Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction
Date: 2025-04-24
Institutions: Directorate-General for Environment, European Commission
Subjects: biodiversity, exploitation of the seas, genetics, law of the sea, marine ecosystem, marine pollution, protected area, resources of the sea, sustainable development

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   EUROPEAN COMMISSION  Brussels, 24.4.2025  COM(2025) 173 final 2025/0090 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Tackling  biological  diversity  loss  and  the  degradation  of  marine  ecosystems  has  been 
internationally  recognised  as  a  top  priority.  The  conservation  and  sustainable  use  of  marine 
biodiversity  of  areas  beyond  national  jurisdiction  (‘BBNJ’)  is  also  a  key  priority  for  the 
European  Union  (EU).  In  line  with  the  objectives  under  the  European  Green  Deal  and  the 
Joint  Communication  on  the  EU’s  international  ocean  governance  agenda,  the  EU  was  an 
active participant in negotiating 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  (‘the  BBNJ  Agreement’  or  ‘the  Agreement’). 
Negotiations were concluded in June 2023.  

The  BBNJ  Agreement  is  open  for  signature  by  States  and  regional  economic  integration 
organizations from 20 September 2023 until 20 September 2025. The EU and all its Member 
States  have  signed  it.  The  EU  adopted  Council  Decision  (EU)  2024/1830  to  conclude  the 
Agreement in June 20241, but the EU has not yet deposited its instrument of approval at the 
time of adoption of this proposal. Pursuant to Article 68(1) of the Agreement, it will enter into 
force  120  days  after  the  date  on  which  the  sixtieth  instrument  of  ratification,  approval, 
acceptance or accession is deposited. This proposal for a directive of the European Parliament 
and  the  Council  will  meet  the  EU’s  legal  obligation  to  effectively  implement  the  BBNJ 
Agreement.  

The BBNJ Agreement is an implementing agreement to the United Nations Convention on the 
Law  of  the  Sea2  (‘UNCLOS’),  which  is  the  legal  framework  governing  all  activities  in  the 
oceans  and  seas,  and  of  which  the  EU  and  all  its  Member  States  are  parties.  The  BBNJ 
Agreement  will  bring  UNCLOS  up  to  speed  with  developments  and  challenges  related  to 
marine biodiversity  since the Convention  was  adopted in  1982.  It  will also  support  work to 
achieve the 2030 UN Agenda for Sustainable Development goals, in particular Goal 14 (life 
below water).  

The Union and its Member States are also parties to the Convention on Biological Diversity3. 
This states that biodiversity is to be valued, conserved, restored and wisely used, maintaining 
ecosystem services, sustaining a healthy planet and delivering benefits essential for all people. 
The BBNJ Agreement will help reach the goals and targets set under the Kunming-Montreal 
Global  Biodiversity  Framework,  adopted  at  the  fifteenth  meeting  of  the  Conference  of  the 
Parties  to  the  Convention  on  Biological  Diversity  on  7-19  December  2022.  In  particular,  it 
will  support  action  to  meet  the  target  of  effective  conservation  and  management  of  at  least 
30% of the world’s lands, inland waters, coastal areas and oceans by 2030, and the target to 
increase benefit sharing from genetic resources and digital sequence information. The EU has 
adopted its own biodiversity strategy for 2030, which pursues several objectives including the 
aim to restore the good environmental status of marine ecosystems. 

1 
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Decision - EU - 2024/1830 - EN - EUR-Lex  
United Nations  Convention on the Law of the Sea, adopted 10 December 1982, entered into force 16 
November 
396: 
UNTS 
https://treaties.un.org/pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XXI-
6&chapter=21&Temp=mtdsg3&clang=_en  
OJ L 309, 13.12.1993, p. 3. 

1994, 

1833 

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Furthermore,  the  BBNJ  Agreement  will  support  implementation  of  the  United  Nations 
Framework Convention on Climate Change (UNFCCC)4 and the Paris Agreement5. 

The BBNJ Agreement applies to areas beyond national jurisdiction as defined under Article 
1(1)  of  that  Agreement.  The  general  objective  is  to  ensure  the  conservation  and  sustainable 
use of marine biological diversity of areas beyond national jurisdiction, both at present and in 
the  long  term,  by  effectively  implementing  the  relevant  provisions  of  UNCLOS  and  by 
engaging in international cooperation and coordination. 

To this end, the BBNJ Agreement:  

1) allows parties to agree on area-based management tools, including MPAs, in areas beyond 
national jurisdiction;  

2) for the first time, provides for a comprehensive environmental impact assessment process 
for  new  and  unregulated  activities  in  the  high  seas  by  all  parties  to  ensure  transparency, 
accountability and broad public participation;  

3)  sets  provisions  for  the  fair  and  equitable  sharing  of  benefits  arising  from  activities  with 
respect  to  marine  genetic  resources  (and  digital  sequence  information)  of  areas  beyond 
national jurisdiction, including a mechanism for sharing monetary and non-monetary benefits; 
and  

4)  sets  the  conditions  to  support  developing  countries  in  their  participation  in  and 
implementation  of  the  Agreement  by  a  strong  capacity-building  and  marine  technology 
transfer component, funded from a variety of public and private sources and by an equitable 
mechanism for sharing the potential benefits of marine genetic resources collected in the high 
seas.  

The aim of this  legislative proposal  is  to  implement the provisions of the BBNJ Agreement 
concerning environmental protection and marine genetic resources.  

The Council has adopted Council Decision (EU) 2024/1830 concluding the BBNJ Agreement 
on behalf of the Union, but the Union has – at the time of adoption of this proposal – not yet 
deposited its instrument of  approval  of the BBNJ  Agreement. Pursuant  to Article 68(1), the 
Agreement  will  enter  into  force  120  days  after  the  date  on  which  the  sixtieth  instrument  of 
ratification  is  deposited.  Hence,  the  provisions  of  the  BBNJ  Agreement  that  need  further 
implementation  into  EU  law  must  be  in  place  when  the  Agreement  enters  into  force.  This 
proposal  therefore aims  to  implement  the BBNJ Agreement in  the EU in a uniform  manner 
transposing  into  EU  law  the  obligations  arising  from  the  Agreement  in  the  areas  related  to 
environmental protection and marine genetic resources. 

• 

Consistency with existing policy provisions in the policy area 

The  objectives  of  this  proposal  are  consistent  with  the  following  policy  and  legislative 
provisions: 

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5 

United  Nations  Framework  Convention  on  Climate  Change  (UNFCCC)  (the  ‘Paris  Agreement’), 
entered into force on 4 November 2016. 
The Paris Agreement, adopted on 12 December 2015 under the United Nations Framework Convention 
on Climate Change (UNFCCC) (the ‘Paris Agreement’), entered into force on 4 November 2016. 

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The  Commission  ensured  that  the  outcome  of  the  negotiations  on  the  text  of  the  BBNJ 
Agreement  is  fully  consistent  with  EU  rules  and  policies  in  the  area  of  EU  environmental 
policy. In particular, it ensures that the BBNJ Agreement does not undermine and is coherent 
with  the  framework  for  environmental  assessments  at  EU  level  and  with  the  multilateral 
environmental agreements to which the EU and its Member States are parties. These include 
the Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo 
Convention)6 and the Convention on Access to Information, Public Participation in Decision-
making  and  Access  to  Justice  in  Environmental  Matters  (the  Aarhus  Convention)7.  The 
provisions  on  environmental  impact  assessments  in  the  BBNJ  Agreement  aim  to  achieve  a 
coherent environmental impact assessment framework for activities in areas beyond national 
jurisdiction.  These  provisions  establish  a  system  of  global  collaboration  on  environmental 
impact assessments with corresponding legal instruments, frameworks and bodies, and aim to 
ensure that they are equivalent, in line with Article 29(4) of the BBNJ Agreement. They are 
coherent with EU law in this area and are coherent with and complement other international 
commitments undertaken by the EU, such as those relating to the environment, fisheries and 
shipping.  Therefore,  the  proposed  Directive  implementing  the  BBNJ  agreement  in  EU  law 
will not add any additional burden. 

The  rules  and  obligations  concerning  benefit  sharing  from  marine  genetic  resources  and 
digital  sequence  information  derived  from  marine  genetic  resources  set  by  the  BBNJ 
Agreement apply to genetic resources collected in areas beyond national jurisdiction. They do 
not overlap with the benefit sharing obligations and rules deriving from the Nagoya Protocol 
on  the  fair  and  equitable  sharing  of  benefits  from  the  use  of  genetic  resources  and  the 
Convention  on  Biological  Diversity,  as  these  two  instruments  apply  to  genetic  resources 
within  national  jurisdiction.  This  implies  that  there  will  be  no  duplication  of  obligations 
between  the  EU  measures  needed  to  implement  the  benefit  sharing  provisions  of  the  BBNJ 
Agreement and Regulation (EU) No 511/2014 on measures of compliance for users of genetic 
resources in the EU (which implements the Nagoya Protocol).  

The  benefit  sharing  provisions  of  the  BBNJ  Agreement  are  coherent  with  EU  law  on  this 
subject. They are coherent with and complement other international commitments undertaken 
by  the  EU  in  this  field  (such  as  those  under  the  Convention  on  Biological  Diversity). 
However,  the  BBNJ  Agreement  provides  for  retroactive  application  of  benefit  sharing 
obligations. The EU lodged an exception under Article 70 in conjunction with Article 10(1) 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 [2024/1833]8 on the retroactive effects as set out in the second sentence of Article 
10(1). This means that the provisions of the Agreement will apply for the EU only to activities 
with respect to marine genetic resources and digital sequence information on marine genetic 
resources of areas beyond national jurisdiction collected and generated after this Agreement 
enters into force in the EU. This will ensure coherence with the approach under the Nagoya 
Protocol and the EU ABS Regulation, which apply when they enter into force.  

The  BBNJ  Agreement  is  in  line  with  EU  rules  and  policies  in  the  area  of  the  common 
fisheries  policy  (CFP).  It  does  not  undermine  the  work  undertaken  in  Regional  Fisheries 
Management Organisations (RFMOs) and other relevant international framework and bodies. 

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Text of the Convention | UNECE 
Text of the Convention | UNECE 
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401833  

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Likewise, this proposal is consistent with the CFP and with the EU’s commitments under the 
RFMOs.  

• 

Consistency with other Union policies 

The  Commission  ensured  that  the  outcome  of  the  negotiations  on  the  text  of  the  BBNJ 
Agreement  is  fully  consistent  with  EU  rules  and  policies  in  related  areas,  such  as  maritime 
transport  policy,  maritime  security,  energy  policy,  internal  market  policy,  common 
commercial policy, research and technological development policy, climate policy and others. 
In  addition,  the  provisions  of  the  BBNJ  Agreement  are  consistent  with  related  bilateral  and 
multilateral agreements to which the EU is a party.  

Since  the  BBNJ  Agreement  is  an  implementing  agreement  under  UNCLOS  and  this 
Convention is already part of EU law, the BBNJ Agreement also is coherent with the rights 
and  obligations  enshrined  in  UNCLOS  and  reflected  in  EU  law.  This  proposal  is  therefore 
also consistent with UNCLOS.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  this  initiative  is  Article  192(1)  TFEU.  This  was  also  the  legal  basis 
underpinning  the  adoption  of  Council  Decision  (EU)  2024/1830  on  the  conclusion  of  the 
BBNJ Agreement on behalf of the EU. 

In  accordance  with  Article  191  in  conjunction  with  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 substantive provisions of the BBNJ Agreement, including its objectives, the 
environmental legal basis is the right basis for the implementation of the relevant provisions 
of the BBNJ Agreement. 

• 

Subsidiarity (for non-exclusive competence)  

The BBNJ Agreement provides for an obligation to screen and assess the impacts of planned 
activities in the areas beyond national jurisdiction. In addition, it provides for a framework to 
govern  the  activities  with  respect  to  marine  genetic  resources  and  arrangements  for 
information sharing and benefit sharing of marine genetic resources utilisation.  

In  both  these  fields,  a  harmonised  EU  approach  is  central  to  creating  a  level  playing  field 
between stakeholders operating from the EU. The aim of the proposed directive is to set out a 
framework  for  a  uniform  implementation  of  the  BBNJ  Agreement  in  the  EU  and  to  avoid 
forum shopping in the EU, leading to faster permitting and administrative simplification. It is 
crucial to ensure that provisions on environmental assessments concerning planned activities 
in  areas beyond national  jurisdiction are coherent  across the EU.  It  is  also critical  to  ensure 
that  EU  researchers,  notably  those  working  in  teams  across  the  EU  on  marine  genetic 
resources  of  areas  beyond  national  jurisdiction  are  not  faced  with  unnecessary  legal  burden 
potentially arising from  uneven implementation  of international obligations under the BBNJ 
Agreement  in  the  EU.  It  is  important  to  ensure  consistency  between  implementation  of  the 
Nagoya Protocol to the Convention on Biological Diversity and the provisions of the BBNJ 

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Agreement related to marine genetic resources, as well as ensure a level playing field in the 
Single Market.  

An  EU  approach  to  implementation  will  also  be  important  to  ensure  coherence  between 
obligations  governing  environmental  impact  assessments  for  activities  carried  out  in  EU 
waters  under  Directive  2011/92/EU9  (‘the  EIA  Directive’)  and  other  relevant  EU  law  that 
contains provisions related to environment assessments for planned activities, and under the 
BBNJ Agreement. Moreover, the initiative will ensure the BBNJ Agreement is coherent with 
EU  environmental  law.  Activities  in  areas  beyond  national  jurisdiction  may  also  affect  the 
management of marine biological resources and may have an impact on the common fisheries 
policy.  In  such  cases,  EU  competences  under  Articles  3(d)  and  4(d)  of  the  TFEU  will  be 
respected.  Finally,  activities  in  areas  beyond  national  jurisdiction  could  have  cross-border 
effects in EU waters (for example due to pollution or maritime traffic disruption). 

Since  the  objectives  of  the  proposal,  namely  to  provide  common  provisions  concerning 
marine  genetic  resources  of  areas  beyond  national  jurisdiction,  conducting  environmental 
impact  assessments  for  activities  in  the  areas  beyond  national  jurisdictions  and  certain 
measures concerning area-based management tools, including marine protected areas, cannot 
be  sufficiently  achieved  by  the  Member  States  but  due  to  the  cross-border  nature  of  the 
activities and benefits rising from common EU rules are better achieved at EU level, the EU 
may  adopt  measures,  in  accordance  with  the  principle  of  subsidiarity  in  Article  5  TEU. 
Following the principle of proportionality as set out in that provision, this Directive does not 
go beyond what is necessary to achieve those objectives. 

• 

Proportionality 

The proposal transposes the EU’s obligations under the BBNJ Agreement into EU legislation. 
Most  of  the  obligations  are  straightforward  and  do  not  require  the  legislator  to  make  any 
policy choice on how to implement the obligations. This means the measures are proportional.  

• 

Choice of the instrument 

A  directive  will  aim  to  set  out  framework  for  a  uniform  implementation  of  the  BBNJ 
Agreement in the EU and therefore to avoid forum shopping in the EU. This will lead to faster 
permitting and administrative simplification while ensuring a level playing field. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

The  Commission  worked  closely  with  Member  States  during  the  negotiations  on  the  BBNJ 
Agreement.  Regular  consultations  on  the  BBNJ  negotiations  also  took  place  with 
stakeholders,  in  particular  civil  society  organisations  and  other  organisations  represented  in 
the UN. 

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Directive - 2011/92 - EN - EIA - EUR-Lex 

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• 

Collection and use of expertise 

Not applicable. 

• 

Impact assessment 

The  proposed  legislation  will  be  limited  to  the  strict  transposition  of  the  EU’s  international 
obligations  under  the  BBNJ  Agreement  concerning  environmental  impact  assessments, 
marine genetic resources and certain aspects of the marine protected areas obligations. There 
is  no  choice  to  be  made  between  alternative  policy  options  (‘room  for  manoeuvre’),  which 
Tool 7 of the Better Regulation  toolbox indicates as the rationale for an  impact  assessment. 
The  impacts  themselves  are  not  considered  to  be  significant,  as  they  will  largely  relate  to 
greater  consistency  of  application.  For  this  reason,  the  Commission  does  not  propose  to 
conduct an impact assessment nor to carry out an online public consultation.  

Similarly,  the  Commission  will  not  publish  a  call  for  evidence  as  there  is  no  intention  to 
deviate from the BBNJ Agreement and so there is no added benefit to consulting stakeholders 
and  soliciting  their  views.  Stakeholders  were  involved  earlier  in  the  process,  since  the 
Preparatory Committee began its work in 2016. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

This Directive is in line with Article 47 of the Charter of Fundamental Rights and implements 
the Aarhus Convention with regard to access to justice. It should be possible for members of 
the  public  concerned,  including  non-governmental  organisations  promoting  environmental 
protection  and  meeting  any  requirements  under  national  law,  to  have  access  to  review  of 
decisions taken by the Member States under this Directive. 

4. 

BUDGETARY IMPLICATIONS 

This proposal is limited to the strict transposition of obligations under the BBNJ Agreement 
concerning environmental impact assessments, marine genetic resources and certain elements 
of  the  area-based  management  tools  and  marine  protected  areas  obligations  that  mirror 
existing obligations for the Member States under either EU or other international legislation. 
In particular, Member States already have an established framework governing environmental 
impact  assessments  deriving  from  their  obligations  under  the  EIA  Directive,  the  Espoo 
Convention and the Aarhus Convention.  

Therefore, the administrative impact and costs are estimated to be negligeable to moderate, as 
most of the necessary structures and rules are in place. Member States will face costs limited 
to the cost of adopting legal, policy or administrative measures to ensure compliance with the 
obligations  to  notify  information  on  marine  genetic  resources  to  the  BBNJ  Clearing-House 
Mechanism  and  to  request  users  to  deposit  samples  and  digital  sequence  information  in 
publicly  available  databases  and  repositories.  Member  States  may  face  other  administrative 
costs  if  they  choose  to  set  up  IT  tools  specifically  designed  to  transfer  information  to  the 
Clearing-House Mechanism. Alternatively, it may be possible for all stakeholders to use the 
central UN clearing house system directly, or, if needed, re-use an existing IT platform in the 
EU could be further explored for this scope. If this would be possible, costs could potentially 
be minimized. Finally, in terms of human resources, Member States have established national 
competent authorities for ABS that may also cover the tasks needed to enforce the measures 

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related to marine genetic resources. These costs are not expected to be additional to the costs 
already stemming from being a party to the BBNJ Agreement.  

The transposition of the Directive and its implementation by Member States will be monitored 
by  two  Commission  departments  –  DG  Environment  and  DG  for  Maritime  Affairs  and 
Fisheries. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

After  the  co-legislators  adopt  this  Directive,  the  Commission  will  make  the  following 
arrangements during the transposition period to facilitate the transposition process: 

it  will  organise  meetings  with  Member  State  experts  in  charge  of  transposing  the  different 
chapters of the Directive to discuss how to transpose them and to resolve any doubts, either in 
the context of Commission national expert groups or in another suitable and focused format;  

it will be available for bilateral meetings and calls with Member States to discuss any specific 
questions on transposing the Directive. 

After the transposition deadline, the Commission will carry out a comprehensive assessment 
of whether Member States have completely and correctly transposed the Directive. 

• 

Explanatory documents (for directives) 

Following  the  ruling  of  the  Court  of  Justice  of  the  European  Union  in  Commission  vs 
Belgium (case C-543/17), Member States must submit notifications of national transposition 
measures together with sufficiently clear and precise information indicating which provisions 
of national law transpose which provisions of a directive. This information must be provided 
for each obligation, not only for each article.  

Provided  that  the  Member  States  comply  with  this  obligation,  in  principle  they  would  not 
need to send any further explanatory documents on transposition to the Commission. 

• 

Detailed explanation of the specific provisions of the proposal 

The proposal contains common rules for Member States on implementing Part II of the BBNJ 
Agreement  on  marine  genetic  resources  (MGRs),  Part  III  on  area-based  management  tools, 
including  marine protected areas  (MPAs) and Part IV on environmental impact  assessments 
(EIAs). 

Under the MGRs chapter, the obligations for the EU Member States relate to the notifications 
to be made to the Clearing-House Mechanism, the obligation to deposit samples and data in 
publicly  available  repositories  and  databases  and  to  share  monetary  and  non-monetary 
benefits. The Directive requires Member States to designate a national competent authority to 
overview  compliance  with  the  notification  and  the  deposit  obligations.  The  Directive  also 
clarifies the scope of application for the EU and its Member States, which excludes retractive 
application to MGRs and digital sequence information collected and/or generated before the 
entry into force of the Agreement. 

Under the area-based management tools chapter, the obligations for the Member States relate 
to  sharing  information  and  cooperating  with  the  Commission  and  other  Member  States  on 
proposals  for  area-based  management  tools.  The  obligations  are  detailed  in  the  Code  of 

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Conduct  of  14 March 2024  laying  down  arrangements  regarding  the  exercise  of  rights  and 
obligations of the European Union and Member States under the BBNJ Agreement. 

Under  the  EIA  chapter,  the  obligations  for  the  Member  States  relate  to  planned  activities 
under  their  jurisdiction  or  control  that  take  place  in  areas  beyond  national  jurisdiction.  For 
planned activities under Member States’ jurisdiction or control that takes place in areas within 
national jurisdiction and that are likely to have significant effects on the marine environment 
in  areas  beyond  national  jurisdiction,  the  only  obligation  is  to  make  relevant  information 
available through the BBNJ Clearing-House Mechanism during the process carried out under 
the EIA Directive and other relevant EU law that contains provisions related to environment 
assessments for planned activities. 

Detailed explanation of the specific provisions of the proposal 

Chapter 1 General provisions 

Article 1: Subject matter 

This  provision  sets  out  the  purpose  of  the  Directive,  which  is  to  implement  the  obligations 
under the BBNJ Agreement, in particular its general objective to ensure the conservation and 
sustainable  use  of  marine  biological  diversity  of  areas  beyond  national  jurisdiction,  for  the 
present and in the long term. 

Article 2: Definitions 

This provision contains definitions of the terms used in the Directive. 

Article 3: Scope 

This  provision  outlines  the  cases  to  which  this  Directive  applies  and  which  activities  are 
excluded. 

Chapter  2:  Marine  genetic  resources  and  digital  sequence  information  of  areas  beyond 
national jurisdiction 

Article 4: General provisions 

This  article  outlines  the  activities  to  which  the  provisions  of  Chapter  2  apply,  and  which 
activities are excluded. 

Article  5:  Activities  with  respect  to  marine  genetic  resources  of  areas  beyond  national 
jurisdiction 

This provision sets out the approach for the collection in situ of marine genetic resources of 
areas  beyond  national  jurisdiction,  safeguarding  the  rights  and  interests  of  other  States  and 
ensuring cooperation and coordination. 

Article  6:  Notification  on  activities  with  respect  to  marine  genetic  resources  and  digital 
sequence information on marine genetic resources of areas beyond national jurisdiction 

This  provision  refers  to  the  need  to  systematically  notify  to  the  BBNJ  Clearing-House 
Mechanism information on the collection in situ of marine genetic resources of areas beyond 
national jurisdiction, and information on where to find the results of the utilisation. It requires 

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Member States to take the legislative, administrative or policy measures needed to ensure this 
information is notified to the BBNJ Clearing-House Mechanism. 

Article 7 Deposition of marine genetic resources and digital sequence information on marine 
genetic resources of areas beyond national jurisdiction 

This  provision  aims  to  meet  the  need  for  Member  States  to  make  explicit  the  request  to 
natural  or legal  persons under their jurisdiction utilising marine genetic resources to  deposit 
samples  and  digital  sequence  information  on  marine  genetic  resources  of  areas  beyond 
national  jurisdiction,  together  with  their  BBNJ  standardised  batch  identifiers,  in  publicly 
accessible  repositories  and  databases,  maintained  either  nationally  or  internationally.  They 
must  deposit  these  samples  and  information  no  later  than  three  years  from  the  start  of  such 
utilisation or as soon as they are available, taking into account current international practice.  

It states that Member States must confirm to the competent authority that these deposits have 
been made. Sharing information in this way is indispensable to provide a level playing field 
for compliance checks and to ensure compliance with the EU’s international obligations under 
the  BBNJ  Agreement.  This  Article  also  considers  that  currently,  marine  research  in  areas 
beyond national jurisdiction is carried out by international research consortia. In these cases, 
if the person identified for sharing this information is based in a state located outside the EU, 
the  consortia  must  identify  a  person  in  the  research  project  established  in  or  resident  of  a 
Member State to provide the confirmations of deposits to the competent authority. 

Chapter 3: Environmental assessments 

Article 8: General provisions 

This  provision  requires  Member  States  to  ensure  that  the  potential  impacts  on  the  marine 
environment  of  planned  activities  under  their  jurisdiction  or  control  taking  place  in  areas 
beyond  national  jurisdiction  are  made  subject  to  an  assessment  before  they  are  authorised. 
This provision also aims to specify what Member States must cover in these assessments and 
how to coordinate assessments. This provision specifies the obligations for activities that take 
place in areas within national jurisdiction and that are likely to have significant effects on the 
marine environment in areas beyond national jurisdiction. 

Article 9: Screening 

This  Article  outlines  the  provisions  regarding  the  screening  procedure,  specifically  when  a 
Member State must conduct a screening for a planned activity. It sets out the level of detail 
required, the factors to be considered in the final decision, and what must be made available 
to the public and to the Clearing-House Mechanism established under the BBNJ Agreement. 

Article 10: Scoping and report 

This provision details how the environmental impact assessment report must be prepared and 
what  information  to  include.  It  requires Member States to  ensure that environmental impact 
assessment reports are of a sufficient quality to meet the requirements of this Directive. 

Article 11: Consultations 

This  provision  ensures that  Member States  give  the opportunity  to  the public and any other 
parties  to  the  BBNJ  Agreement  to  participate  in  the  authorisation  procedures  for  planned 

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activities.  It  requires  Member  States  to  make  specific  information  available  to  the  public 
through the BBNJ Clearing-House Mechanism and the BBNJ Secretariat and to make detailed 
arrangements  for  informing  and  consulting  stakeholders,  ensuring  that  their  input  is  duly 
considered and addressed in the decision-making process. 

Article 12: Decision-making 

This provision ensures that Member States only authorise activities that can be conducted in a 
manner  consistent  with  the  need  to  prevent  significant  adverse  impacts  on  the  marine 
environment, based on the results of consultations referred to in Article 10. It ensures that the 
decision  is  made  available  to  the  public  and  through  the  BBNJ  Clearing-House  Mechanism 
and the BBNJ Secretariat. 

Article 13: Monitoring 

This  article  outlines  the  provisions  governing  the  regular  monitoring  of  the  impacts  of 
authorised activities in areas beyond national jurisdiction in order to determine whether these 
activities are likely to cause substantial pollution or have significant and harmful changes to 
the  marine  environment.  It  specifies  the  need  for  publication,  also  through  the  BBNJ 
Clearing-House Mechanism. It requires Member States to review their decisions in the event 
of significant harmful impacts or in response to concerns or recommendations from a party to 
the BBNJ Agreement or the BBNJ Scientific and Technical Body. 

Article 14: Access to justice 

This  provision  ensures  that  stakeholders  have  the  right  to  access  a  review  procedure  to 
challenge the substantive or procedural legality of decisions, acts or omissions under Chapter 
3, in accordance with the Aarhus Convention. 

Article 15: Strategic environmental assessment of plans and programmes 

This provision encourages Member States to conduct strategic environmental assessments for 
plans and programmes  relating  to  planned  activities under their jurisdiction or control to  be 
conducted in areas beyond national jurisdiction in order to assess the potential effects of such 
plans or programmes on the marine environment. 

Chapter 4: Measures such as area-based management tools, including marine protected areas 

Article 16: Proposal for the establishment of area-based management tools 

This article outlines the requirements for Member States when making proposals to establish 
area-based management tools. 

Article 17: Content of proposals 

This  article  outlines  the  content  of  Member  State  proposals  for  establishing  area-based 
management tools, including marine protected areas. It specifies which stakeholders must be 
consulted and what key elements the proposals must include. 

Article 18: Implementation 

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This  provision  requires  Member  States  to  ensure  that  activities  under  their  jurisdiction  or 
control  taking  place  in  areas  beyond  national  jurisdiction  are  conducted  in  line  with  the 
decisions adopted under Part III of the BBNJ Agreement.  It  also  requires Member States to 
support the implementation of the decisions and recommendations made by the Conference of 
the Parties under Part III of the BBNJ Agreement. 

Article 19: Public participation 

This provision states that Member States must give the public the opportunity to participate in 
the  preparation  of  proposals  to  establish  area-based  management  tools,  including  marine 
protected areas. 

Chapter 5: Final provisions 

Article 20: Competent authorities 

This provision requires Member States to identify the competent authorities for carrying out 
duties under this Directive. 

Articles 21 to 24 

These articles contain further provisions on transposition by the Member States, on reporting 
by the Member States, on evaluation and reporting by the Commission and on entry into force 
of the Directive. 

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2025/0090 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the conservation and sustainable use of marine biological diversity of areas beyond 
national jurisdiction 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee10,  
Having regard to the opinion of the Committee of the Regions11,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

10 
11 
12 

It  is  necessary  to  tackle  biological  diversity  loss  and  the  degradation  of  ocean 
ecosystems, due in particular to climate change impacts on marine ecosystems, such as 
warming  and  ocean  deoxygenation,  ocean  acidification,  pollution  (including  plastic 
pollution) and unsustainable use of the ocean. For this purpose, it is necessary to lay 
down  rules  at  EU  level  in  order  to  implement  the  international  commitments  of  the 
Union and its Member States.  

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 jurisdiction12 (‘the BBNJ Agreement’ or ‘the Agreement’) aims 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  United  Nations  Convention  on  the 
Law  of  the  Sea,  to  which  the  Union  and  its  Member  States  are  parties,  and  further 
international cooperation and coordination.  

This Directive should implement into  EU law the obligations arising from the BBNJ 
Agreement  in  the  area  of  the  protection  of  the  environment,  acknowledging  that  its 
international  cooperation  and 
implementation  would  also  depend  on 
further 
coordination, in particular as provided under that Agreement. 

OJ C , , p. . 
OJ C , , p. . 
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, adopted on 19 
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXI-
2023: 
June 
10&chapter=21&clang=_en  

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(4) 

(5) 

(6) 

(7) 

(8) 

The  EU  signed  the  BBNJ  Agreement  on  20  September  2023.  On  17  June  2024,  the 
Council adopted Council Decision (EU) 2024/183013 on the conclusion of the BBNJ 
Agreement on behalf of the Union. The Union has not yet deposited its instrument of 
approval of the BBNJ Agreement. Pursuant to Article 68(1) of the BBNJ Agreement, 
it  will  enter  into  force  120  days  after  the  date  on  which  the  sixtieth  instrument  of 
ratification, approval, acceptance or accession is deposited. 

The  Union  is  committed  to  stepping  up  efforts  to  tackle  climate  change  and  to 
delivering  on  the  implementation  of  the  Paris  Agreement  adopted  under  the  United 
Nations  Framework  Convention  on  Climate  Change  (‘the  Paris  Agreement’),  guided 
by  its  principles  and  on  the  basis  of  the  best  available  scientific  knowledge,  in  the 
context of the long-term temperature goal of the Paris Agreement.  

The  Convention  on  Biological  Diversity  was  approved  on  behalf  of  the  Union  in 
accordance with Council Decision 93/626/EEC14. The Nagoya Protocol on Access to 
Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their 
Utilization to  the Convention on Biological  Diversity  was  approved on behalf of the 
EU  in  accordance  with  Council  Decision  2014/283/EU15  and  Regulation  (EU)  No 
511/2014 of the European Parliament and of the Council. The Convention sets out the 
framework  for  measures  to  comply  with  the  Nagoya  Protocol  on  Access  to  Genetic 
Resources  and  the  Fair  and  Equitable  Sharing  of  Benefits  Arising  from  their 
Utilization in the Union. 

As parties to the Convention on Biological Diversity, the Union and its Member States 
are  committed  to  achieving  the  goals  and  targets  of  the  Kunming-Montreal  Global 
Biodiversity  Framework,  adopted  at  the  fifteenth  meeting  of  the  Conference  of  the 
Parties  to  the  Convention  on  Biological  Diversity  on  7-19  December  2022,  and  the 
long-time  strategic  vision  that,  by  2050,  biodiversity  is  to  be  valued,  conserved, 
restored and wisely used, maintaining ecosystem services, sustaining a healthy planet 
and delivering benefits essential for all people. The EU biodiversity strategy for 2030, 
in  the communication of the Commission  of 20  May 2020 entitled ‘EU  Biodiversity 
Strategy  for  2023  Bringing  nature  back  into  our  lives’,  sets  out  multiple  objectives, 
including the aim to restore the good environmental status of marine ecosystems. 
Directive (EU) 2019/102416 of the European Parliament and of the Council encourages 
public sector bodies and public undertakings to produce and make  available research 
data  in  accordance  with  the  principle  of  “open  by  design  and  by  default’’  and  the 
FAIR principles,  This  Directive  is  also  imposing the sharing of certain  research data 
for its re-usability.  

(9) 

Pursuant to the BBNJ Agreement, activities with respect to marine genetic resources 
and digital sequence information on marine genetic resources of areas beyond national 

13 

14 

15 

16 

Council Decision (EU) 2024/1830 of 17 June 2024 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,  OJ  L  2024/1830, 
19.7.2024 
Council  Decision  93/626/EEC  of  25  October  1993  concerning  the  conclusion  of  the  Convention  on 
Biological Diversity, OJ L 309, 13.12.1993, p. 1 
Council  Decision  2014/283/EU  of  14  April  2014  on  the  conclusion,  on  behalf  of  the  Union,  of  the 
Nagoya  Protocol  on  Access  to  Genetic  Resources  and  the  Fair  and  Equitable  Sharing  of  Benefits 
Arising from their Utilization to the Convention on Biological Diversity 
Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data 
and the re-use of public sector information (recast), OJ L 172, 26.6.2019, p. 56–83 

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13 

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jurisdiction  are  in  the  interests  of  all  States  and  for  the  benefit  of  all  humanity, 
particularly  for  the  benefit  of  advancing  the  scientific  knowledge  of  humanity  and 
promoting the conservation and sustainable use of marine biological diversity,  taking 
into consideration the interests and needs of developing States.  

(10) 

It  is  necessary,  in  line  with  Article  9  of  the  BBNJ  Agreement,  to  foster  fair  and 
equitable  sharing  of  benefits  arising  from  activities  with  respect  to  marine  genetic 
resources  and  digital  sequence  information  on  marine  genetic  resources  of  areas 
beyond  national  jurisdiction  for  the  conservation  and  sustainable  use  of  marine 
biological diversity of areas beyond national jurisdiction.  

(11)  The EU deposited Exception 2024/1833 under Article 70 in conjunction with Article 
10(1) of the  BBNJ  Agreement  regarding  the  retroactive effects  set out  in the second 
sentence of that Article. This means the provisions of the Agreement will apply for the 
Union only to activities with respect to marine genetic resources and digital sequence 
information  on  marine  genetic  resources  of  areas  beyond  national  jurisdiction 
collected and generated after the BBNJ Agreement enters into force for the Union. 

(12)  When  accessing  traditional  knowledge  associated  with  marine  genetic  resources 
collected in areas beyond national jurisdiction that is held by indigenous peoples and 
local communities, such access should be done with free, prior and informed consent 
or approval and involvement of these indigenous peoples and local communities as set 
out  in  Article  13  of  the  BBNJ  Agreement.  In  such  cases,  any  applicable  national 
legislation  enabling  the  indigenous  peoples  and  local  communities  that  hold  the 
traditional knowledge to issue free, prior and informed consent should apply. 

(13)  To reduce the administrative burden and costs of implementation, Member States may, 
where  available,  use  a  digital  platform  provided  by  the  Commission  to  meet  the 
purpose of this Directive. 

(14)  The  BBNJ  Agreement  allows  the  establishment  of  area-based  management  tools, 
including  marine  protected,  areas  in  areas  beyond  national  jurisdiction.  Measures 
adopted  by  the  Conference  of  the  Parties  under  the  BBNJ  Agreement  should  be 
implemented and, if necessary, transposed into EU legislation. Pending transposition, 
Member States should not undermine the effectiveness of the measures adopted. It is 
necessary  to  lay  down  the  procedures  needed  to  ensure  coordination  among  the 
Member  States  and  the  Commission  prior  to  the  submission  of  any  proposal  to 
establish area-based management tools or a proposal for an emergency measure to the 
BBNJ Secretariat. 

(15)  Under  this  Directive,  for  any  proposal  to  establish  area-based  management  tools  or 
any  proposal  for  an  emergency  measure  under  Articles  19  and  24(3)  of  the  BBNJ 
Agreement,  the  Commission  should  carry  out  a  preliminary  legal  assessment.  This 
assessment  should  include  an  assessment  of  the  need  for  the  Union  to  make  such  a 
proposal to the BBNJ Secretariat. 

(16)  The  BBNJ  Agreement  lays  down  provisions  concerning  environmental  impact 
assessment  in  areas  beyond  national  jurisdiction  to  reflect  developments  at 
international  level.  It  is  necessary  to  provide  for  minimum  provisions  on  how  these 
obligations are implemented in the Union, in the light of the obligations raising from 
the BBNJ Agreement, thus ensuring a level-playing field between the Member States 
and avoiding conflicting requirements. The effects of planned activities taking place in 
areas  beyond  national  jurisdiction  on  the  marine  environment  should  be  assessed  in 
order to  take  account  of concerns to  protect  human health, to  enhance the quality  of 

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life  by  creating  a  better  environment,  to  maintain  the  diversity  of  species  and  to 
maintain the reproductive capacity of the ecosystem as a basic resource for life.  

(17)  The  Union  is  party  to  the  United  Nations  Economic  Commission  for  Europe 
Convention  on  access  to  information,  public  participation  in  decision-making  and 
access  to  justice  in  environmental  matters,  signed  in  Aarhus  on  25  June  1998  and 
ratified  on  17  February  2005.  The  Union  is  party  to  the  United  Nations  Economic 
Commission  for  Europe  Convention  on  environmental  impact  assessment  in  a 
transboundary context, signed in Espoo on 25 February 1991 and ratified on 24 June 
1997. The obligations under these Conventions should remain applicable in the areas 
falling  within  the  scope  of  this  Directive.  The  Espoo  Convention  aims  to  enhance 
international  co-operation  in  assessing  environmental  impact  in  particular  in  a 
transboundary context. The objectives of the Aarhus Convention include guaranteeing 
the rights of public participation in decision-making in environmental matters in order 
to contribute to the protection of the right to live in an environment which is adequate 
for  personal  health  and  well-being.  Within  the  scope  of  this  Directive,  the  rights  of 
public participation in decision-making in environmental matters should be exercised 
following the same principles as those established under the Aarhus Convention.  

(18)  While  the  purpose  of  this  Directive  is  to  provide  for  a  legal  framework  governing 
activities  taking  place  in  areas  beyond  national  jurisdiction,  any  activities  to  be 
conducted in areas within national jurisdiction that are likely to have significant effects 
on the marine environment in areas beyond national jurisdiction should be subject to 
an  assessment  in  accordance  with  Directive  2011/92/EU  of  the  European  Parliament 
and  of  the  Council17,  other  relevant  EU  law  that  contains  provisions  related  to 
environment  assessments  for  planned  activities18  and  national  laws  transposing  EU 
legislation. In accordance with Article 28(2) of the BBNJ Agreement, in the EU such 
activities  conducted  in  areas  within  national  jurisdiction  should  be  assessed  under 
established EU rules. In those cases, Member States should ensure that they meet the 
obligations under the BBNJ Agreement. 

(19)  Since  other  applicable  legal  instruments  or  frameworks  or  global,  regional, 
subregional  or  sectoral  bodies  provide  a  framework  for  assessing  the  impacts  of 
planned activities under national jurisdiction or control that take place in areas beyond 
national jurisdiction, Member States should not be required to conduct a screening or 
an  environmental  impact  assessment  in  accordance  with  this  Directive  under  the 
conditions set out in Article 29(4) of the BBNJ Agreement. In such cases, the Member 
State  concerned  should  ensure  that  the  environmental  impact  assessment  report  is 
published through the BBNJ Clearing-House Mechanism. 

(20)  Any  plans  or  programmes  prepared  or  adopted  by  national,  regional  or  local 
authorities of Member States which are likely to have significant effects on the marine 

17 
18 

OJ L 26, 28.1.2012, p. 1–21 
Such as Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 
amending  Directive  (EU)  2018/2001,  Regulation  (EU)  2018/1999  and  Directive  98/70/EC  as  regards 
the  promotion  of  energy  from  renewable  sources,  and  repealing  Council  Directive  (EU)  2015/652, 
Regulation  (EU)  2024/1252  of  the  European  Parliament  and  of  the  Council  of  11  April  2024 
establishing  a  framework  for  ensuring  a  secure  and  sustainable  supply  of  critical  raw  materials  and 
amending  Regulations  (EU)  No  168/2013,  (EU)  2018/858,  (EU)  2018/1724  and  (EU)  2019/1020, 
Regulation  (EU)  2024/1735  of  the  European  Parliament  and  of  the  Council  of  13  June  2024  on 
establishing  a  framework  of  measures  for  strengthening  Europe’s  net-zero  technology  manufacturing 
ecosystem and amending Regulation (EU) 2018/1724 

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environment in areas beyond national jurisdiction should be subject to an assessment 
in  accordance  with  Directive  2001/42/EC  of  the  European  Parliament  and  of  the 
Council19 and national laws transposing that Directive. 

(21)  When determining the likelihood of significant effects of planned activities, Member 
States should take into account how notable or important effects can be.  They should 
also  take  account  of  criteria  set  out  in  Directive  2011/92/EU  in  making  this 
determination. 

(22) 

In order to determine whether a planned activity may cause substantial pollution of or 
significant  and  harmful  changes  to  the  marine  environment,  the  screening  or  the 
environmental  impact  assessment  of  such  an  activity  should,  in  principle,  be  carried 
out  at  the  earliest  possible  stage  in  the  decision-making  process  with  a  view  to 
identifying and assessing all the likely effects which the planned activity may have on 
the marine environment. This is particularly important to identify and assess unknown 
or poorly understood effects of the planned activities.  

(23)  Decisions  authorising  planned  activities  that  take  place  in  areas  beyond  national 
jurisdiction granted by the competent authority or authorities may take the form of a 
wide range of legal acts (such as development consents, decisions, permits and other 
forms  of  authorisation),  depending  on  the  national  procedures  applicable  in  the 
Member  States.  Irrespective  of  the  form,  title  or  the  procedure  for  adopting  such 
decisions  under  national  law,  Member  States  should  ensure  that  planned  activities 
taking place in areas beyond national jurisdiction that may cause substantial pollution 
of or significant and harmful changes to the marine environment are made subject to 
an assessment before being authorised.  

(24)  This  Directive  is  in  line  with  Article  47  of  the  Charter  of  Fundamental  Rights  and 
implements the obligation under the Aarhus Convention to guarantee access to justice 
in  environmental  matters.  It  should  be  possible  for  the  public  concerned  including 
non-governmental organisations promoting environmental protection and meeting any 
requirements  under  national  law  to  have  access  to  review  of  decisions  taken  by 
Member States under this Directive. 

(25)  The effectiveness of this Directive requires that natural or legal persons, or their duly 
constituted organisations, should be able to cite it in legal proceedings and the national 
courts should be able to take this Directive into consideration as an element of EU law, 
for example when reviewing decisions of a national authority. In addition, according 
to settled case law of the Court of Justice, under the principle of sincere cooperation 
laid down in Article 4(3) of the Treaty on European Union (TEU), it is for the courts 
of the Member States to ensure judicial protection of a person’s rights under EU law. 
Article  19(1)  TEU  requires  Member  States  to  provide  remedies  sufficient  to  ensure 
effective  judicial  protection  in  the  fields  covered  by  EU  law.  In  addition,  under  the 
Aarhus  Convention,  members  of  the  public  should  have  access  to  justice  to  protect 
their right to live in an environment adequate to their personal health and well-being.  

(26)  This  Directive  respects  the  fundamental  rights  and  observes  the  principles  as 
recognised  in  particular  by  the  Charter,  including  the  freedom  of  expression  and 
information, the freedom to conduct a business, the right to an effective remedy and to 
a fair trial, the principles of legality and proportionality. This Directive seeks to ensure 
full respect for those rights and principles and should be implemented accordingly. 

19 

OJ L 197, 21.7.2001, p. 30–37 

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(27) 

In  accordance  with  the  Joint  Political  Declaration  of  28 September  2011  of  Member 
States  and  the  Commission  on  explanatory  documents20,  Member  States  have 
undertaken  to  provide,  in  justified  cases,  notification  of  their  transposition  measures 
together  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislators consider the transmission of 
such documents to be justified, in particular following the judgment of the European 
Court of Justice in Case Commission vs Belgium21  (case C-543/17), 

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER 1 

General provisions 

Article 1 

Subject matter 

This  Directive  establishes  minimum  rules  regarding  implementation  within  the  European 
Union  of  the  Agreement  (‘the  BBNJ  Agreement’  or  ‘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. 

Article 2  

Definitions 

For the purposes of this Directive, the following definitions apply: 

(a) ‘areas beyond national jurisdiction’ means the high seas and the Area as defined in Article 
1(1) of the United Nations Convention on the Law of the Sea; 

(b)  ‘collection  in  situ’,  in  relation  to  marine  genetic  resources,  means  the  collection  or 
sampling of marine genetic resources in areas beyond national jurisdiction; 

(c) ‘Conference of the Parties’ means the Conference of the Parties established under Article 
47 of the BBNJ Agreement; 

(d) ‘marine genetic resources’ means any material of marine plant, animal, microbial or other 
origin containing functional units of heredity of actual or potential value; 

(e) ‘utilisation of marine genetic resources’ means  conducting research and development  on 
the  genetic  and/or  biochemical  composition  of  marine  genetic  resources,  including  through 
the application of biotechnology; 

(f)  ‘BBNJ  Clearing-House  Mechanism’  means  the  platform  established  under  Article  51  of 
the BBNJ Agreement; 

(g) ‘BBNJ Scientific and Technical Body’ means the body established under Article 49 of the 
BBNJ Agreement; 

(h)  ‘BBNJ  Secretariat’  means  the  secretariat  established  under  Article  50  of  the  BBNJ 
Agreement;  

20 
21 

EN 

OJ L 369, 17.12.2011, p. 14 
Judgment  of 
ECLI:EU:C:2019:573 

the  Court  of  Justice  of  8 July  2019,  Commission  v  Belgium,  C-543/17, 

17 

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(i)  ‘planned  activity’  means  an  activity  involving  the  execution  of  construction  works, 
installations,  schemes  or  other  interventions  in  the  marine  environment,  including  regular 
activities aimed at utilising natural resources; 

(j)  ‘activities  under  jurisdiction  or  control’  means  activities  carried  out  by  both  public  and 
private  entities,  on  which  the  Member  State  can,  in  accordance  with  international  law, 
exercise its competence or authority; 

(k)  ‘plans  and  programmes’  means  the  plans  and  programmes  defined  in  Article  2(a)  of 
Directive 2001/42/EC and any modifications to them which are subject to preparation and/or 
adoption by an authority at global, national, regional, subregional or local level or which are 
prepared  by  an  authority  for  adoption,  through  a  legislative  procedure  by  Parliament  or 
Government, and which are required by legislative, regulatory or administrative provisions; 

(l)  ‘decision  to  authorise’  means  a  decision  taken  by  the  competent  authority  or  authorities 
allowing the execution of a planned activity; 

(m) ‘public concerned’ means natural and legal persons affected or likely to be affected by, or 
having an interest in, the environmental decision-making procedures referred to in Chapter 3 
of  this  Directive,  including  non-governmental  organisations  promoting  environmental 
protection and meeting any requirements under national law;  

(n) ‘public’ means the public concerned as well as indigenous peoples and local communities 
with  relevant  traditional  knowledge  and  relevant  global,  regional,  subregional  and  sectoral 
bodies and the scientific community; 

(o)  ‘competent  authority  or  authorities’  mean  the  authority  or  authorities  that  the  Member 
States designate as responsible for performing the duties arising from this Directive; 

(p) ‘environmental impact  assessment’ means a process  to prepare  an environmental  impact 
assessment  report,  carry  out  consultations,  take  into  account  of  the  environmental  impact 
assessment  report  and  the  results  of  the  consultations  in  decision-making  and  provide 
information on the decision in accordance with Chapter 3 of this Directive;  

(q)  ‘environmental 
information required in Article 10(4) of this Directive; 

impact  assessment  report’  means  documentation  containing 

the 

(r)  ‘cumulative  impacts’  means  the  combined  and  incremental  impacts  resulting  from 
different activities, including known past and present and reasonably foreseeable activities, or 
from  the  repetition  of  similar  activities  over  time,  and  the  consequences  of  climate  change, 
ocean acidification and related impacts; 

(s) ‘minor or transitory effects’ mean effects that do not have significant harmful impact on 
the marine environment. 

Article 3  

Scope 

1.  This  Directive  applies  to  planned  activities  under  Member  States’  jurisdiction  or  control 
that take place in areas beyond national jurisdiction.  

2. This  Directive  shall  not  apply  to  any warship, military aircraft or naval  auxiliary. Except 
for Chapter 2, this Directive does not apply to any other vessels or aircraft owned or operated 
by a Member State and used, for the time being, only on government non-commercial service. 

3.  This  Directive  shall  not  apply  to  planned  activities  under  Member  States’  jurisdiction  or 
control  that  take  place  in  areas  within  national  jurisdiction  except  for  the  provisions  under 
Article 8(6) of this Directive.  

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4.  This  Directive  does  not  affect  the  obligation  on  the  competent  authorities  to  respect  the 
limitations  set  under  national  laws,  regulations  and  administrative  provisions  and  accepted 
legal practices with regard to commercial and industrial confidentiality, including intellectual 
property, and the safeguarding of the public interest. 

Marine genetic resources and digital sequence information of areas beyond national 
jurisdiction 

CHAPTER 2 

Article 4 

General provisions 

1. This Chapter applies only to activities with respect to marine genetic resources and digital 
sequence  information  on  marine  genetic  resources  of  areas  beyond  national  jurisdiction 
collected and generated as from XX [after the entry into force of the BBNJ Agreement for the 
EU and its Member States – OJ to insert the date].  

2. This Chapter does not apply to:  

(a) fishing regulated under applicable international law and fishing-related activities; and 

(b)  fish  or  other  living  marine  resources  known  to  have  been  taken  in  fishing  and  fishing-
related  activities  from  areas  beyond  national  jurisdiction,  unless  such  fish  or  other  living 
marine resources are regulated as utilisation under Part II of the BBNJ Agreement. 

Article 5  

Activities with respect to marine genetic resources of areas beyond national jurisdiction  

Member States shall ensure that collection in situ of marine genetic resources of areas beyond 
national  jurisdiction  is  carried  out  with  due  regard  for  the  rights  and  legitimate  interests  of 
coastal states in areas within their national jurisdiction and with due regard for the interests of 
other  states  in  areas  beyond  national  jurisdiction,  in  accordance  with  the  United  Nations 
Convention  on  the  Law  of  the  Sea.  For  this  purpose,  Member  States  shall  cooperate,  as 
appropriate, including using the BBNJ Clearing-House Mechanism, in order to implement the 
provisions of this Chapter. 

Article 6  

Notification on activities with respect to marine genetic resources and digital sequence 
information on marine genetic resources of areas beyond national jurisdiction  

1. Member States  shall  ensure that the information listed in  paragraph 2, and any update  of 
paragraph 3, is notified to the BBNJ Clearing-House Mechanism. Member States shall ensure 
coordination  between  the  system  used  for  notification  of  paragraph  2  and  other  notification 
systems provided under other Union legislation.  

2.  The  following  information  shall  be  notified  to  the  BBNJ  Clearing-House  Mechanism  six 
months  prior  to  the  collection  in  situ  of  marine  genetic  resources  of  areas  beyond  national 
jurisdiction:  

(a) the nature of the collection and the objectives under which it is carried out, including, as 
appropriate, any programme of which it forms part;  

(b) the subject matter of the research or, if known, the marine genetic resources to be targeted 
or collected, and the purposes for which such resources will be collected;  

(c) the geographical areas in which the collection is to be carried out;  

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(d)  a  summary  of  the  method  and  means  to  be  used  for  collection,  including  the  name, 
tonnage, type and class of vessels, scientific equipment and/or study methods employed;  

(e) information concerning any other contributions to proposed major programmes;  

(f)  the  expected  date  of  the  first  appearance  and  final  departure  of  the  research  vessels,  or 
deployment of the equipment and its removal, as appropriate;  

(g)  the  name(s)  of  the  sponsoring  institution(s)  and  the  person  in  charge  of  the  research 
project;  

(h) opportunities for scientists from all states, in particular scientists from developing states, 
to be involved in or associated with the research project;  

(i)  the  extent  to  which  it  is  considered  that  states  parties  to  the  BBNJ  Agreement  that  may 
need  and  request  technical  assistance,  in  particular  developing  states,  should  be  able  to 
participate or to be represented in the research project;  

(j)  a  data  management  plan  prepared  according  to  open  and  responsible  data  governance, 
taking into account current international practice. 

3. Where there is a material change to the information provided to the BBNJ Clearing-House 
Mechanism prior to the planned collection, updated information shall be notified to the BBNJ 
Clearing-House Mechanism within a reasonable period of time and no later than the start of 
collection in situ, when practicable. 

4.  Member  States  shall  ensure  that  the  following  information,  along  with  the  ‘BBNJ’ 
standardised batch identifier, is notified to the BBNJ Clearing-House Mechanism as soon as it 
is available, but no later than one year from the collection in situ of marine genetic resources 
of areas beyond national jurisdiction:  

(a) the repository or database where digital sequence information on marine genetic resources 
is or will be deposited;  

(b) the location where all marine genetic resources collected in situ are or will be deposited or 
held;  

(c)  a  report  detailing  the  geographical  area  from  which  marine  genetic  resources  were 
collected, including information on the latitude, longitude and depth of collection, and, to the 
extent available, the findings from the activity;  

(d) any necessary updates to the data management plan provided under paragraph 2, point (j). 

5. Member States shall ensure that samples of marine genetic resources and digital sequence 
information  on  marine  genetic  resources  of  areas  beyond  national  jurisdiction  that  are  in 
repositories  or  databases  under  their  jurisdiction  can  be  identified  as  originating  from  areas 
beyond national jurisdiction, in accordance with current scientific international practice and to 
the extent practicable. 

6. Member States shall ensure that repositories, to the extent practicable, and databases under 
their jurisdiction prepare, on a biennial basis, an aggregate report on access to marine genetic 
resources and digital sequence information linked to their BBNJ standardised batch identifier, 
and make the report available to the access and benefit-sharing committee set up under Article 
15 of the BBNJ Agreement. 

7.  Where  marine  genetic  resources  of  areas  beyond  national  jurisdiction,  and  where 
practicable,  the  digital  sequence  information  on  such  resources  are  subject  to  utilisation, 
including  commercialisation,  by  natural  or  legal  persons  under  their  jurisdiction,  Member 
States  shall  ensure  that  the  following  information,  including  the  BBNJ  standardised  batch 

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identifier,  if  available,  is  notified  to  the  BBNJ  Clearing  House  Mechanism  as  soon  as  it  is 
available: 

(a)  the  location  of  the  results  of  this  utilisation,  such  as  publications,  patents  granted,  if 
available and to the extent possible, and products developed;  

(b)  where  available,  details  of  the  post-collection  notification  to  the  BBNJ  Clearing  House 
Mechanism related to the marine genetic resources that were the subject of utilisation;  

(c) the location where the original sample that is the subject of utilisation is held;  

(d)  the  arrangements  envisaged  for  access  to  marine  genetic  resources  and  digital  sequence 
information on marine genetic resources that are being utilised, and a data management plan 
for the same;  

(e)  once  marketed,  information,  if  available,  on  sales  of  relevant  products  and  any  further 
development. 

8.  Where  available  and  appropriate,  Member  States  may  use  a  digital  platform  provided  by 
the Commission to prepare and submit the information specified in paragraph 2 and 4. 

Article 7 

Deposition of marine genetic resources and digital sequence information on marine 
genetic resources 

1.  Member  States  shall  ensure  that  natural  or  legal  persons  under  their  jurisdiction  utilising 
marine  genetic  resources  and  digital  sequence  information  on  marine  genetic  resources  of 
areas beyond national jurisdiction deposit these marine genetic resources and digital sequence 
information on marine genetic resources of areas beyond national jurisdiction, together with 
their  BBNJ  standardised  batch  identifiers,  in  publicly  accessible  repositories  and  databases, 
maintained either nationally or internationally, no later than three years from the start of such 
utilisation, or as soon as they are available. 

2. Member States shall also ensure that the natural or legal persons referred to in paragraph 1 
provide the confirmations of deposits to the competent authority.  

If  multiple  natural  or  legal  person  are  involved  in  the  utilisation,  the  person  responsible  for 
overseeing  the research  project  shall provide the confirmations  of deposits  to the competent 
authority  in  the  Member  State  in  which  the  person  responsible  for  overseeing  the  research 
project is established or resident.  

If the person responsible for overseeing the research project is not established or resident in 
the Union, Member States shall ensure that the natural or legal persons under their jurisdiction 
and  involved  in  the  research  project  identify  a  person  in  the  research  project  who  is 
established  in  or resident of a Member State to provide the confirmations  of deposits  to the 
competent authority. 

3. Member States shall ensure, including through coordination, cooperation and exchange of 
relevant  information,  that  the  information  in  paragraph  1  and  2  is  shared  in  a  simplified 
manner,  without  unduly  increasing  the  administrative  burden  on  the  competent  authority  or 
authorities or on natural or legal persons who provide the confirmations of deposits. 

CHAPTER 3 

Environmental assessments  

Article 8 

General provisions 

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1.  Member  States  shall  ensure  that  the  potential  impacts  on  the  marine  environment  of 
planned activities under  their jurisdiction or control that take place in areas beyond national 
jurisdiction  are  made  subject  to  an  assessment  before  a  decision  authorising  them  (a 
development  consent)  is  provided  by  the  competent  authority  or  authorities  in  accordance 
with this Directive. 

2.  The  assessment  referred  in  paragraph  1  may  be  integrated  into  Member  States’  existing 
procedures for the authorisation of planned activities. 

3. In order to coordinate and facilitate the assessment procedures for planned activities under 
Member  States’  jurisdiction  or  control  that  take  place  in  areas  beyond  national  jurisdiction, 
and, in particular, to conduct consultations in accordance with Article 11, the Member States 
concerned may set up, on the basis of equal representation, a joint body.  

4.  Where  an  environmental  impact  assessment  for  a  planned  activity  shall  be  carried  out, 
Member  States  shall  take  into  account,  where  available,  the  results  of  relevant  strategic 
environmental assessments, in particular those carried out under Article 15.  

5.  This  Chapter  does  not  apply  to  planned  activities  under  Member  States’  jurisdiction  or 
control  that  take  place  in  areas  beyond  national  jurisdiction  and  have  a  minor  or  transitory 
effect on the marine environment. 

6.  This  Chapter  does  not  apply  to  planned  activities  under  Member  States’  jurisdiction  or 
control  that  take  place  in  areas  beyond  national  jurisdiction  for  which  a  screening  or  an 
environmental impact assessment have been carried out in accordance with the requirements 
of other relevant international legal instruments or frameworks or by relevant global, regional, 
subregional or sectoral  bodies. For activities for which an environmental  impact  assessment 
has been carried out in accordance with the requirements of other relevant legal instruments 
or frameworks or by relevant global, regional, subregional or sectoral bodies, Member States 
shall ensure that the conditions under Article 29(4) of the BBNJ Agreement are met. In such 
cases,  the  Member  State  concerned  shall  ensure  that  the  environmental  impact  assessment 
report  is  published  through  the  BBNJ  Clearing-House  Mechanism  and  that  the  activity  is 
monitored. 

7. For planned activities under Member States’ jurisdiction or control that take place in areas 
within  national  jurisdiction  and  are  likely  to  have  significant  effects  on  the  marine 
environment  in  areas  beyond  national  jurisdiction,  Member  States  shall  apply  Directive 
2011/92/EU  and  other  relevant  EU  law  that  contains  provisions  related  to  environment 
assessments  for  planned  activities.  For  these  activities,  Member  States  shall  make  relevant 
information  available  through  the  BBNJ  Clearing-House  Mechanism  in  a  timely  manner, 
during  the  process  under  Directive  2011/92/EU  and  other  relevant  EU  law  that  contains 
provisions  related  to  environment  assessments  for  planned  activities  and  ensure  that  the 
activity  is  monitored  in  a  manner  consistent  with  the  requirements  of  that  Directive  and 
national legislation. 

Article 9 

Screening 

1.  If  a  planned  activity  may  have  more  than  a  minor  or  transitory  effect  on  the  marine 
environment in areas beyond national jurisdiction, or the effects of the activity are unknown 
or  poorly  understood,  the  Member  State  with  jurisdiction  or  control  of  the  activity  shall 
conduct a screening in order to determine whether the activity may cause substantial pollution 
of or significant and harmful changes to the marine environment and therefore shall be made 
subject to an assessment.  

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2. The screening  shall be conducted  within a reasonable timeframe and shall be sufficiently 
detailed for the Member State to assess whether it has reasonable grounds for determining that 
the planned activity may cause substantial pollution of or significant and harmful changes to 
the marine environment. 

3. When conducting the screening, Member States shall consider at least the description of the 
planned activity, including its purpose, location, duration and intensity, the initial analysis of 
the  potential  impacts,  including  consideration  of  cumulative  impacts  and,  as  appropriate, 
alternatives to the planned activity. 

4.  For  the  purposes  of  the  screening,  Member  States  shall  take  into  account  at  least  the 
following factors: 

(a) the type of planned activity, the technology used for the activity and the manner in which 
the activity is to be executed; 

(b) the duration of the planned activity; 

(c) the location of the planned activity; 

(d) the characteristics and ecosystem of the location (including areas of particular ecological 
or biological significance or vulnerability) of the planned activity; 

(e)  the  potential  impacts  of  the  planned  activity,  including  the  potential  cumulative  impacts 
and the potential impacts in areas within national jurisdiction; 

(f) the extent to which the effects of the planned activity are unknown or poorly understood; 

(g) other relevant ecological or biological factors. 

5.  Where,  as  a  result  of  the  screening,  it  is  determined  that  the  planned  activity  may  cause 
substantial  pollution  of  or  significant  and  harmful  changes  to  the  marine  environment,  an 
environmental impact assessment shall be carried out in accordance with this Chapter.  

6. The competent authority shall take a screening decision on the basis of the factors referred 
to  in  paragraph  4.  The  screening  decision,  including  the  main  reasons  for  requiring  or  not 
requiring an assessment  with reference to the relevant factors listed in paragraph  4, shall be 
made available to the public, including through the BBNJ Clearing-House Mechanism.  

7. If, following the publication of the screening decision referred to in paragraph 6, a Party to 
the  BBNJ  Agreement  or  the  BBNJ  Scientific  and  Technical  Body  raise  any  concerns  or 
recommendations within a period of 40 days after publication of the screening decision with 
regard  to  a  determination  that  a  planned  activity  may  not  cause  substantial  pollution  of  or 
significant and harmful changes to the marine environment, the Member State that made this 
determination shall take these concerns into consideration. As a result, the Member State may 
review its determination.  

Article 10 

Scoping and report 

1.  Where  an  environmental  impact  assessment  for  a  planned  activity  is  to  be  carried  out, 
Member States shall ensure that an environmental impact assessment report is prepared.  

2.  The  environmental  impact  assessment  report  shall  be  based  on  an  opinion  on  its  scope 
issued by a competent authority. 

3.  The  competent  authority  shall  issue  the  opinion  referred  to  in  paragraph  2  taking  into 
account  the  best  available  science  and  scientific  information  and,  where  available,  relevant 
traditional knowledge of indigenous peoples and local communities, as well as information on 

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the key environmental and any associated impacts of the planned activity, such as economic, 
social, cultural and human health impacts, including potential cumulative impacts and impacts 
in areas within national jurisdiction, as well as reasonable alternatives to the planned activity. 

4. The environmental impact assessment report referred to in paragraph 1 shall include at least 
the following information:  

(a) a description of the planned activity, including its location; 

(b) the opinion issued under paragraph 3; 

(c)  a  baseline  assessment  of  the  marine  environment  likely  to  be  affected  by  the  planned 
activity;  

(d) a description of potential impacts of the planned activity, including potential cumulative 
impacts and any impacts of the activity in areas within national jurisdiction;  

(e) a description of prevention, mitigation and management measures;  

(f) a description of uncertainties and gaps in knowledge;  

(g) information on the public consultation process;  

(h) a description of the consideration of reasonable alternatives to the planned activity;  

(i)  a  description  of  follow-up  actions,  including  an  environmental  management  plan  to  be 
implemented during the execution and operation of the activity;  

(j) a non-technical summary of the information referred to in points (a) to (i). 

5.  In order to  ensure that  completeness and quality  of  the environmental  impact  assessment 
reports,  Member  States  shall  ensure  that  the  reports  are  prepared  by  competent  experts  and 
that  the  competent  authorities  have,  or  have  access  as  necessary  to,  sufficient  expertise  to 
examine these reports.  

Article 11 

Consultations 

1. Member States shall ensure that, within reasonable time-frames, the following information 
is made available to the public, including through the BBNJ Clearing-House Mechanism and 
the BBNJ secretariat: 

(a) the environmental impact assessment report referred to in Article 10(1); 

(b) the request for authorisation of the planned activity;  

(c) the fact that the planned activity is subject to an environmental impact assessment; 

(d)  details  of  the  competent  authorities  responsible  for  taking  the  decision  to  authorise  the 
activity,  those  from  which  relevant  information  can  be  obtained,  and  those  to  which 
comments or questions can be submitted, as well as details of the time frame for submitting 
comments or questions; 

(e)  an  indication  of  the  times  and  places  at  which,  and  the  means  by  which,  the  relevant 
information will be made available; 

(f) details of the arrangements for public participation made under paragraph 4. 

2. Parties to the BBNJ Agreement, in particular coastal parties adjacent to the planned activity 
and any other parties adjacent to the planned activity, and the public concerned shall be given 
early  and  effective  opportunities  to  participate  in  procedures  for  authorising  the  planned 
activities  referred  to  in  Article  12(2)  and  shall,  for  that  purpose,  be  entitled  to  express 

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comments  and  opinions  before  a  decision  to  authorise  a  planned  activity  is  taken  when  all 
options are open to the competent authority or authorities.  

3. For the purposes of paragraph 2, Member States shall determine potentially most affected 
parties by taking into account the nature and potential effects on the marine environment of 
the planned activity. Such parties shall include: 

(a) coastal parties whose exercise of sovereign rights for the purpose of exploring, exploiting, 
conserving or managing  natural  resources may reasonably  be believed to  be affected by the 
planned activity; 

(b)  parties  that  carry  out,  in  the  area  of  the  planned  activity,  human  activities,  including 
economic activities, that may reasonably be believed to be affected by the planned activity. 

4.  Member  States  shall  set  up  the  detailed  arrangements  for  informing  the  stakeholders 
referred to in paragraph 2 and reasonable time-frames for consulting the stakeholders referred 
to in paragraph 2, that shall not be shorter than 30 days but shall not be longer than 85 days. 
To  that  extent,  Member  States  may  use  existing  arrangements  resulting  from  Directive 
2011/92/EU  and  other  relevant  EU  law  that  contains  provisions  related  to  environment 
assessments for planned activities. 

5.  Member  States  shall  ensure  that  the  results  of  the  consultation,  including  relevant 
comments and opinions expressed by parties and the public concerned as well as those made 
by the BBNJ Scientific and Technical Body, are duly taken into account and addressed in the 
decision-making process. 

Article 12 

Decision-making 

1. Member States shall ensure that the competent authority or authorities make a decision to 
authorise  a  planned  activity  when,  taking  into  account  mitigation  or  management  measures, 
have determined that all reasonable efforts have been made to ensure that the planned activity 
can be conducted in a manner consistent with the prevention of significant adverse impacts on 
the marine environment. 

2.  The  decision  to  authorise  a  planned  activity  shall  be  based  on  the  results  of  the 
consultations referred to in Article 11 and shall incorporate at least the following: 

(a)  a  conclusion  of  the  competent  authority  on  the  likely  significant  impacts  of  the  planned 
activity on the marine environment and the main reasons for the authorisation; 

(b)  any  conditions  attached  to  the  decision,  a  description  of  any  features  of  the  planned 
activity and/or measures envisaged to avoid, prevent or reduce any substantial pollution of or 
significant and harmful  changes to the marine environment as well as monitoring measures. 
Where appropriate, these measures may be incorporated into an environmental management 
plan. 

3. A  decision  not  to  authorise  a  planned  activity  shall  state  the  main  reasons  for  the  non-
authorisation. 

4. When a decision to authorise or not to authorise a planned activity has been taken, Member 
States  shall  promptly  ensure  that  the  decision  is  made  available  to  the  public,  including 
through  the  BBNJ  Clearing-House  Mechanism  and  the  BBNJ  secretariat.  To  that  point, 
Member  States  shall  make  available  the  comments  and  opinions  received  during  the 
consultations  referred  to  in  Article  11  and  a  description  of  the  manner  in  which  these 
comments and opinions have been taken into account or otherwise addressed. 

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Article 13  

Monitoring 

1.  Member  States  shall,  by  using  the  best  available  science  and  scientific  information  and, 
where  available,  the  relevant  traditional  knowledge  of  indigenous  peoples  and  local 
communities,  monitor  the  impacts  of  authorised  activities  in  areas  beyond  national 
jurisdiction  in  order  to  determine  whether  these  activities  are  likely  to  pollute  or  have 
significant and harmful changes to the marine environment. In particular, each Member State 
shall  monitor  the  environmental  and  any  associated  impacts,  such  as  economic,  social, 
cultural and human health impacts, of an authorised activity under their jurisdiction or control 
in accordance with the conditions attached to the decision to authorise the planned activity. 

2.  Where  a  Member  State  with  jurisdiction  or  control  over  an  authorised  activity  identifies 
significant and harmful changes to the marine environment that either were not foreseen in the 
environmental impact assessment, in nature or severity, or that arise from a breach of any of 
the conditions referred to in Article 12(2)(b) or where a party to the BBNJ Agreement or the 
BBNJ  Scientific  and  Technical  Body  raise  any  concerns  or  recommendations,  the  Member 
State concerned shall review its decision. To that point, it shall:  

(a)  require  that  measures  be  proposed  and  implemented  to  prevent,  mitigate  and/or  manage 
those impacts or take any other necessary action and/or halt the activity as appropriate; and 

(b) evaluate, in a timely manner, any measures implemented or actions taken under point (a). 

In that event, Member States shall promptly notify the BBNJ Conference of the parties, other 
Parties  to  the  BBNJ  Agreement  and  the  public  concerned,  including  through  the  BBNJ 
Clearing-House Mechanism. 

3.  Member  States  shall periodically  but  not  less  frequently  than  every  three  years  publish  a 
report  on  the  impacts  of  the  authorised  activities  and  the  results  of  the  monitoring  required 
under paragraph 1.  

4.  Member  States  shall  ensure  that  the  following  is  made  available  to  the  public,  including 
through the BBNJ Clearing-House Mechanism: 

(a) monitoring reports;  

(b) reports on the review of the impacts of the authorized activity; 

(c)  where  a  decision  authorising  the  activity  has  been  changed,  newly  taken  decisions, 
including information referred to in Article 12(2). 

Article 14  

Access to justice 

Member  States  shall  ensure  that,  in  accordance  with  the  relevant  national  legal  system, 
members of the public concerned have access to a review procedure before a court of law or 
another  independent  and  impartial  body  set  up  by  law  to  challenge  the  substantive  or 
procedural legality of decisions, acts or omissions under Articles 8 to 13. 

Article 15  

Strategic environmental assessment of plans and programmes 

Member States may, individually or in  cooperation with  other Member States or  with  other 
Parties to the BBNJ Agreement, carry out strategic environmental assessments for plans and 
programmes relating to planned activities under their jurisdiction or control to be conducted in 
areas  beyond  national  jurisdiction,  in  order  to  assess  the  potential  effects  of  such  plans  or 

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programmes  on  the  marine  environment.  Where  Directive  2001/42/EC  provides  for  an 
obligation  to  carry  out  a  strategic  environmental  assessment,  Member  States  shall  comply 
with the provisions of that Directive when carrying out such assessments.  

Measures such as area-based management tools, including marine protected areas 

CHAPTER 4 

Article 16 

Proposal for the establishment of area-based management tools 

1. Member States shall, irrespective of whether they act individually or collectively, send the 
draft  of  a  proposal  under  Article  19  of  the  BBNJ  Agreement  or  of  an  emergency  measure 
under Article 24(3) of that Agreement to the Commission before any submission to the BBNJ 
Secretariat. Upon receipt, the Commission shall inform all Member States and share the draft 
proposal.  If  other  Member  States  have  comments,  they  shall  submit  these  comments  to  the 
Commission within 30 days from  receipt of the draft proposal or earlier if warranted by the 
emergency  measure.  The  Commission  shall  send  the  comments  received  on  to  the  other 
Member States. 

2.  The  Commission  shall  present  a  preliminary  assessment  of  the  draft  proposal  or  draft 
emergency measures received under paragraph 1 before Member States submit any proposal 
or draft to the BBNJ Secretariat. The aim of the preliminary assessment is to help determining 
whether the proposal or the emergency measure should be submitted or not on behalf  of the 
Union, or the Union and its Member States. 

3.  The  Commission  shall  present  a  preliminary  assessment  of  whether  the  draft  proposal  or 
draft  emergency  measure  received  under  paragraph  1  should  be  submitted  to  the  BBNJ 
Secretariat by the Commission on behalf of the Union. Pending such preliminary assessment, 
and if the preliminary assessment concludes that the submission should be made on behalf of 
the Union, Member States shall refrain from submitting the proposal or emergency measure 
referred to in paragraph 1 to the BBNJ Secretariat. 

Article 17 

Content of proposals 

1.  Proposals  under  Article  19  of  the  BBNJ  Agreement  regarding  the  establishment  of  area-
based management tools, including marine protected areas, or the emergency measure under 
Article 24(3) of that Agreement shall be formulated on the basis of the best available science 
and scientific information and, where available, relevant traditional knowledge of indigenous 
peoples  and  local  communities,  following  the  precautionary  approach  and  an  ecosystem 
approach. 

2. Stakeholders, including states and global, regional, subregional and sectoral bodies, as well 
as  civil  society,  the  scientific  community,  the  private  sector,  indigenous  peoples  and  local 
communities, shall be consulted, as appropriate, on the development of proposals referred to 
in this Chapter. 

3. Proposals shall include the following key elements in relation to the identified area that is 
the subject of the proposal: 

(a)  a  geographic  or  spatial  description  of  the  identified  area  by  reference  to  the  indicative 
criteria specified in Annex I to the BBNJ Agreement; 

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(b) information on any of the criteria specified in Annex I to the BBNJ Agreement; 

(c) human activities taking place in the identified area, including uses by indigenous peoples 
and local communities, and their possible impact, if any; 

(d) a description of the state of the marine environment and biological diversity; 

(e)  a  description  of  the  conservation  and,  where  appropriate,  sustainable  use  objectives  that 
are to be applied to the area; 

(f)  a  draft  management  plan  encompassing  the  proposed  measures  and  outlining  proposed 
monitoring, research and review activities to achieve the specified objectives; 

(g) the duration of the proposed area and measures, if any; 

(h) information on any consultations undertaken with states, including adjacent coastal states 
and/or relevant global, regional, subregional and sectoral bodies, if any; 

(i)  information  on  area-based  management  tools,  including  marine  protected  areas, 
implemented under relevant legal instruments and frameworks and relevant global, regional, 
subregional and sectoral bodies; 

(j) relevant scientific input and, where available, traditional knowledge of indigenous peoples 
and local communities. 

4. Member States shall strive to collaborate and share information about proposals, including 
elements listed in paragraph 3.  

Article 18 

Implementation 

1. Member States shall ensure that activities under their jurisdiction or control that take place 
in  areas  beyond  national  jurisdiction  are  conducted  in  line  with  the  decisions  of  the 
Conference of the Parties adopted under Part III of the BBNJ Agreement. 

2. Member States shall promote, as appropriate, the adoption of measures under relevant legal 
instruments and frameworks and relevant global, regional, subregional and sectoral bodies of 
which 
the  decisions  and 
the 
recommendations  made  by  the  Conference  of  the  Parties  under  Part  III  of  the  BBNJ 
Agreement. 

they  are  members, 

implementation  of 

to  support 

Article 19 

Public participation 

Member  States  shall  ensure  that  the  public  is  given  the  opportunity  to  participate  in  the 
preparation  of  proposals  to  establish  area-based  management  tools,  including  marine 
protected areas, under Article 15 in accordance with the requirements  of Articles 6 and 7 of 
Directive 2001/42/EC. 

Chapter 5 

Final provisions  

Article 20 

Competent authorities 

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1.  By  xx  [the  transposition  deadline  minus  four  months  –  OP  to  insert  the  date]  Member 
States shall identify the competent authorities that will perform the duties under Chapters 2 to 
5 of this Directive and notify these to the Commission.  

2.  Member  States  shall  ensure  that  competent  authorities  performing  duties  under  this 
Directive  have  a  sufficient  number  of  qualified  staff  and  sufficient  financial,  technical  and 
technological resources to perform their tasks effectively. 

Article 21  

Evaluation, reporting and review  

1. By [5 years from the date of entry into force – OP to insert the date], the Commission shall 
submit a report to the European Parliament and to the Council assessing the extent to which 
the Member States have taken the necessary measures to comply with this Directive. Member 
States shall provide the Commission with the necessary information for the preparation of that 
report. 

2. By [3 years after the deadline under para 1 – OP to insert the date], the Commission shall 
carry  out  an  evaluation  of  the  impact  of  this  Directive  [also  taking  into  account  any 
developments  under  the  BBNJ  Agreement]  and  submit  a  report  to  the  European  Parliament 
and to the Council. Member States shall provide the Commission with the information needed 
to  prepare  that report, including  a summary of implementation of this Directive and  actions 
taken,  and  statistical  data,  with  particular  attention  to  environmental  impact  assessments 
carried  out  under  Chapter  3.  Where  necessary,  that  report  shall  be  accompanied  by  a 
legislative proposal. 

Article 22 

Transposition 

1. Member States shall adopt and publish, by [6 months after entry into force – OP to insert 
the date] at the latest, the laws, regulations and administrative provisions necessary to comply 
with  this  Directive.  They  shall  forthwith  communicate  to  the  Commission  the  text  of  those 
provisions. 

They shall apply those provisions from […]. 

When Member States adopt those provisions, they shall contain a reference to this Directive 
or be accompanied by this reference on the date of their official publication. Member States 
shall decide how such reference is to be made. 

2.  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions  of 
national law that they adopt in the field covered by this Directive. 

Article 23 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

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Article 24 

Addressees 

This Directive is addressed to the Member States in accordance with the Treaties.  

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President

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LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT 

TABLE OF CONTENTS 

1. 

1.1. 

1.2. 

1.3. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................. 3 

Title of the proposal/initiative ...................................................................................... 3 

Policy area(s) concerned .............................................................................................. 3 

Objective(s) .................................................................................................................. 3 

1.3.1.  General objective(s) ..................................................................................................... 3 

1.3.2.  Specific objective(s) ..................................................................................................... 3 

1.3.3.  Expected result(s) and impact ...................................................................................... 3 

1.3.4. 

Indicators of performance ............................................................................................ 4 

1.4. 

1.5. 

The proposal/initiative relates to: ................................................................................. 4 

Grounds for the proposal/initiative .............................................................................. 4 

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 

roll-out of the implementation of the initiative ............................................................ 4 

1.5.2.  Added value of EU involvement (it may result from different factors, e.g. 

coordination gains, legal certainty, greater effectiveness or complementarities). For 
the purposes of this section 'added value of EU involvement' is the value resulting 
from EU action, that is additional to the value that would have been otherwise 
created by Member States alone. ................................................................................. 5 

1.5.3.  Lessons learned from similar experiences in the past .................................................. 6 

1.5.4.  Compatibility with the multiannual financial framework and possible synergies with 
other appropriate instruments ....................................................................................... 6 

1.5.5.  Assessment of the different available financing options, including scope for 

redeployment ................................................................................................................ 6 

1.6. 

1.7. 

2. 

2.1. 

2.2. 

2.2.1. 

2.2.2. 

Duration of the proposal/initiative and of its financial impact .................................... 8 

Method(s) of budget implementation planned ............................................................. 8 

MANAGEMENT MEASURES................................................................................... 9 

Monitoring and reporting rules .................................................................................... 9 

Management and control system(s) ............................................................................. 9 

Justification of the budget implementation method(s), the funding implementation 
mechanism(s), the payment modalities and the control strategy proposed .................. 9 

Information concerning the risks identified and the internal control system(s) set up 
to mitigate them............................................................................................................ 9 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio between 
the control costs and the value of the related funds managed), and assessment of the 
expected levels of risk of error (at payment & at closure) ........................................... 9 

2.3. 

Measures to prevent fraud and irregularities ................................................................ 9 

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3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 10 

Heading(s) of the multiannual financial framework and expenditure budget line(s) 
affected ....................................................................................................................... 10 

3.2. 

Estimated financial impact of the proposal on appropriations ................................... 11 

3.2.1.  Summary of estimated impact on operational appropriations.................................... 11 

3.2.1.1.  Appropriations from voted budget ............................................................................. 11 

3.2.2.  Estimated output funded from operational appropriations (not to be completed for 

decentralised agencies)............................................................................................... 14 

3.2.3.  Summary of estimated impact on administrative appropriations ............................... 15 

3.2.3.1. Appropriations from voted budget .............................................................................. 15 

3.2.4.  Estimated requirements of human resources.............................................................. 15 

3.2.4.1.  Financed from voted budget....................................................................................... 15 

3.2.5.  Overview of estimated impact on digital technology-related investments ................ 16 

3.2.6.  Compatibility with the current multiannual financial framework.............................. 17 

3.2.7.  Third-party contributions ........................................................................................... 17 

3.3. 

4. 

4.1. 

4.2. 

4.3. 

4.4. 

4.5. 

Estimated impact on revenue ..................................................................................... 17 

DIGITAL DIMENSIONS .......................................................................................... 18 

Requirements of digital relevance .............................................................................. 18 

Data ............................................................................................................................ 20 

Digital solutions ......................................................................................................... 23 

Interoperability assessment ........................................................................................ 24 

Measures to support digital implementation .............................................................. 25 

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1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative 

Proposal for a directive that implements the obligations under the BBNJ Agreement 
to ensure the conservation and sustainable use of marine biological diversity of areas 
beyond national jurisdiction.  

1.2. 

Policy area(s) concerned  

Environmental protection 

1.3. 

Objective(s) 

1.3.1.  General objective(s) 

The  objective  of  the  initiative  is  to  ensure  the  implementation  of  the  BBNJ 
Agreement  in  the  EU  in  a  uniform  manner  transposing  into  the  EU  legal  order  the 
obligations  arising  from  the  agreement  in  the  areas  related  to  environmental 
protection  and  marine  genetic  resources  (MGRs)  and  therefore  to  avoid  forum 
shopping in the EU, leading to faster permitting and administrative simplification. 

1.3.2. 

Specific objective(s) 

Ensure that EU researchers, notably those working in teams across the EU on MGRs 
of  areas  beyond  national  jurisdiction,  are  not  faced  with  unnecessary  legal  burden 
potentially arising from an uneven implementation of international obligations under 
the BBNJ Agreement in the EU. 

Ensure  that  the  potential  impacts  on  the  marine  environment  of  planned  activities 
under  the  jurisdiction  or  control  of  Member  States  that  take  place  in  areas  beyond 
national  jurisdiction  are  assessed  before  the  activities  are  authorised  by  the 
competent authority. 

Ensure that proposals  regarding  the  establishment  of area-based management tools, 
including  marine  protected  areas,  are  formulated  on  the  basis  of  the  best  available 
science  and  scientific  information  and,  where  available,  relevant  traditional 
knowledge  of  indigenous  peoples  and  local  communities,  taking  into  account  the 
precautionary  approach  and  an  ecosystem  approach  and  only  after  consulting 
stakeholders. 

1.3.3.  Expected result(s) and impact 

This  proposal  implementing  the  BBNJ  Agreement  in  the  EU  in  a  uniform  manner 
aims  to  ensure the conservation and sustainable use of marine biodiversity  of areas 
beyond national jurisdiction (‘BBNJ’). This is a key priority for the EU and in line 
with the objectives under the European Green Deal and the Joint Communication on 
the EU’s international ocean governance agenda. 

Implementing  the  obligations  under  the  BBNJ  Agreement  will  also  help  reach  the 
goals  and  targets  set  under  the  Kunming-Montreal  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.  It  will  also  help  achieve  the 
objectives of the EU biodiversity strategy for 2030, which aims to restore the good 
environmental status of marine ecosystems, among other things. 

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By implementing the BBNJ Agreement, this proposal will create a level playing field 
in the EU for operators performing activities in areas beyond national jurisdiction for 
which  an  environmental  impact  assessment  needs  to  be  carried  out,  and  for 
researchers and legal entities working with MGRs and digital sequence information 
of MGRs of areas beyond national jurisdiction. 

1.3.4. 

Indicators of performance 

Specify the indicators for monitoring progress and achievements. 

Transposition  into  national  legislation  by  the  EU  Member  States  of  the  obligations 
included in this proposal. 

This  proposal  identifies the obligations of the BBNJ Agreement that could  have an 
impact  on  the  EU  single  market  –  more  specifically  on  operators  performing 
activities  in  areas  beyond  national  jurisdiction  for  which  an  environmental  impact 
assessment needs to be carried out, and on scientists working with MGRs and digital 
sequence  information  –  to  ensure  a  level  playing  field.  Therefore,  the  first  way  to 
assess  performance  is  to  monitor  if  EU  Member  States  implement  the  directive 
within the time frame indicated in the directive (six months from its entry into force).  

1.4. 

The proposal/initiative relates to:  

 a new action  
 a new action following a pilot project / preparatory action22  

 the extension of an existing action  

 a merger or redirection of one or more actions towards another/a new action 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 

roll-out of the implementation of the initiative 

There  are  three  types  of  requirements,  which  correspond  to  short-,  medium-  and 
long-term objectives. 

Short-term requirements: 

At  the  latest  four  months  before  the  transposition  deadline,  Member  States  must 
identify  competent  authorities  performing  duties  under  Chapters  2  to  5  of  the 
directive  and  notify  these  to  the  Commission.  Member  States  must  ensure  that 
competent authorities performing duties under the directive have a sufficient number 
of  qualified  staff  and  sufficient  financial,  technical  and  technological  resources  to 
perform their tasks effectively. 

Member States must adopt  and publish, at  the latest  six  months after the entry into 
force of the directive, the laws, regulations and administrative provisions necessary 
to comply with the directive. They must forthwith communicate to the Commission 
the  text  of  those  provisions.  Member  States  must  communicate  to  the  Commission 
the text of the main provisions of national law which they adopt in the field covered 
by the directive. 

Medium-term requirements: 

22 

As referred to in Article 58(2), point (a) or (b) of the Financial Regulation. 

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Member States must provide the Commission with the necessary information for the 
preparation of a report to the European Parliament and to the Council assessing the 
extent  to  which  the  Member  States  have  taken  the  necessary  measures  to  comply 
with the directive. 

Member States must provide the Commission with the necessary information for the 
preparation of a report to the European Parliament and to the Council evaluating the 
impact of the directive, including a summary of the implementation of the directive 
and  actions 
to 
environmental impact assessments carried out under Chapter 3. 

taken,  and  statistical  data,  with  particular  attention  given 

Long-term requirements: 

At  the  latest  five  years  after  the  entry  into  force  of  the  directive,  the  Commission 
must  submit  a  report  to  the  European  Parliament  and  to  the  Council  assessing  the 
extent  to  which  the  Member  States  have  taken  the  necessary  measures  to  comply 
with the directive. 

At  the  latest  eight  years  after  the  entry  into  force  of  the  directive,  the  Commission 
must carry out an evaluation of the impact of the directive [also taking into account 
any developments under the BBNJ Agreement] and submit a report to the European 
Parliament and to the Council. Where necessary, that report must be accompanied by 
a legislative proposal. 

1.5.2.  Added  value  of  EU  involvement  (it  may  result  from  different  factors,  e.g. 
coordination gains, legal certainty, greater effectiveness or complementarities). For 
the  purposes  of  this  section  'added  value  of  EU  involvement'  is  the  value  resulting 
from  EU  action,  that  is  additional  to  the  value  that  would  have  been  otherwise 
created by Member States alone. 

Reasons for action at EU level (ex-ante)  

The  BBNJ  Agreement  provides  for  an  obligation  to  screen  and  assess  impacts  of 
planned  activities  in  the  areas  beyond  national  jurisdiction.  In  addition,  it  provides 
for  a  framework  to  govern  activities  related  to  MGRs  and  arrangements  for 
information  sharing  and  benefit  sharing  of  MGR  utilisation.  A  harmonised  EU 
approach is  central  to  creating a level  playing field  between stakeholders operating 
from  the  EU.  The  aim  of  the  directive  is  to  set  out  a  framework  for  uniform 
implementation of the BBNJ Agreement in the EU and to avoid forum shopping in 
the EU, leading to faster permitting and administrative simplification. 

Expected EU added value created (ex post): 

ensuring  that  EU  researchers,  notably  those  working  in  teams  across  the  EU  on 
MGRs  of  areas  beyond  national  jurisdiction,  are  not  faced  with  unnecessary  legal 
burden  potentially  arising  from  an  uneven 
international 
obligations under the BBNJ Agreement; 

implementation  of 

ensuring  consistency  between  the  implementation  of  the  Nagoya  Protocol  to  the 
Convention  on  Biological  Diversity  and  the  provisions  of  the  BBNJ  Agreement 
related to MGRs; 

ensuring  coherence  between  obligations  governing  environmental 
impact 
assessments  for  activities  carried  out  in  EU  waters,  under  the  EIA  Directive  and 
other relevant EU law and under the BBNJ Agreement; and 

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ensuring  coherence  of  the  BBNJ  implementing  agreement  with  EU  environmental 
law  

1.5.3.  Lessons learned from similar experiences in the past 

Not applicable 

1.5.4.  Compatibility with the multiannual financial framework and possible synergies with 

other appropriate instruments 

The proposed directive on the conservation and sustainable use of marine biological 
diversity of areas beyond national jurisdiction is consistent with the European Green 
Deal  Communication,  which,  under  the  goal  ‘Preserving  and  restoring  ecosystems 
and biodiversity’, clearly states:  ‘A sustainable “blue economy’ will have to  play a 
central  role  in  alleviating  the  multiple  demands  on  the  EU’s  land  resources  and 
tackling climate change.’ It is also consistent with the biodiversity strategy for 2030, 
which  aims  to  restore  the  good  environmental  status  of  marine  ecosystems,  among 
other things. 

Moreover, under the Political Guidelines for the next European Commission (2024-
2029), ocean sustainability is a cornerstone of the priority ‘Sustaining our quality of 
life: food security, water and nature’. This proposed directive will also be part of the 
European  Ocean  Pact,  which  will  focus  on  ensuring  the  good  governance  and 
sustainability of the ocean, among other things. 

The  objectives  of  this  proposal  are  supported  by  the  multiannual  financial 
framework,  which  places  significant  emphasis  on  funding  activities  to  protect  the 
environment. 

1.5.5.  Assessment  of  the  different  available  financing  options,  including  scope  for 

redeployment 

This  proposal  is  limited  to  the  strict  transposition  of  obligations  under  the  BBNJ 
Agreement  concerning  environmental  impact  assessment,  MGRs  and  certain 
elements of the marine protected areas obligations that mirror existing obligations for 
the Member States under either EU or other international legislation. 

In  particular,  Member  States  already  have  an  established  framework  governing 
environmental  impact  assessments  deriving  from  their  obligations  under  the  EIA 
Directive,  the  Espoo  Convention  and  the  Aarhus  Convention.  Therefore,  the 
administrative impact and costs are estimated to be negligeable to moderate, as most 
of the necessary structures and rules are in place. 

Member  States  will  face  costs  limited  to  the  cost  of  adopting  legal,  policy  or 
administrative  measures  implementing  the  new  obligations  on  MGRs  to  ensure 
compliance  with  the  obligations  to  notify  information  on  MGRs  to  the  BBNJ 
Clearing  House  and  to  request  users  to  deposit  samples  and  digital  sequence 
information  in  publicly  available  databases  and  repositories.  This  cost  will  largely 
depend on what type of measures Member States will take, and it is difficult to put a 
figure  on  this  at  this  stage.  In  terms  of  human  resources,  Member  States  have 
established national competent authorities for access and benefit sharing (ABS) who 
may also cover the tasks necessary to enforce the measures related to MGRs. If the 
final draft of the directive envisages additional monitoring tasks, additional resources 
may be needed in Member States (e.g. to train the staff of competent authorities, or 
to  hire  more  staff).  On  the  digital  dimension,  Member  States  may  face  other 
administrative costs if they choose to set up IT tools specifically designed to transfer 

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information  to  the  Clearing  House.  Alterantively,  the  possibility  to  use  an  existing 
EU IT platform could be explored. 

The costs for the Commission to implement the MGR obligations under this proposal 
are described below. 

If  the  directive  does  not  set  up  any  technical  groups  or  committees,  meetings  with 
Member State competent authorities and experts, information collection and all other 
work necessary to monitor progress in implementing the directive could take place as 
part  of  the  work  done  for  the  EU  ABS  expert  group  set  up  under  the  EU  ABS 
Regulation. In terms of human resources, monitoring could be carried out by current 
staff already working on either ABS or BBNJ. 

On  the  digital  dimension:  If  the  BBNJ  clearing  house  does  not  support  the  full 
exchange  of  data  between  stakeholders  as  put  forward  in  national  laws,  Member 
States may need a local system or the EC may need to develop or extend an existing 
IT  platform  or  reporting  tool:  some  costs  may  be  faced  by  the  Commission  to 
implement  the  necessary  adjustements  for  such  a  platfom  (or  tool)  to  fit  for  the 
purpose of this directive. At this stage, costs cannot be assessed. Further assessment 
with the IT experts will be carried out when more details about the BBNJ Clearing 
House and reporting obligations will be provided and if Member States will express 
interest for a common platform or tool.  

The  implementation  of  the  proposal  will  be  followed  up  by  two  Commission 
depatments:  the  Directorate-General  for  Environment  and  the  Directorate-General 
for Maritime Affairs and Fisheries.  

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1.6. 

Duration of the proposal/initiative and of its financial impact 

 limited duration  

–    in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–    financial  impact  from  YYYY  to  YYYY  for  commitment  appropriations  and 

from YYYY to YYYY for payment appropriations.  

 unlimited duration 

–  Implementation with a start-up period from 2025 

–  followed by full-scale operation. 

1.7.  Method(s) of budget implementation planned23  

 Direct management by the Commission 

–   by its departments, including by its staff in the Union delegations;  

–    by the executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

–   third countries or the bodies they have designated 

–   international organisations and their agencies (to be specified) 

–   the European Investment Bank and the European Investment Fund 

–   bodies referred to in Articles 70 and 71 of the Financial Regulation 

–   public law bodies 

–   bodies governed by private law with a public service mission to the extent that 

they are provided with adequate financial guarantees 

–   bodies governed by the private law of a Member State that are entrusted with 
the  implementation  of  a  public-private  partnership  and  that  are  provided  with 
adequate financial guarantees 

–   bodies or persons entrusted with the implementation of specific actions in the 
common  foreign  and  security  policy  pursuant  to  Title  V  of  the  Treaty  on 
European Union, and identified in the relevant basic act 

–   bodies  established  in  a  Member  State,  governed  by  the  private  law  of  a 
Member  State  or  Union  law  and  eligible  to  be  entrusted,  in  accordance  with 
sector-specific  rules,  with  the  implementation  of  Union  funds  or  budgetary 
guarantees,  to  the extent that such bodies are controlled by public law bodies or 
by bodies governed by private law with a public service mission, and are provided 
with adequate financial guarantees in the form of joint and several liability by the 
controlling bodies or equivalent financial guarantees and which may be, for each 
action, limited to the maximum amount of the Union support. 

23 

Details of budget implementation methods and references to the Financial Regulation may be found on 
the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-
implementation/Pages/implementation-methods.aspx. 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

At  the  latest  five  years  after  the  entry  into  force  of  the  directive,  the  Commission 
must  submit  a  report  to  the  European  Parliament  and  to  the  Council  assessing  the 
extent  to  which  the  Member  States  have  taken  the  necessary  measures  to  comply 
with the directive. 

At  the  latest  eight  years  after  the  entry  into  force  of  the  directive,  the  Commission 
must carry out an evaluation of the impact of the directive [also taking into account 
any developments under the BBNJ Agreement] and submit a report to the European 
Parliament and to the Council. Where necessary, that report must be accompanied by 
a legislative proposal. 

2.2.  Management and control system(s)  

2.2.1. 

Justification  of  the  budget  implementation  method(s),  the  funding  implementation 
mechanism(s), the payment modalities and the control strategy proposed 

Not applicable  

2.2.2. 

Information concerning the risks identified and the internal control system(s) set up 
to mitigate them 

No specific risks have been identified at this stage. 

2.2.3.  Estimation  and  justification  of  the  cost-effectiveness  of  the  controls  (ratio  between 
the control costs and the value of the related funds managed), and assessment of the 
expected levels of risk of error (at payment & at closure)  

Not applicable 

2.3.  Measures to prevent fraud and irregularities  

Not applicable 

EN 

9 

  EN 

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

•  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Contribution  

Heading of 
multiannual 
financial 
framework 

Number  

7 

European Public Administration  

•  New budget lines requested  

Diff./Non-
diff.24 

from 
EFTA 
countries
25 

from 
candidate 
countries 
and 
potential 
candidates
26 

From 
other 
third 
countries 

other assigned 
revenue 

Diff 

Diff 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Heading of 
multiannual 
financial 
framework 

Number  

Diff./Non-
diff. 

from 
EFTA 
countries 

Contribution  

from 
candidate 
countries 
and 
potential 
candidates 

from 
other 
third 
countries 

other assigned 
revenue  

24 
25 
26 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidates from the Western Balkans. 

EN 

10 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
3.2. 

Estimated financial impact of the proposal on appropriations  

3.2.1. 

Summary of estimated impact on operational appropriations  

–  ✓The proposal/initiative does not require the use of operational appropriations  

–    The proposal/initiative requires the use of operational appropriations, as explained below 

3.2.1.1.  Appropriations from voted budget 

Heading of multiannual financial framework  

Number 

EUR million (to three decimal places) 

DG: <…….> 

Year 

2024 

Year 

2025 

Year 

2026 

Year 

2027 

TOTAL MFF 
2021-2027 

Operational appropriations  

Budget line 

Budget line 

Commitments 

Payments 

Commitments 

Payments 

(1a) 

(2a) 

(1b) 

(2b) 

Appropriations of an administrative nature financed from the envelope of specific programmes27 
Budget line 

(3) 

TOTAL appropriations 
for DG <…….> 

Commitments 

Payments 

=1a+1b+3 

=2a+2b+3 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

================================================================================================ 

Mandatory table 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

27 

Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research. 

Year 

2024 

Year 

2025 

Year 

2026 

Year 

2027 

TOTAL MFF 
2021-2027 

EN 

11 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TOTAL 

operational 

appropriations  

Commitments 

Payments 

TOTAL  appropriations  of  an  administrative  nature  financed 
from the envelope for specific programmes  

TOTAL appropriations under 
HEADING <….> 

Commitments 

of the multiannual financial framework 

Payments 

(4) 

(5) 

(6) 

=4+6 

=5+6 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

==================================================================================================== 

•  TOTAL  operational  appropriations 
operational headings) 

(all 

Commitments 

Payments 

•  TOTAL  appropriations  of  an  administrative  nature  financed 
from  the  envelope  for  specific  programmes  (all  operational 
headings) 

TOTAL appropriations Under Heading 1 
to 6 

Commitments 

of the multiannual financial framework 
(Reference amount) 

Payments 

(4) 

(5) 

(6) 

=4+6 

=5+6 

Year 

2024 

Year 

2025 

Year 

2026 

Year 

2027 

TOTAL MFF 
2021-2027 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

Heading of multiannual financial framework  

7 

‘Administrative expenditure’28 

28 

The necessary appropriations should be determined using the annual average cost figures available on the appropriate BUDGpedia webpage. 

EN 

12 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Human resources  
 Other administrative expenditure  
TOTAL DG MARE 

DG: MARE 

Appropriations  

DG: ENV 

 Human resources  
 Other administrative expenditure  

TOTAL DG ENV 

Appropriations  

Year 

2024 

Year 

2025 

Year 

2026 

Year 

2027 

0.000 

0.000 

0.000 

0.188 

0.000 

0.188 

0.188 

0.000 

0.188 

0.188 

0.000 

0.188 

Year 

2024 

Year 

2025 

Year 

2026 

Year 

2027 

0.000 

0.000 

0.000 

0.188 

0.000 

0.188 

0.188 

0.000 

0.188 

0.188 

0.000 

0.188 

TOTAL 
MFF 2021-
2027 

0.564 

0.000 

0.564 

TOTAL 
MFF 2021-
2027 

0.564 

0.000 

0.564 

TOTAL appropriations under HEADING 7 of the multiannual financial 
framework  

(Total 
commitments 
= Total 
payments) 

0.000 

0.376 

0.376 

0.376 

1.128 

EUR million (to three decimal places) 

Year 

2024 

Year 

2025 

Year 

2026 

Year 

2027 

TOTAL MFF 
2021-2027 

TOTAL appropriations under HEADINGS 1 to 7 

Commitments 

0.000 

0.376 

0. 376 

0.376 

of the multiannual financial framework  

Payments 

0.000 

0.376 

0.376 

0.376 

1.128 

1.128 

================================================================================================= 

EN 

13 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated output funded from operational appropriations (not to be completed for decentralised agencies) 

Year  
2024 

Year  
2025 

Year  
2026 

Year  
2027 

OUTPUTS 

Commitment appropriations in EUR million (to three decimal places) 

Enter as many years as necessary to show the 
duration of the impact (see Section1.6) 

TOTAL 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost  N

o

Cost 

o
N

Cost 

Total 
No 

Total 
cost 

Indicate 
objectives and 
outputs  

 

Type29 

Avera
ge 
cost 

SPECIFIC OBJECTIVE No 130… 

- Output 

- Output 

- Output 

Subtotal for specific objective No 1 

SPECIFIC OBJECTIVE No 2 ... 

- Output 

Subtotal for specific objective No 2 

TOTALS 

29 
30 

Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.3.2. ‘Specific objective(s)’  

EN 

14 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.3. 

Summary of estimated impact on administrative appropriations  

–    The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

–  ✓  The proposal/initiative requires the use of appropriations of an administrative 

nature, as explained below 

3.2.3.1. Appropriations from voted budget 

VOTED APPROPRIATIONS 

Year 

2024 

Year 

2025 

Year 

2026 

Year 

2027 

TOTAL 2021 - 
2027 

HEADING 7 

Human resources  

Other administrative expenditure  

Subtotal HEADING 7 

Outside HEADING 7 

Human resources  

Other expenditure of an administrative nature 

Subtotal outside HEADING 7 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.376 

0.376 

0.376 

1.128 

0.376 

0.376 

0.376 

1.128 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

TOTAL 

0.000 

0.376 

0.376 

0.376 

1.128 

=================================================================== 

3.2.4.  Estimated requirements of human resources  

–    The proposal/initiative does not require the use of human resources  

–  ✓  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below 

3.2.4.1.  Financed from voted budget 

VOTED APPROPRIATIONS 

Estimate to be expressed in full-time equivalent units (FTEs)31 

Year 

2024 

Year 

2025 

Year 

2026 

Year 

2027 

 Establishment plan posts (officials and temporary staff) 

20 01 02 01 (Headquarters and Commission’s Representation Offices) 

20 01 02 03 (EU Delegations) 

01 01 01 01 (Indirect research) 

01 01 01 11 (Direct research) 

Other budget lines (specify) 

• External staff (inFTEs) 

20 02 01 (AC, END from the ‘global envelope’) 

20 02 03 (AC, AL, END and JPD in the EU Delegations) 

Admin. Support 
line 
[XX.01.YY.YY] 

- at Headquarters 

- in EU Delegations  

0 

0 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

0 

0 

0 

0 

0 

0 

31 

Please specify below the table how many FTEs within the number indicated are already assigned to the 
management of the action and/or can be redeployed within your DG and what are your net needs. 

EN 

15 

  EN 

 
 
 
 
 
 
 
01 01 01 02 (AC, END - Indirect research) 

01 01 01 12 (AC, END - Direct research) 

Other budget lines (specify) - Heading 7 

Other budget lines (specify) - Outside Heading 7 

TOTAL 

0 

0 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

0 

0 

2 

0 

0 

0 

0 

2 

=================================================================== 

Considering the overall strained situation in Heading 7, in terms of both staffing and 
the level of appropriations, the human resources required will be met by staff from 
the DG who are already assigned to the management of the action and/or have been 
redeployed within the DG or other Commission services. 

The staff required to implement the proposal (in FTEs):  

To be covered by 
current staff 
available in the 
Commission 
services  

Exceptional additional staff 

To be financed 
under Heading 7 
or Research 

To be financed 
from BA line 

To be financed 
from fees 

2 

N/A 

Establishment 
plan posts 

External 
staff 
(CA, SNEs, INT) 

Description of tasks to be carried out by: 

Officials and temporary staff 

The  officials  and  temporary  staff  will  follow  the  implementation  of  the  Directive  so 
they will coordinate with the EU MS competent authority.  

External staff 

3.2.5.  Overview of estimated impact on digital technology-related investments 

Compulsory: the best estimate of the digital technology-related investments entailed 
by the proposal/initiative should be included in the table below.  

Exceptionally,  when  required  for  the  implementation  of  the  proposal/initiative,  the 
appropriations under Heading 7 should be presented in the designated line.  

The appropriations under Headings 1-6 should be reflected as “Policy IT expenditure 
on operational programmes”. This expenditure refers to the operational budget to be 
used to re-use/ buy/ develop IT platforms/ tools directly linked to the implementation 
of the initiative and their associated investments (e.g. licences, studies, data storage 
etc).  The  information  provided  in  this  table  should  be  consistent  with  details 
presented under Section 4 “Digital dimensions”. 

EN 

16 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
TOTAL Digital and IT appropriations 

Year 

Year 

Year 

Year 

2024 

2025 

2026 

2027 

TOTAL 
MFF 
2021 - 
2027 

HEADING 7 

IT expenditure (corporate)  

Subtotal HEADING 7 

Outside HEADING 7 

Policy IT expenditure on operational 
programmes 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

Subtotal outside HEADING 7 

0.000 

0.000 

0.000 

0.000 

0.000 

TOTAL 

0.000 

0.000 

0.000 

0.000 

0.000 

3.2.6.  Compatibility with the current multiannual financial framework  

The proposal/initiative: 

–    can be fully financed through redeployment within the relevant heading of the 

multiannual financial framework (MFF) 

–    requires use of the unallocated margin under the relevant heading of the MFF 

and/or use of the special instruments as defined in the MFF Regulation 

–    requires a revision of the MFF 

3.2.7.  Third-party contributions  

The proposal/initiative: 

–    does not provide for co-financing by third parties 

–    provides for the co-financing by third parties estimated below: 

Appropriations in EUR million (to three decimal places) 

Year  
2024 

Year  
2025 

Year  
2026 

Year  
2027 

Total 

Specify the co-financing body  

TOTAL appropriations co-
financed  

3.3. 

Estimated impact on revenue  

–    The proposal/initiative has no financial impact on revenue. 

–    The proposal/initiative has the following financial impact: 

–   on own resources  

–   on other revenue 

–   please indicate, if the revenue is assigned to expenditure lines 

EUR million (to three decimal places) 

EN 

17 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Budget revenue line: 

Article …………. 

Appropriations 
available for the 
current financial 
year 

Impact of the proposal/initiative32 

Year 2024 

Year 2025  Year 2026 

Year 2027 

4. 

DIGITAL DIMENSIONS 

4.1. 

Requirements of digital relevance 

Reference to the 
requirement 

Requirement description 

Actor affected 
or concerned 
by the 
requirement 

High-
level 
Processe
s 

Category 

Article 5 

in 

and 

states 

States 

Member 
shall 
ensure  that  collection  in 
situ  of  marine  genetic 
resources 
is  carried  out 
with  due  regard  for  the 
rights 
legitimate 
interests of coastal states in 
areas  within  their  national 
jurisdiction  and  with  due 
regard  for  the  interests  of 
areas 
other 
beyond 
national 
jurisdiction,  in  accordance 
with  the  United  Nations 
Convention  on  the  Law  of 
the  Sea.  For  this  purpose, 
Member 
shall 
cooperate,  as  appropriate, 
including  using  the  BBNJ 
Clearing-House 
Mechanism,  in  order  to 
implement  the  provisions 
of  this  Chapter.  Member 
States  shall  cooperate,  as 
including 
appropriate, 
using  the  BBNJ  Clearing-
in 
House  Mechanism, 
order 
the 
implement 
provisions of this Chapter. 

States 

to 

Member states 

Data 
collection 

Data; 
Digital 
solution 

32 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 20% for collection costs. 

EN 

18 

  EN 

 
 
 
 
 
 
 
 
Article 6 

Article 7 

In  scope  of  the 
BBNJ  Clearing-
House 
Mechanism 

Article 8 

The obligation to  notify  to 
the  BBNJ  Clearing  House 
certain 
Mechanism 
information/data. 
EU 
Member  States  will  have 
to  identify  who  has  to  do 
this 
notification:  most 
likely  the  chief  scientists 
the 
responsible 
research project. 

for 

of  ABNJ 

Obligation  for  legal  and 
natural  persons  utilising 
to 
MGR 
the 
communicate 
the 
competent  authority 
confirmations  of  deposits 
of samples and data.  

to 

Competent 
authorities  of 
Member States 

BBNJ  Clear-
house 
mechanism 

Member states 

and 
Legal 
natural persons 

Competent 
authorities  of 
Member States 

Member States 

Notificati
on 

Data; 
Digital 
Solutions; 
Digital 
Public 
Service 

Notificati
on 

Data; 
Digital 
solutions 

has 

For  activities for which  an 
impact 
environmental 
been 
assessment 
carried  out  in  accordance 
with  the  requirements  of 
other 
legal 
relevant 
instruments  or frameworks 
or  by 
relevant  global, 
regional,  subregional  or 
sectoral  bodies,  obligation 
for  Member  States 
to 
publish  an  environmental 
impact  assessment  report 
through  the  BBNJ  Clear-
House  Mechanism 
and 
make  relevant  information 
available 

General public 

Member States 

Publicati
on,  data 
managem
ent 

Data; 
Digital 
solution; 
Digital 
Public 
Service 

Article 9 

Obligation  to  publish  the 
screening decision 

Competent 
authority 
General public 

Publicati
on 

Data; 
Digital 
solution; 
Digital 
Public 
Service 

Article 10 

Environmental 

impact  Competent 

Data 

Data 

EN 

19 

  EN 

 
 
 
 
 
assessment:  scoping  and 
report 

authority 

collection 

Member States 

Member States 

General public 

Publicati
on 

Data 

Member States 

General public 

Publicati
on 

Data 

Member states 

General public 

Publicati
on  

Data 

activities 

Obligation  to  inform  and 
consult  general  public  on 
and 
planned 
environment 
impact 
assessment 
Obligation  to  inform  the 
general public on decisions 
to authorise or not planned 
activities 

to 

Obligation to inform about 
significant  and  harmful 
changes 
the  marine 
environment  triggered  by 
the  authorised  activities 
and  that  were  not  foreseen 
during  the  environmental 
impact assessment 

Reference to the 
requirement(s) 

Standard and/or specification 
(if applicable) 

Article 11 

Article 12 

Article 13 

4.2. 

Data 

Type of data  

Information on research 
projects 

Article 6.1; Article 
6.2, Article 6.3, 
Article 6.4 

marine genetic resource and 
digital sequence information 

Article 6.6, Article 
6.5 

Information on the utilisation of 
marine genetic resources 

Article 6.7 

Confirmation that samples and 
data have been deposited 

Article 7 

Environmental impact 
assessment report, planned 
activities and decisions 

Article 8, Article 9, 
Article 10, Article 11 

Result of consultations 

Article 12 

Environmental damage caused 
by authorised activities 

Article 13 

EN 

20 

  EN 

 
 
 
 
 
 
 
 
 
 
Alignment with the European Data Strategy 

Explain how the requirement(s) are aligned with the European Data Strategy 

The  proposal  sets  the  obligation  to  publish  relevant  information  as  open  data  under  the 
frame  of  Directive  (EU)  2019/1024  of  the  European  Parliament  and  of  the  Council  that 
promotes  the  use  of  open  data  from  public  sector  bodies  and  public  undertakings. 
Confidential information is collected under clauses of confidentiality including intellectual 
property rights.  

Alignment with the once-only principle 

Explain how the once-only principle has been considered how the possibility to reuse existing 
data explored 

Article 6 (1) requires that information collected under this article is coordinated with other 
notification systems provided under other Union legislation 

Explain  how  newly  created  data  is  findable,  accessible,  interoperable  and  reusable,  and 
meets high-quality standards 

As the proposal relies on the BBJN Mechanism, we assume that this will be secured by the 
said mechanism. 

Data flows 

Type of data 

Referenc
e(s) to 
the 
requirem
ent(s) 

Actor 
who 
provides 
the data 

Actor 
who 
receives 
the data 

Trigger for 
the data 
exchange 

Frequency 
(if 
applicable) 

BBJN 
Clearing 
House 
mechanis
m 

Information on research 
projects including : 

Article 6  Member 

States 

•  BBNJ 

standardised 
batch identifier ,  

•  Marine genetic 
resource and 
digital sequence 
information  
•  and information 
on their further 
utilisation 

Deposit of BBNJ 
standardised batch 
identifier ,  

Article 7 
(1) 

natural or 
legal 
persons 

General 
public 

Marine genetic resource 

six months 
or as early 
as possible 
prior to the 
collection 
in situ of 
marine 
genetic 
resources of 
areas 
beyond 
national 
jurisdiction: 

no later 
than three 
years from 
the start of 
such 

EN 

21 

  EN 

 
 
 
 
 
 
and digital sequence 
information 

Confirmation that 
samples and data have 
been deposited 

Article 7 
(2) 

natural or 
legal 
persons  

competen
t authority 

utilisation, 
or as soon 
as they 
become 
available. 

no later 
than three 
years from 
the start of 
such 
utilisation, 
or as soon 
as they 
become 
available 

Sharing of information of 
the deposited BBNJ 
standardised batch 
identifier, and 
confirmation of the 
deposited resource 

Marine genetic resource 

Environmental impact 
assessment report 
 including : 

•  Screening 

decision when 
relevant 

•  Environmental 

impact 
assessment 

Article 
7(3) 

Member 
States 

Member 
States 

Article 8, 
Article 9, 

Member 
States 

General 
public 

Not 
specified 

Article 
10, 

Article 
11, 

Consultations Results  

Article 11 

Member 
States 

Affected 
parties 

Consultatio
ns shall not 
be shorter 
than 30 
days but 
shall not be 
longer than 
85 days. 

Decisions 

Article 12 

Member 
States 

General 
public 

Not 
specified 

EN 

22 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Environmental damage 
caused by authorised 
activities 

Article 13  Member 

States 

General 
public 

not less 
frequent 
than every 
three years 

4.3. 

Digital solutions 

For  each  digital  solution,  please  provide  the  reference  to  the  requirement(s)  of  digital 
relevance  concerning  it,  a  description  of  the  digital  solution's  mandated  functionality,  the 
body  that  will  be  responsible  for  it,  and  other  relevant  aspects  such  as  reusability  and 
accessibility.  Finally,  explain  whether  the  digital  solution  intends  to  make  use  of  AI 
technologies. 

Use of 
AI 
techno
logies 
(if 
applic
able) 

N/A 

Main mandated 
functionalities 

Responsible 
body 

How is 
accessibil
ity 
catered 
for? 

How is 
reusability 
considered? 

Prepare and 
submit 
information.  

Control 
submissions. 

List 
submissions. 

Prepare and 
submit 
information 

UN 

N/A 

N/A 

MS and/or 
Commission 

Existing 
infrastruc
ture 

to be further 
explored 
and 
assessed 

Digital 
solution 

Referen
ce(s) to 
the 
require
ment(s) 

BBNJ 
Clearing 
house 

Article 
6, 
Article 
7 

Article 
6, 
Article 
7 

Digital 
platform 
if 
EU/natio
nal 
addition
al data 
elements 
are 
needed  

For each digital solution, explain how the digital solution complies with the requirements and 
obligations  of  the  EU  cybersecurity  framework,  and  other  applicable  digital  policies  and 
legislative enactments (such as eIDAS, Single Digital Gateway, etc.). 

Digital solution #2 

Digital and/or sectorial policy 
(when these are applicable) 

Explanation on how it aligns 

EN 

23 

  EN 

 
 
 
 
 
AI Act 

Not relevant 

EU Cybersecurity framework 

Reuses existing infrastructures 

eIDAS 

Reuses existing infrastructures 

Single Digital Gateway and IMI 

Not relevant 

Others 

4.4. 

Interoperability assessment 

Describe the digital public service(s) affected by the requirements 

Other interoperability 
solution(s) 

Reference(s) 
to the 
requirement
(s) 

Interoperable 
Europe 
Solution(s)  

(NOT 
APPLICABL
E) 

all 

// 

To be further explored 

Description 

Provide relevant 
authorisations in 
respect with the 
principle of non 
environmental harm 

Digital 
public 
service or 
category of 
digital 
public 
services 

Monitoring 
of research 
projects in 
the domain 
of marine 
biology and 
planned 
activity and 
disseminatio
n of related 
information 

Assess the impact of the requirement(s) on cross-border interoperability 

Monitoring of research projects in the domain of marine biology and dissemination of related 
information 

Assessment 

Measures 

Potential remaining barriers 

Assess the alignment 
with existing digital 
and sectorial policies  

Please list the 
applicable digital and 
sectorial policies 
identified 

-  The proposal is aligned 
with Directive (EU) 
2019/1024 of the 
European Parliament 
and of the Council that 
promotes the use of 
open data from public 

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sector bodies and public 
undertaking 

-  Article 6 sets measures 
around data governance 

-  Article 19 requires 

Member states to ensure 
that the environmental 
impact assessment reports 
are of sufficient quality 

-  Criteria to ensure that these reports 

are of sufficient quality should be 
harmonised and agreed among 
Member States, if the BBNJ 
clearing house doesn't provide 
suitable templates. 

Implementation measures will have to 
consider harmonisation of data 
managed by the national authorities 
and the bodies set in accordance with 
the interinstitutional arrangements, on 
top of the existing international 
agreement guidelines. 

Implementation measures will have to 
consider technical interoperability of 
systems managed by the national 
authorities and the bodies set in 
accordance with the interinstitutional 
arrangements. 

Assess the 
organisational 
measures for a smooth 
cross-border digital 
public services delivery 

Please list the 
governance measures 
foreseen 

Assess the measures 
taken to ensure a 
shared understanding 
of the data 

Please list such 
measures 

Assess the use of 
commonly agreed open 
technical specifications 
and standards 

Please list such 
measures 

4.5.  Measures to support digital implementation 

As the digital aspects  of the proposed directive  build on an existing  IT  platform or an  IT 
platform that is being designed, no measures are envisaged, apart from raising awareness of 
the possibility to use these IT platforms. 

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