TEMPLATE FOR SUBMISSION OF TEXTUAL PROPOSALS DURING THE 28TH SESSION: COUNCIL-PART II - DR 94 - Proposed amendments

Sep 12, 2026

Template for submitting textual proposals during the 28th session, Council part II, with instructions to complete one form per proposal amendment, addition, or deletion. It specifies the working group name, delegation names, and the relevant draft regulation reference (DR 94). The submission requires using Microsoft Word track changes and reproducing only amended or deleted text, followed by a rationale with a 150-word limit. The provided rationale supports annex-based procedures, consistent terminology, and Assembly approval for standards.

LanguageEnglish

CategoryForms

FormatPDF

Pages2

Reading Time1 min

AccessFree to download

Template for submission of textual proposals during the 28th session

Council part II

Working group and delegations

Reference to relevant provision (DR 94)

Proposed amendments instructions

Rationale (150-word limit)

TEMPLATE FOR SUBMISSION OF TEXTUAL PROPOSALS DURING THE 28TH SESSION: COUNCIL-PART II Please fill out one form for each textual proposal which your delegation(s) wish(es) to amend, add or delete and send to [council@isa.org.jm](council@isa.org.jm). 1. Name of Working Group: President’s Text 2. Name(s) of Delegation(s) making the proposal: The Pew Charitable Trusts 3. Please indicate the relevant provision to which the textual proposal refers. DR 94 4. Kindly provide the proposed amendments to the regulation or standard or guideline in the text box below, using the “track changes” function in Microsoft Word. Please only reproduce the parts of the text that are being amended or deleted. 2. The Council shall consider ~~and approve~~, upon the recommendation of the Commission [and taking into account statements submitted by Stakeholders during a public consultation,] the Standards, and shall provisionally adoptStandards pending approval by Assembly, provided that such Standards are consistent with the intent and purpose of the Rules of the Authority ~~[and][including][the decisions of the Council and the Assembly ~~[and, to the extent relevant, developed on the basis of Best Available Scientific Evidence, Best Environmental Practices, Best Available Techniques, and Good Industry Practice] . If the Council does not approve such Standards, the Council shall return the Standards to the Commission for reconsideration in the light of the views expressed by the Council. [The Standards approved by the Council shall remain effective on a provisional basis until approved by the Assembly or until amended by the Council in the light of any views expressed by the assembly] . 3. [The Standards contemplated in paragraph 1 above [may][~~must~~] include both qualitative and quantitative standards, [if applicable], and may ~~must~~ include all the methods, processes and technology required to implement the Standards.] [4.alt. Standards [or amendments thereto] adopted by the Council and approved by the Assembly shall be legally binding on Contractors, [member States] and the Authority [from the date of their adoption] and the Commission shall review these Standards at least every five years from the date of their adoption or revision and advise the Council, in the light of improved knowledge or technology, as to whether any revision is required] ~~[5~~.~~bis~~.~~ To the extent of any inconsistency between a Standard and amendments thereto~~,~~ and an already approved Plan of Work~~,~~ a Contractor following a reasonable transition period~~,~~ shall use its best efforts to comply with any additional changes to its Plan of Work as a result of the amendment~~.~~]~~ 5. Please indicate the rationale for the proposal. [150-word limit] We strongly support the reference in paragraph (1) to an Annex, which can set out transparent procedures and objective criteria for identifying and recruiting external experts where required to support the ISA’s work. This Annex can be referred to in each regulation that requires the ISA to involve competent independent experts (which is inserted in various parts of the regulations without any further explanation). We would also suggest that this term (ie ‘competent independent expert’ is used consistently throughout the Regulations, instead of various other formulations (e.g.‘recognised experts’ or ‘independent experts’ which are used elsewhere) . The term ‘competent independent experts’could also be defined in the Schedule, as a person identified in accordance with the Annex, and then the Annex would not need to be referenced in the Regulations every time. NB we note that there is already an Annex X (‘Standard Clauses for Exploitation Contract’) so we believe the reference here should be to a new Annex XI. We prefer 1(a) alt noting that the terminology ‘human health and safety’ is used elsewhere in the Regulations, rather than ‘operational safety, which’ is not. So this amendment provides

FAQs

How should proposed amendments and the rationale be prepared?

Use Microsoft Word track changes and reproduce only the parts being amended or deleted; provide a rationale within a 150-word limit.

Sep 12, 2026

Upload by Emma Mercer