While a break in the negotiations provided an opportunity for delegates to reflect on the deliberations, coordinate positions, and rejuvenate ahead of the second crucial week, rest was not in the cards for the Co-Chairs and the Secretariat. The dynamic nature of negotiations necessitated hard work over the weekend by Adam McCarthy (Australia) and Janine Coye-Felson (Belize), 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), and the UN Division for Ocean Affairs and the Law of the Sea (UNDOALOS) Secretariat.
The outcome of this work was four conference room papers (CRPs) capturing the state of discussions and facilitating further deliberations on:
- draft rules of procedure (RoP) for the Conference of the Parties (COP);
- draft RoP and terms of reference (ToR) for the subsidiary bodies (SBs);
- draft financial rules governing the funding of the COP, the Secretariat and the SBs; and
- a draft memorandum of understanding (MoU) between the COP and the Global Environment Facility (GEF).
In the morning, delegates resumed their consideration of the ToR and modalities for the operation of, and RoP for, the SBs, including the selection process for their members, based on the CRP.
On the finance committee, delegates failed to find convergence on its composition, specifically the inclusion of one member from each of the five largest financial contributors to the budget for the Agreement. A regional delegation suggested interim arrangements for SB membership in advance of COP1, without prejudice to formal election by the COP.
Several regional delegations and observers expressed their disappointment that a proposed advisory mechanism for Indigenous Peoples and local communities was not included in the revised text, and called for its subsequent development.
On the draft MoU with the GEF, discussions focused on:
- the level of detail regarding references to Article 7 (general principles and approaches);
- guidance from the COP to the GEF Council, in particular a provision noting that the COP may ask the GEF Council to reconsider a project decision;
- ensuring efficient access to funding;
- reporting;
- monitoring and evaluation; and
- cooperation between Secretariats.
Discussions on financial issues resumed in the afternoon with delegates addressing a CRP on financial rules governing the funding of the COP, the Secretariat, and SBs. Deliberations focused on, among other things: the budget; supplementary budget proposals; appropriations; contributions; and arrears. Co-Chair Felson noted that informal discussions will be required on various issues to reach consensus.
The same conclusion was reached following discussions on the relationship between the Secretariat and the UN. Many delegates supported a Secretariat institutionally linked to the UN, with ongoing discussions regarding its degree of autonomy. A regional group emphasized that the Head of the Secretariat should be elected by the COP and remain accountable to it, both politically and administratively.
Delegates also focused on a CRP on the RoP for the COP. They engaged in extensive discussion on a rule that seeks to operationalize BBNJ Article 18 (area of application). Many expressed concerns, stressing that Article 18 captures a delicate balance, and cautioned against the COP becoming a forum for dispute resolution. Others disagreed, stressing the importance of the effective operationalization of Article 18 in a manner consistent with the Agreement, including ensuring non-party states are not excluded from the establishment of area-based management tools.
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