KEY STATEMENTS BY STATES – 11.11.21

Date: 11 November 2022

Chile

  • Highlighted highlighted that in the case of damage to the environment, contractor’s should not have their contract renewed and shouldn’t have the opportunity to find sponsorship with another country “because we already know that this is a contractor who does not abide by the contract and who puts the environment at risk.”
  • Chile expressed concern that on transfer of rights and obligations UNCLOS does not discuss the ability to transfer partial rights.
  • Stated that an Environmental Performance Guarantee should be presented before activities in marine environment commence

Costa Rica

  • The delegation warned that if Sponsoring states are not notified of environmental damage by contractors, they could be responsible for damage.
  • Shared concerns around effective control
  • Stated that for certain regulations, the more they are read, the less sense they make.
  • Reiterated the mandate of the Authority “to protect the common heritage of humankind”
  • On the ISA’s updated roadmap – the delegation expressed that they were happy to see adoption of regulations on the ISA’s previous roadmap in July 2023 changed in line with Brazil’s proposal to ‘reviewed’ in July 2023, stating that this doesn’t represent a commitment and that we don’t have a sword of Damocles as Chile put it.
  • The delegation stated that not making enough progress is a likely possibility.
  • Costa Rica also requested more time for the roadmap in the next meeting and not the last day, to discuss issues once again.
  • Costa Rica
  • Costa Rica stated that the area contains the common heritage of mankind not only mineral minerals, it’s also a very useful reserve of biodiversity of and a source of unknown genetic resources and a strength for the cycles of the planet and offers a lot of ecosystem services.

UK

  • The UK stated that it is beyond the mandate of the ISA to ensure that it doesn’t monopolise the production of any single mineral and metal produced

Mexico

  • Stated that the decision to modify plans of work should be responsibility of technical rather than administrative entity of the ISA.

South Africa

  • The delegation agreed with Costa Rica on changes to the ISA’s roadmap

Australia

  • Called for more time to be allocated to LTC meeting next year.

Brazil

  • Stated that it is not realistic that regulations will be agreed by July 2023.
  • Commented that naming and shaming contractors that are repeatedly violating obligations could be counterproductive in reaching the opposite of the desirable effect, which is full compliance with the contract and with the authorities regulation

India

  • India called for next year’s meetings to be in hybrid mode.

China

  • China stated that the contractors will be the direct provider of environmental baseline information and contractors participation is is a must

Belgium

  • Proposed to establsih an informal inter-sessional dialogue to facilitate further discussions on the possible scenarios and other pertinent legal considerations with a view to explore commonalities on possible approaches and legal interpretations of the 2 year rule

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