Considerations on COM(2023)353 - Signing of the Agreement under the UN Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction - Main contents
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| dossier | COM(2023)353 - Signing of the Agreement under the UN Convention on the Law of the Sea on the conservation and sustainable use of marine ... |
|---|---|
| document | COM(2023)353 |
| date | September 18, 2023 |
(2) There is a need to address, in a coherent and cooperative manner, biodiversity loss and degradation of ecosystems of the ocean, due to, in particular, climate change impacts on marine ecosystems, such as warming and ocean deoxygenation, as well as ocean acidification, pollution, including plastic pollution, and unsustainable use.
(3) There is a need for the comprehensive global regime under the United Nations Convention on the Law of the Sea (UNCLOS) to better address the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
(4) By way of the Council Decision 98/392/EC2, the European Union concluded UNCLOS in respect of those matters governed by it for which competence has been transferred to the European Union by its Member States. The European Union is thus far, the only international organisation which is a Party to UNCLOS within the meaning of Article 305(1)(f) of UNCLOS and Article 1 of Annex IX thereto.
(5) As a Party to UNCLOS, the European Union, alongside its Member States, has participated in the UN Ad Hoc Open-ended Informal Working Group (Working Group) that met from 2006 to 2015 to study issues relating to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. At the last meeting of the Working Group, it was recommended that an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (Instrument) should be developed.
(6) Following the recommendations adopted by the Working Group on 23 January 2015, the UN General Assembly adopted, on 19 June 2015, Resolution 69/292 which established, prior to holding an intergovernmental conference, a Preparatory Committee, open to all States Members of the United Nations, members of specialised agencies and parties to UNCLOS, to make substantive recommendations to the UN General Assembly on the elements of the draft Instrument. The participation rights of the European Union with regard to the meeting of the Preparatory Committee were covered by paragraph 1(j) of the above-mentioned Resolution 69/292.
(7) On 22 March 2016, the Council authorised the European Commission to open negotiations on behalf of the European Union on the elements of a draft text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction, in accordance with the negotiating directives set out in the Addendum to that authorisation.
(8) The European Union participated, alongside its Member States, in the four sessions, in 2016 and 2017, of the Preparatory Committee which was mandated to make substantive recommendations to the UN General Assembly on the elements of a future international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
(9) The Preparatory Committee adopted its report on 21 July 2017 and recommended that the UN General Assembly consider the elements contained in its recommendation and that it take a decision, as soon as possible, on the convening of an intergovernmental conference, under the auspices of the United Nations, to consider the recommendations of the Preparatory Committee and to elaborate the text of an international legally binding instrument under UNCLOS.
(10) In its resolution 72/249 of 24 December 2017, the UN General Assembly decided to convene an intergovernmental conference, under the auspices of the United Nations, to elaborate the text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction.
(11) On 19 March 2018, the Council authorised the European Commission to open negotiations, on behalf of the European Union, as regards matters falling within the European Union’s competence and in respect of which the European Union has adopted rules, on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
(12) Alongside its Member States, the European Union has participated in the negotiations of the text of that Instrument, in accordance with the negotiating directives set out in the Annex to that authorisation. The negotiation process was successfully completed, at the further resumed fifth session of the intergovernmental conference that took place in New York from 19 to 20 June 2023 when the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) was adopted.
(13) The European Union has achieved its objectives in the negotiations and took an active part in the outcome.
(14) The BBNJ Agreement covers four areas: marine genetic resources and the sharing of benefits; area-based management tools, including marine protected areas; environmental impact assessments; and capacity building and the transfer of marine technology. It will further support the achievement of the 2030 UN Agenda for Sustainable Development, in particular its Sustainable Development Goal 14 (“Life Below Water”). The BBNJ Agreement will also contribute to meeting the goals and targets of the Kunming-Montreal Global Biodiversity Framework agreed in December 2022, including its target to protect at least 30% of the ocean by 2030.
(15) The BBNJ Agreement is in conformity with the environmental objectives of the European Union as referred to in Article 191 of the Treaty on the Functioning of the European Union, namely preserving, protecting and improving the quality of environment; protecting human health; prudent and rational utilisation of natural resources; and promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.
(16) Becoming a Party to the BBNJ Agreement will promote consistency in the European Union’s conservation and management approach across the ocean and reinforce its commitment to the long-term conservation and sustainable use of marine biological resources globally.
(17) Therefore, the BBNJ Agreement should be signed on behalf of the European Union.