Implementation of ABMTs, including MPAs

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From the procedural report of the BBNJ Preparatory Committee, 31/07/17 :

The text would set out the responsibility of Parties to the instrument related to the measures for a particular area.

From the President's aid to discussion, 25/06/18:

Taking into account possible approaches as indicated in 4.3 above, what provisions would the instrument include to provide for the responsibility of parties to the instrument in relation to the measures for a particular area?

Suggestion 1: State obligation to regulate activities within their jurisdiction and control[edit | edit source]

States Parties ensure that entities subject to their jurisdiction or control shall comply with the measures applicable to MPAs designated or endorsed pursuant to this agreement and do not authorize or undertake any activities that might be contrary to the objectives for which the MPAs were established.

Entities within their jurisdiction and control include ports, flag vessels, citizens and natural and legal entities operating within their jurisdiction.

References: SPA/BD Protocol to the Barcelona Convention Art 8 (3)

Suggestion 2: State obligation to investigate and enforce[edit | edit source]

States Parties shall:

  • Investigate and as necessary prosecute any activities by vessels, aircraft or persons under their jurisdiction or control that infringe conservation measures;
  • Sanctions shall be adequate to dissuade any breach of conservation measures.

References: FAO Compliance Agreement, EU Council Regulation (EC) No 1005/2008 (IUU Regulation)

Suggestion 3: States act through sectoral and regional organizations[edit | edit source]

States pursue adoption of comparable protective measures through sectoral and regional organizations.


Suggestion 4: Biodiversity strategies and action plans[edit | edit source]

Provide for development of sectoral as well as cross-sectoral regionally based biodiversity strategies and action plans. Such biodiversity strategies and action plans could

  • assess the impacts of the specific sectoral activity, other human activities, and environmental factors;
  • adopt, where necessary, measures for protecting affected species, habitats and ecosystems;
  • minimize pollution, waste, discards, and other impacts through measures including area-based management tools; and
  • protect biodiversity.

References: CBD art. 6; UNFSA art. 5 (general principles)

Suggestion 5: Cooperate to strengthen existing organizations[edit | edit source]

Provide for States to cooperate to strengthen existing organizations, to join and act in good faith in any relevant new organizations, and to consult in the case of overlapping competencies with respect to measures that may have a significant effect on the other.

References: CBD art. 6; UNFSA Part III (mechanisms for cooperation), art. 8.6 (duty to consult).

Index:[edit | edit source]

See also: