EU puts full weight behind UN agreement on protecting marine biodiversity

In the context of the Belgian EU Presidency, a colleague from our FPS chaired the EU Working Party on the Law of the Sea (COMAR). And with success! Belgium secured an important agreement at the European level that will speed up the entry into force of the UN Agreement for the protection of the ocean.

The ocean is absolutely vital to life on our planet. It was therefore a major victory when the UN reached an agreement in March 2023 - following 17 years of arduous negotiations - on an agreement on Biodiversity Beyond National Jurisdiction (BBNJ). Belgium - profiling itself as a Blue Leader -  was a highly vocal advocate in this regard.
 

Not yet in effect

But the agreement was not yet in effect at the time. Indeed, it only really enters into force when at least 60 parties (= subscribing states) have ratified or endorsed the agreement. These countries' parliaments must first agree to the signed agreement before the instrument of ratification can be submitted.

And there is still a long way to go before that happens. In June 2023, the text of the agreement was adopted by the UN General Assembly, and in September it was opened for signature by the parties. After the signing - this is actually just a declaration of intent - the process of ratification can begin.
 

Working party on the law of the sea

The EU has also signed this agreement. But how would the EU approach the ratification? Since the BBNJ agreement is an implementing agreement of UNCLOS (= United Nations Convention of the Law of the Sea) and UNCLOS is primarily a mixed treaty between the EU on the one hand and the member states on the other, the BBNJ agreement is similar in nature. As a result, member states each need to separately ratify the BBNJ agreement in addition to the EU itself.

The Belgian presidency of the Council of the EU wanted the EU to ratify the BBNJ agreement during the presidency. And even though the final decision is taken at the Council level - i.e., by the 27 competent ministers - the crucial preparatory work is carried out within a working party (see box). The working party brings together officials from all member states, along with officials from the Secretariat of the Council and representatives of the European Commission. In the case of the BBNJ agreement, this was the working party on the law of the sea or COMAR, chaired by a colleague from our FPS.

Target June 2025

Following tough negotiations, officials from the member states reached an agreement in principle within COMAR on 6 March 2024 that was supported by all member states. The European Parliament also agreed to ratification by the EU, in April. The Council made the final decision to ratify on 17 June. All that remains for final ratification is in fact a formality: submitting the instrument of ratification with the UN in New York.

The EU's target is that all member states, as well as the EU, will ratify the BBNJ agreement together by June 2025. Indeed, the UN Oceans Conference will be going on at the same time in Nice, France. If the EU and member states ratify the BBNJ agreement together, it will be a huge step forward for this agreement. Indeed, it comes into effect 4 months after at least 60 countries ratify it.

Within the year of entry into force, the first 'conference of the parties' (COP) will be organised. COP1 will primarily address a range of technical but essential matters, including the internal regulations, financial rules (who pays what?) and a base for the secretariat. Belgium is conducting a determined campaign to base the BBNJ secretariat in Brussels.
 

Ever more important

In any event, the Belgian representatives at the COMAR working party can look back with satisfaction on their work during the Belgian presidency. The agreement on ratification by the EU was a veritable milestone in the process towards the entry into force of the BBNJ agreement.

In all likelihood, the law of the sea - and thus the COMAR working party - will become ever more important in the future. And not only because the ocean is vital for a healthy planet, but also for economic and geostrategic reasons. For example, disputes regarding territorial waters in the South China Sea, issues with rising sea levels and all climate-related problems for which the International Court of Justice or the International Tribunal for the Law of the Sea (ITLOS) will be consulted.