Highlights and images for 10 July 2025

Robust inspection, compliance, and enforcement (ICE) rules, regulations, and procedures for deep-sea mining are essential for protecting the marine environment and maintaining public confidence in the regulatory role of the International Seabed Authority (ISA).

Consequently, ISA Council members devoted Thursday morning to an informal working group on ICE hashing out the compliance committee regulation, with convergence around establishing a dedicated compliance committee under the Council. However, there is still uncertainty about whether this committee can be established within the regulations for commercial deep-sea mining or whether a separate Council decision is required.

Throughout the rest of the day, Council members continued their consideration of the regulations. On regulation 89 (confidentiality of information), one member emphasized that the general rule regarding data and information is one of open access and sharing, with confidential information as an exception. Several delegates opposed designating environmental data related to the preservation of the marine environment as confidential information. Some also opposed designating exploration data and information as confidential, arguing that such data should be public in order to support its use for joint exploitation agreements and technological advancements for the sector.

Regarding regulation 90 (procedures to ensure confidentiality), delegates noted that some of the provisions specifying who is barred from disclosing confidential information and to whom it must not be disclosed, are too narrow. They suggested expanding confidentiality obligations to “all relevant organs of the Authority” and defining “any person external to the Authority.” One member proposed that the Secretary-General shall establish and maintain a confidential information register to record all instances of confidential designation. 

Discussions on regulation 91 (information to be submitted upon expiration or termination of an exploitation contract) focused on what information should be submitted and how to make the determination. One delegate proposed deleting the list of required information favoring its inclusion in the related standards, while others preferred retaining the list. One member called for deleting the provision that the contractor and the Secretary-General shall consult on what information should be transmitted, stressing the need for uniformity in data and information submission. 

Several members supported regulation 92 (seabed mining register), suggesting however, that it could benefit from streamlining. Among other things, delegates suggested deleting the reference to confidential information and including a copy of each Council decision regarding exploitation in the register.

A participant stressed the importance of such a register for an adequate performance of the Enterprise. An observer proposed a new provision to clearly state that documents pertaining to the environmental impact assessment process should be posted within the registry.

Discussion of regulation 92 bis (publication of environmental data and information) focused on the inclusion of a requirement for contractors to provide environmental data and information obtained outside the contract area, but in connection with the activities in it, as well as the inclusion of a reference to data collected during post-closure monitoring.

On regulation 93 (notice and general procedures), members proposed including a general reference that the regulation applies to all communications by and with the Authority. A new paragraph was proposed requiring all communications to the Secretary-General or designated representative to be sent to the Authority’s headquarters or the Seabed Mining Register.

Delegates proposed amending the title of regulation 93 bis (stakeholder consultation) to clarify that the regulation includes stakeholder consultations by applicants or contractors. They converged on providing that the consultation period may not be less than 90 days beginning on the date of publication of a notice of consultation. Some observers emphasized the key role of Indigenous Peoples and traditional knowledge.