Considerations on COM(2023)580 - Conclusion 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

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
dossier COM(2023)580 - Conclusion of the Agreement under the UN Convention on the Law of the Sea on the conservation and sustainable use of marine ...
document COM(2023)580 EN
date October 12, 2023
 
(1) 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 in New York on 19 June 2023.

(2) In accordance with Council Decision (EU) 2023/1974 (2), the BBNJ Agreement was signed on 20 September 2023, on behalf of the Union, subject to its conclusion at a later date.

(3) Pursuant to its Article 68(1), the BBNJ Agreement will enter into force 120 days after the date of deposit of the sixtieth instrument of ratification, approval, acceptance or accession. The BBNJ Agreement is open to all States and regional economic integration organisations. Any instrument deposited by a regional economic integration organisation will not be counted as additional to those deposited by the Member States of that organisation. The BBNJ Agreement is open to parties and non-parties to the United Nations Convention on the Law of the Sea (UNCLOS).

(4) By Council Decision 98/392/EC (3), the Union concluded UNCLOS in respect of those matters governed by it for which competence has been transferred to the Union by its Member States.

(5) In its conclusions of 20 July 2023 (4), the Council welcomed the adoption of the BBNJ Agreement and underlined the commitment of the Union and its Member States to the Agreement’s swift ratification and implementation.

(6) The objective of the BBNJ Agreement is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of UNCLOS and further international cooperation and coordination.

(7) Under the BBNJ Agreement, Parties are to cooperate for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of this Agreement.

(8) The BBNJ Agreement covers four areas: marine genetic resources including the fair and equitable sharing of benefits (Part II of the BBNJ Agreement), measures such as area-based management tools, including marine protected areas (Part III of the BBNJ Agreement), environmental impact assessments (Part IV of the BBNJ Agreement), as well as capacity building and the transfer of marine technology (Part V of the BBNJ Agreement). The BBNJ Agreement will further support the achievement of the 2030 UN Agenda for Sustainable Development, in particular its Sustainable Development Goal 14 (‘Life Below Water’) and contribute to meeting the goals and targets of the Kunming-Montreal Global Biodiversity Framework.

(9) The BBNJ Agreement is in conformity with the environmental objectives of the 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.

(10) In accordance with Article 67(2) of the BBNJ Agreement, the Union should, in its instrument of approval declare the extent of its competence in respect of the matters governed by the BBNJ Agreement.

(11) Pursuant to Article 70 in conjunction with Article 10(1) of the BBNJ Agreement, the Union may make an exception to this Agreement if that exception is expressly provided by other articles of the BBNJ Agreement. The Union should make an exception to exclude any retroactive effects of the application of the provisions of Part II related to Marine Genetic Resources, including the fair and equitable sharing of benefits.

(12) The BBNJ Agreement, the Declaration of Competence and the Exception on non-retroactivity pursuant to Article 70 in conjunction with Article 10(1) of the BBNJ Agreement should be approved on behalf of the Union.