BBNJ Agreement Adopted

On 19 June 2023 the further resumed fifth session of the intergovernmental conference adopted by consensus without a vote the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (currently available as UN Doc A/CONF.232/2023/4). The Coordinator of the previously reported Open-Ended Informal Working Group on Technical Edits and Language Harmonization reported on their work. In general, statements made by representatives of States and regional economic integration organizations appear positive, with a number signalling their intent to sign the BBNJ Agreement on 20 September 2023, and ratify soon thereafter (e.g. Singapore and the Pacific Islands Forum Members). However, the Russian Federation representative “distanced himself from the consensus on the agreement’s text, adding:  ‘This instrument is unacceptable. The matter of our participation in it cannot be considered'”. The Representative of Venezuela stressed that its joining of consensus should not be interpreted as a modification of its position on UNCLOS, to which it is not a party.

The next steps are found in Article 65 of the BBNJ Agreement, which now provides:

This Agreement shall be open for signature by all States and regional economic integration organizations from 20 September 2023 and shall remain open for signature at United Nations Headquarters in New York until 20 September 2025.

BBNJ Agreement, Article 65

Ratification, approval or acceptance by States and regional economic integration organizations is addressed in Article 66 of the BBNJ Agreement. Accession by States and regional economic integration organizations after 20 September 2025 is addressed in Article 66 of the BBNJ Agreement. Entry into force and provisional application are addressed in in Articles 68-69 of the BBNJ Agreement.

The further resumed fifth session of the IGC is being held 19-20 June 2023. On 20 June 2023 the general exchange of views will continue (UN Doc A/CONF.232/2023/L.4)