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

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SHORT JUSTIFICATION

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

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

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

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

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

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

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

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

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

AMENDMENTS

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

Amendment 1

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 2

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 that the Member States with jurisdiction or control over the planned activity determine under 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

Amendment 3

Proposal for a directive

Recital 23 a (new)

Text proposed by the Commission

Amendment

(23a) 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 4

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. 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. en

Amendment 5

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

Amendment 6

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

Amendment 7

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. Member States and the Commission when applicable shall promote, as appropriate, the adoption of measures under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies of which they are members, to support the implementation of the decisions and recommendations made by the Conference of the Parties under Part III of the BBNJ Agreement.

Or. en

Amendment 8

Proposal for a directive

Article 18 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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

Or. en