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

Summary:

Agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (the BBNJ Agreement), under the United Nations (UN) Convention on the Law of the Sea. The Agreement is also known as the High Seas Treaty.

Further information:

The objective of this 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 the Convention and further international cooperation and coordination. The BBNJ Agreement covers four areas:

• Marine genetic resources including the fair and equitable sharing of benefits;
• Measures such as area-based management tools, including marine protected areas ;
• Environmental impact assessments;
• Capacity building and the transfer of marine technology.

The European Community adhered to the UN Convention on the Law of the Sea through Council Decision 98/392/EC. The UN General Assembly agreed in 2018 to convene an intergovernmental conference to elaborate the text of an internationally legally binding instrument under the Convention addressing the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Both the European Union (EU) and its Member States have competence in the fields covered by the negotiations that ensued. The Council of the European Union adopted a Decision authorising the European Commission to negotiate on the matters falling within EU competence.

Following successful talks, the BBNJ Agreement was eventually adopted on 19 June 2023 under the auspices of the United Nations. On 20 July 2023, the Council of the European Union noted that the European Union (EU) and its Member States were committed to a swift ratification and implementation of the Agreement. The Council adopted a Decision on the signing of the Agreement on 18 September 2023, and on the conclusion of the Agreement on 17 June 2024. The text of the Agreement was published in the Official Journal on 19 July 2024.

Official

United Nations: Treaty Collection: 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 https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXI-10&chapter=21&clang=_en#EndDec

EUR-LEX: OJ L Series: Council Decision (EU) 2024/1830 on the conclusion of 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 http://data.europa.eu/eli/dec/2024/1830/oj

EUR-LEX: OJ L Series: Council Decision (EU) 2023/1974 on the signing of 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 http://data.europa.eu/eli/dec/2023/1974/oj

EUR-LEX: COM(2023)580: Proposal for a Council Decision on the conclusion of 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 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2023:580:FIN

EUR-LEX: COM(2023)353: Proposal for a Council Decision on the signing of 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 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2023:353:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Agreement under the United Nations Convention on the Law of the Sea: conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (2023/0353(NLE)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2023/0353(NLE)

EUR-LEX: COM(2017)812: Recommendation for a Council Decision authorising the opening of negotiations 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 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2017:812:FIN

European Commission: DG Maritime Affairs & Fisheries: International ocean governance https://oceans-and-fisheries.ec.europa.eu/ocean/international-ocean-governance_en

European Commission: Press Release, 04/03/2023: Ocean biodiversity: global agreement on protection and sustainable use of resources and biodiversity in high seas https://ec.europa.eu/commission/presscorner/detail/en/IP_23_1382

European Commission: DG Maritime Affairs & Fisheries: News, 21/03/2022: EU is committed to the protection of biodiversity in the ocean https://oceans-and-fisheries.ec.europa.eu/news/eu-committed-protection-biodiversity-ocean-2022-03-21_en

European Commission: DG Maritime Affairs & Fisheries: News, 20/09/2023: A win for the ocean: High Seas Treaty signed at United Nations https://oceans-and-fisheries.ec.europa.eu/news/win-ocean-high-seas-treaty-signed-united-nations-2023-09-20_en

Belgian Presidency of the Council (EU): News, 07/03/2024: Belgian presidency calls for swift ratification of the agreement on biodiversity on the high seas https://belgian-presidency.consilium.europa.eu/en/news/belgian-presidency-calls-for-swift-ratification-of-the-agreement-on-biodiversity-on-the-high-seas/

Council of the European Union: Press Release, 17/06/2024: High Seas Treaty: Council gives green light for its conclusion https://www.consilium.europa.eu/en/press/press-releases/2024/06/17/high-seas-treaty-council-gives-green-light-for-its-conclusion/

European Commission: DG Maritime Affairs & Fisheries: News, 17/06/2024: The EU is ready to ratify the High Seas Treaty https://oceans-and-fisheries.ec.europa.eu/news/eu-ready-ratify-high-seas-treaty-2024-06-17_en

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News

The Guardian, 05/03/2023: High seas treaty: historic deal to protect international waters finally reached at UN https://www.theguardian.com/environment/2023/mar/05/high-seas-treaty-agreement-to-protect-international-waters-finally-reached-at-un

Politico, 05/03/2023: High Seas Treaty secured after marathon UN talks https://www.politico.eu/article/high-seas-treaty-secured-after-marathon-un-talks/

EurActiv, 06/03/2023: EU hails ‘historic moment’ as UN seals treaty to protect high seas https://www.euractiv.com/section/energy-environment/news/eu-hails-historic-moment-as-un-seals-treaty-to-protect-high-seas/

EurActiv, 21/09/2023: High seas treaty moves closer to reality with first signatures https://www.euractiv.com/section/energy-environment/news/high-seas-treaty-moves-closer-to-reality-with-first-signatures/

Euronews, 26/03/2024: High Seas Treaty paves the way for ocean protection https://www.euronews.com/green/2024/03/26/high-seas-treaty-paves-the-way-for-ocean-protection

Reuters, 16/04/2024: World leaders call on nations to swiftly ratify U.N. ocean treaty https://www.reuters.com/world/europe/eu-spend-35-bln-euros-protect-ocean-environment-chief-says-2024-04-16/

Euronews, 24/04/2024: High Seas Treaty: EU votes to ratify landmark international law to protect oceans https://www.euronews.com/green/2024/04/24/high-seas-treaty-eu-votes-to-ratify-landmark-international-law-to-protect-oceans

EurActiv, 17/06/2024: EU Council supports ratification of UN agreement protecting oceans https://www.euractiv.com/section/agriculture-food/news/eu-council-supports-ratification-of-un-agreement-protecting-oceans/

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Commentary and Analysis

Carnegie Endowment for International Peace: Commentary, 08/03/2023: The High Seas Treaty Is an Extraordinary Diplomatic Achievement https://carnegieendowment.org/posts/2023/03/the-high-seas-treaty-is-an-extraordinary-diplomatic-achievement?lang=en

BBC News, 08/03/2023: What is the UN High Seas Treaty and why is it needed? https://www.bbc.co.uk/news/science-environment-64839763

Royal Institute of International Affairs (Chatham House): Expert Comment, 16/03/2023: The high seas treaty shows a future yet for multilateralism https://www.chathamhouse.org/2023/03/high-seas-treaty-shows-future-yet-multilateralism

German Institute for International and Security Studies (SWP): Point of View, 21/06/2023: The High Seas Treaty: A new hub for global ocean governance https://www.swp-berlin.org/en/publication/the-high-seas-treaty-a-new-hub-for-global-ocean-governance

NPJ Ocean Sustainability: No 2, 30/06/2023: What we know about the new High Seas Treaty https://doi.org/10.1038/s44183-023-00013-x

Euronews: Interview, 26/03/2024: Why is a high seas treaty crucial for marine biodiversity? https://www.euronews.com/green/2024/03/26/why-is-a-high-seas-treaty-essential-for-marine-biodiversity

Friends of Europe: Insights, 20/04/2023: Leveraging the UN High Seas Treaty to strengthen EU-ASEAN maritime cooperation https://www.friendsofeurope.org/insights/leveraging-the-un-high-seas-treaty-to-strengthen-eu-asean-maritime-cooperation/

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