As the entry into force of the BBNJ Agreement ticks closer, diplomats will meet to settle important details to ensure smooth implementation, including rules of procedure of the COPs and subsidiary bodies, arrangement for the Secretariat (including the selection of its seat) and funding.
Life on Earth is intrinsically connected to the Ocean. Covering 70% of the planet’s surface, the variety of indispensable services the Ocean offers are crucial for human survival and well-being. The need to protect and conserve marine biodiversity in the high seas, in particular in areas beyond national jurisdiction (ABNJ), has become increasingly recognized in the international community. The need for a holistic framework addressing the multiple threats the Ocean faces, including overfishing, climate change, biodiversity and habitat loss, and pollution, led to intense negotiations and, eventually, to a historic breakthrough for Ocean protection and biodiversity.
In June 2023, states adopted an international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement). The BBNJ Agreement focuses on, among other things:
- marine genetic resources, including benefit sharing considerations;
- area-based management tools, including marine protected areas;
- environmental impact assessments; and
- capacity building and the transfer of marine technology.
The Agreement will enter into force 120 days after the date of deposit of the 60th instrument of ratification, approval, acceptance, or accession. To date, it has attracted 52 ratifications and 139 signatories.
To ensure the smooth implementation of the Agreement, the UN General Assembly decided to convene a Preparatory Commission (PrepCom), which at its organizational session agreed to hold three sessions through early 2026, and more if needed. The first session was held from 14-25 April 2025 and PrepCom II is expected to continue discussions on important building blocks, including:
- rules of procedure of the meeting of the Conference of the Parties (COP);
- rules of procedure and modalities of operation of the subsidiary bodies;
- arrangements for the Secretariat, including the selection of its seat;
- funding of the Secretariat, COP, and subsidiary bodies;
- arrangements with the Global Environment Facility; and
- operationalization of the Clearing-House Mechanism (CHM).
PrepCom II will further address:
- arrangements to enhance cooperation with relevant legal instruments, frameworks, and bodies;
- reporting requirements; and
- operationalization of other provisions of the financial resources and mechanism.
Delegates will work on the basis of revised aids to negotiations prepared by the Co-Chairs as well as background notes prepared by the UN Division for Ocean Affairs and Law of the Sea (UNDOALOS), which is the Agreement’s Interim Secretariat, taking into account discussions held at PrepCom I. They will further have at their disposal:
- a matrix on the terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies;
- a matrix on the arrangements for the secretariats of selected instruments representative of each of the secretariat models; and
- a flow chart on the CHM.
PrepCom II will meet at UN Headquarters in New York from 18-29 August 2025.
The Earth Negotiations Bulletin writers for this meeting are Asterios Tsioumanis, Ph.D., and Tallash Kantai. The Digital Editor is Diego Noguera. The Editor is Pamela Chasek, Ph.D.