REPORT on the 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[...]

Text proposed by the Commission

Amendment

(3a) In implementing this Directive, Member States should take due account of principles and approaches of Article 7 of the BBNJ Agreement.

Text proposed by the Commission

Amendment

(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 2023Bringing 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 2030Bringing nature back into our lives', sets out multiple objectives, including the aim of restoring the good environmental status of marine ecosystemsand of facilitating the conclusion of an ambitious legally binding agreement on marine biological diversity of areas beyond national jurisdiction.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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 EUR40 million contribution to the Global Ocean Programme.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(7g) Regulation (EU) No 1026/2012 of the European Parliament and of the Council 1aestablishes 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.

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1a Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (OJ L 316, 14.11.2012, p. 34).

Text proposed by the Commission

Amendment

(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 objectivesof 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.

Text proposed by the Commission

Amendment

(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 EUlegislation. Pending transposition, Member States should not underminethe effectiveness of the measures adopted. It is necessary to lay down the procedures neededto ensure coordination amongthe Member States and the Commission prior to the submission of any proposal to establisharea-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 Unionlegislation. Pending transposition, the effectiveness of the adoptedmeasures should not be undermined. In orderto ensure coordination at Union level, procedures should be put in place for cooperation betweenthe Member States and the Commission prior to the submission of any proposal to the BBNJ Secretariat for the establishment ofarea-based management tools or a proposal for an emergency measure.

Text proposed by the Commission

Amendment

(15) Under this Directive, for anyproposal to establish area-based management tools or anyproposal 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 proposalto 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 theproposal to establish area-based management tools or theproposal for an emergency measure under Articles 19 and 24(3) of the BBNJ Agreement to be submittedto 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.

Text proposed by the Commission

Amendment

(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 areas beyond national jurisdiction, Member States should be able to submit proposals for an emergency measure directly to the Secretariat.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(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, therights of public participation in decision-making, and access to justicein 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 justicein environmental matters should be exercised following the same principles as those established under the Aarhus Convention.

Text proposed by the Commission

Amendment

(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 significanteffects onthe 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 Council8, other relevant EUlaw that contains provisions related to environment assessments for planned activities9and national laws transposing EUlegislation. In accordance with Article 28(2) of the BBNJ Agreement, in the EUsuch activities conducted in areas within national jurisdiction should be assessed under established EUrules. 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 significantand harmful changes tothe marine environment in areas beyond national jurisdiction should be subject to an assessment in accordance with existing Union law, such asDirective 2011/92/EU of the European Parliament and of the Council8, other relevant Unionlaw that contains provisions related to environment assessments for planned activities9and national laws transposing Unionlegislation. In accordance with Article 28(2) of the BBNJ Agreement, in the Unionsuch activities conducted in areas within national jurisdiction should be assessed under established Unionrules. In those cases, Member States should ensure that they meet the obligations under the BBNJ Agreement.

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8OJ L 26, 28.1.2012, p. 1-21

8OJ L 26, 28.1.2012, p. 1-21

9Such 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

9Such 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

Text proposed by the Commission

Amendment

(19) Sinceother 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 underthe 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) Whereother 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 thatthe 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.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(20) Any plans or programmes prepared or adopted by national, regional or local authorities of Member States which are likely to havesignificant effects onthe 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 Council10and 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 orsignificant and harmful changes tothe 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 Council10and national laws transposing that Directive.

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10OJ L 197, 21.7.2001, p. 30-37

10OJ L 197, 21.7.2001, p. 30-37

Text proposed by the Commission

Amendment

(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/EC1a 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.

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1a Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p.30)

Text proposed by the Commission

Amendment

(21) When determining the likelihood of significant effects ofplanned 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 orsignificant and harmful changes to the marine environment byplanned activities, Member States should take into account how notable or important theseeffects can be. They should also take account of criteria set out in Directive 2011/92/EU in making this determination.

Text proposed by the Commission

Amendment

This Directive sets out rules applicable to marine genetic resources and digital sequence information, environmental assessments of planned activities under the jurisdiction or control of Member States as well as the establishment and implementation of area-based management tools and emergency measures, in areas beyond national jurisdiction.

Text proposed by the Commission

Amendment

(i) 'planned activity' means an activity involvingthe 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 includesthe execution of construction works, installations, schemes or other interventions, including regular activities aimed at utilising natural resources;

Text proposed by the Commission

Amendment

(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;

Text proposed by the Commission

Amendment

(n) 'public' means the public concerned as well as indigenous peoplesand 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 Peoplesand local communities with relevant traditional knowledge and relevant global, regional, subregional and sectoral bodies and the scientific community;

Text proposed by the Commission

Amendment

(s) 'minor or transitory effects' mean effects that do not havesignificant harmful impact onthe marine environment.

(s) 'minor or transitory effects' mean effects that do not cause substantial pollution or makesignificant andharmful changes tothe marine environment.

Text proposed by the Commission

Amendment

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

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Text proposed by the Commission

Amendment

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

(a) fishing regulated under applicable international and Union law, such as the common fisheries policyand fishing-related activities; and

Text proposed by the Commission

Amendment

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.

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. Where relevant, they shall use existing Union data collection and reporting systems for BBNJ notifications and deposits.

Text proposed by the Commission

Amendment

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.

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. At the request of a Member State, the Commission shall provide technical assistance in that regard.

Text proposed by the Commission

Amendment

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 relevantlegal 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 ensurethat the environmental impact assessment report is published through the BBNJ Clearing-House Mechanism andthat the activity is monitored.

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 thoseactivities for which an environmental impact assessment has been carried out in accordance with the requirements of other internationallegal instruments or frameworks, Union lawor by relevant global, regional, subregional or sectoral bodies, Member States concernedshall ensure:

(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 outis monitored.

Text proposed by the Commission

Amendment

7. For planned activities under Member States' jurisdiction or control that take place in areas within national jurisdiction and are likely to havesignificant effects onthe 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.

7. For planned activities under Member States' jurisdiction or control that take place in areas within national jurisdiction and are likely to cause substantial pollution orsignificant and harmful changes tothe 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, including any relevant monitoring reports,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.

Text proposed by the Commission

Amendment

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.

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, taking into account the precautionary principle, where there is scientific uncertaintyand therefore shall be made subject to an assessment, unless the conditions laid down in Article 8 (6) are met.

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

5. In order to ensure thatcompleteness 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 expertiseto examine these reports.

5. In order to ensure thecompleteness and quality of the environmental impact assessment reports, Member States shall ensure that the reports are prepared by competent and independentexperts and shall require from these experts to disclose any conflict of interest in relation to their role and responsibilities. Member States shall ensurethat the competent authorities have sufficient expertise, or have access as necessary to it,to examine these reports.

Text proposed by the Commission

Amendment

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 onthe marine environment.

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 substantial pollution orsignificant and harmful changes tothe marine environment.

Text proposed by the Commission

Amendment

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

(a) a conclusion of the competent authority on the likely substantial pollution orsignificant and harmful changes tothe marine environment by the planned activityand the main reasons for the authorisation;

Text proposed by the Commission

Amendment

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.

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 to the public any conditions set out in the authorisation of the planned activity, including conditions related to mitigating and compensatory measures and follow-up requirements, andthe 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.

Text proposed by the Commission

Amendment

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:

Where a Member State with jurisdiction or control over an authorised activity identifies substantial pollution orsignificant 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:

Text proposed by the Commission

Amendment

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.

1. In line with the objective of contributing to the implementation of the Aarhus Convention,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 13and 16 to 19, where at least one of the following conditions is met:

(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.

Text proposed by the Commission

Amendment

1a. Member States shall determine what constitutes a sufficient interest and impairment of a right consistently with the objective of giving the public concerned wide access to justice. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting the requirements under national law shall be deemed sufficient for the purpose of paragraph 1, point (a). Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1, point (b).

Text proposed by the Commission

Amendment

1b. Legal standing under the review procedure shall not be conditional on the role that the member of the public concerned had during a participatory phase of the decision-making procedures under this Directive.

Text proposed by the Commission

Amendment

1c. Member States shall determine at what stage the decisions, acts or omissions, referred to in paragraph 1, may be challenged.

Text proposed by the Commission

Amendment

1d. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms, including injunctive relief, where appropriate.

Text proposed by the Commission

Amendment

1e. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures referred to in this Article.

Text proposed by the Commission

Amendment

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.

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.

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.

Text proposed by the Commission

Amendment

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 otherMember States havecomments, they shall submit these commentsto 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.

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 without delay.Member States may submitcomments on the draft proposal or emergency measuresto 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.

Text proposed by the Commission

Amendment

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.

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Text proposed by the Commission

Amendment

3. The Commission shall present a preliminaryassessment of whether the draft proposal or draft emergency measure received under paragraph 1should be submitted to the BBNJ Secretariat by the Commission on behalf of the Union. Pending such preliminary assessment, and if the preliminaryassessment concludes that the submission shouldbe 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.

3. The Commission shall examine the draft proposal or draft emergency measure and comments received under paragraph 1 and presentwithin 30 days of the deadline on Member States to comment a legalassessment of whether or notthe draft proposal or draft emergency measure received under thatparagraph should be submitted to the BBNJ Secretariat by the Commission on behalf of the Union. The legalassessment shallbe made available to all theMember States.

Text proposed by the Commission

Amendment

3a. Where the Commission concludes in its legal assessment that a draft proposal or draft emergency measure should be submitted on behalf of the Union or the Union and its Member States, the Commission shall proceed with the submission to the BBNJ Secretariat, where relevant, together with the Member States.

Text proposed by the Commission

Amendment

3b. Where the Commission concludes in its legal assessment that a draft proposal or draft emergency measure should not be submitted on behalf of the Union, the Member State or group of Member States that sent the draft may proceed with the submission to the BBNJ Secretariat on their own behalf.

Text proposed by the Commission

Amendment

3c. Without prejudice to paragraphs 1 to 3b of this Article, a Member State or a group of Member States may submit a proposal for an emergency measure under Article 24(3) of the BBNJ Agreement directly to the BBNJ Secretariat. The Member State or group of Member States concerned shall inform the Commission and the other Member States and make the submitted proposal available to them without delay.

Text proposed by the Commission

Amendment

3d. Member States and the Commission shall endeavour to cooperate closely and consult each other regularly, in good faith, in the establishment, assessment and prior to the submission to the BBNJ Secretariat of any proposal for area-based management tools and emergency measures.

Text proposed by the Commission

Amendment

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, onthe development of proposals referred to in this Chapter.

2. Member States shall consult, as appropriate, with relevantstakeholders, 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, forthe development of proposals referred to in this Chapter.

Text proposed by the Commission

Amendment

4a. Member States shall make information relating to the establishment of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

Text proposed by the Commission

Amendment

1a. Member States may adopt more stringent measures with respect to their nationals and vessels or with regard to activities under their jurisdiction or control in addition to those adopted under Part III of the BBNJ Agreement, in accordance with international law and in support of the objectives of the Agreement.

Text proposed by the Commission

Amendment

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

2. Member States and the Commissionshall promote, as appropriate the adoption of measures, and collaborate with consideration for competences,under relevant legal instruments,frameworks and relevant global, regional, subregional and sectoral bodies to support and facilitatethe implementation of the decisions and recommendations adoptedby the Conference of the Parties under Part III of the BBNJ Agreement.

Text proposed by the Commission

Amendment

2a. Member States shall make information relating to the implementation of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

Text proposed by the Commission

Amendment

2b. Member States shall encourage those third countries that are entitled to become parties to the BBNJ Agreement, in particular those whose activities, vessels or nationals operate in an area that is the subject of an established area- based management tool, including a marine protected area, to adopt measures supporting the decisions and recommendations of the Conference of the Parties on area-based management tools, including marine protected areas, established under the BBNJ Agreement.

Text proposed by the Commission

Amendment

2c. The Commission, based on the information from the Member States, shall submit biannual reports to the European Parliament on the implementation measures adopted under this Directive and on global developments regarding the implementation of the BBNJ Agreement, including information on compliance, enforcement and scientific monitoring.

1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register

High Seas Alliance

2. Representatives of public authorities of third countries, including their diplomatic missions and embassies

Text proposed by the Commission

Amendment

(3a) It should be noted that Member States shall retain full sovereignty in determining the activities under their jurisdiction or control. This Directive shall not be interpreted as limiting their ability to define, in accordance with their domestic legal system and international law, the activities falling within its scope.

Text proposed by the Commission

Amendment

(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.

(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, including by increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and development with low greenhouse gas emissions, in a manner that does not threaten food production,and on the basis of the best available scientific knowledge, in the context of the long-term temperature goal of the Paris Agreement.

Text proposed by the Commission

Amendment

(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 'EUBiodiversity Strategy for 2023 Bringingnature 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 regarding marine ecosystems, notably with the aim of concluding an ambitious legally binding agreement on marine biological diversity of areas beyond national jurisdiction (BBNJ).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 (CBD)on 7-19 December 2022, and together withthe 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. Parties to the CBD, in accordance with the 2030 mission towards achieving the 2050 strategic vision, are to take urgent action to halt and reversebiodiversity loss to putnature on a path to recovery for the benefit of people and the planet by conserving and sustainably using biodiversity and by ensuring the fair and equitable sharing of benefits from the use of genetic resources, while providing the necessary means of implementation of the CBD.

Text proposed by the Commission

Amendment

(7a) 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 support the implementation of the BBNJ agreement in developing countries through the EUR40 million contribution to the Global Ocean Programme.

Text proposed by the Commission

Amendment

(7b) 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.

Text proposed by the Commission

Amendment

(7c) Under the BBNJ Agreement, Parties shall cooperate, including through strengthening and enhancing cooperation with and promoting cooperation among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies in the achievement of the objectives of the BBNJ Agreement. The Commission and 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) 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.

Text proposed by the Commission

Amendment

(7d) According to its Article 5, the BBNJ Agreement is to be interpreted and applied in a manner that does not undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, and that promotes coherence and coordination with those instruments, frameworks and bodies. In that context, RFMOs remain the competent international bodies for the conservation and management of fisheries resources in areas beyond national jurisdiction. The application of this Directive should fully respect their competences as well as the obligations of the Union and its Member States under existing Union law and international agreements on the high seas. At the same time, the Union and its Member States should act within RFMOs to ensure that the decisions adopted by these organisations are guided by the best available science and promote consistency between fisheries management decisions and the objectives of the BBNJ Agreement.

Text proposed by the Commission

Amendment

(7e) The Union and its Member States are committed to following the general principles and approaches set out in Article 7 of the BBNJ Agreement.

Text proposed by the Commission

Amendment

(7f) Regulation (EU) No 1026/2012 of the European Parliament and of the Council 1aestablishes 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

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1a Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing, OJ L 316, 14.11.2012, pp. 34-37.

Text proposed by the Commission

Amendment

(8a) This directive is limited to the strict transposition of the Union's international obligations under the BBNJ Agreement.

Text proposed by the Commission

Amendment

(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.

(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, ensuring food security and supporting the development of the marine economy,taking into consideration the interests and needs of developing States.

Text proposed by the Commission

Amendment

(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 underminethe effectiveness of the measures adopted. It is necessaryto lay down the procedures needed to ensure coordination among the Member States and the Commissionprior to the submission of any proposal to establish area-based management tools or a proposalfor an emergency measure to the BBNJSecretariat.

(14) The BBNJ Agreement allows the establishment of area-based management tools, including marine protected, areas in areas beyond national jurisdiction. The target 3 of the Kunming Montreal Global Biodiversity Framework mentions protected areas and other effective area-based conservation measures (OECMs). Although not referred to in the BBNJ Agreement, OECMs may be considered as part of the area-based management tools.Measures adopted by the Conference of the Parties under the BBNJ Agreement should be implemented and, where relevant, transposed into EU legislation. Pending transposition, the effectiveness of the adoptedmeasures should not be undermined. It is importantto lay down the procedures needed to ensure coordination among the Member States and the Union actionsprior to the submission of any proposal to establish area-based management tools to the BBNJ Secretariat. An emergency measure, as it requires rapid response to prevent damage on biodiversity, ecosystems or fisheries, can be adopted intersessionally. Member states should therefore have the possibility to submit proposalsfor an emergency measure directlyto the Secretariat. Where applicable and in line with the BBNJ Agreement, cooperation and coordination with RFMOs in the use of area-based management tools and conservation measures should be strengthened.

Text proposed by the Commission

Amendment

(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 legalassessment. This assessment should include an assessment of the needfor the Union to make such a proposal 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 assessment in order to provide support to Member States and ensure coordination. This assessment should include an assessment of the relevancefor the Union to make such a proposal to the BBNJ Secretariat.

Text proposed by the Commission

Amendment

(16a) In order to ensure the effective implementation of this Agreement, the decision-making processes and the Clearing-House Mechanism should function effectively, be based on the best available science and scientific information, and operate efficiently with adequate consideration and dialogue with the relevant stakeholders;

Text proposed by the Commission

Amendment

(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 guaranteeingthe 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 aims to guaranteethe rights of access to information,public participation in decision-making and access to justicein 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.

Text proposed by the Commission

Amendment

(19) Sinceother 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 underthe 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) Whereother applicable legal instruments or legalframeworks or global, regional, subregional or sectoral bodies, such as the International Maritime Organisation (IMO), Regional Fisheries Management Organisations (RFMOs) or the common fisheries policy (CFP),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 that the Member States with jurisdiction or control over the planned activity determine thatthe 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.

Text proposed by the Commission

Amendment

(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.

(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. It should be considered that fishing activities regulated by RFMOs or the CFP may have already been subject to a screening process and that conducting a new screening may not be necessary, provided that the Member States determine that conditions under Article 8(6) of the BBNJ agreement are met.

Text proposed by the Commission

Amendment

1a. This Directive applies to areas beyond national jurisdiction. It sets out rules applicable to marine genetic resources and digital sequence information, environmental assessments of planned activities under the jurisdiction or control of Member States, as well as rules on the establishment and implementation of area-based management tools and emergency measures. It applies together with the Union rules and policies in the area of the common fisheries policy (CFP).

Text proposed by the Commission

Amendment

(i) 'planned activity' means anactivity involving the execution of construction works, installations, schemes or other interventions in the marine environment, includingregular activities aimed at utilising natural resources;

(i) 'planned activity' means anyactivity involving an intervention in the marine environment, that inter alia includesthe execution of construction works, installations, schemes andregular activities aimed at utilising natural resources;

Text proposed by the Commission

Amendment

(j) 'activities under jurisdiction or control' means activities carried out by bothpublic 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 natural and legal persons, includingpublic and private entities, on which the Member State can, in accordance with international law, exercise its competence or authority;

Text proposed by the Commission

Amendment

(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;

Text proposed by the Commission

Amendment

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

1. This Directive applies to planned activities under Member States' jurisdiction or control that take place in areas beyond national jurisdiction, without prejudice to Member States' competences.

Text proposed by the Commission

Amendment

1b. The Directive shall not, under any circumstances, interfere with the processes by which Member States seek the extension of their continental shelf before the United Nations Commission on the Limits of the Continental Shelf,

Text proposed by the Commission

Amendment

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

(a) fishing regulated under applicable international law and the common fisheries policy, andfishing-related activities; and

Text proposed by the Commission

Amendment

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 ensurethat 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.

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, such as RFMOs, provided thatMember States determinethat 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.

Text proposed by the Commission

Amendment

7. For planned activities under Member States' jurisdiction or control that take place in areas within national jurisdiction and are likely to havesignificant effects onthe 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.

7. For planned activities under Member States' jurisdiction or control that take place in areas within national jurisdiction and are likely to cause substantial pollution of orsignificant and harmful changes tothe 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, including any relevant monitoring reports,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.

Text proposed by the Commission

Amendment

3. When conducting the screening, Member States shall considerat 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.

3. When conducting the screening, Member States shall at least considerthe 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.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

2. The environmental impact assessment report shall be based on anopinion on its scopeissued by a competent authority.

2. The environmental impact assessment report shall be based on a scopingopinion issued by a competent authority.

Text proposed by the Commission

Amendment

(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;

(d) a description of potential impacts of the planned activity, including key environmental and any associated impacts, such as economic, social, cultural and human health impacts in line with article 31.1 of the BBNJ agreement, including potential cumulative impacts and any impacts of the activity in areas within national jurisdiction;

Text proposed by the Commission

Amendment

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.

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), including in the environmental impact assessment process,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.

Text proposed by the Commission

Amendment

(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.

(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. In the case of fisheries activities, the relevant RFMOs shall be consulted.

Text proposed by the Commission

Amendment

(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.

(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. The decision shall take into account the associated impacts, such as economic, social, cultural and human health impacts, including socioeconomic impacts on sectors and communities.

Text proposed by the Commission

Amendment

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.

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 to the public any conditions of approval, including conditions related to mitigation measures and follow-up requirements, andthe 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.

Text proposed by the Commission

Amendment

1a. The Commission may, in collaboration with Member States, participate in the monitoring referred to in paragraph 1 with its agencies, in particular the European Maritime Safety Agency (EMSA), the European Fisheries Control Agency (EFCA) and the European Space Agency (ESA). In the case of fisheries activities, Member States may use data collected from fishing activities in the context of RMFOs.

Text proposed by the Commission

Amendment

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.

Member States shall ensure that, in line with the implementation of the Aarhus Convention, 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 and 16 to 19.

Text proposed by the Commission

Amendment

The review procedures referred to in paragraph 1 shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary.

Text proposed by the Commission

Amendment

Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.

Text proposed by the Commission

Amendment

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 thatAgreement 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.

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 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, upon receipt. Member States may submit proposals for emergency measures under Article 24(3) of the Agreement directly to the BBNJ Secretariat.

Text proposed by the Commission

Amendment

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.

Deleted

Text proposed by the Commission

Amendment

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.

3. Within 30 days of the deadline on Member States to comment as laid down in paragraph 1,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.

Text proposed by the Commission

Amendment

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, followingthe precautionary approach and an ecosystem approach.

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, taking into accountthe precautionary approach and an ecosystem approach.

Text proposed by the Commission

Amendment

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, onthe development of proposals referred to in this Chapter.

2. Member States shall collaborate and consult, as appropriate, withstakeholders, including states and global, regional, subregional and sectoral bodies, inter aliaRMFOs, as well as civil society, the scientific community, the private sector, indigenous peoples and local communities, forthe development of proposals referred to in this Chapter.

Text proposed by the Commission

Amendment

4a. Member States shall make information relating to the establishment of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

Text proposed by the Commission

Amendment

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

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

Text proposed by the Commission

Amendment

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 madeby the Conference of the Parties under Part III of the BBNJ Agreement.

2. Member States and the Commission, where applicable,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 adoptedby the Conference of the Parties under Part III of the BBNJ Agreement. They may participate in coordination between these bodies or between protected areas where they are interconnected.

Text proposed by the Commission

Amendment

2a. Member States shall encourage those third countries that are entitled to become parties to the BBNJ Agreement, in particular those whose activities, vessels or nationals operate in an area that is the subject of an established area- based management tool, including a marine protected area, to adopt measures supporting the decisions and recommendations of the Conference of the Parties on area-based management tools, including marine protected areas, established under the BBNJ Agreement.

Text proposed by the Commission

Amendment

2b. Member States shall make information relating to the implementation of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

Text proposed by the Commission

Amendment

2c. The Commission, based on the information from the Member States, shall submit biannual reports to the European Parliament on the implementation measures adopted under this Directive and on global developments regarding the implementation of the BBNJ Agreement, including information on compliance, enforcement and scientific monitoring.

Text proposed by the Commission

Amendment

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.

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. Member States shall ensure that consultations on proposals submitted under Article 17 of this Directive are inclusive, transparent and open to all relevant stakeholders, including States and global, regional, subregional and sectoral bodies, including RFMOs, as well as civil society, the scientific community, Indigenous Peoples and local communities.

Text proposed by the Commission

Amendment

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.

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 and to comply with the EU's international obligations in the best way.

1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register

High Seas Alliance

2. Representatives of public authorities of third countries, including their diplomatic missions and embassies

Title

Conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction

References

COM(2025)0173 - C10-0074/2025 - 2025/0090(COD)

Committee(s) responsible

Date announced in plenary

ENVI

7.7.2025

Opinion by

Date announced in plenary

PECH

7.7.2025

Rapporteur for the opinion

Date appointed

Emma Fourreau

5.6.2025

Discussed in committee

4.9.2025

Date adopted

16.10.2025

Result of final vote

+:

-:

0:

22

4

0

Members present for the final vote

Thomas Bajada, Asger Christensen, Carmen Crespo Díaz, Siegbert Frank Droese, Emma Fourreau, Nora Junco García, Isabella Lövin, Giuseppe Lupo, Francisco José Millán Mon, Jessica Polfjärd, Bert-Jan Ruissen, Sander Smit, Emma Wiesner

Substitutes present for the final vote

Carlo Ciccioli, Anna Maria Cisint, Marco Falcone, Luke Ming Flanagan, Idoia Mendia, Eric Sargiacomo, Michal Wiezik

Members under Rule 216(7) present for the final vote

Paolo Borchia, Herbert Dorfmann, Camilla Laureti, Michele Picaro, Giusi Princi, Isabella Tovaglieri

22

+

ECR

Carlo Ciccioli, Nora Junco García, Michele Picaro, Bert-Jan Ruissen

PPE

Carmen Crespo Díaz, Herbert Dorfmann, Marco Falcone, Francisco José Millán Mon, Jessica Polfjärd, Giusi Princi, Sander Smit

Renew

Asger Christensen, Emma Wiesner, Michal Wiezik

S&D

Thomas Bajada, Camilla Laureti, Giuseppe Lupo, Idoia Mendia, Eric Sargiacomo

The Left

Luke Ming Flanagan, Emma Fourreau

Verts/ALE

Isabella Lövin

4

-

ESN

Siegbert Frank Droese

PfE

Paolo Borchia, Anna Maria Cisint, Isabella Tovaglieri

0

0

Title

Conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction

References

COM(2025)0173 - C10-0074/2025 - 2025/0090(COD)

Date submitted to Parliament

24.4.2025

Committee(s) responsible

Date announced in plenary

ENVI

7.7.2025

Committees asked for opinions

Date announced in plenary

PECH

7.7.2025

Rapporteurs

Date appointed

Michal Wiezik

26.6.2025

Discussed in committee

3.7.2025

4.9.2025

Date adopted

20.10.2025

Result of final vote

+:

-:

0:

61

15

10

Members present for the final vote

Grégory Allione, Vytenis Povilas Andriukaitis, Sakis Arnaoutoglou, Anja Arndt, Thomas Bajada, Barbara Bonte, Stine Bosse, Delara Burkhardt, Jorge Buxadé Villalba, Pascal Canfin, Laurent Castillo, Mohammed Chahim, Christophe Clergeau, Ivan David, Ondřej Dostál, Viktória Ferenc, Emma Fourreau, Anne-Sophie Frigout, Heléne Fritzon, Gerben-Jan Gerbrandy, Hanna Gronkiewicz-Waltz, Martin Günther, Roman Haider, Esther Herranz García, Martin Hojsík, Pär Holmgren, Romana Jerković, Marc Jongen, Radan Kanev, Ondřej Knotek, Stefan Köhler, Ewa Kopacz, András Tivadar Kulja, Peter Liese, Javi López, César Luena, Elżbieta Katarzyna Łukacijewska, Ignazio Roberto Marino, Alessandra Moretti, Rasmus Nordqvist, Jutta Paulus, Jessica Polfjärd, Massimiliano Salini, Oliver Schenk, Lena Schilling, Günther Sidl, Jonas Sjöstedt, Sander Smit, Susana Solís Pérez, Claudiu-Richard Târziu, Ingeborg Ter Laak, Zala Tomašič, Dimitris Tsiodras, Ana Vasconcelos, Aurelijus Veryga, Kristian Vigenin, Alexandr Vondra, Emma Wiesner, Michal Wiezik, Tiemo Wölken

Substitutes present for the final vote

Li Andersson, Hildegard Bentele, Sergio Berlato, Per Clausen, Margarita de la Pisa Carrión, Nikolas Farantouris, Martin Häusling, Paolo Inselvini, Pierre Jouvet, Nora Junco García, Seán Kelly, Kateřina Konečná, Norbert Lins, Matteo Ricci, Antonella Sberna, Kai Tegethoff, Vlad Vasile-Voiculescu, Andrea Wechsler

Members under Rule 216(7) present for the final vote

Maravillas Abadía Jover, Lena Düpont, Gheorghe Falcă, Juan Carlos Girauta Vidal, Christophe Grudler, Jaroslav Knot, Camilla Laureti, Hermann Tertsch

Date tabled

22.10.2025

61

+

PPE

Maravillas Abadía Jover, Hildegard Bentele, Lena Düpont, Gheorghe Falcă, Hanna Gronkiewicz-Waltz, Esther Herranz García, Radan Kanev, Seán Kelly, Stefan Köhler, Ewa Kopacz, András Tivadar Kulja, Peter Liese, Norbert Lins, Elżbieta Katarzyna Łukacijewska, Jessica Polfjärd, Oliver Schenk, Susana Solís Pérez, Ingeborg Ter Laak, Zala Tomašič, Dimitris Tsiodras, Andrea Wechsler

Renew

Grégory Allione, Stine Bosse, Pascal Canfin, Gerben-Jan Gerbrandy, Christophe Grudler, Martin Hojsík, Ana Vasconcelos, Vlad Vasile-Voiculescu, Emma Wiesner, Michal Wiezik

S&D

Vytenis Povilas Andriukaitis, Sakis Arnaoutoglou, Thomas Bajada, Delara Burkhardt, Mohammed Chahim, Christophe Clergeau, Heléne Fritzon, Romana Jerković, Pierre Jouvet, Camilla Laureti, Javi López, César Luena, Alessandra Moretti, Matteo Ricci, Günther Sidl, Kristian Vigenin, Tiemo Wölken

The Left

Li Andersson, Per Clausen, Nikolas Farantouris, Emma Fourreau, Martin Günther, Jonas Sjöstedt

Verts/ALE

Martin Häusling, Pär Holmgren, Ignazio Roberto Marino, Rasmus Nordqvist, Jutta Paulus, Lena Schilling, Kai Tegethoff

15

-

ESN

Anja Arndt, Ivan David, Marc Jongen

NI

Ondřej Dostál, Kateřina Konečná

PfE

Barbara Bonte, Jorge Buxadé Villalba, Viktória Ferenc, Anne-Sophie Frigout, Juan Carlos Girauta Vidal, Roman Haider, Ondřej Knotek, Jaroslav Knot, Margarita de la Pisa Carrión, Hermann Tertsch

10

0

ECR

Sergio Berlato, Paolo Inselvini, Nora Junco García, Antonella Sberna, Claudiu-Richard Târziu, Aurelijus Veryga, Alexandr Vondra

PPE

Laurent Castillo, Massimiliano Salini, Sander Smit