Delegations remain divided on the wording around the definition of an EIA. The facilitator reported that the working group on “strategic environmental assessment” (SEA) proposed to proceed without a definition of this term. One of the major remaining issues in relation to EIAs is the impact versus activity-based approach in relation to the obligation to conduct EIAs, and the opt-in mechanism which have not yet been resolved. A central question around whether there should be a tiered approach to EIAs, and if so, what should constitute the tiers, is still being discussed. States remain divided on decision making regarding EIAs, and in particular whether the bodies established under the BBNJ agreement would have a role, and the extent of that role. There also remains an outstanding question on whether SEA should be voluntary or mandatory, or a compromise between the two.
