要采取什么措施来有效地应付事故,以防止、控制和减轻对海洋环境造成严重或不可逆损害的威胁,并应向理事会提出其建议。
After having received the report of the Secretary-General, the Commission shall determine, based on the evidence provided to it and taking into account the measures already taken by the contractor, which measures are necessary to respond effectively to the incident in order to prevent, contain and minimize the threat of serious or irreversible damage to the marine environment, and shall make its recommendations to the Council.
4. 理事会应审议委员会的建议。
The Council shall consider the recommendations of the Commission.
5. 理事会考虑到委员会的建议及承包者提交的任何资料,可发布紧急命令,其中可包括暂停或调整作业的必要合理命令,以防止、控制和减轻“区域”内活动对海洋环境造成严重损害的威胁。
The Council, taking into account the recommendations of the Commission and any information provided by the Contractor, may issue emergency orders, which may include orders for the suspension or adjustment of operations, as may be reasonably necessary to prevent, contain and minimize the threat of serious harm to the marine environment arising out of activities in the Area.
6. 如果承包者不迅速遵从紧急命令,防止其“区域”内活动对海洋环境造成严重损害的威胁,理事会应自行采取或同他方作出安排代表它采取必要的实际措施,以防止、控制和减轻这种对海洋环境造成严重损害的情况。
If a contractor does not promptly comply with an emergency order to prevent a threat of serious harm to the marine environment arising out of its activities in the Area, the Council shall take by itself or through arrangements with others on its behalf, such practical measures as are necessary to prevent, contain and minimize any such serious harm to the marine environment.
7. 为了使理事会可以在必要时立即采取第6款所述的实际措施,防止、控制或减轻对海洋环境造成严重损害的威胁,承包者在开始测试采集系统和进行加工作业以前,须向理事会保证承包者具有财政和技术能力,可迅速遵从紧急命令,或确保理事会可以采取这种紧急措施。
In order to enable the Council, when necessary, to take immediately the practical measures to prevent, contain and minimize the threat of serious harm to the marine environment referred to in paragraph 6, the contractor, prior to the commencement of testing of collecting systems and processing operations, will provide the Council with a guarantee of its financial and technical capability to comply promptly with emergency orders or to assure that the Council can take such emergency measures.
如果承包者不向理事会提供上述保证,担保国应在秘书长提出请求后,根据《公约》第一三九条和第二三五条采取必要措施,确保承包者提供上述保证,或应采取措施确保向管理局提供协助,以便管理局执行第6款规定的职责。
If the contractor does not provide the Council with such a guarantee, the sponsoring State or States shall, in response to a request by the Secretary-General and pursuant to articles 139 and 235 of the Convention, take necessary measures to ensure that the contractor provides such a guarantee or shall take measures to ensure that assistance is provided to the Authority in the discharge of its responsibilities under paragraph 6.
第36条 沿海国的权利
Regulation 36 Rights of coastal States
1. 本规章不影响沿海国根据《公约》第一四二条和其他相关规定所享有的权利。
Nothing in these Regulations shall affect the rights of coastal States in accordance with article 142 and other relevant provisions of the Convention.
2. 任何沿海国如有理由认为承包者的任何“区域”内活动有可能对其管辖范围内或主权范围内的海洋环境造成严重损害的威胁,可书面通知秘书长,说明其看法依据的理由。
Any coastal State which has grounds for believing that any activity in the Area by a contractor is likely to cause a threat of serious harm to the marine environment under its jurisdiction or sovereignty may notify the Secretary-General in writing of the grounds upon which such belief is based.