12 September 2016: The second session of the Preparatory Committee (PrepCom 2) on the elements of a draft text of an international legally binding instrument (ILBI) 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) discussed proposals on the possible elements of an ILBI and engaged in a preliminary identification of possible areas of convergence of views and of issues requiring further discussion.

Delegates considered marine genetic resources, including questions on benefit-sharing; measures such as area-based management tools (ABMTs), including marine protected areas (MPAs); environmental impact assessments (EIAs); capacity building and marine technology transfer; and cross-cutting issues, such as the scope of an ILBI, its relationship with other instruments, and its guiding principles.

Delegations requested the preparation of a Chair’s non-paper drawing from the statements made at PrepCom 2 and from further submissions to be made electronically by 5 December 2016 to guide intersessional preparations for PrepCom 3. The non-paper will be circulated in late January/early February 2017. A procedural preparatory meeting will convene at UN Headquarters in late January/early February 2017 to discuss the provisional agenda and work programme for PrepCom 3.

On ABMTs, possible areas of convergence of views include principles and approaches for establishing ABMTs, including MPAs, such as transparency, ecosystem approach, and science-based approach; and the understanding that ABMTs, including MPAs should collectively contribute to the objective of BBNJ conservation and sustainable use. Possible issues requiring further discussion include whether, inter alia: ABMTs should contribute to rehabilitation and restoration of ocean ecosystems and health; definitions of terms related to ABMTs should be based on existing definitions, adapted to the BBNJ context; a definition of marine reserves needs to be included; a new instrument would provide for a consultative, integrated and inclusive approach to ABMTs, including MPAs; the decision to designate an MPA should be taken after a consultation process; and states individually or through relevant organizations, would make proposals in relation to ABMTs, with an option including input from relevant stakeholders. Additional issues for discussion include: the “architecture” of and need for any institutional mechanisms that would need to be established, including the role of a possible Conference of the Parties or coordinating mechanism; a follow up and monitoring mechanism; and ways and means to implement the obligation to protect and preserve the marine environment.

On EIAs, delegates identified possible areas of convergence of views, including that: EIAs should contribute to BBNJ conservation and sustainable use; and existing relevant legal instruments and frameworks, in particular UNCLOS, as well as relevant, global, regional and sectoral bodies, should not be undermined, as stipulated in resolution 69/292, and should guide and inform the development of EIA measures/procedures under the ILBI. Possible issues requiring further discussion include that: the ILBI address EIAs for activities in ABNJ that may have an impact that reaches an agreed threshold in ABNJ; UNCLOS Article 206 is the point of departure for discussing thresholds and responsibility for EIAs, and guidance is needed in the ILBI for implementing this provision in ABNJ; and capacity building should address the capacity of small island developing States (SIDS), African states and developing countries to participate in and conduct EIAs.

PrepCom 2 convened from 26 August – 9 September 2016, at UN Headquarters in New York, the US. The 71st of the session UN General Assembly (UNGA) will determine the dates of the next sessions of the PrepCom in order to fulfill its mandate to make substantive recommendations to the General Assembly at its 72nd session, which will decide whether to convene an intergovernmental conference to elaborate the text of the ILBI. [IISD RS Coverage of PrepCom 2] [IISD RS Summary of PrepCom 2] [Meeting Website] [UNESCO Press Release on Side Event] [Common Oceans Press Release on Side Event]