Amid growing pressure to deliver, the International Seabed Authority (ISA) Council continued negotiations on the draft exploitation regulations for the deep seabed. Once agreed, the exploitation regulations will be part of the “mining code” – a regulatory framework for deep-sea mining activities comprising the rules, regulations, and procedures governing activities in the Area (the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction).

According to the Earth Negotiations Bulletin (ENB) summary report of the first part of the 31st annual session of the ISA, this framework “includes the regulations for prospecting and exploring deep-sea mineral resources (exploration regulations), the regulations for commercial exploitation of the resources, and a set of standards and guidelines to support implementation of the regulations.” “While the exploration regulations have been in place for several years,” it notes that “negotiations on the exploitation regulations are ongoing.”

At the outset, delegates recognized the need to “maintain momentum generated through intersessional work” and to “balance pressure to finalize the regulations with the need for a robust and science-based framework.”

Negotiations on the draft exploitation regulations were structured around four themes, in line with the thematic approach adopted by the Council at the ISA’s 30th session: environmental matters; financial matters; regulatory, procedural, and institutional matters; and governance matters. Discussions drew from an indicative list of outstanding issues, prepared by the Secretariat at the Council’s request. Among issues requiring further work and on which Council members’ views have proven difficult to reconcile were those related to inspection mechanisms, environmental externalities, underwater cultural heritage, and coastal state rights, the ENB analysis of the meeting highlights.

“Following focused discussions, members agreed that some issues, such as environmental management and monitoring, can be removed from the list, reflecting progress made during the session,” ENB reports.

The scope of resources to be covered by the regulations was also the subject of debates by the Council, with some members favoring limiting the draft regulations to polymetallic nodules, while others preferred a broader framework applicable to all mineral resources where resource-specific distinctions would be made through the standards and guidelines. Among other issues considered by the Council were parent company liability statements, confidentiality provisions, the rights and interests of coastal states, underwater cultural heritage, and definitions in the schedule, including “incident” and “notifiable event.” “Many of these issues will be further discussed during the intersessional period,” ENB writes.

Delegates also considered the development of standards and guidelines. Many emphasized their critical role in the exploitation framework, noting that “while numerous standards are referenced in the draft regulations, only a few have been developed so far.” They stressed the need for urgent progress, including a clear roadmap and timeline. The Council therefore endorsed a recommendation by the ISA-31 Council President “to request the Legal and Technical Commission (LTC) to consolidate and revise the list of standards and guidelines, identify those that should be ready by the time of adoption of the regulations, and develop a timeline or roadmap for their development.” The LTC is expected to report back before the Council’s meeting in July 2026.

While the meeting marked progress in structuring and focusing negotiations, major issues remain unresolved, ENB notes. These include the resource scope of the regulations and the sequencing of standards and guidelines.

The Council agreed to continue structured intersessional work and requested the Secretariat to prepare a further revised consolidated text, reflecting changes made during this session and the upcoming intersessional period. To be published by 1 June 2026, the text will be considered by the Council at the second part of the ISA’s 31st session in July.

The ISA Council met during the first part of the 31st annual session, from 9-19 March 2026 in Kingston, Jamaica. [ENB Coverage of First Part of ISA’s 31st Annual Session]