Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Preparatory Commission and the first Conference of the Parties 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
Date: 2025-11-21
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: UN convention, agreement (EU), biodiversity, exploitation of resources, law of the sea, multilateral agreement, resources of the sea, rules of procedure

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   EUROPEAN COMMISSION  Brussels, 21.11.2025  COM(2025) 719 final 2025/0373 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Preparatory Commission and the first Conference of the Parties 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  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
in the final meeting of the Preparatory Commission and the first meeting of the Conference of 
Parties 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  in  connection  with  the  envisaged  adoption  of  the  rules  of  procedure  of  the 
Conference of Parties, the financial rules governing the funding of the Conference of Parties, 
the  funding  of  the  secretariat  and  any  subsidiary  bodies,  and  the  operationalisation  of  the 
Agreement’s financial mechanism. 

2. 

2.1. 

CONTEXT OF THE PROPOSAL 

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  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’)  aims  to  better  protect  and  manage  marine  biological 
diversity  of  areas  beyond  national  jurisdiction.  Such  areas  cover  nearly  two-thirds  of  the 
world’s ocean and about 95% of its volume and comprise the high seas and the international 
seabed  area.  The  BBNJ  Agreement  covers  in  particular  issues  relating  to  marine  genetic 
resources,  including  questions  on  the  sharing  of  benefits,  measures  such  as  area-based 
management tools, including marine protected areas, environmental impact assessments, and 
capacity-building and the transfer of marine technology. The BBNJ Agreement will enter into 
force on 17 January 2026. The European Union is a party to the BBNJ Agreement.  

The  Commission  conducted  negotiations  from  2016  to  2023  with  a  view  to  concluding  the 
BBNJ Agreement on the basis of the relevant Council Decisions1. The final text of the BBNJ 
Agreement was adopted by the BBNJ Intergovernmental Conference2 on 19 June 2023. The 
EU signed the BBNJ Agreement on 20 September 20233 and ratified it on 28 May 20254. 

2.2. 

The Conference of Parties to the BBNJ Agreement 

The  Conference  of  the  Parties  to  the  BBNJ  Agreement  (‘the  Conference  of  Parties’)  is 
established  by  Article  47(1)  of  the  BBNJ  Agreement.  Article  47(2)  provides  that  the  first 
meeting of the  Conference of  the Parties shall be convened by the Secretary-General  of the 
UN no later than one year after the entry into force of the Agreement, i.e. by 17 January 2027.  

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Adopted by the Council on 22 March 2016 (OJ L 79, 30.3.2016, pp. 32) and on 19 March 2018. 
Intergovernmental Conference on an international legally binding instrument under the United Nations 
Convention  on  the  Law  of  the  Sea  on  the  conservation  and  sustainable  use  of  marine  biological 
diversity of areas beyond national jurisdiction. 
Council  Decision  (EU)  2023/1974  of  18  September  2023  on  the  signing,  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 235, 25.9.2023, pp. 1. 
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.  

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According  to  the  BBNJ  Agreement,  the  Conference  of  Parties  may  be  called  upon  to  adopt 
acts having legal effects. 

Pursuant  to  Article  47(4)  of  the  BBNJ  Agreement,  at  its  first  meeting,  the  Conference  of 
Parties shall adopt, by consensus, rules of procedure for itself (‘the rules of procedure’) and 
the financial rules governing its funding and the funding of the secretariat and any subsidiary 
bodies (‘the financial rules’). 

2.3. 

The  Preparatory Commission for the  entry into force 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 

The  Preparatory  Commission  for  the  entry  into  force  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  (‘the  Preparatory 
Commission’) was established by the UN General Assembly5 to prepare for the convening of 
the  first  meeting  of  the  Conference  of  the  Parties.  At  its  final  meeting,  the  Preparatory 
Commission will take decisions on any recommendations to the Conference of the Parties. 

The  Preparatory  Commission  is  open  to  all  States  Members  of  the  UN,  members  of  the 
specialised agencies and parties to the UN Convention on the Law of the Sea (‘UNCLOS’). 
After 20 September 2025, the taking of decisions by the Preparatory Commission shall only 
be by States and regional economic integration organisations that have signed the Agreement 
or  have  ratified,  approved,  accepted  or  acceded  to  the  Agreement.  The  Preparatory 
Commission  shall  exhaust  every  effort  in  good  faith  to  reach  agreement  on  substantive 
matters by consensus6.  It  will cease to  exist at  the  conclusion  of the first  Conference of  the 
Parties. 
The EU is a party to UNCLOS7 and has ratified the BBNJ Agreement. Therefore, the EU is a 
party participating in the Preparatory Commission. 

The  next  meeting  of  the  Preparatory  Commission  is  scheduled  from  23  March  to  3  April 
2026.  

2.4. 

The  envisaged  acts  of  the  Preparatory  Commission  and  the  Conference  of 
Parties 

During  its  final  meeting,  the  Preparatory  Commission  is  to  adopt  a  recommendation  to  the 
Conference  of  Parties  to  the  BBNJ  Agreement  on  the  rules  of  procedure,  on  the  financial 
rules, and on the operationalisation of the financial mechanism. During its first meeting, the 
Conference  of  Parties  to  the  BBNJ  Agreement  shall  adopt  rules  of  procedure  for  itself  and, 
financial  rules  governing  its  funding  and  the  funding  of  the  secretariat  and  any  subsidiary 
bodies,  and  decisions  on  the  operationalisation  of  the  financial  mechanism,  based  on  the 
recommendations adopted by the Preparatory Commission. 

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UNGA  Resolution  78/272  adopted  on  24  April  2024  on  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. 
UNGA Resolution 72/249 adopted on 24 December 2017 on an International legally binding instrument 
under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of 
marine  biological  diversity  of  areas  beyond  national  jurisdiction,  paragraph  17  (applicable  to  the 
Preparatory Commission as provided by paragraph 7 of UNGA Resolution 78/272) 
OJ L 179, 23.6.1998, pp. 1 

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The  rules  of  procedure  are  envisaged  to  address  the  frequency,  location,  organisation  and 
conduct  of  meetings  of  the  Conference  of  Parties,  participation  of  observers,  preparation  of 
the agendas, representation and credentials, establishment and functioning of the bureau, the 
role  of  the  secretariat,  the  role  of  the  head  of  the  secretariat,  voting  and  decision-making,  
amendments to the rules of procedure, establishment of subsidiary bodies, specific procedures 
for  subsidiary  bodies  as  necessary,  language  regime,  rules  on  elections,  procedures  for 
requesting  advisory  opinions  from  the  International  Tribunal  for  the  Law  of  the  Sea, 
cooperation  mechanism  with  relevant  legal  instrument  and  frameworks  and  relevant  global, 
regional,  subregional  and  sectoral  bodies,  and  any  other  relevant  rules  in  line  with  the 
Agreement. The rules of procedure will influence the way decisions by the Conference of the 
Parties are made.  

The  financial  rules  will  establish  the  rules  governing  the  funding  of  the  Conference  of  the 
Parties,  of  its  secretariat  and  any  subsidiary  bodies,  including  the  basis  for  the  assessed 
contribution by the Parties, and the contribution of the Union to the budget of the Agreement 
and will be legally binding on the parties to the Agreement.  

The operationalisation of the Agreement’s financial mechanism established in Article 52 will 
define how the different elements of the financial mechanism will articulate and contribute to 
the provision of financial resources under the Agreement to assist developing States Parties in 
its effective implementation.  

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

To  ensure  the  proper  functioning  of  the  BBNJ  Agreement,  the  EU  should  support  rules  of 
procedure that provide for the efficient, cost effective, transparent and orderly functioning and 
organisation  of  meetings  of  the  Conference  of  the  Parties,  and  that  allow  for  the  full 
participation of the Union as a Party in accordance with the BBNJ Agreement. 

To ensure that the BBNJ Agreement is correctly funded, the EU should support financial rules 
and  the  operationalisation  of  a  financial  mechanism  in  a  way  that  establish  a  fair  and 
transparent process, responsive to the circumstances of each Party, with a view to ensure that 
each  Party  contributes  to  the  financial  sustainability  of  the  BBNJ  Agreement  and  its 
implementation in a manner that is equitable and consistent with their ability to contribute. 

The  adoption  of  the  rules  of  procedures  and  the  financial  rules  is  necessary  for  the 
implementation and functioning of the BBNJ Agreement. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions ‘establishing the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 

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not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’8. 

4.1.2.  Application to the present case 

The  Preparatory  Commission  is  a  body  established  by  the  UN  General  Assembly.  The 
Conference of the Parties is a body established by the BBNJ Agreement.  

The final meeting of the Preparatory Commission will adopt decisions for recommendations 
to the Conference of the Parties on the rules of procedure and on the financial rules. At its first 
meeting, the Conference of  the Parties is  set  to  adopt rules  of procedure and financial rules 
based  on  the  recommendations  of  the  Preparatory  Commission.  The  acts  which  the 
Preparatory Commission and the Conference of Parties are called upon to adopt at their final 
and first meetings respectively constitute acts having legal effects.  

The rules of procedure have legal effects because they influence the way in which decisions 
of the Conference of Parties, that will be binding under international law or that are capable of 
decisively influencing the content of EU legislation, will be made.  

The financial rules will determine the basis for the contribution of the Union to the budget of 
the BBNJ Agreement and will be binding under international law in accordance with Article 
52 of the Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

In  accordance  with  Article  191  and  192(1)  TFEU,  the  EU  is  required  to  contribute  to  the 
pursuit  of  the  following  objectives:  preserving,  protecting  and  improving  the  quality  of  the 
environment;  protecting  human  health;  prudent  and  rational  utilisation  of  natural  resources; 
and  promoting  measures  at  international  level  to  deal  with  regional  or  worldwide 
environmental problems, and in particular combating climate change. 

Considering the objectives and substantive provisions of the BBNJ Agreement as well as all 
applicable  relevant  EU  policies,  the  centre  of  gravity  approach  indicates  that  the 
environmental  legal  basis  is  the  most  appropriate  substantive  legal  basis  of  the  proposed 
decision. 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 192(1) TFEU, in conjunction with 
Article 218(9) TFEU. 

8 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

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This Article 218(9) TFEU decision  only  covers matters of a procedural  nature and does not 
alter  the  division  of  competences  between  the  Union  and  Member  States  for  the  subject-
matters  governed  by  the  BBNJ  Agreement.  This  Article  218(9)  TFEU  decision  does  not 
concern  the  contributions  of  the  Member  States  to  the  budget  of  the  BBNJ  Agreement,  for 
which the Member States remain competent.  

5. 

BUDGETARY IMPLICATION 

The BBNJ Agreement creates a dedicated institutional structure. This includes a secretariat, a 
Scientific and Technical Body, a Clearing-House Mechanism, a capacity-building and transfer 
of  marine  technology  committee,  an  access  and  benefit-sharing  committee,  a  finance 
committee  and  a  compliance  committee.  As  established  in  Article  52(2)  of  the  BBNJ 
Agreement,  these  institutions  will  be  funded  through  assessed  contributions  of  the  Parties, 
based on the financial rules. 

The  financial  institutional  costs  of  the  implementation  of  the  BBNJ  Agreement  for  the 
European Union will only be known after the first Conference of the Parties, where an initial 
budget should be agreed for the BBNJ Agreement. According to Article 47(6)(e) of the BBNJ 
Agreement, the Conference of Parties  shall  adopt  a budget  a such  frequency  and  for such a 
financial period as it may determine. 

In addition to institutional costs, implementation of the BBNJ Agreement is likely to generate 
financial  needs  to  build  capacity  in  developing  countries  and  help  the  transfer  of  marine 
technology,  but  also,  for  instance,  to  generate  the  scientific  knowledge  needed  to  establish, 
monitor  and  review  marine  protected  areas.  The  BBNJ  Agreement  provides  in  its  Article 
14(6)  that,  for  that  purpose,  after  the  entry  into  force  of  this  Agreement,  developed  Parties 
shall  make  annual  contributions  to  the  special  fund  referred  to  in  Article  52  of  the  BBNJ 
Agreement equal to 50 per cent of that Party’s assessed contribution to the budget adopted by 
the Conference of the Parties under Article 47(6)(e) of the BBNJ Agreement. Such payment 
shall continue until a decision is taken by the Conference of the Parties under Article 14(7) of 
the BBNJ Agreement. Potential global costs will be estimated under the BBNJ Agreement in 
due time, based on the operationalisation of the Agreement’s financial mechanisms. 

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2025/0373 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the Preparatory 
Commission and the first Conference of the Parties 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 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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By  virtue  of  Council  Decision  98/392/EC1,  the  European  Community  approved  the 
United Nations Convention on the Law of the Sea of 10 December 1982 (‘UNCLOS’) 
and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof. 

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  Agreement’),  was  concluded  by  the  Union  by  virtue  of 
Council Decision 2024/18302 and [will enter] into force on 17 January 2026. 

The Conference of the Parties to the Agreement (‘the Conference of the Parties’) has 
been established by  Article 47(1) of the Agreement. Pursuant  to  Article  47(4) of the 
Agreement, the Conference of Parties is to adopt by consensus, at its first meeting, the 
rules of procedure for itself (‘the rules of procedure’) and the financial rules governing 
its funding and the funding of the secretariat and any subsidiary bodies (‘the financial 
rules’). 
In  its  Resolution  78/2723  adopted  on  24  April  2024,  the  General  Assembly  of  the 
United Nations decided to establish a preparatory commission to prepare for the entry 
into force of the Agreement and to prepare for the convening of the first meeting of the 
Conference  of  the  Parties  to  the  Agreement  (‘the  preparatory  commission’),  at  the 
conclusion of which the preparatory commission will cease to exist. 

to 

implementation  of  Part  XI 

Council  Decision  of  23  March  1998  concerning  the  conclusion  by  the  European  Community  of  the 
United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 
1994  relating 
thereof  (OJ  L  179,  23.6.1998,  p.  1, 
the 
ELI: http://data.europa.eu/eli/dec/1998/392/oj). 
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, ELI: http://data.europa.eu/eli/dec/2024/1830/oj). 
UNGA  Resolution  78/272  adopted  on  24  April  2024  on  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. 

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(5) 

(6) 

(7) 

(8) 

,  Pursuant  to  paragraph  9  of  the  General  Assembly  Resolution,  the  preparatory 
commission is envisaged to take decisions at its final meeting on recommendations to 
the Conference of the Parties on the rules of procedure and on the financial rules. 

The  envisaged  acts  of the  preparatory  commission  and the Conference of the Parties 
will have legal effects. 

It is therefore necessary to establish the position to be taken on the Union's behalf in 
the final meeting of the preparatory commission and the first Conference of Parties To 
ensure  the  proper  functioning  of  the  Agreement,  the  Union  should  support  rules  of 
procedure  that  provide  for  the  efficient,  cost  effective,  transparent  and  orderly 
functioning  and  organisation  of  meetings  of  the  Conference  of  the  Parties,  and  that 
allow  for  the  full  participation  of  the  Union  as  a  Party  in  accordance  with  the 
Agreement. 

 To  ensure  that  the  BBNJ  Agreement  functioning  and  implementation  is  correctly 
funded, the EU should support the adoption of financial rules and    operationalisation 
of a financial mechanism    that establish a fair and transparent  process,  responsive to 
the circumstances of each Party, with a view to ensure  that each Party contributes to 
the  financial  sustainability  of  the  BBNJ  Agreement  and  its  implementation  in  a 
manner  that  is  equitable  and  consistent  with  each  Party’s  ability  to  contribute.  The 
operationalisation  of  the  financial  mechanism  established  by  the  Union  should  also 
ensure  the  provision  of  assistance  to  developing  States  Parties  in  their  efforts  to 
implement the Agreement. 

HAS ADOPTED THIS DECISION: 

Article 1 

The  position  to  be  taken  on  the  Union's  behalf  in  the  final  meeting  of  the  preparatory 
commission and the first meeting of the Conference of the Parties to the Agreement shall be 
the following: 

(1) 

(2) 

The  Union  shall  support  the  adoption  of  rules  of  procedure  that  provide  for  the 
efficient,  cost  effective,  transparent  and  orderly  functioning  and  organisation  of 
meetings  of  the  Conference  of  Parties  of  the  Agreement,  that  allow  for  the  full 
participation of the Union as a Party in accordance with the Agreement. 

The Union shall support the adoption of financial rules and the operationalisation of 
a financial mechanism that establish a fair and transparent process, responsive to the 
circumstances of each Party, with a view to ensure that each Party contributes to the 
financial sustainability of the Agreement and its implementation in a manner that is 
equitable  and  consistent  with  each  Party’s  ability  to  contribute,  and  where  the 
financial  mechanism  also  ensures  the  provision  of  assistance  to  developing  States 
Parties in their efforts to implement the Agreement. 

Minor technical changes to the positions set out in accordance with this Decision and which 
are  consistent  with  the  Union  position  set  out  in  Article  1UNCLOS,  the  Agreement,  and 
Union law, may be agreed by the Union without further decision of the Council.  

Article 2 

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This Decision enters into force on the date of its adoption. 

Done at Brussels, 

Article 3 

For the Council 
The President 

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