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From Chair’s streamlined non-paper on elements of a draft text of the ILBI at PrepCom 4

1. Cooperation, coordination, consultation and communication between and among States and international organizations, including regional and sectoral bodies, would be enhanced such as through exchange of information.

2. Guidance and recommendations could be provided to States, including through existing global, sectoral or regional organizations involved in the conservation and sustainable use of marine biodiversity beyond national jurisdiction, in the form of goals, procedures, criteria, standards and guidelines.

3. Agreed general biodiversity protection guidelines or methodology to take into account the impact on fish stocks of emerging issues such as the adverse impacts of climate change, ocean acidification or pollution could be provided.

4. States would have a duty to cooperate directly or through appropriate subregional, regional or global mechanisms, taking into account the specific characteristics of the subregion or region (see UNFSA article 8.1).

5. States Parties, in implementing the instrument, would be required to work together to actively engage competent international organisations and arrangements to take actions within their competence to contribute to the achievement of the objectives of the instrument. Where a State Party would consider that action is desirable in relation to a question falling within the competence of relevant international organisations or arrangements, it would be required to draw that question to the attention of the organisations or arrangement competent for that question. The Parties who are members of the organisation or arrangement in question would be required to cooperate within that organisation or arrangement in order to achieve an appropriate response.

6. Any State proposing that action be taken by an intergovernmental organization having competence with respect to marine biodiversity, where such action could have a significant effect on conservation and management measures already established by a competent sectoral or regional organisation or arrangement could be required to consult through that organisation or arrangement with its members or participants. To the extent practicable, such consultation would take place prior to the submission of the proposal to the intergovernmental organization.

7. An incentive for existing organizations to improve their performance could be created, including through the expansion of mandates to explicitly enable the adoption of measures to conserve marine biodiversity in areas beyond national jurisdiction, the addition of new principles to an existing organisation’s governance framework, the development of processes within an existing organisation for implementing relevant parts of the instrument, or development of memorandums of understanding with other organisations to ensure better coordination.

8. If there is no body with a mandate for the conservation or sustainable use of marine biodiversity in a particular sector or geographic area of areas beyond national jurisdiction:

  • Option 1: The establishment of a relevant body would be encouraged.
  • Option 2: The establishment of a relevant body would not be encouraged as this would exceed the scope of the instrument.

9. In cases where there are a number of bodies but no effective coordination mechanism, effective coordination mechanism within a specific timeframe (article 8(5) UNFSA refers) could be encouraged.

10. Formal or informal regional cooperative mechanisms could be strengthened or developed.

11. A possibility for participation of and/or cooperation with relevant international organizations, within their respective mandates, in practical arrangements under the instrument would be envisaged.

12. The duty of international organizations to coordinate and cooperate could be further operationalized as follows:

  • Joint meetings where appropriate.
  • Consultation on matters related to areas beyond national jurisdiction with a view to coordinate respective activities.
  • Cooperation in the collection of data and information relating to areas beyond national jurisdiction.
  • Sharing of information and data regarding activities and the impact of activities under their mandate with a scientific body under the instrument.
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