One significant development in marine conservation is the possibility for nations to establish large-scale marine protected areas (MPAs) on the high seas - a critical measure to meet the Kunming-Montreal Global Biodiversity Framework's target of protecting 30% of the ocean by 2030. The treaty also foresees environmental impact assessments for economic activities in international waters, ensuring sustainable practices and minimising harm to fragile marine ecosystems.

Crucially, the agreement prioritises equity and inclusion, with dedicated support for developing countries. Developing countries will receive support to implement the agreement, through strong capacity-building initiatives and marine technology transfer programs. This assistance will be funded through a variety of public and private sources. An innovative benefit-sharing mechanism will also ensure fair access to marine genetic resources.

The European Union and its Member States have played a central role in advancing this agreement, leading the BBNJ High Ambition Coalition—a coalition of over 40 nations committed to bold, science-based ocean protection. This alliance, driven by high-level political commitment, has been instrumental in negotiating the treaty and accelerating the ratification process.

Next steps

The agreement will officially come into effect 120 days after the 60th ratification. It will apply to all parties which have already ratified the agreement.

The EU is already working on a fast implementation, including supporting developing nations in building readiness for the treaty's requirements. As part of this effort, the EU has launched a €40 million commitment through its Global Ocean Programme and is urging members of the High Ambition Coalition to contribute similarly, ensuring equitable and effective global participation in safeguarding marine ecosystems.  

Background

Areas beyond national jurisdiction cover nearly two-thirds of the world's ocean, comprising the high seas and the seabed beyond national jurisdiction. They contain marine resources and biodiversity and provide invaluable ecological, economic, social, cultural, scientific and food-security benefits to humanity. However, they are under mounting pressure from pollution (including noise), overexploitation, climate change and decreasing biodiversity and this requires urgent protection.

Faced with these challenges and in view of future increasing demands for marine resources for food, medication, minerals and energy, among others, an overwhelming majority of states agreed on the need for this Agreement, which takes the form of a new Implementing Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) to protect and sustainably use the resources of these areas. The Agreement will further implement existing principles in UNCLOS to achieve a more holistic management of activities carried out in the high seas. These principles include the duty to cooperate, to protect and preserve the marine environment and to undertake prior impact assessment of activities.

This BBNJ agreement is the third in a series, following 1994 and 1995 agreements on seabed mining and fish stocks. It updates the UNCLOS to address 30 years of developments, supporting Sustainable Development Goal 14 ('Life Below Water') under Agenda 2030. 

For More Information

BBNJ high ambition coalition – bringing nations together to protect the biodiversity of half the planet

Quote(s)

The entry into force of the Biodiversity Beyond National Jurisdiction Agreement marks a historic step for our planet. This milestone shows the power of multilateralism, as we head to New York for the UN General Assembly. We thank our UN partners for their collaboration. The EU and its Member States remain committed to the swift and ambitious implementation of the agreement. And we call on more countries to join our movement, for the universal protection of our ocean.

Ursula von der Leyen, President of the European Commission

The entry into force of today’s Agreement is a historic milestone for ocean governance and the EU has played a key role in achieving it. This Agreement is paramount to preserve the marine life and biodiversity that are essential for us and for the generations to come. It is also a proof of successful multilateral cooperation, showing that the world can come together and find solutions for the protection of the ocean. With 60 ratifications achieved and the entry into force, the next critical step is universal ratification to unlock the agreement’s full potential in safeguarding marine ecosystems globally.

Costas Kadis, Commissioner for Fisheries and Oceans