Sittings · Document

Draft report (COM(2025)0173 – C10-0074/2025 – 2025/0090(COD)) 2025-09-09

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

Committee on the Environment, Climate and Food Safety

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AM_Com_LegReport

Amendment 16

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

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

Or. fr

Amendment 17

Daniel Buda

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

(3a) This Directive shall apply with regard being had to the differences in administrative, economic and technological capacity between Member States, and the different starting points. It must be borne in mind that the impact of Union policies on Member States and sectors varies, in particular due to the Member States’ differing economic structures.

Or. ro

Amendment 18

Daniel Buda

Proposal for a directive

Recital 3 b (new)

Text proposed by the Commission

Amendment

(3b) The Commission shall support the Member States in the process of implementing this Directive, including through multiannual funding packages, which include effective transnational measures for the sustainable governance of water and ocean policies.

Or. ro

Amendment 19

Nora Junco García, Diego Solier, Emmanouil Fragkos, Geadis Geadi, Stephen Nikola Bartulica

Proposal for a directive

Recital 5

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.

(5) The Union is committed to stepping up efforts to tackle climate change in a manner that does not threaten food production, guided by its principles and on the basis of the best available scientific knowledge.

Or. en

Amendment 20

Carmen Crespo Díaz

Proposal for a directive

Recital 5

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’), in a way that does not jeopardise food production, 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.

Or. es

Amendment 21

Aurelijus Veryga

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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.

(7) As parties to the Convention on Biological Diversity, the Union and its Member States acknowledge 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.

Or. en

Amendment 22

Nora Junco García, Diego Solier, Emmanouil Fragkos, Geadis Geadi, Stephen Nikola Bartulica

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

Or. en

Amendment 23

Carmen Crespo Díaz

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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, the goal that, by 2030, at least 30 % of the world’s oceans will be governed by systems of protected areas and other effective area-based conservation measures, 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.

Or. es

Amendment 24

Thomas Bajada

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a) In line with the BBNJ Agreement, all Parties should cooperate, as appropriate, with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies. In this context, Regional Fisheries Management Organisations (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 the competences of RFMOs and the obligations of the Union and its Member States under existing EU law and international agreements. At the same time, the Union and its Member States should act within RFMOs to strengthen their scientific basis, ensure that their decisions are guided by the best available science, and promote consistency with the objectives of the BBNJ Agreement, so that fisheries management also contributes to the protection of marine biodiversity and ecosystems.

Or. en

Amendment 25

Christine Singer

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a) The use of the high seas is not only of ecological but also of significant economic and social importance, particularly for European fisheries, maritime energy production, science, and international trade. Measures to protect biodiversity should be reconciled with the needs of sustainable economic activities.

Or. en

Amendment 26

Thomas Bajada

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

(8a) Regulation (EU) No 1026/20121a of the European Parliament and of the Council establishes a framework to allow for the identification and the adoption of measures with regard to third countries that fail to cooperate and allow non-sustainable fishing of a stock of common interest for the Union. This regulation and the BBNJ Agreement are complementary instruments as regards international fisheries governance. The recent revision of the Regulation proposed by the Commission brings the existing law more in line with the evolving international legal framework, including the objectives of the BBNJ Agreement, by making possible for the Union to identify a third country as allowing non-sustainable fishing if, inter alia, it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the UNCLOS and the United Nations Fish Stocks Agreement1b (UNFSA), or with any other international agreement or rule of international law, and if it fails to adopt necessary fishery management measures. This cooperation may be established in the framework of the Regional Fisheries Management Organisations (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 fishery.

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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, OJ L 316, 14.11.2012, p 34, ELI: http://data.europa.eu/eli/reg/2012/1026/oj

1b Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, United Nations, Treaty Series, vol. 2167, p 3.

Or. en

Amendment 27

Aurelijus Veryga

Proposal for a directive

Recital 9

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.

(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 marine economy, taking into consideration the interests and needs of developing States.

Or. en

Amendment 28

Anne-Sophie Frigout

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(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.

deleted

Or. fr

Amendment 29

Daniel Buda

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a) The transition process is a strategic opportunity to modernise the national economy of every Member State, but under this Directive, a pragmatic and feasible approach and a fair, flexible framework tailored to the socio-economic realities of each Member State are needed to achieve this goal.

Or. ro

Amendment 30

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(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, the effectiveness of the adopted measures should not be undermined. 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 to the BBNJ Secretariat. It should be possible to adopt intersessionally an emergency measure, as it requires rapid response to prevent damage on biodiversity, ecosystems or fisheries. Member States should therefore be able to submit proposals for an emergency measure directly to the Secretariat.

Or. en

Amendment 31

Sander Smit

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(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 Union 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. Implementation of area-based management tools and conservation measures should be coordinated with regional fisheries management organisations (RFMOs) and other relevant international bodies to ensure consistency, avoid regulatory overlaps, and strengthen the Union’s role as a global leader in ocean governance.

Or. en

Amendment 32

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

Or. fr

Amendment 33

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(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 EU legislation. Pending transposition, Member States should not undermine the effectiveness of the measures adopted. In order to ensure EU level coordination, 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.

Or. en

Amendment 34

Rasmus Nordqvist

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(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 EU legislation. Pending transposition, Member States should not undermine the effectiveness of the measures adopted. In order to ensure EU level coordination, 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.

Or. en

Amendment 35

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Recital 15

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.

deleted

Or. fr

Amendment 36

Christine Singer

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a) Marine protected areas should be effectively established, based on a comprehensive impact assessment that considers ecological, social, and economic aspects.

Or. en

Amendment 37

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 38

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(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 environmental impact assessment in a transboundary context, signed in Espoo on 25 February 1991 and ratified on 24 June 1997. The obligations under this Convention 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.

Or. fr

Amendment 39

Rasmus Nordqvist, Li Andersson

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

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

Or. en

Amendment 40

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

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

deleted

__________________

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

Or. fr

Amendment 41

Daniel Buda

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) While the purpose of this Directive is to implement the BBNJ Agreement by avoiding contradictory requirements and providing for a framework that is fair for both researchers and industry, with clear and harmonised rules at Union level for activities taking place in areas beyond national jurisdiction, any activities to be conducted in areas within national jurisdiction that are likely to have significant effects on the marine environment in areas beyond national jurisdiction should be subject to an assessment in accordance with Directive 2011/92/EU of the European Parliament and of the Council, other relevant Union law that contains provisions related to environment assessments for planned activities and national laws transposing Union legislation. In accordance with Article 28(2) of the BBNJ Agreement, in the Union such activities conducted in areas within national jurisdiction should be assessed under established Union rules, while taking into account a pragmatic and feasible approach and a fair, flexible framework tailored to the socio-economic realities of each Member State. In those cases, Member States should ensure that they meet the obligations under the BBNJ Agreement, while also maintaining and improving the level of industry competitiveness and ensuring the existence and development of a level playing field.

__________________

8 OJ L 26, 28.1.2012, p. 1–21

Or. ro

Amendment 42

Thomas Bajada

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

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

(18) While the purpose of this Directive is to provide for a legal framework governing activities taking place in areas beyond national jurisdiction, any activities to be conducted in areas within national jurisdiction that are likely to 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 2011/92/EU of the European Parliament and of 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 28(2) of the BBNJ Agreement, in the EU such activities conducted in areas within national jurisdiction should be assessed under established EU rules. In those cases, Member States should ensure that they meet the obligations under the BBNJ Agreement.

__________________

8 OJ L 26, 28.1.2012, p. 1–21

Or. en

Amendment 43

Rasmus Nordqvist

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

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

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

Or. en

Justification

To have better alignment with Article 29.4 of BBNJ Agreement.

Amendment 44

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

Or. en

Justification

To have better alignment with Article 29.4 of BBNJ Agreement.

Amendment 45

Carmen Crespo Díaz

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

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

Or. es

Amendment 46

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(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.

deleted

__________________

10 OJ L 197, 21.7.2001, p. 30–37

Or. fr

Amendment 47

Thomas Bajada

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(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.

__________________

10 OJ L 197, 21.7.2001, p. 30–37

Or. en

Amendment 48

Thomas Bajada

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(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.

(21) When determining the likelihood of causing substantial pollution of or significant and harmful changes to the marine environment by 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.

Or. en

Amendment 49

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 50

Rasmus Nordqvist, Li Andersson

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24) This Directive is in line with Article 47 of the Charter of Fundamental Rights and implements the obligation under the Aarhus Convention to guarantee access to justice in environmental matters. It should be possible for the public affected or likely to be affected by, or having an interest in, the environmental decision-making, to have access to review of decisions taken by Member States under this Directive. Non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest.

Or. en

Amendment 51

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 52

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

(25a) 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. The Commission and Member States should thus develop a common coordinated approach and mechanisms for ensuring coherence with the work undertaken within those instruments, framework and bodies, such as in Regional Fisheries Management Organisations (RFMOs) 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.

Or. en

Amendment 53

Rasmus Nordqvist

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

(25a) 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. The Commission and Member States should thus develop a common coordinated approach and mechanisms for ensuring coherence with the work undertaken within those instruments, framework and bodies such as in Regional Fisheries Management Organisations (RFMOs) 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.

Or. en

Amendment 54

Rasmus Nordqvist

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Directive establishes minimum rules regarding implementation within the European Union of the Agreement (‘the BBNJ Agreement’ or ‘the Agreement’) under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction. 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 the establishment and implementation of area-based management tools and emergency measures.

Or. en

Amendment 55

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 56

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article premier – paragraph 1

Text proposed by the Commission

Amendment

This Directive allows the Member States the freedom to determine, each in accordance with its legal system, how the BBNJ Agreement (‘the BBNJ Agreement’ or ‘the Agreement’) under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction should potentially be implemented.

Or. fr

Amendment 57

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 2 – paragraph 1 – point e

Text proposed by the Commission

Amendment

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

Or. en

Amendment 58

Rasmus Nordqvist

Proposal for a directive

Article 2 – paragraph 1 – point e

Text proposed by the Commission

Amendment

Or. en

Amendment 59

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 2 – paragraph 1 – point i

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;

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

Or. en

Amendment 60

Rasmus Nordqvist

Proposal for a directive

Article 2 – paragraph 1 – point i

Text proposed by the Commission

Amendment

Or. en

Amendment 61

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 2 – paragraph 1 – point j

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;

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

Or. en

Justification

Needed for clarity to ensure that private individuals are included in definition of private entities.

Amendment 62

Rasmus Nordqvist

Proposal for a directive

Article 2 – paragraph 1 – point j

Text proposed by the Commission

Amendment

Or. en

Justification

Needed for clarity to ensure that private individuals are included in definition of private entities.

Amendment 63

Rasmus Nordqvist, Li Andersson

Proposal for a directive

Article 2 – paragraph 1 – point m

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 64

Rasmus Nordqvist

Proposal for a directive

Article 2 – paragraph 1 – point n

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;

(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.)

Or. en

Justification

The capitalisation of Indigenous Peoples applies throughout the text. This is common practice across international bodies, including the UN, and is used in the BBNJ agreement itself. There is no rationale to deviate from this UN current practice. It is a sign of respect for these collective groups and their distinct identities.

Amendment 65

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 2 – paragraph 1 – point n

Text proposed by the Commission

Amendment

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

Or. en

Justification

Amendment 66

Thomas Bajada

Proposal for a directive

Article 2 – paragraph 1 – point s

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 67

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article 2 – paragraph 1 – point s a (new)

Text proposed by the Commission

Amendment

(sa) ‘indigenous peoples’ and ‘local communities’ mean all of the individuals and inhabitants of the coastal areas of the Member States, or the Member States themselves.

Or. fr

Amendment 68

Thomas Bajada

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. This Directive applies to planned activities under Member States’ jurisdiction or control that take place 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. It sets out rules applicable to activities with respect to marine genetic resources and digital sequence information, environmental assessments of planned activities under the jurisdiction or control of Member States that take place in areas beyond national jurisdiction, as well as the establishment and implementation of area-based management tools and emergency measures.

Or. en

Amendment 69

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Or. en

Justification

Art 3 of BBNJ regarding the scope of the application does not limit it to "planned" activities. Planned activities is only relevant to part IV of the agreement on EIAs.

Amendment 70

Rasmus Nordqvist

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Or. en

Justification

Art 3 of BBNJ regarding the scope of the application does not limit it to "planned" activities. Planned activities is only relevant to part IV of the agreement on EIAs.

Amendment 71

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

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

Or. en

Justification

To transpose Article 3 of the BBNJ Agreement correctly.

Amendment 72

Rasmus Nordqvist

Proposal for a directive

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Justification

To transpose Article 3 of the BBNJ Agreement correctly.

Amendment 73

Rasmus Nordqvist

Proposal for a directive

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

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

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

Or. en

Justification

Likewise for amendment to Art 3.1, there is no need to refer to "planned" activities.

Amendment 74

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

Or. en

Justification

Likewise for amendment to Art 3.1, there is no need to refer to "planned" activities.

Amendment 75

Carmen Crespo Díaz

Proposal for a directive

Article 3 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. This Directive shall 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.

Or. es

Amendment 76

Nora Junco García, Diego Solier, Emmanouil Fragkos, Geadis Geadi, Giuseppe Milazzo, Stephen Nikola Bartulica

Proposal for a directive

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. This Directive shall 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.

Or. en

Amendment 77

Rasmus Nordqvist

Proposal for a directive

Article 3 a (new)

Text proposed by the Commission

Amendment

Article 3 a

General principles and approaches

In implementing this Directive, Member States shall take due account of the following principles and approaches:

(a) The polluter-pays principle;

(b) The principle of the common heritage of humankind which is set out in the Convention;

(d) The principle of equity and the fair and equitable sharing of benefits;

(e) The precautionary principle or precautionary approach, as appropriate;

(f) An ecosystem approach;

(g) An integrated approach to ocean management;

(h) An approach that builds ecosystem resilience, including to adverse effects of climate change and ocean acidification, and also maintains and restores ecosystem integrity, including the carbon cycling services that underpin the role of the ocean in climate;

(i) The use of the best available science and scientific information;

(j) The use of relevant traditional knowledge of Indigenous Peoples and local communities, where available;

(k) The respect, promotion and consideration of their respective obligations, as applicable, relating to the rights of Indigenous Peoples or of, as appropriate, local communities when taking action to address the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction;

(l) The non-transfer, directly or indirectly, of damage or hazards from one area to another and the non-transformation of one type of pollution into another in taking measures to prevent, reduce and control pollution of the marine environment;

(m) Full recognition of the special circumstances of small island developing states and of least developed countries;

(n) Acknowledgement of the special interests and needs of landlocked developing countries.

Or. en

Justification

To transpose Article 7 of the BBNJ Agreement. Wording altered to "take due account" instead of "be guided by".

Amendment 78

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 3 a (new)

Text proposed by the Commission

Amendment

Article 3 a

General principles and approaches

In implementing this Directive, Member States shall take due account of the following principles and approaches:

(a) The polluter-pays principle;

(b) The principle of the common heritage of humankind which is set out in the Convention;

(d) The principle of equity and the fair and equitable sharing of benefits;

(e) The precautionary principle or precautionary approach, as appropriate;

(f) An ecosystem approach;

(g) An integrated approach to ocean management;

(i) The use of the best available science and scientific information;

(j) The use of relevant traditional knowledge of Indigenous Peoples and local communities, where available;

(m) Full recognition of the special circumstances of small island developing states and of least developed countries;

(n) Acknowledgement of the special interests and needs of landlocked developing countries.

Or. en

Justification

To transpose Article 7 of the BBNJ Agreement. Wording altered to "take due account" instead of "be guided by".

Amendment 79

Sander Smit

Proposal for a directive

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

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

(a) fishing regulated under applicable international and Union law, including the Common Fisheries Policy law and fishing-related activities; and

Or. en

Amendment 80

Aurelijus Veryga

Proposal for a directive

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 81

Nora Junco García, Diego Solier, Emmanouil Fragkos, Geadis Geadi, Giuseppe Milazzo, Stephen Nikola Bartulica

Proposal for a directive

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 82

Carmen Crespo Díaz

Proposal for a directive

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

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

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

Or. es

Amendment 83

Sakis Arnaoutoglou

Proposal for a directive

Article 6 – paragraph 2 – point i

Text proposed by the Commission

Amendment

(i) the extent to which it is considered that states parties to the BBNJ Agreement that may need and request technical assistance, in particular developing states, should be able to participate or to be represented in the research project; Member States shall ensure that utilisation of marine genetic resources and digital sequence information originating from areas beyond national jurisdiction contributes to fair and equitable benefit-sharing, including through financial contributions, technology transfer, or capacity-building for developing states, in line with the objectives of the BBNJ Agreement;

Or. en

Amendment 84

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article 6 – paragraph 2 – point j

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 85

Anne-Sophie Frigout

Proposal for a directive

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Information subject to a public notification obligation shall be limited to metadata (location, method, research programme), whereas sensitive scientific data such as genetic sequences with high potential for economic use shall be deposited on a restricted-access basis in secure registers hosted by the Clearing House.

Or. fr

Amendment 86

Sander Smit

Proposal for a directive

Article 6 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. Member States shall, where possible, reuse existing Union data collection and reporting systems (such as EMODnet and Copernicus) for BBNJ notifications and deposits, to avoid duplication and reduce administrative burden for researchers, fishers, and competent authorities.

Or. en

Amendment 87

Anne-Sophie Frigout

Proposal for a directive

Article 6 – paragraph 8 a (new)

Text proposed by the Commission

Amendment

8a. The Member States shall ensure that notifications of information concerning the commercial use of marine genetic resources do not infringe on either the protection of intellectual property rights or the preservation of trade secrets. Data relating to patents pending or pre-commercial development activities shall be expressly excluded from the notification obligation.

Or. fr

Amendment 88

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

Article6a

Traditional knowledge of Indigenous Peoples and local communities associated with marine genetic resources in areas beyond national jurisdiction

Member States shall take legislative, administrative or policy measures, where relevant and as appropriate, with the aim of ensuring that traditional knowledge associated with marine genetic resources in areas beyond national jurisdiction that is held by Indigenous Peoples and local communities, shall only be accessed with the free, prior and informed consent or approval and involvement of these Indigenous Peoples and local communities. The access to and use of such traditional knowledge shall be on mutually agreed terms.

Or. en

Justification

This is Article 13 of the BBNJ Agreement, which should also be transposed into this Directive.

Amendment 89

Rasmus Nordqvist

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6 a

Traditional knowledge of Indigenous Peoples and local communities associated with marine genetic resources in areas beyond national jurisdiction

Or. en

Justification

This is Article 13 of the BBNJ Agreement, which should also be transposed into this Directive.

Amendment 90

Anne-Sophie Frigout

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 91

Anne-Sophie Frigout

Proposal for a directive

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

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

Secure registers offering limited access for third parties can be used for deposits provided that the information is made public only after the expiry of the associated intellectual property rights, or alternatively after the end of the period of trade secret protection.

Or. fr

Amendment 92

Marc Jongen

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

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

2. An environmental impact assessment shall only be required where, on the basis of established scientific evidence, there is a demonstrable risk of significant pollution or significant harmful changes to the marine environment.

Or. en

Amendment 93

Daniel Buda

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

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

(2) The assessment referred in paragraph 1 may be integrated into Member States’ existing procedures for the authorisation of planned activities. At the request of a Member State, the Commission shall promptly provide technical assistance to this end.

Or. ro

Amendment 94

Daniel Buda

Proposal for a directive

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

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

Or. ro

Amendment 95

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 8 – paragraph 6

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.

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, provided that the Member States with jurisdiction or control over the planned activity determine that the potential impacts of the planned activity or category of activity have been assessed in accordance with the requirements of other relevant legal instruments or frameworks or by relevant global, regional, subregional or sectoral bodies; and that:

(a) the assessment already undertaken for the planned activity is equivalent to the one required under this Chapter and the results of the assessment are taken into account; or

(b) the regulations or standards of the relevant legal instruments or frameworks or relevant global, regional, subregional or sectoral bodies arising from the assessment were designed to prevent, mitigate or manage potential impacts below the threshold for environmental impact assessments set out in Article 30 of the BBNJ Agreement and they have been complied with.

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.

Or. en

Amendment 96

Rasmus Nordqvist

Proposal for a directive

Article 8 – paragraph 6

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, provided that the Member States with jurisdiction or control over the planned activity determine that the potential impacts of the planned activity or category of activity have been assessed in accordance with the requirements of other relevant legal instruments or frameworks or by relevant global, regional, subregional or sectoral bodies; and that:

(a) the assessment already undertaken for the planned activity is equivalent to the one required under this Chapter and the results of the assessment are taken into account; or

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.

Or. en

Amendment 97

Nora Junco García, Diego Solier, Emmanouil Fragkos, Geadis Geadi, Giuseppe Milazzo, Stephen Nikola Bartulica

Proposal for a directive

Article 8 – paragraph 6

Text proposed by the Commission

Amendment

6. This Chapter does not apply to planned activities or categories of activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction, whose potential impacts have been assessed 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. When an environmental impact assessment has been conducted under a relevant legal instrument or framework or relevant global, regional, subregional or sectoral body, 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.

Or. en

Amendment 98

Carmen Crespo Díaz

Proposal for a directive

Article 8 – paragraph 6

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, including the EU’s Common Fisheries Policy. 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.

Or. es

Amendment 99

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 8 – paragraph 7

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.

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.

Or. en

Amendment 100

Rasmus Nordqvist

Proposal for a directive

Article 8 – paragraph 7

Text proposed by the Commission

Amendment

Or. en

Amendment 101

Thomas Bajada

Proposal for a directive

Article 8 – paragraph 7

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 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 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.

Or. en

Amendment 102

Sakis Arnaoutoglou

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 103

Sakis Arnaoutoglou

Proposal for a directive

Article 9 – paragraph 4 – point e

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;

(e) the potential impacts of the planned activity, including the potential cumulative impacts and the potential impacts in areas within national jurisdiction. Cumulative impacts shall explicitly include the effects of climate change, ocean acidification, plastic pollution, and other anthropogenic stressors on marine ecosystems;

Or. en

Amendment 104

Katri Kulmuni

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 105

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article 10 – paragraph 5

Text proposed by the Commission

Amendment

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.

deleted

Or. fr

Amendment 106

Thomas Bajada

Proposal for a directive

Article 10 – paragraph 5

Text proposed by the Commission

Amendment

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, who are independent and disclose any conflict of interest, and that the competent authorities have, or have access as necessary to, sufficient expertise to examine these reports.

Or. en

Amendment 107

Sander Smit

Proposal for a directive

Article 10 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Environmental impact assessments shall include an evaluation of the socio-economic consequences of proposed activities, including effects on food security, employment, and regional economies, and shall propose, where appropriate, compensatory measures to mitigate negative impacts.

Or. en

Amendment 108

Daniel Buda

Proposal for a directive

Article 11 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

(1) Member States shall ensure that, subject to compliance with legislation and accepted legal practices in relation to industrial and trade secrecy, including the right to intellectual property, the following information is made available to the public, including through the BBNJ Clearing-House Mechanism and the BBNJ secretariat:

Or. ro

Amendment 109

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article 11 – paragraph 1 – point f

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Amendment 110

Sakis Arnaoutoglou

Proposal for a directive

Article 11 – paragraph 1 – point f

Text proposed by the Commission

Amendment

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

(f) details of the arrangements for public participation made under paragraph 4. Consultations shall be conducted in a manner that ensures meaningful participation of civil society, indigenous peoples, and local communities, particularly from developing countries, and that their views are duly reflected in the outcome of the decision-making process.

Or. en

Amendment 111

Christine Singer

Proposal for a directive

Article 11 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The Member States shall ensure that during the consultations under this Directive, economic operators, particularly from the fields of fisheries, shipping, maritime energy, and biotechnology research, are appropriately involved.

Or. en

Amendment 112

Thomas Bajada

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

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.

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 of or significant and harmful changes to on the marine environment.

Or. en

Amendment 113

Thomas Bajada

Proposal for a directive

Article 12 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(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 of or significant and harmful changes to the marine environment by the planned activity and the main reasons for the authorisation;

Or. en

Amendment 114

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 12 – paragraph 4

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.

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.

Or. en

Amendment 115

Rasmus Nordqvist

Proposal for a directive

Article 12 – paragraph 4

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 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.

Or. en

Amendment 116

Thomas Bajada

Proposal for a directive

Article 13 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

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:

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

Or. en

Amendment 117

Daniel Buda

Proposal for a directive

Article 13 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

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

(4) Member States shall ensure that, subject to compliance with legislation and accepted legal practices in relation to industrial and trade secrecy, including the right to intellectual property, the following is made available to the public, including through the BBNJ Clearing-House Mechanism:

Or. ro

Amendment 118

Christine Singer

Proposal for a directive

Article 13 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The Member States and the Commission shall ensure that this Directive is implemented in an innovation-friendly manner by means of support for technological developments in the area of sustainable fishing methods, renewable offshore energy and marine research.

Or. de

Amendment 119

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article 14

Text proposed by the Commission

Amendment

Article 14

deleted

Access to justice

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

Or. fr

Amendment 120

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 121

Thomas Bajada

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

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, 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 administrative procedural law of a Member State requires this as a precondition.

2. 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 this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 1(a). Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b).

3. Standing in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures under this Directive.

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

5. 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.

6. 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.

Or. en

Amendment 122

Rasmus Nordqvist, Li Andersson

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1. 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 4 to 13 and 15 to 19, regardless of the role members of the public concerned have played during the preparations of these acts or decisions.

2. Review procedures referred to 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.

3. 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.

Or. en

Amendment 123

Laurent Castillo

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that, under the provisions of the Aarhus Convention and 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.

Or. fr

Amendment 124

Katri Kulmuni

Proposal for a directive

Chapter 4

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Justification

Chapter 4 of the proposed directive is not necessary. There is no need to change the division of competences between the Member States and the Union. The practical arrangements for the internal Union procedure outlined in the chapter for the Conference of Participants to be established under the BBNJ Agreement could also be agreed through procedures other than binding EU legislation.

Amendment 125

Anne-Sophie Frigout

Proposal for a directive

Article 16

Text proposed by the Commission

Amendment

Article 16

deleted

Proposal for the establishment of area-based management tools

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

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

Or. fr

Amendment 126

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 16 – title

Text proposed by the Commission

Amendment

Proposal for the establishment of area-based management tools

Coordination for collective submission of proposal for the establishment of area-based management tools

Or. en

Amendment 127

Rasmus Nordqvist

Proposal for a directive

Article 16 – title

Text proposed by the Commission

Amendment

Proposal for the establishment of area-based management tools

Coordination for collective submission of proposal for the establishment of area-based management tools

Or. en

Amendment 128

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 129

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 16 – paragraph 1

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 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.

Member States should be able to submit proposals for emergency measures under Article 24(3) of the Agreement directly to the Secretariat.

Or. en

Amendment 130

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

It is important to provide a clear timeline for each step of the process to enable efficient EU coordination of ABMTs.

Amendment 131

Rasmus Nordqvist

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

It is important to provide a clear timeline for each step of the process to enable efficient EU coordination of ABMTs.

Amendment 132

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 133

Thomas Bajada

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 134

Marc Jongen

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 135

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

This is an incomplete repetition of paragraph 3.

Amendment 136

Rasmus Nordqvist

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

This is an incomplete repetition of paragraph 3.

Amendment 137

Mathilde Androuët, Anne-Sophie Frigout, Aleksandar Nikolic

Proposal for a directive

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. fr

Amendment 138

Nora Junco García, Diego Solier, Emmanouil Fragkos, Geadis Geadi, Giuseppe Milazzo, Stephen Nikola Bartulica

Proposal for a directive

Article 16 – paragraph 3

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 should refrain from submitting the proposal or emergency measure referred to in paragraph 1 to the BBNJ Secretariat, unless they deem it necessary to act in their national capacity. Where the preliminary assessment concludes that the submission should be made on behalf of the Union, Member States shall endeavour to coordinate accordingly.

Or. en

Amendment 139

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. Within 30 days following the deadline for 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.

Or. en

Justification

It is important to provide a clear timeline for each step of the process to enable efficient EU coordination of ABMTs.

Amendment 140

Rasmus Nordqvist

Proposal for a directive

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

Or. en

Justification

It is important to provide a clear timeline for each step of the process to enable efficient EU coordination of ABMTs.

Amendment 141

Anne-Sophie Frigout

Proposal for a directive

Article 16 a (new)

Text proposed by the Commission

Amendment

Article 16a

Proposal for the establishment of area-based management tools

Acting either individually or collectively, the Member States shall forward proposals under Article 19 of the BBNJ Agreement regarding the establishment of area-based management tools, or emergency measures under Article 24(3) of the BBNJ Agreement, to the Secretariat, in consultation with the International Maritime Organization (IMO), which shall be the relevant sectoral authority for the management of international maritime areas.

Or. fr

Amendment 142

Rasmus Nordqvist

Proposal for a directive

Article 17 – paragraph 2

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.

2. Member States shall collaborate and 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.

Or. en

Justification

To better align with Article 19(2) of the BBNJ Agreement, which also requires collaboration. This provision also applies to fisheries stakeholders.

Amendment 143

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Justification

To better align with Article 19(2) of the BBNJ Agreement, which also requires collaboration. This provision also applies to fisheries stakeholders.

Amendment 144

Daniel Buda

Proposal for a directive

Article 17 – paragraph 2

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.

(2) Member States shall consult, as appropriate, with 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, on the development of proposals referred to in this Chapter.

Or. ro

Amendment 145

Christine Singer

Proposal for a directive

Article 17 – paragraph 2

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 on the development of proposals referred to in this Chapter.

Or. en

Justification

"As appropriate" is not necessary. They should always be consulted.

Amendment 146

Carmen Crespo Díaz

Proposal for a directive

Article 17 – paragraph 3 – point j a (new)

Text proposed by the Commission

Amendment

(ja) the socio-economic implications of the proposed measures, including, where appropriate, compensatory measures to mitigate adverse effects on affected communities and sectors.

Or. es

Amendment 147

Nora Junco García, Diego Solier, Emmanouil Fragkos, Geadis Geadi, Giuseppe Milazzo, Stephen Nikola Bartulica

Proposal for a directive

Article 17 – paragraph 3 – point j a (new)

Text proposed by the Commission

Amendment

(ja) Socio-economic implications of the proposed measures, including, where appropriate, compensatory measures to mitigate adverse impacts on affected communities and sectors.

Or. en

Amendment 148

Christine Singer

Proposal for a directive

Article 17 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The establishment of marine protected areas is carried out with consideration for flexibility. The measures are reviewed at regular intervals to incorporate new scientific findings, technological developments, and socioeconomic impacts.

Or. en

Amendment 149

Sander Smit

Proposal for a directive

Article 17 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Establishing marine protected areas under the BBNJ framework shall be based on the best available scientific evidence, take into account the socio-economic impacts on fisheries and coastal communities, and ensure early and effective stakeholder consultation, including with fishers, regional bodies, scientists, and indigenous peoples.

Or. en

Amendment 150

Christine Singer

Proposal for a directive

Article 17 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The Commission shall advocate for a fair balance between protection interests and the legitimate use of the high seas by the contracting states within the framework of international negotiations, in order to ensure sustainable global solutions.

Or. en

Amendment 151

Li Andersson, Emma Fourreau, Nikolas Farantouris, Per Clausen, Anja Hazekamp

Proposal for a directive

Article 18 – paragraph 1 a (new)

Text proposed by the Commission

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 this Part III of the BBNJ Agreement, in accordance with international law and in support of the objectives of the Agreement.

Or. en

Justification

To align with BBNJ Article 25.2: Nothing in this Agreement shall prevent a Party from adopting more stringent measures with respect to its nationals and vessels or with regard to activities under its jurisdiction or control in addition to those adopted under this Part, in accordance with international law and in support of the objectives of the Agreement.

Amendment 152

Rasmus Nordqvist

Proposal for a directive

Article 18 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

Or. en

Justification

Amendment 153

Nora Junco García, Diego Solier, Emmanouil Fragkos, Geadis Geadi, Giuseppe Milazzo, Stephen Nikola Bartulica

Proposal for a directive

Article 18 – paragraph 2

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.

2. In taking decisions under this chapter, Member States and the European Commission shall respect the competences of, and not undermine, relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies. Where appropriate, they shall promote the adoption of measures within those same bodies and frameworks of which they are members, in order 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.

Or. en

Amendment 154

Carmen Crespo Díaz

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. In taking decisions under this chapter, Member States and the European Commission shall respect the competences of, and not undermine, relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies. Where appropriate, they shall promote 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 and facilitate the implementation of the decisions and recommendations made by the Conference of the Parties under Part III of the BBNJ Agreement.

Or. es

Amendment 155

Christine Singer

Proposal for a directive

Article 18 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. When implementing this Directive, it must be ensured that the conservation of biodiversity in areas beyond national jurisdiction goes hand in hand with the sustainable use of marine resources, without unduly affecting the competitiveness of the European maritime sectors.

Or. en

Amendment 156

Anne-Sophie Frigout

Proposal for a directive

Article 19 – paragraph 1

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.

Member States may consult the relevant intergovernmental organisations in the context of a call for participation relating to the preparation of proposals intended to improve the management of areas beyond national jurisdiction. Input may also be solicited from non-governmental actors and civil society acting in an advisory capacity.

Or. fr

Amendment 157

Katri Kulmuni

Proposal for a directive

Article 22 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

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

Member States shall adopt and publish, by [18 months after entry into force – OP to insert the date] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Or. en