Highlights and images for 18 July 2024

“To be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others.” Delegates honored Nelson Mandela International Day with South Africa highlighting his contribution to a culture of peace and freedom, fight against poverty, and promotion of social justice. She also highlighted Mandela’s commitment to environmental protection, reminding delegates that environmental rights are enshrined in the South African constitution.

Inspired by Mandela’s wisdom, delegates had a welcome break from the technical negotiations on the draft exploitation regulations for commercial deep-sea mining in the morning and turned to discussing the report of the Chair of the Legal and Technical Commission (LTC) on its meeting for the second part of the 29th annual session of the International Seabed Authority (ISA), which was held prior to the Council meeting.

LTC Chair Erasmo Lara Cabrera (Mexico) delivered the report (ISBA /29/C/7/Add.1), noting it should be read in conjunction with the report from the first part of the 29th session (ISBA/29/C/7).

He provided an overview of the LTC work, focusing on:

• the status of the exploration contracts and periodic reviews of the implementation of exploration plans of work;
• training programmes under exploration plans of work;
• annual reports of contractors, focusing on legal, financial, training, technological, geological, and environmental aspects;
• regulatory activities of the ISA, including the development of environmental threshold values; and
• environmental management planning, including the development of a standardized approach for the development, approval, and review of regional environmental management plans (REMPs).

LTC Chair Lara highlighted, among other things: the development of a five-year report template for periodic review reports; the development of environmental threshold values by the subgroups of the intersessional expert group; and the provisional adoption of a standardized procedure for REMPs, including a template of minimum requirements and recommendations on technical guidance.

In the ensuing discussion, delegates expressed appreciation and support for the LTC’s diligent work and commitment. Many highlighted the increase in training opportunities, including advancing gender equality, and welcomed the work on the standardized procedures for REMPs and on environmental threshold values.

Some stressed the need for contributions to the voluntary trust fund covering the costs of participation of LTC members from developing countries to ensure inclusive participation. Many members further requested additional time to analyze the report.

A couple of delegates stressed that the standardized procedure would accelerate the development of REMPs in marine areas with ongoing exploration contracts, which is crucial given that the draft exploitation regulations state that the consideration of an exploitation plan of work is only possible once a REMP is adopted for a given area and a given type of mineral resource.

Some delegates stressed the importance of clarity in defining which aspects of REMPs should be binding and which can be left to LTC’s discretion. Others lamented the lack of criteria to address cases of non-compliance and reiterated the call for open meetings of the LTC on non-confidential topics to promote inclusiveness and transparency.

Observers expressed concerns over the lack of research on key aspects of the marine environment and over the modalities to apply the principles and objectives of the procedures for REMP development.

LTC Chair Lara underscored that the LTC would analyze the Council’s request to identify non-compliant contractors. On the LTC providing technical guidance, he noted that guidelines are to be updated when new scientific information becomes available. He stated that the standardized approach for REMPs includes the participation of stakeholders, noting the LTC has the tools to integrate all views in the development of REMPs.

Delegates devoted the rest of the day to negotiating draft exploitation regulations, discussing provisions related to the closure plan of an exploitation contract, payments and fees to the ISA, and information gathering and handling. Discussions focused on:

• the closure plan (regulation 59);
• the final closure plan: cessation of production (regulation 60);
• post-closure monitoring (regulation 61);
• recording in the seabed mining register (regulation 83);
• the beneficial ownership registry (regulation 83 bis);
• the annual reporting fee (regulation 84);
• the annual fixed fee (regulation 85);
• the application fee for approval of a plan of work (regulation 86);
• other applicable fees (regulation 87);
• review and payment (regulation 88); and
• confidentiality of information (regulation 89).

In the evening, a side event hosted by the Permanent Mission of Spain to the ISA addressed the current situation of the impact of deep-sea mining on the preservation of the tangible and intangible deep-sea cultural heritage.