Changes from plenary report to adopted text

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

Recital 7: (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 the aim of restoring the good environmental status of marine ecosystems and of facilitating the conclusion of an ambitious legally binding agreement on marine biological diversity of areas beyond national jurisdiction.

Recital 7 a (new): (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.

Recital 7 b (new): (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.

Recital 7 c (new): (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.

Recital 7 d (new): (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.

Recital 7 f (new): (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.

Recital 7 g (new): (7g) Regulation (EU) No 1026/2012 of the European Parliament and of the Council 1a establishes 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. / 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).

Recital 10: (10) It is necessary for Union and Member States, in line with Article 9 and the objectives 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, including through financial contributions, transfer of marine technology, or capacity-building for developing states.

Recital 14: (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 Union legislation. Pending transposition, the effectiveness of the adopted measures should not be undermined. In order to ensure coordination at Union level, procedures should be put in place for cooperation between the Member States and the Commission prior to the submission of any proposal to the BBNJ Secretariat for the establishment of area-based management tools or a proposal for an emergency measure.

Recital 15: (15) As part of the established procedures, the Commission should carry out a legal assessment which should include an assessment of the need for the proposal to establish area-based management tools or the proposal for an emergency measure under Articles 19 and 24(3) of the BBNJ Agreement to be submitted to 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.

Recital 15 b (new): (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.

Recital 17: (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, the rights of public participation in decision-making, and access to justice 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 access to information, public participation in decision-making, and access to justice in environmental matters should be exercised following the same principles as those established under the Aarhus Convention.

Recital 18: (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 significant and harmful changes to the marine environment in areas beyond national jurisdiction should be subject to an assessment in accordance with existing Union law, such as Directive 2011/92/EU of the European Parliament and of the Council8 , other relevant Union law that contains provisions related to environment assessments for planned activities9 and national laws transposing Union legislation. In accordance with Article 28(2) of the BBNJ Agreement, in the Union such activities conducted in areas within national jurisdiction should be assessed under established Union rules. In those cases, Member States should ensure that they meet the obligations under the BBNJ Agreement.

Recital 19: (19) Where other applicable legal instruments or frameworks or global, regional, subregional or sectoral bodies provide a framework for assessing the impacts of planned activities under national jurisdiction or control that take place in areas beyond national jurisdiction, Member States should not be required to conduct a screening or an environmental impact assessment in accordance with this Directive, provided that the Member States with jurisdiction or control over the planned activity determine that the 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.

Recital 19 a (new): (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.

Recital 20: (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 or significant and harmful changes to the marine environment in areas beyond national jurisdiction should be subject to an assessment in accordance with Directive 2001/42/EC of the European Parliament and of the Council10 and national laws transposing that Directive.

Recital 20 a (new): (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. / 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)

Recital 21: (21) When determining the likelihood of causing substantial pollution or significant and harmful changes to the marine environment by planned activities, Member States should take into account how notable or important these effects can be. They should also take account of criteria set out in Directive 2011/92/EU in making this determination.

Article 1 – paragraph 1 a (new): 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.

Article 2 – paragraph 1 – point i: (i) ‘planned activity’ means an activity in the marine environment, that inter alia includes the execution of construction works, installations, schemes or other interventions, including regular activities aimed at utilising natural resources;

Article 2 – paragraph 1 – point j: (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;

Article 2 – paragraph 1 – point n: (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;

(The capitalisation of Indigenous Peoples applies throughout the text in all languages.)

Article 2 – paragraph 1 – point s: (s) ‘minor or transitory effects’ mean effects that do not cause substantial pollution or make significant and harmful changes to the marine environment.

Article 3 – paragraph 1: deleted

Article 4 – paragraph 2 – point a: (a) fishing regulated under applicable international and Union law, such as the common fisheries policy and fishing-related activities; and

Article 6 – paragraph 6: 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.

Article 8 – paragraph 1: 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.

Article 8 – paragraph 6: 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 those activities for which an environmental impact assessment has been carried out in accordance with the requirements of other international legal instruments or frameworks, Union law or by relevant global, regional, subregional or sectoral bodies, Member States concerned shall 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 out is monitored.

Article 8 – paragraph 7: 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 or significant and harmful changes to the marine environment in areas beyond national jurisdiction, Member States shall apply Directive 2011/92/EU and other relevant EU law that contains provisions related to environment assessments for planned activities. For these activities, Member States shall make relevant information, 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.

Article 9 – paragraph 1: 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 uncertainty and therefore shall be made subject to an assessment, unless the conditions laid down in Article 8 (6) are met.

Article 10 – paragraph 4 – point j a (new): (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.

Article 10 – paragraph 5: 5. In order to ensure the completeness and quality of the environmental impact assessment reports, Member States shall ensure that the reports are prepared by competent and independent experts and shall require from these experts to disclose any conflict of interest in relation to their role and responsibilities. Member States shall ensure that the competent authorities have sufficient expertise, or have access as necessary to it, to examine these reports.

Article 12 – paragraph 1: 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 or significant and harmful changes to the marine environment.

Article 12 – paragraph 2 – point a: (a) a conclusion of the competent authority on the likely substantial pollution or significant and harmful changes to the marine environment by the planned activity and the main reasons for the authorisation;

Article 12 – paragraph 4: 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, and 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.