Institutional Arrangements

As with other implementing agreements, the BBNJ Treaty has established certain institutional arrangements that will support implementaiton of the Treaty's obligations. The following has been established:

  • Conference of the Parties
  • Scientific and Technical Body
  • Secretariat
  • Clearing-House Mechanism

While the concept of transparency is not necessarily an institution, it is the foundation of each institution's functions. 

Conference of the Parties

The Conference of Parties (COP) will consist of the Parties to the Treaty and it is the main decision making body (except for certain matters on environmental impact assessments). The COP has a broad responsibility, including its role to keep under review and evaluate the implementation of the Treaty. Its tasks range from adoption of decisions and recommendations related to the implementation of the Treaty to adopting a budget and establishing subsidiary bodies as deemed necessary for the implementation of the Treaty. The first meeting will take place no later than one year after the Treaty enters into force. After that time, the COP will hold regular meetings, including a review and assessment meeting that will take place within five years of the Treaty entering into force. Extraordinary meetings could take place, in accordance with the rules of procedure to be established by the COP. 

 The COP has an obligation to make every effort to adopt decisions and recommendations by consensus. That said, there are voting procedures to ensure that important decisions are not unduly blocked after all efforts are exhausted to achieve consensus. On questions on substance, the COP will adopt a decision by a two-thirds majority of the Parties present and voting. Decisions on questions of procedure will be adopted by a majority of the Parties present and voting. The budget will be adopted by a three-fourths majority of the Parties present and voting.

The COP may also request the International Tribunal for Law of the Sea to give an adisory opinion on a legal question on the conformity with the Treaty. However, the scope of such legal question that the ITLOS can take is quite narrow.

Ref. BBNJ Treaty, Art. 47

For information about Parties to the BBNJ Treaty, visit the page here. For information about entry into force, visit the page here. For information about the COP meetings, visit the page here.

Transparency

The Conference of the Parties (COP) must promote transparency in its decision-making processes and other activities carried out under the BBNJ Treaty. While this is not an institution per se, it is an important aspect of the COP's function. Under this provision, all meetings of the COP and its subsidiary bodies must be open to observers participating in accordance with the rules and procedures adopted by the COP, unless otherwise decided by the COP. The BBNJ Treaty identifies a wide range of relevant stakeholders, including a non-Party to the BBNJ Treaty to Indigenous Peoples and local communities. The scientific community and "other relevant stakeholders" with "an interest in matters pertaining" to the COP and its subsidiary bodies can also participate as observers. The COP's rules and procedures must provide observers "timely access to all relevant information" and its decisions must be published and maintained as public record.

Ref. BBNJ Treaty, Art. 48

For information about the COP meetings, visit the page here.

Scientific and Technical Body

The Scientific and Technical Body (STB) will consist of members "serving in their expert capacity and in the best interest" of the BBNJ Treaty. The members will be nominated by Parties and elected by the Conference of the Parties (COP).  The qualifications of the memebers will take into account the need for multidisciplinary expertise, including relevant scientific and technical expertise and expertise in relevant traditional knowledge of Indigenous Peoples and local communities. The assessment of memership will also involve considerations on gender balance and equitable geograpical representation. The STB, under the authority of the COP, and taking into account the multidisciplinary expertise of the STB members, will provide scientific and technical advice to the COP, including reports on its work. The STB may also draw on "appropriate advice emanating from relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, as well as from other scientists and experts."

Ref. BBNJ Treaty, Art. 49

Secretariat

The secretariat will provide various administrative and logistical support to the Conference of the Parties (COP) and its subsidiary bodies for the implementation of the BBNJ Treaty. Such services will range from arranging and servicing the meetings of the COP to circulating information relating to the implementation of the Treaty "in a timely manner." The secretariat will make information on the Treaty publicly available and transmit deicions of the COP to all Parties as well as to relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies (LIFBs). The secretariat will also manage the Clearing-House Mechanism (discussed below) and facilitate cooperation and coordination with the other secretariats of LIFBs as may be required, subject to approval by the COP. The Secretary General of the UN, through the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the UN Secretariat will perform the secreatriat functions until the BBNJ secretariat commences its functions. The first COP will take place at the UN Headquarters and at its first meeting, the permanent seat of the secretariat will be decided by the COP.

Ref. BBNJ Treaty, Art. 50

For information about the COP meetings, visit the page here.

Clearing-House Mechanism

The Clearing-House Mechanism will be primarily "an open-access platform" and serve as a centralized platform. More detailed information about the specific mechanism will be determined by the Conference of the Parties (COP). As for the functions, the Clearing-House Mechanism will enable Parties to access, provide and disseminate information on the four substantive elements of the BBNJ Treaty: 1. Marine Genetic Resources, including the fair and equitable sharing of benefits, 2. establishment and implementation of area-based management tools, including marine protected areas, 3. environmental impact assessment; and 4. capacity building and and the transfer of marine technology. The Clearing-House Mechanism will provide other functions, such as facilitating the matching of capacity building needs and transfer of marine technology with those interested in participating. It will provide links to relevant global, regional, subregional, national and sectoral cleairng-house mechanisms and other gene banks, repositories and databases, including those pertaining to relevant traditional knowledge of Indigenous Peoples and local communities. The Clearing-House Mechanism will also facilitate transparency and international cooperation and collaboration. The BBNJ Treaty's secretariat will manage the Clearing-Houe Mechanism with possible cooperation with other relevant legal instruments and frameowrks and relevant global, regional organizations determined by the COP. Such organizations may include the Intergovernmental Oceanographic Commission of UNESCO and the Food and Agriculture Organization of the UN.

Ref. BBNJ Treaty, Art. 51

Subject matter committees

The BBNJ Treaty also estabished committees on certain topics (i.e., access and benefit-sharing committee, capacity-building and transfer of marine technology committee, finance committee, and Implementation and Compliance Committee). The Conference of the Parties (COP) will need to determine details associated with the functions of all the committees. A brief summary of each committee is provided below:

Access and benefit sharing committee

The access and benefit-sharing committee was established pursuant to the BBNJ Treaty. The objective of the access and benefit-sharing committee is to establish guidelines for benefit-sharing associated with MGRs of ABNJ and associated digital sequence information. The committee is tasked with providing transparency and ensuring a fair and equitable sharing of both monetary and non-monetary benefits. It will be composed of fifteen members with appropriate qualifications in the related fields. The Parties will nominate, and the Conference of the Parties (COP) will elect the members. The committee members will be elected with considerations for gender balance and equitable geographical distribution as well as representation from developing States, including from the least developed countries, from small island developing States and from landlocked developing countries.

The terms of reference and modalities for the operation of the access and benefit-sharing committee will be determined by the COP. However, the committee will make recommendations to the COP on the following:

  • Guidelines or a code of conduct for activities with respect to MGRs and digital sequence information on MGRs of ABNJ;
  • Measures to implement decisions taken in accordance with the requirements on MGRs of ABNJ and associated digital sequence information;
  • Rates or mechanisms for the sharing of monetary benefits;
  • Matters in relation to the Clearing-House Mechanism;
  • Matters in relation to the financial mechanism (Art. 52);
  • Any other matters that the COP may request.

Through the Clearing-House Mechanism, each Party country is required to provide to the access and benefit-sharing committee the following information:

  • Legislative, administrative and policy measures on access and benefit-sharing;
  • Contact details and other relevant information on national focal points;
  • Other information required pursuant to the decisions taken by the COP.

The access and benefit-sharing committee may consult and facilitate the exchange of information with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies on activities under its mandate, including benefit-sharing, the use of digital sequence information on marine genetic resources, best practices, tools and methodologies, data governance and lessons learned. The access and benefit-sharing committee may make recommendations to the COP in relation to such information.

At this point, it is unclear if the access and benefit-sharing committee has an obligation to or opportunities to consult with the Scientific and Technical Body. The STB functions discussed in the Treaty do not include matters on benefit-sharing associated with MGRs of ABNJ and associated digital sequence information. That said, it is possible for the COP to clarify the functions that the STB may perform and include cooperation with the access and benefit-sharing committee. The same concept applies to other committees that the BBNJ Treaty established, such as the financial committee, compliance and implementation committee, and capacity-building and transfer of marine technology committee. Since the Treaty focuses on cooperation, the COP may look for positive synergies among the STB and the various relevant committees.

Ref. BBNJ Treaty Art. 15 and 49

For information about the BBNJ Treaty's MGR Mechanism, visit the page here.

Capacity-building and transfer of marine technology committee

The BBNJ Treaty established a capacity-building and transfer of marine technology committee. The terms of reference and modalities for the operation of the committee will be decided by the Conference of the Parties (COP) at its first meeting. The committee will submit reports and recommendations for the consideration and action of the COP as appropriate. As with other committees, the members must possess appropriate qualifications and expertise. The members will serve objectively in the best interest of the Treaty in an advisory role. The members will be nominate by the Parties and elected by the COP. 

Ref. BBNJ Treaty, Art. 46

For information about the BBNJ Treaty's capacity building and the transfer of marine technology requirements, visit the page here.

Finance committee

The Conference of the Parties (COP) will establish a finance committee on financial resources. The committee will periodically report and make recommendations on the identification and mobilization of funds under the BBNJ Treaty's financial mechanism. It will also collect information and report on funding under other mechanisms and instruments contributing directly or indirectly to the achievement of the objectives of the BBNJ Treaty. The financial committee will also consider the following: 1. the assessment of the needs of the Parties, in particular developing Party countries; 2. the availability and timely disbursement of funds; 3. the transparency of decision-making and management processes concerning fundraising and allocations; and 4. the accountability of the recipient developing Party countries with respect to the agreed use of funds. The specific terms of reference and the modalities for the opereation of the committee will be decided by the COP. 

Ref. BBNJ Treaty, Art. 52.14, 52.15, and 52.16

For information about the BBNJ Treaty's financial resources and mechanism, visit the page here.

Implementation and Compliance Committee

The BBNJ Treaty also established an implementation and compliance committee. The committee will facilitate and consider the implementation of and promote compliance with the Treaty. The committee will be facilitative in nature and function in a transparent, non-adversarial and non-punitive manner.

The Conference of the Parties (COP) will adopt the modalities and rules of procedure for the committee at its first meeting. To that end, the COP will “consider issues of implementation and compliance at the individual and systemic levels, inter alia, and report periodically and make recommendations, as appropriate, while cognizant of respective national circumstances” to the COP. The Treaty provides that in the course of its work, the committee “may draw on appropriate information from bodies established under this Agreement, as well as relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, as may be required.” The membership of the committee will be nominated by the Parties and elected by the COP with due consideration for gender balance and equitable geographical representation.

Ref. BBNJ Treaty, Art. 55

For information about BBNJ Treaty's implementation and compliance requirements, visit the page here.

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