International Seabed Authority

Fiji – Key statements

4 Nov 2022

July 2023

27/7/23

  • Fiji states “it is heartening to know that the 2024 draft strategic plan recognises the need for the rules, regulations and procedures to be developed and adopted as a matter of priority to prevent, reduce and control pollution and other hazards in the marine environment.” and “We support the strategic plan and we’ll support its implementation.”
  • Fiji stated that they are committed to continuing the elaboration of the mining code in a transparent and inclusive manner. 
  • Fiji stated that marine scientific research remains a key priority for the delegation.

17/7/23

  • Fiji commented on the request by the Council for the LTC to disclose the names of the contractors who were non-compliant, stating “This was decided in the 27th session. The Council requested the commission to name contractors in non compliance in the commission’s report to Council. Note, two contractors were in breach of non-compliance in submitting their periodic reports out of time, but were not named as requested. Fiji would like to stress that with the progress in the work for the draft regulations, it is important that all stakeholders deliver on their obligations in compliance to the regulatory provisions in their contract”. 
  • Fiji noted two things to consider in the development of criteria for identifying non-compliant contractors:
    • Missing of deadline. 
    • Failure to adequately address issues of concern. 
  • Fiji noted that failing to meet deadlines is a clear metric and consider that Council should be notified without delay of contractors who do not submit on time. 
  • Fiji raised a concern that the LTC noted that subcontractors have not taken into account commission comments from prior report reviews.

March 2023

24/3/23

  • Our position is for a precautionary approach to ensure that balance is obtained before the commercialisation of DSM resources. 
  • Simply put: the precautionary approach is balance. We must emphasize protection of marine biodiversity throughout the text.

17/3/23

  • Fiji Questioned the financial model presented, and how it incorporates fair distribution to the parties involved in the contract

16/3/23

  • Stated that they are committed to the Alliance of small island states and want to move we caution and understand our ocean better.
  • “We cannot stress enough the importance of having relevant safeguards and control in place before any consideration for deep-sea mining”.

October/November 2022

4/11/22

  • Fiji called for an extension of the July deadline for working groups to complete their work.

Cuba – Key statements

4 Nov 2022

July 2023

26/7/23

  • Cuba stated “we are moving from the phase of exploration to exploitation”
  • The delegation also stated that countries should not be under undue pressure to complete rules and regulations and must have clarity on the consequences and impacts of deep-sea mining in the Area

13/7/23

  • Extraction mining equipment must be appropriate to the purpose involved, must be efficient in economic terms, and it must be ensured that harmful effects that may be caused to the marine environment are limited.

October/November 2022

4/11/22

  • Cuba called for caution stating that we cannot allow mistakes to be made that will fall on the shoulders of future generations. 
  • The delegation called for transparency in harnessing and protecting the general environment as a whole stating that we cannot move forward until there is a robust framework in place for this in place. We need to guarantee equitable sharing of common heritage of humankind for all, in particular developing countries.

July/August 2022

4/8/22

  • Thanked the delegation of Chile for the proposal with regard to continuing to hold discussions on 2 year rule. They also stated “We need to continue the negotiations of the exploitation regulations.”

DSCC Interventions – 3.11.22

3 Nov 2022

Transfer of rights & obligations under a contract

Thank you Mr President and good morning delegates. We are speaking on behalf of the DSCC and Oceans North. 

The procedure and criteria for consideration of a request for the transfer of rights and obligations under a contract for exploration and supporting documents lack a discussion, let alone formulation, of a key issue of a transfer is effective control, as Costa Rica outlined.

Continue reading DSCC Interventions – 3.11.22

 DSCC Interventions – 2.11.22

2 Nov 2022

INFORMAL WORKING GROUP ON THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT 

Annex IV

This Annex cannot be developed properly as there is simply not enough scientific information to do so, for any of the three types of mining (being nodules, cobalt-rich crusts, and hydrothermal vents).  As we have seen with the recent NORI EIA, there is no environmental baseline available.

Also in terms of overview, as some delegations have said in other agenda items, the distinction between EIA and EIS is artificial and leads to confusion and duplication and they should be combined.

In terms of process, there is no proper structure to consider EIAs; no independent scientific evidence; no hearing; and no appeal or review of decisions or recommendations. There is no scientific committee, and place for stakeholders to submit independent scientific information and make comments on the applicant’s scientific evidence. 

Rigorous examination of scientific evidence, including by peer review as Costa Rica noted, and the participation of independent scientists and submission of independent scientific reports is crucial.  A forum for such independent science to be submitted by concerned States and submitters is  a fundamental element of a robust EIA process.

Tonga – key statements

2 Nov 2022

November 2023

2/11/23

  • Highlighted that: “The Authority should not be forced to wait until the environmental standards are adopted to approve an application for a plan of work for exploitation.”

July 2023

27/7/23

  • Tonga stated they support the adoption of the RRPs for exploitation.
  • Tonga supports adoption of strategic plan

25/7/23

  • Tonga highlights support in consolidating national frameworks and regulations relating to activities in the area and the need to progress negotiations towards the completion of the mining code by the Council.

October/November 2022

2/11/22

  • Tonga stated that there are too many requirements of contractors which is confusing, during discussions on Environmental Impact Statements.

July/August 2022

3/8/22

  • Stated that they are not supporting Belgium’s proposal but do see merit in the proposals and would be interested in the proposals from Australia and the Netherlands.

1/8/22

  • Tonga stated that they “had not had ample time to coordinate this request with capital, so there is a sense of uneasiness, without receiving proper direction, however, I recognize the intent of the proposal is to open discussion but we recognize that we are still in the middle of two-year rule so there is still time to take action. I feel that in due course we will have to come to that in terms of trying to force the way forward after the two-year period.”
  • They also stated that sea levels will continue to rise and that SIDS are more vulnerable with current baselines threatened.

27/7/22

  • Stated that they were not in favor of including the word “relevant” or “adjacent” commenting It is not clear how these would be determined stating that “Article 142 of UNCLOS provides rights for coastal states across whose jurisdiction resource deposits lie. Tonga does not consider that the Authority is required to consult prior to developing measures to implement the regulations. The powers of the ISA to create and adopt rules, regulations, and procedures are outlined in the convention. It would be inappropriate to restrict powers by way of regulations.”
  • The DSCC commented that scientific research has shown that sediment from the discharge plume can travel over 1,400 km, so using the word adjacent may not cover all affected States, and therefore potentially affected states may therefore not be adjacent.
  • Earthworks stated that they did not know why the regulations would not include relevant coastal states broadly due to impacts on the wider pacific, impacts on migratory populations of tunas and turtles could be affected by mining activities in the CCZ.

22/7/22

  • Tonga stated that they were “concerned by the apparent lack of progress with respect to the identification and preparation by the Commission of the phase two standards and guidelines.”

Comunicado de prensa: Se multiplican las voces a favor de una “pausa precautoria” a la minería submarina

2 Nov 2022

Ecologistas en Acción- Madrid/Kingston, 2 de noviembre de 2022

Alemania, Costa Rica y Panamá se han sumado al llamamiento español durante la reunión de la Autoridad Internacional de los Fondos Marinos que empezó este lunes

Esta semana se ha inaugurado en Kingston, Jamaica, la reunión del Consejo de la Autoridad Internacional de los Fondos Marinos (ISA), organismo intergubernamental responsable por la regulación de los fondos marinos en aguas internacionales. La reunión internacional se produce en un momento crítico, en el que varios Estados pretenden forzar que se autorice el inicio de la explotación en 2023.

Continue reading Comunicado de prensa: Se multiplican las voces a favor de una “pausa precautoria” a la minería submarina

Canada – Key statements

2 Nov 2022

November 2023

8/11/23

  • With regards to a Health and Safety Plan, Canada questioned the objective of such a plan and how the ISA will ensure compliance with such a plan, and whether the ISA would be substituting itself for a flag state.

6/11/23

  • If the royalty is not recouped, the contractor would be losing the license. If anybody in the future takes that license, would it be liable for that debt. 

3/11/23

  • We don’t know any area of jurisdiction that has two sets of royalties depending on the grades. The decision is a commercial grade. Anywhere you can find a deposit that cannot be mined because not economically feasible. If you start to favor lower concentrations, you start disfavoring land mining. This is a function of geology, and all countries and companies have to deal with it. They just have to go mine elsewhere. If we incentivize areas of lower concentration, we are going to incentivize areas that disturb bigger areas of seabed for the same return and thus have a higher environmental impact.

1/11/23

  • Draft regulation 49:  would prefer harmful effects over serious harm. 
  • Agree with inclusion of marine litter and underwater noise, as written. Does not limit the definition of pollution

July 2023

27/7/23

  • Canada expresses frustration in regards to the lack of consensus on the adoption of agenda item establishing a general policy by the Assembly related to the consultation of the marine environment under the two year rule, proposed by Chile, Costa Rica, France, Palau, and Vanuatu. “Canada is very preoccupied with the way that we are advancing in time. And we’ve not been able to reach a consensus decision on our way forward to deal with two matters that are of interest.”

25/7/23

  • Canada states it firmly believes that the development of rigorous rules, regulations and procedures ensuring the protection of the environment and applying precaution and ecosystem based approaches is a prerequisite to any exploitation of the seabed. 
  • Canada states that the development of a robust inspection and compliance mechanism and the establishment of transparent stakeholder consultation mechanisms are vital in order to ensure the effective implementation of the regulatory framework. 
  • Canada reiterates its position that in the absence of both a comprehensive understanding of seabed mining, environmental impacts, and a robust regulatory regime, Canada supports a moratorium on commercial seabed mining in areas beyond national jurisdiction. 
  • Canada welcomes the draft decision by Chile, France, Palau and Vanuatu on the establishment of a precautionary recess of exploitation activities in the area. “Canada would support a decision of the Assembly that the Authority will not approve a plan of work for exploitation until rules, regulations and procedures are approved and adopted.At the very least, we believe that given its importance, the issue should be discussed during this Assembly meeting” 

14/7/23

  • Canada supports a moratorium on commercial seabed mining, which confirms Canada’s long standing position that the environment is protected by a rigorous regulatory structure with a science based structure and a robust inspection mechanism. 
  • Canada will negotiate in good faith rules, regulations and procedures and fulfill its UNCLOS obligations.

March 2023

24/3/23

  • Believes there is no obligation on council to automatically approve a Plan of Work.  The provisional approval of Plan of Work does not equal final approval and thus does not imply necessarily a contract.  

23/3/23

  • Agreed with Germany that some environmental impact assessment requirements should be binding.
  • Called for more details on discharge of spoiled waters and assessment of harm to environment as well as information on how activities might disturb and how to monitor
  • Canada recommended “that in the case of a termination of a contract, the council should have the capacity to bar company principals from direct or indirect involvement with any contractor or subcontractor operating in the area for a period of up to 10 years”

16/3/22

  • Canada reiterated that it does not currently have legislation to govern deep-sea mining in ABNJ and therefore would not authorize deep-sea mining.
  • The delegation stated that deep-sea mining should only take place if effective protection is provided through a rigorous regulatory structure using science and with full transparency.
  • Canada also stated that knowledge of the deep sea and the marine environment and potential impact of deep-sea mining is critical for any review or consideration of any application.
  • The delegation highlighted that currently the allotted time for the intersessional work on the 2-year rule is not sufficient. “We are open to discuss with others on how we can allocate more time on this so we can hopefully arrive at a consensus.”

October/November 2022

4/11/22

  • Canada stated that seabed mining should only take place if consistent with article 145 of UNCLOS and ensures effective protection of the marine environment.
  • The delegation stated that they were not in favor of approving a plan of work without necessary regulations in place & robust inspection mechanisms.

3/11/22

  • Canada highlighted concerns around having a clear understanding of what the measures to prevent environmental degradation would be.

2/11/22

  • Backed a proposal by Costa Rica to devote a full day of the Council meeting to discussions on the options ISA Council Members would have in the event that in July, no agreement on draft regulations is reached, as well as a discussion on the legal options the Council and or Authority would have.

July/August 2022

3/8/22

  • Stated that “maybe we should consider the possibility that the contractor intervenes individually, therefore with an amendment to the rules of procedure.”

1/8/22

Stated that they are seeking the conclusion of a BBNJ treaty in 2022 and are committed to the development of robust regulations of mineral resources that ensures effective protection of marine environment and sound governance.

22/7/22

  • Any regulations must ensure effective protection using the precautionary approach using scientific based decision making. This aligns with the high level panel.”
  • “Being a coastal state to 3 oceans, on which we rely on, Canada is a friend of the ocean. We reiterate our commitment to ocean health at the recent UNOC, including our support for 30×30.”
  • “We take note of recent interventions on the 2 year rule and calls for a moratorium, and we look forward to productive discussions so we can decide collectively on the best approach in the spirit of the agreement.”
  • The delegation stated that “it is impossible to offset for damage to the seabed if you consider all the scientific information” and therefore they could not support the term “offset” in regulations.

20/7/22

  • Canada opened the day’s session by stating that they “Would like to confirm that there will be web transmission today” to which the Chair confirmed that WebTV was on.

18/7/22

  • Together with Belgium, Chile, Costa Rica, Italy, Spain, New Zealand and Dominican Republic called for full transparency in negotiations and the reinstatement of UN Web TV so that remote delegates, observers and media could follow meeting proceedings