Highlights and images for 21 July 2023

The urgency to reach agreement on the next steps on the development of the exploitation regulations, including addressing the two-year rule, led the International Seabed Authority (ISA) Council members to a marathon negotiating session, largely behind closed doors, on the final day of the meeting.

The Council met in plenary in the morning to discuss issues related to the Enterprise, which is the commercial arm of the International Seabed Authority (ISA), and listen to progress reports from the co-facilitators of the informal working groups that met over the past two weeks.

Council members decided to establish the position of an interim director general of the Enterprise, noting agreement on the required supplementary budget for the financial period 2023-24 and requesting the Secretary-General to include such provision for the financial period 2025-26 as a separate part of the budget.

Delegates heard reports on the work of intersessional groups by:

• Chair Olav Myklebust (Norway) on the Open-ended Working Group on the financial terms of a contract;
• Facilitator Raijeli Taga (Fiji), on the Informal Working Group on the protection and preservation of the marine environment;
• Council President Juan José González Mijares (Mexico), on behalf of Facilitator Maureen Tamuno (Nigeria), on the Informal Working Group on inspection, compliance, and enforcement;
• Co-Facilitators Georgina Guillén-Grillo (Costa Rica) and Salvador Vega Telias (Chile), on the Informal Working Group on institutional matters; and
• President Mijares on the President’s text.

Council members took note of the reports.

On the two-year rule, Singapore, co-facilitator of the informal discussions, noted that, following two informal meetings, a draft decision was circulated, adding that additional time for informal discussions will be required to reach consensus. President Mijares suggested, and delegates agreed to, adjourn plenary to allow for informal consultations.

Delegates engaged in informal discussions on draft decisions on the two-year rule and the updated roadmap for the development of the exploitation regulations for several hours.

In the evening, the plenary reconvened and Council members adopted two decisions, one on the two-year rule and another on a timeline for completing the exploitation rules, regulations, and procedures (RRPs), following the expiration of the two-year deadline. Delegates adopted the decisions as a package, stressing the delicate balance achieved.

On the timeline, the Council expressed its intention to continue the elaboration of RRPs with a view to their adoption during the 30th ISA session in 2025. Council members requested the Secretariat to convene Council meetings in November 2023 as well as in March and July 2024. They decided that if the exploitation RRPs are not completed by the end of the July 2024 meeting, the Council will assess remaining work and consider another roadmap to that end. They further decided that if an application for a plan of work for exploitation is submitted before the adoption of the exploitation RRPs, the Council will address the understanding and application of the two-year rule as a matter of priority with a view to reaching a decision at its first subsequent meeting.

On the two-year rule, the ISA Council reiterated its request to the Secretary-General to inform Council members within three business days of the receipt of an application for a plan of work for exploitation in the absence of RRPs. The Council decided to further consider actions that it may take if an application were to be submitted before the Council has completed the exploitation RRPs. The Council also decided, if such an application for a plan of work is submitted, to continue consideration of the understanding and application of the two-year rule as a matter of priority and accordingly reach a decision, including the possible issuance of guidelines or directives, prior to the Legal and Technical Commission (LTC) finalizing its review of the plan of work, without prejudice to the LTC’s mandate.

In closing remarks, President Mijares thanked all involved for their hard work, commitment, and support and closed the second part of the 28th session of the ISA Council at 8:32 pm.

The Council will submit the report of its work to the ISA Assembly, which will convene on Monday, 24 July 2023.

In the evening, the Sustainable Ocean Alliance hosted the art exhibition called “Ocean depths unveiled, preserving the abyss.