Preparing for the First Meeting of the Conference of the Parties for Ocean Biodiversity

The UN General Assembly established the Preparatory Commission (PrepCom) to prepare for the entry into force of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) and the convening of the first meeting of the Conference of the Parties (COP-1), which is planned for January 11-22^nd, 2027.

Three sessions of the PrepCom were held between 2025 and 2026 at the UN headquarters in New York, with the third session coming to an end after intense two-week negotiations between March 26 – April 2^nd 2026 (PrepCom 3).

Passing on unbracketed text to the Conference of the Parties

Given the BBNJ Agreement’s swift entry into force in January 2026, the aim of PrepCom 3 was to prepare a final report that would include recommendations to be presented at COP-1 for consideration and adoption by the Parties. The recommendations include the PrepCom’s agreement on various documents that operationalize the BBNJ Agreement. Among the themes that were agreed with full convergence among delegations include:

• the modalities for the selection of the seat of the Secretariat;
• the relationship between the Secretariat and the UN;
• the Voluntary Trust Fund;
• the operationalisation of the Special Fund;
• Memorandum of Understanding with the Global Environmental Facility (GEF);
• the Clearing-House Mechanism;
• cooperation with relevant instruments, frameworks, and bodies (IFBs); and
• reporting requirements.

Regarding items 1 and 2 above, although modalities for the selection of the seat of the Secretariat were agreed, the draft decision regarding the relationship between the Secretariat and the UN reflects two options for consideration at COP-1. The first option is for the Secretariat to be institutionally linked to the UN while not being fully integrated into any particular work programme. The second option is for the Secretariat to enter into a relationship agreement with the UN.

Nothing is agreed until everything is agreed…?

While substantial progress was achieved on several documents, some issues remain in brackets and will require further negotiation at the upcoming COP-1 before final adoption. Among those topics will be discussions on financial rules and regulations, rules of procedure for the COP, as well as the terms of reference for the subsidiary bodies.

Rules of procedure for the COP

Further discussion on the rules of procedure (RoP) for the COP concerns matters regarding observer participation, including an objection procedure under Rule 6, and potential categorisation of observers (e.g., non-Parties, IGOs, NGOs, Indigenous Peoples and local communities), the operationalisation of Article 18 of the BBNJ Agreement (Rule 39bis) regarding the area of application in the establishment of area-based management tools (ABMTs), quorum (attendance of Parties required to open a COP meeting), voting thresholds (for substantive and procedural matters), method for voting (secret ballot), and the voting threshold required to amend the RoP.

Terms of Reference and Modalities for Subsidiary Bodies

While ongoing discussions on the composition and selection of subsidiary bodies will be required, other issues were agreed, including number of members, observers, and confidentiality considerations.

Financial Rules and Regulations

Discussions on financial rules and regulations included the scope and the financial period, responsible entities to prepare the budget proposals, funds, contributions, auditing and accounts and administrative costs. Elements of the financial rules and regulations will require further negotiation at COP-1, as they are largely dependent on the Secretariat model that is chosen (either the first or second options) and the responsibilities of the Finance Committee.

ANCORS at PrepCom 3

A group of ANCORS staff and alumni was once again well-represented at PrepCom 3, with representatives on state, IGO and NGO delegations of China, Maldives, IOC-UNESCO, DOSI, and the Fridtjof Nansen Institute.

Looking ahead

The PrepCom was an important preparatory step towards implementation of the BBNJ Agreement, as it develops processes for the operationalisation and functioning of the BBNJ Secretariat, the COP and its subsidiary bodies, as well as developments of the BBNJ Clearing-House Mechanism. In the coming months, intersessional meetings among States and other stakeholders will continue in the preparations towards COP-1 to be held at the UN headquarters in New York from January 11-22, 2027. It will mark an important step forward in international biodiversity governance with already 88 States who have ratified the BBNJ Agreement to date and others who have announced their likely ratification prior to COP-1.

For those interested in the BBNJ Agreement and its operationalisation through science, knowledge and data – a new IOC-UNESCO BBNJ e-learning course has been launched during PrepCom 3: Using science, knowledge and tools to operationalise the BBNJ Agreement.

The self-paced course introduces the BBNJ Agreement and focuses on the role that ocean science and knowledge play for its implementation, including implications for the global community and opportunities for science, services and management in and about ABNJ. The course aims to support individuals and institutions of diverse groups in understanding the scientific realities of the ocean and data sharing opportunities. The course is free of charge and open to everyone interested in the science and knowledge in support of the BBNJ Agreement, and it was designed primarily to support the ocean science community, including researchers, practitioners, technical staff, decision-makers, students, and other groups of society. 

References

Draft texts prepared by the Co-Chairs which served as basis for negotiation:

• Revised agenda of the Preparatory Commission (A/AC.296/2025/1/Rev.1)
• Programme of work of the Preparatory Commission (A/AC.296/2025/2)
• Rules of procedure for the Conference of the Parties to 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: Further revised aid to discussions and negotiations prepared by the Co-Chairs (A/AC.296/2026/1)
• Financial rules governing the funding of the Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction and the funding of the secretariat and any subsidiary bodies: Further revised aid to discussions and negotiations prepared by the Co-Chairs (A/AC.296/2026/2)
• Terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies, including the selection process for their members: Aid to discussions and negotiations prepared by the Co-Chairs (A/AC.296/2026/3)
• Arrangements to enhance cooperation with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies: Draft decision of the Conference of the Parties prepared by the Co-Chairs (A/AC.296/2026/4)
• Operationalisation of other provisions on financial resources and mechanism under 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: Aid to discussions and negotiations prepared by the Co-Chairs concerning the establishment of the voluntary trust fund as part of the financial mechanism (A/AC.296/2026/5)
• Operationalisation of other provisions on financial resources and mechanism under 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: Note by the Co-Chairs concerning a draft decision of the Conference of the Parties for the purpose of operationalising the special fund (A/AC.296/2026/6)
• Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding 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: Further revised aid to discussions and negotiations prepared by the Co-Chairs (A/AC.296/2026/7)
• Arrangements for the functioning of the secretariat, including its seat: Note by the Secretariat (A/AC.296/2026/8)

Other documents

• Host country offers for the secretariat to be established under article 50 of the Agreement:
  • Belgium (courtesy French version and courtesy translation into Spanish provided by Belgium are available on the French and Spanish pages of this webpage)
  • Chile
  • China (courtesy translations provided by China into the official languages of the United Nations are available on the respective language pages of this webpage)
• Updated proposed organisation of work
• Consolidated draft study on the technical aspects of the operationalization of the Clearing-House Mechanism under 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 (Advance, unedited version; Appendix A) (presentation on the consolidated draft study delivered on 23 March 2026)
• Information for participants (A/AC.296/2026/INF/1)

Read on:

ENB Reports on the 3rd PrepCom with daily highlights: https://enb.iisd.org/marine-biodiversity-beyond-national-jurisdiction-bbnj-cop-prepcom3