Explanatory Memorandum to 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 - Main contents
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| 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 ... |
|---|---|
| source | COM(2023)580  |
| date | 12-10-2023 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The objective of this proposal is for the Commission to obtain authorisation from the Council to conclude the Agreement 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 (‘the BBNJ Agreement’) on behalf of the European Union (EU).
The EU and its Member States have been engaged in an international process with the United Nations (UN) to develop this Agreement since 2004. On the basis of the relevant Council Decisions authorising the opening of negotiations on behalf of the EU1, the Commission conducted negotiations from 2016 to 2023 with a view to concluding the BBNJ Agreement. The final text of the BBNJ Agreement was adopted by the BBNJ Intergovernmental Conference2 on 19 June 2023. The EU signed the BBNJ Agreement on 20 September 2023.
The BBNJ Agreement addresses the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Such areas cover nearly two-thirds of the world’s ocean and about 95% of its volume and comprise the high seas and the international seabed area. The BBNJ Agreement will enable better protection and management of marine biodiversity of areas beyond national jurisdiction. The Agreement covers in particular issues relating to marine genetic resources, including questions on the sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments, and capacity-building and the transfer of marine technology.
The BBNJ Agreement will be the third implementing agreement under UNCLOS, to which the EU and its Member States are Parties. It will bring UNCLOS up to speed with the developments and challenges that have occurred in relation to marine biodiversity since the Convention’s conclusion in 1982. It will also further support the achievement of the 2030 UN Agenda for Sustainable Development, in particular Sustainable Development Goal 14 (Life Below Water). The BBNJ Agreement will also help reach the goals and targets set under the Global Biodiversity Framework (adopted under the Convention on Biological Diversity), in particular the target to ensure effective conservation and management of at least 30% of the world’s lands, inland waters, coastal areas and oceans by 2030. Furthermore, it will support the implementation of the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement.
• Consistency with existing Union policies
The Commission ensured that the negotiations on the text of the BBNJ Agreement were fully consistent with relevant European Union rules and policies in the areas that will be covered by it (environment policy, maritime transport policy, maritime security, energy policy, common fisheries policy, internal market policy, common commercial policy, research and technological development policy, climate policy and other relevant policies) and with relevant bilateral and multilateral agreements to which the EU is already a Party. The BBNJ Agreement also contributes to the European Green Deal and is a priority under the EU’s international ocean governance agenda.
Since the BBNJ Agreement is an implementing agreement under UNCLOS and this Convention is already part of the EU acquis, the Commission also ensured that the provisions and the balance of rights and obligations enshrined in UNCLOS and reflected in the EU acquis were respected and that the outcome of the negotiations was consistent with UNCLOS.
2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
The Commission worked closely with Member States during the negotiations. Regular consultations also took place with relevant stakeholders, in particular civil society organisations and other organisations represented in the UN context.
3. LEGAL ELEMENTS OF THE PROPOSAL
• Legal basis
The proposal is made under Article 192(1) and Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU). Article 218 TFEU lays down the procedure for negotiating and concluding of agreements between the European Union and third countries or international organisations. In particular, paragraph 6 provides for the Council, on a proposal from the Commission as negotiator, to adopt, after obtaining the consent of the European Parliament, a decision authorising the conclusion of an agreement on behalf of the EU.
In accordance with Article 191 and 192(1) TFEU, the EU is required to contribute to the pursuit of the following objectives: preserving, protecting and improving the quality of the 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.
Considering the objectives and substantive provisions of the BBNJ Agreement as well as all applicable relevant EU policies, the centre of gravity approach indicates that the environmental legal basis is the most appropriate for concluding the BBNJ Agreement.
4. BUDGETARY IMPLICATIONS
The BBNJ Agreement creates a dedicated institutional structure. This includes a secretariat, a Scientific and Technical Body, a Clearing-House Mechanism, a capacity-building and transfer of marine technology committee and an access and benefit-sharing committee. The cost of these institutions will be divided among all Parties to the BBNJ Agreement, based on a UN scale.
The financial institutional costs of the implementation of the BBNJ Agreement for the European Union will only be known after the first Conference of the Parties, where an initial budget should be agreed for the BBNJ Agreement.
In addition to institutional costs, implementation of the BBNJ Agreement is likely to generate financial needs to build capacity in developing countries and help the transfer of marine technology, but also, for instance, to generate the scientific knowledge needed to establish, monitor and review marine protected areas. Potential global costs will be estimated under the BBNJ Agreement in due time.