Delegates to the second session of the Preparatory Commission (PrepCom II) for the entry into force of the Agreement under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) deliberated “matters to be addressed by the Conference of the Parties (COP) at its first meeting and additional matters, as identified by the PrepCom.”

Discussions were organized in three clusters: governance; operation of the Clearing-House Mechanism (CHM); and financial rules, resources, and the financial mechanism. Two new ratifications, by Cabo Verde and Saint Kitts and Nevis, announced during PrepCom II, added urgency to the talks. Only five more are needed for the BBNJ Agreement to enter into force. According to estimates, including by the Co-Chairs, this may happen prior to PrepCom III, scheduled from 23 March to 2 April 2026.

According to the Earth Negotiations Bulletin (ENB) summary report of the meeting, there was progress on many fronts. “Comprehensive exchange of views on the rules of procedure (RoP) for the COP will allow textual negotiations at PrepCom III on one of the more technical and challenging parts of the negotiations,” it notes. Thanks to progress on draft terms of reference (ToR) of the scientific and technical body (STB), the Co-Chairs will be able to circulate draft ToRs for all subsidiary bodies (SBs) under the Agreement during the intersessional period.

A way forward emerged from discussions on the functioning of the Secretariat, including for the selection of its seat. “Exchange of views on cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional, and sectoral bodies (IFBs) will allow a draft decision to be developed for further consideration based on the interventions and written comments submitted,” ENB further notes.

Issues that will need additional attention include financial resources and mechanism, with no consensus reached on elements for provisional guidance to the Global Environment Facility (GEF) regarding its ninth replenishment period. Discussions on draft ToR for an informal expert group on the technical aspects of the operationalization of the CHM also proved challenging.

However, most participants at PrepCom II agreed that, “all things considered, the session was successful” as “it set a clear path for the intersessional period toward a crucial PrepCom III and an even more significant COP1, which may take place toward the end of 2026,” ENB highlights.

PrepCom II convened at UN Headquarters in New York, US, from 18-29 August 2025. [ENB Coverage of PrepCom II]