310 • Marine Minerals: Exploring Our New Ocean Frontier 



• France declared an EEZ on July 16, 1976. The law 

 states that the provisions of the Continental Shelf 

 law are applicable to the EEZ. 



Jurisdiction 



• Continental shelf: The central government appears 

 to have complete jurisdiction over the continental 

 shelf. The application of the continental shelf law 

 is to be set by decree of the Conseil d'Etat.^"* The 

 Directeur des Mines and the Directeur des Car- 

 burants, supervised by the Conseil General des 

 Mines, administer French mining laws. All are lo- 

 cated within the Ministere du Developpement In- 

 dustriel et Scientifique.^' 



Permit Process 



• Exploration or exploitation: Permits must be ac- 

 companied by a work program, submitted 45 days 

 in advance of the proposed activity. The program 

 is reviewed by a commission, including represent- 

 atives from the Ministries of Economy and Fi- 

 nances, Telecommunication, and Maritime Policy. 

 The chief of mines may solicit the opinion of these 

 representatives in writing; however, if anyone ob- 

 jects to the proposal, the representatives must con- 



Terms 



• Exploration: Nonexclusive prospecting permits are 

 issued.^' [Details regarding duration, rights, size 

 and fees are unknown.] 



• Exploitadon: There are three types of mining ti- 

 des: 1) provisional authorization pending the grant 

 of a concession, 2) a mining concession, and 3) ex- 

 ploitation permit. Concessions are free and last in 

 perpetuity. Permits are valid for 5 years, renewa- 

 ble for 2 more 5-year terms; a small indemnity 

 must be paid to the owner of the surface area and 

 the grantee is responsible for any damages result- 

 ing from his activities. ^^ A fixed royalty fee per met- 

 ric ton is required for all minerals exploited; the 

 value of the particular metal is taken into consid- 

 eration. A Finance Law fixes the rate, as well as 

 a formula for dividing revenues between central 

 and local authorities^^ 



"Ibid., Article 38. 



"'N. Ely, Summary of Mining and Pelroleum Laws of the World, Bureau 

 of Mines Information Circular, 1974, U.S. Department of the Interior, Part 

 5, Europe, IC, 8613. 



"Decree of May 6, 1971 (no. 71-360), Articles 7 and 8 



"N. Ely, op. dt. 



"Ibid. 



"Continental Shelf Law, 1968, op. cit. Articles 21 and 23). 



Conditions 



Equipment must comply with special safety and mar- 

 itime regulations.^* The continental shelf law does not 

 appear to specify other conditions. 



Activities 



France's activities have been limited to sand and 

 gravel exploration and mining." 



Federal Republic of Germany 



Laws 



• The FRO claims a 3-mile territorial sea." 



• The FRO declared its rights over the Continental 

 Shelf on January 20, 1964 and issued provisional 

 regulations of rights on July 24, 1964.^' 



• The FRG has not declared an EEZ.^' 



Jurisdiction 



• Territorial waters: Jurisdiction in German laws 

 may be split one of three ways: 1) the federal gov- 

 ernment has exclusive jurisdiction, 2) the federal 

 government makes the laws and the coastal states 

 enforce them, 3) the federal government sets a 

 framework and the coastal states make the laws. 

 Offshore mining in territorial waters fits into cate- 

 gory 2.^^ 



• Continental shelf: The federal government has ex- 

 clusive jurisdiction.*" 



Permit Process*' 



• Exploration and exploitation: Permits are awarded 

 by the Chief Mining Board of Clausthal-Zellerfeld 

 (for the technical and commercial aspects of min- 

 ing) in conjunction with the German Hydrographic 

 Institute (for the use and utilization of the waters 

 and airspace above the continental shelf). *^ Permits 

 are awarded on a discretionary, informal basis, 

 sometimes considering factors such as a company's 



"N. Ely, op. cit. 



■'^P. Hale and P. McLaren, op. cit. 



"Law of the Sea Bulletin, 1983, op. cit., p. 34. 



"Continental Shelf Declaration, Jan. 20, 1964, and the Act on Provisional 

 Determination of Rights Relating to the Continental Shelf, July 24, 1964 

 (amended Sept. 2, 1974). 



'"Law of the Sea Bulletin, 1983, op. cit. 



'^Mr. Max Kehden, Transportation Office, FRG Embassy, personal com- 

 munication to OTA, Aug. 12, 1986. 



*''Continental Shelf Declaration, 1964, op. cit., p. 37. 



*'The following details on process, terms, and conditions apply to the con- 

 tinental shelf. 



*^Act on Pl-ovisional Determination of Rights Relating to the Continental 

 Shelf, July 24, 1964; amended Sept. 2, 1974. 



