Presentation
Following its entry into force on 17 January 2026, attention has now shifted to the operationalization of the Agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and the convening of the first Conference of the Parties (COP1). To prepare for this milestone, the United Nations General Assembly mandated the establishment of a Preparatory Commission (PrepCom). Two PrepCom meetings have already taken place in 2025; PrepCom3 (23 March-2 April, 2026) is expected to play a decisive role in shaping recommendations to be transmitted to COP1. This Policy Brief, intended for stakeholders interested in high seas negotiations, analyzes the mandate and programme of work of PrepCom3, identifies areas where progress has been made, and highlights the main political and technical issues that still require resolution.
Key Messages
- The Preparatory Commission is entering a decisive phase: its third meeting is expected to be conclusive and produce recommendations that will guide the institutional set-up of the BBNJ Agreement at COP1.
- Discussions so far have focused on three core clusters: governance arrangements, the operationalization of the clearing-house mechanism (CHM), and the financial rules and mechanisms needed to support implementation.
- Despite progress in clarifying positions during PrepCom1 and 2, several politically sensitive issues remain unresolved, and further work is needed to finalize recommendations to be transmitted to COP1.
- The outcomes of PrepCom3 will be critical in determining whether States can deliver a clear and operational framework for the effective implementation of the BBNJ Agreement at CoP1. Special attention will be paid to the recommendations on voting rules, the modalities for observer participation, the composition of subsidiary bodies and the roadmap for establishing the CHM, as the level of ambition in these areas will determine the treaty’s rapid and effective implementation.
