The Mining Code
Draft exploitation regulations
In accordance with UNCLOS and the 1994 Agreement, since 2014, ISA has undertaken work to develop regulations for the exploitation of mineral resources in the Area. The process, which started with preliminary work in the context of expert workshops and involved the preparation of a number of expert studies and discussion papers, culminated in the development of draft regulations considered by the Legal and Technical Commission and the Council. Open stakeholder consultations have been undertaken throughout the process.
Current status of the draft exploitation regulations
The current version of the draft exploitation regulations (ISBA/25/C/WP.1) submitted by the Legal and Technical Commission can be accessed here.
The draft exploitation regulations are currently under negotiation by the Council of the Authority. Informal working groups and intersessional working groups have been established by the Council to advance the 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 modality for the work of the Council. It was agreed that a consolidated text would be provided for the continued negotiations by the Council. The consolidated text represents the current negotiations of the draft exploitation regulations by the Council, and in particular contains a compilation of work carried out in the informal working groups of the Council. The consolidated text (ISBA/29/C/CRP.1) was released on 16 February 2024.
The present status of the negotiations can be followed under the section named Working Groups and in the Council folders for each year under the section Sessions.
Previous versions of the draft exploitation regulations
- 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.