SEABED COUNCIL CONTINUES WORK ON ENVIRONMENTAL RULES

Press Release
SEA/1627

SEABED COUNCIL CONTINUES WORK ON ENVIRONMENTAL RULES

(Received from the International Seabed Authority.)

KINGSTON, 12 August -- The role of mining contractors in protecting and preserving the marine environment, as well as actions required of them in the event of harmful incidents during exploration activities, were the main topics of informal consultations this morning in the Council of the International Seabed Authority, meeting in Kingston.

The Council is continuing its first reading of the draft Mining Code, which sets out regulations governing exploration for polymetallic nodules in the international seabed area. This morning it completed discussion of sections 5 and 6 of annex 4 of the text, containing standard clauses for exploration contracts between mining entities and the Authority.

Many delegations proposed that section 5, dealing with the contractor's environmental monitoring responsibilities, should follow more closely the provisions of regulation 28, which sets out general rules for protection and preservation of the marine environment. Section 5 obliges the contractor to ensure the effective protection of the marine environment from serious harm; take precautionary measures to anticipate, prevent and minimize any adverse impacts which may arise from its activity; monitor effects, and report the results to the Authority.

Some delegations felt the phrase "serious harm which may arise" might be too vague and recommended more precise wording to emphasize the urgent need for the contractor to be responsible to the Authority for protection of the marine environment. The view was also expressed that the text should not authorize contractors alone to establish environmental baselines against which to assess the likely effects of their activities, but that this should be done in cooperation with the States involved and the Authority.

In general comments on the testing of mineral-collecting systems, some delegates sought to have points in section 5 reviewed to conform to environmental guidelines now being developed by the Council's Legal and Technical Commission. There was also a call for clear definition of "environmental baselines", which relates to data on conditions that exist before tests begin on collecting systems and processing operations. Such data are required to assess the likely effects of the contractor's activities.

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To avoid mistakes by contractors, some delegates wanted a clearer distinction between two types of areas to be set aside for assessing the impact of seabed activities: "impact reference zones", now defined as exploitation areas having representative environmental characteristics, and "preservation reference zones", where no mining would occur so that any changes in flora and fauna could be judged. Such areas would have to be set aside if the contractor applied for exploitation rights.

Section 6 of annex 4 would require contractors to submit to the Secretary-General of the Authority a contingency plan describing procedures and equipment to deal with environmental incidents arising from their activities. These plans would be submitted prior to the commencement of a contractor's programme of work, and would include arrangements for prompt notification of incidents and the removal or reduction of polluting substances.

Deliberations focused on the wording of section 6 and on the role of contractors in reporting emergencies. Some delegates held that the clause did not clearly define the responsibilities of the contractor in raising an alarm and notifying the Authority of an emergency, nor did it cover the costs associated with repair of damage to the marine environment. According to one view, the clause should specify that the alarm be sounded to all States, including coastal States, that would be immediately impacted by an emergency. It was also suggested that a general alarm be made to provide information worldwide so that interested countries could act. Some speakers wanted the word "immediate" to replace "prompt" in describing the type of notification contractors should provide the Secretary-General.

One delegation, calling for more precise wording in the clause concerning notification, recalled past attempts by nations and businesses to conceal oil spills and other environmental disasters from the rest of the world, as in the case of the Amoco Cadiz spill in 1978. Another delegation strongly urged that contractors be required to provide an elaborate contingency plan to the Authority prior to their activity, noting that any contractor serious about exploration would have done extensive planning.

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