The Facilitator reported back on informal-informals on cross cutting for Preamble, with delegations making proposals to list the impacts of climate change and include plastic pollution in the text recognising the need to address biodiversity loss and degradation. There was strong support for a suggestion to refer to “humankind” rather than “mankind” with only one delegation not sharing this view. Suggestions were also made on how to refer to the rights of Indigenous and local peoples and to harmonise the language in referring to the Convention and the operative part of the Agreement. Various proposals were made to include references to common heritage and freedom of the high seas, either together or separately, and although there was some compromise, delegations could not agree on an approach. 

During cross cutting on Institutional Arrangements focussed on Article 48, Conference of Parties (CoP), and Article 49, Scientific and Technical Body (STB). With regards to the CoP, there was general agreement on where the CoP should meet, with one regional group reserving their position as it is linked to the Secretariat. Several delegations expressed their strong preference for consensus to be the sole decision making modality for the adoption of both the rules and procedures and financial rules of the CoP. Likewise, in relation to wording around the functions of the CoP, differing views remain on whether a CoP budget should be adopted by consensus. Regarding the STB in Article 49, agreement was reached on wording around the inclusion of traditional knowledge.   

Cross cutting informal-informals on Implementation and compliance and Dispute settlement focussed on Part 9, Dispute settlement. Discussions continued on Article 55, Procedures for the settlement of disputes and agreement had yet to be reached, with three options being discussed. The Facilitator has made a recommendation to the President for a selected option with adjusted final text.