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PART V - RESPONSIBILITIES OF FLAG STATES

On Article 18, dealing with duties of flag States, the Chair said editorial amendments had changed "State" to the plural and deleted the definite article. Israel said the change was not in accordance with Article 94 of UNCLOS and delegates agreed that the title and description should remain unchanged. The changes to paragraph 2 and the chapeau of paragraph 3 and paragraph 3 (a) were approved. Australia said that the establishment of regulations for flag States required cross-referencing to Articles 21 and 21 (bis).

Thailand said that paragraph 3(b)(iv) required change because a country cannot control its nationals inside another country's maritime zone and suggested the words "endeavor to" be inserted at the beginning. Canada expressed sympathy with this position, but The Republic of Korea and Japan said the text had been harmonized at the Geneva intersessional and they did not wish for further amendment now. The Chair said the paragraph should be read in context with the chapeau. The text remained as presented.

Thailand, supported by Syria, said reference to "national laws" in paragraph (c) was too general. "In compliance with national laws" was preferable. The Chair said this suggestion changed the nuance and could later frustrate a State's obligations. A proposal by Peru "taking into account the relevant national laws of the flag State" was accepted. Editorial changes to paragraphs (e), (f) and (i) were accepted. On the question of monitoring in subparagraphs 3(g)(i),(ii) and (iii) substantial discussion ensued whether the areas should be treated subregionally, regionally, globally or internationally. Delegates eventually agreed that paragraph 3(g)(iii) be reinstated to include "subregionally, regionally and globally agreed among States concerned". Paragraph 4 remained unaltered.