4th 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 Wednesday, 19 July, delegates met in plenary in the morning and in the early afternoon to continue consideration of a revised Chair’s text containing draft recommendations to the UN General Assembly, focusing on the following draft elements of an international legally binding instrument (ILBI): environmental impact assessments, capacity building and technology transfer (CB&TT), institutional arrangements, and final clauses. Plenary also considered: a chapeau to the draft elements of the ILBI; and a procedural recommendation calling on the UN General Assembly to convene an intergovernmental conference as soon as possible, with a possible starting date of 2018.

In the afternoon, Chair Duarte held informal closed consultations on: the ILBI relationships with other legal instruments and relevant bodies; international cooperation; access to marine genetic resources (MGRs), types of benefits to be shared, IPRs and monitoring of MGR utilization; relationships between on area-based management tools and measures under other instruments, and adjacency; strategic environmental assessments; terms for technology transfer, and funding for CB&TT; institutional arrangements; financing; responsibility and liability; and a procedural recommendation to the General Assembly.

On Tuesday, 18 July, delegates met in plenary throughout the day to continue consideration of a revised Chair’s text containing draft recommendations to the UN General Assembly. Discussions focused on the following draft elements of a new international legally binding instrument: general elements, including use of terms, scope of application, objectives and relationships with other instruments; general principles and approaches; marine genetic resources; area-based management tools, including marine protected areas; and environmental impact assessments.

Chair Duarte proposed concluding consideration of the revised Chair’s draft on Wednesday morning; holding informal consultations with interested delegations on Wednesday afternoon on difficult points on a non-objection basis; and if no reformulation is possible, developing another section in the draft recommendations to deal with non-consensus points.

On Monday, 17 July, delegates met in plenary in the afternoon to consider a revised Chair’s text containing draft recommendations to the UN General Assembly, including preambular elements of a new international legally binding instrument on marine biodiversity beyond national jurisdiction and its general elements, such as use of terms, scope of application, objectives and relationships with other instruments.

On Friday, 14 July, delegates met in the informal working group on crosscutting issues, discussing: use of terms, scope and objective of the ILBI, relationship with other agreements; as well as guiding principles and approaches, and international cooperation, for BBNJ conservation and sustainable use.

In the afternoon, plenary resumed to discuss next steps including the convening of an intergovernmental conference and the status of the Chair’s streamlined non-paper.

On Thursday, 13 July, the informal working group on capacity building and technology transfer continued discussions in the morning, focusing on: objectives, principles, modalities, clearinghouse mechanism, funding, monitoring and review, and definitions.

The informal working group on crosscutting issues, facilitated by Chair Carlos Sobral Duarte, Brazil, focused on: institutional arrangements, including a decision-making forum, a scientific/technical body, a clearinghouse, a financial mechanism, dispute settlement, responsibility and liability, and review; and the preamble of an international legally binding instrument.

On Wednesday, 12 July, the informal working group on area-based management tools (ABMTs), including marine protected areas (MPAs), continued discussions on the designation process, as well as on implementation, relationships to existing instruments, and monitoring and review.

The informal working group on environmental impact assessments (EIAs), facilitated by René Lefeber (the Netherlands), then addressed: obligations, guiding principles and approaches, criteria and thresholds, process, content of EIA reports, relationships to existing instruments, clearinghouse mechanisms, capacity building and technology transfer, and monitoring and review. The informal working group on capacity building and technology transfer, facilitated by Rena Lee (Singapore), started discussion of objectives, and guiding principles and approaches.

On Tuesday, 11 July, PrepCom 4's informal working group on marine genetic resources (MGRs), addressed: the nature of benefits; benefit-sharing modalities; intellectual property rights; monitoring of utilization of MGRs; a clearinghouse mechanism; and capacity building and technology transfer.

The informal working group on measures such as area-based management tools (ABMTs), including marine protected areas (MPAs), facilitated by Alice Revell (New Zealand), discussed: objectives, guiding principles and approaches, criteria for identifying areas in need of protection; and the process for establishing ABMTs, including decision-making.

On Monday, 10 July, the fourth session of the Preparatory Committee 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) opened with the plenary addressing administrative matters and hearing general statements. In the afternoon, the informal working group on marine genetic resources (MGRs), facilitated by Janine Coye-Felson (Belize), convened to discuss scope, guiding principles and approaches, access and benefit-sharing.