Highlights and images for 31 March 2026

“We are close. Please engage actively with one another to bridge remaining gaps and identify landing zones. We need flexibility and pragmatism.”

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), offered a dual message to delegates and participants at PrepCom III as the meeting entered its final stretch. On the one hand, they recognized delegates’ efforts, hard work, and commitment for a successful outcome. On the other, they underscored the need to redouble these efforts as the remaining disagreements include some of the most controversial issues under discussion.

Prior to resuming their negotiations, delegates celebrated Austria’s deposit of its instrument of ratification, becoming the 88th Party to the BBNJ Agreement, and the news that Australia passed implementing legislation, bringing the country to the final steps of ratification.

Governance and financial issues as well as data and information management dominated the day’s discussions, with delegates engaging in informal discussions in addition to parallel sessions, which focused on:

• draft rules of procedure (RoP) for the Conference of the Parties (COP);
• operationalization of other provisions on financial resources and mechanism, addressing the voluntary trust fund (VTF) and the special fund;
• modalities for the operation of the Clearing-House Mechanism (CHM); and
• arrangements for the functioning of the Secretariat, including its seat.

In the morning, delegates worked to finalize the RoP for the COP, with Co-Chair McCarthy urging Parties to exercise discipline and understanding, and reconsider their “red lines.” Discussions focused on, among others:

• application of the rules to subsidiary bodies;
• election of officers;
• Secretariat functions;
• quorum;
• amending the RoP; and
• rules subject to BBNJ Article 6 (without prejudice).

Regarding amending the RoP, delegates could not converge on an agreed upon threshold, with a group of delegations stating that the four-fifths majority proposed in the revised text would effectively give a small group of Parties a veto over procedural decisions. Some delegations supported a two-thirds majority, while others stressed that amendments should only be agreed upon by consensus.

Discussions on financial issues focused on a draft COP decision and ToR for the VTF. During informal exchanges, delegates reached a general understanding that contributions to the VTF are on a voluntary basis, thus subjecting any activity to fund availability.

A group of countries stressed that meetings of the COP and committees established under the Agreement should be prioritized for support. During discussions, delegates agreed that the VTF should provide financial support for the participation of at least one person per delegation at meetings and that support should be limited to Parties. Further discussion will be required on the VTF’s scope as well as on prioritization of funding if requests for assistance exceed the level of available support.

In the afternoon, delegates resumed their deliberations on the CHM. They listened to an update from informal discussions, including on a proposed outcome document, to be appended to the Chair’s report, that addresses the architecture, functioning, and cost of the CHM, determines pathways to develop a prototype, and identifies what guidance is needed for the continued development of the CHM at COP1.

Regarding the functioning of the Secretariat, discussions continued to hinge on two options: establishing an institutional linkage to the UN or developing a link on the basis of a relationship agreement between the UN and the Secretariat. Delegates agreed to develop modalities for the selection of the seat of the Secretariat, which will take place at COP1.