“Sometimes the Co-Chairs prepare two speeches; one for success and one for failure. This time it looks like we are going to use neither, having worked down to the wire.”
The words of Janine Coye-Felson (Belize) and Adam McCarthy (Australia), Co-Chairs of the Preparatory Commission (PrepCom) for the entry into force 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), summarized the proceedings of the last day of PrepCom III. Delegates worked hard until the very last moment in an effort to find landing zones on remaining disagreements and forward clean documents to the first meeting of the Conference of the Parties (COP1), facilitating the smooth operationalization of the Agreement.
The final outcome generated mixed feelings. While consensus was reached on many agenda items, successfully navigating concerns, delegates could not overcome obstacles on certain issues. All of them will be forwarded to COP1 for further consideration and adoption.
Delegates spent most of the last day in informal deliberations prior to the closing plenary in the afternoon. They approved draft decisions and documents on:
- the Voluntary Trust Fund;
- the operationalization of the special fund;
- a memorandum of understanding with the Global Environment Facility;
- the Clearing-House Mechanism;
- cooperation with relevant instruments, frameworks, and bodies;
- the relationship between the Secretariat and the UN;
- modalities for the selection of the seat of the Secretariat; and
- reporting requirements.
They further approved documents that contain bracketed text on:
- the rules of procedure (RoP) of the COP;
- the terms of reference of subsidiary bodies; and
- financial rules and regulations.
Specifically on the RoP of the COP, following interventions by Argentina, Brazil, Chile, Egypt, El Salvador, Japan, India, Indonesia, Paraguay on behalf of 17 landlocked countries, the Philippines, Saudi Arabia, and Türkiye, reservations were placed on rules: 6.1 (observers); 22 (election of officers); 34 (quorum); 39 bis (application of Article 18 (area of application)); 44 (right to vote); 51 (method of voting for general matters); and 60 (amending the RoP).
In closing remarks, representatives of regional and other groups thanked the Co-Chairs and the Secretariat for their hard work, expressed satisfaction for what has been achieved, and their disappointment about not being able to reach consensus on all issues under consideration.
The Co-Chairs concluded the meeting, noting that: “We still have a way to go, and we will be doing that with you. We are all committed to this Agreement that does so much, and, for the first time, seeks to systemically regulate half of this planet’s surface and two-thirds of the oceans. Particularly in this moment in history, we can show that the international system works. The UN members can come together and make progress for the planet and its people.”
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