Second PrepCom Session Concludes – Demonstrating Effective Multilateralism
From 18 to 29 August 2025, countries gathered at United Nations Headquarters in New York for the second session of the Preparatory Commission (PrepCom) for the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement), focusing on advancing the groundwork for its implementation.
Following the recent failure to conclude Plastic Treaty negotiations in Geneva earlier this month, there was an even stronger sense of urgency to continue the constructive discussions begun at the first PrepCom session in April 2025.
Strong support and growing momentum
As of August 2025, the BBNJ Agreement has 141 signatories and 54 ratifications (plus the EU), with Cabo Verde and St. Kitts and Nevis most recently joining the growing number of States that have formally ratified. The Agreement will enter into force 120 days after the sixtieth ratification, potentially as early as 2026. This swift pace shows strong global backing but underscores the urgency of agreeing on the steps to make it work in practice.
Turning legal framework into action
While the Agreement sets the vision and legal foundation for protecting marine biodiversity, many important details of how it will work in practice remain open. This is particularly important for the institutions created by the Agreement that will play a key role in its implementation. The PrepCom therefore has the important task of building the institutional foundation that will drive the Agreement’s implementation, as well as the rules and processes that will allow it to function effectively.
Progress on key issues
Over the past two weeks, delegations discussed a wide range of matters, including the rules of procedure for the Conference of the Parties – the Agreement’s main decision-making body – as well as arrangements for the Secretariat (including its seat), funding mechanisms, and cooperation with relevant legal instruments, frameworks, and bodies.
Countries built on the constructive momentum from the first PrepCom session, held earlier this year in April. Civil society organisations, including OceanCare, emphasised the need for transparency and inclusive participation. Most governments supported this approach, recognising its important role in making implementation credible and effective. However, some worrying proposals were made that would allow one country to block observer participation. Inclusive and open observer participation, which has been a key pillar of the BBNJ process, remains a core priority for OceanCare as we head into the third PrepCom session in early 2026.
Operationalising the Clearing-House Mechanism (CLHM) was another priority. This platform will facilitate information-sharing and forms the backbone of transparency and cooperation under the Agreement. With the Agreement potentially entering into force early in 2026, the establishment of at least interim measures was seen as urgent and was advocated for by OceanCare during the side event in the first week, co-hosted with the Natural Resources Defense Council (NRDC) and the High Seas Alliance (HSA).
The road ahead
The Ocean beyond national jurisdiction, covering nearly half the planet, belongs to all of us and is vital for climate regulation and supporting healthy marine biodiversity.
Yet, it has long been vulnerable to overuse, pollution, and the escalating impacts of climate change. The BBNJ Agreement, nearly two decades in the making, can help tackle these issues and improve as well as strengthen the protection of marine biodiversity. Beyond conservation, the Agreement also demonstrates that multilateralism can still deliver, offering hope when international cooperation is increasingly challenged.
With at least one more PrepCom session – scheduled to start in March 2026 – it is crucial that countries maintain a conservation-focused approach to negotiate the structures and processes needed to implement the Agreement effectively. With the potential first Conference of the Parties set to take place in late 2026, it is important that the PrepCom is successful in laying the foundation for the successful implementation of the Agreement. The future of the Ocean depends on it.
