Governments have just wrapped up two weeks of discussions in New York at the second Preparatory Commission (PrepCom 2) for the BBNJ Agreement. With the Agreement expected to enter into force as early as January 2026, the focus of this PrepCom was on preparing the institutions, rules, and processes that will be essential for implementation from day one.
PrepCom 2 generally advanced with a spirit of multilateralism and constructive engagement, while illustrating just how much work lies ahead. Delegates worked through draft texts on key institutional issues, including the Scientific and Technical Body (STB), the Clearing-House Mechanism (Cl-HM), financial arrangements, and the Rules of Procedure for the Conference of Parties (COP). While progress was made, many questions on States’ positions on some key issues remain for PrepCom 3.
A highlight of the meeting came when Cabo Verde and St. Kitts and Nevis announced their ratifications of the Agreement from the floor, prompting applause in the room. These new ratifications bring further momentum to the process and underline the growing global commitment to protecting the High Seas and deep seabed.
Getting the institutions ready
One of the Agreement’s most important bodies will be the STB, which will provide scientific and technical advice, review environmental impact assessments, and evaluate proposals for new marine protected areas. While rules and modalities are still under discussion, the current timelines may pose difficulties for the STB to begin its work until possibly the second conference of the parties (CoP2) or later. To ensure timely progress toward global ocean protection targets like 30×30–protecting 30% of the world’s ocean by 2030–it will be important for STB members to be elected at the first Conference of the Parties (CoP), enabling the body to start its work without delay.
The Clearing House Mechanism (Cl-HM) will be the backbone of transparency and cooperation under the BBNJ Agreement, serving as a central hub to share data on environmental impact assessments, marine protected areas, capacity building, and financing. Its role will be critical to ensuring that information flows openly and equitably, allowing all countries to participate effectively in the Agreement’s implementation.
Recognizing this importance, PrepCom 2 devoted significant attention to how the Cl-HM can be established swiftly and effectively. Delegations sought to set up an Informal Expert Group to provide technical guidance, but were unable to reach agreement on its composition by the end of the 2 week meeting. While it is hoped this issue can be addressed in the period before the next Prepcom, in the end the co-chairs received a broad mandate from the room to propose a way forward. This highlighted the bridge-building still needed on the design of limited membership bodies ahead of PrepCom 3.
Still, it was hopeful to see broad recognition by the PrepCom that it is essential for the Cl-HM’s core functions to be operational from entry into force, and that interim arrangements will be required to make this possible.
Financing
Ensuring that the Treaty is properly resourced is vital. Negotiations advanced on financial rules and mechanisms, including the Global Environment Facility (GEF), the Special Fund, and the Voluntary Trust Fund to support participation of developing countries. While some convergence was achieved, important details remain unresolved over how funds will be overseen and disbursed–and will need to be finalized at PrepCom 3 to ensure reliable and inclusive financing.
The need for transparency and inclusivity
One of the most concerning developments at PrepCom 2 relates to proposals that could restrict observer participation in the CoP. At the same time, High Seas Alliance takes heart of the strong and principled opposition to such proposals by a large majority of States. Options under consideration could allow a single country to block observers or not explicitly allow civil society, Indigenous Peoples, scientists, and other parties from submitting written inputs. Such restrictions would undermine transparency and run counter to the Treaty text, which explicitly requires that participation “shall not be unduly restrictive.” The High Seas Alliance is calling for clear rules that guarantee meaningful observer participation, in line with the Treaty’s text and best international practice, which was echoed by many delegations on the floor.
Cooperation with other bodies
The Agreement requires governments to cooperate with existing institutions, bodies and frameworks (IFBs), such as regional fisheries management organizations (RFMOs) and other international organizations, many of which were present and actively engaging at PrepCom 2. New proposals to change the language of the Rules of Procedure–that would add unnecessary legal hurdles and risk delaying action–were met with opposition, and with constructive engagement from many RFMOs. The focus now must be on practical ways to accelerate progress. For example, the Conference of Parties could adopt clear consultation processes and protocols, set firm deadlines for IFB responses, and authorize subsidiary bodies such as the STB to consult directly with IFBs. These steps would enable meaningful and timely collaboration, preventing delays from slow decision cycles.
What are the next steps?
PrepCom 2 marked another step toward building the framework needed for the BBNJ Agreement to succeed, but much work lies ahead. Observer participation, readiness of institutions such as the STB and Cl-HM, and sustainable financing will be critical to resolve before the first Conference of the Parties.
It’s important to remember that no formal decisions are taken at PrepCom meetings. PrepCom will make recommendations at its last meeting (PrepCom3 from March 23 to April 2 2026), which CoP1 will then consider and adopt. In the meantime, delegations re-affirmed their trust in the co-chairs and the interim-Secretariat to set up interim arrangements so that the Treaty is ready to deliver real protection for the ocean the moment it enters into force.
The High Seas Alliance will continue working with governments and stakeholders to keep momentum strong, ensure inclusivity, and lay the foundations for effective implementation of this landmark Treaty.
For more news on PrepCom 2, visit the Treaty Tracker.
