EU Explanation of Vote -- UN General Assembly: Resolution on the Agreement under the UN Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine[...]

Mr. President,

I have the honor to deliver this statement on behalf of the European Union and its Member States.

The Candidate Countries North Macedonia*, Montenegro^*, Albania^*, Ukraine, the Republic of Moldova, Bosnia and Herzegovina^*and Georgia, and the EFTA countries Iceland and Norway, members of the European Economic Area, as well as Monaco align themselves with this statement.

The BBNJ Agreement is a priority for the EU and its Member States. We commend Singapore for proposing the resolution contained in document L.41. In establishing a preparatory commission and the modalities for its work, this resolution represents another important step in the preparation for the swift entry into force and implementation of the BBNJ Agreement.[1] For this reason, we strongly support it and call on all States to vote for it. At the same time, we are disappointed that amendments were proposed in documents L.43 and L.44 that seek to undermine the resolution. We cannot support the proposed amendments.

I would like to recall that regarding decision-making in the preparatory commission, the preference of the European Union and its Member States was to follow the precedent of the preparatory commission established by the Third UN Conference on the Law of the Sea, since the BBNJ agreement is an implementing agreement of UNCLOS. We were disappointed that it proved impossible to follow that relevant precedent. Having listened to the entirety of the membership, we acknowledge the compromise struck in the resolution. Only after the end of the period that the BBNJ agreement is open for signature or the date of entry into force of the BBNJ agreement, shall decisions in the preparatory commission be taken by States and regional organisations that have signed or already become parties to the agreement. At the same time, we support fully that participation and attendance by all stakeholders at the meetings of the preparatory commission follow the successful inclusive precedent of the BBNJ negotiations.

The resolution serves three important purposes.

First, it shows the continued focus, unity and urgency of the international community in ensuring the swift entry into force and effective implementation of the BBNJ agreement. The BBNJ agreement is the latest implementing agreement of UNCLOS, which provides the legal framework within which all activities in the oceans and seas must be carried out. Not only is it a historic achievement of multilateralism, but it is also indispensable in our common efforts for a more sustainably managed ocean and its ecosystems. It will further tackle biodiversity loss and environmental degradation, and assist in the broader fight to combat climate change. The BBNJ agreement proves that the international rules-based order with the United Nations at its center delivers.Secondly, the resolution allows for the important preparatory work prior to the entry into force of the BBNJ agreement to start. It establishes the preparatory commission and the modalities of its work. It provides for a first three-day organizational meeting to be held already in the first half of 2024 while it requests the Secretary-General to assist the preparatory commission through the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs in cooperation with other relevant departments of the Secretariat. The preparatory commission will have a lot of important tasks and will make key recommendations for the future operation of the Agreement. We look forward to engaging in it without delay to enable the effective early implementation of the Agreement. We stand ready to support the Secretary-General and DOALOS, in particular, in any way we can in their upcoming work in this regard.Lastly, the resolution constitutes another strong signal from the General Assembly calling for the signature and ratification, approval or acceptance of the BBNJ agreement at the earliest possible date to allow its swift entry into force and ensures that the General Assembly will regularly follow up on the Agreement through an agenda sub-item dedicated to it. This is a key priority for the European Union and its Member States. We have all signed and aim to ratify the BBNJ Agreement prior to the UN Ocean Conference in 2025 and urge others to do so as well.

Thank you.

*North Macedonia, Montenegro, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.

[1] 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.