Marine Biodiversity Treaty’s Preparatory Commission Concludes Second Session as Mounting Ratifications Raise Stakes for Intersessional Work
The commission tasked with preparing for the entry into force of a new treaty on marine biodiversity concluded its second session today, with delegates taking stock of the extensive negotiations held over the last two weeks and committing to doing "homework" before its third session to ensure that the treaty can be operationalized with appropriate financial and institutional mechanisms.
The gathering, formally known as the "Preparatory Commission for the Entry into Force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the Convening of the First Meeting of the Conference of the Parties to the Agreement", was held from 18 to 29 August. Its first session was held from 14 to 25 April, and its third will convene from 23 March to 2 April 2026. (Coverage to date is available here.)
The Agreement was adopted on 19 June 2023. During today’s meeting, the Chair announced that Saint Kitts and Nevis ratified the treaty, becoming the fifty-fourth country to do so. (The European Union has also ratified.) Further, Ukraine signed the Agreement today, bringing the total number of signatures to 141. The Agreement will enter into force 120 days after the date of deposit of the sixtieth instrument of ratification, approval, acceptance or accession thereto and, per its terms, the first meeting of the Conference of the Parties shall be convened no later than one year after the Agreement’s entry into force.
As Ratifications Increase, So Does Pressure on Preparatory Commission
In closing statements, delegates looked forward to this milestone, with Co-Chair Janine Coye-Felson (Belize) noting that this "does put the pressure of time on all of us". She called for an open exchange, a focus on key issues and continued support, adding: "I have a begging bowl out." Her fellow Co-Chair Adam McCarthy (Australia) noted the importance of not leaving the Commission overloaded at its third session, adding that "by and large, we have been very, very successful in that regard". He said: "We have a Convention that will be entering into force end of December, start of January [2026]." and a first Conference of the Parties sometime towards the end of 2026. Therefore, "our work has become more intensified than it ever was; the time-bound nature of it is more clear than it’s ever been", he stressed.
Speaking for the Core Latin American Group, the representative of Colombia stressed the need to circulate — before the Commission’s next session — a draft decision on the institutional arrangements for the functioning of the Agreement’s secretariat, also reiterating the need to set a deadline on the dissemination of information concerning headquarters proposals. The third session should seek to adopt consensus recommendations regarding the seat of the secretariat’s headquarters, she said.
Sierra Leone’s representative, speaking for the African Group, called for the early release of revised drafts. A revised draft text on terms of reference, modalities and rules of procedure for all subsidiary bodies will facilitate the swift operationalization of the Agreement upon its entry into force, she underscored. Further, she called on the Co-Chairs to identify the relevant tasks that can be done intersessionally to "facilitate maximum progress at the next session".
The representative of Palau, speaking for the Alliance of Small Island States, said: "We had hopes that that we would have achieved more." She expressed disappointment over attempts to undermine the recognition of the special circumstances of small island developing States — this is a legal obligation under the Agreement and cannot be treated as an afterthought. Calling on the international community to transform the Agreement "from a vessel of promise into one equipped for effective implementation", she said that small island developing States are not just passengers on this vessel; "we are powering its movement, paddling alongside others to propel us towards entry into force".
Along similar lines, Tuvalu’s representative, speaking for Pacific small island developing States, emphasized that "the special circumstances of small island developing States must guide the work of this Agreement". Tonga’s representative, speaking for the Pacific Islands Forum, urged delegations’ flexibility so that the Commission can finish its work in a timely manner. "We need to be clear-eyed about the likely limited time remaining until the entry into force of the Agreement and the first meeting of the Conference of the Parties," she stressed.
The European Union’s representative, in its capacity as observer, underlined the importance of efficiency, cautioned against reopening the Agreement and added: "We want the majority of the resources that we invest in this Agreement to be directed to the purpose of the Agreement."
The Commission also heard from Vladimir Jares, Director of the Division for Ocean Affairs and the Law of the Sea, who updated delegates on the current financial state of the voluntary trust fund. That fund has helped 30 delegations from developing countries — 27 of whom hailed from least developed countries, landlocked developing countries and small island developing States — participate in the Commission’s work. He noted that two delegates cancelled at the last minute due to personal reasons, and "the Division, mindful of its fiduciary responsibilities, is working with them to ensure the return of the advances that were provided". As of 28 August, the trust fund had an estimated balance of 50,000,ドル he reported.
On that, Colombia’s representative, speaking for the Core Latin American Group, noted that the Group is composed of "very small delegations" — sometimes consisting of only one person. "We really do depend on the voluntary trust fund," she emphasized, expressing regret that several members’ applications to benefit from it were denied. As such, she urged those able to contribute to the trust fund to do so.
Delegates Conclude Discussion on Rules of Procedure
In the morning, the Commission again took up the rules of procedure for meetings of the Conference of the Parties, guided by a compilation of draft rules prepared by the Co-Chairs (document A/AC.296/2025/CRP.3). Among the topics they discussed were the rules governing the participation of observers in the Conference of the Parties and in the meetings of the Agreement’s subsidiary bodies, for which the draft document offered three different options.
Singapore’s delegate, speaking for the Alliance of Small Island States, said that the "broad, by-default approach that is set out in option I" may not strike a balance between transparency and the prudent use of limited time and resources. Stressing the need for efficient functioning of the Agreement’s procedures, he said that the provisions outlined in options II and III "would not be unduly restrictive" while permitting a high degree of transparency.
Morocco’s representative, speaking for the African Group, stressed the need for "a transparent accreditation process based on consensus or the absence of objections". The group does not favour option I, which is "too open-ended and mixes categories". However, he said that the Group is "open to refining" option II, which is "more detailed and addresses a number of concerns", and option III, which is "inspired by the practice of the Economic and Social Council and could represent a workable balance". The representative of China also said that "we cannot accept option I", while expressing support for option II and flexibility on option III.
The representative of the Philippines, however, expressed support for option I, adding that "the no-objection element — which allows for the possibility of a single State vetoing the participation of [a non-governmental organization] in options II and III — seem contrary to the spirit of article 48 of the Agreement [which concerns transparency]".
Along similar lines, the Republic of Korea’s representative, also opposing options II and III, agreed that they are not consistent with article 48 of the Agreement — which is "intended to promote transparency and to ensure that observer participation is not unduly restricted". She pointed out that options II and III would also require Parties to consider requests for observer participation, which "would not be an efficient use of limited time".
The representative of the European Union, in its capacity as observer, stressed that observer participation and broad representation of diverse stakeholders at the Conference of the Parties and the Agreement’s subsidiary bodies "ensures that a wide variety of knowledge — which is often specialized and technical — is available to ensure that decisions are taken on the best available science". Further, observers can provide "a critical and necessary countervoice" to those of State Parties. The Commission is not only bound to facilitate observer participation, but also to avoid provisions that limit observer access "or suggest that observer participation is a privilege" and not a right, he said.
Commission Decides Not to Guide Replenishment of Global Environmental Facility
Delegates also considered the upcoming ninth replenishment of the Global Environmental Facility, with the aid of a document prepared by the Co-Chairs titled "Elements of possible provisional guidance to the Global Environment Facility ninth replenishment process".
The United Kingdom’s representative affirmed that her delegation was "absolutely fine" with that document, urging colleagues to support it. She further called on delegates involved in the Global Environment Facility’s Council "to speak to their colleagues working in that forum, as well, and to reinforce the importance of this process to all of us".
However, Brazil’s representative, speaking for the Core Latin American Group, said that the Commission "did not have time to fully debate the Elements document". She added that this is "not a trivial matter"; it touches upon substantive matters related to the Agreement’s implementation. Such detailed programming direction should be given by the Conference of the Parties after thorough debate on the operationalization of the special fund, she said.
It was then decided that the Commission will not provide any provisional guidance to the ninth replenishment process of the Global Environmental Facility.
Also today, Chile’s delegate reported on the "BBNJ First Movers Initiative", which is being led by 10 countries, including his. That initiative is a voluntary space to share experiences and promote international partnerships to support the development of marine protected areas in areas beyond national jurisdiction. He stressed the need "to consolidate the portfolio of marine protected areas in the high seas as soon as possible".
The Preparatory Commission will resume its work at its third session in 2026.