Deep-sea mineral extraction moratorium in Portugal

On 1 April 2025, the first EU-level moratorium on deep-sea level mineral extraction was approved by the Portuguese Parliament, making Portugal the first European country to have an approved prohibition to extract critical minerals and engage in mining activities in national waters, showing a high level of respect for the precautionary principle, biodiversity, and marine resources protection. 

In this article, Leonor Burguete will look into the impact of deep-sea mining (or seabed mining) on the environment and society, as well as explore how companies can prepare for this moratorium, adjust their activities to avoid compliance risks, and adapt in order to benefit from sustainability initiatives and emerging greener technologies. 

The impact of deep-sea mining

Seabed critical minerals, such as copper, lithium, nickel, or manganese, are known to be used in batteries and electronics, alongside renewable energy production. Companies are currently using heavy machinery to extract it without knowing the true impact. Experts have been advocating for further investigation to understand all potential environmental impacts of this activity. However, some studies already indicate that the seabed plays a fundamental role in climate regulation and carbon absorption leading to a current conclusion that “deep-sea mining is not worth the risk”.  

Deep-sea mining leads to several environmental and social challenges, including endangering fauna and flora species, destroying habitats, and worsening the climate crisis, as the deep ocean “absorbs and stores over 90% of the excess heat and nearly 40% of the carbon dioxide generated by humanity”. The list of risks arising from this mineral extraction highlights the fact that once gone, these resources cannot be replaced. 

The moratorium in Portugal

In early 2025, Law 36/2025 of 31 March establishing a moratorium on the prohibition of deep-sea mineral extraction until 2050 — amending Law 98/2021 of 31 December and Law 17/2014 of 10 April — was approved and published in the Portuguese Official Journal (Diário da República).  

The amendment on Law 98/2021 added, as part of the climate policy, a moratorium on deep-sea mining, as long as this is justified by the precautionary principle. Moreover, it modified Law 17/2014, establishing a moratorium on deep-sea mineral extraction until 2050. As a result, all companies are prohibited from carrying out seabed mining and exploration in the Portuguese maritime space, including all searching and examining activities until 1 January 2050, to ensure the protection and preservation of marine biodiversity. 

This aligns with the United Nations Convention on the Law of the Sea (UNCLOS), by supporting the precautionary principle emphasized therein, advocating for the protection of the marine environment against activities that could cause significant harm. It also aligns with the International Seabed Authority’s (ISA) ongoing discussions aimed at ensuring that deep-sea mining activities don’t adversely impact marine ecosystems. 

Moreover, the prohibition of deep-sea mining, contributes to the EU’s goal of achieving Good Environmental Status (GES) for the EU’s marine waters and protecting the marine environment more broadly, as per the European Union’s Marine Strategy Framework Directive (MSFD).  

This initiative shows a proactive stance on marine conservation and is expected to set a significant example for other countries, inspiring other nations to adopt similar measures, and therefore contributing to global efforts to protect marine environments. 

Deep-sea mining around the world

Portugal may be the first country in Europe to pass such a law, but other jurisdictions around the world, such as Hawaii, have legal prohibition for harmful deep-sea mining. 

Many governments are calling for a moratorium, precautionary pause, or ban on deep-sea mining, either in international waters, national waters, or both. 

In 2024, countries such as Austria, Guatemala, Norway, and Finland, among others, expressed worries about the harmful effects of seabed mining on marine ecosystems and the climate, showing support for initiatives aimed at safeguarding the ocean and enhancing the conservation of marine biodiversity. The United Kingdom has also clarified its position on this topic, ensuring the Nation “will not sponsor or support the issuing of any such licenses until sufficient scientific evidence is available to assess the potential impact of deep sea mining activities”. 

In other countries, such as the United States of America (which hasn’t ratified the UNCLOS), the likelihood for participation in a moratorium on seabed mining activities regulated by the International Seabed Authority (ISA) seems limited.  

Portugal’s ambition can only be seen as a proactive example of environmental commitment to sustainable development, and we can expect to see other jurisdictions follow in its footsteps.  

Business risks and repercussions

As mentioned, critical mineral extraction used for making batteries for electric cars, for example, has direct and indirect risks for our society. Among others, one of the primary concerns is the potential for harm created by disturbing the seabed as nodules are extracted, leading experts to believe this could reduce carbon sequestration and potentially release stored carbon, aggravating the climate crisis. 

Despite most countries not having legislated on the prohibition of deep-sea mining, it doesn’t mean companies shouldn’t be concerned. Quite the contrary, companies have a great opportunity to align their policies and sustainability goals with protecting the marine environment. Considering the aforementioned expectations on mineral extraction from the seabed, companies who continue to carry out these activities may face reputational risks from a public and stakeholders concerned about sustainability, ultimately leading to reputational damage and loss of trust.  

When operating against a legal prohibition, companies can face significant fines and sanctions. This includes penalties for environmental damage and failure to comply with said legal frameworks.  

Benefits and opportunities of the moratorium

It’s now of the utmost importance to find solutions that don’t depend on critical mineral extraction crucial for electronics and batteries manufacturing, as well as renewable energy — such as wind turbines, solar panels, and other clean energy technologies. But what opportunities arise for companies to reevaluate their own facilities and operations? 

Sustainable alternatives are available, and aren’t only beneficial for the environment, but also to companies’ operations, potentially making them even more efficient.  

Experts are suggesting companies adopt, among others, the following actions to ensure their operations comply with global sustainability policies on marine protection, including deep-sea mining prohibitions. 

Recycling and reusing 

By focusing on recycling and reusing materials and adopting circular economy practices to reduce the need for new mineral extraction, companies can enhance recycling policies and technologies to design products for easier disassembly and material recovery. Therefore, circular economy is key to sustainable critical mineral use and minimizing environmental risks. 

Alternative materials 

By innovating with alternative materials companies can engage in researching and developing alternatives to critical minerals. This can help them reduce dependency and develop breakthrough technologies, as well as become pioneers in sustainable innovation. 

By embracing these opportunities, companies can help mitigate the risks associated with critical mineral extraction as they position themselves as leaders in sustainable advancements and technological breakthroughs. 

The future of deep-sea mineral extraction

As the immense global seabed is being investigated and studied, experts have reiterated the importance of it as a major carbon reservoir, helping to regulate the Earth’s climate, and supporting marine ecosystems and biodiversity.  

A moratorium on deep-sea mining, such as the one approved on the Portuguese maritime space in March 2025, is needed to promote sustainability efforts and mitigate the climate crisis. However, it comes with challenges. Companies will not only be at risk for non-compliance burdens, but also for reputational risks if they fail to comply with the prohibition for critical mineral extraction from the deep-sea.  

Companies involved in these activities must stay sharp and plan ahead, as there’s a high chance more moratoriums will be approved around the globe.  

Opportunities can be found for businesses seeking innovative solutions. Companies pioneering eco-friendly advancements, such as through alternative materials innovation, will lead the charge towards a greener global economy, fostering a wave of sustainable development that benefits both the planet and society.  

Of course, developing alternatives to critical minerals comes with challenges, including high research costs, technological barriers, and the need for significant investment. However, the potential rewards are immeasurable as companies cannot only reduce environmental impact but also drive technological innovation, leading towards a more sustainable future.