Global negotiations on the landmark high seas treaty, which aims to protect the oceans, tackle environmental degradation, combat climate change and preventing biodiversity loss.

The new treaty allows for the creation of large-scale marine protected areas on the high seas, which are also necessary to fulfill the universal commitment under the Kunming-Montreal Global Agreement on Biodiversity concluded last December to protect 30 % of the oceans by 2030. The treaty will also include, for the first time, a requirement to assess the impacts of high seas economic activities on biodiversity. Developing countries will be supported in their participation in and implementation of the new treaty by a strong capacity-building and maritime technology transfer component, financed from a variety of public and private sources, and by an equitable mechanism for sharing the potential benefits of marine genetic resources.

The said treaty, under the title “Biodiversity in waters beyond national jurisdiction”, which was agreed upon at the 5th Intergovernmental Conference in New York, is the fruit of more than a decade of global mobilization to find solutions to this critical global environmental issue. The EU and its Member States lead the ambitious BBNJ coalition, which played a key role in reaching the agreement. The coalition brings together 52 countries committed, at the highest political level, to ambitious actions to protect the oceans, and was launched at the 2022 One Ocean Summit in Brest by President von der Leyen together with the French Presidency of the Council.

Next steps

With negotiations now complete, the agreement will enter into force once ratified by 60 states. The EU will make efforts to ensure the rapid ratification of the agreement and assist developing countries in preparing for its implementation. To this end, the EU has committed €40 million to a global oceans program and has invited members of the high ambition coalition to do the same within their capacities.

The formal ratification of the treaty will take place once the legal review is completed in the languages ​​of the United Nations.

Record

The open sea provides invaluable ecological, economic, social and nutritional benefits to humanity, and it needs urgent protection.

Waters beyond national jurisdiction cover nearly two-thirds of the world’s oceans and are made up of the high seas and the seabed beyond national jurisdiction. These waters contain marine resources and biodiversity, and provide humanity with invaluable benefits in the areas of ecology, economy, society, culture, science and food security. However, there are increasing pressures from pollution (including noise), overexploitation, climate change and biodiversity loss.

Faced with the above challenges and in view of the future increasing demands on marine resources for purposes including food, medicine, mining and energy, the vast majority of states agreed on the need to conclude the said treaty on the high seas, the which takes the form of a new implementation agreement, within the framework of the United Nations Convention on the Law of the Sea (UNCLOS), aimed at the protection and sustainable use of the resources of these waters. The agreement will further implement existing UNCLOS principles to achieve a more holistic management of activities conducted on the high seas. These principles include the duty to cooperate, the duty to protect and preserve the marine environment and the duty to assess the impact of activities in advance.

This implementing agreement is the third of its kind, following the specific agreements on seabed mining (1994) and on the management of overlapping and highly migratory fish stocks (1995). The new agreement will bring UNCLOS up to speed with the developments and challenges that have arisen over the past thirty years, i.e. from the time of UNCLOS’s development until today, and will further support the achievement of the 2030 Agenda for Sustainable Development, in particular and sustainable development goal 14 (“Life in water”).

“A historic moment for our oceans. Today’s [σ.σ. χθεσινή] day marks the culmination of more than a decade of preparatory work and international negotiations, in which the EU played a key role. The agreement on the United Nations High Seas Treaty is an important step towards the conservation of marine life and biodiversity, which are vital for us and for future generations. It is also evidence of enhanced multilateral cooperation with our partners and an important resource for the realization of the COP 15 target of protecting 30% of the oceans. I am very proud of the outcome of our efforts” said Mr Virginius Sinkevičius, Commissioner for Environment, Oceans and Fisheries.

Athena Papakosta