Approval of plans of work
۱. Six months after the entry into force of this Convention, and thereafter each fourth month, the Authority shall take up for consideration proposed plans of work.
۲. When considering an application for approval of a plan of work in the form of a contract, the Authority shall first ascertain whether:
(a) the applicant has complied with the procedures established for applications in accordance with article ۴ of this Annex and has given the Authority the undertakings and assurances required by that article. In cases of non-compliance with these procedures or in the absence of any of these undertakings and assurances, the applicant shall be given ۴۵ days to remedy these defects;
(b) the applicant possesses the requisite qualifications provided for in article ۴ of this Annex.
۳. All proposed plans of work shall be taken up in the order in which they are received. The proposed plans of work shall comply with and be
governed by the relevant provisions of this Convention and the rules, regulations and procedures of the Authority, including those on operational requirements, financial contributions and the undertakings concerning the transfer of technology. If the proposed plans of work conform to these requirements, the Authority shall approve them provided that they are in accordance with the uniform and non-discriminatory requirements set forth in the rules, regulations and procedures of the Authority, unless:
(a) part or all of the area covered by the proposed plan of work is included in an approved plan of work or a previously submitted proposed plan of work which has not yet been finally acted on by the Authority;
(b) part or all of the area covered by the proposed plan of work is disapproved by the Authority pursuant to article ۱۶۲, paragraph ۲(x); or
(c) the proposed plan of work has been submitted or sponsored by a State Party which already holds:
(i) plans of work for exploration and exploitation of polymetallic nodules in non-reserved areas that, together with either part of the area covered by the application for a plan of work, exceed in size ۳۰ per cent of a circular area of ۴۰۰,۰۰۰ square kilometres surrounding the centre of either part of the area covered by the proposed plan of work;
(ii) plans of work for the exploration and exploitation of polymetallic nodules in non-reserved areas which, taken together, constitute ۲ per cent of the total seabed area which is not reserved or disapproved for exploitation pursuant to article ۱۶۲, paragraph (۲)(x).
۴. For the purpose of the standard set forth in paragraph ۳(c), a plan of work submitted by a partnership or consortium shall be counted on a pro rata basis among the sponsoring States Parties involved in accordance with article ۴, paragraph ۳, of this Annex. The Authority may approve plans of work covered by paragraph ۳(c) if it determines that such approval would not permit a State Party or entities sponsored by it to monopolize the conduct of activities in the Area or to preclude other States Parties from activities in the Area.
۵. Notwithstanding paragraph ۳(a), after the end of the interim period specified in article ۱۵۱, paragraph ۳, the Authority may adopt by means of rules, regulations and procedures other procedures and criteria consistent with this Convention for deciding which applicants shall have plans of work approved in cases of selection among applicants for a proposed area. These procedures and criteria shall ensure approval of plans of work on an equitable and non-discriminatory basis.