Implementation of Part IV of the BBNJ Agreement

The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (the BBNJ Agreement) is an important step toward coordinated global action to tackle the climate and nature crisis. The Agreement demonstrates the ongoing role of multilateral institutions in facing global challenges and cements the UN Convention on the Law of the Sea (UNCLOS) as the cornerstone of ocean governance. 

The BBNJ Agreement aims to ensure the conservation and sustainable use of marine biological diversity in Areas Beyond National Jurisdiction (ABNJ). Its ratification would demonstrate this Government’s determination to reinvigorate the UK’s wider international leadership on climate and nature. 

Ratification of the Agreement would also support the UK’s commitment (under the Kunming-Montreal Global Biodiversity Framework) to ensuring that at least ‘30 percent of areas of degraded terrestrial, inland water, and marine and coastal ecosystems are under effective restoration’ by 2030.

To enable ratification, we must be in a position to implement all the obligations imposed by the Agreement. Therefore, we must comply with the Environmental Impact Assessment (EIA) obligations set out in the BBNJ Agreement.  This will require amendments to the current domestic marine licensing regimes. Through this consultation, we are seeking views on the proposed approach, the amendments they would entail and evidence on what future activities are likely to occur in ABNJ and their potential impacts. 

We propose to: 

• extend the marine licensing regimes to cover additional activities occurring in ABNJ  
• extend marine licensing exemptions to activities occurring in ABNJ
• update licensing exemptions where needed to appropriately reflect the division of licensing responsibilities between relevant authorities

We want the proposed approach to ensure the UK can meet BBNJ obligations while keeping regulation proportionate to the activities taking place in ABNJ. We also want to reassess the split of licensing activities in ABNJ between the Marine and Coastal Access Act 2009 and Marine (Scotland) Act 2010.