11 April 2016: The first session of the Preparatory Committee (PrepCom 1) on the elements of a draft text of an international legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) agreed on a number of procedural and substantial issues. The meeting marked the beginning of discussions on a formal process that is expected to lead to the adoption of a new UNCLOS implementing agreement on deep-sea biodiversity.

PrepCom 1 convened from 28 March – 8 April 2016, at UN Headquarters in New York, US. The Committee considered: the scope of an international legally binding instrument and its relationship with other instruments; guiding approaches and principles; marine genetic resources (MGRs), including questions on benefit-sharing; area-based management tools (ABMTs), including marine protected areas (MPAs); environmental impact assessments (EIAs); and capacity building and marine technology transfer.

On the development of substantive recommendations on the elements of a draft text of an international legally binding instrument, delegates debated the issue of scope, with some calling for a broad scope and others arguing that high seas fisheries fall outside the scope. Delegates also discussed the relationship between the proposed instrument and existing instruments and bodies.

On ABMTs, including MPAs, delegates considered definitions, objectives and principles, criteria, governance, institutional mechanisms, and links with regional approaches. Some suggested developing a list of general criteria for MPA identification while others felt a universal standard for MPA establishment is not possible, cautioning against a one-size-fits-all approach to ABMTs. Delegates also highlighted, inter alia: different categories of MPAs; balance between conservation and sustainable use, including maintenance of ecosystem services and resilience to climate change and ocean acidification; and respect for rights over the continental shelf.

On EIAs, discussions focused on general concepts, definitions, thresholds, governance, transparency and monitoring. Delegates suggested, inter alia: a new ad hoc body to ensure assessments are conducted; a mandate for Regional Fisheries Management Organizations (RFMOs) to conduct assessments; a central repository including baseline reports; a clearinghouse mechanism modeled after the Convention on Biological Diversity (CBD); and a fund bridging the gap between an incident’s occurrence and the time the polluter actually pays.

Delegates agreed on a procedural roadmap outlining the structure of PrepCom 2, which will take place from 26 August – 9 September 2016. The meeting will include an opening plenary, without general statements; informal working groups on MGRs, ABMTs, EIAs, capacity building and technology transfer, and crosscutting issues, including scope; and plenary sessions to “park” issues on which there is consensus or wide acceptance and to further discuss other issues and next steps. Delegates also agreed to a Chair’s summary of the meeting and circulation of an indicative list of issues during the intercessional period, to facilitate preparations for PrepCom 2. [IISD RS Summary Report] [IISD RS Coverage of PrepCom 1] [IISD RS Story on Conclusion of BBNJ Working Group] [PrepCom Website]