2nd Session of the Preparatory Committee Established by the UN General Assembly Resolution 69/292 “Development of an International Legally Binding Instrument 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”

On Monday, 29 August, the plenary of the Preparatory Committee (PrepCom 2) on the elements of a draft text of an international legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ), convened briefly in the morning. It was followed by the informal working group on marine genetic resources, which focused on definitions, intellectual property rights and benefit-sharing.

The informal working group on area-based management tools, including marine protected areas, met throughout the day to consider: definitions, principles and approaches, and institutional arrangements.

On Tuesday, 30 August, delegates at the second session of the Preparatory Committee (PrepCom 2) on the elements of a draft text of an international legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) continued to exchange views in the informal working group on area-based management tools, including marine protected areas, in the morning.

Following a brief plenary session, the informal working group on environmental impact assessment met for the rest of the day, to consider: definitions, principles and approaches; transboundary EIAs; criteria and thresholds; and governance.

On Wednesday, 31 August, the second session of the Preparatory Committee (PrepCom 2) on the elements of a draft text of an international legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) met briefly in plenary in the morning.

The informal working group on environmental impact assessment (EIA) also met in the morning, to continue a discussion of EIA governance and exchange views on strategic environmental assessment. The informal working group on capacity building and technology transfer met for the rest of the day, to consider principles and approaches, as well as specific proposals.

On Thursday, 1 September, the informal working group on capacity building and technology transfer met in the morning to continue discussions on technology transfer, institutional arrangements and funding.

The plenary reconvened for the rest of the day to discuss possible areas of convergence and areas for further discussion based on the report from the informal working group on marine genetic resources, including benefit-sharing.

On Friday, 2 September, the second session of the Preparatory Committee (PrepCom 2) on the elements of a draft text of an international legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) convened in plenary throughout the day.

In the morning, plenary continued deliberations of possible areas of convergence and areas for further discussion on marine genetic resources, including benefit-sharing. Following an oral report by John Adank (New Zealand), facilitator of the informal working group on area-based management tools, including marine protected areas, plenary discussed possible areas of convergence and areas for further discussion, including on definitions, principles and approaches, and governance.

On Tuesday, 6 September, the second session of the Preparatory Committee (PrepCom 2) on the elements of a draft text of an international legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) convened in plenary throughout the day.

Delegates continued discussions of possible areas of convergence and areas for further discussion on area-based management tools, including marine protected areas. They then considered possible areas of convergence and areas for further discussion on environmental impact assessments (EIAs), focusing on: transboundary impact assessments, monitoring and review, and stakeholder consultations.

Delegates also heard a partial report from Rena Lee (Singapore), the facilitator of the informal working group on capacity building and technology transfer.

On Wednesday, 7 September, the second session of the Preparatory Committee (PrepCom 2) on the elements of a draft text of an international legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) convened in plenary in the morning and afternoon.

Following the oral report from Rena Lee (Singapore), the facilitator of the informal working group on capacity building and technology transfer, plenary continued discussions of possible areas of convergence and areas for further discussion on capacity building and technology transfer, focusing, among other things, on: special needs, scope, approach, modalities and relationship with existing mechanisms.

In addition, plenary heard a proposal on environmental impact assessments. The informal working group on cross-cutting issues, facilitated by Chair Charles, convened in the afternoon.

On Thursday, 8 September, delegates to the second session of the Preparatory Committee (PrepCom 2) on the elements of a draft text of an international legally binding instrument (ILBI) under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) met in the informal working group on cross-cutting issues, facilitated by Chair Charles, throughout the day.

The informal working group considered: principles, including common heritage of mankind, high seas freedoms, and common but differentiated responsibilities; the ILBI scope; definitions; relationships of the ILBI with UNCLOS and other existing agreements; institutional arrangements; and state responsibility and liability.

On Friday, 9 September, delegates to the second session of the Preparatory Committee (PrepCom 2) on the elements of a draft text of an international legally binding instrument (ILBI) under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) met in the informal working group on cross-cutting issues, facilitated by Chair Charles, in the morning. They discussed state responsibility and liability, dispute resolution, and transitional application.

Plenary met for the rest of the day to consider written, revised lists of points of possible areas of convergence and areas for further discussion on: marine genetic resources, including questions on benefit-sharing; area-based management tools, including marine protected areas; environmental impact assessments; and capacity building and technology transfer. Following a discussion of next steps, including a Chair’s reflection on areas for further discussion on cross-cutting issues and a non-paper to facilitate preparations for PrepCom 3, delegates watched a video message from Academy Award winner actress Emma Thompson about the need to develop strong international rules to protect the oceans. Chair Charles gavelled the meeting to a close at 6:26pm.