On 24 April 2024 the UN General Assembly (UNGA) adopted Resolution 78/272 ‘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/78/L.41) with a vote (164-2-2; Russia and Syria voting against, Togo and Angola abstaining). Singapore led consultations on the text, which establishes a Preparatory Commission to prepare for the entry into force of the BBNJ Agreement and the convening of the first meeting of the Conference of the Parties to the BBNJ Agreement.
3. Decides to establish a preparatory commission, which shall meet at United Nations Headquarters unless otherwise decided, on dates to be determined, to prepare for the entry into force of the Agreement and to prepare for the convening of the first meeting of the Conference of the Parties to the Agreement, at the conclusion of which the commission will cease to exist;
UNGA Resolution 78/272
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11. Further decides that the commission shall hold a three-day organizational meeting in the first half of 2024 with full conference services, including documentation, to discuss organizational matters, including the election of the Co-Chairs and a Bureau of the commission consisting of up to 15 members with up to 3 members from each regional group and taking into account gender balance, the dates of the meetings of the commission and the programme of work of the commission;
In a Letter dated 30 June 2023, the President of the Intergovernmental Conference that developed the text of the BBNJ Agreement had previously highlighted “the desire expressed by several delegations that efforts be undertaken with a view to supporting the early entry into force of the Agreement as well as its early implementation, including through a preparatory process such as a preparatory commission” (UN Doc A/77/945, p. 2). The Statement of Singapore on the introduction of the draft resolution provides further useful information on the inspiration and objectives of key elements in the resolution.
The Preparatory Commission is open to all UN Member States, members of the specialized agencies and Parties to UNCLOS (para. 4), with a broad invitation to other qualified entities, organizations and bodies to attend as observers (paras 5-6). The voluntary trust fund for the BBNJ Intergovernmental Conference is extended to the Preparatory Commission to assist developing countries attend meetings.
On decision-making of the Preparatory Commission:
8. Further decides that, after 20 September 2025 or the date of entry into force of the Agreement, whichever comes earlier, the taking of decisions by the commission shall only be by States and regional economic integration organizations that have signed the Agreement or have ratified, approved, accepted or acceded to the Agreement;
UNGA Resolution 78/272
9. Decides that the commission will take decisions on any recommendations to the Conference of Parties to the Agreement at the final meeting of the commission;
A proposed amendment by Russia to remove references to past and future milestones in the BBNJ Agreement, as well as the BBNJ Agreement’s addition as a sub-item to the provisional agenda of the seventy-ninth session of UNGA, was not adopted (UN Doc. A/78/L.43). A proposed amendment by Russia to include a strict sunset clause on the existence of the preparatory commission, as at the latest 20 September 2025, was also not adopted (UN Doc. A/78/L.43; contrast UN Doc. A/78/L.41 para 3 (as adopted)).
De Maribus 