The Mining Code
Draft exploitation regulations
In accordance with the United Nations Convention on the Law of the Sea and the 1994 Agreement, the International Seabed Authority (ISA) has undertaken work since 2014 to develop regulations for the exploitation of mineral resources in the Area. The process began with preliminary work in expert workshops, involving the preparation of a number of expert studies, discussion papers and open stakeholder consultations. It culminated in the development of draft regulations submitted by the Legal and Technical Commission for consideration by the Council in 2019.
Current status of the draft exploitation regulations
The Draft Exploitation Regulations are currently under negotiation by the ISA Council. Informal working groups, intersessional working groups and “Friends of the President” have been established by the Council as modalities to advance work on the Draft Exploitation Regulations.
During a Council meeting in July 2023, the Council took stock of the progress made and agreed on a timeline. A road map was approved (ISBA/28/C/24) to continue the elaboration of rules, regulations and procedures relating to exploitation with a view to their adoption during the thirtieth session of the Authority (2025). Additionally, it was agreed that a consolidated text would be provided for the continued negotiations by the Council.
A consolidated text of the Draft Exploitation Regulations was released on 16 February 2024. The text contained a compilation of work carried out in the informal working groups of the Council. It became the central focus of the negotiations during the twenty-ninth session of the Council in 2024. In July 2024, the Council finished its first reading of the text, covering the preamble to draft regulation 107, with the full participation of ISA Member States and observers, in line with the July 2023 road map.
Also, on 26 July 2024, the President of the Council introduced a revised road map. It was endorsed by the Council (ISBA/29/C/9/Add.1, Annex III) to guide its work during the thirtieth session in 2025. The road map focuses on advancing the Draft Exploitation Regulations through a Revised Consolidated Text and the associated standards and guidelines.
In that regard, on 29 November 2024, the President of the Council issued a Revised Consolidated Text of the Draft Exploitation Regulations (ISBA/30/C/CRP.1) and a Revised Suspense Document (ISBA/30/C/CRP.2). Subsequently, on 5 December 2024, the President presented the Compilation of Proposals for the Draft Exploitation Regulations (ISBA/30/C/CRP.3).
During the first part of the thirtieth session (17-28 March 2025), the Council engaged in negotiations from the preamble to draft regulation 55 of the Revised Consolidated Text. It was agreed to defer consideration of outstanding cross-cutting issues to the relevant informal working groups, in order to cover them in a more comprehensive manner. The current list of the informal working groups can be consulted in ISBA/30/C/5, Annex I. The Council also welcomed the proposal of the President of an additional modality of work: an informal volunteer facilitators arrangement designated as “Friends of the President” (ISBA/30/C/5, Annex II). Their role would be to collaborate with interested delegations to refine specific topics or draft regulations.
Additionally, on 27 March 2025, the Council held a high-level discussion on standards and guidelines based on a schedule or a list prepared by the Secretariat as a working document to support the discussions (ISBA/30/C/CRP.4). It is expected that an updated proposal and a revised schedule outlining the next steps for advancing the Council’s work on standards and guidelines will be discussed during the July 2025 meetings of the Council.
During the second part of its thirtieth session (7-18 July 2025), the Council will hold negotiations on the remaining sections of the Revised Consolidated Text of the Draft Exploitation Regulations (ISBA/30/C/CRP.1) from draft regulation 56 to 107.
Previous versions of the draft exploitation regulations
- February 2024 | Consolidated Text of the Draft Exploitation Regulations [ISBA/29/C/CRP.1]
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March 2019 | Draft Regulations on exploitation of mineral resources in the Area [ISBA/25/C/WP.1]
- June 2018 | Revised Draft Regulations on Exploitation of Mineral Resources in the Area [ISBA/24/LTC/WP.1]
- August 2017 | Draft Regulations on Exploitation of Mineral Resources in the Area
- February 2016 | First Working Draft of the regulations and Standard Contract Terms on Exploitation for Mineral Resources in the Area
Stakeholder consultations
The draft exploitation regulations have been prepared by the LTC following a transparent process and a series of broad public consultations (ISBA/26/C/2).
2019
- Collation of specific drafting suggestions by members of the Council [ISBA/26/C/CRP.1]
- Comments on the Draft Regulations on the Exploitation of Mineral Resources in the Area [ISBA/26/C/2]
- Compilation of the proposals and observations sent by members of the Council in response to Paragraphs 7 and 8 of ISBA/25/C/37
- Compilation of the proposals and observations sent by other member States of ISA, observers and stakeholders on the Draft Regulations in response to Paragraphs 7 and 8 of ISBA/25/C/37
- Comments on the Draft Regulations on Exploitation of Mineral Resources in the Area submitted by Germany [ISBA/25/C/29]
2018
- Briefing notes on the submissions to the Draft Regulations on Exploitation of Mineral Resources in the Area
- ISBA/25/C/2 – December 2018
- ISBA/25/C/CRP.1 – November 2018
- ISBA/24/C/CRP.1 – February 2018
- Stakeholder Submissions on the revised Draft Regulations on Exploitation
2017
- Discussion paper on the development and drafting of regulations on exploitation for mineral resources in the Area (environmental matters)
- Stakeholder submissions to the Draft Regulations on Exploitation for Mineral Resources in the Area
2016
2015
- Discussion Paper on the Development of Financial Terms for Exploitation in the Area
- Stakeholder submissions to the Discussion Paper
- Draft Framework for Deep Sea Mineral Exploitation in the Area (March 2015)
- Stakeholder submissions to the Draft Framework
- Revised Draft Framework, High-Level Issues and Action Plan for Deep Sea Mineral Exploitation in the Area (July 2015)
2014
- Developing Financial Terms for Deep Sea Mining Exploitation, Comparable study of mining industry fiscal regimes
- Stakeholder Survey aimed at soliciting relevant information for the development of a regulatory framework for the exploitation of minerals in the Area from members of the Authority and current and future stakeholders.