153
agreement or arrangement to which it has become a party, as provided in
article 151.
2. When a selection must be made among applicants for production
authorizations because of the production limitation set forth in article 151,
paragraphs 2 to 7, or because of the obligations of the Authority under a
commodity agreement or arrangement to which it has become a party, as
provided for in article 151, paragraph 1, the Authority shall make the
selection on the basis of objective and non-discriminatory standards set forth
in its rules, regulations and procedures.
3. In the application of paragraph 2, the Authority shall give priority to
those applicants which:
(a) give better assurance of performance, taking into account their
financial and technical qualifications and their performance, if
any, under previously approved plans of work;
(b) provide earlier prospective financial benefits to the Authority,
taking into account when commercial production is scheduled
to begin;
(c) have already invested the most resources and effort in
prospecting or exploration.
4. Applicants which are not selected in any period shall have priority
in subsequent periods until they receive a production authorization.
5. Selection shall be made taking into account the need to enhance
opportunities for all States Parties, irrespective of their social and economic
systems or geographical locations so as to avoid discrimination against any
State or system, to participate in activities in the Area and to prevent
monopolization of those activities.
6. Whenever fewer reserved areas than non-reserved areas are under
exploitation, applications for production authorizations with respect to
reserved areas shall have priority.
7. The decisions referred to in this article shall be taken as soon as
possible after the close of each period.
Article 8
Reservation of areas
Each application, other than those submitted by the Enterprise or by any
other entities for reserved areas, shall cover a total area, which need not be a
single continuous area, sufficiently large and of sufficient estimated
commercial value to allow two mining operations. The applicant shall
indicate the coordinates dividing the area into two parts of equal estimated
commercial value and submit all the data obtained by him with respect to both
parts. Without prejudice to the powers of the Authority pursuant to article 17
of this Annex, the data to be submitted concerning polymetallic nodules shall
relate to mapping, sampling, the abundance of nodules, and their metal
content. Within 45 days of receiving such data, the Authority shall designate
which part is to be reserved solely for the conduct of activities by the
Authority through the Enterprise or in association with developing States.
This designation may be deferred for a further period of 45 days if the
Authority requests an independent expert to assess whether all data required
by this article has been submitted. The area designated shall become a
reserved area as soon as the plan of work for the non-reserved area is
approved and the contract is signed.
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