Text · Comparison of two versions

Changes from report parliamentary committee draft to plenary report

ENVI-PR-775452 → A-10-2025-0205

From: ENVI-PR-775452 report parliamentary committee draft of 15 Jul 2025
To: A-10-2025-0205 Plenary report of 22 Oct 2025
Changes: 13 changes to the text
Paragraphs: +55 added · −15 removed · 5 changed

More facts (3)

Dossier: 2025/0090(COD)
Title (from): 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 national jurisdiction
Title (to): 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 national jurisdiction

Dossier: 2025/0090(COD)
Title (from): 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 national jurisdiction
Title (to): 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 national jurisdiction

What changed, in short Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

The directive now covers activities in national jurisdiction affecting high seas, with assessments required before authorisation.5 7 9 Adds provisions on access to justice, including standing for NGOs and review procedures.10 Introduces new procedures for submitting proposals for area-based management tools and emergency measures, including direct submission.11 Adds measures to encourage third countries and requires biannual reports to Parliament.13 Other changes are formal or wording: updated recitals, definitions, and minor rephrasing.1 2 3 4

The notes class 12 changes as substance, 1 as formal, 0 as wording only.

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Changes that matter, 13

Changes to the text in document order — the ones the change notes describe. Cover page, renumbering and punctuation-only edits are left out (see “Every difference”); changes to citations and references stay in and are marked as formal in the notes.

Change 1

Added– after consulting the Committee of the Regions,

Note on change 1 · formal Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds a recital citing consultation of the Committee of the Regions.

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Change 2

RemovedRecital 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 (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, 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. Parties to the CBD, in accordance with the 2030 mission towards achieving the 2050 strategic vision, are to take urgent action to halt and reverse biodiversity loss to put nature on a path to recovery for the benefit of people and 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.

AddedRecital 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.

RemovedRecital 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/EC 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

AddedRecital 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.

RemovedArticle 1 – paragraph 1 a (new): 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 the establishment and implementation of area-based management tools and emergency measures.

AddedRecital 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.

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Removed~~The amendment is aiming for an all-encompassing article on the subject matter. The amendment is linked to the deletion of the first paragraph of the Article 3 on the scope of the proposed Directive.~~

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 7 e (new): (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.

AddedRecital 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.

AddedRecital 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).

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 15 a (new): (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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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.

AddedRecital 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)

AddedRecital 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.

AddedArticle 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.

Note on change 2 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Restructures recitals: moves biodiversity strategy content, adds new recitals on implementation principles, coherence, ocean pact, and cooperation with third countries.

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Change 3

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

Note on change 3 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds definitions for 'activities under jurisdiction or control', 'public', and 'minor or transitory effects'.

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Change 4

RemovedThe text of the proposed Directive may seem as if other chapters apart from the Chapter 3 are not part for the scope. The scope is described together with the subject matter in an amendment on Article 1.

AddedArticle 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

RemovedArticle 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, determined by Member States as having met the conditions under Article 29 (4) of the BBNJ Agreement, have been carried out in accordance with the requirements of other relevant legal instruments or frameworks or by relevant global, regional, subregional or sectoral bodies. / The Member State concerned shall ensure that the environmental impact assessment report fulfilling the conditions of Article 33 (2) of the BBNJ Agreement, or alternatively the relevant information related to the screening process of Article 30, is published through the BBNJ Clearing-House Mechanism and that the activity is monitored.

AddedArticle 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.

Note on change 4 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds fishing exemption in Article 4, modifies Article 6 on reporting, and replaces Article 8 paragraph 6 with new conditions for exemptions.

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Change 5

ChangedArticle 8 – paragraph ~~7: 7. For planned activities~~1: ~~under~~1. Member ~~States’ jurisdiction~~States orshall ~~control~~ensure that ~~take place in~~the ~~areas~~potential ~~within~~impacts ~~national~~on ~~jurisdiction~~the ~~and~~marine ~~are~~environment ~~likely~~of toplanned ~~cause~~activities ~~substantial~~under ~~pollution~~their ofjurisdiction or ~~significant and harmful changes to~~control ~~the~~that ~~marine~~take ~~environment~~place in areas beyond national ~~jurisdiction, Member States shall apply Directive 2011/92/EU and other relevant~~jurisdiction EUare ~~law~~made ~~that~~subject ~~contains~~to ~~provisions~~an ~~related~~assessment tobefore ~~environment~~a ~~assessments~~decision ~~for~~authorising ~~planned~~them ~~activities.~~(a ~~For~~development ~~these~~consent) ~~activities,~~is ~~Member~~provided ~~States~~by ~~shall~~the ~~make~~competent ~~relevant~~authority ~~information,~~or ~~including~~authorities ~~any~~in ~~relevant~~accordance ~~monitoring~~with ~~reports,~~this ~~available~~Directive. ~~through~~At the ~~BBNJ Clearing-House Mechanism~~request inof a ~~timely manner,~~Member ~~during~~State, 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~~Commission ~~the~~shall ~~activity~~provide istechnical ~~monitored~~assistance in ~~a manner consistent with the requirements of~~ that ~~Directive and national legislation.~~regard.

Note on change 5 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Rewrites Article 8 paragraph 7 to require assessments for activities in national jurisdiction affecting high seas, with Commission technical assistance.

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Change 6

RemovedArticle 28(2), of the BBNJ Agreement, 'substantial pollution of or significant and harmful changes to the marine environment' and the Directive should mirror this language. In addition, the proposed Directive is not clearly requiring to make public the information on monitoring under the Party's process through the Clearing-House Mechanism. It is therefore included here.

AddedArticle 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.

Note on change 6 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds Article 9 paragraph 1 on screening, and Article 10 paragraph 5 requiring independent experts and conflict-of-interest disclosure.

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Change 7

ChangedArticle 98 – paragraph ~~1: 1.~~7: If7. aFor planned ~~activity~~activities ~~may~~under ~~have~~Member ~~more~~States’ ~~than~~jurisdiction aor ~~minor~~control that take place in areas within national jurisdiction and are likely to cause substantial pollution or ~~transitory~~significant ~~effect~~and onharmful changes to the marine environment in areas beyond national jurisdiction, orMember ~~the~~States ~~effects~~shall ofapply ~~the~~Directive ~~activity~~2011/92/EU ~~are~~and ~~unknown~~other orrelevant ~~poorly~~EU ~~understood~~law ~~the~~that ~~Member~~contains ~~State~~provisions ~~with~~related ~~jurisdiction~~to orenvironment ~~control~~assessments offor ~~the~~planned ~~activity~~activities. ~~shall~~For ~~conduct~~these aactivities, ~~screening~~Member inStates ~~order~~shall tomake ~~determine~~relevant ~~whether~~information, ~~the~~including ~~activity~~any ~~may~~relevant ~~cause~~monitoring ~~substantial~~reports, ~~pollution~~available ofthrough orthe ~~significant~~BBNJ ~~and~~Clearing-House ~~harmful~~Mechanism ~~changes~~in toa timely manner, during the ~~marine~~process ~~environment~~under Directive 2011/92/EU and ~~therefore~~other ~~shall~~relevant beEU ~~made~~law ~~subject~~that contains provisions related to anenvironment ~~assessment,~~assessments ~~unless~~for planned activities and ensure that the ~~conditions~~activity ~~laid~~is ~~down~~monitored in ~~Article~~a 8manner ~~(6)~~consistent ~~are~~with ~~met.~~the requirements of that Directive and national legislation.

Note on change 7 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Moves Article 9 content to Article 8, adds precautionary principle, and rephrases screening conditions.

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Change 8

RemovedArticle 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 experts and that the competent authorities have, or have access as necessary to, sufficient expertise to examine these reports.

AddedArticle 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.

Removed~~Linguistic revision.~~

AddedArticle 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.

RemovedArticle 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 of approval, including conditions related to mitigation 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.

AddedArticle 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.

Note on change 8 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds Article 10 paragraph 4 point (ja) on associated impacts, and modifies Article 12 paragraph 4 on public availability of decisions.

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Change 9

ChangedArticle 1512 – paragraph 1: ~~Where Directive 2001/42/EC provides for an obligation to carry out a strategic environmental assessment,~~1. Member States shall ~~comply with the provisions of~~ensure that ~~Directive when~~the ~~carrying~~competent ~~out~~authority ~~such~~or ~~assessments.~~authorities /make ~~Member~~a ~~States~~decision ~~may~~to ~~also,~~authorise ~~individually~~a orplanned inactivity ~~cooperation~~when, ~~with~~taking ~~other~~into ~~Member~~account ~~States~~mitigation or ~~with other Parties to the BBNJ Agreement,~~management ~~carry~~measures, ~~out~~have ~~strategic~~determined ~~environmental~~that ~~assessments~~all ~~for~~reasonable ~~plans~~efforts ~~and~~have ~~programmes~~been ~~relating~~made to ~~planned activities under~~ensure ~~their~~that ~~jurisdiction~~the orplanned ~~control~~activity tocan be conducted in ~~areas beyond national jurisdiction, in~~a ~~order~~manner toconsistent ~~assess~~with the ~~potential effects~~prevention of ~~such~~substantial ~~plans~~pollution or ~~programmes~~significant onand harmful changes to the marine environment.

Note on change 9 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Rewrites Article 15 paragraph 1 to require decisions authorising activities consistent with prevention of pollution.

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Change 10

AddedArticle 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;

AddedArticle 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.

AddedArticle 13 – paragraph 2 – subparagraph 1 – introductory part: Where a Member State with jurisdiction or control over an authorised activity identifies substantial pollution or 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:

AddedArticle 14 – paragraph 1: 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 13 and 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.

AddedArticle 14 – paragraph 1 a (new): 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).

AddedArticle 14 – paragraph 1 b (new): 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.

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AddedArticle 14 – paragraph 1 c (new): 1c. Member States shall determine at what stage the decisions, acts or omissions, referred to in paragraph 1, may be challenged.

AddedArticle 14 – paragraph 1 d (new): 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.

AddedArticle 14 – paragraph 1 e (new): 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.

AddedArticle 15 – paragraph 1: 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.

AddedArticle 16 – paragraph 1: 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 submit comments on the draft proposal or emergency measures 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.

Note on change 10 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds Article 12 paragraph 2 point (a) on conclusions, and expands Article 14 on access to justice with new paragraphs.

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Change 11

RemovedArticle 17 – paragraph 2: 2. Member States shall collaborate and consult, as appropriate, with 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, on the development of proposals referred to in this Chapter.

AddedArticle 16 – paragraph 3: 3. The Commission shall examine the draft proposal or draft emergency measure and comments received under paragraph 1 and present within 30 days of the deadline on Member States to comment a legal assessment of whether or not the draft proposal or draft emergency measure received under that paragraph should be submitted to the BBNJ Secretariat by the Commission on behalf of the Union. The legal assessment shall be made available to all the Member States.

Removed~~The Agreement obliges Parties to, as appropriate, not only consult with but also collaborate with, the respective entities.~~

AddedArticle 16 – paragraph 3 a (new): 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.

AddedArticle 16 – paragraph 3 b (new): 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.

AddedArticle 16 – paragraph 3 c (new): 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.

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AddedArticle 16 – paragraph 3 d (new): 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.

AddedArticle 17 – paragraph 2: 2. Member States shall consult, as appropriate, with relevant 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, for the development of proposals referred to in this Chapter.

Note on change 11 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds Article 16 paragraphs on Commission legal assessment and direct submission of emergency measures, and modifies Article 17 consultation.

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Change 12

RemovedThe Agreement reads '' The Clearing-House Mechanism shall serve as a centralized platform to enable Parties to access, provide and disseminate information with respect to activities taking place pursuant to the provisions of this Agreement, including information relating to the establishment and implementation of area-based management tools, including marine protected areas".

AddedArticle 18 – paragraph 1 a (new): 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.

AddedArticle 18 – paragraph 2: 2. Member States and the Commission shall 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 facilitate the implementation of the decisions and recommendations adopted by the Conference of the Parties under Part III of the BBNJ Agreement.

Note on change 12 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds Article 18 paragraph 1a allowing stricter measures, and modifies paragraph 2 on promoting measures.

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Change 13

AddedArticle 18 – paragraph 2 b (new): 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.

AddedArticle 18 – paragraph 2 c (new): 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.

Note on change 13 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026

Adds Article 18 paragraphs 2b and 2c on encouraging third countries and reporting to Parliament.

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Sources & citation

Where the facts on this page come from, and how to cite it.

Permalink: https://news.eu-parl.st-solutions.dev/texts/ENVI-PR-775452/compare/A-10-2025-0205
Data source: European Parliament Open Data
Licensed CC BY 4.0.
Retrieved: 25 September 2026

Cite as

European Parliament (2025). “Changes between ENVI-PR-775452 and A-10-2025-0205”. Text, 22 October 2025. from ENVI-PR-775452, to A-10-2025-0205, reference 2025/0090(COD). EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ENVI-PR-775452/compare/A-10-2025-0205 (retrieved 25 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).

BibTeX

@misc{epw-text-2025-10-22,
  author = {{European Parliament}},
  title = {{Changes between ENVI-PR-775452 and A-10-2025-0205}},
  year = {2025},
  date = {2025-10-22},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ENVI-PR-775452/compare/A-10-2025-0205}},
  url = {https://news.eu-parl.st-solutions.dev/texts/ENVI-PR-775452/compare/A-10-2025-0205},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. from ENVI-PR-775452, to A-10-2025-0205, reference 2025/0090(COD). Data: European Parliament Open Data (CC BY 4.0)}
}