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

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

ENVI-PR-775452

Committee on the Environment, Climate and Food Safety · Rapporteur: Michal Wiezik

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This draft report proposes amendments to the proposed Directive on conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, aligning it closely with the BBNJ Agreement. It clarifies the Directive's scope, strengthens provisions on environmental assessments and monitoring, and requires publication of information through the BBNJ Clearing-House Mechanism.

Committee position. The rapporteur proposes amendments to align the Directive closely with the BBNJ Agreement, clarifying scope, strengthening environmental assessment and monitoring, and ensuring transparency through the Clearing-House Mechanism.

Key points

  1. Adds a new article stating the Directive applies to areas beyond national jurisdiction, covering marine genetic resources, environmental assessments, area-based management tools, and emergency measures.
  2. Deletes the original scope provision, moving it to the subject matter article.
  3. Amends the definition of 'planned activity' to include activities in the marine environment, such as construction works and resource utilisation.
  4. Requires that environmental impact assessments for activities in areas beyond national jurisdiction meet conditions under Article 29(4) of the BBNJ Agreement, with reports published via the Clearing-House Mechanism.
  5. Extends obligations to activities in national jurisdiction that may cause substantial pollution or significant harmful changes in areas beyond national jurisdiction, requiring monitoring and information sharing.
  6. Specifies that screening is required unless conditions under Article 8(6) are met, and that assessments are needed if activities may cause substantial pollution or significant harmful changes.
  7. Ensures environmental impact assessment reports are prepared by competent experts and authorities have sufficient expertise.
  8. Requires that decisions on planned activities, including conditions of approval and how comments were addressed, be made public via the Clearing-House Mechanism.
  9. Clarifies that strategic environmental assessments under Directive 2001/42/EC are mandatory when that Directive applies, and allows additional voluntary assessments.
  10. Deletes the Commission's preliminary assessment of draft proposals or emergency measures before submission to the BBNJ Secretariat.
  11. Requires Member States to collaborate and consult with stakeholders, including states, bodies, civil society, and indigenous peoples, on proposals for area-based management tools.
  12. Mandates that information on the establishment and implementation of area-based management tools, including marine protected areas, be made available through the Clearing-House Mechanism.

Who is affected

  • Member States, which must implement the Directive's requirements for activities in areas beyond national jurisdiction.
  • Stakeholders, including states, regional bodies, civil society, scientists, and indigenous peoples, who are to be consulted and collaborated with.

Legal basis: Article 192(1) of the Treaty on the Functioning of the European Union