1st Part of the 28th Annual Session of the International Seabed Authority (ISA)-31st March,Kingston,Jamaica

• discussion on the report of the Chair of the Legal and Technical Commission (LTC);
• adoption of a decision relating to the establishment of the position of an interim director general of the Enterprise; and
• adoption of a decision on the two-year rule; and
• the Dominican Republic joined the calls for a precautionary pause on deep sea mining.

On the LTC Chair’s report, many delegates welcomed the implementation of training programmes by the contractors, particularly for nationals of developing countries. On regional environmental management plans, Brazil stressed that they should be in place before a plan of work is approved, while Argentina and China emphasized their non-binding legal nature.

On environmental thresholds, the Netherlands, Germany, Spain, and others noted that additional thresholds should be considered, including for habitat loss due to the removal of nodules. Many delegates underscored that intersessional work on thresholds, to be carried out by a group and sub-groups of experts under the guidance of the LTC, should be open-ended rather than limiting the number of experts to 10 for each sub-group

Many delegates emphasized that difficult compromises were necessary to bridge divergent positions and reach consensus. They further emphasized that no commercial deep sea mining activities may commence before a robust framework is in place to ensure, among others, the protection and preservation of the marine environment, in line with relevant obligations under the UN Convention on the Law of the Sea (UNCLOS).

Some lamented that “the legal loophole was not closed,” noting there is no provision for the Council to provide relevant guidance to the LTC, as its subsidiary body, regarding the consideration of potential applications for plans of work for exploitation before the complete set of regulations, rules, and procedures, including standards and guidelines, are in place. Others noted the need to respect the LTC’s independence and its role in reviewing applications for plans of work.

President Mijares thanked all delegates, observers, Secretariat staff, and interpreters for their commitment and hard work. He underscored important intersessional work and gaveled the meeting to a close at 5:02 pm.

The Earth Negotiations Bulletin summary and analysis of the first part of the ISA Council for the 28th session will be available on Tuesday, 4 April 2023.