3rd Session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction
19-30 August 2019 | UN Headquarters, New York
Summary Highlights
Delegates at the third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) delved, for the first time, into textual negotiations on the basis of a “zero draft” containing treaty text developed by IGC President Rena Lee (Singapore). The document’s structure addressed general provisions and cross-cutting issues, as well as the four elements of the package identified in 2011:
- marine genetic resources (MGRs), including questions on the sharing of benefits;
- measures such as area-based management tools (ABMTs), including marine protected areas (MPAs);
- environmental impact assessment (EIAs); and
- capacity building and the transfer of marine technology (CB&TT).
Deliberations were productive and the spirit of cooperation that permeated the meeting was highlighted by delegates and observers alike.
A revised draft for the next session will be developed on the basis of discussions and submissions during the meeting.
Highlights for Friday, 30 August 2019
The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) came to a close on Friday, August 30, 2019. During the day, delegates engaged in a comprehensive discussion on the way forward. Several delegations welcomed the new format of the meeting, notably the informal-informals, with many calling for regular report-backs to facilitate broad participation, especially for small delegations. On this note, there were calls from several developing countries for increased contributions to the Voluntary Trust Fund to facilitate their participation at the next meeting.
In her closing remarks, IGC President Rena Lee (Singapore), called on delegates to study the proposals submitted during the intersessional period in order to make further progress at IGC-4. She noted that:
- the revised negotiating text for IGC-4 will likely not include all the proposals submitted or discussed at IGC-3;
- the advanced revised text, in English only, will be issued by the end of 2019; and
- IGC-4 will feature more parallel sessions, and a number of stock-taking plenaries that will consider the four elements of the 2011 package as “more of a package.”
In the corridors, several delegates patted themselves on the back for having gone through the major elements of the draft text on the new High Seas treaty, but acknowledged that more needs to be done to address the pressing matters that have been raised in the negotiation process. Commenting on next steps, many delegates stressed that, for IGC-4, “the Facilitators will need to craft bridging language to close the gaps in this process.”
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IISD Reporting Services, through its ENB Meeting Coverage, has provided daily web coverage, daily reports, and a summary and analysis report from BBNJ IGC-3. The summary and analysis report is now available in HTML and PDF.
Photos by IISD/ENB | Francis Dejon
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Informal Working Group
Highlights for Thursday, 29 August 2019
The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met throughout the day and into the evening in an informal working group setting to address environmental impact assessments (EIAs), and cross-cutting issues. Delegates also met briefly in an “informal-informal” to consider marine genetic resources, including questions on benefit-sharing.
Thursday saw the end of the informal-informals, and comprehensive, prolonged discussions on the remaining issues in the draft text of a future international legally binding instrument.
Highlights of the day included, inter alia:
- Discussions in the informal working group on cross-cutting issues, notably related to institutional arrangements, and dispute-settlement; and
- Discussions in the informal working group on EIAs, touching on the content of EIA reports, their publication, and consideration and review.
In the corridors, one weary delegate wondered “why didn’t we put in more hours during the first week when everyone was still fresh and in good spirits,” referring to the final push to try to complete all the work related to the draft text. Looking ahead, Friday promises an important discussion on the way forward, with some delegates confiding “we are not sure we can see the light at the end of this tunnel to a High Seas agreement just yet.”
For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin.
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Highlights for Wednesday, 28 August 2019
The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met in two informal working groups on marine genetic resources (MGRs), including benefit-sharing, and on cross-cutting issues. Delegates also met in “informal-informals” to consider aspects related to both area-based management tools (ABMTs), including marine protected areas (MPAs), and environmental impact assessments (EIAs).
Delegates dove into choppy waters on Wednesday, opening discussions on some of the key underlying, or overarching, issues that have proved intractable in the past. They shared views on the terms to be included in the new agreement, specifically those related to MGRs, as well as on the most relevant principles on which the future agreement will be anchored. Highlights of the day included, inter alia:
- Discussions in the informal working group on cross-cutting issues, specifically related to principles and approaches, international cooperation, and implementation and compliance;
- Discussions in the informal working group on MGRs, touching on the need to align with definitions in relevant frameworks and bodies to maintain legal certainty;
- Informal-informal discussions on ABMTs, addressing who should be consulted on a proposal for an ABMT, and how these proposals will be assessed; and
- Informal-informals on EIAs, focusing on strategic environmental assessments, and a list of activities that do or do not require an EIA.
In the corridors, one observer lamented, “it seems like we are stuck in a loop: when we are looking at the substance, decisions are deferred for lack of a definition, and then once we get to the definitions, we are told to wait until we decide on substance.” Others were hopeful that as discussions enter the final stretch, delegates can finally begin to consider the central tenets of the future High Seas instrument, and that those discussions “will help us see the forest for the trees.”
For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin.
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Highlights for Tuesday, 27 August 2019
The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met in an informal working group on area-based management tools (ABMTs), including marine protected areas (MPAs). Delegates also met in three “informal-informals” to continue discussing aspects related to environmental impact assessments (EIAs), marine genetic resources (MGRs), including questions on the sharing of benefits, and cross-cutting issues.
In their discussions, delegates broached what some have characterized as “sticky” issues. Highlights of the day included:
- Informal-informals on EIAs, which focused on cumulative and transboundary impacts;
- Informal-informals on MGRs, especially addressing intellectual property rights within the new High Seas agreement;
- Informal-informals on cross-cutting issues, specifically related to financial resources; and
- Discussions in the informal working group on ABMTs, including MPAs, related to the proponent and content of ABMT proposals.
In the corridors, some were concerned that “we have forgotten why we are here,” noting the need for the new High Seas agreement to conserve marine biodiversity and, in many cases, give it a chance to regenerate. “Look up from the text,” urged one delegate, emphasizing that the existing governance regime is “fragmented and not fit for purpose,” and rallying delegates to adopt a strong High Seas treaty to address the current gaps.
For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin.
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Highlights for Monday, 26 August 2019
The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met throughout the day on Monday, 26 August 2019, in informal working groups on capacity building and the transfer of marine technology (CB&TT), and on cross-cutting issues. Delegates also met in two closed-door “informal-informals,” to discuss aspects related to environmental impact assessments (EIAs), and area-based management tools (ABMTs), including marine protected areas (MPAs).
For the better part of the day, they considered types of CB&TT, whether and where to include a potential list of these activities in the new High Seas agreement, as well as matters related to monitoring and review, definitions, and the list over types of CB&TT in the annex. They also considered, as part of CB&TT, the clearing-house mechanism, discussing the types and functions of such a mechanism. Highlights of the day included, among others:
- Informal-informals on EIAs, which focused on matters regarding monitoring, reporting, and review;
- Informal-informals on ABMTs, including MPAs, focusing on the objectives of ABMTs as well as aspects related to monitoring and review;
- Discussions in the informal working group on CB&TT, on aspects of a clearing-house mechanism, specifically the types and modalities of such a mechanism; and
- Discussions in the informal working group on cross-cutting issues, addressing other aspects of the clearing-house mechanism.
In the corridors, one exasperated developing country delegate was adamant about the need for “hard rules to guide capacity building and the transfer of marine technology” for the effective implementation of the new High Seas treaty, adding that CB&TT needs to be understood as being driven by developing countries. Commenting on the closed-door sessions, another delegate opined that “the format and time constraints prevent us from addressing crucial linkages,” still remaining optimistic that “we will get there.”
For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin.
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Highlights for Friday, 23 August 2019
The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met on Friday, 23 August 2019, in an informal working group on marine genetic resources (MGRs), including benefit-sharing. Delegates also met in two closed-door “informal-informals” to discuss MGRs, and environmental impact assessments (EIAs). Highlights of the day include:
- Informal-informals on MGRs, with discussions focusing on monitoring the use of MGRs in areas beyond national jurisdiction;
- Informal-informals on EIAs, focusing on thresholds and criteria, including discussions on the assessment of activities within national jurisdiction that may cause pollution or harm to the marine environment; and
- Discussions in an open informal working group on MGRs on the objectives and scope related to MGRs, including considerations on whether or not to include fish, digital sequencing information, and derivates in the new High Seas treaty.
At the beginning of the session, Janine Coye-Felson (Belize), Facilitator of the informal working group on MGRs, provided an overview of the closed-door discussions related to access to MGRs and benefit-sharing. She highlighted differing views on access, including on, inter alia: its definition, with some preferring not defining access at all; regulation modalities, with delegates favoring, inter alia, free and unimpeded access, subject to prior notification, or subject to a licensing system; and applicability regarding MGRs ex situ and in silico. On benefit-sharing, opinions differed on, among others: the qualifiers of benefit-sharing; activities triggering benefit-sharing; and its voluntary or mandatory nature.
In the corridors, one seasoned observer reflected on the need for flexibility: “The thing to keep in mind is that no one is going to be totally pleased with the final outcome.” Delegates left for the day, planning to do lots of homework over the weekend as well as attend a couple of interesting workshops, which could provide information and, crucially, language to bridge the chasms that still exist in the negotiations.
For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin.
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Highlights for Thursday, 22 August 2019
The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met on Thursday, 22 August 2019, in an informal working group on environmental impact assessments (EIAs). Delegates also met in two closed-door “informal-informals” to discuss: marine genetic resources (MGRs), including questions on the sharing of benefits; and area-based management tools (ABMTs), including marine protected areas (MPAs).
During the informal working group on EIAs, delegates discussed scoping, screening, and impact assessments and evaluation.
Highlights of the day include:
- Informal-informals on MGRs, with discussions focusing on the historically contentious issue of the fair and equitable sharing of benefits;
- Informal-informals on ABMTs, focusing on the monitoring and review of areas under protection; and
- Discussions in plenary on scoping, screening, and impact assessment and evaluation related to EIAs, where delegates considered the role of the state and other entities in the conduct of these activities, and whether to include socio-economic and cultural impacts as part of scoping measures.
In the morning, Facilitator René Lefeber (the Netherlands) summarized Wednesday’s informal-informal discussions on EIAs, which focused on decision making, and the relationship with EIA processes under other relevant global, regional, and sectoral bodies. On decision making, he noted, inter alia, that divergent positions remain around whether this should take place at the national or international level. On the relationship with EIA processes under other relevant global, regional, and sectoral bodies, Lefeber highlighted that participants considered whether, among other issues, there is potential for developing common standards between the new agreement and relevant bodies, under the discussion on global minimum standards for the conduct of EIAs.
In the corridors, some shared that segments of the informal-informals were “getting tense, as delegates continue to provide suggestions based on deeply entrenched positions which are sometimes polar opposites of each other,” without discussing how to bridge these long-standing disagreements. Noting that “these issues will define the course of the entire treaty,” one delegate suggested that the Conference consider designating “a lot more time” to address them.
For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin.
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Highlights for Wednesday, 21 August 2019
The third session of the Intergovernmental Conference (IGC) on 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) convened in New York on Wednesday, with delegates meeting in an open informal working group on area-based management tools (ABMTs), including marine protected areas (MPAs). They also met in two closed-door “informal-informals,” to discuss certain aspects of environmental impact assessments (EIAs), and marine genetic resources (MGRs).
During the informal working group on ABMTs, delegates discussed the identification of areas, including those that may require protection. Highlights of the day include:
- Informal-informals on EIAs, considering the relationship between the future High Seas agreement and EIA processes under other instruments, and the role of states in decision-making related to EIA activities;
- Informal-informals on access to MGRs of areas beyond national jurisdiction, including discussions on potentially setting parameters for access to these resources; and
- Discussions in plenary on the identification of areas requiring protection, including a list of criteria for the establishment or designation of ABMTs, and the basis on which ABMTs are identified, with references to best available science, an ecosystem approach, and traditional knowledge.
In the morning, Facilitator Alice Revell (New Zealand) summarized Tuesday’s informal-informal discussion on international cooperation and coordination, and decision making. She highlighted that delegates had discussed ideas related to definitions of ABMTs, including MPAs, reflecting the general understanding that ABMTs are a broader concept that includes MPAs. She highlighted divergent views on the definition of MPAs, including whether to refer to them as tools to achieve long-term biodiversity conservation and sustainable use.
In the corridors, strong calls were made to keep an eye on the purpose of the global treaty, with one delegate “highlighting, underlining, and underscoring the need for swift progress,” adding that “millions of species are at risk and that should spur us to better use the time we have here.”
For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin.
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Highlights for Tuesday, 20 August 2019
The third session of the Intergovernmental Conference (IGC) on 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) convened in New York on Tuesday, with delegates meeting in an open informal working group, as well as behind closed doors in two “informal-informals.”
During the informal working group, they discussed capacity building and the transfer of marine technology (CB&TT), focusing on specific aspects related to the objectives of CB&TT, cooperation, and modalities.
Highlights of the day include:
- Informal-informals on the modalities for CB&TT, including whether it will be voluntary or mandatory in nature;
- Informal-informals on area-based management tools (ABMTs), including aspects related to decision-making, such as the establishment of ABMTs and their relationship with relevant existing instruments; and
- Discussions in plenary on the objectives of and cooperation under CB&TT.
In the afternoon, IGC President Lee offered a brief summary of the informal-informals held during the morning, focusing on CB&TT modalities.
She highlighted, inter alia, that participants had: expressed diverging views in favor of CB&TT being provided on a voluntary or mandatory basis; elaborated on the circumstances under which CB&TT would be voluntary and mandatory, respectively; and exchanged opinions about “what we are trying to achieve here” and whether the new treaty should reflect “what is in UNCLOS” or go beyond the Convention.
In the corridors, some delegates found the new format refreshing while others expressed concerns about the new closed-door negotiating modalities, noting that, “Limiting participation at a time where transparency and public engagement have become a central tenet across the global political spectrum does not seem to be a step in the right direction.”
For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin.
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Photos in the corridors
Informal Working Group
Highlights for Monday, 19 August 2019
The third session of the Intergovernmental Conference (IGC) on 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) began in New York on Monday. For this meeting, delegates have, as a basis for their negotiations, a draft text of an agreement containing treaty language, prepared by IGC President Rena Lee (Singapore) and the UN Division for Ocean Affairs and the Law of the Sea.
In opening statements, both IGC President Rena Lee and Under Secretary-General for Legal Affairs and UN Legal Counsel Miguel de Serpa Soares pointed to the recent Global Assessment Report on Biodiversity and Ecosystem Services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), noting that BBNJ can be a part of “turning the tide” on global biodiversity loss.
As delegates exchanged general views and began an in-depth consideration of the draft text, the highlights of the first day include, inter alia:
- Divergence in understanding on fundamental issues, including the timeframe for the conclusion of discussions on the ILBI;
- Agreement on the need to have an article on “General Objectives,” separate from objectives relating to specific aspects of the 2011 package;
- Divergence on the application of the instrument, and the need for a separate article on sovereign immunity, given that this is reflected in UNCLOS; and
- Discussions on the future instrument’s relationship with existing instruments and frameworks.
In their general statements, several supported the common heritage of humankind as an overarching principle governing marine biodiversity of areas beyond national jurisdiction. Many also highlighted the importance of capacity building and the transfer of marine technology to operationalize the future instrument.
In the corridors, delegates and participants exchanged ideas on the potential trade-off between the timely conclusion of the IGC considerations and the quality of the new treaty. While some cautioned against “self-imposed” deadlines, others underscored the urgency of the issues under discussion, stressing that “time matters.” Most agreed, however, that informal deliberations throughout the session will allow for fine-tuning the text and hopefully bridging existing divergent opinions.
For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin.
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BBNJ IGC-3 Resources
- BBNJ IGC-3 Website and Documents
- BBNJ IGC-3 Provisional Agenda
- BBNJ IGC-3 Provisional Programme of Work
- Draft Text of an Agreement Under UNCLOS on BBNJ (Advance Copy)
- BBNJ Website
IISD ENB/ENB+ Meeting Coverage
- 2nd Part of the 25th Annual Session of the International Seabed Authority (ISA), 15-26 July 2019, ISA Headquarters, Kingston, Jamaica
- 20th Meeting of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea, 10-14 June 2019, UN Headquarters, New York
- BBNJ IGC 2, 25 March - 5 April 2019, UN Headquarters, New York
- 4th Meeting of the Open-Ended Committee of Permanent Representatives to UN Environment Programme (UNEP) and 4th Session of the UN Environment Assembly, 4-8 March and 11-15 March 2019, UNEP Headquarters, Nairobi, Kenya
- 1st Part of the 25th Annual Session of the ISA, 25 February - 1 March 2019, ISA Headquarters, Kingston, Jamaica
- 2018 UN Biodiversity Conference, 14-29 November 2018, Sharm El-Sheikh, Egypt
- BBNJ IGC 1, 4-17 September 2018, UN Headquarters, New York
- ENB Coverage of Oceans Meetings
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