With some ready to begin mining #criticalminerals on the ocean floor, the International Seabed Authority Council faces growing pressure to advance draft exploitation rules while ensuring environmental protection, fair benefit-sharing and legal certainty
#ISA31 Summary ➡️ enb.iisd.org/internationa...
On the last day of #ISA31, Council discussed confidentiality of data and information regarding #deepseamining exploitation plans of work and contracts
Delegates broadly supporting making these publicly available, except where confidentiality is properly justified
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#ISA31 Council members turn their attention to the standards & guidelines that will accompany the #deepseamining regulations, discussing their scope and sequencing of adoption. #OceanGovernance
At #ISA31, Council members consider #deepseamining regulation relating to confidentiality of information; many call for strong safeguards without overly broad exemptions that could weaken enforcement. #oceangovernance
#ISA31 Council debates scope of #deepseamining regulations: should they apply to all mineral resources in the Area or only polymetallic nodules? Some favor the latter option while others support a general framework, with resource-specific details to follow in standards & guidelines. #oceangovernance
How are liabilities from #deepseamining addressed if contractors lack sufficient financial resources?
At #ISA31, Council discussed a proposed solution to ensure financially capable parent companies take responsibility for environmental harm and risks
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At #ISA31, Council members examine key definitions of “incident” and “notifiable events,” stressing their importance for reporting thresholds and response obligations in #deepseamining regulations. Members broadly agree that the two must remain clearly distinct. #oceangovernance
At #ISA31, some Council members stress that adopting regulations does not mean a green light for #deepseamining, calling for safeguards in the text; others argue such provisions are unnecessary, repetitive or belong outside the regulations. #oceangovernance
At #ISA31, Council members debate whether #deepseamining should only begin once strict conditions are met: adoption of full standards & guidelines, confirmation of scientific evidence that marine env't will be protected from harmful effects & respect for broader ocean commitments. #oceangovernance
At #ISA31, the Council considered the rights and interests of coastal states, including how to consult with them on #deepseamining activities
Members considered how to refer to such states, with emerging consensus on “potentially affected coastal states”
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#ISA31 Council commences first reading of the annexes of the revised consolidated text of the #deepseamining exploitation regulations, starting with general comments and initial edits. #oceangovernance
At #ISA31, Council members support ensuring coordination & collaboration with #BBNJ bodies and processes, including on ABMTs and EIAs, and some propose a standing agenda item on this; many suggest postponing a Council decision until after BBNJ COP1. #oceangovernance #deepseamining
#ISA31 Council continues negotiating #deepseamining regulations, focusing on coastal states' rights; members consider who gets consulted on #mining activities, when & how. Emerging view: consultations to be led by the Secretariat with key details continuing to be discussed. #oceangovernance
At #ISA31, Council members celebrated the entry into force in January 2026 of #BBNJ Agreement
They underscored the need to strengthen cooperation and ensure coherence between the Agreement and the International Seabed Authority
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#deepseamining
At #ISA31, Council members highlight Economic Planning Commission is key to assessing impacts of #deepseamining on land-based mining countries, call for equitable geographic rep'n in the Commission & urge full operationalization before approval of first exploitation plan of work. #oceangovernance
At #ISA31, Council members review the Legal & Technical Commission's report on contractors at risk of non-compliance with their contractual obligations, following the Council's request for additional information from those contractors. #deepseamining #oceangovernance
At #ISA31, Council members stress exploration contracts should only be extended where contractors demonstrate good-faith implementation of their work plans, including environmental, technical & financial commitments. #deepseamining #oceangovernance
As week 2 of #ISA31 Council commences, ISA Secretary-General Leticia Reis de Carvalho, reports on the status of exploration contracts & related matters, including info on the periodic review of implementation of approved exploration plans of work. #deepseamining #oceangovernance
At #ISA31, Council members debated whether unannounced inspections of #deepseamining operations should be allowed.
Many supported retaining this possibility to monitor compliance with the regulations, while others cautioned they could be difficult to implement
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At #ISA31, delegates debate inspection powers for #deepseamining activities, including whether inspectors should be able to conduct unannounced inspections. Some stress unannounced inspections are essential for effective oversight; others raise concerns about implementation. #oceangovernance #mining
At #ISA31, Council members discuss the mandate of a proposed compliance committee, with several stressing it should not be limited to exploitation activities and should be clearly defined to avoid overlap with the Legal and Technical Commission. #deepseamining #oceangovernance
As week one of #ISA31 Council draws to a close, members consider the regulatory elements of the draft exploitation regulations, focusing specifically on the rules for inspection of #deepseamining operations and compliance with the rules, regulations & procedures. #OceanGovernance #mining
At #ISA31, Council members agreed safeguards should be part of #deepseamining exploitation rules to prevent monopolization of deep seabed resources by contractors or affiliated companies, stressing the need for clear criteria and objective thresholds
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At #ISA31, Council members discuss the need to prevent monopolization in #deepseamining with broad support for including safeguards in the exploitation regulations. Members call for clear definitions & objective criteria, including re “significant control” & "market dominance." #oceangovernance
What should contractors pay for mining the #seabed? At #ISA31, Council members discuss the payment system for #deepseamining contractors, including royalties, profit sharing arrangements & other financial contributions to the #ISA, as well as review of the system. #oceangovernance
Day 4 of #ISA31 opens with Council President Mayank Joshi welcoming members as they turn to consideration of financial, regulatory and governance elements of the #deepseamining regulations. #oceangovernance #mining
#ISA31 discussed benefit-sharing Wednesday
They also considered the financial system for exploitation activity, touching payments made by contractors, environmental externalities in royalty system design, and profit sharing on transfers of mining rights
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At #ISA31, Council members consider including a profit share on transfers of rights under #deepseamining contracts. Many support the idea, noting significant capital gains may arise from such transfers & the #ISA should share in benefits from the #seabed which is the common heritage of humankind.
#ISA31 Council members discuss the regulation on an "equalization measure," which aims to ensure #deepseamining contractors pay a similar effective tax rate to land-based mining regardless of tax exemptions provided by sponsoring states. #oceangovernance #mining
At #ISA31, Council members listen to a presentation by @thomaslassourd.bsky.social on the updated fiscal model for a system of payment for #deepseamining, developed by the Intergovernmental Forum on Mining, Minerals, Metals & Sustainable Development. #OceanGovernance #mining