High Seas Treaty enters force in 2026, giving EU-backed framework for high seas governance, marine protection and resource regulation
Treaty Takes Legal Effect After Ratification Threshold Reached
The High Seas Treaty, formally known as the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), entered into force on 17 January 2026, creating the first legally binding framework to govern human activity across vast ocean areas beyond national control.
The agreement applies to areas beyond national jurisdiction, covering roughly half of the Earth’s surface and around 95 percent of the ocean’s volume. These waters have long been subject to fragmented oversight despite mounting pressure from pollution, overexploitation, climate change and biodiversity loss.
Under the Treaty, states can establish marine protected areas in the high seas, regulate access to marine genetic resources, and require environmental impact assessments for existing and future activities. It also introduces mechanisms to support developing countries through capacity building and marine technology transfer.
EU Claims Leadership Role In Negotiations
The European Union and its Member States have presented the Treaty’s entry into force as a success of multilateral diplomacy, highlighting their role in steering negotiations that concluded in 2023. The agreement reached the required 60 ratifications on 19 September 2025, triggering its automatic entry into force 120 days later.
To date, 81 Parties have ratified the Treaty, including the EU and 16 Member States, while 145 countries have signed. As co-chair of the High Ambition Coalition on BBNJ, which includes 46 countries, the EU says it remains politically committed to implementation.
Preparations are already under way for the first Conference of the Parties, which must be held within a year. The EU has also pledged financial and technical support, including through its €40 million Global Ocean Programme, launched at the UN Ocean Conference in June, with €10 million already operational for on-demand assistance.
The EU is additionally contributing to the initial work of the BBNJ Secretariat hosted by the UN Division for Ocean Affairs and the Law of the Sea. Whether the Treaty delivers meaningful protection on the water, rather than on paper, will depend on enforcement, funding and political will as commercial interest in high seas resources continues to grow.
