On the draft Council decision on the conclusion, on behalf of the European Union, 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

(07577/24 – C90135/2024 – 2023/0353(NLE))

(Consent)

The European Parliament,

–having regard to the proposal for a Council decision (07577/24),

–having regard to the draft 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 (12126/23),

–having regard to the request for consent submitted by the Council in accordance with Article 192(1) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C90135/2024),

–having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,

–having regard to the opinion of the Committee on Fisheries,

–having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A9-0177/2024),

1.Gives its consent to the conclusion of the agreement;

2.Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.

We are experiencing a historic moment for humanity with an acute climate and biodiversity crisis, recognised as such by the Parliament at the beginning of this mandate, and thus we must take it upon ourselves to act with urgency. We are overwhelmed with an abundance of scientific literature documenting the collapse of our natural systems and our collective failure to act to protect what we most depend on. The IPBES Global Assessment Report gives us the terrifying headline that one million species are threatened with extinction, and many could disappear within decades, laying the blame squarely on human activity. These scientists tell us that 40% of the marine environment “manifests severe impacts of degradation”. The WMO tells us that 2023 was the world’s warmest year on record, with global Ocean heat hitting a new record. The IPCC tells us that the choices made now are critical for the future of our Ocean, and highlights the urgency of prioritising timely, ambitious and coordinated action to address unprecedented and enduring changes in the Ocean.

While the EU is committed to the European Green Deal agenda, with both nature and climate pillars to it, the international dimension of it is also of great importance to ensure a global impetus to act, to co-ordinate actions, and to develop appropriate governance systems. Both biodiversity and climate crises are intertwined and are inherently global and transboundary, from their dispersed root causes to cross-border impacts. Yet at the same time, this twin crisis is also markedly local. It is the coastal communities across Europe and the rest of the world that are dealing with the fallout from this collapse of our Ocean systems. We need action at all levels, and crucially, we need an international framework for governing and sustainably managing a global common - our Ocean. The High Seas consist of the maritime area that lies beyond national jurisdictions of States, after 200 nautical miles from the baseline. It is around 64% of the Ocean surface, and about 95% of the Ocean’s volume - making it the largest habitat on our blue planet. Being beyond national jurisdictions means the High Seas suffer, more than anywhere else, from the tragedy of the commons. Multilateralism and international Ocean governance are essential for protecting and successfully managing this critical global commons. The Ocean plays an ever increasingly important role for a planet that is already overheating - its health must be restored and it cannot be left without a common governance structure.

The High Seas Treaty, or formally known as the Agreement on Law of the Sea in the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), was concluded on 4th March 2023 in New York and adopted by UN Parties on June 19th 2023. It took almost 20 years to negotiate. It will have a game-changing impact on strengthening Ocean governance. It will do so in particular by promoting greater High Seas biodiversity conservation, as well as equity and Ocean justice through its provisions on financing, capacity-building, technology transfer, the equitable access and sharing of marine genetic resources and ensuring the interests and contribution of Indigenous Peoples and local communities are recognised. The treaty plugs many governance gaps in the ocean governance framework, especially as it provides a mechanism for identifying, establishing and managing representative networks of marine protected areas, while not undermining the mandate of competent organisations.

It will help deliver the Kunming-Montreal Global Biodiversity Framework 30x30 target (to protect at least 30% of the Ocean by 2030) by providing clear rules and processes on establishing marine protected areas (MPAs) in the High Seas. It is also imperative to enhance the management of human activities responsible for the deteriorating state of Ocean health such as overfishing and shipping. Moreover, there is a need to take a precautionary approach to emerging industries such as marine geo-engineering and the risky prospect of deep-sea mining, for which the Parliament has called a moratorium.

The new Environmental Impact Assessment (EIA) provisions within the Treaty greatly increase transparency for activities, offering a strategic framework for bolstering the evaluation and regulation of both current and forthcoming activities to mitigate significant adverse effects for the purpose of protecting and preserving the marine environment. Swift and widespread adoption of these provisions is paramount. EIAs will ensure a more holistic scrutiny of the cumulative effects of various human activities on the ecosystem. These assessments will take into account the ramifications of climate change, Ocean acidification, and associated impacts.

Equity is a key thread running through the BBNJ Treaty, and will be the key to its global success. It gives developing countries a much greater stake in the decision-making and implementation of the agreement by building their research and development capacity, through its provisions on capacity building and marine technology transfer. The Treaty also helps to redress inequalities through promoting the fair sharing of both monetary and non-monetary benefits from potentially highly profitable High Seas genetic resources among stakeholders, including through the development of a special fund towards implementation.

Considering that SDG14 is the most under-funded Sustainable Development Goal, there is a need for ambitious financing in order to make sure that the 30 x 30 goal becomes reality. In designating MPAs, regions already under partial management should be under consideration. Areas with existing protective measures, such as Vulnerable Marine Ecosystems (VMEs) shielded from deep-sea fishing by regional fisheries management organisations (RFMOs) or designated Areas of Particular Environmental Interest (APEIs) are examples. It will also be essential to have strong internal EU coordination to ensure that the Treaty is being upheld in all EU policies, as well as through its participation in other relevant fora and avoid undermining the Treaty’s provisions when engaging in other bodies. Also, more independent research efforts are needed, not only industry-based. Since at least 30 UN bodies have specific provisions related to the Ocean, there is a need for effective UN coordination to make sure conflicts of interests do not impede the effective implementation of the BBNJ Agreement.

The EU has been spearheading efforts for this Treaty for almost 20 years, and so the EU must lead the way on ratification as well. Consenting to the agreement earlier rather than later, before this Parliament mandate ends will send a strong signal that the EU is serious about its implementation and is deeply committed to this momentous agreement. The vote on this consent procedure is a timely milestone in the ratification process. In our Green Deal diplomacy, we must ensure that our leadership is driven by action and setting the right example.

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the draft recommendation, until the adoption thereof in committee

The list above is drawn up under the exclusive responsibility of the rapporteur.

Pursuant to Rule 55(4) of the Rules of Procedure,

by Mathilde Androuët

Under the pretext of biodiversity protection, the international treaty for the protection of the high seas and marine biodiversity and the related Council decision consist primarily of organising the exploitation of marine resources in an area without sovereignty. Moreover, the Council decision pushes the European Union into interfering in the management of the high seas; in the absence of the Member States it will have 27 voting rights.

In addition, the treaty leaves too many grey areas. Among the management tools in this area, only the Marine Protected Area (MPA) is prioritised, while the development of other tools that are more respectful of rights is ignored. However, MPAs have posed problems in terms of respect for human rights, fishing rights and the sovereignty of States. The issue of the allocation of income from marine genetic resources (MGM) is not addressed, with broad discretion being left to the MPA management negotiations. Lastly, the ethical issue of the patenting of living organisms is not addressed, although States have different positions on that subject.

20.3.2024

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a Council decision conclusion, on behalf of the European Union, 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 (BBNJ)

(COM(2023)0580 – C90135/2024 – 2023/0353(NLE))

Rapporteur for opinion: Predrag Fred Matić

Background of the Proposal

The European Union is actively engaged in addressing the conservation and sustainable use of marine biological diversity beyond national jurisdiction through the Agreement under the United Nations Convention on the Law of the Sea (UNCLOS), known as the “BBNJ Agreement”.

Initiated in 2004, the EU, authorized by the Council, conducted negotiations from 2016 to 2023, resulting in the adoption of the BBNJ Agreement on 19 June 2023. The EU signed this pivotal agreement on 20 September 2023.

The BBNJ Agreement focuses on the conservation and sustainable use of marine biological diversity in nearly two-thirds of the world's oceans, thereby contributing to a healthier marine environment and to maintaining the long-term profitability of the fisheries sector. It addresses marine genetic resources, benefit-sharing, area-based management tools, environmental impact assessments, and capacity-building.

As the third implementing agreement under UNCLOS for the EU, this agreement modernizes UNCLOS to align with developments in marine biodiversity since 1982. It supports the 2030 UN Agenda for Sustainable Development, particularly Goal 14, and contributes to the Global Biodiversity Framework's target of conserving 30% of the world's lands and oceans by 2030. Additionally, it aids in implementing the UNFCCC and the Paris Agreement, emphasizing the synergy in addressing global challenges.

Content of the Proposal

The BBNJ Agreement tackles the challenges posed by approximately two-thirds of the world's oceans, which are collectively owned but lack specific ownership by any individual entity. This global common good is conserved through binding and voluntary measures, focusing on better cooperation and coordination among stakeholders. It aims to combat biological diversity loss, ecosystem degradation, and climate change impacts on marine ecosystems in areas beyond national jurisdiction, covering issues such as warming, ocean deoxygenation, acidification, pollution (including plastic pollution), and unsustainable use.

The BBNJ Agreement further emphasizes advancing global scientific research, ensuring compatibility with existing stakeholder responsibilities, and addressing inequalities, particularly for developing countries. It strives to increase collaboration among regional seas organisations and regional fisheries management organisations.

The BBNJ Agreement aims to align UNCLOS with contemporary issues and promote sustainable practices on a global scale.

Opinion of the Rapporteur

The Rapporteur commends the timely and effective measures agreed on the fifth session of the Intergovernmental Conference. He is of the opinion that the international legally binding instrument represents a crucial step forward in addressing the complex challenges faced by marine ecosystems on a global scale. A healthy marine environment with healthy fish stocks and rich biodiversity is crucial to ensuring a prosperous future for fisheries communities.

The Rapporteur welcomes the swift transposition of the agreed-upon general obligations laid out in the Agreement, ensuring the effective implementation of measures that promote coherence and coordination, without undermining existing instruments, frameworks, or the work of global, regional, subregional, and sectoral bodies. This commitment to alignment and collaboration is vital for the success of the Agreement and its overarching goal of conserving and sustainably using marine biodiversity beyond national jurisdiction.

In conclusion, the Rapporteur stands in support of the Agreement under UNCLOS and endorses its swift adoption, emphasizing the importance of cooperative efforts in safeguarding the health and resilience of marine ecosystems in areas beyond national jurisdiction.

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The Committee on Fisheries calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to recommend approval of the proposal for a Council decision conclusion, on behalf of the European Union, 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 (BBNJ).

The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.