Protecting biodiversity on the high seas

The European Commission has put forward a proposal to incorporate into EU law the landmark International Biodiversity Agreement Outside National Jurisdiction (BBNJ), which aims to protect the oceans, combat environmental degradation, fight climate change and curb biodiversity loss.

EU action to protect biodiversity on the high seas

Protecting biodiversity is one of the priorities of the European Commission. The proposal that has been prepared ensures that all EU countries will work together to implement BBNJ, which shows the real commitment of member states to biodiversity protection.

The prepared proposal stems from the BBNJ agreement signed by European Commission President Ursula von der Leyen (on behalf of the European Union) in September 2023, also known as the High Seas Treaty, whose key tasks are to protect the oceans, promote equity and fairness, combat environmental degradation, fight climate change and prevent the loss of biodiversity on the high seas. The signed agreement will help achieve the goals and objectives set forth in the Kunming-Montreal Global Biodiversity Framework, which we wrote about in a previous article: Kunming-Montréal Biodiversity Agreement – EU presents its progress. The agreement calls for the protection of at least 30 percent of the oceans by 2030 and increased benefit sharing of genetic resources and digital sequence information.

EU law is already largely aligned with the essential components of BBNJ. The proposed regulations will help member states implement all parts of the agreement. In particular, the prepared regulations aim to:

• Protecting marine life in international waters by establishing large-scale marine protected areas;
• assessment by member states of potential impacts on the marine environment (through environmental impact assessments). The process should avoid undue burdens and ensure transparency, accountability, broad public participation and fair conditions for all involved;
• Developing cooperation on marine genetic resources by facilitating sharing.

The proposed directive will promote good governance and sustainable development of the oceans, in line with the future European Ocean Pact, and will simplify and standardize administrative processes and ensure a level playing field in the EU.

Biodiversity conservation in areas beyond national jurisdiction

Areas beyond national jurisdiction account for nearly two-thirds of the world’s oceans, including the high seas and seabed. These areas are rich in resources and biodiversity, providing important ecological, economic, social, health, cultural, scientific and food security benefits. However, they are under increasing pressure from pollution, overexploitation, climate change and declining biodiversity, and therefore need urgent protection.

In response to these challenges, 89 countries signed the 2023 Biodiversity Beyond National Jurisdiction treaty.

The BBNJ agreement will further implement existing principles of the United Nations Convention on the Law of the Sea (UNCLOS) to achieve more holistic and sustainable management of activities on the high seas. Key principles include cooperation, protection of the marine environment and conducting impact assessments. The new agreement updates the UNCLOS to address current challenges and supports the 2030 Agenda for Sustainable Development, particularly Sustainable Development Goal 14(Life under the Sea).

When will the proposal on biodiversity conservation be adopted?

A proposal to incorporate a biodiversity agreement outside national jurisdiction into EU law will be discussed by the European Parliament and the European Council.

The BBNJ agreement will enter into force 120 days after ratification and submission of ratification documents by 60 countries. The EU is determined to finalize all procedures before the UN Conference on Oceans to be held in Nice in June 2025.

BBNJ Agreement

BBNJ is an international agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.

The agreement was developed within the framework of UNCLOS, the main international agreement regulating human activities at sea, also known as the Constitution of the Ocean. Negotiations for the BBNJ agreement centered around a package of elements agreed upon by the UN General Assembly in 2015, and these are:

• Marine genetic resources, including benefit-sharing issues;
• Area management tools, including marine protected areas;
• environmental impact assessment;
• Capacity building and transfer of maritime technology.

The BBNJ agreement will allow for more comprehensive management of activities on the high seas, which should ensure a balance between conservation and sustainable use of marine biological resources.