EU fast-tracks High Seas Treaty into law, proposing new rules on marine protection, impact assessments, and genetic resources.
Commission pushes directive to meet ocean targets and pre-empt criticism
The European Commission is pushing ahead with a new directive to bring the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement into EU law — a move timed to show leadership ahead of the UN Ocean Conference in June 2025 and to avoid international embarrassment if Member States fall behind on ratification.
Described as the “Treaty of the High Seas,” the BBNJ Agreement commits signatories to establish marine protected areas, conduct environmental impact assessments in international waters, and share benefits from marine genetic resources. Although the Commission claims EU law is already largely aligned, the new directive is designed to close gaps and impose obligations across all Member States.
“This historic agreement is ambitious, fair and equitable,” said Commissioner for Fisheries Costas Kadis. “It reaffirms our commitment to the efficient implementation of the BBNJ Agreement.”
But the timing of the proposal — just over a year before the High Seas Treaty is expected to enter into force — raises questions. With only 89 countries signed and fewer than 60 ratifications in place, the Commission is moving unilaterally to legislate before the international community has fully committed.
Legal uniformity or political optics?
Commissioner Jessika Roswall said the move would ensure “simplified, consistent and straightforward” implementation across the bloc. The directive will require Member States to evaluate environmental impacts of proposed activities beyond national waters and establish clear rules for public participation and transparency — echoing language already embedded in other EU directives.
“Our ocean needs to be protected, and we are showing today that this can be done in a consistent way,” said Roswall.
The directive also supports the EU’s 30×30 biodiversity goal — protecting 30% of the ocean by 2030 — and aligns with the Kunming-Montreal Global Biodiversity Framework. But questions remain about how enforcement will function in international waters, and whether the EU is overstretching by moving ahead of global consensus.
Genetic data access a key issue
The proposal includes provisions for marine genetic resource sharing, an area of growing commercial and geopolitical tension. EU researchers would be supported in cross-border collaboration, but the directive hints at the need for compliance with benefit-sharing frameworks such as the upcoming COP16 Cali Fund.
The Commission insists the administrative burden will be kept to a minimum and that the directive will support “good governance and ocean sustainability” under the forthcoming European Ocean Pact.
The BBNJ Agreement will formally enter into force 120 days after 60 nations ratify the treaty. The EU says it is committed to ratifying before the UN Ocean Conference in Nice, June 2025 — but whether other global powers follow suit remains to be seen.
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