Date: 28 March 2023
  • Referring to the discussion on the floor, as France noted, it is important to remember that Article 145 is not qualified. We strongly support the UK and Pew’s interventions in this regard.
  • In addition, we would add that under Art 192 of the Convention, States have the obligation to protect and preserve the marine environment. There is no qualification attached to this crucial provision.
  • Nor is there any balance referred to in  the agreed general principles and approaches in the very recently agreed BBNJ Agreement.

  • We thank the facilitators for their proposal. As you will see from the very top of the document, we believe these would need to set out   fundamental principles rather than Principles, Approaches and Policies. 
  • We believe that it would be problematic if this regulation does not set out fundamental principles which may not be contravened, such as common heritage of humankind, the precautionary principle and effective protection of the marine environment which cannot be weighed against other matters. That is why they should be fundamental.

  • As everyone in the room is aware, there is something new, and that is that since the last meeting, BBNJ was concluded. Marine biodiversity and the need to prevent its loss is of course central to the discussion taking place here. 
  • For these reasons we believe that a reference to BBNJ once it is open for signature would be appropriate in para 8. 
  • Thank you
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