Changes from report parliamentary committee draft to plenary report

RemovedLinguistic 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.

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 ofensure that Directive whenthe carryingcompetent outauthority suchor assessments.authorities /make Membera Statesdecision mayto also,authorise individuallya orplanned inactivity cooperationwhen, withtaking otherinto Memberaccount Statesmitigation or with other Parties to the BBNJ Agreement,management carrymeasures, outhave strategicdetermined environmentalthat assessmentsall forreasonable plansefforts andhave programmesbeen relatingmade to planned activities underensure theirthat jurisdictionthe orplanned controlactivity tocan be conducted in areas beyond national jurisdiction, ina ordermanner toconsistent assesswith the potential effectsprevention of suchsubstantial planspollution or programmessignificant onand harmful changes to the marine environment.

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.

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.

Article 16 – paragraph 2: deleted

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.

RemovedThe 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.

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.

Article 17 – paragraph 4 a (new): 4a. Member States shall make information relating to the establishment of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

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.

Article 18 – paragraph 2 a (new): 2a. Member States shall make information relating to the implementation of area-based management tools, including marine protected areas, available through the BBNJ Clearing-House Mechanism.

Change 13

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 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.