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P10_TA(2025)0263

SHORT JUSTIFICATION

Conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction

The Ocean, which is a global common of humanity, covers approximately 70% of the world’s surface. The ⅔ of the Ocean surface lies in areas beyond national jurisdiction. The High Seas are home to unique marine species and ecosystems, which are facing threats resulting from the impacts of human activities such as overfishing, shipping, pollution, extractive industries and the growing effects of climate change. They are also an area of geopolitical competition. Protecting those areas and strengthening the High Seas governance are therefore vital actions for tackling marine biodiversity loss, climate change, but also to ensure long-term sustainable management of marine populations, including for fisheries management.

Committee on the Environment, Climate and Food Safety

“The ship has reached the shore” announced the UN Ambassador for Oceans and Law of the Sea Issues on 3 March 2023. The landmark agreement 'International Biodiversity Beyond National Jurisdiction' (BBNJ) Agreement adopted in 2023 is one of the biggest achievements in Ocean Diplomacy and a success for multilateralism. It addresses 4 key areas: marine genetic resources; measures such as area-based management tools; environmental impact assessments; and capacity-building and the transfer of marine technology. It should be ratified soon following the progress made at the 2025 UN Ocean Conference.

PE775.452

Your Rapporteur therefore welcomes the Commission’s proposal for a directive to integrate the BBNJ agreement into EU law. She agrees with the need for a swift transposition to ensure that the EU is compliant with its international obligations at the time of the entry into force. The Commission’s approach to limit the proposal to a strict transposition of the BBNJ agreement is appropriate and ensures a level playing field. The proposal is also in line with the Common Fisheries Policy (CFP). The BBNJ Agreement does not undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies (IFBs), including Regional Fisheries Management Organisations (RFMOs) and promotes coherence and coordination with those instruments, frameworks and bodies. The proposal notably aims at ensuring coordination between Member States and the Commission. Such coordination at EU level will be key to the success of its implementation, including to avoid infringements of the CFP and ensure a coherent approach.

Amendments adopted by the European Parliament on 13 November 2025 on the 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 (COM(2025)0173 – C10-0074/2025 – 2025/0090(COD))

Your Rapporteur suggests a few targeted amendments on provisions that fit within the remit of the opinion of the Committee on fisheries, in order to closer align the proposal to the BBNJ agreement:

(Ordinary legislative procedure: first reading)

• Article 8(6) on the General Conditions related to Environmental Assessments: the draft opinion introduces changes to better reflect the exception introduced by article 29(4) of the BBNJ agreement and that applies in the case where an environmental impact assessment has been already conducted for the planned activity in accordance with the requirements of other relevant IFBs, including RFMOs. While Article 8(6) can be understood as implying that this exception applies in all circumstances, the BBNJ agreement set out several conditions that must be fulfilled

• Article 17(2) on the Content of Proposals of Measures such as area-based management tools: under the BBNJ Agreement, Parties shall collaborate and consult with the relevant stakeholders. The word “collaborate” is missing. This addition is important, including when it comes to fisheries stakeholders.

• Article 18 on Implementation: the rapporteur introduces some of the provisions of Article 25 of the BBNJ agreement that were missing and clarifies cases where, in addition to Member States, the Commission represents the EU in some IFBs, notably RFMOs.

• A recital on the BBNJ general provisions related to international cooperation was introduced to recall the EU’s obligations under the BBNJ agreement to ensure cooperation and coherence with the work done within RFMOs and Regional Seas Convention, considering their key role. It calls on the Commission and Member States to develop a common coordinated approach and cooperation mechanisms.

Your Rapporteur finally calls for the swift transposition and implementation of the BBNJ agreement. She believes that the repeated attacks against multilateralism highlight the need for the EU to reiterate its strong commitment to the UN Convention on the Law of the Sea.

AMENDMENTS

The Committee on Fisheries submits the following to the Committee on the Environment, Climate and Food Safety, as the committee responsible:

Amendment 1

Amendment

(3a) It should be noted that Member States shall retain full sovereignty in determining the activities under their jurisdiction or control. This Directive shall not be interpreted as limiting their ability to define, in accordance with their domestic legal system and international law, the activities falling within its scope.

(3a) In implementing this Directive, Member States should take due account of principles and approaches of Article 7 of the BBNJ Agreement.

Amendment 2

Proposal for a directive

Recital 57

Text proposed by the Commission

Amendment

(5) 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.

(7) 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.

(5) 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, including by increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and development with low greenhouse gas emissions, in a manner that does not threaten food production, and on the basis of the best available scientific knowledge, in the context of the long-term temperature goal of the Paris Agreement.

(7) The EU biodiversity strategy for 2030, contained in the communication of the Commission of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 Bringing nature back into our lives’, sets out multiple objectives, including the aim of restoring the good environmental status of marine ecosystems and of facilitating the conclusion of an ambitious legally binding agreement on marine biological diversity of areas beyond national jurisdiction.

Amendment 3

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7)(7a) 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 7-197 - 19 December 2022, andincluding the long-time strategic visiongoal that, by 2050, biodiversity is2030, toat beleast valued,30% conserved,of restoredthe andworld's wiselyoceans used,will maintainingbe ecosystemgoverned services,by sustainingsystems aof healthyprotected planetareas and delivering benefits essential for all people. The EU biodiversity strategyother foreffective 2030,area-based inconservation themeasures, communicationtogether ofwith the Commission of 20 Maylong-time 2020strategic entitledvision ‘EUthat, Biodiversityby Strategy2050, forbiodiversity 2023is Bringingto naturebe backvalued, intoconserved, ourrestored lives’,and setswisely outused, multiplemaintaining objectives,ecosystem includingservices, thesustaining aima tohealthy restoreplanet theand gooddelivering environmentalbenefits statusessential offor marineall ecosystems.people.

(7) The EU biodiversity strategy for 2030, contained in the communication of the Commission of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 Bringing nature back into our lives’, sets out multiple objectives including regarding marine ecosystems, notably with the aim of concluding an ambitious legally binding agreement on marine biological diversity of areas beyond national jurisdiction (BBNJ). 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 (CBD) on 7-19 December 2022, and together with 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. Parties to the CBD, in accordance with the 2030 mission towards achieving the 2050 strategic vision, are to take urgent action to halt and reverse biodiversity loss to put nature on a path to recovery for the benefit of people and the planet by conserving and sustainably using biodiversity and by ensuring the fair and equitable sharing of benefits from the use of genetic resources, while providing the necessary means of implementation of the CBD.

Amendment 4

Proposal for a directive

Recital 7 ab (new)

Text proposed by the Commission

Amendment

(7a) The communication of the Commission of 5 June 2025 entitled “The European Ocean Pact” sets out actions to ensure the swift ratification, transposition into Union law, and implementation of the BBNJ Agreement and the sustainable governance of the High Seas. It also envisages that the Union support the implementation of the BBNJ agreement in developing countries through the EUR40 million contribution to the Global Ocean Programme.

(7b) Parties to the Convention on Biological Diversity, in accordance with the 2030 mission towards achieving the 2050 strategic vision, are to take urgent action to halt and reverse biodiversity loss.

Amendment 5

Proposal for a directive

Recital 7 bc (new)

Text proposed by the Commission

Amendment

(7b) The declaration of the High Ambition Coalition for Biodiversity Beyond National Jurisdiction (BBNJ HAC) of 28 May 2025, initiated by the Commission and bringing together some 40 countries, illustrates the Union's ambition in global ocean governance and protection. In line with that vision, complemented by ocean diplomacy, the Commission should support Member States willing to host the headquarters of the international secretariat defined in Article 50 of the BBNJ Agreement and ensure its co-financing. It is also important for the Union, as part of its Ocean diplomacy, to encourage third countries to ratify the BBNJ Agreement and ensure that they comply with its provision in order to ensure a level playing field.

(7c) This Directive should be implemented in a manner that does not undermine relevant legal instruments and frameworks and competent global, regional, subregional and sectoral bodies, and promotes coherence and coordination with those instruments, frameworks and bodies.

Amendment 6

Proposal for a directive

Recital 7 cd (new)

Text proposed by the Commission

Amendment

(7c) Under the BBNJ Agreement, Parties shall cooperate, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the BBNJ Agreement.(7d) The CommissionUnion and its Member States should thus develop a common coordinated approach and mechanisms for ensuring coherence with the work undertaken within those instruments, framework and bodiesbodies, such as in Regional Fisheries Management Organisations (RFMOs) as the competent international bodies for the conservation and management of fisheries resources in areas beyond national jurisdiction or Regional Seas Conventions, including regarding the promotion of measures to support the implementation of the decisions and recommendations made by the Conference of the Parties under Part III of the BBNJ Agreement.

Amendment 7

Proposal for a directive

Recital 7 de (new)

Text proposed by the Commission

Amendment

(7d) According to its Article 5, the BBNJ Agreement is to be interpreted and applied in a manner that does not undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies. In that context, RFMOs remain the competent international bodies for the conservation and management of fisheries resources in areas beyond national jurisdiction. The application of this Directive should fully respect their competences as well as the obligations of the Union and its Member States under existing Union law and international agreements on the high seas. At the same time, the Union and its Member States should act within RFMOs to ensure that the decisions adopted by these organisations are guided by the best available science and promote consistency between fisheries management decisions and the objectives of the BBNJ Agreement.

(7e) The communication of the Commission of 5 June 2025 entitled “The European Ocean Pact” sets out actions to ensure the swift ratification, transposition into Union law, and implementation of the BBNJ Agreement and the sustainable governance of the High Seas. It also envisages that the Union supports the implementation of the BBNJ agreement in developing countries through the EUR 40 million contribution to the Global Ocean Programme.

Amendment 8

Proposal for a directive

Recital 7 ef (new)

Text proposed by the Commission

Amendment

(7e) The Union and its Member States are committed to following the general principles and approaches set out in Article 7 of the BBNJ Agreement.

(7f) The declaration of the High Ambition Coalition for Biodiversity Beyond National Jurisdiction (BBNJ HAC) of 28 May 2025, initiated by the Commission and bringing together some 40 countries, illustrates the Union's ambition in global ocean governance and protection. In line with that vision, complemented by ocean diplomacy, the Commission should support Member States willing to host the headquarters of the international secretariat defined in Article 50 of the BBNJ Agreement and ensure its co-financing. It is also important for the Union, as part of its Ocean diplomacy, to encourage third countries to ratify the BBNJ Agreement and ensure that they comply with its provision in order to ensure a level playing field.

Amendment 9

Proposal for a directive

Recital 7 fg (new)

Text proposed by the Commission

Amendment

(7f)(7g) Regulation (EU) No 1026/2012 of the European Parliament and of the Council 1a establishes a framework for the identification and the adoption of measures with regard to third countries which fail to cooperate and allow non-sustainable fishing of a stock of common interest for the Union. That Regulation, recently amended, makes possible for the Union to identify a third country as allowing non-sustainable fishing if, among others, it fails to cooperate in the management of a stock of common interest, in full compliance with the provisions of the UNCLOS and the UN Fish Stocks Agreement (UNFSA), or with any other international agreement, such as the BBNJ Agreement, or rule of international law, and if it fails to adopt the necessary fisheries management measures. In that regard, this Directive should work together with Regulation (EU) No 1026/2012, especially in relation to international cooperation that may be established in the framework of RFMOs or, where those have no competence for the stock in question, by means of ad hoc arrangements among the countries having an interest in the relevant fisheriesfisheries.

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1a Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing,fishing OJ(OJ L 316, 14.11.2012, pp.p. 34–37.34).

Amendment 10

Proposal for a directive

Recital 8 a (new)

Recital 10

Text proposed by the Commission

Amendment

(8a) This directive is limited to the strict transposition of the Union’s international obligations under the BBNJ Agreement.

(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.

(10) It is necessary for Union and Member States, in line with Article 9 and the objectives 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, including through financial contributions, transfer of marine technology, or capacity-building for developing states.

Amendment 11

Proposal for a directive

Recital 914

Text proposed by the Commission

Amendment

(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 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.

(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.

(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 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, ensuring food security and supporting the development of the marine economy, taking into consideration the interests and needs of developing States.

(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, where relevant, transposed into Union legislation. Pending transposition, the effectiveness of the adopted measures should not be undermined. In order to ensure coordination at Union level, procedures should be put in place for cooperation between the Member States and the Commission prior to the submission of any proposal to the BBNJ Secretariat for the establishment of area-based management tools or a proposal for an emergency measure.

Amendment 12

Proposal for a directive

Recital 1415

Text proposed by the Commission

Amendment

(14)(15) TheUnder BBNJthis AgreementDirective, allowsfor theany establishmentproposal ofto establish area-based management tools, including marinetools protected,or areasany inproposal areasfor beyondan nationalemergency jurisdiction.measure Measuresunder adoptedArticles by19 theand Conference24(3) of the PartiesBBNJ underAgreement, the BBNJ AgreementCommission should be implemented and, if necessary, transposedcarry intoout EUa legislation.preliminary Pendinglegal transposition,assessment. MemberThis Statesassessment should not undermineinclude thean effectivenessassessment of the measures adopted. It is necessary to lay down the procedures needed to ensure coordination among the Member States and the Commission priorneed tofor the submission of any proposalUnion to establish area-based management toolsmake orsuch a proposal for an emergency measure to the BBNJ Secretariat.

(14) The BBNJ Agreement allows the establishment of area-based management tools, including marine protected, areas in areas beyond national jurisdiction. The target 3 of the Kunming Montreal Global Biodiversity Framework mentions protected areas and other effective area-based conservation measures (OECMs). Although not referred to in the BBNJ Agreement, OECMs may be considered as part of the area-based management tools. Measures adopted by the Conference of the Parties under the BBNJ Agreement should be implemented and, where relevant, transposed into EU legislation. Pending transposition, the effectiveness of the adopted measures should not be undermined. It is important to lay down the procedures needed to ensure coordination among the Member States and the Union actions prior to the submission of any proposal to establish area-based management tools to the BBNJ Secretariat. An emergency measure, as it requires rapid response to prevent damage on biodiversity, ecosystems or fisheries, can be adopted intersessionally. Member states should therefore have the possibility to submit proposals for an emergency measure directly to the Secretariat. Where applicable and in line with the BBNJ Agreement, cooperation and coordination with RFMOs in the use of area-based management tools and conservation measures should be strengthened.

(15) As part of the established procedures, the Commission should carry out a legal assessment which should include an assessment of the need for the proposal to establish area-based management tools or the proposal for an emergency measure under Articles 19 and 24(3) of the BBNJ Agreement to be submitted to the BBNJ Secretariat on behalf of the Union or on behalf of the Union and its Member States or whether a Member State or a group of Member States that made a draft proposal may submit the proposal to the Secretariat in their own capacities.

Amendment 13

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

(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.

(15a) In order to act without unnecessary delay and since that it is possible to adopt intersessionally an emergency measure, as it requires rapid response to prevent or mitigate serious or irreversible harm to marine biological diversity in areas beyond national jurisdiction, Member States should be able to submit proposals for an emergency measure directly to the 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 assessment in order to provide support to Member States and ensure coordination. This assessment should include an assessment of the relevance for the Union to make such a proposal to the BBNJ Secretariat.

Amendment 14

Proposal for a directive

Recital 1615 ab (new)

Text proposed by the Commission

Amendment

(16a) In order to ensure the effective implementation of this Agreement, the decision-making processes and the Clearing-House Mechanism should function effectively, be based on the best available science and scientific information, and operate efficiently with adequate consideration and dialogue with the relevant stakeholders;

(15b) The high seas are of significant economic and social importance for the Union and its marine economy as a whole, particularly for Union fisheries, food security, energy production, science and international trade. This Directive, including provisions on the establishment of area-based management tools, should ensure a consistent implementation of Union law and a level playing field throughout the Union, while minimising the administrative burden on Member States.

Amendment 15

(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.

(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 aims toinclude guaranteeguaranteeing the rightsright of access to information, the rights of public participation in decision-makingdecision-making, and access to justice 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 access to information, public participation in decision-makingdecision-making, and access to justice in environmental matters should be exercised following the same principles as those established under the Aarhus Convention.

Amendment 16

Proposal for a directive

Recital 1918

Text proposed by the Commission

Amendment

(19)(18) SinceWhile otherthe applicablepurpose legalof instrumentsthis orDirective frameworksis orto global,provide regional,for subregionala orlegal sectoralframework bodiesgoverning provideactivities ataking frameworkplace forin assessingareas thebeyond impactsnational ofjurisdiction, plannedany activities underto be conducted in areas within national jurisdiction orthat controlare thatlikely taketo placehave significant effects on the marine environment in areas beyond national jurisdiction, Member Statesjurisdiction should not be requiredsubject to conduct a screening or an environmental impact assessment in accordance with this Directive under2011/92/EU of the conditionsEuropean setParliament outand inof the Council8 , other relevant EU law that contains provisions related to environment assessments for planned activities9 and national laws transposing EU legislation. In accordance with Article 29(4)28(2) of the BBNJ Agreement.Agreement, Inin the EU such cases,activities theconducted Memberin Stateareas concernedwithin national jurisdiction should ensurebe thatassessed theunder environmentalestablished impactEU assessmentrules. reportIn isthose publishedcases, throughMember States should ensure that they meet the BBNJobligations Clearing-Houseunder Mechanism.the BBNJ Agreement.

(19) Where other applicable(18) legalWhile instrumentsthe orpurpose legalof frameworksthis orDirective global,is regional,to subregionalprovide orfor sectorala bodies,legal suchframework asgoverning theactivities Internationaltaking Maritimeplace Organisationin (IMO),areas Regionalbeyond Fisheriesnational Managementjurisdiction, Organisationsany (RFMOs)activities orto thebe commonconducted fisheriesin policyareas (CFP),within providenational ajurisdiction frameworkthat forare assessinglikely theto impactscause ofsubstantial plannedpollution activitiesor undersignificant nationaland jurisdictionharmful orchanges controlto thatthe takemarine placeenvironment in areas beyond national jurisdiction, Member Statesjurisdiction should not be requiredsubject to conductan aassessment screeningin oraccordance anwith environmentalexisting impactUnion assessmentlaw, insuch accordanceas withDirective this2011/92/EU Directive,of providedthe thatEuropean thatParliament and of the MemberCouncil8 States, withother jurisdictionrelevant orUnion controllaw overthat thecontains provisions related to environment assessments for planned activityactivities9 determineand thatnational thelaws conditionstransposing setUnion outlegislation. inIn accordance with Article 29(4)28(2) of the BBNJ AgreementAgreement, arein met.the InUnion such cases,activities theconducted Memberin Stateareas concernedwithin national jurisdiction should ensurebe thatassessed theunder environmentalestablished impactUnion assessmentrules. reportIn isthose publishedcases, throughMember States should ensure that they meet the BBNJobligations Clearing-Houseunder Mechanism.the BBNJ Agreement.

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8 OJ L 26, 28.1.2012, p. 1–21

8 OJ L 26, 28.1.2012, p. 1–21

9 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

9 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

Amendment 17

Proposal for a directive

Recital 2319

Text proposed by the Commission

Amendment

(23) Decisions authorising planned activities that take(19) placeSince inother areasapplicable beyondlegal nationalinstruments jurisdictionor grantedframeworks byor theglobal, competentregional, authoritysubregional or authorities may take thesectoral formbodies ofprovide a wideframework rangefor ofassessing legalthe actsimpacts (suchof asplanned developmentactivities consents,under decisions,national permitsjurisdiction andor othercontrol formsthat oftake authorisation),place dependingin onareas thebeyond national procedures applicable in thejurisdiction, Member States. IrrespectiveStates ofshould thenot form,be titlerequired orto theconduct procedurea forscreening adoptingor suchan decisionsenvironmental underimpact nationalassessment law,in Memberaccordance Stateswith shouldthis ensureDirective thatunder plannedthe activitiesconditions takingset placeout in areasArticle beyond29(4) nationalof jurisdictionthe thatBBNJ mayAgreement. causeIn substantialsuch pollutioncases, ofthe orMember significantState andconcerned harmfulshould changesensure tothat the marineenvironmental environmentimpact areassessment madereport subjectis topublished anthrough assessmentthe beforeBBNJ beingClearing-House authorised.Mechanism.

(23) Decisions authorising planned activities that take(19) placeWhere inother areasapplicable beyondlegal nationalinstruments jurisdictionor grantedframeworks byor theglobal, competentregional, authoritysubregional or authorities may take thesectoral formbodies ofprovide a wide range of legal acts (such as development consents, decisions, permits and other forms of authorisation), depending on the national proceduresframework applicablefor inassessing the Member States. Irrespectiveimpacts of the form, title or the procedure for adopting suchplanned decisionsactivities under national law, Member Statesjurisdiction shouldor ensurecontrol that planned activities takingtake place in areas beyond national jurisdictionjurisdiction, thatMember mayStates causeshould substantialnot pollutionbe ofrequired orto significantconduct anda harmfulscreening changesor toan theenvironmental marineimpact environmentassessment arein madeaccordance subjectwith tothis anDirective, assessmentprovided beforethat beingthe authorised.Member ItStates shouldwith bejurisdiction consideredor thatcontrol fishingover activitiesthe regulatedplanned byactivity RFMOsdetermine orthat the CFPconditions mayset haveout alreadyin beenArticle subject29(4) toof athe screeningBBNJ processAgreement andare thatmet. conductingIn asuch newcases, screeningthe mayMember notState beconcerned necessary,should providedensure that the Member States determineenvironmental thatimpact conditionsassessment underreport Articleis 8(6)published ofthrough the BBNJ agreement areClearing-House met.Mechanism.

Amendment 18

Proposal for a directive

Article 1 – paragraphRecital 119 a (new)

Text proposed by the Commission

Amendment

1a. This Directive applies to areas beyond national jurisdiction. It sets out rules applicable to marine genetic resources and digital sequence information, environmental assessments of planned activities under the jurisdiction or control of Member States, as well as rules on the establishment and implementation of area-based management tools and emergency measures. It applies together with the Union rules and policies in the area of the common fisheries policy (CFP).

(19a) This Directive does not apply to any warship, military aircraft or naval auxiliary. However, Member States should ensure, by the adoption of appropriate measures which do not impair the operations or operational capabilities of such vessels or aircraft owned or operated by it, that such vessels or aircraft act in a manner consistent, so far as is reasonable and practicable, with this Directive.

Amendment 19

Proposal for a directive

Article 2 – paragraph 1 – point i

Recital 20

Text proposed by the Commission

Amendment

(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;

(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 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 Council10 and national laws transposing that Directive.

(i) ‘planned activity’ means any activity involving an intervention in the marine environment, that inter alia includes the execution of construction works, installations, schemes and regular activities aimed at utilising natural resources;

(20) Any plans or programmes prepared or adopted by national, regional or local authorities of Member States which are likely to cause substantial pollution of or significant and harmful changes to the marine 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 Council10 and national laws transposing that Directive.

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10 OJ L 197, 21.7.2001, p. 30–37

10 OJ L 197, 21.7.2001, p. 30–37

Amendment 20

Proposal for a directive

Article 2 – paragraph 1 – point j

Recital 20 a (new)

Text proposed by the Commission

Amendment

(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;

(20a) Directive 2001/42/EC lays down environmental assessment standards and procedural guarantees that are consistent with, and do not undermine, the obligations of the BBNJ Agreement. The application of Directive 2001/42/EC1a within areas under Member State jurisdiction or control contributes directly to fulfilling the strategic environmental assessment requirements set out in Article 39 of the BBNJ Agreement.

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

__________________

1a Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p.30)

Amendment 21

Proposal for a directive

Article 2 – paragraph 1 – point n

Recital 21

Text proposed by the Commission

Amendment

(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;

(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.

(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;

(21) When determining the likelihood of causing substantial pollution or significant and harmful changes to the marine environment by planned activities, Member States should take into account how notable or important these effects can be. They should also take account of criteria set out in Directive 2011/92/EU in making this determination.

Amendment 22

Proposal for a directive

Article 31 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1. This Directive appliessets out rules applicable to marine genetic resources and digital sequence information, environmental assessments of planned activities under Member States’the jurisdiction or control thatof takeMember placeStates as well as the establishment and implementation of area-based management tools and emergency measures, in areas beyond national jurisdiction.

1. This Directive applies to planned activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction, without prejudice to Member States' competences.

Amendment 23

Proposal for a directive

Article 32 – paragraph 1 b– (new)point i

Text proposed by the Commission

Amendment

1b. The Directive shall not, under any circumstances, interfere with the processes by which Member States seek the extension of their continental shelf before the United Nations Commission on the Limits of the Continental Shelf,

(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;

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

Amendment 24

Proposal for a directive

Article 42 – paragraph 21 – point aj

Text proposed by the Commission

Amendment

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

(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;

(a) fishing regulated under applicable international law and the common fisheries policy, and fishing-related activities; and

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

Amendment 25

Proposal for a directive

Article 82 – paragraph 61 – point n

Text proposed by the Commission

Amendment

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.

(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;

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, such as RFMOs, provided that Member States determine 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.

(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;

(The capitalisation of Indigenous Peoples applies throughout the text in all languages.)

Amendment 26

Proposal for a directive

Article 82 – paragraph 71 – point s

Text proposed by the Commission

Amendment

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.

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

7. For planned activities under Member States’ jurisdiction or control that take place in areas within national jurisdiction and are likely to cause substantial pollution of or significant and harmful changes to 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, including any relevant monitoring reports, 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.

(s) ‘minor or transitory effects’ mean effects that do not cause substantial pollution or make significant and harmful changes to the marine environment.

Amendment 27

Proposal for a directive

Article 93 – paragraph 31

Text proposed by the Commission

Amendment

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.

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

3. When conducting the screening, Member States shall at least consider 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.

deleted

Amendment 28

Proposal for a directive

Article 94 – paragraph 42 – point ea

Text proposed by the Commission

Amendment

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

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

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

(a) fishing regulated under applicable international and Union law, such as the common fisheries policy and fishing-related activities; and

Amendment 29

Proposal for a directive

Article 106 – paragraph 26

Text proposed by the Commission

Amendment

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

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.

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

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. Where relevant, they shall use existing Union data collection and reporting systems for BBNJ notifications and deposits.

Amendment 30

Proposal for a directive

Article 108 – paragraph 4 – point d1

Text proposed by the Commission

Amendment

(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;

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.

(d) a description of potential impacts of the planned activity, including key environmental and any associated impacts, such as economic, social, cultural and human health impacts in line with article 31.1 of the BBNJ agreement, including potential cumulative impacts and any impacts of the activity in areas within national jurisdiction;

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. At the request of a Member State, the Commission shall provide technical assistance in that regard.

Amendment 31

Proposal for a directive

Article 118 – paragraph 26

Text proposed by the Commission

Amendment

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

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.

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), including in the environmental impact assessment process, and shall, for that purpose, be entitled to express comments and opinions before a decision to authorise a planned activity is taken when all options are open to the competent authority or authorities.

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 those activities for which an environmental impact assessment has been carried out in accordance with the requirements of other international legal instruments or frameworks, Union law or by relevant global, regional, subregional or sectoral bodies, Member States concerned shall ensure:

(a) that the conditions under Article 29(4) of the BBNJ Agreement are met.

(b) that the environmental impact assessment report is published through the BBNJ Clearing-House Mechanism, and

(c) that the activity for which the environmental impact assessment has been carried out is monitored.

Amendment 32

Proposal for a directive

Article 118 – paragraph 3 – point b7

Text proposed by the Commission

Amendment

(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.

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.

(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. In the case of fisheries activities, the relevant RFMOs shall be consulted.

7. For planned activities under Member States’ jurisdiction or control that take place in areas within national jurisdiction and are likely to cause substantial pollution or significant and harmful changes to 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, including any relevant monitoring reports, 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.

Amendment 33

Proposal for a directive

Article 129 – paragraph 2 – point b1

Text proposed by the Commission

Amendment

(b)1. anyIf conditionsa attachedplanned toactivity themay decision,have more than a descriptionminor ofor anytransitory featureseffect on the marine environment in areas beyond national jurisdiction, or the effects of the plannedactivity are unknown or poorly understood, the Member State with jurisdiction or control of the activity and/orshall measuresconduct envisageda screening in order to avoid,determine preventwhether orthe reduceactivity anymay cause substantial pollution of or significant and harmful changes to the marine environment as well as monitoring measures. Where appropriate, theseand measurestherefore mayshall be incorporated intomade ansubject environmentalto managementan plan.assessment.

(b)1. anyIf conditionsa attachedplanned toactivity themay decision,have more than a descriptionminor ofor anytransitory featureseffect ofon the planned activitymarine and/orenvironment measuresin envisagedareas tobeyond avoid,national preventjurisdiction, or reducethe anyeffects substantialof pollutionthe ofactivity are unknown or significantpoorly andunderstood harmfulthe changesMember toState with jurisdiction or control of the marineactivity environmentshall asconduct wella asscreening monitoringin measures.order Whereto appropriate,determine thesewhether measuresthe activity may because incorporatedsubstantial intopollution anof environmentalor managementsignificant plan.and Theharmful decisionchanges shallto takethe marine environment, taking into account the associatedprecautionary impacts,principle, suchwhere asthere economic,is social,scientific culturaluncertainty and humantherefore healthshall impacts,be includingmade socioeconomicsubject impactsto onan sectorsassessment, andunless communities.the conditions laid down in Article 8 (6) are met.

Amendment 34

Proposal for a directive

Article 1210 – paragraph 4 – point j a (new)

Text proposed by the Commission

Amendment

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.

(ja) where relevant, a description of any associated impacts of the planned activity, such as economic, social, cultural and human health impacts, including effects on food security, employment, and regional economies, in line with Articles 31 and 35 of the BBNJ Agreement.

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 to the public any conditions of approval, including conditions related to mitigation measures and follow-up requirements, and 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.

Amendment 35

Proposal for a directive

Article 1310 – paragraph 1 a (new)5

Text proposed by the Commission

Amendment

1a. The Commission may, in collaboration with Member States, participate in the monitoring referred to in paragraph 1 with its agencies, in particular the European Maritime Safety Agency (EMSA), the European Fisheries Control Agency (EFCA) and the European Space Agency (ESA). In the case of fisheries activities, Member States may use data collected from fishing activities in the context of RMFOs.

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.

5. In order to ensure the completeness and quality of the environmental impact assessment reports, Member States shall ensure that the reports are prepared by competent and independent experts and shall require from these experts to disclose any conflict of interest in relation to their role and responsibilities. Member States shall ensure that the competent authorities have sufficient expertise, or have access as necessary to it, to examine these reports.

Amendment 36

Proposal for a directive

Article 1412 – paragraph 1

Text proposed by the Commission

Amendment

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.

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.

Member States shall ensure that, in line with the implementation of the Aarhus Convention, 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 and 16 to 19.

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 substantial pollution or significant and harmful changes to the marine environment.

Amendment 37

Proposal for a directive

Article 1412 – paragraph 12 a– (new)point a

Text proposed by the Commission

Amendment

The review procedures referred to in paragraph 1 shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary.

(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;

(a) a conclusion of the competent authority on the likely substantial pollution or significant and harmful changes to the marine environment by the planned activity and the main reasons for the authorisation;

Amendment 38

Proposal for a directive

Article 1412 – paragraph 1 b (new)4

Text proposed by the Commission

Amendment

Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.

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.

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 to the public any conditions set out in the authorisation of the planned activity, including conditions related to mitigating and compensatory measures and follow-up requirements, and 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.

Amendment 39

Proposal for a directive

Article 1613 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

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.

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:

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 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, upon receipt. Member States may submit proposals for emergency measures under Article 24(3) of the Agreement directly to the BBNJ Secretariat.

Where a Member State with jurisdiction or control over an authorised activity identifies substantial pollution or 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:

Amendment 40

Proposal for a directive

Article 1614 – paragraph 21

Text proposed by the Commission

Amendment

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.

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.

deleted

1. In line with the objective of contributing to the implementation of the Aarhus Convention, 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 and 16 to 19, where at least one of the following conditions is met:

(a) they have a sufficient interest;

(b) they maintain the impairment of a right, where the administrative procedural law of a Member State requires such an impairment as a precondition.

Amendment 41

Proposal for a directive

Article 1614 – paragraph 31 a (new)

Text proposed by the Commission

Amendment

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.

1a. Member States shall determine what constitutes a sufficient interest and impairment of a right consistently with the objective of giving the public concerned wide access to justice. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting the requirements under national law shall be deemed sufficient for the purpose of paragraph 1, point (a). Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1, point (b).

3. Within 30 days of the deadline on Member States to comment as laid down in paragraph 1, 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.

Amendment 42

Proposal for a directive

Article 1714 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

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.

1b. Legal standing under the review procedure shall not be conditional on the role that the member of the public concerned had during a participatory phase of the decision-making procedures under this Directive.

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, taking into account the precautionary approach and an ecosystem approach.

Amendment 43

Proposal for a directive

Article 1714 – paragraph 21 c (new)

Text proposed by the Commission

Amendment

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.

1c. Member States shall determine at what stage the decisions, acts or omissions, referred to in paragraph 1, may be challenged.

2. Member States shall collaborate and consult, as appropriate, with stakeholders, including states and global, regional, subregional and sectoral bodies, inter aliaRMFOs, as well as civil society, the scientific community, the private sector, indigenous peoples and local communities, for the development of proposals referred to in this Chapter.

Amendment 44

Proposal for a directive

Article 1714 – paragraph 41 ad (new)

Text proposed by the Commission

Amendment

4a. Member States shall make information relating to the establishment of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

1d. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms, including injunctive relief, where appropriate.

Amendment 45

Proposal for a directive

Article 1814 – paragraph 1 e (new)

Text proposed by the Commission

Amendment

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.

1e. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures referred to in this Article.

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

Amendment 46

Proposal for a directive

Article 1815 – paragraph 21

Text proposed by the Commission

Amendment

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 they are members, to support the implementation of the decisions and recommendations made by the Conference of the Parties under Part III of the BBNJ Agreement.

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 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.

2. Member States and the Commission, where applicable, shall promote, as appropriate, the adoption of measures under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies of which they are members, to support the implementation of the decisions and recommendations adopted by the Conference of the Parties under Part III of the BBNJ Agreement. They may participate in coordination between these bodies or between protected areas where they are interconnected.

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.

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 programmes on the marine environment.

Amendment 47

Proposal for a directive

Article 1816 – paragraph 2 a (new)1

Text proposed by the Commission

Amendment

2a. Member States shall encourage those third countries that are entitled to become parties to the BBNJ Agreement, in particular those whose activities, vessels or nationals operate in an area that is the subject of an established area- based management tool, including a marine protected area, to adopt measures supporting the decisions and recommendations of the Conference of the Parties on area-based management tools, including marine protected areas, established under the BBNJ Agreement.

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.

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 without delay. Member States may submit comments on the draft proposal or emergency measures 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.

Amendment 48

Proposal for a directive

Article 1816 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. Member States shall make information relating to the implementation of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

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.

deleted

Amendment 49

Proposal for a directive

Article 1816 – paragraph 2 c (new)3

Text proposed by the Commission

Amendment

2c. The Commission, based on the information from the Member States, shall submit biannual reports to the European Parliament on the implementation measures adopted under this Directive and on global developments regarding the implementation of the BBNJ Agreement, including information on compliance, enforcement and scientific monitoring.

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.

3. The Commission shall examine the draft proposal or draft emergency measure and comments received under paragraph 1 and present within 30 days of the deadline on Member States to comment a legal assessment of whether or not the draft proposal or draft emergency measure received under that paragraph should be submitted to the BBNJ Secretariat by the Commission on behalf of the Union. The legal assessment shall be made available to all the Member States.

Amendment 50

Proposal for a directive

Article 1916 – paragraph 13 a (new)

Text proposed by the Commission

Amendment

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.

3a. Where the Commission concludes in its legal assessment that a draft proposal or draft emergency measure should be submitted on behalf of the Union or the Union and its Member States, the Commission shall proceed with the submission to the BBNJ Secretariat, where relevant, together with the Member States.

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. Member States shall ensure that consultations on proposals submitted under Article 17 of this Directive are inclusive, transparent and open to all relevant stakeholders, including States and global, regional, subregional and sectoral bodies, including RFMOs, as well as civil society, the scientific community, Indigenous Peoples and local communities.

Amendment 51

Proposal for a directive

Article 2016 – paragraph 23 b (new)

Text proposed by the Commission

Amendment

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.

3b. Where the Commission concludes in its legal assessment that a draft proposal or draft emergency measure should not be submitted on behalf of the Union, the Member State or group of Member States that sent the draft may proceed with the submission to the BBNJ Secretariat on their own behalf.

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 and to comply with the EU’s international obligations in the best way.

Amendment 52

ANNEX: DECLARATION OF INPUT

Proposal for a directive

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for opinion declares that she included in her opinion input on matters pertaining to the subject of the file that she received, in the preparation of the opinion, prior to the adoption thereof in committee, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:

Article 16 – paragraph 3 c (new)

1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register

Text proposed by the Commission

High Seas Alliance

Amendment

2. Representatives of public authorities of third countries, including their diplomatic missions and embassies

3c. Without prejudice to paragraphs 1 to 3b of this Article, a Member State or a group of Member States may submit a proposal for an emergency measure under Article 24(3) of the BBNJ Agreement directly to the BBNJ Secretariat. The Member State or group of Member States concerned shall inform the Commission and the other Member States and make the submitted proposal available to them without delay.

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

Amendment 53

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for opinion declares that she has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

Proposal for a directive

PROCEDURE – COMMITTEE ASKED FOR OPINION

Article 16 – paragraph 3 d (new)

Title

Text proposed by the Commission

Conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction

Amendment

References

3d. Member States and the Commission shall endeavour to cooperate closely and consult each other regularly, in good faith, in the establishment, assessment and prior to the submission to the BBNJ Secretariat of any proposal for area-based management tools and emergency measures.

COM(2025)0173 – C10-0074/2025 – 2025/0090(COD)

Amendment 54

Committee(s) responsible

Proposal for a directive

Date announced in plenary

Article 17 – paragraph 2

ENVI

Text proposed by the Commission

7.7.2025

Amendment

Opinion by

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.

Date announced in plenary

2. Member States shall consult, as appropriate, with relevant 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, for the development of proposals referred to in this Chapter.

PECH

Amendment 55

7.7.2025

Proposal for a directive

Rapporteur for the opinion

Article 17 – paragraph 4 a (new)

Date appointed

Text proposed by the Commission

Emma Fourreau

Amendment

5.6.2025

4a. Member States shall make information relating to the establishment of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

Discussed in committee

Amendment 56

4.9.2025

Proposal for a directive

Date adopted

Article 18 – paragraph 1 a (new)

16.10.2025

Text proposed by the Commission

Result of final vote

Amendment

+:

1a. Member States may adopt more stringent measures with respect to their nationals and vessels or with regard to activities under their jurisdiction or control in addition to those adopted under Part III of the BBNJ Agreement, in accordance with international law and in support of the objectives of the Agreement.

–:

Amendment 57

0:

Proposal for a directive

22

Article 18 – paragraph 2

4

Text proposed by the Commission

0

Amendment

Members present for the final vote

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 they are members, to support the implementation of the decisions and recommendations made by the Conference of the Parties under Part III of the BBNJ Agreement.

Thomas Bajada, Asger Christensen, Carmen Crespo Díaz, Siegbert Frank Droese, Emma Fourreau, Nora Junco García, Isabella Lövin, Giuseppe Lupo, Francisco José Millán Mon, Jessica Polfjärd, Bert-Jan Ruissen, Sander Smit, Emma Wiesner

2. Member States and the Commission shall promote, as appropriate the adoption of measures, and collaborate with consideration for competences, under relevant legal instruments, frameworks and relevant global, regional, subregional and sectoral bodies to support and facilitate the implementation of the decisions and recommendations adopted by the Conference of the Parties under Part III of the BBNJ Agreement.

Substitutes present for the final vote

Amendment 58

Carlo Ciccioli, Anna Maria Cisint, Marco Falcone, Luke Ming Flanagan, Idoia Mendia, Eric Sargiacomo, Michal Wiezik

Proposal for a directive

Members under Rule 216(7) present for the final vote

Article 18 – paragraph 2 a (new)

Paolo Borchia, Herbert Dorfmann, Camilla Laureti, Michele Picaro, Giusi Princi, Isabella Tovaglieri

Text proposed by the Commission

FINAL VOTE BY ROLL CALL BY THE COMMITTEE ASKED FOR OPINION

Amendment

Key to symbols:

2a. Member States shall make information relating to the implementation of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

Amendment 59

Proposal for a directive

Article 18 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. Member States shall encourage those third countries that are entitled to become parties to the BBNJ Agreement, in particular those whose activities, vessels or nationals operate in an area that is the subject of an established area- based management tool, including a marine protected area, to adopt measures supporting the decisions and recommendations of the Conference of the Parties on area-based management tools, including marine protected areas, established under the BBNJ Agreement.

Amendment 60

Proposal for a directive

Article 18 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

2c. The Commission, based on the information from the Member States, shall submit biannual reports to the European Parliament on the implementation measures adopted under this Directive and on global developments regarding the implementation of the BBNJ Agreement, including information on compliance, enforcement and scientific monitoring.