ISBA/29/A/4

International Seabed Authority

AssemblyDistr.: General22 April 2024
Original: English

Twenty-ninth session
Kingston, 29 July–2 August 2024
Item 16 of the provisional agenda*
Proposal for a general policy of the Authority for theprotection and preservation of the marine environment

Note verbale dated 19 April 2024 from the Permanent Mission ofChile to the International Seabed Authority addressed to thesecretariat of the Authority **The Permanent Mission of the Republic of Chile to the International SeabedAuthority has the honour to transmit herewith a joint proposal supported by Brazil,
Chile, Costa Rica, France, Germany, Ireland, Palau, Switzerland and Vanuatu for theinclusion of a new agenda item on the provisional agenda of the twenty -ninth sessionof the Assembly (see annex).

* ISBA/29/A/L.1.
** The note verbale was received by the secretariat on 19 April 2024. The annex is being issued
without formal editing.

24-07450 (E)010524*2407450*

ISBA/29/A/4

Annex to the note verbale from the Permanent Mission ofChile to the International Seabed Authority addressed to thesecretariat of the Authority
Proposal of Brazil, Chile, Costa Rica, France, Germany, Ireland,
Palau, Switzerland and Vanuatu for the inclusion of a new agenda
item on the provisional agenda of the twenty-ninth session of theAssembly, entitled “A general policy of the Authority for theprotection and preservation of the marine environment”
As stated in article 160 of the Convention, the Assembly is the supreme organof the Authority. As such, it has “the power to establish general policies in conformity
with the relevant provisions of this Convention on any question or matter within thecompetence of the Authority”, 1 and the duty “to consider problems of a general naturein connection with activities in the Area” 2 and “to discuss any question or matterwithin the competence of the Authority”. 3 Moreover, section 3 (1) of the Annex to theAgreement of 1994 provides: “The general policies of the Authority shall beestablished by the Assembly in collaboration with the Council”.
The operation of various provisions of the Convention is premised on t heexistence of general policies elaborated by the Assembly. Article 162 (1) provides:“The Council shall have the power to establish, in conformity with this Convention
and the general policies established by the Assembly, the specific policies to bepursued by the Authority on any question or matter within the competence of theAuthority”. Article 170 (2) provides: “The Enterprise shall act in accordance with thisConvention and the rules, regulations and procedures of the Authority, as well as thegeneral policies established by the Assembly, and shall be subject to the directives
and control of the Council”.
Within the last decade, there has been growing concern amongst State parties
and the international community in general, for the protection of the marine
environment. We have become aware of the richness that lays in our ocean, but alsoof the fragility of its ecosystems. This is particularly relevant with regard to the deepsea, where we have very little environmental and biologica l information.
Article 145 of the Convention expressly mandates the Authority to adopt
appropriate rules, regulations and procedures for the prevention, reduction andcontrol of pollution and other hazards to the marine environment, and the protection
and conservation of the natural resources of the Area and the prevention of damage
to the flora and fauna of the marine environment. 4
Furthermore, the Authority has the responsibility to ensure that activities in theArea are carried out in accordance with sound principles of conservation. 5
In response to the environmental concerns raised by many member States during
the 27th and 28th sessions of the Council and the Assembly, the Authority must
consider the adoption of measures and policies to address th em. This requires atransparent and well-informed consideration in the context of a faithfulimplementation of article 145 of the Convention, taking into account theprecautionary approach/principle and the common heritage of humankind.
__________________

Article 160 (1) of UNCLOS.
Article 160 (2) (k) of UNCLOS.
3
Article 160 (2) (n) of UNCLOS.
4
Article 145 of UNCLOS.
5
Article 150 (b) of UNCLOS.
12

2/3

24-07450

ISBA/29/A/4

In addition, the General Policy would be relevant for considering how the work
under the Authority can contribute to the principles governing the Area such as theprinciple of the common heritage of humankind and the equitable sharing of financial
and other economics benefits derived from activities in the Area in according Art. 140and 160 para. 2 lit. f. and i. of the Convention, inter alia, and the objectives of otherinternationally agreed frameworks, such as UNFCCC and its Paris Agreement, theKunming-Montreal Biodiversity Framework and the BBNJ Agreement.
The proponents request the inclusion of a new agenda item for the 29th Sessionof the Assembly meeting, seeking to initiate a discussion amongst the Member States
to address this matter, including the development of a general policy related to theprotection of the marine environment.

24-07450

3/3