Legal provisions of COM(2025)173 - Conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2025)173 - Conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
document COM(2025)173 EN
date April 24, 2025

Contents

CHAPTER 1 - General provisions

Article 1 - Subject matter

This Directive establishes minimum rules regarding implementation within the European Union of the Agreement (‘the BBNJ Agreement’ or ‘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.

Article 2 - Definitions

For the purposes of this Directive, the following definitions apply:

(a) ‘areas beyond national jurisdiction’ means the high seas and the Area as defined in Article 1(1) of the United Nations Convention on the Law of the Sea;

(b) ‘collection in situ’, in relation to marine genetic resources, means the collection or sampling of marine genetic resources in areas beyond national jurisdiction;

(c) ‘Conference of the Parties’ means the Conference of the Parties established under Article 47 of the BBNJ Agreement;

(d) ‘marine genetic resources’ means any material of marine plant, animal, microbial or other origin containing functional units of heredity of actual or potential value;

(e) ‘utilisation of marine genetic resources’ means conducting research and development on the genetic and/or biochemical composition of marine genetic resources, including through the application of biotechnology;

(f) ‘BBNJ Clearing-House Mechanism’ means the platform established under Article 51 of the BBNJ Agreement;

(g) ‘BBNJ Scientific and Technical Body’ means the body established under Article 49 of the BBNJ Agreement;

(h) ‘BBNJ Secretariat’ means the secretariat established under Article 50 of the BBNJ Agreement;

(i) ‘planned activity’ means an activity involving the execution of construction works, installations, schemes or other interventions in the marine environment, including regular activities aimed at utilising natural resources;

(j) ‘activities under jurisdiction or control’ means activities carried out by both public and private entities, on which the Member State can, in accordance with international law, exercise its competence or authority;

(k) ‘plans and programmes’ means the plans and programmes defined in Article 2(a) of Directive 2001/42/EC and any modifications to them which are subject to preparation and/or adoption by an authority at global, national, regional, subregional or local level or which are prepared by an authority for adoption, through a legislative procedure by Parliament or Government, and which are required by legislative, regulatory or administrative provisions;

(l) ‘decision to authorise’ means a decision taken by the competent authority or authorities allowing the execution of a planned activity;

(m) ‘public concerned’ means natural and legal persons affected or likely to be affected by, or having an interest in, the environmental decision-making procedures referred to in Chapter 3 of this Directive, including non-governmental organisations promoting environmental protection and meeting any requirements under national law;

(n) ‘public’ means the public concerned as well as indigenous peoples and local communities with relevant traditional knowledge and relevant global, regional, subregional and sectoral bodies and the scientific community;

(o) ‘competent authority or authorities’ mean the authority or authorities that the Member States designate as responsible for performing the duties arising from this Directive;

(p) ‘environmental impact assessment’ means a process to prepare an environmental impact assessment report, carry out consultations, take into account of the environmental impact assessment report and the results of the consultations in decision-making and provide information on the decision in accordance with Chapter 3 of this Directive;

(q) ‘environmental impact assessment report’ means documentation containing the information required in Article 10(4) of this Directive;

(r) ‘cumulative impacts’ means the combined and incremental impacts resulting from different activities, including known past and present and reasonably foreseeable activities, or from the repetition of similar activities over time, and the consequences of climate change, ocean acidification and related impacts;

(s) ‘minor or transitory effects’ mean effects that do not have significant harmful impact on the marine environment.

Article 3 - Scope

1. This Directive applies to planned activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction.

2. This Directive shall not apply to any warship, military aircraft or naval auxiliary. Except for Chapter 2, this Directive does not apply to any other vessels or aircraft owned or operated by a Member State and used, for the time being, only on government non-commercial service.

3. This Directive shall not apply to planned activities under Member States’ jurisdiction or control that take place in areas within national jurisdiction except for the provisions under Article 8(6) of this Directive.

4. This Directive does not affect the obligation on the competent authorities to respect the limitations set under national laws, regulations and administrative provisions and accepted legal practices with regard to commercial and industrial confidentiality, including intellectual property, and the safeguarding of the public interest.

CHAPTER 2 - Marine genetic resources and digital sequence information of areas beyond national jurisdiction

Article 4 - General provisions

1. This Chapter applies only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected and generated as from XX [after the entry into force of the BBNJ Agreement for the EU and its Member States – OJ to insert the date].

2. This Chapter does not apply to:

(a) fishing regulated under applicable international law and fishing-related activities; and

(b) fish or other living marine resources known to have been taken in fishing and fishing-related activities from areas beyond national jurisdiction, unless such fish or other living marine resources are regulated as utilisation under Part II of the BBNJ Agreement.

Article 5 - Activities with respect to marine genetic resources of areas beyond national jurisdiction

Member States shall ensure that collection in situ of marine genetic resources of areas beyond national jurisdiction is carried out with due regard for the rights and legitimate interests of coastal states in areas within their national jurisdiction and with due regard for the interests of other states in areas beyond national jurisdiction, in accordance with the United Nations Convention on the Law of the Sea. For this purpose, Member States shall cooperate, as appropriate, including using the BBNJ Clearing-House Mechanism, in order to implement the provisions of this Chapter.

Article 6 - Notification on activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction

1. Member States shall ensure that the information listed in paragraph 2, and any update of paragraph 3, is notified to the BBNJ Clearing-House Mechanism. Member States shall ensure coordination between the system used for notification of paragraph 2 and other notification systems provided under other Union legislation.

2. The following information shall be notified to the BBNJ Clearing-House Mechanism six months prior to the collection in situ of marine genetic resources of areas beyond national jurisdiction:

(a) the nature of the collection and the objectives under which it is carried out, including, as appropriate, any programme of which it forms part;

(b) the subject matter of the research or, if known, the marine genetic resources to be targeted or collected, and the purposes for which such resources will be collected;

(c) the geographical areas in which the collection is to be carried out;

(d) a summary of the method and means to be used for collection, including the name, tonnage, type and class of vessels, scientific equipment and/or study methods employed;

(e) information concerning any other contributions to proposed major programmes;

(f) the expected date of the first appearance and final departure of the research vessels, or deployment of the equipment and its removal, as appropriate;

(g) the name(s) of the sponsoring institution(s) and the person in charge of the research project;

(h) opportunities for scientists from all states, in particular scientists from developing states, to be involved in or associated with the research project;

(i) the extent to which it is considered that states parties to the BBNJ Agreement that may need and request technical assistance, in particular developing states, should be able to participate or to be represented in the research project;

(j) a data management plan prepared according to open and responsible data governance, taking into account current international practice.

3. Where there is a material change to the information provided to the BBNJ Clearing-House Mechanism prior to the planned collection, updated information shall be notified to the BBNJ Clearing-House Mechanism within a reasonable period of time and no later than the start of collection in situ, when practicable.

4. Member States shall ensure that the following information, along with the ‘BBNJ’ standardised batch identifier, is notified to the BBNJ Clearing-House Mechanism as soon as it is available, but no later than one year from the collection in situ of marine genetic resources of areas beyond national jurisdiction:

(a) the repository or database where digital sequence information on marine genetic resources is or will be deposited;

(b) the location where all marine genetic resources collected in situ are or will be deposited or held;

(c) a report detailing the geographical area from which marine genetic resources were collected, including information on the latitude, longitude and depth of collection, and, to the extent available, the findings from the activity;

(d) any necessary updates to the data management plan provided under paragraph 2, point (j).

5. Member States shall ensure that samples of marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction that are in repositories or databases under their jurisdiction can be identified as originating from areas beyond national jurisdiction, in accordance with current scientific international practice and to the extent practicable.

6. Member States shall ensure that repositories, to the extent practicable, and databases under their jurisdiction prepare, on a biennial basis, an aggregate report on access to marine genetic resources and digital sequence information linked to their BBNJ standardised batch identifier, and make the report available to the access and benefit-sharing committee set up under Article 15 of the BBNJ Agreement.

7. Where marine genetic resources of areas beyond national jurisdiction, and where practicable, the digital sequence information on such resources are subject to utilisation, including commercialisation, by natural or legal persons under their jurisdiction, Member States shall ensure that the following information, including the BBNJ standardised batch identifier, if available, is notified to the BBNJ Clearing House Mechanism as soon as it is available:

(a) the location of the results of this utilisation, such as publications, patents granted, if available and to the extent possible, and products developed;

(b) where available, details of the post-collection notification to the BBNJ Clearing House Mechanism related to the marine genetic resources that were the subject of utilisation;

(c) the location where the original sample that is the subject of utilisation is held;

(d) the arrangements envisaged for access to marine genetic resources and digital sequence information on marine genetic resources that are being utilised, and a data management plan for the same;

(e) once marketed, information, if available, on sales of relevant products and any further development.

8. Where available and appropriate, Member States may use a digital platform provided by the Commission to prepare and submit the information specified in paragraph 2 and 4.

Article 7 - Deposition of marine genetic resources and digital sequence information on marine genetic resources

1. Member States shall ensure that natural or legal persons under their jurisdiction utilising marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction deposit these marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction, together with their BBNJ standardised batch identifiers, in publicly accessible repositories and databases, maintained either nationally or internationally, no later than three years from the start of such utilisation, or as soon as they are available.

2. Member States shall also ensure that the natural or legal persons referred to in paragraph 1 provide the confirmations of deposits to the competent authority.

If multiple natural or legal person are involved in the utilisation, the person responsible for overseeing the research project shall provide the confirmations of deposits to the competent authority in the Member State in which the person responsible for overseeing the research project is established or resident.

If the person responsible for overseeing the research project is not established or resident in the Union, Member States shall ensure that the natural or legal persons under their jurisdiction and involved in the research project identify a person in the research project who is established in or resident of a Member State to provide the confirmations of deposits to the competent authority.

3. Member States shall ensure, including through coordination, cooperation and exchange of relevant information, that the information in paragraph 1 and 2 is shared in a simplified manner, without unduly increasing the administrative burden on the competent authority or authorities or on natural or legal persons who provide the confirmations of deposits.

CHAPTER 3 - Environmental assessments

Article 8 - General provisions

1. Member States shall ensure that the potential impacts on the marine environment of planned activities under their jurisdiction or control that take place in areas beyond national jurisdiction are made subject to an assessment before a decision authorising them (a development consent) is provided by the competent authority or authorities in accordance with this Directive.

2. The assessment referred in paragraph 1 may be integrated into Member States’ existing procedures for the authorisation of planned activities.

3. In order to coordinate and facilitate the assessment procedures for planned activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction, and, in particular, to conduct consultations in accordance with Article 11, the Member States concerned may set up, on the basis of equal representation, a joint body.

4. Where an environmental impact assessment for a planned activity shall be carried out, Member States shall take into account, where available, the results of relevant strategic environmental assessments, in particular those carried out under Article 15.

5. This Chapter does not apply to planned activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction and have a minor or transitory effect on the marine environment.

6. This Chapter does not apply to planned activities under Member States’ jurisdiction or control that take place in areas beyond national jurisdiction for which a screening or an environmental impact assessment have been carried out in accordance with the requirements of other relevant international legal instruments or frameworks or by relevant global, regional, subregional or sectoral bodies. For activities for which an environmental impact assessment has been carried out in accordance with the requirements of other relevant legal instruments or frameworks or by relevant global, regional, subregional or sectoral bodies, Member States shall ensure that the conditions under Article 29(4) of the BBNJ Agreement are met. In such cases, the Member State concerned shall ensure that the environmental impact assessment report is published through the BBNJ Clearing-House Mechanism and that the activity is monitored.

7. For planned activities under Member States’ jurisdiction or control that take place in areas within national jurisdiction and are likely to have significant effects on the marine environment in areas beyond national jurisdiction, Member States shall apply Directive 2011/92/EU and other relevant EU law that contains provisions related to environment assessments for planned activities. For these activities, Member States shall make relevant information available through the BBNJ Clearing-House Mechanism in a timely manner, during the process under Directive 2011/92/EU and other relevant EU law that contains provisions related to environment assessments for planned activities and ensure that the activity is monitored in a manner consistent with the requirements of that Directive and national legislation.

Article 9 - Screening

1. If a planned activity may have more than a minor or transitory effect on the marine environment in areas beyond national jurisdiction, or the effects of the activity are unknown or poorly understood, the Member State with jurisdiction or control of the activity shall conduct a screening in order to determine whether the activity may cause substantial pollution of or significant and harmful changes to the marine environment and therefore shall be made subject to an assessment.

2. The screening shall be conducted within a reasonable timeframe and shall be sufficiently detailed for the Member State to assess whether it has reasonable grounds for determining that the planned activity may cause substantial pollution of or significant and harmful changes to the marine environment.

3. When conducting the screening, Member States shall consider at least the description of the planned activity, including its purpose, location, duration and intensity, the initial analysis of the potential impacts, including consideration of cumulative impacts and, as appropriate, alternatives to the planned activity.

4. For the purposes of the screening, Member States shall take into account at least the following factors:

(a) the type of planned activity, the technology used for the activity and the manner in which the activity is to be executed;

(b) the duration of the planned activity;

(c) the location of the planned activity;

(d) the characteristics and ecosystem of the location (including areas of particular ecological or biological significance or vulnerability) of the planned activity;

(e) the potential impacts of the planned activity, including the potential cumulative impacts and the potential impacts in areas within national jurisdiction;

(f) the extent to which the effects of the planned activity are unknown or poorly understood;

(g) other relevant ecological or biological factors.

5. Where, as a result of the screening, it is determined that the planned activity may cause substantial pollution of or significant and harmful changes to the marine environment, an environmental impact assessment shall be carried out in accordance with this Chapter.

6. The competent authority shall take a screening decision on the basis of the factors referred to in paragraph 4. The screening decision, including the main reasons for requiring or not requiring an assessment with reference to the relevant factors listed in paragraph 4, shall be made available to the public, including through the BBNJ Clearing-House Mechanism.

7. If, following the publication of the screening decision referred to in paragraph 6, a Party to the BBNJ Agreement or the BBNJ Scientific and Technical Body raise any concerns or recommendations within a period of 40 days after publication of the screening decision with regard to a determination that a planned activity may not cause substantial pollution of or significant and harmful changes to the marine environment, the Member State that made this determination shall take these concerns into consideration. As a result, the Member State may review its determination.

Article 10 - Scoping and report

1. Where an environmental impact assessment for a planned activity is to be carried out, Member States shall ensure that an environmental impact assessment report is prepared.

2. The environmental impact assessment report shall be based on an opinion on its scope issued by a competent authority.

3. The competent authority shall issue the opinion referred to in paragraph 2 taking into account the best available science and scientific information and, where available, relevant traditional knowledge of indigenous peoples and local communities, as well as information on the key environmental and any associated impacts of the planned activity, such as economic, social, cultural and human health impacts, including potential cumulative impacts and impacts in areas within national jurisdiction, as well as reasonable alternatives to the planned activity.

4. The environmental impact assessment report referred to in paragraph 1 shall include at least the following information:

(a) a description of the planned activity, including its location;

(b) the opinion issued under paragraph 3;

(c) a baseline assessment of the marine environment likely to be affected by the planned activity;

(d) a description of potential impacts of the planned activity, including potential cumulative impacts and any impacts of the activity in areas within national jurisdiction;

(e) a description of prevention, mitigation and management measures;

(f) a description of uncertainties and gaps in knowledge;

(g) information on the public consultation process;

(h) a description of the consideration of reasonable alternatives to the planned activity;

(i) a description of follow-up actions, including an environmental management plan to be implemented during the execution and operation of the activity;

(j) a non-technical summary of the information referred to in points (a) to (i).

5. In order to ensure that completeness and quality of the environmental impact assessment reports, Member States shall ensure that the reports are prepared by competent experts and that the competent authorities have, or have access as necessary to, sufficient expertise to examine these reports.

Article 11 - Consultations

1. Member States shall ensure that, within reasonable time-frames, the following information is made available to the public, including through the BBNJ Clearing-House Mechanism and the BBNJ secretariat:

(a) the environmental impact assessment report referred to in Article 10(1);

(b) the request for authorisation of the planned activity;

(c) the fact that the planned activity is subject to an environmental impact assessment;

(d) details of the competent authorities responsible for taking the decision to authorise the activity, those from which relevant information can be obtained, and those to which comments or questions can be submitted, as well as details of the time frame for submitting comments or questions;

(e) an indication of the times and places at which, and the means by which, the relevant information will be made available;

(f) details of the arrangements for public participation made under paragraph 4.

2. Parties to the BBNJ Agreement, in particular coastal parties adjacent to the planned activity and any other parties adjacent to the planned activity, and the public concerned shall be given early and effective opportunities to participate in procedures for authorising the planned activities referred to in Article 12(2) and shall, for that purpose, be entitled to express comments and opinions before a decision to authorise a planned activity is taken when all options are open to the competent authority or authorities.

3. For the purposes of paragraph 2, Member States shall determine potentially most affected parties by taking into account the nature and potential effects on the marine environment of the planned activity. Such parties shall include:

(a) coastal parties whose exercise of sovereign rights for the purpose of exploring, exploiting, conserving or managing natural resources may reasonably be believed to be affected by the planned activity;

(b) parties that carry out, in the area of the planned activity, human activities, including economic activities, that may reasonably be believed to be affected by the planned activity.

4. Member States shall set up the detailed arrangements for informing the stakeholders referred to in paragraph 2 and reasonable time-frames for consulting the stakeholders referred to in paragraph 2, that shall not be shorter than 30 days but shall not be longer than 85 days. To that extent, Member States may use existing arrangements resulting from Directive 2011/92/EU and other relevant EU law that contains provisions related to environment assessments for planned activities.

5. Member States shall ensure that the results of the consultation, including relevant comments and opinions expressed by parties and the public concerned as well as those made by the BBNJ Scientific and Technical Body, are duly taken into account and addressed in the decision-making process.

Article 12 - Decision-making

1. Member States shall ensure that the competent authority or authorities make a decision to authorise a planned activity when, taking into account mitigation or management measures, have determined that all reasonable efforts have been made to ensure that the planned activity can be conducted in a manner consistent with the prevention of significant adverse impacts on the marine environment.

2. The decision to authorise a planned activity shall be based on the results of the consultations referred to in Article 11 and shall incorporate at least the following:

(a) a conclusion of the competent authority on the likely significant impacts of the planned activity on the marine environment and the main reasons for the authorisation;

(b) any conditions attached to the decision, a description of any features of the planned activity and/or measures envisaged to avoid, prevent or reduce any substantial pollution of or significant and harmful changes to the marine environment as well as monitoring measures. Where appropriate, these measures may be incorporated into an environmental management plan.

3. A decision not to authorise a planned activity shall state the main reasons for the non-authorisation.

4. When a decision to authorise or not to authorise a planned activity has been taken, Member States shall promptly ensure that the decision is made available to the public, including through the BBNJ Clearing-House Mechanism and the BBNJ secretariat. To that point, Member States shall make available the comments and opinions received during the consultations referred to in Article 11 and a description of the manner in which these comments and opinions have been taken into account or otherwise addressed.

Article 13 - Monitoring

1. Member States shall, by using the best available science and scientific information and, where available, the relevant traditional knowledge of indigenous peoples and local communities, monitor the impacts of authorised activities in areas beyond national jurisdiction in order to determine whether these activities are likely to pollute or have significant and harmful changes to the marine environment. In particular, each Member State shall monitor the environmental and any associated impacts, such as economic, social, cultural and human health impacts, of an authorised activity under their jurisdiction or control in accordance with the conditions attached to the decision to authorise the planned activity.

2. Where a Member State with jurisdiction or control over an authorised activity identifies significant and harmful changes to the marine environment that either were not foreseen in the environmental impact assessment, in nature or severity, or that arise from a breach of any of the conditions referred to in Article 12(2)(b) or where a party to the BBNJ Agreement or the BBNJ Scientific and Technical Body raise any concerns or recommendations, the Member State concerned shall review its decision. To that point, it shall:

(a) require that measures be proposed and implemented to prevent, mitigate and/or manage those impacts or take any other necessary action and/or halt the activity as appropriate; and

(b) evaluate, in a timely manner, any measures implemented or actions taken under point (a).

In that event, Member States shall promptly notify the BBNJ Conference of the parties, other Parties to the BBNJ Agreement and the public concerned, including through the BBNJ Clearing-House Mechanism.

3. Member States shall periodically but not less frequently than every three years publish a report on the impacts of the authorised activities and the results of the monitoring required under paragraph 1.

4. Member States shall ensure that the following is made available to the public, including through the BBNJ Clearing-House Mechanism:

(a) monitoring reports;

(b) reports on the review of the impacts of the authorized activity;

(c) where a decision authorising the activity has been changed, newly taken decisions, including information referred to in Article 12(2).

Article 14 - Access to justice

Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body set up by law to challenge the substantive or procedural legality of decisions, acts or omissions under Articles 8 to 13.

Article 15 - Strategic environmental assessment of plans and programmes

Member States may, individually or in cooperation with other Member States or with other Parties to the BBNJ Agreement, carry out strategic environmental assessments for plans and programmes relating to planned activities under their jurisdiction or control to be conducted in areas beyond national jurisdiction, in order to assess the potential effects of such plans or programmes on the marine environment. Where Directive 2001/42/EC provides for an obligation to carry out a strategic environmental assessment, Member States shall comply with the provisions of that Directive when carrying out such assessments.

CHAPTER 4 - Measures such as area-based management tools, including marine protected areas

Article 16 - Proposal for the establishment of area-based management tools

1. Member States shall, irrespective of whether they act individually or collectively, send the draft of a proposal under Article 19 of the BBNJ Agreement or of an emergency measure under Article 24(3) of that Agreement to the Commission before any submission to the BBNJ Secretariat. Upon receipt, the Commission shall inform all Member States and share the draft proposal. If other Member States have comments, they shall submit these comments to the Commission within 30 days from receipt of the draft proposal or earlier if warranted by the emergency measure. The Commission shall send the comments received on to the other Member States.

2. The Commission shall present a preliminary assessment of the draft proposal or draft emergency measures received under paragraph 1 before Member States submit any proposal or draft to the BBNJ Secretariat. The aim of the preliminary assessment is to help determining whether the proposal or the emergency measure should be submitted or not on behalf of the Union, or the Union and its Member States.

3. The Commission shall present a preliminary assessment of whether the draft proposal or draft emergency measure received under paragraph 1 should be submitted to the BBNJ Secretariat by the Commission on behalf of the Union. Pending such preliminary assessment, and if the preliminary assessment concludes that the submission should be made on behalf of the Union, Member States shall refrain from submitting the proposal or emergency measure referred to in paragraph 1 to the BBNJ Secretariat.

Article 17 - Content of proposals

1. Proposals under Article 19 of the BBNJ Agreement regarding the establishment of area-based management tools, including marine protected areas, or the emergency measure under Article 24(3) of that Agreement shall be formulated on the basis of the best available science and scientific information and, where available, relevant traditional knowledge of indigenous peoples and local communities, following the precautionary approach and an ecosystem approach.

2. Stakeholders, including states and global, regional, subregional and sectoral bodies, as well as civil society, the scientific community, the private sector, indigenous peoples and local communities, shall be consulted, as appropriate, on the development of proposals referred to in this Chapter.

3. Proposals shall include the following key elements in relation to the identified area that is the subject of the proposal:

(a) a geographic or spatial description of the identified area by reference to the indicative criteria specified in Annex I to the BBNJ Agreement;

(b) information on any of the criteria specified in Annex I to the BBNJ Agreement;

(c) human activities taking place in the identified area, including uses by indigenous peoples and local communities, and their possible impact, if any;

(d) a description of the state of the marine environment and biological diversity;

(e) a description of the conservation and, where appropriate, sustainable use objectives that are to be applied to the area;

(f) a draft management plan encompassing the proposed measures and outlining proposed monitoring, research and review activities to achieve the specified objectives;

(g) the duration of the proposed area and measures, if any;

(h) information on any consultations undertaken with states, including adjacent coastal states and/or relevant global, regional, subregional and sectoral bodies, if any;

(i) information on area-based management tools, including marine protected areas, implemented under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies;

(j) relevant scientific input and, where available, traditional knowledge of indigenous peoples and local communities.

4. Member States shall strive to collaborate and share information about proposals, including elements listed in paragraph 3.

Article 18 - Implementation

1. Member States shall ensure that activities under their jurisdiction or control that take place in areas beyond national jurisdiction are conducted in line with the decisions of the Conference of the Parties adopted under Part III of the BBNJ Agreement.

2. Member States shall promote, as appropriate, the adoption of measures under relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies of which they are members, to support the implementation of the decisions and recommendations made by the Conference of the Parties under Part III of the BBNJ Agreement.

Article 19 - Public participation

Member States shall ensure that the public is given the opportunity to participate in the preparation of proposals to establish area-based management tools, including marine protected areas, under Article 15 in accordance with the requirements of Articles 6 and 7 of Directive 2001/42/EC.

Chapter 5 - Final provisions

Article 20 - Competent authorities

1. By xx [the transposition deadline minus four months – OP to insert the date] Member States shall identify the competent authorities that will perform the duties under Chapters 2 to 5 of this Directive and notify these to the Commission.

2. Member States shall ensure that competent authorities performing duties under this Directive have a sufficient number of qualified staff and sufficient financial, technical and technological resources to perform their tasks effectively.

Article 21 - Evaluation, reporting and review

1. By [5 years from the date of entry into force – OP to insert the date], the Commission shall submit a report to the European Parliament and to the Council assessing the extent to which the Member States have taken the necessary measures to comply with this Directive. Member States shall provide the Commission with the necessary information for the preparation of that report.

2. By [3 years after the deadline under para 1 – OP to insert the date], the Commission shall carry out an evaluation of the impact of this Directive [also taking into account any developments under the BBNJ Agreement] and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with the information needed to prepare that report, including a summary of implementation of this Directive and actions taken, and statistical data, with particular attention to environmental impact assessments carried out under Chapter 3. Where necessary, that report shall be accompanied by a legislative proposal.

Article 22 - Transposition

1. Member States shall adopt and publish, by [6 months after entry into force – OP to insert the date] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from […].

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by this reference on the date of their official publication. Member States shall decide how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law that they adopt in the field covered by this Directive.

Article 23 - Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 24 - Addressees

This Directive is addressed to the Member States in accordance with the Treaties.