IOI’s Representation at the First Session of the BBNJ Preparatory Commission
From April 14 to 25, 2025, the first session of the Preparatory Commission (PrepCom) for the Entry into Force of the BBNJ Agreement took place at the United Nations Headquarters in New York. This session marked a crucial milestone in the ongoing efforts to establish mechanisms for the effective implementation of the Agreement under the United Nations Convention on the Law of the Sea (UNCLOS), focusing on the conservation and sustainable use of Marine Biological Diversity In Areas Beyond National Jurisdiction (BBNJ).
The International Ocean Institute was represented by Ms. Liliana Rodriguez Cortes, IOI Delegate to the United Nations, at the closing day of the session.
Key Highlights from the Final Day
The Commission, co-chaired by Janine Coye-Fleson (Belize) and Adam McCarthy (Australia), provided oral reports summarising two weeks of deliberations on critical topics, including governance structures, Clearing-House Mechanisms, Subsidiary Bodies, Capacity-Building, and Technology Transfer.
A central theme throughout the discussions was inclusivity, with strong support for the involvement of indigenous peoples, gender equity, and equitable representation for developing countries, particularly Small Island Developing States (SIDS) and landlocked nations. Delegates also stressed the importance of flexibility within working groups and transparency in the implementation of the BBNJ Agreement’s measures.
Key Principles and Critical Discussions
The session addressed important principles such as confidentiality, data protection, and the role of external experts and indigenous knowledge holders. Key operational matters were also discussed, including:
- Establishing a progress-tracking matrix
- Determining the appropriate size and legal capacity of the secretariat
- Securing sustainable funding mechanisms
- Facilitating information sharing on marine protected areas, environmental impact assessments, and marine technology transfer
There was a notable focus on the need for a new funding arrangement, including a special fund to support the participation of developing States, SIDS, and landlocked countries in the future work of the BBNJ Agreement.
The discussions also examined the structure and function of future subsidiary bodies, as well as the financial mechanisms such as the Global Environment Facility (GEF) that will underpin the work of the Agreement. The operational guidelines for the Conference of the Parties (COP) were also on the agenda.
Preparations for Future Sessions
Looking ahead, the Co-Chairs outlined several key steps in preparation for the next meetings:
- A review of three negotiation aids based on feedback received at PrepCom I, with a deadline for written input from delegations by May 2, 2025
- Creation of a matrix outlining proposed rules of procedure and operational details for each subsidiary body
- Preparation of draft terms of reference for a group to seek expert advice on the Clearing-House Mechanism (CHM), which will be considered at the intersessional meeting and PrepCom II
Meanwhile, the Division of Ocean Affairs and Law of the Sea (DOALOS), which is currently serving as the interim secretariat, will prepare a comparison of secretariat arrangements from other multilateral environmental agreements and a flowchart outlining the functions of the CHM and its connections to other bodies established under the BBNJ Agreement.
The Road Ahead for the BBNJ Agreement
Currently, the BBNJ Agreement boasts 113 signatories, with 21 ratifications, and will enter into force once 60 ratifications are achieved. During the session, Cameroon announced its intention to sign, further advancing the path toward achieving this threshold. Some delegations, including the European Union and the High Seas Alliance, expressed optimism about reaching the 60 ratifications goal by the upcoming UN Ocean Conference in Nice, France, scheduled for June 2025.
This session represents a critical step in the development of the legal and institutional frameworks that will guide the conservation and sustainable management of marine biodiversity beyond national jurisdictions. The IOI remains committed to supporting this important work and contributing to the effective implementation of the BBNJ Agreement.
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