High Seas Treaty Implementation Takes Shape: PrepCom Prepares Ground for COP1 and Implementation

Key outcomes of PrepCom 3

Over the past two weeks of PrepCom 3, countries have negotiated until the very last moment. At this session, governments were able to make some meaningful progress — subject to formal adoption by the Conference of the Parties (COP) — on key elements needed to operationalise the BBNJ Agreement. A core priority for OceanCare has been the setting up of the Clearing-House Mechanism which is the essential platform for sharing information, data, and knowledge to enhance transparency, coordination, and the effective implementation of the BBNJ Agreement. At PrepCom 3, countries reached a hard-won agreement at the eleventh hour on advancing a prototype for the Clearing-House Mechanism, which is an important step in laying the technical foundation for improved information-sharing to ultimately support the protection of marine life.

While the general dynamics of the PrepCom were constructive and collaborative, a visible shift took place towards the end of the session, at which politicking took center stage. Consequently, countries were unable to find full agreement on several important issues, including on the rules governing the main decision-making body of the Agreement, with some States voicing reservations. These issues will now fall to COP1 to resolve. Unfortunately, efforts to restrict observer participation also remain a worrying development and cast a shadow over the PrepCom process. While the current option is less restrictive than those previously considered, it still introduces uncertainty and risks undermining the BBNJ process’s positive track record on transparency and inclusivity.

The BBNJ Secretariat: Securing an Open and Inclusive Home

One of the key outstanding questions is where the Secretariat of the BBNJ Agreement will be hosted. This is not merely a logistical matter: the choice of host country can significantly influence the Agreement’s day-to-day functioning, as well as the efficiency of coordination and implementation. At its core, the Secretariat must embody neutrality, impartiality, transparency, and accountability to ensure that the BBNJ process remains effective and inclusive.

For civil society, the Secretariat’s inclusivity and collaborative approach are particularly important. The BBNJ process has already benefited greatly from the active engagement of non-state actors, including the scientific community and non-governmental organisations, and maintaining this openness will be essential ensuring the effective implementation of the Agreement. Against this backdrop, the presentations by the three candidates — Belgium, Chile, and the People’s Republic of China — were met with considerable anticipation during PrepCom 3. While the final decision on the location of the Secretariat will be taken at COP1, it is already clear that this choice will have implications for a range of other operational issues currently under discussion.

From PrepCom to COP1

After the three rounds of PrepComs, focus must now shift decisively to implementation. The BBNJ Agreement offers a critical framework to tackle the growing pressures on the ocean, from biodiversity loss and overfishing to threats such as underwater noise and plastic pollution. It enables the creation of marine protected areas on the high seas, mandates environmental impact assessments, and promotes transparency and accountability through mechanisms like the Clearing-House Mechanism.

Fabienne McLellan, Managing Director at OceanCare: “The first Conference of the Parties set to take place in January 2027 is a defining moment for this process to switch gear – an opportunity to move from ambition to action. The decisions taken at COP1 will set the tone for how it delivers in practice, not only for ocean ecosystems and marine species, but for the global community that depends on a healthy ocean. The PrepCom has laid the essential groundwork; the task now is to move from paper to practice and ensure the Agreement delivers the protection the ocean urgently needs.”

Johannes Müller, Ocean Policy Specialist at OceanCare: “The meaningful progress at PrepCom 3 shows that, despite facing increasing challenges, States remain committed to working constructively and collectively to ensure this landmark ocean agreement is effective. At a time of continued geopolitical tensions, the BBNJ process proves that multilateralism still works -bringing countries together to find common ground and deliver real solutions for the global ocean. This spirit of cooperation remains vital to turn the Agreement’s vision into reality and significantly improve the protection of marine life. The first COP must reflect and build on this spirit.”

OceanCare remains dedicated to delivering for marine life

OceanCare will continue to actively follow the BBNJ process, working to ensure it drives real and meaningful change for marine life. With the Agreement setting the vision and legal foundation, and the PrepCom refining the institutional arrangements and processes, the focus now must be on delivering actionable outcomes. OceanCare will continue to join others, namely as a member of the High Seas Alliance, in advocating for effective measures that conserve the ocean and protect the species that depend on it.