Biodiversity Beyond National Jurisdiction

The 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, also known as the “BBNJ Agreement”, is the first dedicated global treaty on the conservation and sustainable use of marine biodiversity of the high seas and deep seabed. These are vast areas of the ocean that fall outside the jurisdiction of any country. The BBNJ Agreement is an implementing agreement under the United Nations Convention on the Law of the Sea (UNCLOS).

UNCLOS is the international legal framework governing all activities in the oceans and seas, and the EU and all its Member States are parties, including Ireland. The Department of Foreign Affairs and Trade leads on matters related to UNCLOS.

The BBNJ Agreement was adopted by consensus at the United Nations in New York on 19 June 2023, following nearly twenty years of negotiations. Ireland played an active role as part of the EU negotiating team and was one of the first countries to sign the agreement on 20 September 2023.

The Agreement addresses four main issues:

- Marine genetic resources, including the fair and equitable sharing of benefits

- Measures such as area-based management tools, including marine protected areas

- Environmental impact assessments

- Capacity-building and the transfer of marine technology

One of the main contributions of the BBNJ Agreement is the creation of a global mechanism for marine protected areas (MPAs) in areas beyond national jurisdiction, namely the high seas and deep seabed. Even though the high seas comprise two thirds of the global ocean and half the surface area of the planet, at present only 1% of this area is protected. The agreement provides the legal framework to establish a global network of high seas (MPAs), which will facilitate the achievement of the global commitment to conserve at least 30% of the ocean by 2030 (30 by 30), agreed by nations in 2022 under the Kunming-Montreal Global Biodiversity Framework (GBF).

The Agreement also mandates the conducting of environmental impact assessments for activities on the high seas that could have a significant impact on the marine environment. It further establishes a system for the fair and equitable sharing of benefits from the use of marine genetic resources found in the high seas.

The BBNJ Agreement achieved over 60 State ratifications in September 2025, triggering its entry into force on 17 January 2026.

Ireland ratified the BBNJ Agreement on 23 September 2025, following Dáil approval. All States who have ratified the BBNJ Agreement will need to take the necessary legislative, administrative or policy measures, as appropriate, to ensure the implementation. DCEE is currently engaged in the process of identifying the steps needed to fully implement the BBNJ Agreement. This will include provisions in relation to the four main issues identified above as well as cross-government and wider national stakeholder engagement.

While the BBNJ agreement technically entered into force on 17 January 2026, the necessary governance structures and mechanisms to operationalise the Agreement at the UN level are still being defined. Key issues include the rules of procedure, financial rules, and the establishment of institutional bodies such as the BBNJ Secretariat and Subsidiary Bodies. Ireland has been actively engaged in a series of international preparatory commission meetings for the entry into force of the agreement (known as Prep Coms), where these structures and mechanisms are being agreed. The third and final Prep Com occurred from 23 March – 2 April 2026 and the first meeting of the Conference of Parties (COP) – the decision-making body for the implementation of the Agreement - will take place at the UN Headquarters in New York from 11-22 January 2027. Ireland is represented at BBNJ related UN meetings by officials from the Department of Foreign Affairs and Trade and the Department of Climate, Energy and the Environment.

For further information on the BBNJ Agreement, please contact the marine environment section of the department at marine.env@dcee.gov.ie