The Mining Code
Informal working groups of the Council
to advance the draft regulations on the exploitation of mineral resources in the Area
Several informal working groups have been created since 2018 to advance the work on the draft exploitation regulations in an informal setting.
Information on the establishment of the open ended working group (OEWG) can be found in ISBA/24/C/8/Add.1, para 12 and Annex II, para 5. Information on other informal working groups can be found in ISBA/26/C/11.
The informal working groups and the parts of the draft exploitation regulations (ISBA/25/C/WP.1) they are considering are presented below.
The elements not covered by any of the informal working groups are currently being considered in plenary in an informal setting. These elements are included in the President’s text. More information on the informal work can be found in ISBA/27/C/21, para 25.
OEWG
IWG ENV
IWG ICE
IWG IM
Open-ended Working Group on the Financial Terms of a Contract
Chaired by Mr. Olav Myklebust (Norway)
NEGOTIATED TEXT:
Part VII, Appendix IV
Informal Working Group on the Protection and Preservation of the Marine Environment
Facilitated by Ms. Raijeli Taga (Fiji)
NEGOTIATED TEXT:
Part IV, Part VI, Annex IV, Annex VII, Annex VIII
Informal Working Group on Inspection, Compliance and Enforcement
Facilitated by Ms. Maureen Tamuno (Nigeria)
NEGOTIATED TEXT:
Part XI
Informal Working Group on Institutional Matters
Co-facilitated by Mr. Salvador Vega (Chile) and Ms. Gina Guillen-Grillo (costa Rica)
NEGOTIATED TEXT:
Part I, Part II, Part V, Part VIII, Part IX, Part XII, Part XIII, Appendix II, Appendix III
Status of work
During the resumed meeting of the 26th session of the Council, the Council agreed a road map for work on the Draft Regulations in 2022 (Annex, ISBA/26/C/13/Add.1), including the work of the informal working groups. The road map was successfully followed by the participants. A revised road map was endorsed by the Council during part III of the 27th session of the Council for its work in 2023 (ISBA/27/C/21/Add.2, Annex II).
The oral reports of the facilitators and the chair reflecting the status and progress made during the respective meetings are found as an annex to the Statement by the President of the Council for the given year. The reports can be accessed for the different working groups below.
The Open-ended Working Group (OEWG) in Respect of the Development and Negotiation of the Financial Terms of a Contract was established in July 2018 (ISBA/24/C/8/Add.1, para 12 and annex II, para).
Mr. Olav Myklebust (Norway) is the chair of this group.
1st meeting – February 2019
Meeting documents
- Briefing Note from the President of Council
- Provisional Agenda
- Indicative Programme of Work
- Request for consideration by the Council of the African Group’s proposal on the Economic Model/Payment Regime and Other Financial Matters in the Draft Exploitation Regulations under review dated 9 July 2018.
- Analysis of the Economic Benefits of Developing Commercial Deep Sea Mining Operations in Regions where Germany has Exploration Licences of the International Seabed Authority, as well as Compilation and Evaluation of Implementation Options with a Focus on the Performance of a Pilot Mining Test. Study on behalf of the Federal Ministry for Economic Affairs and Energy of Germany dated 30 September 2016.
- Financial model and economic evaluation of polymetallic nodules development in the Area, Prof. Shaojun Liu, Central South University, China.
Presentations of the Massachusetts Institute of Technology (MIT)
- Decision Analysis Framework & Review of Cash Flow Approach
- Financial Regimes for Polymetallic Nodule Mining: A Comparison of Four Economic Models. Randolph Kirchain, Frank R Field, and Richard Roth Materials Systems Laboratory, Massachusetts Institute of Technology dated January 2019
Report of the Chair
2nd meeting – July 2019
Meeting documents
- Briefing Note from the Chair of the Working Group
- Provisional Agenda
- Indicative Programme of Work
- Briefing Note on the Payment Mechanism
Report of the Massachusetts Institute of Technology (MIT)
- Report on the Development of an Economic Model and System of Payments for the Exploitation of Polymetallic Nodules in the Area
- Financial Model of a Nodules Mining Concession
Report of the Chair
3rd meeting – February 2020
Presentations of the Massachusetts Institute of Technology (MIT)
- Decision Analysis Framework & Review of Cash Flow Approach
- Developing a Financial Model for other Deep Sea Minerals
Report of the Chair
Information webinars - 2020
A series of informal webinars was organized with a view to providing information on the methodology to be used in the preparation of the comparative analysis of the financial aspects of seabed mining and land-based mining and for the consultants to receive feedback from participants with respect to such methodology. It is recalled that this analysis was requested by the Council of the International Seabed Authority at its February 2020 meetings.
Two consultants were contracted by the secretariat, namely, RMG Consulting and CRU International Ltd., to prepare the study. During the webinars they presented a description of the methodology to be used in the preparation of the study which remains a work in progress.
Webinars on 9, 11 and 12 June 2020: Comparative Analysis of the Financial Aspects of Seabed Mining and Land-Based Mining
Studies requested by the Council concerning the financial model
- MIT refined financial model and report
- Comparative Analysis of the Financial Aspects of Seabed Mining and Land-Based Mining
- Joint summary of the reports prepared by CRU International Ltd. and RMG Consulting relating to a Comparative Analysis of the Financial Aspects of Seabed Mining and Land-Based Mining
- Report by RMG Consulting
- Report by CRU International Ltd
Webinar on 28 October 2020: Presentation of the studies
Social Discount Rate
4th meeting – March 2022
5th meeting – July 2022
Meeting documents
- Briefing Note with Chair’s text: PDF | DOC
- Note Verbale EC1/1 of 27 June 2022 from the Permanent Mission of Ghana to the United Nations – submission to the Council of the African Group’s position on the Payment Regime for Deep Seabed Mining in the Area
- Financial Payment System Modeling for Polymetallic Nodules (PPTX)
Chair’s oral report
- ISBA/27/C/21/Add.1, annex, section I
6th meeting – November 2022
Meeting documents
- The Chair’s briefing note of 20 October 2022
- Presentation on Financial Payment System Modeling for Polymetallic Nodules by MIT
- Presentation on Offshore Indirect Transfers by IGF
Oral report of the chair
- ISBA/27/C/21/Add.2, Annex I, Section 1 (C)
7th meeting – March 2023
Meeting documents
Presentations and reports
- IGF’s report on the proposed payment regimes for deep sea mining
- IGF Deep Sea Mining Financial Model
- MIT Model
- MIT Financial Model – 16 March 2023
- MIT Additional Royalty Analysis – 16 March2023
- IGF Draft Presentation – 16 March2023
Oral report of the chair
- ISBA/28/C/11, Annex I, Section 1 (A)
8th meeting – July 2023
Meeting documents
Presentations and reports
- MIT Financial Model
- MIT Power Point Presentation of 10 July 2023
- Report on the value of ecosystem services and natural capital of the Area
- A Study on the environmental costs of exploitation in the Area
Oral report of the chair
9th meeting – November 2023
Meeting documents
- Chair’s briefing note
- Chair’s third revised text (PDF – Doc)
Presentations and reports
Oral report of the chair
- ISBA/28/C/11/Add. 2, Annex I, Section I (C)
10th meeting – March 2024
Meeting documents
Presentations and reports
Oral report of the chair
The Informal Working Group on the Protection and Preservation of the Marine Environment (IWG ENV) was established in February 2020 (ISBA/26/C/11).
Ms. Raijeli Taga (Fiji) is the facilitator of this group.
Information webinar (February 2022)
An informal webinar was organized with a view to receiving general comments on the Facilitator’s Text which is contained in document ISBA/27/C/IWG/ENV/CRP.1 ahead of the meeting in March 2022.
1st meeting (March 2022)
Information webinar (June 2022)
An informal webinar was organized with a view to providing information on the difference between the Sustainability Fund and the proposed Environmental Compensation Fund. It is recalled that this webinar was requested by the Council of the International Seabed Authority at its March 2022 meetings.
- The Chair’s briefing note for the webinar of 14 June 2022
- Presentation by Prof. Lorenzo Schiano di Pepe on the major findings of the ISA Technical Study n. 27 “Study on an Environmental Compensation Fund for activities in the Area”
- Presentation on the Seabed Sustainability Fund as a vehicle for distribution of benefits from activities in the Area
- Presentation by the Secretariat on the distinction between the Seabed Sustainability Fund and the proposed Environmental Compensation Fund
2nd meeting (July 2022)
Meeting documents
- The Facilitator’s revised text (ISBA/27/C/IWG/ENV/CRP.1/Rev.1) Word – PDF
- The Facilitator’s briefing note for the webinar on the proposed Environmental Compensation Fund
The Facilitator’s oral report
- ISBA/27/C/21/Add.1, annex, section II
3rd meeting (November 2022)
4th meeting (March 2023)
Meeting documents
- The Facilitator’s further revised text (ISBA/28/C/IWG/ENV/CRP.1)
The Facilitator’s oral report
- ISBA/28/C/11, Annex I, Section 1 (B)
5th meeting (July 2023)
Meeting documents
The Facilitator’s oral report
6th meeting (November 2023)
Meeting documents
- Facilitator’s fourth revised draft text (PDF – DOC)
- Introductory note for the Matrix on environmental S&G (PDF)
- Matrix on environmental S&G (XLSX)
The Facilitator’s oral report
- ISBA/28/C/11/Add. 2, Annex I, Section I (B)
7th meeting (March 2024)
The Informal Working Group on Inspection, Compliance and Enforcement (IWG ICE) was established in February 2020 (ISBA/26/C/11).
Ms. Maureen Tamuno (Nigeria) is the facilitator of this group.
1st meeting (March 2022)
2nd meeting (July 2022)
Meeting documents
- The Facilitator’s text (ISBA/27/C/IWG/ICE/CRP.1)
The Facilitator’s oral report
- ISBA/27/C/21/Add.1, annex, section III
3rd meeting (November 2022)
4th meeting (March 2023)
Meeting documents
- The Facilitator’s further revised text (ISBA/28/C/IWG/ICE/CRP.1)
The Facilitator’s oral report
- ISBA/28/C/11, Annex I, Section 1 (C)
5th meeting (July 2023)
Meeting documents
The Facilitator’s oral report
6th meeting (October 2023)
The Informal Working Group on Institutional Matters (IWG IM) was established in February 2020 (ISBA/26/C/11).
Gina Guillen-Grillo (Costa Rica) and Salvador Vega Telias (Chile) are the Co-Facilitators of this group.
1st meeting (March 2022)
Meeting documents
- Co-Facilitators’ Briefing Note
- Collation of specific draft suggestions by Members of the Council – ISBA/26/C/CRP.1 (PDF – Word)
- Presentation by the Co-Facilitators
Co-Facilitators’ oral report
- ISBA/27/C/21/Add.1, annex, section IV
2nd meeting (July 2022)
Meeting documents
- Co-Facilitators’ Text
- Compilation prepared by the Co-Facilitators: Part 1 & Part 2
- Mapping of the mandates of ISA organs prepared by the Co-Facilitators
- Briefing Paper for the Informal Working Group on Institutional Matters: PDF | DOC
- Functions of the organs of the Authority (ISBA/24/C/10)
- Analysis of effective control (ISBA/20/LTC/10)
Co-Facilitators’ oral report
- ISBA/27/C/21/Add.1, annex, section IV
3rd meeting (November 2022)
Meeting documents
- Co-facilitators’ revised text (ISBA/27/C/IWG/IM/CRP.1/Rev.1) – WORD | PDF.
- Co-facilitators’ compilation:
- Draft agenda for workshop on Effective Control
Co-Facilitators’ oral report
- ISBA/27/C/21/Add.2, Annex I, Section 1(D)
4th meeting (March 2023)
Meeting documents
- Co-facilitators’ revised text (ISBA/27/C/IWG/IM/CRP.1/Rev.1)
The Co-Facilitators’ oral report
- ISBA/28/C/11, Annex I, Section 1 (D)
5th meeting (July 2023)
Meeting documents
- The Co-Facilitator’s Text (compilation for the resumed reading)
- The Co-Facilitators’ presentation on effective control
The co-facilitators oral report
6th meeting (November 2023)
7th meeting (March 2024)
Meeting documents
The co-facilitators oral report
During part I of the 27th session in 2022, the President of the Council provided a briefing paper on the work of the Plenary concerning the draft regulations and the consideration of phase one draft standards and guidelines. The briefing paper set out how the Council would progress the work on aspects of the draft regulations that were not being reviewed within the context of any of the working groups.
Based on the briefing paper, it was agreed by the Council during the Council meeting in March 2022 (ISBA/27/C/21, para 24-28) that the parts of the draft regulations listed below would be reviewed by the plenary in an informal format:
(a) The Preamble
(b) Part III, Rights and obligations of Contractors
(c) Part X, General procedures, Standards and Guidelines
(d) Annex I, Application for approval of a plan of work to obtain an exploitation contract
(e) Annex II, Mining workplan
(f) Annex III, Financing Plan
(g) Annex V, Emergency Response and Contingency Plan
(h) Annex VI, Health and Safety Plan and Maritime Security Plan
(i) Annex IX, Exploitation contract and schedule
(j) Annex X, Standard clauses for exploitation contract
(k) Appendix I, Notifiable events
(l) Schedule, Use of terms and scope.
Status of the work
Several proposals to the above-mentioned regulations were provided by delegations and observers. To collect and compile these proposals, the President of the 27th session provided a full collation of the proposals in a President’s text. It was suggested that this text will form the basis for future negotiations of these parts.
- The President’s further revised draft text (ISBA/28/C/WOW/CRP.2) – November 2023
- The President’s further revised draft text (PDF – DOC) – Oct 2023
- The President’s text (ISBA/27/C/WOW/CRP.1) – Nov 2022
- President’s text (compilation for the resumed reading) (ISBA/28/C/WOW/CRP.1) – March 2023
- The President’s revised text (ISBA/28/C/WOW/CRP.1/Rev.1) – July 2023