International Seabed Authority ISBA/18/C/22

Council Distr.: General

26 July 2012

Original: English

12-44269 (E) 260712

*1244269*

Eighteenth session

Kingston, Jamaica

16-27 July 2012

Decision of the Council relating to an environmental management

plan for the Clarion-Clipperton Zone

The Council of the International Seabed Authority,

Taking into account the recommendations of the Legal and Technical

Commission pursuant to article 165, paragraph 2 (e), of the United Nations

Convention on the Law of the Sea of 10 December 1982,1

Recalling article 145 of the Convention, which requires that necessary

measures shall be taken in accordance with the Convention with respect to activities

in the Area to ensure effective protection for the marine environment from harmful

effects which may arise from such activities,

Recalling also that, pursuant to article 162 of the Convention, the Council has

the power to establish the specific policies to be pursued by the Authority on any

question or matter within the competence of the Authority,

Recalling further that the General Assembly of the United Nations, in its

resolution 63/111, reaffirmed the need for States and relevant international

organizations at all levels to urgently consider ways to integrate and improve, on a

scientific basis, including the precautionary approach as set out in principle 15 of

the Rio Declaration on Environment and Development,2 in accordance with the

Convention and related agreements and instruments, the management of risks to the

vulnerable marine biodiversity,

Mindful of the work of the Ad Hoc Open-ended Informal Working Group of

the General Assembly to study issues relating to the conservation and sustainable

use of marine biological diversity beyond areas of national jurisdiction,

Considering that the implementation of a comprehensive environmental

management plan at the regional level is one of the measures appropriate and

necessary to ensure effective protection of the marine environment of that part of

__________________

1 United Nations, Treaty Series, vol. 1833, No. 31363.

2 Report of the United Nations Conference on Environment and Development, Rio de Janeiro,

3-14 June 1992, vol. I, Resolutions Adopted by the Conference (United Nations publication,

Sales No. E.93.I.8 and corrigendum), resolution 1, annex 1.

ISBA/18/C/22

12-44269 2

the Area known as the Clarion-Clipperton Zone from harmful effects that may arise

from activities in the Area and that such a plan should include provision for the

establishment of a representative network of areas of particular environmental

interest,

Recognizing the rights of those entities which presently hold contracts with the

International Seabed Authority for exploration for polymetallic nodules in the

Clarion-Clipperton Zone pursuant to the Convention, the Agreement relating to the

implementation of Part XI of the United Nations Convention on the Law of the Sea

of 10 December 19823 and the Regulations on Prospecting and Exploration for

Polymetallic Nodules in the Area,4 in particular their security of tenure over areas

allocated for exploration, in accordance with their contracts,

Taking into account the note by the secretariat on the status of the

environmental management plan for the Clarion-Clipperton Zone,5

1. Approves the environmental management plan for the Clarion-Clipperton

Zone as recommended by the Legal and Technical Commission,6 to be implemented

over an initial three-year period, which includes the designation, on a provisional

basis, of a network of areas of particular environmental interest, as defined in the

annex to the present decision, and gives effect to the precautionary approach as

called for by the Regulations;4

2. Decides that the plan will be applied in a flexible manner so that it may

be improved as more scientific, technical and environmental baseline and resource

assessment data are supplied by contractors and other interested bodies;

3. Requests the Legal and Technical Commission to make recommendations,

where appropriate, to the Council relating to the network of areas of particular

environmental interest, on the basis of the results of workshops7 with a view to

redefining, where necessary, the details of the size, location and number of required

areas of particular environmental interest;

4. Also requests the Legal and Technical Commission to report to the

Council on the implementation of the environmental management plan;

5. Encourages further dialogue with all stakeholders to ensure

complementarity with regard to the proposed areas of particular environmental

interest, the precise location of which may be reviewed;

6. Decides that, for a period of five years from the date of the present

decision or until further review by the Legal and Technical Commission or the

Council, no application for approval of a plan of work for exploration or

exploitation should be granted in areas of particular environmental interest referred

to in the annex;

7. Also decides to apply the present decision in accordance with the

Convention,1 the Agreement,3 the Regulations4 and the terms of the contracts on

exploration for polymetallic nodules issued in respect of the Clarion-Clipperton Zone;

__________________

3 United Nations, Treaty Series, vol. 1836, No. 31364.

4 See ISBA/6/A/18, annex.

5 ISBA/18/C/11.

6 ISBA/17/LTC/7.

7 See ISBA/17/LTC/7, para. 42, and ISBA/18/C/20, para. 20.

ISBA/18/C/22

3 12-44269

8. Encourages the conduct of marine scientific research in the areas of

particular environmental interest referred to in the annex, in accordance with article

143 of the Convention, and the full and effective dissemination of the results of such

research through the Authority;

9. Requests the Secretary-General of the International Seabed Authority to

take steps to encourage the development of programmes for marine scientific

research in the Clarion-Clipperton Zone, including in the areas of particular

environmental interest referred to in the annex, for the benefit of developing States

and technologically less developed States, including through the Endowment Fund

for Marine Scientific Research in the Area of the Authority;

10. Also requests the Secretary-General to communicate the present decision

to members of the Authority, observers to the Authority and relevant international

organizations.

180th meeting

26 July 2012

ISBA/18/C/22

12-44269 4

Annex

Coordinates of areas of particular environmental interest in the

Clarion-Clipperton Fracture Zone (Decimal degrees; geodetic data: WGS 84)

APEI No.

North-west North-east South-west South-east

Longitude Latitude Longitude Latitude Longitude Latitude Longitude Latitude

1 -155.1258230 14.7786439 -151.4341771 14.7786439 -155.1258230 11.1813560 -151.4341771 11.1813560

2 -137.7429577 17.4489937 -134.0073094 17.4489937 -137.7429577 13.8518916 -134.0073094 13.8518916

3 -129.6681041 20.7629612 -125.8642789 20.7629612 -129.6681041 17.1656730 -125.8642789 17.1656730

4 -151.2224262 8.2492578 -147.6012762 8.2492578 -151.2224262 4.6510260 -147.6012762 4.6510260

5 -138.3177402 9.6026421 -134.6738681 9.6026421 -138.3177402 5.9923037 -134.6738681 5.9923037

6 -123.3272506 20.0121153 -119.6066506 20.0121153 -123.3272506 16.4794164 -119.6066506 16.4794164

7 -144.3546889 6.4886439 -140.7453109 6.4886439 -144.3546889 2.8913559 -140.7453109 2.8913559

8 -133.0892640 8.0086440 -129.4707359 8.0086440 -133.0892640 4.4113559 -129.4707359 4.4113559

9 -127.0236679 10.3201755 -123.3862099 10.3201755 -127.0236679 6.7228874 -123.3862099 6.7228874

ISB

A/1

8/C

/22

12

-44

26

9

5

Exploration areas, areas reserved for the authority and areas of particular

environmental interest in the Clarion-Clipperton Fracture Zone

Abbreviations: APEI, area of particular environmental interest; EEZ, Exclusive Economic Zone; VLIZ, Flounders Marine Institute; WGS 84,

World Geodetic System 1984.