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EU PROPOSES TO PREPARE THE DECISION REGARDING AN INTERNATIONAL INSTRUMENT ON ISSUES OF THE CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY IN AREAS BEYOND NATIONAL JURISDICTION

The European Union is seeking universal agreement on the decision regarding an international convention on issues of the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. A preparatory process is suggested to examine possible contents.

The European Union and its Member States aim to achieve broad support on the parameters of the decision regarding an international instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on issues of the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction during upcoming meeting of the United Nations Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (the “Working Group”), which will take place between the 19th and 23rd of August 2013.

On 11 June 2012 the EU Environment Council stressed the need for the conservation and sustainable use of marine biological diversity, in particular in areas beyond national jurisdiction, and called for the launching, as soon as possible, of negotiation of a UNCLOS implementing agreement, in particular addressing marine protected areas, environmental impact assessments and the access to and benefit sharing of genetic resources in areas beyond national jurisdiction and noted in this regard the establishment by the United Nations General Assembly of the Working Group.

The tasks addressed by the Working Group were acknowledged in the outcome document of the third United Nations Conference on Sustainable Development, held in Rio de Janeiro, Brazil, from 20 to 22 June 2012, entitled “The future we want”. States committed to address these issues, on an urgent basis and before the end of the sixty-ninth session of the Assembly, including by taking a decision on the development of an international instrument under UNCLOS. This decision establishes a clear political mandate to further advance and timely conclude deliberations on this issue.

The European Union and its Member States believe that negotiations for an UNCLOS Implementing Agreement should be launched as soon as possible. They emphasize that the status quo is not acceptable.

On 23 July 2013 the Lithuanian Presidency of the European Union prepared and circulated a letter on behalf of the European Union and its Member States concerning a proposal to start a process to prepare the decision on the development of an international instrument under UNCLOS relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, addressed to Co-Chairs of the Working Group and the Permanent Representatives to the United Nations in New York. In a spirit of cooperation, the European Union and its Member States underline the need to prepare for the decision to be taken by the end of the 69th session of the General Assembly as established by the Rio + 20 Conference. With this deadline rapidly approaching, the European Union and its Member States consider that we should unite our efforts in reaching common ground on the contents of a possible future instrument to ensure that all parties can take the best informed decision.

During the upcoming meeting of the Working Group the European Union and its 28 Member States will suggest a preparatory process to prepare the decision that we committed to take at the Rio + 20 Conference, including by examining the scope and contents of a possible future Implementing Agreement. Such a preparatory process, to conclude within the agreed deadlines, should be designed to enable the required political discussion on these issues.

Full text of the Proposal to start a process to prepare the decision on the development of an international instrument under the United Nations Convention on the Law of the Sea relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction.