Sittings · Document
On the proposal for a Directive of the European Parliament and of the Council on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction
Committee on the Environment, Climate and Food Safety · Rapporteur: Michal Wiezik
PR_COD_1amCom
Symbols for procedures
* Consultation procedure
*** Consent procedure
***I Ordinary legislative procedure (first reading)
***II Ordinary legislative procedure (second reading)
***III Ordinary legislative procedure (third reading)
(The type of procedure depends on the legal basis proposed by the draft act.)
Amendments to a draft act
Amendments by Parliament set out in two columns
Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.
The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.
Amendments by Parliament in the form of a consolidated text
New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a Directive of the European Parliament and of the Council on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction
(COM(2025)0173 – C10-0074/2025 – 2025/0090(COD))
(Ordinary legislative procedure: first reading)
– having regard to the Commission proposal to Parliament and the Council (COM(2025)0173),
– having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C10-0074/2025),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of [...],
– having regard to the opinion of the Committee of the Regions of [...],
– having regard to Rule 60 of its Rules of Procedure,
– having regard to the opinion of the Committee on Fisheries,
– having regard to the report of the Committee on the Environment, Climate and Food Safety (A10-0000/2025),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
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) The EU biodiversity strategy for 2030, contained in the communication of the Commission of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 Bringing nature back into our lives’, sets out multiple objectives, including the aim of restoring the good environmental status of marine ecosystems and of facilitating the conclusion of an ambitious legally binding agreement on marine biological diversity of areas beyond national jurisdiction (BBNJ). As parties to the Convention on Biological Diversity, the Union and its Member States are committed to achieving the goals and targets of the Kunming-Montreal Global Biodiversity Framework, adopted at the fifteenth meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD) on 7-19 December 2022, together with the long-time strategic vision that, by 2050, biodiversity is to be valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people. Parties to the CBD, in accordance with the 2030 mission towards achieving the 2050 strategic vision, are to take urgent action to halt and reverse biodiversity loss to put nature on a path to recovery for the benefit of people and planet by conserving and sustainably using biodiversity and by ensuring the fair and equitable sharing of benefits from the use of genetic resources, while providing the necessary means of implementation of the CBD.
Or. en
Amendment 2
Proposal for a directive
Recital 20 a (new)
Text proposed by the Commission
Amendment
(20a) Directive 2001/42/EC lays down environmental assessment standards and procedural guarantees that are consistent with, and do not undermine, the obligations of the BBNJ Agreement. The application of Directive 2001/42/EC within areas under Member State jurisdiction or control contributes directly to fulfilling the strategic environmental assessment requirements set out in Article 39 of the BBNJ Agreement.
_________________
1a Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment
Or. en
Amendment 3
Proposal for a directive
Article 1 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
This Directive applies to areas beyond national jurisdiction. It sets out rules applicable to marine genetic resources and digital sequence information, environmental assessments of planned activities under the jurisdiction or control of Member States, as well as the establishment and implementation of area-based management tools and emergency measures.
Or. en
Justification
The amendment is aiming for an all-encompassing article on the subject matter. The amendment is linked to the deletion of the first paragraph of the Article 3 on the scope of the proposed Directive.
Amendment 4
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 an activity in the marine environment, that inter alia includes the execution of construction works, installations, schemes or other interventions, including regular activities aimed at utilising natural resources;
Or. en
Amendment 5
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.
deleted
Or. en
Justification
The text of the proposed Directive may seem as if other chapters apart from the Chapter 3 are not part for the scope. The scope is described together with the subject matter in an amendment on Article 1.
Amendment 6
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, determined by Member States as having met the conditions under Article 29 (4) of the BBNJ Agreement, have been carried out in accordance with the requirements of other relevant legal instruments or frameworks or by relevant global, regional, subregional or sectoral bodies.
The Member State concerned shall ensure that the environmental impact assessment report fulfilling the conditions of Article 33 (2) of the BBNJ Agreement, or alternatively the relevant information related to the screening process of Article 30, is published through the BBNJ Clearing-House Mechanism and that the activity is monitored.
Or. en
Amendment 7
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
Justification
Article 28(2), of the BBNJ Agreement, 'substantial pollution of or significant and harmful changes to the marine environment' and the Directive should mirror this language. In addition, the proposed Directive is not clearly requiring to make public the information on monitoring under the Party's process through the Clearing-House Mechanism. It is therefore included here.
Amendment 8
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 and therefore shall be made subject to an assessment, unless the conditions laid down in Article 8 (6) are met.
Or. en
Amendment 9
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.
5. In order to ensure the completeness and quality of the environmental impact assessment reports, Member States shall ensure that the reports are prepared by competent experts and that the competent authorities have, or have access as necessary to, sufficient expertise to examine these reports.
Or. en
Justification
Linguistic revision.
Amendment 10
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 11
Proposal for a directive
Article 15 – paragraph 1
Text proposed by the Commission
Amendment
Member States may, individually or in cooperation with other Member States or with other Parties to the BBNJ Agreement, carry out strategic environmental assessments for plans and programmes relating to planned activities under their jurisdiction or control to be conducted in areas beyond national jurisdiction, in order to assess the potential effects of such plans or programmes on the marine environment. Where Directive 2001/42/EC provides for an obligation to carry out a strategic environmental assessment, Member States shall comply with the provisions of that Directive when carrying out such assessments.
Where Directive 2001/42/EC provides for an obligation to carry out a strategic environmental assessment, Member States shall comply with the provisions of that Directive when carrying out such assessments.
Member States may also, individually or in cooperation with other Member States or with other Parties to the BBNJ Agreement, carry out strategic environmental assessments for plans and programmes relating to planned activities under their jurisdiction or control to be conducted in areas beyond national jurisdiction, in order to assess the potential effects of such plans or programmes on the marine environment.
Or. en
Amendment 12
Proposal for a directive
Article 16 – paragraph 2
Text proposed by the Commission
Amendment
2. The Commission shall present a preliminary assessment of the draft proposal or draft emergency measures received under paragraph 1 before Member States submit any proposal or draft to the BBNJ Secretariat. The aim of the preliminary assessment is to help determining whether the proposal or the emergency measure should be submitted or not on behalf of the Union, or the Union and its Member States.
deleted
Or. en
Amendment 13
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 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. en
Justification
The Agreement obliges Parties to, as appropriate, not only consult with but also collaborate with, the respective entities.
Amendment 14
Proposal for a directive
Article 17 – paragraph 4 a (new)
Text proposed by the Commission
Amendment
4a. Member States shall make information relating to the establishment of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.
Or. en
Justification
The Agreement reads '' The Clearing-House Mechanism shall serve as a centralized platform to enable Parties to access, provide and disseminate information with respect to activities taking place pursuant to the provisions of this Agreement, including information relating to the establishment and implementation of area-based management tools, including marine protected areas".
Amendment 15
Proposal for a directive
Article 18 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2a. Member States shall make information relating to the implementation of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.
Or. en
Justification
The Agreement reads '' The Clearing-House Mechanism shall serve as a centralized platform to enable Parties to access, provide and disseminate information with respect to activities taking place pursuant to the provisions of this Agreement, including information relating to the establishment and implementation of area-based management tools, including marine protected areas".
EXPLANATORY STATEMENT
Areas beyond national jurisdiction cover nearly two thirds of earth’s oceans. They belong to everyone and no one in particular. Our oceans are the earth’s largest ecosystem and they are suffering from accelerated biodiversity loss and ecosystem degradation, due, in particular, to the impact of climate change on marine ecosystems, such as warming and ocean deoxygenation, and ocean acidification, unsustainable use and exploitation of the oceans and pollution, such as plastic pollution.
The agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (the Agreement), adopted in June 2023, promotes the conservation and sustainable use of this ecosystem and its biodiversity, which is a benefit to the planet’s biosphere, and to all of earth’s inhabitants. The landmark treaty reflects a multilateral consensus on the need to address the cumulative pressures on the high seas through science-based, inclusive, and precautionary governance and to foster scientific research and facilitate collaboration, capacity building and development for scientists. The European Union played a leading and ambitious role in the negotiation and adoption of the Agreement.
The rapporteur supports a swift and effective implementation of the Agreement into Union Law through the proposed Directive on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (the Directive).
The rapporteur endorses the approach taken to restrict the proposal to the transposition of the EU’s international obligations under the Agreement and agrees with the Commission that there was no choice to be made between alternative policy options.
To avoid delay in the implementation of the Agreement’s requirements for the Union and its Member States, and to uphold the Union’s credibility as a global actor in ocean governance, a timely transposition is essential. Furthermore, a swift transposition is paramount to protecting high seas biodiversity, addressing accelerating ecosystem degradation and halting marine biodiversity loss. Delays or deviations from the text of the Agreement risk weakening the EU’s voice in shaping the operationalisation of the Agreement and in asserting its global environmental leadership.
The rapporteur therefore seeks to align the report as close as possible with the text and the intent of the Agreement, thereby ensuring that its language is in line with the Agreement, by avoiding reinterpretations that could undermine legal clarity, delay implementation, or introduce inconsistencies with other international obligations.
Where the Agreement defines key terms and actions, these should be incorporated verbatim or by explicit cross-reference into the Directive, unless there is a compelling reason to divert. This is particularly important given that the Agreement creates obligations that will be subject to international oversight and dispute settlement mechanisms (Part IX of the Agreement).
This draft report underlines in particular the importance of:
• clarifying the scope of the Directive to fully reflect the range of activities, actors, and obligations covered under the Agreement, notably in relation to environmental impact assessments and area-based management tools;
• establishing clear rules for compliance and enforcement that reflect both the terminology and the purpose of the Agreement; and
• avoiding duplication of existing EU procedures where they already fulfil the requirements of the Agreement (e.g. under Strategic Environmental Assessment Directive and the Environmental Impact Assessment Directive), while ensuring conformity of procedures with the conditions under the Agreement.
In sum, this draft report reflects the rapporteur’s determination to enable the Union to swiftly implement and operationalise the Agreement as a direct translation of its international commitments and ambitions.
ANNEX: DECLARATION OF INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he included in his report input on matters pertaining to the subject of the file that he received, in the preparation of the draft report, prior to the adoption thereof in committee, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register:
1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register (2)
High Seas Alliance
2. Representatives of public authorities of third countries, including their diplomatic missions and embassies(3)
The list above is drawn up under the exclusive responsibility of the rapporteur.
The rapporteur declares under his exclusive responsibility that he did not include in his report input from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.