LEGAL AND TECHNICAL COMMISSION TAKES UP SEABED SULPHIDES AND CRUSTS

LEGAL AND TECHNICAL COMMISSION TAKES UP SEABED SULPHIDES AND CRUSTS

(Reissued as received.)

KINGSTON, 8 August (International Seabed Authority) -- The Legal and Technical Commission of the International Seabed Authority, meeting in Kingston this morning, began discussing issues concerning the process of future deliberations on the two newest categories of mineral discoveries in the deep ocean.  The two mineral resources -- polymetalllic massive sulphide deposits and cobalt-rich ferromanganese crusts – are found in seabed areas underlying both national and international waters of the world’s oceans.

In an open meeting that all delegates to the current session of the Authority were invited to attend, the 24-member Commission considered how to deal with these deposits in light of the Authority’s mandate to promote scientific research and exploration of marine resources.  The type of regulations that would be applied to exploration for these minerals, and the way in which they might deal with the biological resources in the target areas, were also a focus of the discussion.

The Council of the Authority took up this issue for the first time last July, when it asked the Commission to study the matter further in preparation for a Council discussion scheduled to begin next Monday, 12 August.  The Commission is due to complete its one-week session tomorrow, 9 August.

The Commission opened its dialogue on the newly discovered mineral resources following an all-day seminar presentation yesterday by four marine scientists.  Experts expressed the view that, based on the size, depth and location of deposits, their concentration of base and other precious metals and available technologies, commercial exploitation of sulphides was more likely to occur before the mining of polymetallic nodules.  The Authority has already devised regulations for the mining of nodules on the ocean floor, and the Commission will consider how the regulations for sulphides and crusts should differ from those for nodules.

In today's discussion, Commission members voiced different views about how to approach the task of formulating rules and regulations for sulphides and crusts.  Some speakers were wary of drafting legislation covering both resources together, given the physical differences between them and the differing methods for exploration and extraction.  One view was that cobalt crusts, as they were more similar to nodules, could be considered first, while another opinion was that mining in hydrothermal vent areas was more feasible, as shown by the fact that they had already attracted investor interest off the coast of Papua New Guinea.

Other speakers opposed having separate sets of rules for each type of resource, with provisions too specialized to cover other resources that might be discovered in the future.  A more general set of rules, possibly similar to those governing polymetallic nodules with some amendments, complemented by a number of resource-specific clauses, seemed more practical to those holding this opinion.

One speaker said clear guidelines should be established to address environmental concerns.  He suggested that, in addition to the general code, contractors should work with environmental guidelines pertinent to each mineral resource.  Specific guidelines were essential, the speaker explained, because contractors would be given wide scope to explore areas that supported diverse ecosystems.

Another issue discussed was the type of contractual arrangements that might be made with the Authority. One suggestion was for an initial contract for three to five years, to be extended with the proviso that the contractor hand over a site of equal economic value to the Authority or offer future participation in the form of a partnership arrangement with the Enterprise (the Authority’s prospective mining arm) or any other partner such as a developing country.

A number of members stressed the need to formulate rules in a way that would not discourage investment.  While investors could be given no guarantee in the risky business of mining, potential contractors would need to understand the legal framework within which they had to operate before they would invest.

In opening today’s meeting to all delegations, the Commission departed from its normal practice of meeting in private.  Its rules of procedure oblige it to “take into account the desirability of holding open meetings when issues of general interest to the members of the Authority, which do not involve the discussion of confidential information, are being discussed”. 

The Commission is composed of 24 members elected by the Council in their personal capacity rather than as government representatives.  Its Chairman, newly elected this year, is Arne Bjørlykke (Norway).

Also this week the Commission is examining in closed session the first annual reports of seabed contractors to the Authority, submitted in accordance with the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area of the seabed beyond national jurisdiction, adopted by the Authority in 2000.  These reports are not public documents.

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