29th session - Part II - Summary and key takeaway
International Seabed Authority - Kingston
Managing mineral resources; regulating exploration and exploitation and promoting marine scientific research.
The Council of the International Seabed Authority (ISA) approved the application for exploration for polymetallic sulphides along the Carlsberg Ridge in the Indian Ocean, submitted on 18 January 2024 by the Earth System Science Organisation, the Ministry of Earth Sciences of the Government of India. The application was processed in accordance with UNCLOS, the 1994 Agreement and the rules, regulations and procedures of ISA. The Council based its decision on the recommendations of the Legal and Technical Commission (LTC). The approved Plan of work will be formalized into a contract between ISA and the Ministry of Earth Sciences of India, ensuring compliance with established regulations for the exploration for polymetallic sulphides in the Area.
Additional decisions of the Council included the decision on the budget proposed by the Secretary-General, the decision on the report of the Chair of the LTC on the work of the LTC and the decision on the candidates for the position of the Secretary-General.
The LTC acknowledged to have received an application for exploration for cobalt-rich ferromanganese crusts in the Afanasy Nikitin Seamount in the Central Indian Ocean submitted by the Earth System Science Organisation, the Ministry of Earth Sciences of the Government of India. The application was reviewed during the LTC sessions held in March and July 2024. Following the communication by Sri Lanka to ISA of its national position pertaining to the overlap between the exploration area under application with the pending submission of Sri Lanka to the Commission on the Limits of the Continental Shelf, the LTC noted that it was not in a position to consider the application at this juncture.
The second part of the twenty-ninth session of the LTC took place from 1 to 12 July 2024. The Chair reported the following matters to the Council. Over 41 members attended, while others were absent due to budgetary or health reasons. The session faced disruptions from hurricane Beryl in Jamaica, leading to virtual meetings on 3, 4 and 5 July. The LTC reviewed the status of exploration contracts as of 31 May 2024, noting little change since March 2024. Three contractors submitted their 5-year periodic reports in early 2024, which are under review. A new 5-year reporting template was developed to ensure concise reporting.
The LTC considered a prospecting survey report from Argeo Survey AS, conducted between April and May 2023.
The LTC was updated on the status of the contractors’ training programmes. In the intersessional period, 40 training placements were implemented by 10 contractors, with 20 of 25 placements benefiting candidates from developing States. Efforts were made to achieve gender balance, with 50 per cent of placements going to qualified female candidates. The LTC also selected two candidates for specific training opportunities and noted the launch of the ISA Capacity Development Alumni Network (iCAN) to enhance engagement with former trainees.
During this session, the LTC reviewed 30 annual reports from contractors on their activities conducted in 2023. Three working groups were established to assess various aspects of these reports. The LTC noted that some contractors were seeking adjustments to their workplans on the basis of their economic projections and that the exploitation regulations were still in development. The LTC emphasized the need for these adjustments to align with contractual obligations. Disruptions from hurricane Beryl led to the decision to continue work in the intersessional period and revisit these issues in early 2025. The LTC identified contractors requiring specific attention and reminded them of their reporting obligations, particularly regarding expenditure levels, data submission and environmental baseline studies.
The LTC acknowledged the relinquishment of areas under three contracts for the exploration of polymetallic sulphides and cobalt-rich ferromanganese crusts. These contracts were held by the Federal Institute for Geosciences and Natural Resources (BGR), Japan Oil, Gas and Metals National Corporation (JOGMEC) and China Ocean Mineral Resources Research and Development Association (COMRA). The contractors had adhered to the regulations on exploration and the recommendations on relinquishment. The LTC encouraged contractors to consider the ecological characteristics of an area when identifying cells for relinquishment, though this remains voluntary.
The LTC reviewed two applications submitted by the Government of India, approving the application for a plan of work for polymetallic sulphides.
The LTC reviewed progress on developing environmental threshold values, noting significant advancements within the subgroups of the intersessional expert group (IEG). An in-person IEG meeting was held in Kingston from 27 to 29 June 2024 and proved valuable in aligning progress across subgroups and addressing potential interactions between environmental pressures from mining. The draft IEG report will be considered at the next meeting of the LTC and subsequently released for stakeholder consultation. The LTC provisionally adopted a standardized procedure for developing, approving and reviewing Regional Environmental Management Plans (REMPs) during the first part of its session. A template with minimum requirements was also adopted. The LTC worked extensively during the intersessional period, including a virtual meeting on 20 June 2024, to develop recommendations for technical guidance to complement the standardized procedure and template. These recommendations, adopted on 10 July, will be aligned with future regulations on the exploitation of mineral resources and updated as scientific knowledge advances.
In March 2023, the Council established the role of Interim Director-General, appointing Mr. Eden Charles from Trinidad and Tobago in January 2024. His responsibilities include overseeing deep-seabed mining trends, evaluating environmental and technological developments, assessing data on reserved areas and studying managerial and policy options for the future operations of the Enterprise. The Interim Director-General participated in discussions on the draft exploitation regulations (DRs). Efforts are focused on developing a managerial framework and ensuring the availability of skilled personnel for the future independent operations of the Enterprise. Continuous monitoring of global metal markets and technological advancements is under way to stay informed about market conditions and emerging technologies relevant to deep-seabed mining. The Interim Director-General is reviewing data on reserved areas for potential joint ventures and conducting assessments to evaluate their environmental and economic viability. Evaluations are also conducted to explore various joint venture models, focusing on ownership structures, risk-sharing and profit distribution. Although there is no obligation for the Enterprise to receive technology transfers, efforts are made to explore new technologies for mining and environmental protection, including participation in relevant workshops.
This Report, prepared by the Secretary-General, details the laws, regulations and administrative measures adopted by sponsoring States and other ISA Members concerning activities in the Area, as well as related matters. During its seventeenth session, the Council requested a comprehensive report on the national legislation and administrative measures of sponsoring States and ISA Members. This decision was reaffirmed in subsequent sessions, establishing it as a standing agenda item. In 2017, the Assembly urged sponsoring States to review their national legislation to ensure it effectively controls activities by their sponsored entities, guided by the advisory opinion of the Seabed Disputes Chamber. On 16 February 2024, the Secretariat invited sponsoring States and ISA Members to submit texts of relevant national laws and regulations or to provide updates on their review processes. The ISA’s online database now includes information on or texts of relevant national legislation from 39 States. This database is continuously updated with new submissions and includes a comparative study of national legislation on deep-seabed mining.
The BGR signed an exploration contract for polymetallic sulphides with ISA on 6 May 2015, covering an area of 10,000 km². According to Regulation 27(2) of Regulations on prospecting and exploration for polymetallic sulphides in the Area, BGR was required to relinquish at least 50 per cent of the exploration area by the end of the eighth year of the contract and 75 per cent by the end of the tenth year. For BGR, this meant relinquishing 5,000 km² by 6 May 2023. Due to the impacts of the COVID-19 pandemic, BGR requested deferrals of its relinquishment deadlines. The Council approved the deferment, extending the deadlines to 6 May 2024 for the first relinquishment and 6 May 2026 for the second. On 16 April 2024, BGR submitted information on the relinquishment of 50 per cent of its allocated area, including cartographic material and an overview map. During the second part of the twenty-ninth session, the LTC confirmed that BGR met its relinquishment obligations according to the applicable regulations and guidelines. The relinquished area, detailed in maps available on the ISA website, includes 5,000 cells across 100 blocks distributed within 12 clusters. This area has reverted to the Area for potential future use.
On 29 April 2014, the COMRA signed an exploration contract for cobalt-rich ferromanganese crusts with ISA, covering an area of 3,000 km². Under Regulation 27(1) of the Regulations on prospecting and exploration for cobalt-rich ferromanganese crusts, COMRA was required to relinquish at least one-third of its allocated area by the end of the eighth year and two-thirds by the end of the tenth year. For COMRA, this meant relinquishing 1,000 km² by 8 May 2022 and an additional 1,000 km² by 28 April 2024. On 8 May 2022, COMRA submitted a report and maps detailing the relinquishment of one-third of its area, which was reviewed and confirmed by the LTC. This relinquished area reverted to the Area. For the second relinquishment, due by 28 April 2024, COMRA submitted detailed cartographic material on 26 April 2024. The submission included shapefiles and maps of the relinquished and remaining areas. During the second part of the twenty-ninth session, the LTC confirmed that COMRA had met its relinquishment obligations. The second relinquished area, detailed in maps available on the ISA website, includes 1,600 cells across 150 blocks in four clusters.
On 27 January 2014, JOGMEC entered into an exploration contract for cobalt-rich ferromanganese crusts with ISA, covering an area of 3,000 km². Under Regulation 27(1) of the Regulations on prospecting and exploration for cobalt-rich ferromanganese crusts, JOGMEC was required to relinquish one-third of the allocated area by the end of the eighth year and two-thirds by the end of the tenth year. For JOGMEC, this meant relinquishing 1,000 km² by 27 December 2021 and an additional 1,000 km² by 26 January 2024. On 27 December 2021, JOGMEC submitted a report detailing the relinquishment of one-third of the area, including a list of relinquished cells and maps. The Council, following the LTC’s recommendations, acknowledged that JOGMEC had fulfilled the first relinquishment obligation. The relinquished area was reverted to the Area. For the second relinquishment, due by 26 January 2024, JOGMEC initially submitted cartographic material on the due date. This material included shapefiles and maps of the relinquished and remaining cells. However, on 12 March 2024, JOGMEC resubmitted corrected cartographic material. The initial submission had inadvertently included a cell that had already been relinquished in the first phase. During the second part of the twenty-ninth session, as per the Report, the LTC confirmed that JOGMEC had complied with the relinquishment requirements. The corrected second relinquished area, detailed in maps available on the ISA website, includes 1,000 cells across 150 blocks in eight clusters.
The second part of the twenty-ninth session of the Council was held from 15 to 26 July 2024, consisting of six plenary meetings and 14 informal meetings. The Secretary-General reported that 35 members of the Council were formally accredited, with their representatives’ credentials communicated through various official channels.
The Council took note of reports on the relinquishment of exploration areas by BGR, COMRA and JOGMEC. The Council also took note of the Secretary-General’s report on the status of national legislation related to deep-seabed mining.
The Council approved the plan of work for the exploration of polymetallic sulphides submitted by the Earth System Science Organization, Ministry of Earth Sciences of the Government of India. The Council also noted the report on the application for exploration of cobalt-rich ferromanganese crusts by the same organization.
The Council discussed DRs on the exploitation of mineral resources and completed the first reading of the Consolidated text. The Council took note of the oral reports by facilitators and rapporteurs and agreed on a road map for further work, with deadlines for submissions and a revised Consolidated text by November 2024. The Council took note of the Secretary-General’s report on the implementation of Council decisions from 2023. Participants highlighted the importance of transparency, accountability and the need for sufficient funds to support the participation of developing countries.
The Council took note of the report of the Interim Director-General of the Enterprise. Participants expressed support for the activities of the Enterprise and called for progress on joint projects to ensure equitable benefit-sharing.
The LTC Chair reported on the LTC’s work, receiving strong support from delegations. The Council adopted the LTC’s recommendations and discussed further refinements to REMPs. The Council discussed the report of the Finance Committee and the ISA budget for 2025–2026 and adopted the scale of assessment for contributions. Concerns were raised about budget constraints and the need for equitable financial contributions. The Council adopted the decision concerning the candidates for the election of the Secretary-General.
The LTC has outlined a standardized procedure for developing, establishing and reviewing REMPs to ensure effective marine environmental protection. The primary aim of these plans is to provide region-specific measures and tools for managing environmental impacts from mineral resource exploitation. The process begins with the Council’s request to the LTC to develop a REMP for specific areas before any exploitation plans are considered. The LTC is responsible for including the development of REMPs in its work programme, identifying necessary tasks and setting a timeline. Data compilation involves gathering existing contractor information, scientific research, traditional knowledge and other relevant data. A scientific assessment involving expert workshops evaluates the regional environment and identifies potential management measures. This leads to drafting the REMP, which is then subject to a formal stakeholder consultation for at least 90 days. Comments received during this period are considered before the LTC finalizes its recommendation for the Council. Once the Council approves the REMP, it is implemented by ISA. The REMP is reviewed every five years or sooner if new data or significant environmental changes arise. This review ensures that the REMP remains effective and up-to-date. The Council did not approve the standardized procedure and requested that the LTC further consider the matter.
During Part I, the President presented his Consolidated text, which was compiled to streamline and harmonize terminology in the DRs on mineral resource exploitation, together with the specific issues outlined in the Suspense document and Proposal compilation. At the outset of Part II, the President indicated that the Council would continue informally to consider the Consolidated text. Regarding working modalities, the Council opted for thematic discussions in plenary to address identified topics and facilitate consensus-building.
Negotiations of the President’s consolidated text
Australia presented a report on the progress of intersessional work pertaining to the identification of equalization measures as part of the financial terms of contracts. Dr. Daniel Wilde from the Commonwealth Secretariat provided expert input on the matter. His presentation reviewed previous discussions and introduced a proposal from Australia, which included two options for the equalization measure. Delegations raised questions about the applicability of these measures to various types of contractors, including state-owned enterprises and joint ventures with the Enterprise. They also debated which option would provide greater transparency and address subsidies and tax exemptions effectively. There was general agreement on the need for an equalization measure, but no consensus on the preferred model. Australia offered to facilitate further discussions on specific issues.
In the remainder of the negotiations on the President’s consolidated text, the delegations concluded the first reading of the text. In addition, a number of sessions took place in the context of informal working groups, as summarized below.
Eighth Meeting of the Informal Working Group on Institutional Matters
Co-Facilitators: H.E. Ambassador Georgina Guillén Grillo (Costa Rica) and Mr. Salvador Vega (Chile)
The co-facilitators reviewed different interpretations and implications of effective control, focusing on regulatory versus economic control approaches. Delegations reviewed a document from The Netherlands on parent company liability and a document from Nauru on State sponsorship and effective control requirements. Opinions varied on whether to continue with the regulatory approach or shift to an economic control model, with some delegations suggesting a hybrid approach. The co-facilitators emphasized the importance of resolving effective control issues, including compliance and the prevention of monopolies. They invited delegations to participate in further discussions and submit written statements on the issues raised.
Eighth Meeting of the Informal Working Group on the Protection and Preservation of the Marine Environment
Facilitator: Dr. Raijeli Taga (Fiji)
Key issues: ECF, polluter-pays, coverage, management, claimants, standards, proof, pre-funding, intangible cultural heritage, tangible cultural heritage, environmental designations, sustainable management, EIA, environmental impact statement, REMPs, test mining.
The Netherlands and the UK proposed a streamlined version of Annex IV, suggesting it be reformatted as a list of requirements. The proposal aimed to enhance usability and clarity. Norway presented proposals for restructuring regulations on environmental management and monitoring. This included integrating new sections and refining existing ones. Delegations generally supported the proposed changes, appreciating the efforts to improve the structure and consistency of environmental regulations. The facilitator invited further written proposals by 23 September 2024 and encouraged ongoing intersessional work.
The Federated States of Micronesia reported on Underwater Cultural Heritage (UCH). The discussions were divided into two sessions, focusing on whether the DR 35 adequately addresses tangible and intangible UCH and how to incorporate intangible UCH into the DRs. Delegations generally supported the inclusion of UCH in the DRs and reviewed both the current DR 35 and proposals by Spain. They discussed requirements for contractors upon encountering tangible UCH, including notification and potential measures like temporary cessation or permanent termination of activities. There were diverse views on addressing intangible UCH, with some suggesting pre-activity protective measures and consultations with Indigenous Peoples and local communities. The idea of an Intangible UCH Committee was debated, with mixed reactions regarding its potential effectiveness and the need for such a body. It was recommended to continue the intersessional working group on UCH and develop draft proposals that integrate feedback from the discussions.
Intersessional work ahead
1. Effective control (cross-cutting) led by Costa Rica and Chile
2. ICE mechanism (DR 102) led by Norway
3. Equalization measure (DR 64 bis and draft Equalization Standard) led by Australia
4. Rights and interests of coastal States (cross-cutting and DR 93 ter) led by Portugal
5. UCH (cross-cutting and DR 35) led by Micronesia
6. Environmental management and monitoring (Section 3 of Part IV, DRs 49-52 and Annex VII) led by Norway
7. Test mining (DR 48 ter) led by Germany
8. Closure plans (Part VI, DRs 59-61) led by Fiji
Next dates
The thirtieth session of the Council will be held in two parts: from 17 to 28 March 2025 and from 7 to 18 July 2025.
The Assembly was asked to consider the applications of the Tetiaroa Society, Gujarat National Law University, CSA Ocean Sciences Inc., Institute for Sustainable Development and International Relations, The Administrative Center for China’s Agenda 21, American Samoa Economic Development Council, New World Hope Organization, Centre for Community & Oceanic Law, Opes Oceani Foundation, Inc., British Institute for International and Comparative Law, National Oceanography Centre, Maui Nui Makai Network, Center for Biological Diversity and Centro Mexicano de Derecho Ambiental A.C. The Assembly decided to grant these requests. Two more applications were presented without being approved. Certain delegations opposed the applications from Impossible Metals Inc. and Seafloor Mineral Developers, asking whether these entities fit within the definition of a NGO. Several delegations requested further clarifications on the rationale and justification for excluding these entities. For future reference, it was suggested that objective criteria for refusing observer status and guidelines for whether a rejected entity can reapply to be included in the Guidelines for observer status of non-governmental organizations with ISA (ISBA/25/A/16).
The Assembly approved the Report of the Credentials Committee on the credentials and proxy voting documents submitted by various Member States.
The Assembly has elected new members to its Council for a four-year term, starting on 1 January 2025 and concluding on 31 December 2028. These elections were conducted with respect to regional and interest group understandings. The newly elected members are categorized into five groups: Group A (China, Japan), Group B (India), Group C (Canada, South Africa), Group D (Bangladesh, Brazil, Uganda), Group E (Argentina, Costa Rica, Mauritius, Morocco, Netherlands, Poland, Spain, Tanzania, Trinidad and Tobago, United Kingdom of Great Britain and Northern Ireland).
The Assembly elected Ms. Leticia Reis de Carvalho from Brazil as the Secretary-General of ISA starting 1 January 2025.
The report from the Secretary-General outlines the progress and considerations related to the Strategic plan for 2019-2023 and the proposed extension of the High-level action plan through 2025. The ISA Assembly had previously adopted the Strategic plan to enhance its working practices, supported by a High-level action plan. The Assembly emphasized the importance of regular reviews and monitoring to ensure effectiveness. Reports on the implementation of the Strategic plan were considered during the 203rd and 206th meetings. As the term for the 2019-2023 plan was nearing its end, the Secretariat began preparatory work for the next Strategic plan 2024-2028, including an analysis of the implementation of the current Plan. Several delegations noted the significant contributions of the Strategic plan and High-level action plan towards fulfilling the ISA’s mandate.
The continuity provided by the draft strategic plan for 2024-2028 was welcomed, particularly given ongoing legal developments and the ISA’s ongoing preparatory mandate.
The Assembly decided to extend the current strategic plan by two years until 2025 and requested the Secretary-General to review and align the High-level action plan accordingly. The extended plan, which is largely unchanged except for some updated time frames, is now presented for consideration and adoption by the Assembly. The focus remains on the highest priorities identified by Member States. The Assembly adopted the extended High-level action plan for the period 2019-2025.
The Secretary-General presented the 2024 annual report, highlighting ISA’s achievements over the past year, including advancements in marine scientific research, environmental protection, capacity development and progress in DRs. A large number of delegations underscored the contribution made by ISA to the 2030 Agenda through the progress achieved in delivering against the Strategic Plan and High-Level Action Plan, as well as the ISA MSR Action Plan and Capacity Development Strategy. Special emphasis was placed on commending the establishment of the Africa Deep-Sea Academy in partnership with the Institute of International Relations of Cameroon and the ISA-Egypt Joint Training and Research Centre. Many delegations also recognized the specific and unique mandate of ISA as the steward of the Area and its resources. They expressed satisfaction with the engagement of the ISA Secretariat in the discussions of the BBNJ PrepCom as well as the study released in June 2024 pertaining to the interlinkages between ISA’s mandate and competence and the 2023 Agreement. Noting the increasing number of strategic partnerships established with international, regional and national entities to support the implementation of the mandate and competencies of ISA, a number of delegations also acknowledged the unique and specific mandate assigned to ISA under UNCLOS for the promotion and encouragement of marine scientific research in the Area and the catalysing effect of the ISA MSR Action Plan, as global deep-sea research agenda. Several delegations also noted the specific efforts of the Secretary-General in the course of his tenure to empower developing States in all aspects of the work of ISA and the benefits received by LDCs, LLDCS and SIDs.
Several delegations further underscored with appreciation the continued efforts of the Secretary-General in taking concrete and meaningful measures to advance women’s empowerment and leadership in ocean affairs. The S.H.E. (See Her Exceed) mentoring programme under the Women in Deep-Sea Research project was noted.
Many delegations welcomed the operationalization of the Enterprise and encouraged further active development of activities by the Interim Director General.
The Assembly took note of the report. The document is to be considered in conjunction with the 2024 Secretary-General Annual Report publication in English and French.
The Assembly took note of the report detailed in the section on the activities of the Council.
This report covers activities from June 2023 to June 2024. In 2020, ISA formally contributed to the United Nations Decade of Ocean Science for Sustainable Development by adopting an action plan with six strategic research priorities, serving as a global framework to advance deep-sea research. ISA has since organized numerous events, established strategic partnerships and produced knowledge products to support this plan. Strategic Research Priority 1 focuses on enhancing scientific knowledge of deep-sea ecosystems. Three workshops were held to develop a REMP for the northwest Pacific Ocean, including a major event in Tokyo. These workshops engaged experts from various countries, leading to key sustainability insights for deep-sea resource management. Strategic Research Priority 2 focuses on standardizing and innovating methodologies for deep-sea biodiversity assessment. ISA launched initiatives like the “One Thousand Reasons” campaign aimed at accelerating species descriptions. A species checklist was created in collaboration with the World Register of Marine Species, enhancing the consistency of biodiversity assessments. Workshops were also organized to improve data-sharing and standardization practices. Strategic Research Priority 3 addresses technology development for ocean observation and monitoring. ISA advanced technology assessments in key areas and organized a workshop in Portugal on advanced technologies for deep-sea exploration. The workshop attracted significant participation and facilitated discussions on best practices and innovations in deep-sea technology. Strategic Research Priority 4 involves understanding the potential impacts of activities in the Area. ISA published a study on the interactions between fisheries and mineral resource activities, concluding that direct conflicts are likely manageable. ISA worked on cumulative impact assessments and contributed to global discussions on managing deep-sea impacts, aligning with ongoing research initiatives. Strategic Research Priority 5 emphasizes the dissemination and sharing of scientific data. The ISA’s DeepData database, launched in 2019, has become a central repository for environmental data, with significant progress in data management and partnerships to improve data quality. ISA also launched an e-learning platform, Deep Dive, to promote deep-sea literacy alongside other educational initiatives targeting different age groups. Strategic Research Priority 6 continues to strengthen the deep-sea scientific capacity of ISA Members, particularly developing States. Various training programmes were conducted, including workshops in collaboration with the ISA-China and ISA-Egypt Joint Training and Research Centres. Women’s empowerment remains a focus, with initiatives like the “Women in Deep-Sea Research” project, which saw significant participation from female experts. During the reporting period, ISA engaged in several global forums to raise awareness and attract additional resources to accelerate the action plan’s implementation. Notable events included the Sustainable Development Goals Summit and the Ocean Decade Conference, where ISA highlighted its contributions to deep-sea science and women’s empowerment. The ISA Partnership Fund, launched in 2022, has supported various projects, including the establishment of a deep-sea academy and the development of a data visualization platform. The report concludes with plans for further advancing the ISA’s deep-sea research agenda, ensuring ongoing support for capacity development and enhancing international collaboration to achieve the objectives of the United Nations Decade of Ocean Science for Sustainable Development.
Secretary-General’s Award for Excellence in Deep-Sea Research
Dr. Rengaiyan Periasamy from India received the Award, which included a prize of USD4,000, support for attending the Assembly, participation in an ISA workshop, publication costs and a spot on an exploration cruise.
Dates for the next session
The Legal Counsel announced that the thirtieth session of the Assembly would take place from 21 to 25 July 2025.