Miljø- og Fødevareudvalget 2024-25
L 133 Bilag 9
Offentligt
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EUROPEAN
COMMISSION
Brussels, 24.4.2025
COM(2025) 173 final
2025/0090 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction
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EXPLANATORY MEMORANDUM
1.
•
CONTEXT OF THE PROPOSAL
Reasons for and objectives of the proposal
Tackling biological diversity loss and the degradation of marine ecosystems has been
internationally recognised as a top priority. The conservation and sustainable use of marine
biodiversity of areas beyond national jurisdiction (‘BBNJ’) is also a key priority for the
European Union (EU). In line with the objectives under the European Green Deal and the
Joint Communication on the EU’s international ocean governance agenda, the EU was an
active participant in negotiating 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 (‘the BBNJ Agreement’ or ‘the Agreement’).
Negotiations were concluded in June 2023.
The BBNJ Agreement is open for signature by States and regional economic integration
organizations from 20 September 2023 until 20 September 2025. The EU and all its Member
States have signed it. The EU adopted Council Decision (EU) 2024/1830 to conclude the
Agreement in June 2024
1
, but the EU has not yet deposited its instrument of approval at the
time of adoption of this proposal. Pursuant to Article 68(1) of the Agreement, it will enter into
force 120 days after the date on which the sixtieth instrument of ratification, approval,
acceptance or accession is deposited. This proposal for a directive of the European Parliament
and the Council will meet the EU’s legal obligation to effectively implement the BBNJ
Agreement.
The BBNJ Agreement is an implementing agreement to the United Nations Convention on the
Law of the Sea
2
(‘UNCLOS’), which is the legal framework governing all activities in the
oceans and seas, and of which the EU and all its Member States are parties. The BBNJ
Agreement will bring UNCLOS up to speed with developments and challenges related to
marine biodiversity since the Convention was adopted in 1982. It will also support work to
achieve the 2030 UN Agenda for Sustainable Development goals, in particular Goal 14 (life
below water).
The Union and its Member States are also parties to the Convention on Biological Diversity
3
.
This states that biodiversity is to be valued, conserved, restored and wisely used, maintaining
ecosystem services, sustaining a healthy planet and delivering benefits essential for all people.
The BBNJ Agreement will help reach the goals and targets set under the Kunming-Montreal
Global Biodiversity Framework, adopted at the fifteenth meeting of the Conference of the
Parties to the Convention on Biological Diversity on 7-19 December 2022. In particular, it
will support action to meet the target of effective conservation and management of at least
30% of the world’s lands, inland waters, coastal areas and oceans by 2030, and the target to
increase benefit sharing from genetic resources and digital sequence information. The EU has
adopted its own biodiversity strategy for 2030, which pursues several objectives including the
aim to restore the good environmental status of marine ecosystems.
1
2
3
Decision - EU - 2024/1830 - EN - EUR-Lex
United Nations Convention on the Law of the Sea, adopted 10 December 1982, entered into force 16
November
1994,
1833
UNTS
396:
https://treaties.un.org/pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XXI-
6&chapter=21&Temp=mtdsg3&clang=_en
OJ L 309, 13.12.1993, p. 3.
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Furthermore, the BBNJ Agreement will support implementation of the United Nations
Framework Convention on Climate Change (UNFCCC)
4
and the Paris Agreement
5
.
The BBNJ Agreement applies to areas beyond national jurisdiction as defined under Article
1(1) of that Agreement. The general objective is to ensure the conservation and sustainable
use of marine biological diversity of areas beyond national jurisdiction, both at present and in
the long term, by effectively implementing the relevant provisions of UNCLOS and by
engaging in international cooperation and coordination.
To this end, the BBNJ Agreement:
1) allows parties to agree on area-based management tools, including MPAs, in areas beyond
national jurisdiction;
2) for the first time, provides for a comprehensive environmental impact assessment process
for new and unregulated activities in the high seas by all parties to ensure transparency,
accountability and broad public participation;
3) sets provisions for the fair and equitable sharing of benefits arising from activities with
respect to marine genetic resources (and digital sequence information) of areas beyond
national jurisdiction, including a mechanism for sharing monetary and non-monetary benefits;
and
4) sets the conditions to support developing countries in their participation in and
implementation of the Agreement by a strong capacity-building and marine technology
transfer component, funded from a variety of public and private sources and by an equitable
mechanism for sharing the potential benefits of marine genetic resources collected in the high
seas.
The aim of this legislative proposal is to implement the provisions of the BBNJ Agreement
concerning environmental protection and marine genetic resources.
The Council has adopted Council Decision (EU) 2024/1830 concluding the BBNJ Agreement
on behalf of the Union, but the Union has – at the time of adoption of this proposal – not yet
deposited its instrument of approval of the BBNJ Agreement. Pursuant to Article 68(1), the
Agreement will enter into force 120 days after the date on which the sixtieth instrument of
ratification is deposited. Hence, the provisions of the BBNJ Agreement that need further
implementation into EU law must be in place when the Agreement enters into force. This
proposal therefore aims to implement the BBNJ Agreement in the EU in a uniform manner
transposing into EU law the obligations arising from the Agreement in the areas related to
environmental protection and marine genetic resources.
•
Consistency with existing policy provisions in the policy area
The objectives of this proposal are consistent with the following policy and legislative
provisions:
4
5
United Nations Framework Convention on Climate Change (UNFCCC) (the ‘Paris Agreement’),
entered into force on 4 November 2016.
The Paris Agreement, adopted on 12 December 2015 under the United Nations Framework Convention
on Climate Change (UNFCCC) (the ‘Paris Agreement’), entered into force on 4 November 2016.
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The Commission ensured that the outcome of the negotiations on the text of the BBNJ
Agreement is fully consistent with EU rules and policies in the area of EU environmental
policy. In particular, it ensures that the BBNJ Agreement does not undermine and is coherent
with the framework for environmental assessments at EU level and with the multilateral
environmental agreements to which the EU and its Member States are parties. These include
the Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo
Convention)
6
and the Convention on Access to Information, Public Participation in Decision-
making and Access to Justice in Environmental Matters (the Aarhus Convention)
7
. The
provisions on environmental impact assessments in the BBNJ Agreement aim to achieve a
coherent environmental impact assessment framework for activities in areas beyond national
jurisdiction. These provisions establish a system of global collaboration on environmental
impact assessments with corresponding legal instruments, frameworks and bodies, and aim to
ensure that they are equivalent, in line with Article 29(4) of the BBNJ Agreement. They are
coherent with EU law in this area and are coherent with and complement other international
commitments undertaken by the EU, such as those relating to the environment, fisheries and
shipping. Therefore, the proposed Directive implementing the BBNJ agreement in EU law
will not add any additional burden.
The rules and obligations concerning benefit sharing from marine genetic resources and
digital sequence information derived from marine genetic resources set by the BBNJ
Agreement apply to genetic resources collected in areas beyond national jurisdiction. They do
not overlap with the benefit sharing obligations and rules deriving from the Nagoya Protocol
on the fair and equitable sharing of benefits from the use of genetic resources and the
Convention on Biological Diversity, as these two instruments apply to genetic resources
within national jurisdiction. This implies that there will be no duplication of obligations
between the EU measures needed to implement the benefit sharing provisions of the BBNJ
Agreement and Regulation (EU) No 511/2014 on measures of compliance for users of genetic
resources in the EU (which implements the Nagoya Protocol).
The benefit sharing provisions of the BBNJ Agreement are coherent with EU law on this
subject. They are coherent with and complement other international commitments undertaken
by the EU in this field (such as those under the Convention on Biological Diversity).
However, the BBNJ Agreement provides for retroactive application of benefit sharing
obligations. The EU lodged an exception under Article 70 in conjunction with Article 10(1) of
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 [2024/1833]
8
on the retroactive effects as set out in the second sentence of Article
10(1). This means that the provisions of the Agreement will apply for the EU 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 this Agreement
enters into force in the EU. This will ensure coherence with the approach under the Nagoya
Protocol and the EU ABS Regulation, which apply when they enter into force.
The BBNJ Agreement is in line with EU rules and policies in the area of the common
fisheries policy (CFP). It does not undermine the work undertaken in Regional Fisheries
Management Organisations (RFMOs) and other relevant international framework and bodies.
6
7
8
Text of the Convention | UNECE
Text of the Convention | UNECE
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401833
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Likewise, this proposal is consistent with the CFP and with the EU’s commitments under the
RFMOs.
•
Consistency with other Union policies
The Commission ensured that the outcome of the negotiations on the text of the BBNJ
Agreement is fully consistent with EU rules and policies in related areas, such as maritime
transport policy, maritime security, energy policy, internal market policy, common
commercial policy, research and technological development policy, climate policy and others.
In addition, the provisions of the BBNJ Agreement are consistent with related bilateral and
multilateral agreements to which the EU is a party.
Since the BBNJ Agreement is an implementing agreement under UNCLOS and this
Convention is already part of EU law, the BBNJ Agreement also is coherent with the rights
and obligations enshrined in UNCLOS and reflected in EU law. This proposal is therefore
also consistent with UNCLOS.
2.
•
LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
Legal basis
The legal basis for this initiative is Article 192(1) TFEU. This was also the legal basis
underpinning the adoption of Council Decision (EU) 2024/1830 on the conclusion of the
BBNJ Agreement on behalf of the EU.
In accordance with Article 191 in conjunction with 192(1) TFEU, the EU is required to
contribute to the pursuit of the following objectives: preserving, protecting and improving the
quality of the environment; protecting human health; prudent and rational utilisation of
natural resources; and promoting measures at international level to deal with regional or
worldwide environmental problems, and in particular combating climate change.
Considering the substantive provisions of the BBNJ Agreement, including its objectives, the
environmental legal basis is the right basis for the implementation of the relevant provisions
of the BBNJ Agreement.
•
Subsidiarity (for non-exclusive competence)
The BBNJ Agreement provides for an obligation to screen and assess the impacts of planned
activities in the areas beyond national jurisdiction. In addition, it provides for a framework to
govern the activities with respect to marine genetic resources and arrangements for
information sharing and benefit sharing of marine genetic resources utilisation.
In both these fields, a harmonised EU approach is central to creating a level playing field
between stakeholders operating from the EU. The aim of the proposed directive is to set out a
framework for a uniform implementation of the BBNJ Agreement in the EU and to avoid
forum shopping in the EU, leading to faster permitting and administrative simplification. It is
crucial to ensure that provisions on environmental assessments concerning planned activities
in areas beyond national jurisdiction are coherent across the EU. It is also critical to ensure
that EU researchers, notably those working in teams across the EU on marine genetic
resources of areas beyond national jurisdiction are not faced with unnecessary legal burden
potentially arising from uneven implementation of international obligations under the BBNJ
Agreement in the EU. It is important to ensure consistency between implementation of the
Nagoya Protocol to the Convention on Biological Diversity and the provisions of the BBNJ
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Agreement related to marine genetic resources, as well as ensure a level playing field in the
Single Market.
An EU approach to implementation will also be important to ensure coherence between
obligations governing environmental impact assessments for activities carried out in EU
waters under Directive 2011/92/EU
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(‘the EIA Directive’) and other relevant EU law that
contains provisions related to environment assessments for planned activities, and under the
BBNJ Agreement. Moreover, the initiative will ensure the BBNJ Agreement is coherent with
EU environmental law. Activities in areas beyond national jurisdiction may also affect the
management of marine biological resources and may have an impact on the common fisheries
policy. In such cases, EU competences under Articles 3(d) and 4(d) of the TFEU will be
respected. Finally, activities in areas beyond national jurisdiction could have cross-border
effects in EU waters (for example due to pollution or maritime traffic disruption).
Since the objectives of the proposal, namely to provide common provisions concerning
marine genetic resources of areas beyond national jurisdiction, conducting environmental
impact assessments for activities in the areas beyond national jurisdictions and certain
measures concerning area-based management tools, including marine protected areas, cannot
be sufficiently achieved by the Member States but due to the cross-border nature of the
activities and benefits rising from common EU rules are better achieved at EU level, the EU
may adopt measures, in accordance with the principle of subsidiarity in Article 5 TEU.
Following the principle of proportionality as set out in that provision, this Directive does not
go beyond what is necessary to achieve those objectives.
•
Proportionality
The proposal transposes the EU’s obligations under the BBNJ Agreement into EU legislation.
Most of the obligations are straightforward and do not require the legislator to make any
policy choice on how to implement the obligations. This means the measures are proportional.
•
Choice of the instrument
A directive will aim to set out framework for a uniform implementation of the BBNJ
Agreement in the EU and therefore to avoid forum shopping in the EU. This will lead to faster
permitting and administrative simplification while ensuring a level playing field.
3.
•
RESULTS
OF
EX-POST
EVALUATIONS,
CONSULTATIONS AND IMPACT ASSESSMENTS
Ex-post evaluations/fitness checks of existing legislation
STAKEHOLDER
Not applicable.
•
Stakeholder consultations
The Commission worked closely with Member States during the negotiations on the BBNJ
Agreement. Regular consultations on the BBNJ negotiations also took place with
stakeholders, in particular civil society organisations and other organisations represented in
the UN.
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Directive - 2011/92 - EN - EIA - EUR-Lex
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•
Collection and use of expertise
Not applicable.
•
Impact assessment
The proposed legislation will be limited to the strict transposition of the EU’s international
obligations under the BBNJ Agreement concerning environmental impact assessments,
marine genetic resources and certain aspects of the marine protected areas obligations. There
is no choice to be made between alternative policy options (‘room for manoeuvre’), which
Tool 7 of the Better Regulation toolbox indicates as the rationale for an impact assessment.
The impacts themselves are not considered to be significant, as they will largely relate to
greater consistency of application. For this reason, the Commission does not propose to
conduct an impact assessment nor to carry out an online public consultation.
Similarly, the Commission will not publish a call for evidence as there is no intention to
deviate from the BBNJ Agreement and so there is no added benefit to consulting stakeholders
and soliciting their views. Stakeholders were involved earlier in the process, since the
Preparatory Committee began its work in 2016.
•
Regulatory fitness and simplification
Not applicable.
•
Fundamental rights
This Directive is in line with Article 47 of the Charter of Fundamental Rights and implements
the Aarhus Convention with regard to access to justice. It should be possible for members of
the public concerned, including non-governmental organisations promoting environmental
protection and meeting any requirements under national law, to have access to review of
decisions taken by the Member States under this Directive.
4.
BUDGETARY IMPLICATIONS
This proposal is limited to the strict transposition of obligations under the BBNJ Agreement
concerning environmental impact assessments, marine genetic resources and certain elements
of the area-based management tools and marine protected areas obligations that mirror
existing obligations for the Member States under either EU or other international legislation.
In particular, Member States already have an established framework governing environmental
impact assessments deriving from their obligations under the EIA Directive, the Espoo
Convention and the Aarhus Convention.
Therefore, the administrative impact and costs are estimated to be negligeable to moderate, as
most of the necessary structures and rules are in place. Member States will face costs limited
to the cost of adopting legal, policy or administrative measures to ensure compliance with the
obligations to notify information on marine genetic resources to the BBNJ Clearing-House
Mechanism and to request users to deposit samples and digital sequence information in
publicly available databases and repositories. Member States may face other administrative
costs if they choose to set up IT tools specifically designed to transfer information to the
Clearing-House Mechanism. Alternatively, it may be possible for all stakeholders to use the
central UN clearing house system directly, or, if needed, re-use an existing IT platform in the
EU could be further explored for this scope. If this would be possible, costs could potentially
be minimized. Finally, in terms of human resources, Member States have established national
competent authorities for ABS that may also cover the tasks needed to enforce the measures
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related to marine genetic resources. These costs are not expected to be additional to the costs
already stemming from being a party to the BBNJ Agreement.
The transposition of the Directive and its implementation by Member States will be monitored
by two Commission departments – DG Environment and DG for Maritime Affairs and
Fisheries.
5.
•
OTHER ELEMENTS
Implementation plans and monitoring, evaluation and reporting arrangements
After the co-legislators adopt this Directive, the Commission will make the following
arrangements during the transposition period to facilitate the transposition process:
it will organise meetings with Member State experts in charge of transposing the different
chapters of the Directive to discuss how to transpose them and to resolve any doubts, either in
the context of Commission national expert groups or in another suitable and focused format;
it will be available for bilateral meetings and calls with Member States to discuss any specific
questions on transposing the Directive.
After the transposition deadline, the Commission will carry out a comprehensive assessment
of whether Member States have completely and correctly transposed the Directive.
•
Explanatory documents (for directives)
Following the ruling of the Court of Justice of the European Union in Commission vs
Belgium (case C-543/17), Member States must submit notifications of national transposition
measures together with sufficiently clear and precise information indicating which provisions
of national law transpose which provisions of a directive. This information must be provided
for each obligation, not only for each article.
Provided that the Member States comply with this obligation, in principle they would not
need to send any further explanatory documents on transposition to the Commission.
•
Detailed explanation of the specific provisions of the proposal
The proposal contains common rules for Member States on implementing Part II of the BBNJ
Agreement on marine genetic resources (MGRs), Part III on area-based management tools,
including marine protected areas (MPAs) and Part IV on environmental impact assessments
(EIAs).
Under the MGRs chapter, the obligations for the EU Member States relate to the notifications
to be made to the Clearing-House Mechanism, the obligation to deposit samples and data in
publicly available repositories and databases and to share monetary and non-monetary
benefits. The Directive requires Member States to designate a national competent authority to
overview compliance with the notification and the deposit obligations. The Directive also
clarifies the scope of application for the EU and its Member States, which excludes retractive
application to MGRs and digital sequence information collected and/or generated before the
entry into force of the Agreement.
Under the area-based management tools chapter, the obligations for the Member States relate
to sharing information and cooperating with the Commission and other Member States on
proposals for area-based management tools. The obligations are detailed in the Code of
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Conduct of 14 March 2024 laying down arrangements regarding the exercise of rights and
obligations of the European Union and Member States under the BBNJ Agreement.
Under the EIA chapter, the obligations for the Member States relate to planned activities
under their jurisdiction or control that take place in areas beyond national jurisdiction. For
planned activities under Member States’ jurisdiction or control that takes place in areas within
national jurisdiction and that are likely to have significant effects on the marine environment
in areas beyond national jurisdiction, the only obligation is to make relevant information
available through the BBNJ Clearing-House Mechanism during the process carried out under
the EIA Directive and other relevant EU law that contains provisions related to environment
assessments for planned activities.
Detailed explanation of the specific provisions of the proposal
Chapter 1 General provisions
Article 1: Subject matter
This provision sets out the purpose of the Directive, which is to implement the obligations
under the BBNJ Agreement, in particular its general objective to ensure the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction, for the
present and in the long term.
Article 2: Definitions
This provision contains definitions of the terms used in the Directive.
Article 3: Scope
This provision outlines the cases to which this Directive applies and which activities are
excluded.
Chapter 2: Marine genetic resources and digital sequence information of areas beyond
national jurisdiction
Article 4: General provisions
This article outlines the activities to which the provisions of Chapter 2 apply, and which
activities are excluded.
Article 5: Activities with respect to marine genetic resources of areas beyond national
jurisdiction
This provision sets out the approach for the collection
in situ
of marine genetic resources of
areas beyond national jurisdiction, safeguarding the rights and interests of other States and
ensuring cooperation and coordination.
Article 6: Notification on activities with respect to marine genetic resources and digital
sequence information on marine genetic resources of areas beyond national jurisdiction
This provision refers to the need to systematically notify to the BBNJ Clearing-House
Mechanism information on the collection in situ of marine genetic resources of areas beyond
national jurisdiction, and information on where to find the results of the utilisation. It requires
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Member States to take the legislative, administrative or policy measures needed to ensure this
information is notified to the BBNJ Clearing-House Mechanism.
Article 7 Deposition of marine genetic resources and digital sequence information on marine
genetic resources of areas beyond national jurisdiction
This provision aims to meet the need for Member States to make explicit the request to
natural or legal persons under their jurisdiction utilising marine genetic resources to deposit
samples and digital sequence information on marine genetic resources of areas beyond
national jurisdiction, together with their BBNJ standardised batch identifiers, in publicly
accessible repositories and databases, maintained either nationally or internationally. They
must deposit these samples and information no later than three years from the start of such
utilisation or as soon as they are available, taking into account current international practice.
It states that Member States must confirm to the competent authority that these deposits have
been made. Sharing information in this way is indispensable to provide a level playing field
for compliance checks and to ensure compliance with the EU’s international obligations under
the BBNJ Agreement. This Article also considers that currently, marine research in areas
beyond national jurisdiction is carried out by international research consortia. In these cases,
if the person identified for sharing this information is based in a state located outside the EU,
the consortia must identify a person in the research project established in or resident of a
Member State to provide the confirmations of deposits to the competent authority.
Chapter 3: Environmental assessments
Article 8: General provisions
This provision requires Member States to ensure that the potential impacts on the marine
environment of planned activities under their jurisdiction or control taking place in areas
beyond national jurisdiction are made subject to an assessment before they are authorised.
This provision also aims to specify what Member States must cover in these assessments and
how to coordinate assessments. This provision specifies the obligations for activities that take
place in areas within national jurisdiction and that are likely to have significant effects on the
marine environment in areas beyond national jurisdiction.
Article 9: Screening
This Article outlines the provisions regarding the screening procedure, specifically when a
Member State must conduct a screening for a planned activity. It sets out the level of detail
required, the factors to be considered in the final decision, and what must be made available
to the public and to the Clearing-House Mechanism established under the BBNJ Agreement.
Article 10: Scoping and report
This provision details how the environmental impact assessment report must be prepared and
what information to include. It requires Member States to ensure that environmental impact
assessment reports are of a sufficient quality to meet the requirements of this Directive.
Article 11: Consultations
This provision ensures that Member States give the opportunity to the public and any other
parties to the BBNJ Agreement to participate in the authorisation procedures for planned
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activities. It requires Member States to make specific information available to the public
through the BBNJ Clearing-House Mechanism and the BBNJ Secretariat and to make detailed
arrangements for informing and consulting stakeholders, ensuring that their input is duly
considered and addressed in the decision-making process.
Article 12: Decision-making
This provision ensures that Member States only authorise activities that can be conducted in a
manner consistent with the need to prevent significant adverse impacts on the marine
environment, based on the results of consultations referred to in Article 10. It ensures that the
decision is made available to the public and through the BBNJ Clearing-House Mechanism
and the BBNJ Secretariat.
Article 13: Monitoring
This article outlines the provisions governing the regular monitoring of the impacts of
authorised activities in areas beyond national jurisdiction in order to determine whether these
activities are likely to cause substantial pollution or have significant and harmful changes to
the marine environment. It specifies the need for publication, also through the BBNJ
Clearing-House Mechanism. It requires Member States to review their decisions in the event
of significant harmful impacts or in response to concerns or recommendations from a party to
the BBNJ Agreement or the BBNJ Scientific and Technical Body.
Article 14: Access to justice
This provision ensures that stakeholders have the right to access a review procedure to
challenge the substantive or procedural legality of decisions, acts or omissions under Chapter
3, in accordance with the Aarhus Convention.
Article 15: Strategic environmental assessment of plans and programmes
This provision encourages Member States to conduct strategic environmental assessments for
plans and programmes relating to planned activities under their jurisdiction or control to be
conducted in areas beyond national jurisdiction in order to assess the potential effects of such
plans or programmes on the marine environment.
Chapter 4: Measures such as area-based management tools, including marine protected areas
Article 16: Proposal for the establishment of area-based management tools
This article outlines the requirements for Member States when making proposals to establish
area-based management tools.
Article 17: Content of proposals
This article outlines the content of Member State proposals for establishing area-based
management tools, including marine protected areas. It specifies which stakeholders must be
consulted and what key elements the proposals must include.
Article 18: Implementation
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This provision requires Member States to ensure that activities under their jurisdiction or
control taking place in areas beyond national jurisdiction are conducted in line with the
decisions adopted under Part III of the BBNJ Agreement. It also requires Member States to
support the implementation of the decisions and recommendations made by the Conference of
the Parties under Part III of the BBNJ Agreement.
Article 19: Public participation
This provision states that Member States must give the public the opportunity to participate in
the preparation of proposals to establish area-based management tools, including marine
protected areas.
Chapter 5: Final provisions
Article 20: Competent authorities
This provision requires Member States to identify the competent authorities for carrying out
duties under this Directive.
Articles 21 to 24
These articles contain further provisions on transposition by the Member States, on reporting
by the Member States, on evaluation and reporting by the Commission and on entry into force
of the Directive.
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2025/0090 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee
10
,
Having regard to the opinion of the Committee of the Regions
11
,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1)
It is necessary to tackle biological diversity loss and the degradation of ocean
ecosystems, due in particular to climate change impacts on marine ecosystems, such as
warming and ocean deoxygenation, ocean acidification, pollution (including plastic
pollution) and unsustainable use of the ocean. For this purpose, it is necessary to lay
down rules at EU level in order to implement the international commitments of the
Union and its Member States.
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
12
(‘the BBNJ Agreement’ or ‘the Agreement’) aims to ensure the
conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction, for the present and in the long term, through effective
implementation of the relevant provisions of the United Nations Convention on the
Law of the Sea, to which the Union and its Member States are parties, and further
international cooperation and coordination.
This Directive should implement into EU law the obligations arising from the BBNJ
Agreement in the area of the protection of the environment, acknowledging that its
further implementation would also depend on international cooperation and
coordination, in particular as provided under that Agreement.
(2)
(3)
10
11
12
OJ C , , p. .
OJ C , , p. .
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, adopted on 19
June
2023:
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXI-
10&chapter=21&clang=_en
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(4)
The EU signed the BBNJ Agreement on 20 September 2023. On 17 June 2024, the
Council adopted Council Decision (EU) 2024/1830
13
on the conclusion of the BBNJ
Agreement on behalf of the Union. The Union has not yet deposited its instrument of
approval of the BBNJ Agreement. Pursuant to Article 68(1) of the BBNJ Agreement,
it will enter into force 120 days after the date on which the sixtieth instrument of
ratification, approval, acceptance or accession is deposited.
The Union is committed to stepping up efforts to tackle climate change and to
delivering on the implementation of the Paris Agreement adopted under the United
Nations Framework Convention on Climate Change (‘the Paris Agreement’), guided
by its principles and on the basis of the best available scientific knowledge, in the
context of the long-term temperature goal of the Paris Agreement.
The Convention on Biological Diversity was approved on behalf of the Union in
accordance with Council Decision 93/626/EEC
14
. The Nagoya Protocol on Access to
Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their
Utilization to the Convention on Biological Diversity was approved on behalf of the
EU in accordance with Council Decision 2014/283/EU
15
and Regulation (EU) No
511/2014 of the European Parliament and of the Council. The Convention sets out the
framework for measures to comply with the Nagoya Protocol on Access to Genetic
Resources and the Fair and Equitable Sharing of Benefits Arising from their
Utilization in the Union.
As parties to the Convention on Biological Diversity, the Union and its Member States
are committed to achieving the goals and targets of the Kunming-Montreal Global
Biodiversity Framework, adopted at the fifteenth meeting of the Conference of the
Parties to the Convention on Biological Diversity on 7-19 December 2022, and the
long-time strategic vision that, by 2050, biodiversity is to be valued, conserved,
restored and wisely used, maintaining ecosystem services, sustaining a healthy planet
and delivering benefits essential for all people. The EU biodiversity strategy for 2030,
in the communication of the Commission of 20 May 2020 entitled ‘EU Biodiversity
Strategy for 2023 Bringing nature back into our lives’, sets out multiple objectives,
including the aim to restore the good environmental status of marine ecosystems.
Directive (EU) 2019/1024
16
of the European Parliament and of the Council encourages
public sector bodies and public undertakings to produce and make available research
data in accordance with the principle of “open by design and by default’’ and the
FAIR principles, This Directive is also imposing the sharing of certain research data
for its re-usability.
Pursuant to the BBNJ Agreement, activities with respect to marine genetic resources
and digital sequence information on marine genetic resources of areas beyond national
Council Decision (EU) 2024/1830 of 17 June 2024 on the conclusion, on behalf of the European Union,
of 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, OJ L 2024/1830,
19.7.2024
Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on
Biological Diversity,
OJ L 309, 13.12.1993, p. 1
Council Decision 2014/283/EU of 14 April 2014 on the conclusion, on behalf of the Union, of the
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits
Arising from their Utilization to the Convention on Biological Diversity
Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data
and the re-use of public sector information (recast), OJ L 172, 26.6.2019, p. 56–83
(5)
(6)
(7)
(8)
(9)
13
14
15
16
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jurisdiction are in the interests of all States and for the benefit of all humanity,
particularly for the benefit of advancing the scientific knowledge of humanity and
promoting the conservation and sustainable use of marine biological diversity, taking
into consideration the interests and needs of developing States.
(10)
It is necessary, in line with Article 9 of the BBNJ Agreement, to foster fair and
equitable sharing of benefits arising from activities with respect to marine genetic
resources and digital sequence information on marine genetic resources of areas
beyond national jurisdiction for the conservation and sustainable use of marine
biological diversity of areas beyond national jurisdiction.
The EU deposited Exception 2024/1833 under Article 70 in conjunction with Article
10(1) of the BBNJ Agreement regarding the retroactive effects set out in the second
sentence of that Article. This means the provisions of the Agreement will 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 BBNJ Agreement enters into force for the Union.
When accessing traditional knowledge associated with marine genetic resources
collected in areas beyond national jurisdiction that is held by indigenous peoples and
local communities, such access should be done with free, prior and informed consent
or approval and involvement of these indigenous peoples and local communities as set
out in Article 13 of the BBNJ Agreement. In such cases, any applicable national
legislation enabling the indigenous peoples and local communities that hold the
traditional knowledge to issue free, prior and informed consent should apply.
To reduce the administrative burden and costs of implementation, Member States may,
where available, use a digital platform provided by the Commission to meet the
purpose of this Directive.
The BBNJ Agreement allows the establishment of area-based management tools,
including marine protected, areas in areas beyond national jurisdiction. Measures
adopted by the Conference of the Parties under the BBNJ Agreement should be
implemented and, if necessary, transposed into EU legislation. Pending transposition,
Member States should not undermine the effectiveness of the measures adopted. It is
necessary to lay down the procedures needed to ensure coordination among the
Member States and the Commission prior to the submission of any proposal to
establish area-based management tools or a proposal for an emergency measure to the
BBNJ Secretariat.
Under this Directive, for any proposal to establish area-based management tools or
any proposal for an emergency measure under Articles 19 and 24(3) of the BBNJ
Agreement, the Commission should carry out a preliminary legal assessment. This
assessment should include an assessment of the need for the Union to make such a
proposal to the BBNJ Secretariat.
The BBNJ Agreement lays down provisions concerning environmental impact
assessment in areas beyond national jurisdiction to reflect developments at
international level. It is necessary to provide for minimum provisions on how these
obligations are implemented in the Union, in the light of the obligations raising from
the BBNJ Agreement, thus ensuring a level-playing field between the Member States
and avoiding conflicting requirements. The effects of planned activities taking place in
areas beyond national jurisdiction on the marine environment should be assessed in
order to take account of concerns to protect human health, to enhance the quality of
(11)
(12)
(13)
(14)
(15)
(16)
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life by creating a better environment, to maintain the diversity of species and to
maintain the reproductive capacity of the ecosystem as a basic resource for life.
(17)
The Union is party to the United Nations Economic Commission for Europe
Convention on access to information, public participation in decision-making and
access to justice in environmental matters, signed in Aarhus on 25 June 1998 and
ratified on 17 February 2005. The Union is party to the United Nations Economic
Commission for Europe Convention on environmental impact assessment in a
transboundary context, signed in Espoo on 25 February 1991 and ratified on 24 June
1997. The obligations under these Conventions should remain applicable in the areas
falling within the scope of this Directive. The Espoo Convention aims to enhance
international co-operation in assessing environmental impact in particular in a
transboundary context. The objectives of the Aarhus Convention include guaranteeing
the rights of public participation in decision-making in environmental matters in order
to contribute to the protection of the right to live in an environment which is adequate
for personal health and well-being. Within the scope of this Directive, the rights of
public participation in decision-making in environmental matters should be exercised
following the same principles as those established under the Aarhus Convention.
While the purpose of this Directive is to provide for a legal framework governing
activities taking place in areas beyond national jurisdiction, any activities to be
conducted in areas within national jurisdiction that are likely to have significant effects
on the marine environment in areas beyond national jurisdiction should be subject to
an assessment in accordance with Directive 2011/92/EU of the European Parliament
and of the Council
17
, other relevant EU law that contains provisions related to
environment assessments for planned activities
18
and national laws transposing EU
legislation. In accordance with Article 28(2) of the BBNJ Agreement, in the EU such
activities conducted in areas within national jurisdiction should be assessed under
established EU rules. In those cases, Member States should ensure that they meet the
obligations under the BBNJ Agreement.
Since other applicable legal instruments or frameworks or global, regional,
subregional or sectoral bodies provide a framework for assessing the impacts of
planned activities under national jurisdiction or control that take place in areas beyond
national jurisdiction, Member States should not be required to conduct a screening or
an environmental impact assessment in accordance with this Directive under the
conditions set out in Article 29(4) of the BBNJ Agreement. In such cases, the Member
State concerned should ensure that the environmental impact assessment report is
published through the BBNJ Clearing-House Mechanism.
Any plans or programmes prepared or adopted by national, regional or local
authorities of Member States which are likely to have significant effects on the marine
OJ L 26, 28.1.2012, p. 1–21
Such as
Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023
amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards
the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652,
Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024
establishing a framework for ensuring a secure and sustainable supply of critical raw materials and
amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020,
Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on
establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing
ecosystem and amending Regulation (EU) 2018/1724
(18)
(19)
(20)
17
18
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environment in areas beyond national jurisdiction should be subject to an assessment
in accordance with Directive 2001/42/EC of the European Parliament and of the
Council
19
and national laws transposing that Directive.
(21)
When determining the likelihood of significant effects of planned activities, Member
States should take into account how notable or important effects can be. They should
also take account of criteria set out in Directive 2011/92/EU in making this
determination.
In order to determine whether a planned activity may cause substantial pollution of or
significant and harmful changes to the marine environment, the screening or the
environmental impact assessment of such an activity should, in principle, be carried
out at the earliest possible stage in the decision-making process with a view to
identifying and assessing all the likely effects which the planned activity may have on
the marine environment. This is particularly important to identify and assess unknown
or poorly understood effects of the planned activities.
Decisions authorising planned activities that take place in areas beyond national
jurisdiction granted by the competent authority or authorities may take the form of a
wide range of legal acts (such as development consents, decisions, permits and other
forms of authorisation), depending on the national procedures applicable in the
Member States. Irrespective of the form, title or the procedure for adopting such
decisions under national law, Member States should ensure that planned activities
taking place in areas beyond national jurisdiction that may cause substantial pollution
of or significant and harmful changes to the marine environment are made subject to
an assessment before being authorised.
This Directive is in line with Article 47 of the Charter of Fundamental Rights and
implements the obligation under the Aarhus Convention to guarantee access to justice
in environmental matters. It should be possible for the public concerned including
non-governmental organisations promoting environmental protection and meeting any
requirements under national law to have access to review of decisions taken by
Member States under this Directive.
The effectiveness of this Directive requires that natural or legal persons, or their duly
constituted organisations, should be able to cite it in legal proceedings and the national
courts should be able to take this Directive into consideration as an element of EU law,
for example when reviewing decisions of a national authority. In addition, according
to settled case law of the Court of Justice, under the principle of sincere cooperation
laid down in Article 4(3) of the Treaty on European Union (TEU), it is for the courts
of the Member States to ensure judicial protection of a person’s rights under EU law.
Article 19(1) TEU requires Member States to provide remedies sufficient to ensure
effective judicial protection in the fields covered by EU law. In addition, under the
Aarhus Convention, members of the public should have access to justice to protect
their right to live in an environment adequate to their personal health and well-being.
This Directive respects the fundamental rights and observes the principles as
recognised in particular by the Charter, including the freedom of expression and
information, the freedom to conduct a business, the right to an effective remedy and to
a fair trial, the principles of legality and proportionality. This Directive seeks to ensure
full respect for those rights and principles and should be implemented accordingly.
OJ L 197, 21.7.2001, p. 30–37
(22)
(23)
(24)
(25)
(26)
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(27)
In accordance with the Joint Political Declaration of 28 September 2011 of Member
States and the Commission on explanatory documents
20
, Member States have
undertaken to provide, in justified cases, notification of their transposition measures
together with one or more documents explaining the relationship between the
components of a directive and the corresponding parts of national transposition
instruments. With regard to this Directive, the legislators consider the transmission of
such documents to be justified, in particular following the judgment of the European
Court of Justice in Case Commission vs Belgium
21
(case C-543/17),
CHAPTER 1
General provisions
Article 1
Subject matter
HAVE ADOPTED THIS DIRECTIVE:
This Directive establishes minimum rules regarding implementation within the European
Union of the Agreement (‘the BBNJ Agreement’ or ‘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.
Article 2
Definitions
For the purposes of this Directive, the following definitions apply:
(a) ‘areas beyond national jurisdiction’ means the high seas and the Area as defined in Article
1(1) of the United Nations Convention on the Law of the Sea;
(b) ‘collection in situ’, in relation to marine genetic resources, means the collection or
sampling of marine genetic resources in areas beyond national jurisdiction;
(c) ‘Conference of the Parties’ means the Conference of the Parties established under Article
47 of the BBNJ Agreement;
(d) ‘marine genetic resources’ means any material of marine plant, animal, microbial or other
origin containing functional units of heredity of actual or potential value;
(e) ‘utilisation of marine genetic resources’ means conducting research and development on
the genetic and/or biochemical composition of marine genetic resources, including through
the application of biotechnology;
(f) ‘BBNJ Clearing-House Mechanism’ means the platform established under Article 51 of
the BBNJ Agreement;
(g) ‘BBNJ Scientific and Technical Body’ means the body established under Article 49 of the
BBNJ Agreement;
(h) ‘BBNJ Secretariat’ means the secretariat established under Article 50 of the BBNJ
Agreement;
20
21
OJ L 369, 17.12.2011, p. 14
Judgment of the Court of Justice of 8 July 2019, Commission v Belgium, C-543/17,
ECLI:EU:C:2019:573
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(i) ‘planned activity’ means an activity involving the execution of construction works,
installations, schemes or other interventions in the marine environment, including regular
activities aimed at utilising natural resources;
(j) ‘activities under jurisdiction or control’ means activities carried out by both public and
private entities, on which the Member State can, in accordance with international law,
exercise its competence or authority;
(k) ‘plans and programmes’ means the plans and programmes defined in Article 2(a) of
Directive 2001/42/EC and any modifications to them which are subject to preparation and/or
adoption by an authority at global, national, regional, subregional or local level or which are
prepared by an authority for adoption, through a legislative procedure by Parliament or
Government, and which are required by legislative, regulatory or administrative provisions;
(l) ‘decision to authorise’ means a decision taken by the competent authority or authorities
allowing the execution of a planned activity;
(m) ‘public concerned’ means natural and legal persons affected or likely to be affected by, or
having an interest in, the environmental decision-making procedures referred to in Chapter 3
of this Directive, including non-governmental organisations promoting environmental
protection and meeting any requirements under national law;
(n) ‘public’ means the public concerned as well as indigenous peoples and local communities
with relevant traditional knowledge and relevant global, regional, subregional and sectoral
bodies and the scientific community;
(o) ‘competent authority or authorities’ mean the authority or authorities that the Member
States designate as responsible for performing the duties arising from this Directive;
(p) ‘environmental impact assessment’ means a process to prepare an environmental impact
assessment report, carry out consultations, take into account of the environmental impact
assessment report and the results of the consultations in decision-making and provide
information on the decision in accordance with Chapter 3 of this Directive;
(q) ‘environmental impact assessment report’ means documentation containing the
information required in Article 10(4) of this Directive;
(r) ‘cumulative impacts’ means the combined and incremental impacts resulting from
different activities, including known past and present and reasonably foreseeable activities, or
from the repetition of similar activities over time, and the consequences of climate change,
ocean acidification and related impacts;
(s) ‘minor or transitory effects’ mean effects that do not have significant harmful impact on
the marine environment.
Article 3
Scope
1. This Directive applies to planned activities under Member States’ jurisdiction or control
that take place in areas beyond national jurisdiction.
2. This Directive shall not apply to any warship, military aircraft or naval auxiliary. Except
for Chapter 2, this Directive does not apply to any other vessels or aircraft owned or operated
by a Member State and used, for the time being, only on government non-commercial service.
3. This Directive shall not apply to planned activities under Member States’ jurisdiction or
control that take place in areas within national jurisdiction except for the provisions under
Article 8(6) of this Directive.
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4. This Directive does not affect the obligation on the competent authorities to respect the
limitations set under national laws, regulations and administrative provisions and accepted
legal practices with regard to commercial and industrial confidentiality, including intellectual
property, and the safeguarding of the public interest.
CHAPTER 2
Marine genetic resources and digital sequence information of areas beyond national
jurisdiction
Article 4
General provisions
1. This Chapter applies 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 as from XX [after the entry into force of the BBNJ Agreement for the
EU and its Member States – OJ to insert the date].
2. This Chapter does not apply to:
(a) fishing regulated under applicable international law and fishing-related activities; and
(b) fish or other living marine resources known to have been taken in fishing and fishing-
related activities from areas beyond national jurisdiction, unless such fish or other living
marine resources are regulated as utilisation under Part II of the BBNJ Agreement.
Article 5
Activities with respect to marine genetic resources of areas beyond national jurisdiction
Member States shall ensure that collection in situ of marine genetic resources of areas beyond
national jurisdiction is carried out with due regard for the rights and legitimate interests of
coastal states in areas within their national jurisdiction and with due regard for the interests of
other states in areas beyond national jurisdiction, in accordance with the United Nations
Convention on the Law of the Sea. For this purpose, Member States shall cooperate, as
appropriate, including using the BBNJ Clearing-House Mechanism, in order to implement the
provisions of this Chapter.
Article 6
Notification on activities with respect to marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction
1. Member States shall ensure that the information listed in paragraph 2, and any update of
paragraph 3, is notified to the BBNJ Clearing-House Mechanism. Member States shall ensure
coordination between the system used for notification of paragraph 2 and other notification
systems provided under other Union legislation.
2. The following information shall be notified to the BBNJ Clearing-House Mechanism six
months prior to the collection in situ of marine genetic resources of areas beyond national
jurisdiction:
(a) the nature of the collection and the objectives under which it is carried out, including, as
appropriate, any programme of which it forms part;
(b) the subject matter of the research or, if known, the marine genetic resources to be targeted
or collected, and the purposes for which such resources will be collected;
(c) the geographical areas in which the collection is to be carried out;
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(d) a summary of the method and means to be used for collection, including the name,
tonnage, type and class of vessels, scientific equipment and/or study methods employed;
(e) information concerning any other contributions to proposed major programmes;
(f) the expected date of the first appearance and final departure of the research vessels, or
deployment of the equipment and its removal, as appropriate;
(g) the name(s) of the sponsoring institution(s) and the person in charge of the research
project;
(h) opportunities for scientists from all states, in particular scientists from developing states,
to be involved in or associated with the research project;
(i) the extent to which it is considered that states parties to the BBNJ Agreement that may
need and request technical assistance, in particular developing states, should be able to
participate or to be represented in the research project;
(j) a data management plan prepared according to open and responsible data governance,
taking into account current international practice.
3. Where there is a material change to the information provided to the BBNJ Clearing-House
Mechanism prior to the planned collection, updated information shall be notified to the BBNJ
Clearing-House Mechanism within a reasonable period of time and no later than the start of
collection in situ, when practicable.
4. Member States shall ensure that the following information, along with the ‘BBNJ’
standardised batch identifier, is notified to the BBNJ Clearing-House Mechanism as soon as it
is available, but no later than one year from the collection in situ of marine genetic resources
of areas beyond national jurisdiction:
(a) the repository or database where digital sequence information on marine genetic resources
is or will be deposited;
(b) the location where all marine genetic resources collected in situ are or will be deposited or
held;
(c) a report detailing the geographical area from which marine genetic resources were
collected, including information on the latitude, longitude and depth of collection, and, to the
extent available, the findings from the activity;
(d) any necessary updates to the data management plan provided under paragraph 2, point (j).
5. Member States shall ensure that samples of marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction that are in
repositories or databases under their jurisdiction can be identified as originating from areas
beyond national jurisdiction, in accordance with current scientific international practice and to
the extent practicable.
6. Member States shall ensure that repositories, to the extent practicable, and databases under
their jurisdiction prepare, on a biennial basis, an aggregate report on access to marine genetic
resources and digital sequence information linked to their BBNJ standardised batch identifier,
and make the report available to the access and benefit-sharing committee set up under Article
15 of the BBNJ Agreement.
7. Where marine genetic resources of areas beyond national jurisdiction, and where
practicable, the digital sequence information on such resources are subject to utilisation,
including commercialisation, by natural or legal persons under their jurisdiction, Member
States shall ensure that the following information, including the BBNJ standardised batch
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identifier, if available, is notified to the BBNJ Clearing House Mechanism as soon as it is
available:
(a) the location of the results of this utilisation, such as publications, patents granted, if
available and to the extent possible, and products developed;
(b) where available, details of the post-collection notification to the BBNJ Clearing House
Mechanism related to the marine genetic resources that were the subject of utilisation;
(c) the location where the original sample that is the subject of utilisation is held;
(d) the arrangements envisaged for access to marine genetic resources and digital sequence
information on marine genetic resources that are being utilised, and a data management plan
for the same;
(e) once marketed, information, if available, on sales of relevant products and any further
development.
8. Where available and appropriate, Member States may use a digital platform provided by
the Commission to prepare and submit the information specified in paragraph 2 and 4.
Article 7
Deposition of marine genetic resources and digital sequence information on marine
genetic resources
1. Member States shall ensure that natural or legal persons under their jurisdiction utilising
marine genetic resources and digital sequence information on marine genetic resources of
areas beyond national jurisdiction deposit these marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction, together with
their BBNJ standardised batch identifiers, in publicly accessible repositories and databases,
maintained either nationally or internationally, no later than three years from the start of such
utilisation, or as soon as they are available.
2. Member States shall also ensure that the natural or legal persons referred to in paragraph 1
provide the confirmations of deposits to the competent authority.
If multiple natural or legal person are involved in the utilisation, the person responsible for
overseeing the research project shall provide the confirmations of deposits to the competent
authority in the Member State in which the person responsible for overseeing the research
project is established or resident.
If the person responsible for overseeing the research project is not established or resident in
the Union, Member States shall ensure that the natural or legal persons under their jurisdiction
and involved in the research project identify a person in the research project who is
established in or resident of a Member State to provide the confirmations of deposits to the
competent authority.
3. Member States shall ensure, including through coordination, cooperation and exchange of
relevant information, that the information in paragraph 1 and 2 is shared in a simplified
manner, without unduly increasing the administrative burden on the competent authority or
authorities or on natural or legal persons who provide the confirmations of deposits.
CHAPTER 3
Environmental assessments
Article 8
General provisions
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1. Member States shall ensure that the potential impacts on the marine environment of
planned activities under their jurisdiction or control that take place in areas beyond national
jurisdiction are made subject to an assessment before a decision authorising them (a
development consent) is provided by the competent authority or authorities in accordance
with this Directive.
2. The assessment referred in paragraph 1 may be integrated into Member States’ existing
procedures for the authorisation of planned activities.
3. In order to coordinate and facilitate the assessment procedures for planned activities under
Member States’ jurisdiction or control that take place in areas beyond national jurisdiction,
and, in particular, to conduct consultations in accordance with Article 11, the Member States
concerned may set up, on the basis of equal representation, a joint body.
4. Where an environmental impact assessment for a planned activity shall be carried out,
Member States shall take into account, where available, the results of relevant strategic
environmental assessments, in particular those carried out under Article 15.
5. This Chapter does not apply to planned activities under Member States’ jurisdiction or
control that take place in areas beyond national jurisdiction and have a minor or transitory
effect on the marine environment.
6. This Chapter does not apply to planned activities under Member States’ jurisdiction or
control that take place in areas beyond national jurisdiction for which a screening or an
environmental impact assessment have been carried out in accordance with the requirements
of other relevant international legal instruments or frameworks or by relevant global, regional,
subregional or sectoral bodies. For activities for which an environmental impact assessment
has been carried out in accordance with the requirements of other relevant legal instruments
or frameworks or by relevant global, regional, subregional or sectoral bodies, Member States
shall ensure that the conditions under Article 29(4) of the BBNJ Agreement are met. In such
cases, the Member State concerned shall ensure that the environmental impact assessment
report is published through the BBNJ Clearing-House Mechanism and that the activity is
monitored.
7. For planned activities under Member States’ jurisdiction or control that take place in areas
within national jurisdiction and are likely to have significant effects on the marine
environment in areas beyond national jurisdiction, Member States shall apply Directive
2011/92/EU and other relevant EU law that contains provisions related to environment
assessments for planned activities. For these activities, Member States shall make relevant
information available through the BBNJ Clearing-House Mechanism in a timely manner,
during the process under Directive 2011/92/EU and other relevant EU law that contains
provisions related to environment assessments for planned activities and ensure that the
activity is monitored in a manner consistent with the requirements of that Directive and
national legislation.
Article 9
Screening
1. If a planned activity may have more than a minor or transitory effect on the marine
environment in areas beyond national jurisdiction, or the effects of the activity are unknown
or poorly understood, the Member State with jurisdiction or control of the activity shall
conduct a screening in order to determine whether the activity may cause substantial pollution
of or significant and harmful changes to the marine environment and therefore shall be made
subject to an assessment.
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2. The screening shall be conducted within a reasonable timeframe and shall be sufficiently
detailed for the Member State to assess whether it has reasonable grounds for determining that
the planned activity may cause substantial pollution of or significant and harmful changes to
the marine environment.
3. When conducting the screening, Member States shall consider at least the description of the
planned activity, including its purpose, location, duration and intensity, the initial analysis of
the potential impacts, including consideration of cumulative impacts and, as appropriate,
alternatives to the planned activity.
4. For the purposes of the screening, Member States shall take into account at least the
following factors:
(a) the type of planned activity, the technology used for the activity and the manner in which
the activity is to be executed;
(b) the duration of the planned activity;
(c) the location of the planned activity;
(d) the characteristics and ecosystem of the location (including areas of particular ecological
or biological significance or vulnerability) of the planned activity;
(e) the potential impacts of the planned activity, including the potential cumulative impacts
and the potential impacts in areas within national jurisdiction;
(f) the extent to which the effects of the planned activity are unknown or poorly understood;
(g) other relevant ecological or biological factors.
5. Where, as a result of the screening, it is determined that the planned activity may cause
substantial pollution of or significant and harmful changes to the marine environment, an
environmental impact assessment shall be carried out in accordance with this Chapter.
6. The competent authority shall take a screening decision on the basis of the factors referred
to in paragraph 4. The screening decision, including the main reasons for requiring or not
requiring an assessment with reference to the relevant factors listed in paragraph 4, shall be
made available to the public, including through the BBNJ Clearing-House Mechanism.
7. If, following the publication of the screening decision referred to in paragraph 6, a Party to
the BBNJ Agreement or the BBNJ Scientific and Technical Body raise any concerns or
recommendations within a period of 40 days after publication of the screening decision with
regard to a determination that a planned activity may not cause substantial pollution of or
significant and harmful changes to the marine environment, the Member State that made this
determination shall take these concerns into consideration. As a result, the Member State may
review its determination.
Article 10
Scoping and report
1. Where an environmental impact assessment for a planned activity is to be carried out,
Member States shall ensure that an environmental impact assessment report is prepared.
2. The environmental impact assessment report shall be based on an opinion on its scope
issued by a competent authority.
3. The competent authority shall issue the opinion referred to in paragraph 2 taking into
account the best available science and scientific information and, where available, relevant
traditional knowledge of indigenous peoples and local communities, as well as information on
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the key environmental and any associated impacts of the planned activity, such as economic,
social, cultural and human health impacts, including potential cumulative impacts and impacts
in areas within national jurisdiction, as well as reasonable alternatives to the planned activity.
4. The environmental impact assessment report referred to in paragraph 1 shall include at least
the following information:
(a) a description of the planned activity, including its location;
(b) the opinion issued under paragraph 3;
(c) a baseline assessment of the marine environment likely to be affected by the planned
activity;
(d) a description of potential impacts of the planned activity, including potential cumulative
impacts and any impacts of the activity in areas within national jurisdiction;
(e) a description of prevention, mitigation and management measures;
(f) a description of uncertainties and gaps in knowledge;
(g) information on the public consultation process;
(h) a description of the consideration of reasonable alternatives to the planned activity;
(i) a description of follow-up actions, including an environmental management plan to be
implemented during the execution and operation of the activity;
(j) a non-technical summary of the information referred to in points (a) to (i).
5. In order to ensure that completeness and quality of the environmental impact assessment
reports, Member States shall ensure that the reports are prepared by competent experts and
that the competent authorities have, or have access as necessary to, sufficient expertise to
examine these reports.
Article 11
Consultations
1. Member States shall ensure that, within reasonable time-frames, the following information
is made available to the public, including through the BBNJ Clearing-House Mechanism and
the BBNJ secretariat:
(a) the environmental impact assessment report referred to in Article 10(1);
(b) the request for authorisation of the planned activity;
(c) the fact that the planned activity is subject to an environmental impact assessment;
(d) details of the competent authorities responsible for taking the decision to authorise the
activity, those from which relevant information can be obtained, and those to which
comments or questions can be submitted, as well as details of the time frame for submitting
comments or questions;
(e) an indication of the times and places at which, and the means by which, the relevant
information will be made available;
(f) details of the arrangements for public participation made under paragraph 4.
2. Parties to the BBNJ Agreement, in particular coastal parties adjacent to the planned activity
and any other parties adjacent to the planned activity, and the public concerned shall be given
early and effective opportunities to participate in procedures for authorising the planned
activities referred to in Article 12(2) and shall, for that purpose, be entitled to express
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comments and opinions before a decision to authorise a planned activity is taken when all
options are open to the competent authority or authorities.
3. For the purposes of paragraph 2, Member States shall determine potentially most affected
parties by taking into account the nature and potential effects on the marine environment of
the planned activity. Such parties shall include:
(a) coastal parties whose exercise of sovereign rights for the purpose of exploring, exploiting,
conserving or managing natural resources may reasonably be believed to be affected by the
planned activity;
(b) parties that carry out, in the area of the planned activity, human activities, including
economic activities, that may reasonably be believed to be affected by the planned activity.
4. Member States shall set up the detailed arrangements for informing the stakeholders
referred to in paragraph 2 and reasonable time-frames for consulting the stakeholders referred
to in paragraph 2, that shall not be shorter than 30 days but shall not be longer than 85 days.
To that extent, Member States may use existing arrangements resulting from Directive
2011/92/EU and other relevant EU law that contains provisions related to environment
assessments for planned activities.
5. Member States shall ensure that the results of the consultation, including relevant
comments and opinions expressed by parties and the public concerned as well as those made
by the BBNJ Scientific and Technical Body, are duly taken into account and addressed in the
decision-making process.
Article 12
Decision-making
1. Member States shall ensure that the competent authority or authorities make a decision to
authorise a planned activity when, taking into account mitigation or management measures,
have determined that all reasonable efforts have been made to ensure that the planned activity
can be conducted in a manner consistent with the prevention of significant adverse impacts on
the marine environment.
2. The decision to authorise a planned activity shall be based on the results of the
consultations referred to in Article 11 and shall incorporate at least the following:
(a) a conclusion of the competent authority on the likely significant impacts of the planned
activity on the marine environment and the main reasons for the authorisation;
(b) any conditions attached to the decision, a description of any features of the planned
activity and/or measures envisaged to avoid, prevent or reduce any substantial pollution of or
significant and harmful changes to the marine environment as well as monitoring measures.
Where appropriate, these measures may be incorporated into an environmental management
plan.
3. A decision not to authorise a planned activity shall state the main reasons for the non-
authorisation.
4. When a decision to authorise or not to authorise a planned activity has been taken, Member
States shall promptly ensure that the decision is made available to the public, including
through the BBNJ Clearing-House Mechanism and the BBNJ secretariat. To that point,
Member States shall make available the comments and opinions received during the
consultations referred to in Article 11 and a description of the manner in which these
comments and opinions have been taken into account or otherwise addressed.
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Article 13
Monitoring
1. Member States shall, by using the best available science and scientific information and,
where available, the relevant traditional knowledge of indigenous peoples and local
communities, monitor the impacts of authorised activities in areas beyond national
jurisdiction in order to determine whether these activities are likely to pollute or have
significant and harmful changes to the marine environment. In particular, each Member State
shall monitor the environmental and any associated impacts, such as economic, social,
cultural and human health impacts, of an authorised activity under their jurisdiction or control
in accordance with the conditions attached to the decision to authorise the planned activity.
2. Where a Member State with jurisdiction or control over an authorised activity identifies
significant and harmful changes to the marine environment that either were not foreseen in the
environmental impact assessment, in nature or severity, or that arise from a breach of any of
the conditions referred to in Article 12(2)(b) or where a party to the BBNJ Agreement or the
BBNJ Scientific and Technical Body raise any concerns or recommendations, the Member
State concerned shall review its decision. To that point, it shall:
(a) require that measures be proposed and implemented to prevent, mitigate and/or manage
those impacts or take any other necessary action and/or halt the activity as appropriate; and
(b) evaluate, in a timely manner, any measures implemented or actions taken under point (a).
In that event, Member States shall promptly notify the BBNJ Conference of the parties, other
Parties to the BBNJ Agreement and the public concerned, including through the BBNJ
Clearing-House Mechanism.
3. Member States shall periodically but not less frequently than every three years publish a
report on the impacts of the authorised activities and the results of the monitoring required
under paragraph 1.
4. Member States shall ensure that the following is made available to the public, including
through the BBNJ Clearing-House Mechanism:
(a) monitoring reports;
(b) reports on the review of the impacts of the authorized activity;
(c) where a decision authorising the activity has been changed, newly taken decisions,
including information referred to in Article 12(2).
Article 14
Access to justice
Member States shall ensure that, in accordance with the relevant national legal system,
members of the public concerned have access to a review procedure before a court of law or
another independent and impartial body set up by law to challenge the substantive or
procedural legality of decisions, acts or omissions under Articles 8 to 13.
Article 15
Strategic environmental assessment of plans and programmes
Member States may, individually or in cooperation with other Member States or with other
Parties to the BBNJ Agreement, carry out strategic environmental assessments for plans and
programmes relating to planned activities under their jurisdiction or control to be conducted in
areas beyond national jurisdiction, in order to assess the potential effects of such plans or
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programmes on the marine environment. Where Directive 2001/42/EC provides for an
obligation to carry out a strategic environmental assessment, Member States shall comply
with the provisions of that Directive when carrying out such assessments.
CHAPTER 4
Measures such as area-based management tools, including marine protected areas
Article 16
Proposal for the establishment of area-based management tools
1. Member States shall, irrespective of whether they act individually or collectively, send the
draft of a proposal under Article 19 of the BBNJ Agreement or of an emergency measure
under Article 24(3) of that Agreement to the Commission before any submission to the BBNJ
Secretariat. Upon receipt, the Commission shall inform all Member States and share the draft
proposal. If other Member States have comments, they shall submit these comments to the
Commission within 30 days from receipt of the draft proposal or earlier if warranted by the
emergency measure. The Commission shall send the comments received on to the other
Member States.
2. The Commission shall present a preliminary assessment of the draft proposal or draft
emergency measures received under paragraph 1 before Member States submit any proposal
or draft to the BBNJ Secretariat. The aim of the preliminary assessment is to help determining
whether the proposal or the emergency measure should be submitted or not on behalf of the
Union, or the Union and its Member States.
3. The Commission shall present a preliminary assessment of whether the draft proposal or
draft emergency measure received under paragraph 1 should be submitted to the BBNJ
Secretariat by the Commission on behalf of the Union. Pending such preliminary assessment,
and if the preliminary assessment concludes that the submission should be made on behalf of
the Union, Member States shall refrain from submitting the proposal or emergency measure
referred to in paragraph 1 to the BBNJ Secretariat.
Article 17
Content of proposals
1. Proposals under Article 19 of the BBNJ Agreement regarding the establishment of area-
based management tools, including marine protected areas, or the emergency measure under
Article 24(3) of that Agreement shall be formulated on the basis of the best available science
and scientific information and, where available, relevant traditional knowledge of indigenous
peoples and local communities, following the precautionary approach and an ecosystem
approach.
2. Stakeholders, including states and global, regional, subregional and sectoral bodies, as well
as civil society, the scientific community, the private sector, indigenous peoples and local
communities, shall be consulted, as appropriate, on the development of proposals referred to
in this Chapter.
3. Proposals shall include the following key elements in relation to the identified area that is
the subject of the proposal:
(a) a geographic or spatial description of the identified area by reference to the indicative
criteria specified in Annex I to the BBNJ Agreement;
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(b) information on any of the criteria specified in Annex I to the BBNJ Agreement;
(c) human activities taking place in the identified area, including uses by indigenous peoples
and local communities, and their possible impact, if any;
(d) a description of the state of the marine environment and biological diversity;
(e) a description of the conservation and, where appropriate, sustainable use objectives that
are to be applied to the area;
(f) a draft management plan encompassing the proposed measures and outlining proposed
monitoring, research and review activities to achieve the specified objectives;
(g) the duration of the proposed area and measures, if any;
(h) information on any consultations undertaken with states, including adjacent coastal states
and/or relevant global, regional, subregional and sectoral bodies, if any;
(i) information on area-based management tools, including marine protected areas,
implemented under relevant legal instruments and frameworks and relevant global, regional,
subregional and sectoral bodies;
(j) relevant scientific input and, where available, traditional knowledge of indigenous peoples
and local communities.
4. Member States shall strive to collaborate and share information about proposals, including
elements listed in paragraph 3.
Article 18
Implementation
1. Member States shall ensure that activities under their jurisdiction or control that take place
in areas beyond national jurisdiction are conducted in line with the decisions of the
Conference of the Parties adopted under Part III of the BBNJ Agreement.
2. Member States shall promote, as appropriate, the adoption of measures under relevant legal
instruments and frameworks and relevant global, regional, subregional and sectoral bodies of
which they are members, to support the implementation of the decisions and
recommendations made by the Conference of the Parties under Part III of the BBNJ
Agreement.
Article 19
Public participation
Member States shall ensure that the public is given the opportunity to participate in the
preparation of proposals to establish area-based management tools, including marine
protected areas, under Article 15 in accordance with the requirements of Articles 6 and 7 of
Directive 2001/42/EC.
Chapter 5
Final provisions
Article 20
Competent authorities
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1. By xx [the transposition deadline minus four months – OP to insert the date] Member
States shall identify the competent authorities that will perform the duties under Chapters 2 to
5 of this Directive and notify these to the Commission.
2. Member States shall ensure that competent authorities performing duties under this
Directive have a sufficient number of qualified staff and sufficient financial, technical and
technological resources to perform their tasks effectively.
Article 21
Evaluation, reporting and review
1. By [5 years from the date of entry into force – OP to insert the date], the Commission shall
submit a report to the European Parliament and to the Council assessing the extent to which
the Member States have taken the necessary measures to comply with this Directive. Member
States shall provide the Commission with the necessary information for the preparation of that
report.
2. By [3 years after the deadline under para 1 – OP to insert the date], the Commission shall
carry out an evaluation of the impact of this Directive [also taking into account any
developments under the BBNJ Agreement] and submit a report to the European Parliament
and to the Council. Member States shall provide the Commission with the information needed
to prepare that report, including a summary of implementation of this Directive and actions
taken, and statistical data, with particular attention to environmental impact assessments
carried out under Chapter 3. Where necessary, that report shall be accompanied by a
legislative proposal.
Article 22
Transposition
1. Member States shall adopt and publish, by [6 months after entry into force – OP to insert
the date] at the latest, the laws, regulations and administrative provisions necessary to comply
with this Directive. They shall forthwith communicate to the Commission the text of those
provisions.
They shall apply those provisions from […].
When Member States adopt those provisions, they shall contain a reference to this Directive
or be accompanied by this reference on the date of their official publication. Member States
shall decide how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of
national law that they adopt in the field covered by this Directive.
Article 23
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in
the
Official Journal of the European Union.
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Article 24
Addressees
This Directive is addressed to the Member States in accordance with the Treaties.
Done at Brussels,
For the European Parliament
The President
For the Council
The President
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LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT
TABLE OF CONTENTS
1.
1.1.
1.2.
1.3.
1.3.1.
1.3.2.
1.3.3.
1.3.4.
1.4.
1.5.
1.5.1.
1.5.2.
FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................. 3
Title of the proposal/initiative ...................................................................................... 3
Policy area(s) concerned .............................................................................................. 3
Objective(s) .................................................................................................................. 3
General objective(s) ..................................................................................................... 3
Specific objective(s) ..................................................................................................... 3
Expected result(s) and impact ...................................................................................... 3
Indicators of performance ............................................................................................ 4
The proposal/initiative relates to: ................................................................................. 4
Grounds for the proposal/initiative .............................................................................. 4
Requirement(s) to be met in the short or long term including a detailed timeline for
roll-out of the implementation of the initiative ............................................................ 4
Added value of EU involvement (it may result from different factors, e.g.
coordination gains, legal certainty, greater effectiveness or complementarities). For
the purposes of this section 'added value of EU involvement' is the value resulting
from EU action, that is additional to the value that would have been otherwise
created by Member States alone. ................................................................................. 5
Lessons learned from similar experiences in the past .................................................. 6
Compatibility with the multiannual financial framework and possible synergies with
other appropriate instruments ....................................................................................... 6
Assessment of the different available financing options, including scope for
redeployment ................................................................................................................ 6
Duration of the proposal/initiative and of its financial impact .................................... 8
Method(s) of budget implementation planned ............................................................. 8
MANAGEMENT MEASURES................................................................................... 9
Monitoring and reporting rules .................................................................................... 9
Management and control system(s) ............................................................................. 9
Justification of the budget implementation method(s), the funding implementation
mechanism(s), the payment modalities and the control strategy proposed .................. 9
Information concerning the risks identified and the internal control system(s) set up
to mitigate them............................................................................................................ 9
Estimation and justification of the cost-effectiveness of the controls (ratio between
the control costs and the value of the related funds managed), and assessment of the
expected levels of risk of error (at payment & at closure) ........................................... 9
Measures to prevent fraud and irregularities ................................................................ 9
1.5.3.
1.5.4.
1.5.5.
1.6.
1.7.
2.
2.1.
2.2.
2.2.1.
2.2.2.
2.2.3.
2.3.
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3.
3.1.
3.2.
3.2.1.
3.2.2.
3.2.3.
3.2.4.
3.2.5.
3.2.6.
3.2.7.
3.3.
4.
4.1.
4.2.
4.3.
4.4.
4.5.
ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 10
Heading(s) of the multiannual financial framework and expenditure budget line(s)
affected ....................................................................................................................... 10
Estimated financial impact of the proposal on appropriations ................................... 11
Summary of estimated impact on operational appropriations.................................... 11
Estimated output funded from operational appropriations (not to be completed for
decentralised agencies)............................................................................................... 14
Summary of estimated impact on administrative appropriations ............................... 15
Estimated requirements of human resources.............................................................. 15
Overview of estimated impact on digital technology-related investments ................ 16
Compatibility with the current multiannual financial framework.............................. 17
Third-party contributions ........................................................................................... 17
Estimated impact on revenue ..................................................................................... 17
DIGITAL DIMENSIONS .......................................................................................... 18
Requirements of digital relevance .............................................................................. 18
Data ............................................................................................................................ 20
Digital solutions ......................................................................................................... 23
Interoperability assessment
........................................................................................ 24
Measures to support digital implementation .............................................................. 25
3.2.1.1. Appropriations from voted budget ............................................................................. 11
3.2.3.1. Appropriations from voted budget .............................................................................. 15
3.2.4.1. Financed from voted budget....................................................................................... 15
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1.
1.1.
FRAMEWORK OF THE PROPOSAL/INITIATIVE
Title of the proposal/initiative
Proposal for a directive that implements the obligations under the BBNJ Agreement
to ensure the conservation and sustainable use of marine biological diversity of areas
beyond national jurisdiction.
1.2.
Policy area(s) concerned
Environmental protection
1.3.
1.3.1.
Objective(s)
General objective(s)
The objective of the initiative is to ensure the implementation of the BBNJ
Agreement in the EU in a uniform manner transposing into the EU legal order the
obligations arising from the agreement in the areas related to environmental
protection and marine genetic resources (MGRs) and therefore to avoid forum
shopping in the EU, leading to faster permitting and administrative simplification.
1.3.2.
Specific objective(s)
Ensure that EU researchers, notably those working in teams across the EU on MGRs
of areas beyond national jurisdiction, are not faced with unnecessary legal burden
potentially arising from an uneven implementation of international obligations under
the BBNJ Agreement in the EU.
Ensure that the potential impacts on the marine environment of planned activities
under the jurisdiction or control of Member States that take place in areas beyond
national jurisdiction are assessed before the activities are authorised by the
competent authority.
Ensure that proposals regarding the establishment of area-based management tools,
including marine protected areas, are formulated on the basis of the best available
science and scientific information and, where available, relevant traditional
knowledge of indigenous peoples and local communities, taking into account the
precautionary approach and an ecosystem approach and only after consulting
stakeholders.
1.3.3.
Expected result(s) and impact
This proposal implementing the BBNJ Agreement in the EU in a uniform manner
aims to ensure the conservation and sustainable use of marine biodiversity of areas
beyond national jurisdiction (‘BBNJ’). This is a key priority for the EU and in line
with the objectives under the European Green Deal and the Joint Communication on
the EU’s international ocean governance agenda.
Implementing the obligations under the BBNJ Agreement will also help reach the
goals and targets set under the Kunming-Montreal Global Biodiversity Framework
(adopted under the Convention on Biological Diversity), in particular the target to
ensure effective conservation and management of at least 30% of the world’s lands,
inland waters, coastal areas and oceans by 2030. It will also help achieve the
objectives of the EU biodiversity strategy for 2030, which aims to restore the good
environmental status of marine ecosystems, among other things.
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By implementing the BBNJ Agreement, this proposal will create a level playing field
in the EU for operators performing activities in areas beyond national jurisdiction for
which an environmental impact assessment needs to be carried out, and for
researchers and legal entities working with MGRs and digital sequence information
of MGRs of areas beyond national jurisdiction.
1.3.4.
Indicators of performance
Specify the indicators for monitoring progress and achievements.
Transposition into national legislation by the EU Member States of the obligations
included in this proposal.
This proposal identifies the obligations of the BBNJ Agreement that could have an
impact on the EU single market – more specifically on operators performing
activities in areas beyond national jurisdiction for which an environmental impact
assessment needs to be carried out, and on scientists working with MGRs and digital
sequence information – to ensure a level playing field. Therefore, the first way to
assess performance is to monitor if EU Member States implement the directive
within the time frame indicated in the directive (six months from its entry into force).
1.4.
The proposal/initiative relates to:
a new action
a new action following a pilot project / preparatory action
22
the extension of an existing action
a merger or redirection of one or more actions towards another/a new action
1.5.
1.5.1.
Grounds for the proposal/initiative
Requirement(s) to be met in the short or long term including a detailed timeline for
roll-out of the implementation of the initiative
There are three types of requirements, which correspond to short-, medium- and
long-term objectives.
Short-term requirements:
At the latest four months before the transposition deadline, Member States must
identify competent authorities performing duties under Chapters 2 to 5 of the
directive and notify these to the Commission. Member States must ensure that
competent authorities performing duties under the directive have a sufficient number
of qualified staff and sufficient financial, technical and technological resources to
perform their tasks effectively.
Member States must adopt and publish, at the latest six months after the entry into
force of the directive, the laws, regulations and administrative provisions necessary
to comply with the directive. They must forthwith communicate to the Commission
the text of those provisions. Member States must communicate to the Commission
the text of the main provisions of national law which they adopt in the field covered
by the directive.
Medium-term requirements:
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As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.
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Member States must provide the Commission with the necessary information for the
preparation of a report to the European Parliament and to the Council assessing the
extent to which the Member States have taken the necessary measures to comply
with the directive.
Member States must provide the Commission with the necessary information for the
preparation of a report to the European Parliament and to the Council evaluating the
impact of the directive, including a summary of the implementation of the directive
and actions taken, and statistical data, with particular attention given to
environmental impact assessments carried out under Chapter 3.
Long-term requirements:
At the latest five years after the entry into force of the directive, the Commission
must submit a report to the European Parliament and to the Council assessing the
extent to which the Member States have taken the necessary measures to comply
with the directive.
At the latest eight years after the entry into force of the directive, the Commission
must carry out an evaluation of the impact of the directive [also taking into account
any developments under the BBNJ Agreement] and submit a report to the European
Parliament and to the Council. Where necessary, that report must be accompanied by
a legislative proposal.
1.5.2.
Added value of EU involvement (it may result from different factors, e.g.
coordination gains, legal certainty, greater effectiveness or complementarities). For
the purposes of this section 'added value of EU involvement' is the value resulting
from EU action, that is additional to the value that would have been otherwise
created by Member States alone.
Reasons for action at EU level (ex-ante)
The BBNJ Agreement provides for an obligation to screen and assess impacts of
planned activities in the areas beyond national jurisdiction. In addition, it provides
for a framework to govern activities related to MGRs and arrangements for
information sharing and benefit sharing of MGR utilisation. A harmonised EU
approach is central to creating a level playing field between stakeholders operating
from the EU. The aim of the directive is to set out a framework for uniform
implementation of the BBNJ Agreement in the EU and to avoid forum shopping in
the EU, leading to faster permitting and administrative simplification.
Expected EU added value created (ex post):
ensuring that EU researchers, notably those working in teams across the EU on
MGRs of areas beyond national jurisdiction, are not faced with unnecessary legal
burden potentially arising from an uneven implementation of international
obligations under the BBNJ Agreement;
ensuring consistency between the implementation of the Nagoya Protocol to the
Convention on Biological Diversity and the provisions of the BBNJ Agreement
related to MGRs;
ensuring coherence between obligations governing environmental impact
assessments for activities carried out in EU waters, under the EIA Directive and
other relevant EU law and under the BBNJ Agreement; and
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ensuring coherence of the BBNJ implementing agreement with EU environmental
law
1.5.3.
Lessons learned from similar experiences in the past
Not applicable
1.5.4.
Compatibility with the multiannual financial framework and possible synergies with
other appropriate instruments
The proposed directive on the conservation and sustainable use of marine biological
diversity of areas beyond national jurisdiction is consistent with the European Green
Deal Communication, which, under the goal ‘Preserving and restoring ecosystems
and biodiversity’, clearly states: ‘A sustainable “blue economy’ will have to play a
central role in alleviating the multiple demands on the EU’s land resources and
tackling climate change.’ It is also consistent with the biodiversity strategy for 2030,
which aims to restore the good environmental status of marine ecosystems, among
other things.
Moreover, under the Political Guidelines for the next European Commission (2024-
2029), ocean sustainability is a cornerstone of the priority ‘Sustaining our quality of
life: food security, water and nature’. This proposed directive will also be part of the
European Ocean Pact, which will focus on ensuring the good governance and
sustainability of the ocean, among other things.
The objectives of this proposal are supported by the multiannual financial
framework, which places significant emphasis on funding activities to protect the
environment.
1.5.5.
Assessment of the different available financing options, including scope for
redeployment
This proposal is limited to the strict transposition of obligations under the BBNJ
Agreement concerning environmental impact assessment, MGRs and certain
elements of the marine protected areas obligations that mirror existing obligations for
the Member States under either EU or other international legislation.
In particular, Member States already have an established framework governing
environmental impact assessments deriving from their obligations under the EIA
Directive, the Espoo Convention and the Aarhus Convention. Therefore, the
administrative impact and costs are estimated to be negligeable to moderate, as most
of the necessary structures and rules are in place.
Member States will face costs limited to the cost of adopting legal, policy or
administrative measures implementing the new obligations on MGRs to ensure
compliance with the obligations to notify information on MGRs to the BBNJ
Clearing House and to request users to deposit samples and digital sequence
information in publicly available databases and repositories. This cost will largely
depend on what type of measures Member States will take, and it is difficult to put a
figure on this at this stage. In terms of human resources, Member States have
established national competent authorities for access and benefit sharing (ABS) who
may also cover the tasks necessary to enforce the measures related to MGRs. If the
final draft of the directive envisages additional monitoring tasks, additional resources
may be needed in Member States (e.g. to train the staff of competent authorities, or
to hire more staff). On the digital dimension, Member States may face other
administrative costs if they choose to set up IT tools specifically designed to transfer
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information to the Clearing House. Alterantively, the possibility to use an existing
EU IT platform could be explored.
The costs for the Commission to implement the MGR obligations under this proposal
are described below.
If the directive does not set up any technical groups or committees, meetings with
Member State competent authorities and experts, information collection and all other
work necessary to monitor progress in implementing the directive could take place as
part of the work done for the EU ABS expert group set up under the EU ABS
Regulation. In terms of human resources, monitoring could be carried out by current
staff already working on either ABS or BBNJ.
On the digital dimension: If the BBNJ clearing house does not support the full
exchange of data between stakeholders as put forward in national laws, Member
States may need a local system or the EC may need to develop or extend an existing
IT platform or reporting tool: some costs may be faced by the Commission to
implement the necessary adjustements for such a platfom (or tool) to fit for the
purpose of this directive. At this stage, costs cannot be assessed. Further assessment
with the IT experts will be carried out when more details about the BBNJ Clearing
House and reporting obligations will be provided and if Member States will express
interest for a common platform or tool.
The implementation of the proposal will be followed up by two Commission
depatments: the Directorate-General for Environment and the Directorate-General
for Maritime Affairs and Fisheries.
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1.6.
Duration of the proposal/initiative and of its financial impact
limited duration
–
in effect from [DD/MM]YYYY to [DD/MM]YYYY
–
financial impact from YYYY to YYYY for commitment appropriations and
from YYYY to YYYY for payment appropriations.
unlimited duration
– Implementation with a start-up period from 2025
– followed by full-scale operation.
1.7.
Method(s) of budget implementation planned
23
Direct management
by the Commission
–
by its departments, including by its staff in the Union delegations;
–
by the executive agencies
Shared management
with the Member States
Indirect management
by entrusting budget implementation tasks to:
–
third countries or the bodies they have designated
–
international organisations and their agencies (to be specified)
–
the European Investment Bank and the European Investment Fund
–
bodies referred to in Articles 70 and 71 of the Financial Regulation
–
public law bodies
–
bodies governed by private law with a public service mission to the extent that
they are provided with adequate financial guarantees
–
bodies governed by the private law of a Member State that are entrusted with
the implementation of a public-private partnership and that are provided with
adequate financial guarantees
–
bodies or persons entrusted with the implementation of specific actions in the
common foreign and security policy pursuant to Title V of the Treaty on
European Union, and identified in the relevant basic act
–
bodies established in a Member State, governed by the private law of a
Member State or Union law and eligible to be entrusted, in accordance with
sector-specific rules, with the implementation of Union funds or budgetary
guarantees, to the extent that such bodies are controlled by public law bodies or
by bodies governed by private law with a public service mission, and are provided
with adequate financial guarantees in the form of joint and several liability by the
controlling bodies or equivalent financial guarantees and which may be, for each
action, limited to the maximum amount of the Union support.
23
Details of budget implementation methods and references to the Financial Regulation may be found on
the BUDGpedia site:
https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-
implementation/Pages/implementation-methods.aspx.
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2.
2.1.
MANAGEMENT MEASURES
Monitoring and reporting rules
Specify frequency and conditions.
At the latest five years after the entry into force of the directive, the Commission
must submit a report to the European Parliament and to the Council assessing the
extent to which the Member States have taken the necessary measures to comply
with the directive.
At the latest eight years after the entry into force of the directive, the Commission
must carry out an evaluation of the impact of the directive [also taking into account
any developments under the BBNJ Agreement] and submit a report to the European
Parliament and to the Council. Where necessary, that report must be accompanied by
a legislative proposal.
2.2.
2.2.1.
Management and control system(s)
Justification of the budget implementation method(s), the funding implementation
mechanism(s), the payment modalities and the control strategy proposed
Not applicable
2.2.2.
Information concerning the risks identified and the internal control system(s) set up
to mitigate them
No specific risks have been identified at this stage.
2.2.3.
Estimation and justification of the cost-effectiveness of the controls (ratio between
the control costs and the value of the related funds managed), and assessment of the
expected levels of risk of error (at payment & at closure)
Not applicable
2.3.
Measures to prevent fraud and irregularities
Not applicable
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3.
3.1.
ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
Heading(s) of the multiannual financial framework and expenditure budget
line(s) affected
•
Existing budget lines
In order of multiannual financial framework headings and budget lines.
Budget line
Type of
expenditure
Contribution
Heading of
multiannual
financial
framework
Number
Diff./Non-
diff.
24
from
EFTA
countries
25
from
candidate
countries
and
potential
candidates
26
From
other
third
countries
other assigned
revenue
Diff
NO
NO
NO
NO
NO
NO
NO
NO
7
European Public Administration
Diff
•
New budget lines requested
In order of multiannual financial framework headings and budget lines.
Budget line
Heading of
multiannual
financial
framework
Type of
expenditure
Contribution
from
candidate
countries
and
potential
candidates
Number
Diff./Non-
diff.
from
EFTA
countries
from
other
third
countries
other assigned
revenue
24
25
26
Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
EFTA: European Free Trade Association.
Candidate countries and, where applicable, potential candidates from the Western Balkans.
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3.2.
3.2.1.
Estimated financial impact of the proposal on appropriations
Summary of estimated impact on operational appropriations
–
✓The
proposal/initiative does not require the use of operational appropriations
–
The proposal/initiative requires the use of operational appropriations, as explained below
3.2.1.1. Appropriations from voted budget
EUR million (to three decimal places)
Heading of multiannual financial framework
Number
DG: <…….>
Operational appropriations
Year
2024
Commitments
Payments
Commitments
(1a)
(2a)
(1b)
(2b)
Year
2025
Year
2026
Year
2027
TOTAL MFF
2021-2027
Budget line
Budget line
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Payments
Appropriations of an administrative nature financed from the envelope of specific programmes
27
Budget line
(3)
TOTAL appropriations
for DG
<…….>
Commitments
Payments
=1a+1b+3
=2a+2b+3
================================================================================================
Mandatory table
Year
2024
27
Year
2025
Year
2026
Year
2027
TOTAL MFF
2021-2027
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
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Commitments
(4)
(5)
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
TOTAL
operational
appropriations
Payments
TOTAL appropriations of an administrative nature financed
from the envelope for specific programmes
(6)
0.000
0.000
0.000
0.000
0.000
TOTAL appropriations under
HEADING <….>
of the multiannual financial framework
Commitments
Payments
=4+6
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
=5+6
====================================================================================================
Year
2024
Year
2025
0.000
0.000
0.000
Year
2026
0.000
0.000
0.000
Year
2027
0.000
0.000
0.000
TOTAL MFF
2021-2027
0.000
0.000
0.000
•
TOTAL operational
operational headings)
appropriations
(all
Commitments
Payments
(4)
(5)
0.000
0.000
0.000
•
TOTAL appropriations of an administrative nature financed
from the envelope for specific programmes (all operational
headings)
(6)
TOTAL appropriations Under Heading 1
to 6
of the multiannual financial framework
(Reference amount)
Commitments
Payments
=4+6
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
=5+6
Heading of multiannual financial framework
7
‘Administrative expenditure’
28
28
The necessary appropriations should be determined using the annual average cost figures available on the appropriate BUDGpedia webpage
.
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Year
Year
2025
0.188
0.000
0.188
Year
2025
0.188
0.000
0.188
Year
2026
0.188
0.000
0.188
Year
2026
0.188
0.000
0.188
Year
2027
0.188
0.000
0.188
Year
2027
0.188
0.000
0.188
DG: MARE
Human resources
Other administrative expenditure
TOTAL DG MARE
2024
0.000
0.000
TOTAL
MFF 2021-
2027
0.564
0.000
0.564
TOTAL
MFF 2021-
2027
0.564
0.000
0.564
Appropriations
0.000
Year
2024
0.000
0.000
DG: ENV
Human resources
Other administrative expenditure
TOTAL DG ENV
Appropriations
0.000
(Total
commitments
= Total
payments)
TOTAL appropriations under HEADING 7 of the multiannual financial
framework
0.000
0.376
0.376
0.376
1.128
EUR million (to three decimal places)
Year
2024
Year
2025
Year
2026
Year
2027
TOTAL MFF
2021-2027
TOTAL appropriations under HEADINGS 1 to 7
of the multiannual financial framework
Commitments
Payments
0.000
0.000
0.376
0.376
0. 376
0.376
0.376
0.376
1.128
1.128
=================================================================================================
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3.2.2.
Estimated output funded from operational appropriations (not to be completed for decentralised agencies)
Commitment appropriations in EUR million (to three decimal places)
Year
2024
Year
2025
Year
2026
Year
2027
OUTPUTS
Avera
ge
cost
Enter as many years as necessary to show the
duration of the impact (see Section1.6)
TOTAL
Indicate
objectives and
outputs
No
No
No
No
No
No
Cost
Cost
Cost
Cost
Cost
Cost
No
Type
29
Cost
Total
No
Total
cost
SPECIFIC OBJECTIVE No 1
30
…
- Output
- Output
- Output
Subtotal for specific objective No 1
SPECIFIC OBJECTIVE No 2 ...
- Output
Subtotal for specific objective No 2
TOTALS
29
30
Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.).
As described in Section 1.3.2. ‘Specific objective(s)’
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3.2.3.
Summary of estimated impact on administrative appropriations
–
The proposal/initiative does not require the use of appropriations of an
administrative nature
–
✓
The proposal/initiative requires the use of appropriations of an administrative
nature, as explained below
3.2.3.1. Appropriations from voted budget
VOTED APPROPRIATIONS
HEADING 7
Human resources
Other administrative expenditure
Subtotal HEADING 7
Outside HEADING 7
Human resources
Other expenditure of an administrative nature
Subtotal outside HEADING 7
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.376
0.376
0.376
1.128
0.376
0.376
0.376
1.128
Year
2024
Year
2025
Year
2026
Year
2027
TOTAL 2021 -
2027
TOTAL
0.000
0.376
0.376
0.376
1.128
===================================================================
3.2.4.
Estimated requirements of human resources
–
The proposal/initiative does not require the use of human resources
–
✓
The proposal/initiative requires the use of human resources, as explained
below
3.2.4.1. Financed from voted budget
Estimate to be expressed in full-time equivalent units (FTEs)
31
VOTED APPROPRIATIONS
Establishment plan posts (officials and temporary staff)
20 01 02 01 (Headquarters and Commission’s Representation Offices)
20 01 02 03 (EU Delegations)
01 01 01 01 (Indirect research)
01 01 01 11 (Direct research)
Other budget lines (specify)
•
External staff (inFTEs)
20 02 01 (AC, END from the ‘global envelope’)
20 02 03 (AC, AL, END and JPD in the EU Delegations)
Admin. Support
line
[XX.01.YY.YY]
- at Headquarters
- in EU Delegations
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
0
0
0
0
2
0
0
0
0
2
0
0
0
0
Year
2024
Year
2025
Year
2026
Year
2027
31
Please specify below the table how many FTEs within the number indicated are already assigned to the
management of the action and/or can be redeployed within your DG and what are your net needs.
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01 01 01 02 (AC, END - Indirect research)
01 01 01 12 (AC, END - Direct research)
Other budget lines (specify) - Heading 7
Other budget lines (specify) - Outside Heading 7
TOTAL
0
0
0
0
0
0
0
0
0
2
0
0
0
0
2
0
0
0
0
2
===================================================================
Considering the overall strained situation in Heading 7, in terms of both staffing and
the level of appropriations, the human resources required will be met by staff from
the DG who are already assigned to the management of the action and/or have been
redeployed within the DG or other Commission services.
The staff required to implement the proposal (in FTEs):
To be covered by
current staff
available in the
Commission
services
Exceptional additional staff
To be financed
under Heading 7
or Research
Establishment
plan posts
External
staff
(CA, SNEs, INT)
2
To be financed
from BA line
To be financed
from fees
N/A
Description of tasks to be carried out by:
Officials and temporary staff
External staff
The officials and temporary staff will follow the implementation of the Directive so
they will coordinate with the EU MS competent authority.
3.2.5.
Overview of estimated impact on digital technology-related investments
Compulsory: the best estimate of the digital technology-related investments entailed
by the proposal/initiative should be included in the table below.
Exceptionally, when required for the implementation of the proposal/initiative, the
appropriations under Heading 7 should be presented in the designated line.
The appropriations under Headings 1-6 should be reflected as “Policy IT expenditure
on operational programmes”. This expenditure refers to the operational budget to be
used to re-use/ buy/ develop IT platforms/ tools directly linked to the implementation
of the initiative and their associated investments (e.g. licences, studies, data storage
etc). The information provided in this table should be consistent with details
presented under Section 4 “Digital dimensions”.
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Year
TOTAL Digital and IT appropriations
2024
HEADING 7
Year
2025
Year
2026
Year
2027
TOTAL
MFF
2021 -
2027
IT expenditure (corporate)
Subtotal HEADING 7
Outside HEADING 7
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Policy IT expenditure on operational
programmes
Subtotal outside HEADING 7
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
TOTAL
0.000
0.000
0.000
0.000
0.000
3.2.6.
Compatibility with the current multiannual financial framework
The proposal/initiative:
–
can be fully financed through redeployment within the relevant heading of the
multiannual financial framework (MFF)
–
requires use of the unallocated margin under the relevant heading of the MFF
and/or use of the special instruments as defined in the MFF Regulation
–
requires a revision of the MFF
3.2.7.
Third-party contributions
The proposal/initiative:
–
does not provide for co-financing by third parties
–
provides for the co-financing by third parties estimated below:
Appropriations in EUR million (to three decimal places)
Year
2024
Year
2025
Year
2026
Year
2027
Total
Specify the co-financing body
TOTAL appropriations co-
financed
3.3.
Estimated impact on revenue
–
The proposal/initiative has no financial impact on revenue.
–
The proposal/initiative has the following financial impact:
–
–
–
on own resources
on other revenue
please indicate, if the revenue is assigned to expenditure lines
EUR million (to three decimal places)
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Budget revenue line:
Appropriations
available for the
current financial
year
Impact of the proposal/initiative
32
Year
2024
Year
2025
Year
2026
Year
2027
Article ………….
4.
4.1.
DIGITAL DIMENSIONS
Requirements of digital relevance
Reference to the
Requirement description
requirement
Actor affected
or concerned
by the
requirement
High-
level
Processe
s
Category
Article 5
Member
States
shall
ensure that collection in
situ of marine genetic
resources is carried out
with due regard for the
rights
and
legitimate
interests of coastal states in
areas within their national
jurisdiction and with due
regard for the interests of
other states in areas
beyond
national
jurisdiction, in accordance
with the United Nations
Convention on the Law of Member states
the Sea. For this purpose,
Member
States
shall
cooperate, as appropriate,
including using the BBNJ
Clearing-House
Mechanism, in order to
implement the provisions
of this Chapter. Member
States shall cooperate, as
appropriate,
including
using the BBNJ Clearing-
House Mechanism, in
order to implement the
provisions of this Chapter.
Data;
Data
Digital
collection
solution
32
As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net
amounts, i.e. gross amounts after deduction of 20% for collection costs.
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Article 6
The obligation to notify to
the BBNJ Clearing House
Mechanism
certain
information/data.
EU
Member States will have
to identify who has to do
this notification: most
likely the chief scientists
responsible
for
the
research project.
Obligation for legal and
natural persons utilising
MGR
of
ABNJ
to
communicate
to
the
competent authority the
confirmations of deposits
of samples and data.
Competent
authorities of
Member States
Notificati
BBNJ Clear-
on
house
mechanism
Member states
Data;
Digital
Solutions;
Digital
Public
Service
Legal
and
natural persons
Competent
Notificati
authorities of on
Member States
Member States
Data;
Digital
solutions
Article 7
In scope of the
BBNJ Clearing-
House
Mechanism
For activities for which an
environmental
impact
assessment
has
been
carried out in accordance
with the requirements of
other
relevant
legal
instruments or frameworks
or by relevant global, General public
regional, subregional or
sectoral bodies, obligation Member States
for Member States to
publish an environmental
impact assessment report
through the BBNJ Clear-
House Mechanism and
make relevant information
available
Obligation to publish the Competent
screening decision
authority
General public
Article 8
Data;
Publicati Digital
on, data solution;
managem Digital
ent
Public
Service
Article 9
Publicati
on
Data;
Digital
solution;
Digital
Public
Service
Data
Article 10
Environmental
impact Competent
Data
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assessment: scoping and authority
report
Member States
Article 11
Obligation to inform and
consult general public on
planned activities and
environment
impact
assessment
Obligation to inform the
general public on decisions
to authorise or not planned
activities
Member States
General public
collection
Publicati
on
Data
Article 12
Member States
General public
Publicati
on
Data
Article 13
Obligation to inform about Member states
significant and harmful
General public
changes to the marine
environment triggered by
the authorised activities
and that were not foreseen
during the environmental
impact assessment
Publicati
on
Data
4.2.
Data
Reference to the
requirement(s)
Article 6.1; Article
6.2, Article 6.3,
Article 6.4
Article 6.6, Article
6.5
Article 6.7
Article 7
Article 8, Article 9,
Article 10, Article 11
Article 12
Article 13
Standard and/or specification
(if applicable)
Type of data
Information on research
projects
marine genetic resource and
digital sequence information
Information on the utilisation of
marine genetic resources
Confirmation that samples and
data have been deposited
Environmental impact
assessment report, planned
activities and decisions
Result of consultations
Environmental damage caused
by authorised activities
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20
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Alignment with the European Data Strategy
Explain how the requirement(s) are aligned with the European Data Strategy
The proposal sets the obligation to publish relevant information as open data under the
frame of Directive (EU) 2019/1024 of the European Parliament and of the Council that
promotes the use of open data from public sector bodies and public undertakings.
Confidential information is collected under clauses of confidentiality including intellectual
property rights.
Alignment with the once-only principle
Explain how the once-only principle has been considered how the possibility to reuse existing
data explored
Article 6 (1) requires that information collected under this article is coordinated with other
notification systems provided under other Union legislation
Explain how newly created data is findable, accessible, interoperable and reusable, and
meets high-quality standards
As the proposal relies on the BBJN Mechanism, we assume that this will be secured by the
said mechanism.
Data flows
Type of data
Referenc
e(s) to
the
requirem
ent(s)
Article 6
Actor
who
provides
the data
Member
States
Actor
who
receives
the data
BBJN
Clearing
House
mechanis
m
Trigger for
the data
exchange
Frequency
(if
applicable)
Information on research
projects including :
•
•
•
BBNJ
standardised
batch identifier ,
Marine genetic
resource and
digital sequence
information
and information
on their further
utilisation
Article 7
(1)
natural or
legal
persons
six months
or as early
as possible
prior to the
collection
in situ of
marine
genetic
resources of
areas
beyond
national
jurisdiction:
no later
than three
years from
the start of
such
Deposit of BBNJ
standardised batch
identifier ,
Marine genetic resource
General
public
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21
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and digital sequence
information
utilisation,
or as soon
as they
become
available.
Article 7
(2)
natural or
legal
persons
competen no later
t authority than three
years from
the start of
such
utilisation,
or as soon
as they
become
available
Member
States
Confirmation that
samples and data have
been deposited
Sharing of information of
the deposited BBNJ
standardised batch
identifier, and
confirmation of the
deposited resource
Marine genetic resource
Environmental impact
assessment report
including :
•
Article
7(3)
Member
States
Article 8,
Article 9,
Article
10,
Article
11,
Member
States
General
public
Not
specified
•
Screening
decision when
relevant
Environmental
impact
assessment
Consultations Results
Article 11
Member
States
Affected
parties
Consultatio
ns shall not
be shorter
than 30
days but
shall not be
longer than
85 days.
Not
specified
Decisions
Article 12
Member
States
General
public
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Environmental damage
caused by authorised
activities
Article 13
Member
States
General
public
not less
frequent
than every
three years
4.3.
Digital solutions
For each digital solution, please provide the reference to the requirement(s) of digital
relevance concerning it, a description of the digital solution's mandated functionality, the
body that will be responsible for it, and other relevant aspects such as reusability and
accessibility. Finally, explain whether the digital solution intends to make use of AI
technologies.
Referen
ce(s) to
the
require
ment(s)
How is
accessibil
ity
catered
for?
Use of
AI
techno
logies
(if
applic
able)
Digital
solution
Main mandated
functionalities
Responsible
body
How is
reusability
considered?
BBNJ
Clearing
house
Article
6,
Article
7
Prepare and
submit
information.
Control
submissions.
List
submissions.
UN
N/A
N/A
N/A
Digital
platform
if
EU/natio
nal
addition
al data
elements
are
needed
Article
6,
Article
7
Prepare and
submit
information
MS and/or
Commission
Existing to be further
infrastruc explored
ture
and
assessed
For each digital solution, explain how the digital solution complies with the requirements and
obligations of the EU cybersecurity framework, and other applicable digital policies and
legislative enactments (such as eIDAS, Single Digital Gateway, etc.).
Digital solution #2
Digital and/or sectorial policy
(when these are applicable)
Explanation on how it aligns
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AI Act
EU Cybersecurity framework
eIDAS
Single Digital Gateway and IMI
Others
Not relevant
Reuses existing infrastructures
Reuses existing infrastructures
Not relevant
4.4.
Interoperability assessment
Describe the digital public service(s) affected by the requirements
Digital
public
service or
category of
digital
public
services
Monitoring
of research
projects in
the domain
of marine
biology and
planned
activity and
disseminatio
n of related
information
Description
Reference(s)
to the
requirement
(s)
Interoperable
Europe
Solution(s)
(NOT
APPLICABL
E)
//
To be further explored
Other interoperability
solution(s)
Provide relevant
authorisations in
respect with the
principle of non
environmental harm
all
Assess the impact of the requirement(s) on cross-border interoperability
Monitoring of research projects in the domain of marine biology and dissemination of related
information
Assessment
Assess the alignment
with existing digital
and sectorial policies
Please list the
applicable digital and
sectorial policies
identified
Measures
-
Potential remaining barriers
The proposal is aligned
with Directive (EU)
2019/1024 of the
European Parliament
and of the Council that
promotes the use of
open data from public
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sector bodies and public
undertaking
Assess the
organisational
measures for a smooth
cross-border digital
public services delivery
Please list the
governance measures
foreseen
Assess the measures
taken to ensure a
shared understanding
of the data
Please list such
measures
Assess the use of
commonly agreed open
technical specifications
and standards
Please list such
measures
-
-
Article 6 sets measures
around data governance
Article 19 requires
Member states to ensure
that the environmental
impact assessment reports
are of sufficient quality
-
Criteria to ensure that these reports
are of sufficient quality should be
harmonised and agreed among
Member States, if the BBNJ
clearing house doesn't provide
suitable templates.
Implementation measures will have to
consider harmonisation of data
managed by the national authorities
and the bodies set in accordance with
the interinstitutional arrangements, on
top of the existing international
agreement guidelines.
Implementation measures will have to
consider technical interoperability of
systems managed by the national
authorities and the bodies set in
accordance with the interinstitutional
arrangements.
4.5.
Measures to support digital implementation
As the digital aspects of the proposed directive build on an existing IT platform or an IT
platform that is being designed, no measures are envisaged, apart from raising awareness of
the possibility to use these IT platforms.
EN
25
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