A new legal analysis commissioned by NGOs Seas At Risk and ClientEarth warns that minerals from deep-sea mining could reach the EU market within the coming years unless action is taken. The study finds that the EU has the legal authority to prevent these minerals from being placed on its market to avoid destroying the ecosystem of one of the least explored and understood places on earth.
Deep-sea mining is moving closer to commercial reality despite major scientific uncertainty and environmental risks. In April 2025, the United States opened a pathway for companies to seek approval for deep-sea mining in international waters, outside the existing global governance framework provided by the International Seabed Authority (ISA). A commercial license could be issued as early as 2027. Meanwhile, the ISA is facing growing pressure to expedite negotiations on a Mining Code, which would open international waters to this industry.
Simon Granberg, Senior Deep-Sea Mining Policy Officer at Seas At Risk said:
“Deep-sea mining is being marketed as a solution to the critical raw materials challenge. It is not. It is a high-risk industry seeking to industrialise one of the least understood ecosystems on earth despite mounting opposition from governments, scientists, businesses and investors. If the EU is serious about its precautionary pause position, it must not facilitate this destructive industry to capitalise on one of the largest markets in the world.”
The EU has repeatedly called for a precautionary pause on the industry – along with 43 countries. The EU Critical Raw Materials Act also effectively excludes deep-sea mining from its scope. The study warns that allowing such minerals into the EU market would conflict with these commitments.
The analysis further finds that the EU can legally prohibit deep-sea minerals under the precautionary principle, which allows preventive action where there is risk of serious or irreversible environmental harm. It concludes that such a measure could be compatible with World Trade Organization rules if applied in a non-discriminatory way and justified by environmental objectives.
Arthur Meeus, lawyer at ClientEarth said:
“EU law provides the legal safeguards needed to prevent products linked to harmful activities from entering the EU market. Deep-sea minerals and downstream products containing these minerals are no exception to this restriction. The EU has both the legal basis and the competence to restrict their placement on the EU market, it should therefore mobilise its legal toolkit to that end.”
Studies show that circular economy measures, resource efficiency and technological innovation can meet Europe’s critical raw materials needs without opening a destructive new mining frontier in the deep ocean. Seas At Risk and ClientEarth therefore call on the EU and Member States to defend a moratorium on the industry, coordinate internationally to prevent unlawful extraction and exclude the sector from public support.
ENDS
Notes to editors:
The legal analysis examines EU competence, WTO compatibility, and implications for international ocean governance under UNCLOS. Read the full analysis here.
More than 82 financial institutions, representing over €24 trillion in assets, have raised concerns or committed not to finance the sector. Multiple studies also indicate that deep-sea minerals are not necessary for the green transition, given advances in recycling, material efficiency and innovation.
About ClientEarth
ClientEarth works in over 60 countries across Africa, the Americas, Asia-Pacific and Europe. We shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world.
About Seas At Risk
Seas At Risk is an association of environmental organisations working together to ensure a healthy, thriving and climate-resilient ocean that supports all life. Its mission is to promote ambitious policies for marine protection and restoration at European and international level. As a network of 39 environmental organisations from across Europe, representing the majority of European countries, Seas At Risk speaks for millions of citizens that care deeply about the health of the ocean and wellbeing of all life.
Contact details
Diane Vandesmet, ClientEarth Communications Manager:
Sara Tironi, Senior Communications Officer at Seas At Risk
Posted on: 30 June 2026
