(3a)

In implementing this Directive, Member States should take due account of principles and approaches of Article 7 of the BBNJ Agreement.

(7)

As parties to the Convention on Biological Diversity, the Union and its Member States are committed to achieving the goals and targets of the Kunming-Montreal Global Biodiversity Framework, adopted at the fifteenth meeting of the Conference of the Parties to the Convention on Biological Diversity on 7-19 December 2022, and the long-time strategic vision that, by 2050, biodiversity is to be valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people. The EU biodiversity strategy for 2030, in the communication of the Commission of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2023 Bringing nature back into our lives’, sets out multiple objectives, including the aim to restore the good environmental status of marine ecosystems.

(7)

The EU biodiversity strategy for 2030, contained in the communication of the Commission of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 Bringing nature back into our lives’, sets out multiple objectives, including the aim of restoring the good environmental status of marine ecosystems and of facilitating the conclusion of an ambitious legally binding agreement on marine biological diversity of areas beyond national jurisdiction .

(7a)

As parties to the Convention on Biological Diversity, the Union and its Member States are committed to achieving the goals and targets of the Kunming-Montreal Global Biodiversity Framework, adopted at the fifteenth meeting of the Conference of the Parties to the Convention on Biological Diversity on 7 - 19 December 2022, including the goal that, by 2030, at least 30 % of the world's oceans will be governed by systems of protected areas and other effective area-based conservation measures, together with the long-time strategic vision that, by 2050, biodiversity is to be valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people.

(7b)

Parties to the Convention on Biological Diversity, in accordance with the 2030 mission towards achieving the 2050 strategic vision, are to take urgent action to halt and reverse biodiversity loss.

(7c)

This Directive should be implemented in a manner that does not undermine relevant legal instruments and frameworks and competent global, regional, subregional and sectoral bodies, and promotes coherence and coordination with those instruments, frameworks and bodies.

(7d)

The Union and its Member States should thus develop a common coordinated approach and mechanisms for ensuring coherence with the work undertaken within those instruments, framework and bodies, such as in Regional Fisheries Management Organisations (RFMOs) as the competent international bodies for the conservation and management of fisheries resources in areas beyond national jurisdiction or Regional Seas Conventions, including regarding the promotion of measures to support the implementation of the decisions and recommendations made by the Conference of the Parties under Part III of the BBNJ Agreement.

(7e)

The communication of the Commission of 5 June 2025 entitled ‘The European Ocean Pact’ sets out actions to ensure the swift ratification, transposition into Union law, and implementation of the BBNJ Agreement and the sustainable governance of the High Seas. It also envisages that the Union supports the implementation of the BBNJ agreement in developing countries through the EUR 40 million contribution to the Global Ocean Programme.

(7f)

The declaration of the High Ambition Coalition for Biodiversity Beyond National Jurisdiction (BBNJ HAC) of 28 May 2025, initiated by the Commission and bringing together some 40 countries, illustrates the Union's ambition in global ocean governance and protection. In line with that vision, complemented by ocean diplomacy, the Commission should support Member States willing to host the headquarters of the international secretariat defined in Article 50 of the BBNJ Agreement and ensure its co-financing. It is also important for the Union, as part of its Ocean diplomacy, to encourage third countries to ratify the BBNJ Agreement and ensure that they comply with its provision in order to ensure a level playing field.

(7g)

Regulation (EU) No 1026/2012 of the European Parliament and of the Council (1a) establishes a framework for the identification and the adoption of measures with regard to third countries which fail to cooperate and allow non-sustainable fishing of a stock of common interest for the Union. That Regulation, recently amended, makes possible for the Union to identify a third country as allowing non-sustainable fishing if, among others, it fails to cooperate in the management of a stock of common interest, in full compliance with the provisions of the UNCLOS and the UN Fish Stocks Agreement (UNFSA), or with any other international agreement, such as the BBNJ Agreement, or rule of international law, and if it fails to adopt the necessary fisheries management measures. In that regard, this Directive should work together with Regulation (EU) No 1026/2012, especially in relation to international cooperation that may be established in the framework of RFMOs or, where those have no competence for the stock in question, by means of ad hoc arrangements among the countries having an interest in the relevant fisheries.

(10)

It is necessary, in line with Article 9 of the BBNJ Agreement, to foster fair and equitable sharing of benefits arising from activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

(10)

It is necessary for Union and Member States , in line with Article 9 and the objectives of the BBNJ Agreement, to foster fair and equitable sharing of benefits arising from activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction , including through financial contributions, transfer of marine technology, or capacity-building for developing states .

(14)

The BBNJ Agreement allows the establishment of area-based management tools, including marine protected , areas in areas beyond national jurisdiction. Measures adopted by the Conference of the Parties under the BBNJ Agreement should be implemented and, if necessary , transposed into EU legislation. Pending transposition, Member States should not undermine the effectiveness of the measures adopted. It is necessary to lay down the procedures needed to ensure coordination among the Member States and the Commission prior to the submission of any proposal to establish area-based management tools or a proposal for an emergency measure to the BBNJ Secretariat .

(14)

The BBNJ Agreement allows the establishment of area-based management tools, including marine protected areas in areas beyond national jurisdiction. Measures adopted by the Conference of the Parties under the BBNJ Agreement should be implemented and, where relevant , transposed into Union legislation. Pending transposition, the effectiveness of the adopted measures should not be undermined. In order to ensure coordination at Union level, procedures should be put in place for cooperation between the Member States and the Commission prior to the submission of any proposal to the BBNJ Secretariat for the establishment of area-based management tools or a proposal for an emergency measure.

(15)

Under this Directive , for any proposal to establish area-based management tools or any proposal for an emergency measure under Articles 19 and 24(3) of the BBNJ Agreement, the Commission should carry out a preliminary legal assessment. This assessment should include an assessment of the need for the Union to make such a proposal to the BBNJ Secretariat.

(15)

As part of the established procedures , the Commission should carry out a legal assessment which should include an assessment of the need for the proposal to establish area-based management tools or the proposal for an emergency measure under Articles 19 and 24(3) of the BBNJ Agreement to be submitted to the BBNJ Secretariat on behalf of the Union or on behalf of the Union and its Member States or whether a Member State or a group of Member States that made a draft proposal may submit the proposal to the Secretariat in their own capacities .

(15a)

In order to act without unnecessary delay and since that it is possible to adopt intersessionally an emergency measure, as it requires rapid response to prevent or mitigate serious or irreversible harm to marine biological diversity in areas beyond national jurisdiction, Member States should be able to submit proposals for an emergency measure directly to the Secretariat.

(15b)

The high seas are of significant economic and social importance for the Union and its marine economy as a whole, particularly for Union fisheries, food security, energy production, science and international trade. This Directive, including provisions on the establishment of area-based management tools, should ensure a consistent implementation of Union law and a level playing field throughout the Union, while minimising the administrative burden on Member States.

(17)

The Union is party to the United Nations Economic Commission for Europe Convention on access to information, public participation in decision-making and access to justice in environmental matters, signed in Aarhus on 25 June 1998 and ratified on 17 February 2005. The Union is party to the United Nations Economic Commission for Europe Convention on environmental impact assessment in a transboundary context, signed in Espoo on 25 February 1991 and ratified on 24 June 1997. The obligations under these Conventions should remain applicable in the areas falling within the scope of this Directive. The Espoo Convention aims to enhance international co-operation in assessing environmental impact in particular in a transboundary context. The objectives of the Aarhus Convention include guaranteeing the rights of public participation in decision-making in environmental matters in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being. Within the scope of this Directive, the rights of public participation in decision-making in environmental matters should be exercised following the same principles as those established under the Aarhus Convention.

(17)

The Union is party to the United Nations Economic Commission for Europe Convention on access to information, public participation in decision-making and access to justice in environmental matters, signed in Aarhus on 25 June 1998 and ratified on 17 February 2005. The Union is party to the United Nations Economic Commission for Europe Convention on environmental impact assessment in a transboundary context, signed in Espoo on 25 February 1991 and ratified on 24 June 1997. The obligations under these Conventions should remain applicable in the areas falling within the scope of this Directive. The Espoo Convention aims to enhance international co-operation in assessing environmental impact in particular in a transboundary context. The objectives of the Aarhus Convention include guaranteeing the right of access to information, the rights of public participation in decision-making , and access to justice in environmental matters in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being. Within the scope of this Directive, the rights of access to information, public participation in decision-making , and access to justice in environmental matters should be exercised following the same principles as those established under the Aarhus Convention.

(18)

While the purpose of this Directive is to provide for a legal framework governing activities taking place in areas beyond national jurisdiction, any activities to be conducted in areas within national jurisdiction that are likely to have significant effects on the marine environment in areas beyond national jurisdiction should be subject to an assessment in accordance with Directive 2011/92/EU of the European Parliament and of the Council (8), other relevant EU law that contains provisions related to environment assessments for planned activities (9) and national laws transposing EU legislation. In accordance with Article 28(2) of the BBNJ Agreement, in the EU such activities conducted in areas within national jurisdiction should be assessed under established EU rules. In those cases, Member States should ensure that they meet the obligations under the BBNJ Agreement.

(18)

While the purpose of this Directive is to provide for a legal framework governing activities taking place in areas beyond national jurisdiction, any activities to be conducted in areas within national jurisdiction that are likely to cause substantial pollution or significant and harmful changes to the marine environment in areas beyond national jurisdiction should be subject to an assessment in accordance with existing Union law, such as Directive 2011/92/EU of the European Parliament and of the Council (8), other relevant Union law that contains provisions related to environment assessments for planned activities (9) and national laws transposing Union legislation. In accordance with Article 28(2) of the BBNJ Agreement, in the Union such activities conducted in areas within national jurisdiction should be assessed under established Union rules. In those cases, Member States should ensure that they meet the obligations under the BBNJ Agreement.

(19)

Since other applicable legal instruments or frameworks or global, regional, subregional or sectoral bodies provide a framework for assessing the impacts of planned activities under national jurisdiction or control that take place in areas beyond national jurisdiction, Member States should not be required to conduct a screening or an environmental impact assessment in accordance with this Directive under the conditions set out in Article 29(4) of the BBNJ Agreement. In such cases, the Member State concerned should ensure that the environmental impact assessment report is published through the BBNJ Clearing-House Mechanism.

(19)

Where other applicable legal instruments or frameworks or global, regional, subregional or sectoral bodies provide a framework for assessing the impacts of planned activities under national jurisdiction or control that take place in areas beyond national jurisdiction, Member States should not be required to conduct a screening or an environmental impact assessment in accordance with this Directive , provided that the Member States with jurisdiction or control over the planned activity determine that the conditions set out in Article 29(4) of the BBNJ Agreement are met . In such cases, the Member State concerned should ensure that the environmental impact assessment report is published through the BBNJ Clearing-House Mechanism.

(19a)

This Directive does not apply to any warship, military aircraft or naval auxiliary. However, Member States should ensure, by the adoption of appropriate measures which do not impair the operations or operational capabilities of such vessels or aircraft owned or operated by it, that such vessels or aircraft act in a manner consistent, so far as is reasonable and practicable, with this Directive.

(20)

Any plans or programmes prepared or adopted by national, regional or local authorities of Member States which are likely to have significant effects on the marine environment in areas beyond national jurisdiction should be subject to an assessment in accordance with Directive 2001/42/EC of the European Parliament and of the Council (10)and national laws transposing that Directive.

(20)

Any plans or programmes prepared or adopted by national, regional or local authorities of Member States which are likely to cause substantial pollution of or significant and harmful changes to the marine environment in areas beyond national jurisdiction should be subject to an assessment in accordance with Directive 2001/42/EC of the European Parliament and of the Council (10)and national laws transposing that Directive.

(20a)

Directive 2001/42/EC lays down environmental assessment standards and procedural guarantees that are consistent with, and do not undermine, the obligations of the BBNJ Agreement. The application of Directive 2001/42/EC (1a) within areas under Member State jurisdiction or control contributes directly to fulfilling the strategic environmental assessment requirements set out in Article 39 of the BBNJ Agreement.

(21)

When determining the likelihood of significant effects of planned activities, Member States should take into account how notable or important effects can be. They should also take account of criteria set out in Directive 2011/92/EU in making this determination.

(21)

When determining the likelihood of causing substantial pollution or significant and harmful changes to the marine environment by planned activities, Member States should take into account how notable or important these effects can be. They should also take account of criteria set out in Directive 2011/92/EU in making this determination.

(i)

‘planned activity’ means an activity involving the execution of construction works, installations, schemes or other interventions in the marine environment , including regular activities aimed at utilising natural resources;

(i)

‘planned activity’ means an activity in the marine environment, that inter alia includes the execution of construction works, installations, schemes or other interventions, including regular activities aimed at utilising natural resources;

(j)

‘activities under jurisdiction or control’ means activities carried out by both public and private entities , on which the Member State can, in accordance with international law, exercise its competence or authority;

(j)

‘activities under jurisdiction or control’ means activities carried out by legal persons, both public and private and by natural persons , on which the Member State can, in accordance with international law, exercise its competence or authority;

(n)

‘public’ means the public concerned as well as indigenous peoples and local communities with relevant traditional knowledge and relevant global, regional, subregional and sectoral bodies and the scientific community;

(n)

‘public’ means the public concerned as well as Indigenous Peoples and local communities with relevant traditional knowledge and relevant global, regional, subregional and sectoral bodies and the scientific community;

(s)

‘minor or transitory effects’ mean effects that do not have significant harmful impact on the marine environment.

(s)

‘minor or transitory effects’ mean effects that do not cause substantial pollution or make significant and harmful changes to the marine environment.

(a)

fishing regulated under applicable international law and fishing-related activities; and

(a)

fishing regulated under applicable international and Union law, such as the common fisheries policy and fishing-related activities; and

(a)

that the conditions under Article 29(4) of the BBNJ Agreement are met ;

(b)

that the environmental impact assessment report is published through the BBNJ Clearing-House Mechanism ; and

(c)

that the activity for which the environmental impact assessment has been carried out is monitored.

(ja)

where relevant, a description of any associated impacts of the planned activity, such as economic, social, cultural and human health impacts, including effects on food security, employment, and regional economies, in line with Articles 31 and 35 of the BBNJ Agreement.

(a)

a conclusion of the competent authority on the likely significant impacts of the planned activity on the marine environment and the main reasons for the authorisation;

(a)

a conclusion of the competent authority on the likely substantial pollution or significant and harmful changes to the marine environment by the planned activity and the main reasons for the authorisation;

(a)

they have a sufficient interest;

(b)

they maintain the impairment of a right, where the administrative procedural law of a Member State requires such an impairment as a precondition .