# Linkages to Other Substantive Elements ## expand\_more ## Introduction The BBNJ Treaty has four substantive elements: marine genetic resources (MGRs) and the fair and equitable benefit-sharing, area-based management tools (ABMTs), including marine protected areas (MPAs), environmental impact assessments (EIAs), and capacity-building and transfer of marine technology (CB/TMT). This section provides a brief summary of how the benefit sharing of MGRs may have possible linkages to other three substantive elements of the BBNJ Treaty. ## Area-based management tools, including marine protected areas (ABMTs, including MPAs) Background Information The BBNJ Treaty defines **area-based management tool** as: *a tool, including marine protected areas, for a geographically defined area through which one or several sectors or activities are managed with the aim of achieving particular conservation and sustainable use objectives.* The Treaty defines **marine protected area** as: *a geographically defined marine area that is designated and managed to achieve specific long-term biological diversity conservation objectives and may allow, where appropriate, sustainable use provided it is consistent with the conservation objectives.* *Ref. BBNJ Treaty Art. 1.1 and 1.9.* ### Possible linkages with MGRs and fair and equitable sharing of benefits If an entity is under the jurisdiction of a Party, there are some circumstances that may merit such an entity to investigate potential ways that the new requirements may apply to their research activities or how they may voluntarily contribute to the establishing, monitoring, and reporting on ABMTs, including MPAs. Here are some examples: - Prior to deciding on the location of the collection activities in ABNJ, review the ABMTs, including MPAs information in the Clearing-House Mechanism to ensure that the collection activities comply with the relevant requirements, if any. - Effective ABMTs, including MPAs, are essential for fostering conservation and sustainable use of marine biological diversity. One of the contributions that institutions and businesses can voluntarily make is to provide data and information that may be available from past or present research activities in the area that is under consideration for establishing an ABMT, including an MPA. The baseline or new information could supplement the basis for considering how the tools can best support conservation and sustainable use of the target area. - Engage with the Scientific and Technical Body or at the Party level on developing further standards or guidance on the processes associated with establishing, monitoring, reviewing, and reporting on ABMTs, including MPAs. For more information about ABMTs, including MPAs, visit the page [here](/abmts). For specific information on the outcome of the COP meetings, visit the page [here](/cop-meetings). For specific Party information, visit the page [here](/parties). ## Environmental impact assessments (EIAs) ### Background Information The BBNJ Treaty defines an **environmental impact assessment** as: *a process to identify and evaluate the potential impacts of an activity to inform decision-making.* *Ref. BBNJ Treaty Art. 1.7* The threshold for screening is when a planned activity in ABNJ may have *more than a minor or transitory effect* on the marine environment, or *the effects of the activity are unknown or poorly understood*. The content of the screening must have sufficient detail for the Party to assess whether it has reasonable grounds for believing that the planned activity may cause substantial pollution of or significant and harmful changes to the marine environment. Specifically, the following information *must be included*: - Description of the planned activity, including its purpose, location, duration and intensity; and - Initial analysis of the potential impacts, including consideration of cumulative impacts and, as appropriate, alternatives to the planned activity. When determining whether the planned activities meet the threshold to conduct an EIA, Parties must *consider* the following non-exhaustive factors: - Type of and technology used for the activity and the manner in which it is to be conducted - Duration of the activity; - Location of the activity; - Characteristics and ecosystem of the location (including areas of particular ecological or biological significance or vulnerability); - Potential impacts of the activity, including the potential cumulative impacts and the potential impacts in areas within national jurisdiction; - Extent to which the effects of the activity are unknown or poorly understood; - Other relevant ecological or biological criteria. *Ref. BBNJ Treaty Art. 30* It is unknown if collection activities associated with marine genetic resources of areas beyond national jurisdiction may be on the list of an indicative list of activities that require or do not require an EIA. The Scientific and Technical Body (STB) may recommend certain standards or guidelines on such matters for adoption by the Conference of the Parties (COP) once the BBNJ Treaty enters into force. The BBNJ Treaty requires the STB to develop the following topics for consideration and adoption by the COP: - Determination of whether the threshold for conducting a screening or an EIA has been reached or exceeded for the planned activities; - Assessment of cumulative impacts in ABNJ and how those impact should be considered for the EIA process; - Assessment of impacts in areas *within* national jurisdiction of planned activities in ABNJ and how those impacts should be considered in the EIA process; - Public notification and consultation process, including the determination of what constitutes confidential or proprietary information; - Required content of EIA reports and published information used in the screening process, including best practices; - Monitoring of and reporting on the impacts of authorized activities, including the identification of best practices; - Conduct of strategic environmental assessments. *Ref. BBNJ Treaty Art. 38* In addition to EIAs, the countries agreed to include strategic environmental assessment (SEA) in the BBNJ Treaty. An SEA is an assessment of the potential effects of a plan or program as well as their alternatives on the marine environment. The relevance of an SEA in coducting an EIA is that Parties, individually or in cooperation with other Parties, must take into consideration the following (where available) in conducting an EIA: - results of the relevant SEA; and - best available information about the area or region, current and potential future impacts, and data gaps and research priorities identified by the COP. The COP will develop guidance on the conduct of each category of SEA. *Ref. BBNJ Treaty Art. 39* ### Possible linkages with MGRs and fair and equitable sharing of benefits If an entity is under the jurisdiction of a Party, there are some circumstances that may merit an entity to investigate potential ways that the new requirements may apply to their research activities or how they may voluntarily contribute to the establishing, monitoring, and reporting on EIAs and SEAs. Here are some examples: - Prior to deciding on the location of the collection activities in ABNJ, review the EIA requirements to ensure that the collection activities meet the EIA requirements, if any. - Conducting effective EIAs is essential for fostering conservation and sustainable use of marine biological diversity. One of the contributions that institutions and businesses can voluntarily make is to provide data and information that may be available from past or present research activities in the area that may require an EIA. The baseline or new information could supplement the basis for considering how the EIA can best support conservation and sustainable use. - Engage with the STB, the COP, or the Party on developing standards or guidance on the processes associated with establishing, monitoring, reviewing, and reporting on EIAs and SEAs. For more information about EIAs and SEAs, visit the page [here](/eias). For specific information on the outcome of the COP meetings, visit the page [here](/cop-meetings). For specific Party country information, visit the page [here](/parties). ## Capacity-building and the transfer of marine technology (CB/TMT) ### Background Information Since the BBNJ Treaty will be in effect for decades to come, the negotiators aimed to "future proof" the Treaty, including one of the substantive elements, capacity-building and the transfer of marine technology (CB/TMT). Due to the unpredictable nature of technology development and needs of Parties, especially developing States Parties, the obligations associated with CB/TMT was drafted to be flexible. The BBNJ Treaty defines **tranfer of marine technology** as: *includes, inter alia, information and data, provided in a user-friendly format, on marine sciences and related marine operations and services; manuals, guidelines, criteria, standards, reference materials; sampling and methodology equipment; observation facilities and equipment for in situ and laboratory observations, analysis and experimentation; computer and computer software, including models and modelling techniques; related biotechnology; and expertise, knowledge, skills, technical, scientific and legal know-how and analytical methods related to the conservation and sustainable use of marine biological diversity.* While there is no definition of “capacity-building,” the Trearty identifies a broad non-exclusive list of the types of capacity-building and the transfer of marine technology and a more detailed list in Annex II of the Treaty: Capacity-building and transfer of marine technology initiatives may include, but are not limited to: (a) The sharing of relevant data, information, knowledge and research, in user-friendly formats, including: (i) The sharing of marine scientific and technological knowledge; (ii) The exchange of information on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction; (iii) The sharing of research and development results; (b) dissemination and awareness-raising, including with regard to: (i) Marine scientific research, marine sciences and related marine operations and services; (ii) Environmental and biological information collected through research conducted in areas beyond national jurisdiction (iii) Relevant traditional knowledge of Indigenous Peoples and local communities line with the free, prior and informed consent of the holders of such knowledge; (iv) Stressors on the that affect marine biological diversity of areas beyond national jurisdiction, including the adverse effects of climate change such as warming and deoxygenation, as well as ocean acidification; (v) Measures such as area-based management tools, including marine protected areas; (vi) Environmental impact assessments; (c) The development and strengthening of relevant infrastructure, including equipment, such as: (i) The development and establishment of necessary infrastructure; (ii) The provision of technology, including sampling and methodology equipment (e.g., for water, geological, biological or chemical samples); (iii) The acquisition of the equipment necessary to support and further develop research and development capabilities, including in data management, in the context of activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction, measures such as area-based management tools, including marine protected areas, and the conduct of environmental impact assessments; (d) The development and strengthening of institutional capacity and national regulatory frameworks or mechanisms, including: (i) Governance, policy and legal frameworks and mechanisms; (ii) Assistance in the development, implementation and enforcement of national legislative, administrative or policy measures, including associated regulatory, scientific and technical requirements at the national, subregional or regional level; (iii) Technical support for the implementation of the provisions of this Agreement, including for data monitoring and reporting (iv) Capacity to translate and data into effective and efficient policies, including by facilitating access to and the acquisition of knowledge necessary to inform decision makers in developing States Parties; (v) The establishment or strengthening of the institutional capacities of relevant national and regional organizations and institutions; (vi) The establishment of national and regional scientific centres, including as data repositories; (vii) The development of regional centres of excellence; (viii) The development of regional centres for skills development; (ix) Increasing cooperative links between regional institutions, for example, North-South and South-South collaboration and collaboration among regional seas organizations and regional fisheries management organizations; (e) The development and strengthening of human and financial management resource capabilities and technical expertise through exchanges, research collaboration, technical support, education and training and the transfer of marine technology, such as: (i) Collaboration and cooperation in marine science, including through data collection, technical exchange, scientific research projects and programmes, and the development of joint scientific research projects in cooperation with institutions in developing States; (ii) Education and training in: a. The natural and social sciences, both basic and applied, to develop scientific and research capacity; b. Technology, and the application of marine science and technology, to develop scientific and research capacities; c. Policy and governance; d. The relevance and application of traditional knowledge of Indigenous Peoples and local communities; (iii) The exchange of experts, including experts on traditional knowledge of Indigenous Peoples and local communities; (iv) The provision of funding for the development of human resources and technical expertise, including through: a. The provision of scholarships or other grants for representatives of small island developing States Parties in workshops, training programmes or other relevant programmes to develop their specific capacities; b. The provision of financial and technical expertise and resources, in particular for small island developing States, concerning environmental impact assessments; (v) The establishment of a networking mechanism among trained human resources; (f) The development and sharing of manuals, guidelines and standards, including: (i) Criteria and reference materials; (ii) Technology standards and rules; (iii) A repository for manuals and relevant information to share knowledge and capacity on how to conduct environmental impact assessments, lessons learned and best practices; (g) The development of technical, scientific and research and development programmes, including biotechnological research activities. Furthger, to support implementation of the CB/TMT requirements, the BBNJ Treaty established a CB/TMT 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 nominated by the Parties and elected by the COP. Note that the COP has an obligation to review, assess, and further develop and provide guidance on the above list periodically, "to reflect technological progress and innovation and to respond and adapt to the evolving needs of States, subregions and regions." To that end, the COP will take into account of the recommendations of the CB/TMT committee. *Ref. BBNJ Treaty Art. 44, 45, 46, and Annex II* ### Possible linkages with MGRs and fair and equitable sharing of benefits The BBNJ Treaty, in its Preamble, captures the importance of CB/TMT as follows: *Recognizing* *also* that support for developing States Parties through capacity-building and the development and the transfer of marine technology are **essential elements for the attainment of the objectives of the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction**. While CB/TMT has its stand-alone part in the BBNJ Treaty (Part V), providing CB/TMT is embedded throughout the Treaty, including in the element, MGRs and the fair and equitable sharing of benefits. There are also specific references to MGRs and the fair and equitable sharing of benefits in the CB/TMT element. The cross-references in the Treaty reinforce the integration of the CB/TMT requirements. From a practice standpoint, if an entity is under the jurisdiction of a Party, there are some circumstances that may merit entities to investigate potential ways that the new requirements may apply to their research activities or how they may voluntarily contribute to fostering CB/TMT: - Ensure that any entity meets the requirements of the CB/TMT requirements in both the MGR (BBNJ Treaty, Part II) and the CB/TMT (BBNJ Treaty, Part V) elements. - Investigate how the entity may voluntarily contribute to CB/TMT requirements in both the MGR and the CB/TMT elements. - Engage with the CB/TMT committee, or the Party on developing further standards or guidance on CB/TMT. For more information about CB/TMT, visit the page [here](/cbtmt). For specific information on the outcome of the COP meetings, visit the page [here](/cop-meetings). For specific Party country information, visit the page [here](/parties).