Humpback whales in the Atlantic Ocean.
Photo: Adobe Stock.
The European Commission has this week proposed new legislation to integrate the historic "Biodiversity Beyond National Jurisdiction" (BBNJ) Agreement - also known as the High Seas Treaty - into European Union law.
The move marks a major step towards strengthening marine protection in areas beyond national jurisdiction, and ensuring the EU meets its international environmental commitments.
Signed by European Commission President Ursula von der Leyen on behalf of the EU in September 2023, the BBNJ Agreement is a legally binding international treaty under the United Nations Convention on the Law of the Sea (UNCLOS), seeking to protect ocean ecosystems, address environmental degradation, fight climate change, and halt biodiversity loss.
The treaty, signed by 89 countries, is seen as an essential pillar for achieving the Kunming-Montreal Global Biodiversity Framework target of protecting at least 30% of the ocean by 2030 and promoting fair benefit-sharing from marine genetic resources.
The proposed European Commission directive aims to help EU Member States implement all aspects of the BBNJ Agreement while keeping regulatory burdens minimal, the EC said in a press announcement.
In particular, the EC directive focuses on establishing large-scale marine protected areas in international waters and ensuring mandatory environmental impact assessments before activities can be approved.
"This evaluation process should ensure transparency, accountability, broad public participation and fair conditions for all parties involved, and avoid undue burden," the Commission stated.
The directive also aims to ensure streamlined processes for the fair sharing of marine genetic resources for EU researchers, particularly those working across borders, the Commission stated.
"Today's proposed directive will promote good governance and ocean sustainability, in line with the upcoming European Ocean Pact. It will also simplify and harmonise administrative processes and ensure the level playing field in the EU," the Commission stated.
The EU Commissioner for Fisheries and Oceans, Costas Kadis, welcomed the proposal, stating that it "confirms that ocean protection is a priority for the EU and it reaffirms our commitment to the efficient implementation of the BBNJ Agreement. This historic agreement is ambitious, fair and equitable and a key milestone for the protection of our ocean."
"With this proposal, we are ensuring all EU countries work together to implement the High Seas Treaty, demonstrating our real commitment to protecting biodiversity," said Jessika Roswall, Commissioner for Environment, Water Resilience and a Competitive Circular Economy.
"Following the successful biodiversity talks at COP16, we are taking concrete steps to follow through on our international commitments. Our ocean needs to be protected, and we are showing today that this can be done in a simplified, consistent and straightforward way," Roswall added.
The BBNJ Agreement, signed by 89 countries, will enter into force 120 days after 60 ratifications are deposited. The EU has pledged to complete its ratification ahead of the UN Ocean Conference in Nice, scheduled for June 2025. The Commission underlined that the proposed directive must be adopted before the agreement takes effect.
The European Commission’s full proposal and further information on the BBNJ Agreement are available on its official website.
