High Seas Treaty PrepCom Talks Progress But Gaps Remain

As the third and final session of the United Nations’ Preparatory Commission for the High Seas Treaty (BBNJ Agreement) draws to a close, the High Seas Alliance (HSA) welcomed the steadfast leadership of the co-chairs and dedication of most governments in lining up decisions on the Treaty’s set-up for its first Conference of Parties in January 2027.

However, HSA warned that unresolved political issues unrelated to ocean conservation cannot slow the Treaty’s implementation at a critical moment for the ocean.

Over two intensive weeks of negotiations, delegations arrived prepared and engaged constructively under the leadership of co-chairs Ambassador Janine Felson and Mr. Adam McCarthy.

Discussions delivered meaningful progress in several key areas, including the structure and functioning of most subsidiary bodies, several documents related to financial matters, the establishment of the future BBNJ Secretariat, including a process for the selection of its seat, and on building a prototype for the Clearing-House Mechanism–the Agreement’s data portal and central nervous system.

Negotiations lost momentum toward the end of the session, as political divisions unrelated to ocean conservation, rather than technical complexity, threatened to result in several key issues being unresolved.

However, an impressive final push by the co-chairs and ambitious States managed to salvage some, but not all, at the last moment. This was most notable on the Rules of Procedure of the Conference of the Parties, where the co-chairs’ had drafted a careful compromise, including on issues such as observer participation, but some States noted last minute reservations.

Transparency and participation at risk

One of the pressing concerns throughout the PrepCom meetings has been maintaining in the new CoP Rules of Procedure the Agreement’s great track-record of transparency and inclusive participation .

After several efforts to restrict future observer participation at PrepCom2  Delegations at PrepCom3 converged on a “two-step” compromise, allowing States to object to observers, but deferring the final decision to the CoPs, which can then overturn such objections.

While not as restrictive as other options on the table the approach still introduces uncertainty and could result in inconsistent or restrictive participation across bodies, especially for less well resourced observers.

Observers–including actors such as civil society, Indigenous Peoples, youth, the scientific community, and others–provide expertise, accountability, and legitimacy to the process. Ensuring the meaningful participation of Indigenous Peoples and local communities, as rights holders, remains an outstanding issue that must be addressed.

“The strength of this Agreement will depend on open, consistent, and inclusive participation. Participation is not optional, it is essential to the Treaty’s effectiveness.” said Rebecca Hubbard, HSA Director.

Missed opportunities

Some documents, while mostly agreed, still contain several options, leaving some key institutional decisions outstanding. These include issues such as the Secretariat’s relationship to the United Nations system, lines of accountability for its leadership and some financial rules tied to them. Their unresolved status now will cost CoP1 additional and valuable time.

Despite being a strong priority for many States, PrepCom also could not agree on an early nomination and election process for members of the Subsidiary Bodies- technical and advisory bodies responsible for supporting implementation of the Treaty. As a result, the subsidiary bodies will not be fully established at CoP1, risking potentially up to a year of delay in implementation across the Agreement.

Enhancing cooperation and coordination with existing international organizations, such as Regional Fisheries Management Organizations, to further the conservation and sustainable use of Areas Beyond National Jurisdiction is a key objective of the BBNJ Agreement and will be critical for its implementation.

However, some of the text that will be forwarded to CoP relating to its relationships with other other bodies risks creating unnecessary barriers, delays, or dependencies that hinder timely implementation, especially with regard to the much needed establishment of Marine Protected Areas. Further discussions will be needed to ensure that cooperation provisions remain practical and aligned with the Agreement.

Political momentum must be maintained

At an opening reception co-hosted by HSA and members, Mr. Steven Hill, Assistant Secretary-General for Legal Affairs at the United Nations, described the High Seas Treaty as one of the most hopeful recent achievements of multilateralism. But maintaining that momentum will require renewed political will.

“Successful implementation of the Agreement, from establishing marine protected areas to sharing benefits from marine genetic resources, depends on strong institutions and inclusive participation,” said Daniel Kachelriess, Cross-Cutting Coordinator of the High Seas Alliance. “The sooner these systems are in place, the sooner the Treaty can deliver on ocean equity and conservation, urgently needed to address the planetary crisis.”

As climate change and biodiversity loss accelerate, the urgency to act is growing. Delivering on global commitments, including the 30×30 target to protect at least 30% of the ocean by 2030, will depend on rapid and effective implementation of the High Seas Treaty.

“The text of the Agreement is clear, but the work to turn it from a piece of paper to something that can deliver change in the water is far from over. The task now is to build the institutions and processes needed to turn ambition into action at the first Conference of the Parties in January.” concluded Rebecca Hubbard, HSA’s Director