SEABED COUNCIL DISCUSSES MEANING OF MARINE ENVIRONMENT, POLYMETALLIC NODULES, PRECAUTIONARY MEASURES
Press Release
SEA/1641
SEABED COUNCIL DISCUSSES MEANING OF MARINE ENVIRONMENT, POLYMETALLIC NODULES, PRECAUTIONARY MEASURES
19990824(Received from the International Seabed Authority.)
KINGSTON, 23 August -- This afternoon in Kingston, the Council of the International Seabed Authority continued its second reading of the revised draft mining code for prospecting for polymetallic nodules in the international seabed area. The informal consultations focused on definitions for "marine environment", "polymetallic nodules" and "precautionary measures".
These informal proceedings are to continue tomorrow, 24 August, after the Council meets formally at 10 a.m. to consider the Authority's budget and scale of assessments for 2000 and the draft headquarters agreement with the Government of Jamaica.
This morning the Council began its second reading of the seabed regulations, based on a revised draft incorporating its earlier work on the text since March 1998.
This afternoon's discussion started with the definition of "marine environment", which the text set out as follows: "the physical, chemical, sedimentological and biological components, conditions and factors which interact and determine the productivity, state, condition and quality of the marine ecosystem, the waters of the seas and oceans and the airspace above those waters, as well as the seabed and ocean floor and subsoil thereof".
There was wide support for a suggestion to change the word preceding the definition from "means" to "includes", so that the list of environmental factors would be a non-exhaustive one. It was also agreed to replace "sedimentological" by "geological".
During this morning's discussion, several delegations had questioned the need to include a definition of the marine environment at all, and this afternoon, speakers continued to express their views for or against its inclusion. Most argued in favour of including it. They said it was an essential part of the code and laid the foundation on which the regulations would function. Leaving it out, they felt, might lead to non-compliance on the part of seabed contractors or might prevent the Authority from taking action in the event of an environmental incident.
A member made the point that this definition should be considered in connection with that of "serious harm to the marine environment". A clear definition of the marine environment, in this view, would lead to a more precise interpretation of the regulation on serious harm. Another delegation wanted the concept of biological diversity to be included, especially since a number of member States were parties to the 1992 Convention on Biological Diversity, and had an obligation to uphold its principles.
One speaker favouring deletion of the definition claimed that it was incomplete and wondered if the Council should attempt to define a term that neither the 1982 United Nations Convention on the Law of the Sea nor other international instruments had managed to define. He pointed out that in the 46 articles of Part XII of the Convention, concerned with the marine environment, there was no such definition. Another opponent did not understand it as it stood. A third warned of the danger of an incomplete definition, and did not feel that deleting it would lead to non-compliance by contractors, as feared by some members. One member firmly opposed any reference to biological diversity.
As there was general support for the text as revised today, it was agreed that it would be included in the next draft of the mining code to be considered in the Council's third reading.
The draft defines "polymetallic nodules" as "one of the resources of the Area consisting of deep sea accretionary deposits of oxy-hydroxides of manganese and iron, which may contain, inter alia, nickel, copper and cobalt, found on and within an unconsolidated sediment".
One representative described this definition as geologically incorrect. He explained that some nodules might not contain the minerals listed and could possibly contain others not mentioned. In addition, contrary to the description in the definition, polymetallic nodules could be found on consolidated, as well as unconsolidated, sediment. He suggested that the best definition could be found in resolution 2 adopted in 1982 by the Third United Nations Conference on the Law of the Sea at the same time it adopted the Convention: "one of the resources of the Area consisting of any deposit or accretion of nodules, on or just below the surface of the deep seabed, which contain manganese, nickel, cobalt and copper".
A number of delegations made the point that the participation of the Chairman of the Legal and Technical Commission would have been useful during discussions of a scientific nature. While agreeing with that point in principle, a member commented that in the event of a difference of scientific opinion in the informal discussions, the Council would still not be competent to decide on scientific matters. This view echoed that of other delegations who urged members to trust the competence of the Commission's expert members.
The Council agreed to delay further discussions on this definition to the third reading of the code.
The text on "precautionary measures" states that "where there are threats of serious or irreversible damage to the marine environment, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation".
In the discussion on this definition, one delegate cautioned against the use of the word "serious" in the text to describe the type of damage to the environment, and suggested instead the term "adverse effects". That delegation also wanted to include "pollution", as defined in the Convention. Others said "precautionary measures" were not clearly defined and offered to formulate a new definition, while another delegate called for the removal of qualifying adjectives, such as "irreversible damage", which could be interpreted in the interest of entities that caused damage to the marine environment.
Three delegations sought to have debate on this definition deferred until the Council took up the regulation on protection and preservation of the marine environment, and said they would support moving the description of the term into that regulation. One delegation pointed to the importance of stating clearly in the regulations that precautionary measures could be applied to both exploration and exploitation of the deep seabed.
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