SEABED COUNCIL PRESIDENT ANNOUNCES PARTIAL AGREEMENT ON EXPLORATION CODE; NEGOTIATIONS CONTINUE

Press Release
SEA/1690

SEABED COUNCIL PRESIDENT ANNOUNCES PARTIAL AGREEMENT ON EXPLORATION CODE; NEGOTIATIONS CONTINUE

(Received from International Seabed Authority)

(Kingston, 12 July) -- The President of the Council of the International Seabed Authority informed the Council in Kingston this afternoon that agreement had been reached on all but one remaining issue relating to the draft regulations for polymetallic nodule exploration in the deep seabed.

Without specifying the content of the agreement or identifying the sticking point, President Sakiusa A. Rabuka (Fiji) stated that private negotiations were continuing this afternoon. He expressed hope that the Council could adopt the regulations before the Authority ends its current session on Friday, 14 July.

The President said it was necessary to allow delegates time to look over the revised text containing the new positions on the outstanding issues, and he commended the willingness of delegations to accommodate the positions of others.

“In the informal consultation this morning we did arrive at constructive proposals in which delegations were able to demonstrate their willingness to arrive at a consensus text”, Mr. Rabuka said. He proposed an adjournment of the Council to allow him to meet with interested delegations on the outstanding matter, adding: “I believe that should we resolve the outstanding issue that remains before us, we will be in a position to adopt the code before Friday”.

Since resuming work on the code at the start of the current session on 3 July, the Council has been working in private, informal consultations to seek agreement on outstanding issues. The main point of contention, as identified then, was a proposal by Chile, made in March (document ISBA/6/C/L.3), to require all applicants for seabed contracts to provide an “environmental surety”. The aim would be to provide funds so that the Authority could take emergency measures when a contractor did not act promptly to deal with an environmental threat caused by seabed exploration activities.

The Council will meet again at 10 a.m. tomorrow, 13 July, to take up other matters while it awaits a new text. These are the next budget of the Authority, two rules of procedure of the Legal and Technical

- 2 - Press Release SEA/1690 14 July 2000

Commission and a report by the Chairman of that body on its work at the current session.

Shortly before the meeting, a complete text of the draft regulations, without the most recently negotiated provisions, was circulated to delegates (document ISBA/6/C/8), in the form of a proposal by the President. It contains a few changes from the version prepared by him and the secretariat following the Council’s March meetings (ISBA/6/C/2). The changes are largely confined to the part of the text on protection and preservation of the marine environment.

Regulation 32, on emergency orders, concerns actions to be taken in the event of an incident resulting from or caused by a contractor’s seabed activities that has caused, or is likely to cause, serious harm to the marine environment. As in the earlier version, the Secretary- General must notify the contractor and the State or States sponsoring it, and report to the Legal and Technical Commission and the Council. A new phrase requires him also to “cause a general notification of the incident to be issued”. A copy of his report is to go “to competent international organizations” (an addition) as well as to members of the Authority and subregional, regional and global organizations and bodies.

Pending Council action, the Secretary-General “shall” (rather than “may”) take immediate temporary measures to prevent, contain and minimize serious environmental harm. The remainder of the regulation, authorizing Council action including the issuance of emergency orders to deal with the problem, is unchanged.

No changes have been made to regulations 33, on rights of coastal States, and 34, on archaeological and historical objects.

In regulation 35, on proprietary data and information and confidentiality, a revised clause provides that confidential material from seabed contractors may be used by the Secretary-General and staff of the secretariat “as authorized by the Secretary-General” (phrase in quotes added) only as necessary for and relevant to the effective exercise of their powers.

Regulation 14, on undertakings required in applications when someone seeks the Council’s approval of plans of work for exploration in the form of contracts, provides that the applicant must accept as enforceable and comply with obligations under the Authority’s rules, regulations and procedures. The qualification “in force as at the date the application is submitted” has been dropped.

* *** *