EUROPEAN COMMISSION

Brussels, 24.4.2025

COM(2025) 173 final

2025/0090(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

•Consistency with existing policy provisions in the policy area

•Consistency with other Union policies

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

•Subsidiarity (for non-exclusive competence) 

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•Stakeholder consultations

•Collection and use of expertise

•Impact assessment

•Regulatory fitness and simplification

•Fundamental rights

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Explanatory documents (for directives)

•Detailed explanation of the specific provisions of the proposal

2025/0090 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 10 ,

Having regard to the opinion of the Committee of the Regions 11 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)It is necessary to tackle biological diversity loss and the degradation of ocean ecosystems, due in particular to climate change impacts on marine ecosystems, such as warming and ocean deoxygenation, ocean acidification, pollution (including plastic pollution) and unsustainable use of the ocean. For this purpose, it is necessary to lay down rules at EU level in order to implement the international commitments of the Union and its Member States. 

(2)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 12 (‘the BBNJ Agreement’ or ‘the Agreement’) aims to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of the United Nations Convention on the Law of the Sea, to which the Union and its Member States are parties, and further international cooperation and coordination.

(3)This Directive should implement into EU law the obligations arising from the BBNJ Agreement in the area of the protection of the environment, acknowledging that its further implementation would also depend on international cooperation and coordination, in particular as provided under that Agreement.

(4)The EU signed the BBNJ Agreement on 20 September 2023. On 17 June 2024, the Council adopted Council Decision (EU) 2024/1830 13 on the conclusion of the BBNJ Agreement on behalf of the Union. The Union has not yet deposited its instrument of approval of the BBNJ Agreement. Pursuant to Article 68(1) of the BBNJ Agreement, it will enter into force 120 days after the date on which the sixtieth instrument of ratification, approval, acceptance or accession is deposited.

(5)The Union is committed to stepping up efforts to tackle climate change and to delivering on the implementation of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (‘the Paris Agreement’), guided by its principles and on the basis of the best available scientific knowledge, in the context of the long-term temperature goal of the Paris Agreement.

(6)The Convention on Biological Diversity was approved on behalf of the Union in accordance with Council Decision 93/626/EEC 14 . The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity was approved on behalf of the EU in accordance with Council Decision 2014/283/EU 15 and Regulation (EU) No 511/2014 of the European Parliament and of the Council. The Convention sets out the framework for measures to comply with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union.

(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.

(8)Directive (EU) 2019/1024 16 of the European Parliament and of the Council encourages public sector bodies and public undertakings to produce and make available research data in accordance with the principle of “open by design and by default’’ and the FAIR principles, This Directive is also imposing the sharing of certain research data for its re-usability.

(9)Pursuant to the BBNJ Agreement, activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction are in the interests of all States and for the benefit of all humanity, particularly for the benefit of advancing the scientific knowledge of humanity and promoting the conservation and sustainable use of marine biological diversity, taking into consideration the interests and needs of developing States. 

(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.

(11)The EU deposited Exception 2024/1833 under Article 70 in conjunction with Article 10(1) of the BBNJ Agreement regarding the retroactive effects set out in the second sentence of that Article. This means the provisions of the Agreement will apply for the Union only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected and generated after the BBNJ Agreement enters into force for the Union.

(12)When accessing traditional knowledge associated with marine genetic resources collected in areas beyond national jurisdiction that is held by indigenous peoples and local communities, such access should be done with free, prior and informed consent or approval and involvement of these indigenous peoples and local communities as set out in Article 13 of the BBNJ Agreement. In such cases, any applicable national legislation enabling the indigenous peoples and local communities that hold the traditional knowledge to issue free, prior and informed consent should apply.

(13)To reduce the administrative burden and costs of implementation, Member States may, where available, use a digital platform provided by the Commission to meet the purpose of this Directive.

(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.

(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.

(16)The BBNJ Agreement lays down provisions concerning environmental impact assessment in areas beyond national jurisdiction to reflect developments at international level. It is necessary to provide for minimum provisions on how these obligations are implemented in the Union, in the light of the obligations raising from the BBNJ Agreement, thus ensuring a level-playing field between the Member States and avoiding conflicting requirements. The effects of planned activities taking place in areas beyond national jurisdiction on the marine environment should be assessed in order to take account of concerns to protect human health, to enhance the quality of life by creating a better environment, to maintain the diversity of species and to maintain the reproductive capacity of the ecosystem as a basic resource for life.

(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.

(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 17 , other relevant EU law that contains provisions related to environment assessments for planned activities 18  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.

(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.

(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 19  and national laws transposing that Directive.

(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.

(22)In order to determine whether a planned activity may cause substantial pollution of or significant and harmful changes to the marine environment, the screening or the environmental impact assessment of such an activity should, in principle, be carried out at the earliest possible stage in the decision-making process with a view to identifying and assessing all the likely effects which the planned activity may have on the marine environment. This is particularly important to identify and assess unknown or poorly understood effects of the planned activities.

(23)Decisions authorising planned activities that take place in areas beyond national jurisdiction granted by the competent authority or authorities may take the form of a wide range of legal acts (such as development consents, decisions, permits and other forms of authorisation), depending on the national procedures applicable in the Member States. Irrespective of the form, title or the procedure for adopting such decisions under national law, Member States should ensure that planned activities taking place in areas beyond national jurisdiction that may cause substantial pollution of or significant and harmful changes to the marine environment are made subject to an assessment before being authorised.

(24)This Directive is in line with Article 47 of the Charter of Fundamental Rights and implements the obligation under the Aarhus Convention to guarantee access to justice in environmental matters. It should be possible for the public concerned including non-governmental organisations promoting environmental protection and meeting any requirements under national law to have access to review of decisions taken by Member States under this Directive.

(25)The effectiveness of this Directive requires that natural or legal persons, or their duly constituted organisations, should be able to cite it in legal proceedings and the national courts should be able to take this Directive into consideration as an element of EU law, for example when reviewing decisions of a national authority. In addition, according to settled case law of the Court of Justice, under the principle of sincere cooperation laid down in Article 4(3) of the Treaty on European Union (TEU), it is for the courts of the Member States to ensure judicial protection of a person’s rights under EU law. Article 19(1) TEU requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by EU law. In addition, under the Aarhus Convention, members of the public should have access to justice to protect their right to live in an environment adequate to their personal health and well-being. 

(26)This Directive respects the fundamental rights and observes the principles as recognised in particular by the Charter, including the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial, the principles of legality and proportionality. This Directive seeks to ensure full respect for those rights and principles and should be implemented accordingly.

(27)In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents 20 , Member States have undertaken to provide, in justified cases, notification of their transposition measures together with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislators consider the transmission of such documents to be justified, in particular following the judgment of the European Court of Justice in Case Commission vs Belgium 21   (case C-543/17),

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER 1

General provisions

Article 1

Subject matter

This Directive establishes minimum rules regarding implementation within the European Union of the Agreement (‘the BBNJ Agreement’ or ‘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.

Article 2

Definitions

For the purposes of this Directive, the following definitions apply:

(a) ‘areas beyond national jurisdiction’ means the high seas and the Area as defined in Article 1(1) of the United Nations Convention on the Law of the Sea;

(b) ‘collection in situ’, in relation to marine genetic resources, means the collection or sampling of marine genetic resources in areas beyond national jurisdiction;

(c) ‘Conference of the Parties’ means the Conference of the Parties established under Article 47 of the BBNJ Agreement;

(d) ‘marine genetic resources’ means any material of marine plant, animal, microbial or other origin containing functional units of heredity of actual or potential value;

(e) ‘utilisation of marine genetic resources’ means conducting research and development on the genetic and/or biochemical composition of marine genetic resources, including through the application of biotechnology;

(f) ‘BBNJ Clearing-House Mechanism’ means the platform established under Article 51 of the BBNJ Agreement;

(g) ‘BBNJ Scientific and Technical Body’ means the body established under Article 49 of the BBNJ Agreement;

(h) ‘BBNJ Secretariat’ means the secretariat established under Article 50 of the BBNJ Agreement;

(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;

(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;

(k) ‘plans and programmes’ means the plans and programmes defined in Article 2(a) of Directive 2001/42/EC and any modifications to them which are subject to preparation and/or adoption by an authority at global, national, regional, subregional or local level or which are prepared by an authority for adoption, through a legislative procedure by Parliament or Government, and which are required by legislative, regulatory or administrative provisions;

(l) ‘decision to authorise’ means a decision taken by the competent authority or authorities allowing the execution of a planned activity;

(m) ‘public concerned’ means natural and legal persons affected or likely to be affected by, or having an interest in, the environmental decision-making procedures referred to in Chapter 3 of this Directive, including non-governmental organisations promoting environmental protection and meeting any requirements under national law;

(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;

(o) ‘competent authority or authorities’ mean the authority or authorities that the Member States designate as responsible for performing the duties arising from this Directive;

(p) ‘environmental impact assessment’ means a process to prepare an environmental impact assessment report, carry out consultations, take into account of the environmental impact assessment report and the results of the consultations in decision-making and provide information on the decision in accordance with Chapter 3 of this Directive;

(q) ‘environmental impact assessment report’ means documentation containing the information required in Article 10(4) of this Directive;

(r) ‘cumulative impacts’ means the combined and incremental impacts resulting from different activities, including known past and present and reasonably foreseeable activities, or from the repetition of similar activities over time, and the consequences of climate change, ocean acidification and related impacts;

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

Article 3

Scope

1. This Directive applies to planned activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction.

2. This Directive shall not apply to any warship, military aircraft or naval auxiliary. Except for Chapter 2, this Directive does not apply to any other vessels or aircraft owned or operated by a Member State and used, for the time being, only on government non-commercial service.

3. This Directive shall not apply to planned activities under Member States’ jurisdiction or control that take place in areas within national jurisdiction except for the provisions under Article 8(6) of this Directive.

4. This Directive does not affect the obligation on the competent authorities to respect the limitations set under national laws, regulations and administrative provisions and accepted legal practices with regard to commercial and industrial confidentiality, including intellectual property, and the safeguarding of the public interest.

CHAPTER 2

Marine genetic resources and digital sequence information of areas beyond national jurisdiction

Article 4

General provisions

1. This Chapter applies only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected and generated as from XX [after the entry into force of the BBNJ Agreement for the EU and its Member States – OJ to insert the date].

2. This Chapter does not apply to:

(a) fishing regulated under applicable international law and fishing-related activities; and

(b) fish or other living marine resources known to have been taken in fishing and fishing-related activities from areas beyond national jurisdiction, unless such fish or other living marine resources are regulated as utilisation under Part II of the BBNJ Agreement.

Article 5

Activities with respect to marine genetic resources of areas beyond national jurisdiction

Member States shall ensure that collection in situ of marine genetic resources of areas beyond national jurisdiction is carried out with due regard for the rights and legitimate interests of coastal states in areas within their national jurisdiction and with due regard for the interests of other states in areas beyond national jurisdiction, in accordance with the United Nations Convention on the Law of the Sea. For this purpose, Member States shall cooperate, as appropriate, including using the BBNJ Clearing-House Mechanism, in order to implement the provisions of this Chapter.

Article 6

Notification on activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction

1. Member States shall ensure that the information listed in paragraph 2, and any update of paragraph 3, is notified to the BBNJ Clearing-House Mechanism. Member States shall ensure coordination between the system used for notification of paragraph 2 and other notification systems provided under other Union legislation.

2. The following information shall be notified to the BBNJ Clearing-House Mechanism six months prior to the collection in situ of marine genetic resources of areas beyond national jurisdiction:

(a) the nature of the collection and the objectives under which it is carried out, including, as appropriate, any programme of which it forms part;

(b) the subject matter of the research or, if known, the marine genetic resources to be targeted or collected, and the purposes for which such resources will be collected;

(c) the geographical areas in which the collection is to be carried out;

(d) a summary of the method and means to be used for collection, including the name, tonnage, type and class of vessels, scientific equipment and/or study methods employed;

(e) information concerning any other contributions to proposed major programmes;

(f) the expected date of the first appearance and final departure of the research vessels, or deployment of the equipment and its removal, as appropriate;

(g) the name(s) of the sponsoring institution(s) and the person in charge of the research project;

(h) opportunities for scientists from all states, in particular scientists from developing states, to be involved in or associated with the research project;

(i) the extent to which it is considered that states parties to the BBNJ Agreement that may need and request technical assistance, in particular developing states, should be able to participate or to be represented in the research project;

(j) a data management plan prepared according to open and responsible data governance, taking into account current international practice.

3. Where there is a material change to the information provided to the BBNJ Clearing-House Mechanism prior to the planned collection, updated information shall be notified to the BBNJ Clearing-House Mechanism within a reasonable period of time and no later than the start of collection in situ, when practicable.

4. Member States shall ensure that the following information, along with the ‘BBNJ’ standardised batch identifier, is notified to the BBNJ Clearing-House Mechanism as soon as it is available, but no later than one year from the collection in situ of marine genetic resources of areas beyond national jurisdiction:

(a) the repository or database where digital sequence information on marine genetic resources is or will be deposited;

(b) the location where all marine genetic resources collected in situ are or will be deposited or held;

(c) a report detailing the geographical area from which marine genetic resources were collected, including information on the latitude, longitude and depth of collection, and, to the extent available, the findings from the activity;

(d) any necessary updates to the data management plan provided under paragraph 2, point (j).

5. Member States shall ensure that samples of marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction that are in repositories or databases under their jurisdiction can be identified as originating from areas beyond national jurisdiction, in accordance with current scientific international practice and to the extent practicable.

6. Member States shall ensure that repositories, to the extent practicable, and databases under their jurisdiction prepare, on a biennial basis, an aggregate report on access to marine genetic resources and digital sequence information linked to their BBNJ standardised batch identifier, and make the report available to the access and benefit-sharing committee set up under Article 15 of the BBNJ Agreement.

7. Where marine genetic resources of areas beyond national jurisdiction, and where practicable, the digital sequence information on such resources are subject to utilisation, including commercialisation, by natural or legal persons under their jurisdiction, Member States shall ensure that the following information, including the BBNJ standardised batch identifier, if available, is notified to the BBNJ Clearing House Mechanism as soon as it is available:

(a) the location of the results of this utilisation, such as publications, patents granted, if available and to the extent possible, and products developed;

(b) where available, details of the post-collection notification to the BBNJ Clearing House Mechanism related to the marine genetic resources that were the subject of utilisation;

(c) the location where the original sample that is the subject of utilisation is held;

(d) the arrangements envisaged for access to marine genetic resources and digital sequence information on marine genetic resources that are being utilised, and a data management plan for the same;

(e) once marketed, information, if available, on sales of relevant products and any further development.

8. Where available and appropriate, Member States may use a digital platform provided by the Commission to prepare and submit the information specified in paragraph 2 and 4.

Article 7

Deposition of marine genetic resources and digital sequence information on marine genetic resources

1. Member States shall ensure that natural or legal persons under their jurisdiction utilising marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction deposit these marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction, together with their BBNJ standardised batch identifiers, in publicly accessible repositories and databases, maintained either nationally or internationally, no later than three years from the start of such utilisation, or as soon as they are available.

2. Member States shall also ensure that the natural or legal persons referred to in paragraph 1 provide the confirmations of deposits to the competent authority.

If multiple natural or legal person are involved in the utilisation, the person responsible for overseeing the research project shall provide the confirmations of deposits to the competent authority in the Member State in which the person responsible for overseeing the research project is established or resident.

If the person responsible for overseeing the research project is not established or resident in the Union, Member States shall ensure that the natural or legal persons under their jurisdiction and involved in the research project identify a person in the research project who is established in or resident of a Member State to provide the confirmations of deposits to the competent authority.

3. Member States shall ensure, including through coordination, cooperation and exchange of relevant information, that the information in paragraph 1 and 2 is shared in a simplified manner, without unduly increasing the administrative burden on the competent authority or authorities or on natural or legal persons who provide the confirmations of deposits.

CHAPTER 3

Environmental assessments

Article 8

General provisions

1. Member States shall ensure that the potential impacts on the marine environment of planned activities under their jurisdiction or control that take place in areas beyond national jurisdiction are made subject to an assessment before a decision authorising them (a development consent) is provided by the competent authority or authorities in accordance with this Directive.

2. The assessment referred in paragraph 1 may be integrated into Member States’ existing procedures for the authorisation of planned activities.

3. In order to coordinate and facilitate the assessment procedures for planned activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction, and, in particular, to conduct consultations in accordance with Article 11, the Member States concerned may set up, on the basis of equal representation, a joint body.

4. Where an environmental impact assessment for a planned activity shall be carried out, Member States shall take into account, where available, the results of relevant strategic environmental assessments, in particular those carried out under Article 15.

5. This Chapter does not apply to planned activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction and have a minor or transitory effect on the marine environment.

6. This Chapter does not apply to planned activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction for which a screening or an environmental impact assessment have been carried out in accordance with the requirements of other relevant international legal instruments or frameworks or by relevant global, regional, subregional or sectoral bodies. For activities for which an environmental impact assessment has been carried out in accordance with the requirements of other relevant legal instruments or frameworks or by relevant global, regional, subregional or sectoral bodies, Member States shall ensure that the conditions under Article 29(4) of the BBNJ Agreement are met. In such cases, the Member State concerned shall ensure that the environmental impact assessment report is published through the BBNJ Clearing-House Mechanism and that the activity is monitored.

7. For planned activities under Member States’ jurisdiction or control that take place in areas within national jurisdiction and are likely to have significant effects on the marine environment in areas beyond national jurisdiction, Member States shall apply Directive 2011/92/EU and other relevant EU law that contains provisions related to environment assessments for planned activities. For these activities, Member States shall make relevant information available through the BBNJ Clearing-House Mechanism in a timely manner, during the process under Directive 2011/92/EU and other relevant EU law that contains provisions related to environment assessments for planned activities and ensure that the activity is monitored in a manner consistent with the requirements of that Directive and national legislation.

Article 9

Screening

1. If a planned activity may have more than a minor or transitory effect on the marine environment in areas beyond national jurisdiction, or the effects of the activity are unknown or poorly understood, the Member State with jurisdiction or control of the activity shall conduct a screening in order to determine whether the activity may cause substantial pollution of or significant and harmful changes to the marine environment and therefore shall be made subject to an assessment.

2. The screening shall be conducted within a reasonable timeframe and shall be sufficiently detailed for the Member State to assess whether it has reasonable grounds for determining that the planned activity may cause substantial pollution of or significant and harmful changes to the marine environment.

3. When conducting the screening, Member States shall consider at least the description of the planned activity, including its purpose, location, duration and intensity, the initial analysis of the potential impacts, including consideration of cumulative impacts and, as appropriate, alternatives to the planned activity.

4. For the purposes of the screening, Member States shall take into account at least the following factors:

(a) the type of planned activity, the technology used for the activity and the manner in which the activity is to be executed;

(b) the duration of the planned activity;

(c) the location of the planned activity;

(d) the characteristics and ecosystem of the location (including areas of particular ecological or biological significance or vulnerability) of the planned activity;

(e) the potential impacts of the planned activity, including the potential cumulative impacts and the potential impacts in areas within national jurisdiction;

(f) the extent to which the effects of the planned activity are unknown or poorly understood;

(g) other relevant ecological or biological factors.

5. Where, as a result of the screening, it is determined that the planned activity may cause substantial pollution of or significant and harmful changes to the marine environment, an environmental impact assessment shall be carried out in accordance with this Chapter.

6. The competent authority shall take a screening decision on the basis of the factors referred to in paragraph 4. The screening decision, including the main reasons for requiring or not requiring an assessment with reference to the relevant factors listed in paragraph 4, shall be made available to the public, including through the BBNJ Clearing-House Mechanism.

7. If, following the publication of the screening decision referred to in paragraph 6, a Party to the BBNJ Agreement or the BBNJ Scientific and Technical Body raise any concerns or recommendations within a period of 40 days after publication of the screening decision with regard to a determination that a planned activity may not cause substantial pollution of or significant and harmful changes to the marine environment, the Member State that made this determination shall take these concerns into consideration. As a result, the Member State may review its determination.

Article 10

Scoping and report

1. Where an environmental impact assessment for a planned activity is to be carried out, Member States shall ensure that an environmental impact assessment report is prepared.

2. The environmental impact assessment report shall be based on an opinion on its scope issued by a competent authority.

3. The competent authority shall issue the opinion referred to in paragraph 2 taking into account the best available science and scientific information and, where available, relevant traditional knowledge of indigenous peoples and local communities, as well as information on the key environmental and any associated impacts of the planned activity, such as economic, social, cultural and human health impacts, including potential cumulative impacts and impacts in areas within national jurisdiction, as well as reasonable alternatives to the planned activity.

4. The environmental impact assessment report referred to in paragraph 1 shall include at least the following information:

(a) a description of the planned activity, including its location;

(b) the opinion issued under paragraph 3;

(c) a baseline assessment of the marine environment likely to be affected by the planned activity;

(d) a description of potential impacts of the planned activity, including potential cumulative impacts and any impacts of the activity in areas within national jurisdiction;

(e) a description of prevention, mitigation and management measures;

(f) a description of uncertainties and gaps in knowledge;

(g) information on the public consultation process;

(h) a description of the consideration of reasonable alternatives to the planned activity;

(i) a description of follow-up actions, including an environmental management plan to be implemented during the execution and operation of the activity;

(j) a non-technical summary of the information referred to in points (a) to (i).

5. In order to ensure that completeness and quality of the environmental impact assessment reports, Member States shall ensure that the reports are prepared by competent experts and that the competent authorities have, or have access as necessary to, sufficient expertise to examine these reports.

Article 11

Consultations

1. Member States shall ensure that, within reasonable time-frames, the following information is made available to the public, including through the BBNJ Clearing-House Mechanism and the BBNJ secretariat:

(a) the environmental impact assessment report referred to in Article 10(1);

(b) the request for authorisation of the planned activity;

(c) the fact that the planned activity is subject to an environmental impact assessment;

(d) details of the competent authorities responsible for taking the decision to authorise the activity, those from which relevant information can be obtained, and those to which comments or questions can be submitted, as well as details of the time frame for submitting comments or questions;

(e) an indication of the times and places at which, and the means by which, the relevant information will be made available;

(f) details of the arrangements for public participation made under paragraph 4.

2. Parties to the BBNJ Agreement, in particular coastal parties adjacent to the planned activity and any other parties adjacent to the planned activity, and the public concerned shall be given early and effective opportunities to participate in procedures for authorising the planned activities referred to in Article 12(2) and shall, for that purpose, be entitled to express comments and opinions before a decision to authorise a planned activity is taken when all options are open to the competent authority or authorities.

3. For the purposes of paragraph 2, Member States shall determine potentially most affected parties by taking into account the nature and potential effects on the marine environment of the planned activity. Such parties shall include:

(a) coastal parties whose exercise of sovereign rights for the purpose of exploring, exploiting, conserving or managing natural resources may reasonably be believed to be affected by the planned activity;

(b) parties that carry out, in the area of the planned activity, human activities, including economic activities, that may reasonably be believed to be affected by the planned activity.

4. Member States shall set up the detailed arrangements for informing the stakeholders referred to in paragraph 2 and reasonable time-frames for consulting the stakeholders referred to in paragraph 2, that shall not be shorter than 30 days but shall not be longer than 85 days. To that extent, Member States may use existing arrangements resulting from Directive 2011/92/EU and other relevant EU law that contains provisions related to environment assessments for planned activities.

5. Member States shall ensure that the results of the consultation, including relevant comments and opinions expressed by parties and the public concerned as well as those made by the BBNJ Scientific and Technical Body, are duly taken into account and addressed in the decision-making process.

Article 12

Decision-making

1. Member States shall ensure that the competent authority or authorities make a decision to authorise a planned activity when, taking into account mitigation or management measures, have determined that all reasonable efforts have been made to ensure that the planned activity can be conducted in a manner consistent with the prevention of significant adverse impacts on the marine environment.

2. The decision to authorise a planned activity shall be based on the results of the consultations referred to in Article 11 and shall incorporate at least the following:

(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;

(b) any conditions attached to the decision, a description of any features of the planned activity and/or measures envisaged to avoid, prevent or reduce any substantial pollution of or significant and harmful changes to the marine environment as well as monitoring measures. Where appropriate, these measures may be incorporated into an environmental management plan.

3. A decision not to authorise a planned activity shall state the main reasons for the non-authorisation.

4. When a decision to authorise or not to authorise a planned activity has been taken, Member States shall promptly ensure that the decision is made available to the public, including through the BBNJ Clearing-House Mechanism and the BBNJ secretariat. To that point, Member States shall make available the comments and opinions received during the consultations referred to in Article 11 and a description of the manner in which these comments and opinions have been taken into account or otherwise addressed.

Article 13

Monitoring

1. Member States shall, by using the best available science and scientific information and, where available, the relevant traditional knowledge of indigenous peoples and local communities, monitor the impacts of authorised activities in areas beyond national jurisdiction in order to determine whether these activities are likely to pollute or have significant and harmful changes to the marine environment. In particular, each Member State shall monitor the environmental and any associated impacts, such as economic, social, cultural and human health impacts, of an authorised activity under their jurisdiction or control in accordance with the conditions attached to the decision to authorise the planned activity.

2. Where a Member State with jurisdiction or control over an authorised activity identifies significant and harmful changes to the marine environment that either were not foreseen in the environmental impact assessment, in nature or severity, or that arise from a breach of any of the conditions referred to in Article 12(2)(b) or where a party to the BBNJ Agreement or the BBNJ Scientific and Technical Body raise any concerns or recommendations, the Member State concerned shall review its decision. To that point, it shall:

(a) require that measures be proposed and implemented to prevent, mitigate and/or manage those impacts or take any other necessary action and/or halt the activity as appropriate; and

(b) evaluate, in a timely manner, any measures implemented or actions taken under point (a).

In that event, Member States shall promptly notify the BBNJ Conference of the parties, other Parties to the BBNJ Agreement and the public concerned, including through the BBNJ Clearing-House Mechanism.

3. Member States shall periodically but not less frequently than every three years publish a report on the impacts of the authorised activities and the results of the monitoring required under paragraph 1.

4. Member States shall ensure that the following is made available to the public, including through the BBNJ Clearing-House Mechanism:

(a) monitoring reports;

(b) reports on the review of the impacts of the authorized activity;

(c) where a decision authorising the activity has been changed, newly taken decisions, including information referred to in Article 12(2).

Article 14

Access to justice

Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body set up by law to challenge the substantive or procedural legality of decisions, acts or omissions under Articles 8 to 13.

Article 15

Strategic environmental assessment of plans and programmes

Member States may, individually or in cooperation with other Member States or with other Parties to the BBNJ Agreement, carry out strategic environmental assessments for plans and programmes relating to planned activities under their jurisdiction or control to be conducted in areas beyond national jurisdiction, in order to assess the potential effects of such plans or programmes on the marine environment. Where Directive 2001/42/EC provides for an obligation to carry out a strategic environmental assessment, Member States shall comply with the provisions of that Directive when carrying out such assessments.

CHAPTER 4

Measures such as area-based management tools, including marine protected areas

Article 16

Proposal for the establishment of area-based management tools

1. Member States shall, irrespective of whether they act individually or collectively, send the draft of a proposal under Article 19 of the BBNJ Agreement or of an emergency measure under Article 24(3) of that Agreement to the Commission before any submission to the BBNJ Secretariat. Upon receipt, the Commission shall inform all Member States and share the draft proposal. If other Member States have comments, they shall submit these comments to the Commission within 30 days from receipt of the draft proposal or earlier if warranted by the emergency measure. The Commission shall send the comments received on to the other Member States.

2. The Commission shall present a preliminary assessment of the draft proposal or draft emergency measures received under paragraph 1 before Member States submit any proposal or draft to the BBNJ Secretariat. The aim of the preliminary assessment is to help determining whether the proposal or the emergency measure should be submitted or not on behalf of the Union, or the Union and its Member States.

3. The Commission shall present a preliminary assessment of whether the draft proposal or draft emergency measure received under paragraph 1 should be submitted to the BBNJ Secretariat by the Commission on behalf of the Union. Pending such preliminary assessment, and if the preliminary assessment concludes that the submission should be made on behalf of the Union, Member States shall refrain from submitting the proposal or emergency measure referred to in paragraph 1 to the BBNJ Secretariat.

Article 17

Content of proposals

1. Proposals under Article 19 of the BBNJ Agreement regarding the establishment of area-based management tools, including marine protected areas, or the emergency measure under Article 24(3) of that Agreement shall be formulated on the basis of the best available science and scientific information and, where available, relevant traditional knowledge of indigenous peoples and local communities, following the precautionary approach and an ecosystem approach.

2. Stakeholders, including states and global, regional, subregional and sectoral bodies, as well as civil society, the scientific community, the private sector, indigenous peoples and local communities, shall be consulted, as appropriate, on the development of proposals referred to in this Chapter.

3. Proposals shall include the following key elements in relation to the identified area that is the subject of the proposal:

(a) a geographic or spatial description of the identified area by reference to the indicative criteria specified in Annex I to the BBNJ Agreement;

(b) information on any of the criteria specified in Annex I to the BBNJ Agreement;

(c) human activities taking place in the identified area, including uses by indigenous peoples and local communities, and their possible impact, if any;

(d) a description of the state of the marine environment and biological diversity;

(e) a description of the conservation and, where appropriate, sustainable use objectives that are to be applied to the area;

(f) a draft management plan encompassing the proposed measures and outlining proposed monitoring, research and review activities to achieve the specified objectives;

(g) the duration of the proposed area and measures, if any;

(h) information on any consultations undertaken with states, including adjacent coastal states and/or relevant global, regional, subregional and sectoral bodies, if any;

(i) information on area-based management tools, including marine protected areas, implemented under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies;

(j) relevant scientific input and, where available, traditional knowledge of indigenous peoples and local communities.

4. Member States shall strive to collaborate and share information about proposals, including elements listed in paragraph 3.

Article 18

Implementation

1. Member States shall ensure that activities under their jurisdiction or control that take place in areas beyond national jurisdiction are conducted in line with the decisions of the Conference of the Parties adopted under Part III of the BBNJ Agreement.

2. Member States shall promote, as appropriate, the adoption of measures under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies of which they are members, to support the implementation of the decisions and recommendations made by the Conference of the Parties under Part III of the BBNJ Agreement.

Article 19

Public participation

Member States shall ensure that the public is given the opportunity to participate in the preparation of proposals to establish area-based management tools, including marine protected areas, under Article 15 in accordance with the requirements of Articles 6 and 7 of Directive 2001/42/EC.

Chapter 5

Final provisions

Article 20

Competent authorities

1. By xx [the transposition deadline minus four months – OP to insert the date] Member States shall identify the competent authorities that will perform the duties under Chapters 2 to 5 of this Directive and notify these to the Commission.

2. Member States shall ensure that competent authorities performing duties under this Directive have a sufficient number of qualified staff and sufficient financial, technical and technological resources to perform their tasks effectively.

Article 21

Evaluation, reporting and review

1. By [5 years from the date of entry into force – OP to insert the date], the Commission shall submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive. Member States shall provide the Commission with the necessary information for the preparation of that report.

2. By [3 years after the deadline under para 1 – OP to insert the date], the Commission shall carry out an evaluation of the impact of this Directive [also taking into account any developments under the BBNJ Agreement] and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with the information needed to prepare that report, including a summary of implementation of this Directive and actions taken, and statistical data, with particular attention to environmental impact assessments carried out under Chapter 3. Where necessary, that report shall be accompanied by a legislative proposal.

Article 22

Transposition

1. Member States shall adopt and publish, by [6 months after entry into force – OP to insert the date] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from […].

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by this reference on the date of their official publication. Member States shall decide how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law that they adopt in the field covered by this Directive.

Article 23

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 24

Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

Done at Brussels,

LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT

TABLE OF CONTENTS

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned

1.3.Objective(s)

1.3.1.General objective(s)

1.3.2.Specific objective(s)

1.3.3.Expected result(s) and impact

1.3.4.Indicators of performance

1.4.The proposal/initiative relates to:

1.5.Grounds for the proposal/initiative

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

1.5.2.Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this section 'added value of EU involvement' is the value resulting from EU action, that is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6.Duration of the proposal/initiative and of its financial impact

1.7.Method(s) of budget implementation planned

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

2.2.Management and control system(s)

2.2.1.Justification of the budget implementation method(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio between the control costs and the value of the related funds managed), and assessment of the expected levels of risk of error (at payment & at closure)

2.3.Measures to prevent fraud and irregularities

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2.Estimated financial impact of the proposal on appropriations

3.2.1.Summary of estimated impact on operational appropriations

3.2.1.1.Appropriations from voted budget

3.2.2.Estimated output funded from operational appropriations (not to be completed for decentralised agencies)

3.2.3.Summary of estimated impact on administrative appropriations

3.2.3.1. Appropriations from voted budget

3.2.4.Estimated requirements of human resources

3.2.4.1.Financed from voted budget

3.2.5.Overview of estimated impact on digital technology-related investments

3.2.6.Compatibility with the current multiannual financial framework

3.2.7.Third-party contributions

3.3.Estimated impact on revenue

4.Digital dimensions

4.1.Requirements of digital relevance

4.2.Data

4.3.Digital solutions

4.4.Interoperability assessment

4.5.Measures to support digital implementation

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned 

1.3.Objective(s)

1.3.1.General objective(s)

1.3.2.Specific objective(s)

1.3.3.Expected result(s) and impact

1.3.4.Indicators of performance

Specify the indicators for monitoring progress and achievements.

1.4.The proposal/initiative relates to: 

 a new action 

 a new action following a pilot project / preparatory action 22  

 the extension of an existing action 

 a merger or redirection of one or more actions towards another/a new action

1.5.Grounds for the proposal/initiative 

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

1.5.2.Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this section 'added value of EU involvement' is the value resulting from EU action, that is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6.Duration of the proposal/initiative and of its financial impact

 limited duration

–    in effect from [DD/MM]YYYY to [DD/MM]YYYY

–    financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations.

 unlimited duration

–Implementation with a start-up period from 2025

–followed by full-scale operation.

1.7.Method(s) of budget implementation planned 23  

 Direct management by the Commission

– by its departments, including by its staff in the Union delegations;

–    by the executive agencies

 Shared management with the Member States

 Indirect management by entrusting budget implementation tasks to:

– third countries or the bodies they have designated

– international organisations and their agencies (to be specified)

– the European Investment Bank and the European Investment Fund

– bodies referred to in Articles 70 and 71 of the Financial Regulation

– public law bodies

– bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees

– bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees

– bodies or persons entrusted with the implementation of specific actions in the common foreign and security policy pursuant to Title V of the Treaty on European Union, and identified in the relevant basic act

–bodies established in a Member State, governed by the private law of a Member State or Union law and eligible to be entrusted, in accordance with sector-specific rules, with the implementation of Union funds or budgetary guarantees, to the extent that such bodies are controlled by public law bodies or by bodies governed by private law with a public service mission, and are provided with adequate financial guarantees in the form of joint and several liability by the controlling bodies or equivalent financial guarantees and which may be, for each action, limited to the maximum amount of the Union support.

2.MANAGEMENT MEASURES 

2.1.Monitoring and reporting rules 

Specify frequency and conditions.

2.2.Management and control system(s) 

2.2.1.Justification of the budget implementation method(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio between the control costs and the value of the related funds managed), and assessment of the expected levels of risk of error (at payment & at closure) 

2.3.Measures to prevent fraud and irregularities 

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 

·Existing budget lines

In order of multiannual financial framework headings and budget lines.

·New budget lines requested

In order of multiannual financial framework headings and budget lines.

3.2.Estimated financial impact of the proposal on appropriations 

3.2.1.Summary of estimated impact on operational appropriations 

–The proposal/initiative does not require the use of operational appropriations

–    The proposal/initiative requires the use of operational appropriations, as explained below

3.2.1.1.Appropriations from voted budget

EUR million (to three decimal places)

================================================================================================

Mandatory table

====================================================================================================

EUR million (to three decimal places)

=================================================================================================

3.2.2.Estimated output funded from operational appropriations (not to be completed for decentralised agencies)

Commitment appropriations in EUR million (to three decimal places)

3.2.3.Summary of estimated impact on administrative appropriations 

–    The proposal/initiative does not require the use of appropriations of an administrative nature

–    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below

3.2.3.1. Appropriations from voted budget

===================================================================

3.2.4.Estimated requirements of human resources 

–    The proposal/initiative does not require the use of human resources

–    The proposal/initiative requires the use of human resources, as explained below

3.2.4.1.Financed from voted budget

Estimate to be expressed in full-time equivalent units (FTEs) 31

===================================================================

Considering the overall strained situation in Heading 7, in terms of both staffing and the level of appropriations, the human resources required will be met by staff from the DG who are already assigned to the management of the action and/or have been redeployed within the DG or other Commission services.

The staff required to implement the proposal (in FTEs):

Description of tasks to be carried out by:

3.2.5.Overview of estimated impact on digital technology-related investments

Compulsory: the best estimate of the digital technology-related investments entailed by the proposal/initiative should be included in the table below.

Exceptionally, when required for the implementation of the proposal/initiative, the appropriations under Heading 7 should be presented in the designated line.

The appropriations under Headings 1-6 should be reflected as “Policy IT expenditure on operational programmes”. This expenditure refers to the operational budget to be used to re-use/ buy/ develop IT platforms/ tools directly linked to the implementation of the initiative and their associated investments (e.g. licences, studies, data storage etc). The information provided in this table should be consistent with details presented under Section 4 “Digital dimensions”.

3.2.6.Compatibility with the current multiannual financial framework 

The proposal/initiative:

–    can be fully financed through redeployment within the relevant heading of the multiannual financial framework (MFF)

–    requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation

–    requires a revision of the MFF

3.2.7.Third-party contributions 

The proposal/initiative:

–    does not provide for co-financing by third parties

–    provides for the co-financing by third parties estimated below:

Appropriations in EUR million (to three decimal places)

3.3.    Estimated impact on revenue 

–    The proposal/initiative has no financial impact on revenue.

–    The proposal/initiative has the following financial impact:

–    on own resources

–    on other revenue

–    please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

4.Digital dimensions

4.1.Requirements of digital relevance

4.2.Data

Alignment with the European Data Strategy

Explain how the requirement(s) are aligned with the European Data Strategy

Alignment with the once-only principle

Explain how the once-only principle has been considered how the possibility to reuse existing data explored

Explain how newly created data is findable, accessible, interoperable and reusable, and meets high-quality standards

Data flows

4.3.Digital solutions

For each digital solution, please provide the reference to the requirement(s) of digital relevance concerning it, a description of the digital solution's mandated functionality, the body that will be responsible for it, and other relevant aspects such as reusability and accessibility. Finally, explain whether the digital solution intends to make use of AI technologies.

For each digital solution, explain how the digital solution complies with the requirements and obligations of the EU cybersecurity framework, and other applicable digital policies and legislative enactments (such as eIDAS, Single Digital Gateway, etc.).

Digital solution #2

4.4.Interoperability assessment

Describe the digital public service(s) affected by the requirements

Assess the impact of the requirement(s) on cross-border interoperability

Monitoring of research projects in the domain of marine biology and dissemination of related information

4.5.Measures to support digital implementation

(1)

    Decision - EU - 2024/1830 - EN - EUR-Lex  

(2)    United Nations Convention on the Law of the Sea, adopted 10 December 1982, entered into force 16 November 1994, 1833 UNTS 396: https://treaties.un.org/pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XXI-6&chapter=21&Temp=mtdsg3&clang=_en  

(3)     OJ L 309, 13.12.1993, p. 3 .

(4)    United Nations Framework Convention on Climate Change (UNFCCC) (the ‘Paris Agreement’), entered into force on 4 November 2016.

(5)    The Paris Agreement, adopted on 12 December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) (the ‘Paris Agreement’), entered into force on 4 November 2016.

(6)     Text of the Convention | UNECE

(7)     Text of the Convention | UNECE

(8)     https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401833  

(9)     Directive - 2011/92 - EN - EIA - EUR-Lex

(10)    OJ C , , p. .

(11)    OJ C , , p. .

(12)    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, adopted on 19 June 2023: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXI-10&chapter=21&clang=_en  

(13)    Council Decision (EU) 2024/1830 of 17 June 2024 on the conclusion, on behalf of the European Union, 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, OJ L 2024/1830, 19.7.2024

(14)    Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity,  OJ L 309, 13.12.1993, p. 1

(15)    Council Decision 2014/283/EU of 14 April 2014 on the conclusion, on behalf of the Union, of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity

(16)    Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (recast), OJ L 172, 26.6.2019, p. 56–83

(17)    OJ L 26, 28.1.2012, p. 1–21

(18)    Such as Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652, Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020, Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724

(19)    OJ L 197, 21.7.2001, p. 30–37

(20)    OJ L 369, 17.12.2011, p. 14

(21)    Judgment of the Court of Justice of 8 July 2019, Commission v Belgium, C-543/17, ECLI:EU:C:2019:573

(22)    As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.

(23)    Details of budget implementation methods and references to the Financial Regulation may be found on the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-implementation/Pages/implementation-methods.aspx .

(24)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.

(25)    EFTA: European Free Trade Association.

(26)    Candidate countries and, where applicable, potential candidates from the Western Balkans.

(27)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(28)    The necessary appropriations should be determined using the annual average cost figures available on the appropriate BUDGpedia webpage.

(29)    Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.).

(30)    As described in Section 1.3.2. ‘Specific objective(s)’

(31)    Please specify below the table how many FTEs within the number indicated are already assigned to the management of the action and/or can be redeployed within your DG and what are your net needs.

(32)    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20% for collection costs.