PrepCom Addresses “Nuts and Bolts” to Guide BBNJ Agreement’s Implementation

In preparation for the entry into force of the Agreement on Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ) and the first meeting of its Conference of the Parties, a preparatory commission (PrepCom) tasked with addressing the “nuts and bolts” that will guide the Agreement’s orderly implementation held the first out of three sessions scheduled until early 2026 when the Agreement is expected to enter into force.

According to the Earth Negotiations Bulletin (ENB) summary report of the meeting, discussions focused on the:

rules of procedure of the COP;
rules of procedure and modalities of operation of the subsidiary bodies;
arrangements for the Secretariat, including the selection of its seat;
funding of the Secretariat, COP, and subsidiary bodies;
arrangements with the Global Environment Facility (GEF); and
operationalization of the Clearing-House Mechanism (CHM).

ENB highlights that while most of the world’s ocean lies in areas beyond national jurisdiction (ABNJ), “[f]ragmented legal frameworks have left biodiversity in these areas vulnerable to ever growing threats, including overfishing, climate change, and pollution.”

In June 2023, countries adopted the BBNJ Agreement in what was lauded as a major breakthrough for multilateralism. With 113 signatories and 21 parties as of April 2025, the BBNJ Agreement will enter into force 120 days after the date of deposit of the 60th instrument of ratification, approval, acceptance, or accession. At the current pace of ratification, it is anticipated that COP 1 could convene in late 2026.

The PrepCom’s job is to address critical issues essential for the Agreement’s implementation, including institutional arrangements and financial resources and mechanisms. At its organizational session in June 2024, the PrepCom agreed to hold three sessions until early 2026, and more if needed.

“PrepCom I worked on the basis of aids to negotiations prepared by its Co-Chairs as well as background notes prepared by the UN Division for Ocean Affairs and Law of the Sea (UNDOALOS), which is the Agreement’s Interim Secretariat,” ENB reports. An initial exchange of views also occurred on the matters to be considered at PrepCom II, including cooperation with other instruments, frameworks, and bodies.

Ahead of PrepCom II, delegates tasked the Co-Chairs and UNDOALOS with preparing:

revised aids to negotiations, taking into account discussions held at PrepCom I and any additional input delegations may provide in writing until 2 May 2025;
a matrix outlining proposed rules of procedure and modalities for each subsidiary body;
a comparison of secretariat arrangements in other multilateral environmental agreements (MEAs); and
draft terms of reference for a group to seek expert input on the CHM and a flowchart on the functions of the CHM and its possible linkages to institutions established under the Agreement.

According to the ENB analysis of the meeting, the UN General Assembly (UNGA) resolution that established the PrepCom decided that after 20 September 2025 or the date of the Agreement’s entry into force, whichever comes first, only signatories and parties will be able to contribute to the Commission’s decision making. For now, countries are negotiating on an equal footing. Russia’s engagement at PrepCom I “raised some eyebrows” as its delegation continued questioning various provisions of the Agreement despite the country’s non-signatory status.

PrepCom I convened at UN Headquarters in New York, US, from 14-25 April 2025. [ENB Coverage of PrepCom I]