On 19 July 2024, Council Decision (EU) 2024/1830 of 17 June 2024 was published in the Official Journal of the European Union, accompanied by Declaration 2024/1832 and Declaration 2024/1833.
Council Decision (EU) 2024/1830 approved, on behalf of the European Union, 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 (BBNJ Agreement), completing the internal process to allow the EU to formally deposit its instrument of approval (not yet occurred). The instrument of approval (BBNJ Agreement, Art 66) will be accompanied by a Declaration of Competence (BBNJ Agreement, Art 67(2)) and an Exception (BBNJ Agreement, Arts 70, 10(1)). Declaration 2024/1832 provides what will be in the Declaration of Competence of the European Union concerning the BBNJ Agreement. Declaration 2024/1833 provides what will be in an authorised exception submitted by the European Union concerning BBNJ Agreement. The declared exception provides:
The European Union declares the exception of the retroactive effects as set out in the second sentence of Article 10(1), therefore the provisions of this Agreement shall apply for the Union only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected and generated after the entry into force of this Agreement for the Union.
Declaration 2024/1833
Other Parties (all others to-date) without a declared exception upon signature or ratification consent to apply relevant BBNJ Agreement provisions with retroactive effect: “The application of the provisions of this Agreement shall extend to the utilization of marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected or generated before entry into force” (BBNJ Agreement, Art 10(1)). Consistent with Articles 67 and 10, the Declaration of Competence and Article 10-based Exception must be submitted in writing when signing, ratifying, approving, accepting or acceding to the BBNJ Agreement. “The conclusion of the Agreement by the Union is without prejudice to the Member States’ competence as regards the ratification, approval or acceptance of the Agreement” (Council Decision (EU) 2024/1830, recital 9) and “The Union and its Member States aim to ratify the Agreement prior to the United Nations Ocean Conference that will take place in 2025” (Council Decision (EU) 2024/1830, recital 4).
De Maribus 