Highlights and images for 21 August 2025

The first signs of substantive progress appeared in the horizon of the second session of the Preparatory Commission (PrepCom II) on Thursday as delegates worked diligently, including in parallel sessions, to address governance issues and modalities for the operation of the Clearing-House Mechanism (CHM). Co-Chairs Janine Coye-Felson (Belize) and Adam McCarthy (Australia) expressed cautious optimism that, with flexibility and willingness to find landing zones on controversial issues, PrepCom II can make strides toward fulfilling its mandate.

In the morning, Co-Chair McCarthy introduced a working document circulated among PrepCom II participants on Tuesday, 19 August, containing draft model terms of reference (ToR) and modalities for the operation of the scientific and technical body of the Agreement under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement). He highlighted that, if agreed upon, the document’s structure may serve as a model for the ToR and modalities for the other subsidiary bodies.

Many delegates expressed general support for the structure of the working document and emphasized that it is a good starting point for further discussion and useful as a model for other subsidiary bodies. 

Discussions focused on, among other issues:

• missing elements, with some delegates suggesting further discussing the nature of decisions and recommendations the scientific and technical body is expected to take;
• the decision-making and selection processes, composition, and level of independence from the Conference of the Parties (COP);
• the issue of the rules of procedure of the COP applying mutatis mutandis to the subsidiary bodies; and
• procedures for amending the ToR.

Co-Chair Felson noted that delegates are generally comfortable with the structure, adding that the discussion on the content of the ToR for the scientific and technical body will be held during the second week of PrepCom II.

In the afternoon, discussions focused on: cooperation with relevant instruments, frameworks, and bodies (IFBs); rules of procedure for the COP; and modalities for the operation of the CHM.

Delegates met in an “informal informal” setting to engage in textual negotiations on draft ToR for an informal expert group on the technical aspects of the operationalization of the CHM (A/AC.296/2025/15).

Following the first reading of the document, Co-Chair Felson highlighted general agreement on four broad tasks for the expert group, including one on the review of existing CHMs, as well as on working methods. While further discussion is required to reach consensus on the group’s composition, with many preferring limited membership for efficiency, and on the nomination process, many delegates noted that, with a spirit of compromise, agreement may be within reach for one of the most urgent topics that PrepCom II needs to address.

Delegates resumed their discussion on cooperation with IFBs (A/AC.296/2025/16), focusing on which IFBs would require cooperation arrangements for the early operation and implementation of the BBNJ Agreement as well as on the key elements of the cooperation arrangements. Delegates and observers representing international, multilateral, and non-governmental organizations expressed a variety of ideas, with some reiterating that cooperation and collaboration with IFBs is a key pillar of the BBNJ Agreement and crucial for realizing its objectives and vision.

Delegates also resumed their deliberations on the rules of procedure for the COP (A/AC.296/2025/12). They addressed issues, including: periodicity and format of COP meetings; decision-making and voting modalities; consultations with IFBs; observer participation; extraordinary meetings; rules on officers and subsidiary bodies; and future amendments of the rules of procedure.

Many delegates expressed readiness to move to textual negotiations and Co-Chair McCarthy emphasized that a revised aid to negotiations will be issued on the basis of the discussions for further consideration during the second week of PrepCom II.