cbd/sbstta/24/inf/41 - Convention on Biological Diversity

CBD

Distr.

GENERAL

CBD/SBSTTA/24/INF/41

26 March 2022

ENGLISH ONLY

SUBSIDIARY BODY ON SCIENTIFIC,

TECHNICAL AND TECHNOLOGICAL ADVICE

Twenty-fourth meeting (resumed)

Geneva, Switzerland, 14-29 March 2022

Agenda item 6

PROPOSALS SUBMITTED BY PARTIES AND OBSERVERS ECOLOGICALLY OR

BIOLOGICALLY SIGNIFICANT MARINE AREAS UNDER AGENDA ITEM 6 OF THE

TWENTY-FOURTH MEETING OF THE SUBSIDIARY BODY ON SCIENTIFIC, TECHNICAL

AND TECHNOLOGICAL ADVICE* **

The Subsidiary Body on Scientific, Technical and Technological Advice recommends that the

Conference of the Parties at its fifteenth meeting adopt a decision along the following lines:

The Conference of the Parties,

Reaffirming Article 22 of the Convention as well as decisions X/29, XI/17, XII/22, XIII/12 (in

particular paragraph 3) and 14/9 of the Conference of the Parties on ecologically or biologically significant

marine areas,

SUBMISSIONS FROM PARTIES

Argentina

new para

Recalling that the United Nations Convention on the Law of the Sea sets out the legal framework within

which all activities in the oceans and seas must be carried out.

* This annex comprises a collated compilation of submissions provided by Parties and observers on CBD/SBSTTA/24/CRP.4/Rev.1

(“Ecologically or biologically significant marine areas”) under agenda item 6 of the twenty-fourth meeting of the Subsidiary Body

on Scientific, Technical and Technological Advice. These submissions were provided to the Secretariat in response to an invitation

of the Chair of the Subsidiary Body on 25 March 2022. ** It was understood that this practice would not set a precedent for the future but was a response to the extraordinary circumstances

resulting from the limitations on in-person meetings caused by the COVID-19 pandemic, the need to urgently negotiate the

post2020 global biodiversity framework and the need to schedule a meeting in consideration of delegates who participated in the

recent 4th session of the Intergovernmental conference on marine biodiversity in areas beyond national jurisdiction (BBNJ ICG4).


Brazil

Reaffirming Articles 4 and 22 of the Convention as well as decisions X/29, XI/17, XII/22, XIII/12 (in


marine areas,

China

Reaffirming Articles 4 and 22 of the Convention as well as decisions X/29, XI/17, XII/22, XIII/12 (in


marine areas,

Recalling United Nations General Assembly resolution 75/239 on oceans and the law of the sea

and its preambular paragraphs on the United Nations Convention on the Law of the Sea,1


Argentina

On footnote

Parties to the Convention on Biological Diversity which are not a Party to the United Nations Convention

on the Law of the Sea, 1982 reaffirm [that the United Nations Convention on the Law of the Sea is not the

only legal instrument governing all of the activities carried out in the oceans and seas.] their participation

in this conference does not affect their status or rights, nor can it be interpreted as their tacit or express

acceptance of the provisions of the United Nations Convention on the Law of the Sea.

Belgium

On footnote 1 Parties to the Convention on Biological Diversity which are not a Party to the United Nations Convention

on the Law of the Sea, 1982 reaffirm that the United Nations Convention on the Law of the Sea is not the

only legal instrument governing all of the activities carried out in the oceans and seas. Their participation


acceptance of the provisions of the United Nations Convention on the Law of the Sea.

Open to discuss footnote with similar language as the one proposed at COP14.

Finland





acceptance of the provisions of the United Nations Convention on the Law of the Sea. The EU as a

compromise is open to discuss the inclusion of identical footnotes as those of the COP14 decision, only if

requested by interested third countries.

France

On footnote

1 Parties to the Convention on Biological Diversity which are not a Party to the United Nations Convention on the Law of the

Sea, 1982 reaffirm that the United Nations Convention on the Law of the Sea is not the only legal instrument governing all of the

activities carried out in the oceans and seas. Their participation in this conference does not affect their status or rights, nor can it

be interpreted as their tacit or express acceptance of the provisions of the United Nations Convention on the Law of the Sea.


1 Parties to the Convention on Biological Diversity which are not a Party to the United Nations Convention




acceptance of the provisions of the United Nations Convention on the Law of the Sea. The EU as a

compromise is open to discuss the inclusion of identical footnotes as those of the COP14 decision, only if

requested by interested third countries.

Greece





acceptance of the provisions of the United Nations Convention on the Law of the Sea. Greece does not

agree with the insertion of this footnote, because it undermines the UNCLOS and its universal character.

Turkey

Position: We would like to take this opportunity to reaffirm that Türkiye supports the general intent of the

UN Convention on the Law of the Sea, and only with the exception of its Articles 3, 33 and 121, agrees

with all its provisions, including particularly those related to the protection of the marine environment and

sustainable use of oceans and their resources. We acknowledge the position of those States that attach

importance to protecting the integrity of UN Convention of the Law of the Sea in the process for the

modification of existing EBSAs and the description of the new EBSAs. On the other hand, it is equally

important to be open to ideas and proposals that will create enabling conditions for fully integrating all

Parties to the new processes for modification and description of EBSAs under the UN CBD, regardless of

their non-Party status to the UN Convention on the Law of the Sea. In this regard, we endorse footnote 1.

UK

Recalling United Nations General Assembly resolution 75/239 on oceans and the law of the sea and its

preambular paragraphs on the United Nations Convention on the Law of the Sea,2

Reiterating the important role of the General Assembly of the United Nations in addressing issues

relating to the conservation and sustainable use of biodiversity in marine areas beyond national jurisdiction,


China

Reiterating the central important role of the General Assembly of the United Nations in addressing issues

relating to the conservation and sustainable use of biodiversity in marine areas beyond national jurisdiction,

(Justification: Suggest to keep consistent with the expressions in resolutions of 75/239 of UNGA and

resolutions X/29, XII/22 and XIV/9 of the Convention in relation to the roles of the UNGA, and reuse the

word replace the word “Central”.)

Sri Lanka

Reiterating the important role of the General Assembly of the United Nations in addressing issues relating

to the conservation, restoration and sustainable use of biodiversity in marine areas beyond national

jurisdiction,


UK

Reiterating the important role of the General Assembly of the United Nations in addressing issues relating

to the conservation and sustainable use of biodiversity in marine areas beyond national jurisdiction,

Noting the negotiations under way in the intergovernmental conference on an international legally

binding instrument under the United Nations Convention on the Law of the Sea on the conservation and

sustainable use of marine biological diversity of areas beyond national jurisdiction, following United

Nations General Assembly resolution 72/249,


Brazil

Noting the negotiations under way in the intergovernmental conference on an international legally binding

instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable

use of marine biological diversity of areas beyond national jurisdiction, following United Nations General

Assembly resolution 72/249,

China

New para

[Noting the report of the Preparatory Committee established by resolution 69/292 of the United Nations

General Assembly and the recommendations contained therein which includes among others the process in

relation to area-based management tools, including standards and criteria in identification of marine

protected areas, designation process, implementation, and monitoring and review,]

New para

[Also noting the International Maritime Organization (IMO), the Food and Agriculture Organization of the

United Nations (FAO)and the International Seabed Authority (ISA), serving as international organizations

responsible for high seas’ shipping, fisheries and mining activities in the Area, for describing and

designating marine areas beyond national jurisdiction in need of conservation,]

Malaysia

New para

Recognizing that no action or activity taken on the basis of this document shall be interpreted or considered

as prejudicing the position of State Parties on a land or maritime sovereignty dispute or a dispute concerning

the delimitation of maritime areas. The description of marine areas meeting the criteria for ecologically or

biologically significant marine areas does not imply the expression of any opinion whatsoever concerning

the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of

its frontiers or boundaries. Nor does it have economic or legal implications; it is strictly a scientific and

technical exercise.

--

Malaysia is in the opinion that for this document to be fully accepted and endorsed, there is a need to assure

Parties on the acknowledgement of sovereignty, sovereign rights and jurisdiction of States. Therefore,

Malaysia would like to suggest that footnote 3 on page 1 of the Document to be inserted in the Preambular

text after the fourth Preambular text:


UK

Noting the negotiations under way in the intergovernmental conference on an international legally binding

instrument under the United Nations Convention on the Law of the Sea on the conservation and

sustainable use of marine biological diversity of areas beyond national jurisdiction, under the United

Nations Convention on the Law of the Sea, following United Nations General Assembly resolution

72/249,

1. Expresses its appreciation to the Governments of Belgium and Germany for supporting

the organization of the Expert Workshop to Identify Options for Modifying the Description of Ecologically

or Biologically Significant Marine Areas and Describing New Areas, and welcomes the report of the

workshop;2


Brazil

New para before para 1

1. Welcomes the negotiations under way in the intergovernmental conference on an international legally

binding instrument under the United Nations Convention on the Law of the Sea on the conservation and

sustainable use of marine biological diversity of areas beyond national jurisdiction, following United

Nations General Assembly resolution 72/249;

China

1. Expresses its appreciation to the Governments of Belgium and Germany for supporting the

organization of the Expert Workshop to Identify Options for Modifying the Description of Ecologically or

Biologically Significant Marine Areas and Describing New Areas, and welcomes takes note of the report

of the workshop;

2. Endorses annexes to the present decision addressing modalities for modifying descriptions

of ecologically or biologically significant marine areas (EBSAs) and for describing new areas, encourages

Parties and invites other Governments to implement these modalities, while fully respecting the sovereignty,

sovereign rights and jurisdiction of States and requests the Executive Secretary to facilitate the

implementation of these modalities;3,4


Argentina

On footnote

2 CBD/EBSA/WS/2020/1/2. 3 No action or activity taken on the basis of this document shall be interpreted or considered as prejudicing the position of State

Parties on a land or maritime sovereignty dispute or a dispute concerning the delimitation of maritime areas. The description of

marine areas meeting the criteria for ecologically or biologically significant marine areas does not imply the expression of any

opinion whatsoever concerning the legal status of any country, territory, city or area or of its authorities, or concerning the

delimitation of its frontiers or boundaries. Nor does it have economic or legal implications; it is strictly a scientific and technical

exercise. 4 [Nothing in this document can be interpreted as prejudicing developments under the United Nations Convention on the Law of

the Sea.]


[Nothing in this document can be interpreted as prejudicing developments under the United Nations

Convention on the Law of the Sea.]

Belgium

On footnote 1 No action or activity taken on the basis of this document shall be interpreted or considered as prejudicing

the position of State Parties on a land or maritime sovereignty dispute or a dispute concerning the

delimitation of maritime areas. The description of marine areas meeting the criteria for ecologically or

biologically significant marine areas is strictly a scientific and technical exercise and is not and cannot be

interpreted as does not imply the expression of any opinion whatsoever concerning the legal status of any

country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or

boundaries. Nor does it have economic or legal implications; it is strictly a scientific and technical exercise.

Brazil

2. [Endorses] annexes to the present decision addressing modalities for modifying descriptions of

ecologically or biologically significant marine areas (EBSAs) and for describing new areas,

encouragesinvites Parties and invites other Governments to implement these modalities, while fully

respecting the sovereignty, sovereign rights and jurisdiction of States and requests the Executive Secretary

to facilitate the implementation of these modalities;5,6

China

New para

[Notes that no action or activity taken on the basis of this document shall be interpreted or considered as

prejudicing the position of State Parties on a land or maritime sovereignty dispute or a dispute concerning

the delimitation of maritime areas, and further notes that the description of marine areas meeting the criteria

for ecologically or biologically significant marine areas does not imply the expression of any opinion

whatsoever concerning the legal status of any country, territory, city or area or of its authorities, or

concerning the delimitation of its frontiers or boundaries, nor does it have economic or legal implications;

it is strictly a scientific and technical exercise.]

New para

[Also notes that nothing in this document can be interpreted as prejudicing developments under the United

Nations Convention on the Law of the Sea.]

Finland








France









Greece






its frontiers or boundaries. Nor does it have economic or legal implications; it is strictly a scientific and

technical exercise.

--

Regarding footnote 3, Greece believes that the first sentence of the footnote (“No action or activity taken

on the basis of this document shall be interpreted or considered as prejudicing the position of State Parties

on a land or maritime sovereignty dispute or a dispute concerning the delimitation of maritime areas”) has

no added value and should be put within brackets. The second sentence “The description of marine areas…”

is the clause always inserted in the decisions and adequately addresses the concerns of all states.

Republic of Korea

2. [Endorses] Takes note of annexes to the present decision addressing modalities for modifying

descriptions of ecologically or biologically significant marine areas (EBSAs) and for describing new areas,

encourages Parties and invites other Governments to implement these modalities, while fully respecting the

sovereignty, sovereign rights and jurisdiction of States and requests the Executive Secretary to facilitate the

implementation of these modalities;5,6

Singapore

On footnote

It is critical to retain footnote 3 within the draft recommendation, so that the contents of footnote 3 apply

to all of the Annexes. The description and modification of EBSAs is a scientific and technical exercise

which is without prejudice to issues of territorial sovereignty or maritime delimitation.

Turkey

2. [Takes note of] [Endorses] annexes to the present decision addressing modalities for modifying

descriptions of ecologically or biologically significant marine areas (EBSAs) and for describing new areas,

encourages Parties and invites other Governments to implement these modalities, while fully respecting the

sovereignty, sovereign rights and jurisdiction of States and requests the Executive Secretary to facilitate the

implementation of these modalities;3,4 4 [Nothing in this document can be interpreted as prejudicing developments under the United Nations

Convention on the Law of the Sea.]

--

Position: We would like to change the word “endorses” with “takes note of”.

We emphasize the decision 12 of the 13th meeting of the Conference of the Parties to the Convention on

Biological Diversity, in particular its paragraph 3, which reaffirms the sovereignty of coastal States over

their territorial sea, as well as their sovereign rights and jurisdiction in the exclusive economic zone and

continental shelf, as well as the rights of other States in these areas, in accordance with international law,

including the United Nations Convention on the Law of the Sea, and recognizes that the sharing of the

outcomes of the process under the Convention for the description of areas meeting the criteria for

ecologically or biologically significant marine areas does not prejudice the sovereignty, sovereign rights or

jurisdiction of coastal States, or the rights of other States.


In line with decision 12 of the 13th Meeting of the Conference of the Parties, Türkiye endorses footnote 3.

Moreover, Türkiye thinks that there is no need for footnote 4 since there is no hierarchy between the UN

Convention on the Law of the Sea and the UN Convention on Biological Diversity. Indeed, the UN

Convention on Biological Diversity is more universal in character due to the fact that it has 196 Parties,

while the Latter has 167 Parties.

UK

On footnote

3 No action or activity taken on the basis of this document shall be interpreted or considered as prejudicing





its frontiers or boundaries, n. Nor does it have economic or legal implications.; iIt is strictly a scientific and

technical exercise. No action or activity taken on the basis of this document is to be interpreted or

considered as prejudicing

3. Decides to extend the term of the Informal Advisory Group on Ecologically or Biologically

Significant Marine Areas, and also decides to include in the terms of reference of the Informal Advisory

Group the tasks and responsibilities of a “relevant expert advisory body” in the context of modalities for

modifying the descriptions of ecologically or biologically significant marine areas and describing of new

areas, as outlined in the annexes to the present decision;5


Brazil






China






--

Justification: The Informal Advisory Group on Ecologically or Biologically Significant Marine Area

should conduct its work within the jurisdictional scope of the Convention. The proposed TOR of a “relevant

expert advisory body” goes beyond the scope of Informal Advisory Group specified in resolution XIII/12

and should be further reviewed along with the extension of the term of the IAG

5 The terms of reference for the “relevant expert advisory body” will be considered for adoption by the Conference of the Parties

at its fifteenth meeting on the basis of a draft prepared by the Executive Secretary, taking into account annex III of decisions

XIII/12 and 14/9 on the terms of reference of the Informal Advisory Group on Ecologically or Biologically Significant Marine

Areas, in the context of modalities for modifying descriptions of ecologically or biologically significant marine areas and

describing new areas, as outlined in the annexes to this recommendation.


Turkey

[3. Decides to extend the term of the Informal Advisory Group on Ecologically or Biologically Significant

Marine Areas, and also decides to include in the terms of reference of the Informal Advisory Group the

tasks and responsibilities of a “relevant expert advisory body” in the context of modalities for modifying

the descriptions of ecologically or biologically significant marine areas and describing of new areas, as

outlined in the annexes to the present decision;5]

[5The terms of reference for the “relevant expert advisory body” will be considered for adoption by the

Conference of the Parties at its fifteenth meeting on the basis of a draft prepared by the Executive Secretary,

taking into account annex III of decisions XIII/12 and 14/9 on the terms of reference of the Informal

Advisory Group on Ecologically or Biologically Significant Marine Areas, in the context of modalities for

modifying descriptions of ecologically or biologically significant marine areas and describing new areas,

as outlined in the annexes to this recommendation.]

--

Position: Türkiye would like to ask for further clarification on the following:

- What will be task of relevant expert advisory body? What will be its terms of reference?

- What will be the difference between the Informal Advisory Group and relevant expert advisory

body?

Türkiye is of the view that the terms of reference of the relevant expert advisory body should have been

submitted beforehand and discussed during the SBSSTA-24. Hence Türkiye thinks that Paragraph 3 and

footnote 5 should be bracketed. n this regard, Türkiye proposes the Secretariat to create an intersessional

work group under the UN CBD regarding the terms of reference of the relevant expert advisory body.

4. Requests the Executive Secretary to develop voluntary guidelines on peer-review processes

for the identification of areas meeting the EBSA criteria and other relevant compatible and complementary

scientific criteria, for the consideration of the Subsidiary Body on Scientific, Technical and Technological

Advice and the Conference of the Parties;


Brazil

4. Requests the Executive Secretary, under the guidance of the Bureau of SBSTTA, to develop

voluntary guidelines on peer-review processes for the identificationdescription of areas within national

jurisdiction meeting the EBSA criteria and other relevant compatible and complementary scientific criteria,

for the consideration of the Subsidiary Body on Scientific, Technical and Technological Advice and the

Conference of the Parties;

Canada

4. Requests the Executive Secretary to develop voluntary guidelines on peer-review processes for the

identification of areas meeting the EBSA criteria and other relevant compatible and complementary

scientific criteria, for thesubsequent consideration byof the Subsidiary Body on Scientific, Technical and

Technological Advice and prior to the sixteenth meeting of the Conference of the Parties;

Sri Lanka

4. Requests the Executive Secretary to develop voluntary guidelines and training modules for capacity

development on peer-review processes for the identification of areas meeting the EBSA criteria and other

relevant compatible and complementary scientific criteria, for the consideration of the Subsidiary Body on

Scientific, Technical and Technological Advice and the Conference of the Parties;


5. Encourages Parties to take into consideration the scientific aspects of the EBSA process in

the deliberations of the Intergovernmental Conference on an International Legally Binding Instrument

under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of

Marine Biological Diversity of Areas beyond National Jurisdiction.


Argentina

Delete para 5

Brazil

5. Encourages Parties to take into consideration the scientific aspects of the experience of EBSA

description process in the deliberations of the Intergovernmental Conference on an International Legally

Binding Instrument under the United Nations Convention on the Law of the Sea on the Conservation and

Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.

Canada

5. Encourages all Parties to take into consideration the scientific aspects of the EBSA process in the

deliberations of the Iintergovernmental Cconference on an Iinternational Llegally Bbinding Iinstrument

under the United Nations Convention on the Law of the Sea on the Cconservation and Ssustainable Uuse

of Mmarine Bbiological Ddiversity of Aareas beyond Nnational Jjurisdiction.

New para

6. Requests the Executive Secretary and invites the Executive Secretary of the United Nations to

explore options for further strengthening exchange of information and cooperation to support efforts to

conserve and sustainably use marine and coastal biodiversity and to implement the post-2020 global

biodiversity framework with respect to issues related to marine and coastal biodiversity.

Chile

New para

6. Invites Parties and other Governments to take into account the objectives, processes, results, and

location of the EBSAS when analyzing the risks and implications of deep-sea mining in the context of the

International Seabed Authority.

China

Delete para 5

--

Justification: the CBD cannot prejudge or prejudice the negotiation process.

New para

[Encourages further collaboration and information-sharing among the Secretariat of the Convention on

Biological Diversity, the Food and Agriculture Organization of the United Nations, the International

Maritime Organization and the International Seabed Authority, as well as regional fishery bodies, regional

seas conventions and actions plans, and other relevant international organizations, regarding the use of

scientific information on ecological and biological features related to ecologically or biologically

significant marine areas as one of the key pieces of information that can be used, inter alia, for guidance


regarding area-based management tools, with a view to contributing to the achievement of the post-2020

global biodiversity framework and relevant Sustainable Development Goals;]

UK

3. Encourages Parties to take into consideration the scientific aspects of the EBSA process in the

deliberations of the Intergovernmental Conference on an International Legally Binding Instrument under

the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine

Biological Diversity of Areas beyond National Jurisdiction, under the United Nations Convention on the

Law of the Sea.

Annex I

GENERAL CONSIDERATIONS IN THE MODIFICATION OF DESCRIPTIONS OF

ECOLOGICALLY OR BIOLOGICALLY SIGNIFICANT MARINE AREAS AND THE

DESCRIPTION OF NEW AREAS

1. Those who develop and submit proposals for the modification of EBSA descriptions and the

description of new EBSAs are encouraged to consider:

(a) Collaboration with relevant organizations, experts and knowledge holders, including

indigenous peoples and local communities, as holders of traditional knowledge, with their prior and

informed consent or free, prior and informed consent or approval and involvement, in accordance with

national circumstances and legislation and international obligations;

(b) A strong scientific basis as well as the importance of transparency;

(c) Regional dimensions of marine and coastal ecosystems and their ecological and biological

features and processes, including regional differences in data availability, as well as collaboration across

regions.


Belgium

(a) Collaboration with relevant organizations, experts and knowledge holders, including indigenous peoples

and local communities, as holders of traditional knowledge, with free, prior and informed consent, in

accordance with UNDRIP;

Finland

(a) Collaboration with relevant organizations, experts and knowledge holders, including indigenous

peoples and local communities, as holders of traditional knowledge, with their prior and informed consent

or free, prior in accordance with UNDRIP and informed consent or approval and involvement, in

accordance with national circumstances and legislation and international obligations;

Sri Lanka

(a) Collaboration with relevant governments, organizations (international, regional and national),

experts and knowledge holders, including indigenous peoples and local communities, as holders of

traditional knowledge, with their prior and informed consent or free, prior and informed consent or approval

and involvement, in accordance with national circumstances and legislation and international obligations;

(b) A strong scientific basis with sufficient data and information as well as the importance of

transparency;


[2. Any existing or proposed EBSA causing concerns of States on a land or maritime sovereignty

dispute or a dispute concerning the delimitation of marine areas shall be modified.]

[2. alt [The description of marine areas meeting the criteria for ecologically or biologically significant

marine areas does not imply the expression of any opinion whatsoever concerning the legal status of any


boundaries, nor does it have economic or legal implications. It is strictly a scientific and technical exercise.]

No action or activity taken on the basis of this document shall be interpreted or considered as prejudicing

the position of States Parties on a land or maritime sovereignty dispute or a dispute concerning the

delimitation of maritime areas.]


Argentina

Delete para 2





[No action or activity taken on the basis of this document shall be interpreted or considered as prejudicing


delimitation of maritime areas].

Belgium

Delete para 2 and 2alt

Canada

Delete para 2

China

Delete para 2







delimitation of maritime areas.] An existing EBSA causing concerns of State Parties on a land or maritime

sovereignty dispute or a dispute concerning the delimitation of maritime areas shall be modified; and any

description of EBSAs causing concerns of State Parties on a land or maritime sovereignty dispute or a

dispute concerning the delimitation of maritime areas shall not be included in the report for consideration

by the SBSTTA and the Conference of the Parties.

Ecuador

Delete para 2








delimitation of maritime areas.]

Finland

Delete para 2 and 2 alt

Greece

Delete para 2 and 2 alt

These proposals trigger serious institutional problems and should be deleted.

Japan

Delete para 2

--

The description work of EBSAs is a scientific exercise, and according to the footnote three, “No action or

activity taken on the basis of this document shall be interpreted or considered as prejudicing the position of

State Parties on a land or maritime sovereignty dispute or a dispute concerning the delimitation of maritime

areas.” Japan proposes to delete para two in order to align with the footnote three.

Peru

Delete para 2

Republic of Korea

Delete para 2

2 alt. bis. Notwithstanding 2 alt, in any case a State has concerns caused by any existing or proposed EBSA

on land or maritime sovereignty or the delimitation of marine areas, the State can notify the Secretariat of

such concern. Immediately upon such notification, the EBSA description in question shall not be included

in both the repository and the information-sharing mechanism until the concern is fully addressed through

consultation between related States.

South Africa (on behalf of the African Group)

Delete para 2







delimitation of maritime areas.] Africa supports this text but it is unnecessary here if footnote 3 is

retained

UK

Delete para 2





boundaries, nor does it have economic or legal implications. It is strictly a scientific and technical

exercise.] No action or activity taken on the basis of this document shall is to be interpreted or considered

as prejudicing the position of States Parties on a land or maritime sovereignty dispute or a dispute

concerning the delimitation of maritime areas.]

3. Any and all action taken on the basis of this document shall be considered strictly a scientific and

technical exercise and shall not have any socioeconomic implications.


UK

3. Any and all action taken on the basis of this document shall be considered strictly a scientific and

technical exercise and shall not have any socioeconomic implications.

Annex II

REPOSITORY AND INFORMATION-SHARING MECHANISM FOR ECOLOGICALLY OR

BIOLOGICALLY SIGNIFICANT MARINE AREAS

1. The EBSA repository is to contain:

(a) Descriptions of areas meeting the EBSA criteria that were considered and endorsed by the

Conference of the Parties, and which the Conference of the Parties requested the Executive Secretary to

include in the repository and transmit to the United Nations General Assembly [for information] and its

relevant processes as well as to relevant international organizations.


Belgium

(a) Descriptions of areas meeting the EBSA criteria that were considered by the Conference of the Parties,

and which the Conference of the Parties requested the Executive Secretary to include in the repository and

transmit to the United Nations General Assembly for information and its relevant processes as well as to

relevant international organizations.

Ecuador





Finland






Japan

1. The repository of international EBSAs repository is to contain:

--

We understand that this repository is only for the EBSAs that were considered and endorsed by the COP.

To make this role clear, we propose to replace this repository name by “Repository of international EBSAs”.

We therefore request for similar replacement through all the annexes of the CRP.

(b) Previous versions of EBSA descriptions that were in the repository, in cases where the descriptions

have been modified [by a decision of the Conference of the Parties], including information on the modality

by which the EBSA description was initially included in the repository.

UK





2. The EBSA information-sharing mechanism is to contain:

(a) Links to national processes and information pertaining to areas meeting the EBSA criteria

and other relevant compatible and complementary nationally agreed scientific criteria within national

jurisdiction that were provided as information for the Subsidiary Body on Scientific, Technical and

Technological Advice and the Conference of the Parties;

(b) Reports of the CBD regional workshops to facilitate the description of EBSAs;

(c) Guidance related to the application of the EBSA criteria and the use of EBSA information;

(d) Other relevant scientific and technical information and other forms of knowledge,

[including the indigenous and local knowledge of indigenous peoples and local communities with their

prior and informed consent, free, prior and informed consent or approval and involvement, where

appropriate,] related to areas described as meeting the EBSA criteria;

(e) Information and experience relating to the application of other relevant and complementary

intergovernmentally agreed scientific criteria;

(f) Previous versions of EBSA descriptions that were in the repository, in cases where the

descriptions have been modified [by a decision of the Conference of the Parties], including information on

the modality by which the EBSA description was initially included in the repository.


Canada

(d) Other relevant scientific and technical information and other forms of knowledge, [including the

indigenous and local knowledge of indigenous peoples and local communities with their prior and informed

consent, or free, prior and informed consent or approval and involvement, where appropriate,] related to

areas described as meeting the EBSA criteria;

Ecuador

(d) Other relevant scientific and technical information and other forms of knowledge, [including the

indigenous and local knowledge of indigenous peoples and local communities with their prior and informed


consent, free, prior and informed consent or approval and involvement, where appropriate,] related to areas

described as meeting the EBSA criteria;

(f) Previous versions of EBSA descriptions that were in the repository, in cases where the

descriptions have been modified [by a decision of the Conference of the Parties], including information on

the modality by which the EBSA description was initially included in the repository.

Japan

2. The EBSA information-sharing mechanism of national EBSAs and similar areas is to contain:

--

We understand that this information-sharing mechanism is only for the areas meeting the EBSA criteria

and other relevant compatible and complementary nationally agreed scientific criteria within national

jurisdiction. To make this role clear, we propose to replace this information-sharing mechanism name by

“Information-sharing mechanism of national EBSAs and similar areas”. We therefore request for similar

replacement through all the annexes of the CRP.

(f) Previous versions of EBSA descriptions that were in the repository, in cases where the descriptions

have been modified [by a decision of the Conference of the Parties], including information on the modality

by which the EBSA description was initially included in the repository.

Republic of Korea

(a) Links to national processes and information pertaining to areas meeting the EBSA criteria and other

relevant compatible and complementary nationally agreed scientific criteria within national jurisdiction that

were provided as information for the Subsidiary Body on Scientific, Technical and Technological Advice

and the Conference of the Parties Web links to national mechanisms, to be decided by each State, that

contain EBSA descriptions within national jurisdiction which were not considered by the Conference of the

Parties;

--

We propose that the information-sharing mechanism contains web links to national description of EBSAs

that were not considered by COP, so that we can address the rights of States to describe their own EBSAs

but at the same time make sure the repository and information-sharing mechnism differ in their uses and

functions

(g) Reports, information, and their changes in the EBSA repository contained in accordance with Annex II

1.(a);

--

We would like to include the information in the repository to be also covered by the information-sharing

mechanism so that the information-sharing mechansim can work as a more user-friendly platform

UK

(a) Previous versions of EBSA descriptions that were in the repository, in cases where the

descriptions have been modified [by a decision of the Conference of the Parties], including information

on the modality by which the EBSA description was initially included in the repository.

SUBMISSIONS FROM OBSERVERS

IIFB (supported by Denmark)

(d) Other relevant scientific and technical information and other forms of knowledge, including

indigenous and local traditional knowledge of IPLCs with their FPIC, prior and informed consent or

approval and involvement, where appropriate, related to areas described as meeting the EBSA criteria;


Annex III

REASONS FOR MODIFICATION OF DESCRIPTIONS OF ECOLOGICALLY OR


1. Reasons for the modification of an EBSA description (which can entail a modification to the textual

description of the EBSA, [including its name,] a modification to the ranking of the area against the EBSA

criteria and/or a change in the location, shape and/or size of the EBSA) are:

(a) Newly available/accessible knowledge, including scientific and traditional knowledge, on

features associated with an EBSA;

(b) Change in the information that appears in the current description of an EBSA;

(c) Change in the ecological or biological feature(s) of an EBSA;

(d) Scientific error(s) identified in an EBSA description;

(e) Modification(s) to the EBSA criteria, to guidance in the application of the EBSA criteria

or to the template6 used to describe EBSAs;

(f) Land and/or maritime boundary disputes;

(g) Editorial errors in an EBSA description.


Ecuador

1. Reasons for the modification of an EBSA description (which can entail a modification to the textual


criteria and/or a change in the location, shape and/or size of the EBSA) are:

(h) Changes in the naming of EBSA.

Finland


France


Greece


--

This sentence (1f) creates serious institutional problems, has no place in a scientific exercise and, thus,

should be deleted.

Japan


--

The description work of EBSAs is a scientific exercise, and according to the footnote three, “No action or

activity taken on the basis of this document shall be interpreted or considered as prejudicing the position of

State Parties on a land or maritime sovereignty dispute or a dispute concerning the delimitation of maritime

6 http://www.cbd.int/doc/meetings/mar/ebsaws-2015-01/other/ebsaws-2015-01-template-en.dot

http://www.cbd.int/doc/meetings/mar/ebsaws-2015-01/other/ebsaws-2015-01-template-en.dot


areas.” Japan proposes to delete this subpara (f) because any boundary disputes could not be a reason for

modification of descriptions of EBSAs.

Portugal


Republic of Korea


--

It is our view that EBSA description is a scientific and technical exercise, and despite this if cases of land

and maritime boundary disputes arise, they should be addressed first by informing the Secretariat and going

through consultations(as proposed in 2 alt bis of Annex 1) between states, so as to avoid politicizing the

discussion on EBSA

Sri Lanka

1 Reasons for the modification of an EBSA description (which can entail a modification to the textual


criteria and/or a change in the location, shape, depth and/or size of the EBSA) are:

(d) Scientific error(s) and updates identified in an EBSA description;

UK


Annex IV

PROPONENTS OF THE MODIFICATION OF DESCRIPTIONS OF ECOLOGICALLY OR


1. For reasons (a) through (g) of annex III, the following can submit a proposal7 for the modification

of an EBSA description:

(a) Within national jurisdiction [delimited by agreement and where no ongoing jurisdictional

disputes exists between States]: the State(s) within whose jurisdiction(s) the modification is proposed;

[(b) In areas beyond national jurisdiction: [any] State and/or [competent intergovernmental

organization] with provision of notice to all States and to any other relevant global, regional, subregional

and sectoral bodies dealing with other relevant compatible and complementary measures to enhance the

conservation and sustainable use of marine areas;]

[(c) In areas both within and beyond national jurisdiction(s): the State(s) within whose

jurisdiction(s) the area subject to a modification proposal is partially located and any State and/or competent

intergovernmental organization for the part of the EBSA that is located in areas beyond national jurisdiction,

without prejudice to the measures taken and the exercise of the sovereign rights of the State(s) within whose

jurisdiction(s) the proposed area is partially located.]


7 A proposal for modification is comprised of a submission to the Secretariat explaining the elements of the EBSA description in

potential need of modification and why.


Argentina





intergovernmental organization for the part of the EBSA that is located in areas beyond national

jurisdiction, without prejudice to the measures taken and the exercise of the sovereign rights of the State(s)

within whose jurisdiction(s) the proposed area is partially located.]

Belgium

1. For reasons (a) through (e),) of Annex III §1, the following can submit a proposal7 for the modification


(c) In areas straddling within and beyond national jurisdiction(s): the State(s) within whose jurisdiction(s)

the proposed area subject to a of modification proposal is partially located and any State and/or competent


jurisdiction.

Brazil

Delete (b) and (c)

China

(b) In areas beyond national jurisdiction: any State and/or competent intergovernmental organization;

(c) In areas straddling within and beyond national jurisdiction(s): the State(s) within whose jurisdiction(s)

the proposed area is partially located and any State and/or competent intergovernmental organization for

the part of EBSA that is located in areas beyond national jurisdiction

Ecuador

1. For reasons (a) through (hg) of annex III, the following can submit a proposal7 for the modification




[(b) In areas beyond national jurisdiction: [any] State involved in the direct area of influence of the

EBSA and/or [competent intergovernmental organization] with provision of notice to all States involved in

the direct area of influence of the EBSA and to any other relevant global, regional, subregional and sectoral

bodies dealing with other relevant compatible and complementary measures to enhance the conservation

and sustainable use of marine areas;]






Finland




[(b) In areas beyond national jurisdiction: [any] State and/or [competent intergovernmental

organization] with provision of notice to all States and to any other relevant global, regional, subregional

and sectoral bodies dealing with other relevant compatible and complementary measures to enhance the

conservation and sustainable use of marine areas;]




[without prejudice to the measures taken and the exercise of the sovereign rights of the State(s) within

whose jurisdiction(s) the proposed area is partially located .]]

Greece



--

The insertion of this proposed sentence “delimited ….between States” refers to issues that are beyond the

scope of the EBSAs and the CBD. It creates institutional problems, and, thus, cannot be accepted.

Republic of Korea



--

We believe that it is unclear who has the capacity or/and authority to judge whether there is an ongoing

jurisdictional dispute

Singapore



--

We propose deleting this bracketed text, as the description and modification of EBSAs is a scientific and

technical exercise that is without prejudice to issues to territorial sovereignty or maritime delimitation.

Turkey

1 [(b) In areas beyond national jurisdiction: [any] State and/or [competent intergovernmental

organization] with provision of notice to all States and competent intergovernmental organizations to any

other relevant global, regional, subregional and sectoral bodies dealing with other relevant compatible and

complementary measures to enhance the conservation and sustainable use of marine areas;]

1[(c) In areas both within and beyond national jurisdiction(s): the State(s) within whose





--

Position: We support the removal of brackets for “any” and “competent intergovernmental organization” in

Annex IV/Paragraph 1(b). We propose to add “competent intergovernmental organizations” after “with

provision of notice to all States and” and to delete the rest of the sentence in Annex IV/ Paragraph 1(c).


UK

(a) Within national jurisdiction [delimited by agreement and where no ongoing jurisdictional disputes

exists between States]: the State(s) within whose jurisdiction(s) the modification is proposed;

[(b) In areas beyond national jurisdiction: [any] State and/or [competent intergovernmental organization]

with provision of notice to all States and to any other relevant global, regional, subregional and sectoral

bodies dealing with other relevant compatible and complementary measures to enhance the conservation

and sustainable use of marine areas;]

[(c) In areas both within and beyond national jurisdiction(s): the State(s) within whose jurisdiction(s) the

area subject to a modification proposal is partially located and any State and/or competent


jurisdiction, without prejudice to the measures taken and the exercise of the sovereign rights of the State(s)

within whose jurisdiction(s) the proposed area is partially located.]

2. For reason (g), the Secretariat may propose the modification of an EBSA description.


Belgium

2. For reason (e), the Secretariat, on its own initiative or informed by States, may propose the modification

of an EBSA description.

Finland

2. For reason (g), the Secretariat on its own initiative or informed by states may propose the modification

of an EBSA description.

3. The proponents are encouraged to collaborate with holders of relevant knowledge, including

traditional knowledge holders, in the development of proposals for modification.


Belgium

3. Holders of relevant knowledge and traditional knowledge may collaborate with the proponents in the

development of proposals for modification.

Annex V

MODIFICATION OF DESCRIPTIONS OF ECOLOGICALLY OR BIOLOGICALLY

SIGNIFICANT MARINE AREAS FOR EDITORIAL REASONS

1. In the case of editorial errors in a previous EBSA description:

(a) The Secretariat, on its own initiative or when informed by State(s), disseminates a

notification regarding the proposed modification;


(b) The Secretariat implements the proposed modification within three months of issuance of

the above notification;

(c) A report on modifications made for reason (g) is made available to the Subsidiary Body on

Scientific, Technical and Technological Advice and to the Conference of the Parties for information.


Belgium

(a) The Secretariat, on its own initiative or informed by States, disseminates a notification regarding the

proposed modification;

Sri Lanka

(b) The Secretariat implements the proposed modification within three months of issuance of the above

notification also considering the comments received to the notification by parties;

Annex VI

(merging of previous annexes VI and VIII)


SIGNIFICANT MARINE AREAS WITHIN NATIONAL JURISDICTION, INCLUDING EBSAS

STRADDLING MULTIPLE NATIONAL JURISDICTIONS

1. For reasons (a) through (f) of annex III and for inclusion in the EBSA repository:

(a) The proposal for modification of an EBSA description is submitted to the Secretariat by

[relevant proponents in accordance with annex IV] [[all] the State(s) within whose jurisdiction(s) the

modification is located [which are affected by the modification]], together with information on the process

that produced the proposed modification, including any scientifically sound peer-review process [,and, in

cases where information based on traditional knowledge is included, any information on consultations with

indigenous peoples and local communities conducted with their prior and informed consent or free, prior

and informed consent or with the approval and involvement of indigenous peoples and local communities

[, in accordance with United Nations Declaration on the Rights of Indigenous Peoples]];8

(b) The Secretariat disseminates information about the proposed modification through a CBD

notification. The proposed modification will be open for comments by Parties, and [if requested by the

proponent(s),] [other Governments] [and relevant organizations][and holders of relevant knowledge] for a

period of three months. The Secretariat sends the comments directly to the proponent(s) for consideration,

and the proponent(s) will then have three months to consider adjusting the proposal in response to the

comments, as appropriate, and/or to issue a response to [any] of the comments, [if they wish];

(c) The Secretariat also issues notifications biannually regarding the status of all proposals for

modifications received by the Secretariat;

[(d) The Secretariat compiles a report, including comments received and responses, if

applicable, [and, in cases where information based on traditional knowledge is included, any information

on consultations with indigenous peoples and local communities, with their prior and informed consent or

free, prior and informed consent or with the approval and involvement of indigenous peoples and local

communities,[in accordance with United Nations Declaration on the Rights of Indigenous Peoples]], to be

8 Voluntary guidelines on peer-review processes to be developed by the Executive Secretary for the consideration of the

Subsidiary Body on Scientific, Technical and Technological Advice and the Conference of the Parties.


made available to the Subsidiary Body on Scientific, Technical and Technological Advice and the

Conference of the Parties for consideration and endorsement with a view to including the endorsed

modification in the repository. [In preparing the report, the Secretariat may seek the advice of a relevant

expert advisory body mandated by the Conference of the Parties];]

[(e) As an alternative to paragraph 1(d), and as decided by the proponent, the Secretariat

compiles a report to be made available for the [information] / [consideration] of the Subsidiary Body on

Scientific, Technical and Technological Advice and the Conference of the Parties and inclusion in the

repository;]

(f) The previous EBSA description, and the modality by which it was included in the

repository, will remain available in the information-sharing mechanism.


Argentina

(a) The proposal for modification of an EBSA description is submitted to the Secretariat by [relevant

proponents in accordance with annex IV] [[all] the State(s) within whose jurisdiction(s) the modification is

located [which are affected by the modification]], together with information on the process that produced

the proposed modification, including any scientifically sound peer-review process [,and, in cases where

information based on traditional knowledge is included, any information on consultations with indigenous

peoples and local communities conducted with their prior and informed consent or free, prior and informed

consent or with the approval and involvement of indigenous peoples and local communities [, in accordance

with United Nations Declaration on the Rights of Indigenous Peoples]];8







[(e) As an alternative to paragraph 1(d), and as decided by the proponent, the Secretariat compiles a

report to be made available for the [information] / [consideration] of the Subsidiary Body on Scientific,

Technical and Technological Advice and the Conference of the Parties and inclusion in the repository;]

Belgium

1. For reasons (a) through (d) of annex III and for inclusion in the EBSA repository:

(a) The proposal for modification of an EBSA description is submitted to the Secretariat by [all] the State(s)

[within whose jurisdiction(s) the modification is located]/[which are affected by the modification], together

with information on the process that produced the proposed modification, including the scientifically sound

nationally agreed peer-review process;7


notification. [If requested by the proponent(s)], the proposed modification will be open for comments by

Parties, [Other Governments] [and relevant organizations][and knowledge holders] for a period of three

months. The Secretariat sends the comments directly to the proponent(s) for consideration, and the

proponent(s) will then have three months to consider adjusting the proposal in response to the comments,

as appropriate, and/or to issue a response to any of the comments, if they wish;

(d) The Secretariat compiles a report, including comments received and responses, if applicable, [and, in

cases where information based on traditional knowledge is included, any information on consultations


with indigenous peoples and local communities, and information on whether such knowledge was obtained

with free, prior and informed consent, in accordance with UNDRIP, to be made available to the Subsidiary

Body on Scientific, Technical and Technological Advice and the Conference of the Parties for consideration

with a view to inclusion of the modification in the repository. [In preparing the report, the Secretariat may

seek the advice of a relevant expert advisory body mandated by the Conference of the Parties];


report to be made available for the information consideration of the Subsidiary Body on Scientific,

Technical and Technological Advice and the Conference of the Parties and inclusion in the repository; ];]

[(f) The previous EBSA description, and the modality by which it was included in the repository, will

remain available in the information-sharing mechanism].

Brazil


notification. The proposed modification[, if required by the proponent(s),] will be open for comments by

Parties, and [if requested by the proponent(s),] [other Governments] [and relevant organizations][and

holders of relevant knowledge] for a period of three months. The Secretariat sends the comments directly

to the proponent(s) for consideration, and the proponent(s) will then have three months to consider adjusting

the proposal in response to the comments, as appropriate, and/or to issue a response to [any] of the

comments, [if they wish];

Canada











proponent(s),] [other Governments], [and relevant organizations], [and holders of relevant knowledge] for

a period of three months. The Secretariat sends the comments directly to the proponent(s) for consideration,



[(d) The Secretariat compiles a report, including comments received and responses, if applicable, [and,

in cases where information based on traditional knowledge is included, any information on consultations

with Iindigenous peoples and local communities, with their prior and informed consent or free, prior and

informed consent or with the approval and involvement of Iindigenous peoples and local communities,[ in

accordance with United Nations Declaration on the Rights of Indigenous Peoples]], to be made available

to the Subsidiary Body on Scientific, Technical and Technological Advice and the Conference of the Parties

for consideration and endorsement with a view to including the endorsed modification in the repository. [In

preparing the report, the Secretariat may seek the advice of a relevant expert advisory body mandated by

the Conference of the Parties];]





China

(b) The Secretariat disseminates information about the proposed modification through a CBD notification.

[If requested by the proponent,] the notification will be open for public comment on the proposed

modification for a period of three months, and the proponent will then have three months to adjust the

proposal in response to the comments, as appropriate, and/or to issue a response to any of the comments, if

they wish. The comments and responses related to the proposed modification will be posted on the EBSA

website;

Ecuador

1. For reasons (a) through (hf) of annex III and for inclusion in the EBSA repository:



located [which are [affected by] [related with] the modification]], together with information on the process

that produced the proposed modification, including any scientifically sound peer-review process [,and, in

cases where information based on traditional knowledge is included, any information on consultations with


and informed consent or with the approval and involvement of indigenous peoples and local communities[,

as appropriate] [, in accordance with United Nations Declaration on the Rights of Indigenous Peoples]];8









with indigenous peoples and local communities, with their prior and informed consent or free, prior and

informed consent or with the approval and involvement of indigenous peoples and local communities,[in









Finland


proponents in accordance with annex IV] [[all] the State(s) within whose jurisdiction(s) the modification

is located [which are affected by the modification]], together with information on the process that produced
















France




Greece









Malaysia

1(b): In upholding the spirit of ensuring data accuracy, transparency and integrity, Malaysia would like

to suggest deletion of the bracketed text [If requested by the proponent(s)]

1(e): Malaysia does not agree with this alternative text. This is inconsistent with Annex II para 1 (a)

which states that descriptions of areas meeting the EBSA criteria are to be considered by the Conference of

Parties.

Peru

(a) The proposal for modification of an EBSA description is submitted to the Secretariat by [all] the

State(s) [within whose jurisdiction(s) the modification is located]/[which are affected by the modification],

together with information on the process that produced the proposed modification, including the

scientifically sound nationally agreed peer-review process;8


notification. [If requested by the proponent(s),] the proposed modification will be open for comments by

Parties, [Other Governments] [and relevant organizations][and knowledge holders] for a period of three

months. The Secretariat sends the comments directly to the proponent(s) for consideration, and the

proponent(s) will then have three months to consider adjusting the proposal in response to the comments,

as appropriate, and/or to issue a response to any of the comments, if they wish;


(d) The Secretariat compiles a report, including comments received and responses, if applicable, [and,


with indigenous peoples and local communities, and information on whether such knowledge was obtained

with their prior and informed consent or free, prior and informed consent or with the approval and

involvement of indigenous peoples and local communities], to be made available to the Subsidiary Body

on Scientific, Technical and Technological Advice and the Conference of the Parties for consideration with

a view to inclusion of the modification in the repository. [In preparing the report, the Secretariat may seek

the advice of a relevant expert advisory body mandated by the Conference of the Parties];

Republic of Korea

Delete entire para 2

--

As we proposed that the information-sharing mechanism contain only the links to nationally described

EBSAs in Annex II, modifications of EBSAs do not need to go through such process as they would directly

be reflected in national web links

Singapore







--

It is preferable to have a single, consistent modality for modification under this Annex to avoid arbitrariness

and inconsistency in the modification process and the substantive application of the EBSAs scientific

criteria. The modality for modification should also mirror the scientific rigour and transparency of the

process through with which the original description been endorsed by the SBSTTA and Conference of

Parties.




--





Parties.








--

Africa does not support the first bracketed text [if requested by the proponents], we believe that any proposal

for modification that is submitted to the Secretariat should be subject to the same process and that a


comment period for all is in the interests of inclusiveness and transparency and according to the intended

global nature of EBSAs.










--

Africa supports 1(d) over the alternative 1(e), which does not make provision for consideration by SBSTTA

and COP. EBSAs are a CBD concept and consideration by SBSTTA and COP will ensure a more robust

process that aligns with the intended global nature of EBSAs and affords EBSAs greater recognition and

prestige. This recognition and “legitimacy” is important for us to be able to mainstream EBSAs into national

policies and planning and management.

Africa would want to ensure that EBSA remains a robust scientific and technical tool that guides planning,

research and sound management of the marine areas therefore we would prefer a single approach for

modification of all EBSAs, our choice being as detailed under paragraph 1a-d

Spain










Turkey

1(a) The proposal for modification of an EBSA description is submitted to the Secretariat by [relevant


located [ and which are affected by the modification]], together with information on the process that

produced the proposed modification, including any scientifically sound peer-review process [,and, in cases

where information based on traditional knowledge is included, any information on consultations with


and informed consent or with the approval and involvement of indigenous peoples and local communities

[, in accordance with United Nations Declaration on the Rights of Indigenous Peoples]];

--

Position: Only if the wording we propose in Paragraph 1(a) of Annex IV is preserved as it is (Within national

jurisdiction delimited by agreement and where no ongoing jurisdictional disputes exists between States: the

State(s) within whose jurisdiction(s) the modification is proposed;), we can support the removal of brackets

for “relevant proponents in accordance with Annex IV” in Paragraph 1(a) of Annex VI. Otherwise, the said

paragraph after the phrase “submitted to the Secretariat by” should follow as: “all the State(s) within whose


jurisdiction(s) the modification is located and which are affected by the modification” in Paragraph 1 (a) of

Annex VI.

1 [(d) The Secretariat compiles a report, including comments received and responses, if applicable, [and,









--

Position: We support the removal of brackets for the first sentence of Paragraph 1(d)/ Annex VI. We

advocate the deletion of the second sentence of Paragraph 1(d)/ Annex VI in line with our views mentioned

regarding Paragraph 3 and footnote 5.

UK


proponents in accordance with annex IV] [[all] the State(s) within whose jurisdiction(s) the modification

is located [which are affected by the modification]], together with information on the process that

produced the proposed modification, including any scientifically sound peer-review process [,and, in


with indigenous peoples and local communities conducted with their prior and informed consent or free,

prior and informed consent or with the approval and involvement, in accordance with the Mo’otz Kuxtal

voluntary guidelines of indigenous peoples and local communities [, in accordance with United Nations

Declaration on the Rights of Indigenous Peoples]];9



proponent(s),] [other Governments] [and relevant organizations][ and holders of relevant knowledge] for

a period of three months. The Secretariat sends the comments directly to the proponent(s) for

consideration, and the proponent(s) will then have three months to consider adjusting the proposal in

response to the comments, as appropriate, and/or to issue a response to [any] of the comments, [if they

wish];

[(d) The Secretariat compiles a report, including comments received and responses, if applicable, [and, in





to the Subsidiary Body on Scientific, Technical and Technological Advice and the Conference of the

Parties for consideration and endorsement with a view to including the endorsed modification in the

repository. [In preparing the report, the Secretariat may seek the advice of a relevant expert advisory body

mandated by the Conference of the Parties];]

[(e) As an alternative to paragraph 1(d), and as decided by the proponent, the Secretariat compiles a report

to be made available for the [information] / [consideration] of the Subsidiary Body on Scientific,





(b) The Secretariat disseminates information about the proposed modification through a CBD notification.

[If requested by the proponent(s),] the proposed modification will be open for comments by Parties, [Other

Governments] [and relevant organizations][and knowledge holders], and holders of traditional

knowledge, for a period of three months. The Secretariat sends the comments directly to the proponent(s)

for consideration, and the proponent(s) will then have three months to consider adjusting the proposal in

response to the comments, as appropriate, and/or to issue a response to any of the comments, if they wish;

[2. For reasons (a) through (f) of annex III and for inclusion of the modification in the EBSA

information-sharing mechanism;

(a) The modification of an EBSA description is submitted to the Secretariat together with

information on the process that produced the proposed modification, including the scientifically sound

nationally agreed peer-review process;

(b) The Secretariat disseminates information about the modification through a CBD

notification. [The modification will be open for comments by Parties, other Governments, relevant

organizations and holders of relevant knowledge for a period of three months. The Secretariat sends the

comments directly to the proponent(s) for consideration, and the proponent(s) will then have three months

to consider adjusting the proposal in response to the comments, as appropriate, and/or to issue a response

to the comments, if they wish];

(c) The Secretariat also issues notifications biannually regarding all modifications received by

the Secretariat;

(d) The Secretariat compiles a report to be made available to the Subsidiary Body on Scientific,

Technical and Technological Advice and the Conference of the Parties for information. Links to information

on the modification, which should be supported with best available information and using best practices,

are included in the information-sharing mechanism, and are reflected on the EBSA website.]


Belgium

(a) The modification of an EBSA description is submitted to the Secretariat by [all] the State(s)

within whose jurisdiction(s) the modification is located together with information on the process that

produced the proposed modification, including the scientifically sound nationally agreed peer-

review process;

Canada

Remove brackets from para 2

Ecuador

[2. For reasons (a) through (hf) of annex III and for inclusion of the modification in the EBSA

information-sharing mechanism;

Finland


Malaysia


2(b): Although documents deposited in the EBSA information-sharing mechanism will not be considered

by the Conference of Parties, it is important to ensure accuracy, transparency and integrity of the data

and the processes involved in the modification processes. Therefore, Malaysia would like to suggest the

following:

--

Insert after CBD notification on the final line of the Para: Parties, Other Governments and relevant

organizations and knowledge holders may provide comments through the Secretariat within three months

from the notification. The Secretariat sends the comments directly to the proponent(s) for consideration.

Proponent(s) will then have three months to consider adjusting the proposal in response to the comments,

as appropriate, and/or to issue a response to any of the comments, if they wish.

UK





Annex VII


SIGNIFICANT MARINE AREAS IN AREAS BEYOND NATIONAL JURISDICTION

1. For reasons (a) through (f) and inclusion in the EBSA repository:

(a) The proposal for a modification of an EBSA description is submitted to the Secretariat,

together with information on the process that produced the proposal for modification, including the

scientifically sound peer review;

(b) The Secretariat posts information about the proposed modification on the EBSA website

and issues notifications biannually regarding proposals for modifications received by the Secretariat;

(c) The Secretariat prepares a report on the proposal that is disseminated through a CBD

notification, including to relevant global and regional organizations, with a period of three months for public

comment. The proponent will then have three months to adjust the proposal in response to the comments,

as appropriate, and/or to issue a response to any of the comments. A revised report on modifications,

including comments received, is prepared by the Secretariat and submitted to the Subsidiary Body on

Scientific, Technical and Technological Advice and to the Conference of the Parties for consideration.

Experts who participated in the workshop at which the EBSA was originally described as well as a relevant

expert advisory body mandated by the Conference of the Parties may provide advice in the preparation of

this report;

(d) On the basis of the revised report, the Conference of the Parties decides on one of the

following:

(i) Request inclusion of the modification in the repository;

(ii) If further analysis and review of the proposal is required, request the Secretariat to convene

an expert workshop, subject to the availability of resources, to review the proposed

modifications. The Secretariat may seek the advice of a relevant expert advisory body

mandated by the Conference of the Parties in the planning of the workshop. Experts who

participated in the workshop at which the EBSA were originally described will be involved,

if possible, in the review. The output of the workshop is submitted to the Subsidiary Body


on Scientific, Technical and Technological Advice and the Conference of the Parties for

consideration;

(e) The previous EBSA description, and the modality by which it was included in the



Belgium

1. For reasons (a) through (d) of Annex III §1 and inclusion in the EBSA repository:

Brazil

Delete entire annex

Canada

1. For reasons (a) through (d) in annex III and inclusion in the EBSA repository:

China

Delete entire annex

France


Peru

(a) Any State or competent intergovernmental organization submits the proposal for a modification of

an EBSA description is submitted to the Secretariat, together with information on the process that produced

the proposal for modification, including the scientifically sound peer review;

Singapore

(c) The Secretariat prepares a report on the proposal that is disseminated through a CBD notification,

including to relevant global and regional organizations, with a period of three months for public comments

by Parties, other Governments, relevant organizations and holders of relevant knowledge. The proponent

will then have three months to adjust the proposal in response to the comments, as appropriate, and/or to

issue a response to any of the comments. A revised report on modifications, including comments received,

is prepared by the Secretariat and submitted to the Subsidiary Body on Scientific, Technical and

Technological Advice and to the Conference of the Parties for consideration. Experts who participated in

the workshop at which the EBSA was originally described as well as a relevant expert advisory body

mandated by the Conference of the Parties may provide advice in the preparation of this report;

Spain

1. For reasons (a) through (f) of Annex III §1 and inclusion in the EBSA repository:

Turkey

1(c) The Secretariat prepares a report on the proposal that is disseminated through a CBD notification,

including to relevant global and regional organizations, with a period of three months for public comment.

The proponent will then have three months to adjust the proposal in response to the comments, as

appropriate, and/or to issue a response to any of the comments. A revised report on modifications, including

comments received, is prepared by the Secretariat and submitted to the Subsidiary Body on Scientific,

Technical and Technological Advice and to the Conference of the Parties for consideration and

endorsement. Experts who participated in the workshop at which the EBSA was originally described as


well as a relevant expert advisory body mandated by the Conference of the Parties may provide advice in

the preparation of this report;

(ii) If further analysis and review of the proposal is required, request the Secretariat to convene

an expert workshop, subject to the availability of resources, to review the proposed


mandated by the Conference of the Parties in the planning of the workshop. Experts who

participated in the workshop at which the EBSA were originally described will be involved,

if possible, in the review. The output of the workshop is submitted to the Subsidiary Body

on Scientific, Technical and Technological Advice and the Conference of the Parties for

consideration and endorsement;

--

Position: We propose new wording “and endorsement” at the end of the third sentence of Paragraph 1(c)/

Annex VII and also at the end of the fourth sentence of Paragraph 1(d) (ii)/Annex VII.

UK

(a) The proposal for a modification of an EBSA description is submitted to the Secretariat, by

relevant proponents in accordance with annex xxx, together with information on the process that produced

the proposal for modification, including the scientifically sound peer review process;

Annex VIII


SIGNIFICANT MARINE AREAS STRADDLING AREAS WITHIN AND BEYOND

NATIONAL JURISDICTION

1. For reasons (a) through (f) and inclusion in the EBSA repository:


together with information on the process that produced the proposal for modification, including the

scientifically sound peer review;

(b) The Secretariat posts information about the proposed modification on the EBSA website

and issues notifications biannually regarding proposals for modifications received by the Secretariat;

(c) On the basis of those proposals, the Secretariat prepares a report on the proposals that is

disseminated through a CBD notification, including to relevant global and regional organizations, with a

period of three months for public comment. The proponent(s) will then have three months to adjust the

proposal in response to the comments, as appropriate. A revised report on modifications, including


Technical and Technological Advice and to the Conference of the Parties for consideration. Experts who

participated in the workshop at which the EBSAs were originally described may provide, if relevant, advice

in the preparation of this report;

(d) On the basis of the revised report, the Conference of the Parties decides on one of the

following:

(i) Request inclusion of the modification(s) in the repository;

(ii) If further analysis and review of the proposals is required, request the Secretariat to

convene an expert workshop, subject to the availability of resources, to review the proposed


mandated by the Conference of the Parties to provide advice in the planning of the

workshop. Experts who participated in the workshop at which the EBSAs were originally


described will be involved, if possible, in the review process. The output of the workshop

is submitted to the Subsidiary Body on Scientific, Technical and Technological Advice and

the Conference of the Parties for consideration;

(e) The previous EBSA description(s), and the modality by which it was included in the



Belgium


SIGNIFICANT MARINE AREAS STRADDLING AREAS BOTH WITHIN AND BEYOND



New para

2. For reasons (a) through (d) of Annex III and for inclusion of the modification in the EBSA information-

sharing mechanism:

(a) the modification of the EBSA description is submitted to the Secretariat together with




notification;

(c) The Secretariat also issues notifications biannually regarding all modifications received

by the Secretariat;

(d) The Secretariat compiles a report to be made available to the SBSTTA and COP for

information. Links to information on the modification, which should be supported with best available

information and using best practices, are included in the information-sharing mechanism, and are reflected

in the EBSA website.

Brazil

Delete entire annex

Canada

1. For reasons (a) through (d) of annex III and inclusion in the EBSA repository:

Chile

1. For reasons (a) through (f) on Annex III and inclusion in the EBSA repository:

China

Delete entire annex

Finland

New para

For reasons (a) through (f) of annex III and for inclusion of the modification in the EBSA information-

sharing mechanism;






notification. [The modification will be open for comments by Parties, other Governments, relevant

organizations and holders of relevant knowledge for a period of three months. The Secretariat sends the

comments directly to the proponent(s) for consideration, and the proponent(s) will then have three months

to consider adjusting the proposal in response to the comments, as appropriate, and/or to issue a response

to the comments, if they wish];

(c) The Secretariat also issues notifications biannually regarding all modifications received by

the Secretariat;


Technical and Technological Advice and the Conference of the Parties for information. Links to information

on the modification, which should be supported with best available information and using best practices,

are included in the information-sharing mechanism, and are reflected on the EBSA website.

France





New para

2. For reasons (a) through (d) of Annex III and for inclusion of the modification in the EBSA information-

sharing mechanism:

(a) the modification of the EBSA description is submitted to the Secretariat together with




notification;

(c) The Secretariat also issues notifications biannually regarding all modifications received

by the Secretariat;

(d) The Secretariat compiles a report to be made available to the SBSTTA and COP for

information. Links to information on the modification, which should be supported with best available

information and using best practices, are included in the information-sharing mechanism, and are reflected

in the EBSA website.

Portugal




Singapore

(c) On the basis of those proposals, the Secretariat prepares a report on the proposals that is


period of three months for comments by Parties, other Governments, relevant organizations and holders of

relevant knowledgepublic comment. The proponent(s) will then have three months to adjust the proposal

in response to the comments, as appropriate. A revised report on modifications, including comments

received, is prepared by the Secretariat and submitted to the Subsidiary Body on Scientific, Technical and

Technological Advice and to the Conference of the Parties for consideration. Experts who participated in

the workshop at which the EBSAs were originally described may provide, if relevant, advice in the

preparation of this report;

Spain


1. For reasons (a) through (f) of Annex III §1 and inclusion in the EBSA repository:

Turkey

1(c) On the basis of those proposals, the Secretariat prepares a report on the proposals that is


period of three months for public comment. The proponent(s) will then have three months to adjust the

proposal in response to the comments, as appropriate. A revised report on modifications, including


Technical and Technological Advice and to the Conference of the Parties for consideration and

endorsement. Experts who participated in the workshop at which the EBSAs were originally described may

provide, if relevant, advice in the preparation of this report;

(ii) If further analysis and review of the proposals is required, request the Secretariat to

convene an expert workshop, subject to the availability of resources, to review the proposed


mandated by the Conference of the Parties to provide advice in the planning of the

workshop. Experts who participated in the workshop at which the EBSAs were originally

described will be involved, if possible, in the review process. The output of the workshop

is submitted to the Subsidiary Body on Scientific, Technical and Technological Advice and

the Conference of the Parties for consideration and endorsement;

--

Position: We propose new wording “and endorsement” at the end of the third sentence of Paragraph 1(c)/

Annex VIII and also at the end of the fourth sentence of Paragraph 1(d) (ii)/Annex VIII.

UK


by relevant proponents in accordance with annex xxx, together with information on the process that

produced the proposal for modification, including the scientifically sound peer review process;

Annex IX

PROPONENTS FOR THE DESCRIPTION OF ECOLOGICALLY OR BIOLOGICALLY

SIGNIFICANT MARINE AREAS

1. The following can submit a proposal for the description of an EBSA:

(a) Within national jurisdiction: the State(s) within whose jurisdiction(s) the area is proposed;

(b) In areas beyond national jurisdiction: any State and/or competent intergovernmental

organization;

(c) In areas straddling within and beyond national jurisdiction: the State(s) within whose

jurisdiction(s) the proposed area is partially located.


Argentina

[(b) In areas beyond national jurisdiction: any State and/or competent intergovernmental organization;]

Belgium


(c) In areas straddling within and beyond national jurisdiction: the State(s) within whose jurisdiction(s) the

proposed area is partially located and any State and/or competent intergovernmental organization for the

part of the EBSA that is located in areas beyond national jurisdiction.

Brazil


(c) In areas straddling within and beyond national jurisdiction: the State(s) within whose jurisdiction(s)

the proposed area is partially located.

Canada

(b) In areas beyond national jurisdiction: any State(s) [and/or] [individually or through] competent

intergovernmental organization(s);

China



the proposed area is partially located.

Finland


the proposed area is partially located. and any State and/or competent intergovernmental organization for

the part of the EBSA that is located in areas beyond national jurisdiction.

France

(c) In areas straddling within and beyond national jurisdiction: the State(s) within whose jurisdiction(s) the

proposed area is partially located and any State and/or competent intergovernmental organization for the

part of the EBSA that is located in areas beyond national jurisdiction.

Peru


the proposed area is partially located and any State or competent intergovernmental organization for the

part located outside national jurisdiction.

Turkey

1 (a) Within national jurisdiction delimited by agreement and where no ongoing jurisdictional disputes

exists between States: the State(s) within whose jurisdiction(s) the modification is proposed;

--

Position: We propose to add “delimited by agreement and where no ongoing jurisdictional disputes exists

between States” after “within national jurisdiction” for similar reasons we mentioned at the Contact Group

Meeting on 23 March.

2. The proponents are encouraged to collaborate with holders of relevant knowledge, including

traditional knowledge holders, in the development of proposals.

[NO SUBMISSIONS PROVIDED]


Annex X

(merging of previous annexes XI and XIII)

DESCRIPTION OF ECOLOGICALLY OR BIOLOGICALLY SIGNIFICANT MARINE AREAS

WITHIN NATIONAL JURISDICTION, INCLUDING EBSAs STRADDLING MULTIPLE

NATIONAL JURISDICTIONS

1. For inclusion in the EBSA repository:

(a) The proposal is submitted to the Secretariat by the State(s) within whose jurisdiction(s) the

proposed EBSA is located, using the EBSA template, together with information on the process that

produced the proposal, including the scientifically sound nationally agreed peer-review process;9

(b) The Secretariat disseminates the proposal through a CBD notification. [If requested by the

proponent(s),] the notification will be kept open for a period of three months for comments by Parties,

[other Governments][and relevant organizations][and knowledge holders] on the proposal. The Secretariat

sends the comments directly to the proponent(s) for consideration, and the proponent(s) will then have three

months to consider adjusting the proposal in response to the comments, as appropriate, and/or to issue a

response to any of the comments, if they wish;

(c) The Secretariat also issues notifications biannually regarding the status of all proposals for

new EBSAs received by the Secretariat;

(d) The Secretariat compiles a report, including comments received, [and in cases where


peoples and local communities, and information on whether such knowledge was obtained with their prior

and informed consent or free, prior and informed consent or with the approval and involvement of

indigenous peoples and local communities], to be made available to the Subsidiary Body on Scientific,

Technical and Technological Advice and to the Conference of the Parties, for consideration with a view to

inclusion of the proposed description in the repository. [In preparing the report, the Secretariat may seek


[(e) As an alternative to paragraph 1(d), and as decided by the proponent, the Secretariat

compiles a report to be made available to the Subsidiary Body on Scientific, Technical and Technological

Advice and the Conference of the Parties for information and inclusion in the repository];

(f) As an alternative to paragraph 1(a)-(e), and in line with paragraph 36 of decision X/29,

new EBSAs may be described through a regional workshop convened by the Secretariat, subject to the

availability of resources, the outputs of which are submitted for consideration by the Subsidiary Body on

Scientific, Technical and Technological Advice and by the Conference of the Parties. For new areas

proposed within national jurisdiction, the proponent(s) will be the State(s) in whose jurisdiction(s) the area

is proposed.


Argentina


proponent(s)], the notification will be kept open for a period of three months for comments by Parties,








Belgium


proponent(s),]),] the notification will be kept open for a period of three months for comments by Parties,





(d) The Secretariat compiles a report, including comments received, [and in cases where information based

on traditional knowledge is included, any information on consultations with indigenous peoples and local

communities, and information on whether such knowledge was obtained with free, prior and informed

consent, in accordance with UNDRIP. with their prior and informed consent or through consultation with

a view to obtain free, prior and informed consent in accordance with UNDRIP or with the approval and

involvement of indigenous peoples and local communities], to be made available to the Subsidiary Body

on Scientific, Technical and Technological Advice and to the Conference of the Parties, for consideration

with a view to inclusion of the proposed description in the repository. [In preparing the report, the

Secretariat may seek the advice of a relevant expert advisory body mandated by the Conference of the

Parties];


to be made available for the consideration ofto the Subsidiary Body on Scientific, Technical and

TechnologicalTechnological Advice and the Conference of the Parties for inclusion consideration in the

repository];

Brazil

(f) As an alternative to paragraph 1(a)-(e), for areas within national jurisdiction and in line with

paragraph 36 of decision X/29, new EBSAs may be described through a regional workshop convened by

the Secretariat, subject to the availability of resources, the outputs of which are submitted for consideration

by the Subsidiary Body on Scientific, Technical and Technological Advice and by the Conference of the

Parties. For new areas proposed within national jurisdiction, the proponent(s) will be the State(s) in whose

jurisdiction(s) the area is proposed.

Canada



[other Governments] [and relevant organizations] [and knowledge holders] on the proposal. The Secretariat




(d) The Secretariat compiles a report, including comments received, [and in cases where information

based on traditional knowledge is included, any information on consultations with iIndigenous peoples and

local communities, and information on whether such knowledge was obtained with their prior and informed

consent or free, prior and informed consent or with the approval and involvement of iIndigenous peoples

and local communities], to be made available to the Subsidiary Body on Scientific, Technical and

Technological Advice and to the Conference of the Parties, for consideration with a view to inclusion of the


proposed description in the repository. [In preparing the report, the Secretariat may seek the advice of a

relevant expert advisory body mandated by the Conference of the Parties];


report to be made available to the Subsidiary Body on Scientific, Technical and Technological Advice and

the Conference of the Parties for information and inclusion in the repository];

Chile

(b) The Secretariat disseminates the proposal through a CBD notification. The proposed modification will

be open for comments by Parties, and if requested by the proponent(s), other Governments and relevant

organizations and holders of relevant knowledge for a period of three months.

China

(b) The Secretariat disseminates the proposal through a CBD notification. [If requested by the proponent,]

the notification will be kept open for a period of three months for public comment on the proposal, and the

proponent(s) will then have three months to adjust the proposal in response to the comments, as appropriate,

and/or to issue a response to any of the comments, if they wish. The comments and responses related to the

proposal will be posted on the EBSA website;

Ecuador

Delete para 1

Finland








report to be made available for the consideration of to the Subsidiary Body on Scientific, Technical and

Technological Advice and the Conference of the Parties for information and inclusion inconsideration in

the repository];

France







(d) The Secretariat compiles a report, including comments received, [and in cases where information based

on traditional knowledge is included, any information on consultations with indigenous peoples and local

communities, and information on whether such knowledge was obtained with free, prior and informed

consent, in accordance with UNDRIP], to be made available to the Subsidiary Body on Scientific, Technical

and Technological Advice and to the Conference of the Parties, for consideration with a view to inclusion

of the proposed description in the repository. [In preparing the report, the Secretariat may seek the advice

of a relevant expert advisory body mandated by the Conference of the Parties];



to be made available for the consideration ofto the Subsidiary Body on Scientific, Technical and

TechnologicalTechnological Advice and the Conference of the Parties for inclusion in the repository];

Malaysia

1(b): For the same reason as 1 (b) Annex VI, Malaysia suggests the deletion of [If requested by the

proponent(s),]

1(e) For the same reason as 1 (e) Annex VI, Malaysia does not agree with this alternative text.

Peru







(d) The Secretariat compiles a report, including comments received, [and in cases where information

based on traditional knowledge is included, any information on consultations with indigenous peoples and


consent or free, prior and informed consent or with the approval and involvement of indigenous peoples

and local communities] in accordance with national circumstances and laws, to be made available to the

Subsidiary Body on Scientific, Technical and Technological Advice and to the Conference of the Parties,

for consideration with a view to inclusion of the proposed description in the repository. [In preparing the

report, the Secretariat may seek the advice of a relevant expert advisory body mandated by the Conference

of the Parties];

Republic of Korea




--

We propose to delete this para, as we believe that EBSA descriptions to be included in the repository should

go through consideration of SBSTTA and COP, so as to enhance scientific reliability and transparency

Singapore







--





Parties.





--





Parties.



(a) The proposal is submitted to the Secretariat by the State(s) within whose jurisdiction(s) the

proposed EBSA is located, using the EBSA template, together with information on the process that

produced the proposal, including the scientifically sound nationally agreed peer-review process;10

--

Africa thinks that the first bracketed text under 1d should be shifted to 1a, as it should be for the Party, not

the Secretariat, to provide this information

(d) The Secretariat compiles a report, including comments received, [and in cases where


peoples and local communities, and information on whether such knowledge was obtained with their prior

and informed consent or free, prior and informed consent or with the approval and involvement of

indigenous peoples and local communities], to be made available to the Subsidiary Body on Scientific,

Technical and Technological Advice and to the Conference of the Parties, for consideration with a view to

inclusion of the proposed description in the repository. [In preparing the report, the Secretariat may seek


--

Africa supports 1(d) over the alternative 1(e), which does not make provision for consideration by SBSTTA

and COP. EBSAs are a CBD concept and consideration by SBSTTA and COP will ensure a more robust

process that aligns with the intended global nature of EBSAs and affords EBSAs greater recognition and

prestige. This recognition and “legitimacy” is important for us to be able to mainstream EBSAs into national

policies and planning and management.

Africa would we want to ensure that EBSA remains a robust scientific and technical tool that guides

planning, research and sound management of the marine areas therefore we would prefer a single approach

for description of all new EBSAs, our choice being as detailed under paragraph 1a-d

Spain













Turkey

1(b) The Secretariat disseminates the proposal through a CBD notification. [If requested by the






--

Position: We advocate the deletion of the phrase “If requested by the proponent(s)” in Paragraph 1(b) of

Annex X. We favor the removal of brackets “any” and “if they wish” in Paragraph 1 (b) of Annex X.

1 (d) The Secretariat compiles a report, including comments received, [and in cases where information

based on traditional knowledge is included, any information on consultations with indigenous peoples and


consent or free, prior and informed consent or with the approval and involvement of indigenous peoples

and local communities], to be made available to the Subsidiary Body on Scientific, Technical and

Technological Advice and to the Conference of the Parties, for consideration and endorsement with a view

to inclusion of the proposed description in the repository. [In preparing the report, the Secretariat may seek


--

Position: We propose to add “and endorsement” at the end of first sentence in Paragraph 1(d) of Annex X.

We advocate the deletion of the second sentence in line with our views mentioned regarding Paragraph 3

and footnote 5.

1 [(e) As an alternative to paragraph 1(d), and as decided by the proponent, the Secretariat compiles a



1 (f) As an alternative to paragraph 1(a)-(e), and in line with paragraph 36 of decision X/29, new EBSAs

may be described through a regional workshop convened by the Secretariat, subject to the availability of

resources, the outputs of which are submitted for consideration and endorsement by the Subsidiary Body

on Scientific, Technical and Technological Advice and by the Conference of the Parties. For new areas

proposed within national jurisdiction delimited by agreement and where no ongoing jurisdictional disputes

exists between States, the proponent(s) will be the State(s) in whose jurisdiction(s) the area is proposed.

--

Position: We propose to add “and endorsement” after “consideration” in the first sentence of Paragraph

1(f)/Annex X. We also suggest to add “delimited by agreement and where no ongoing jurisdictional disputes

exists between states” after “national jurisdiction” in the second sentence of Paragraph 1(f)/Annex X in line

with our proposal in Paragraphs 1 (a) of Annexes IV and IX.

UK

(a) The proposal is submitted to the Secretariat by relevant proponents in accordance with annex

xxxby the State(s) within whose jurisdiction(s) the proposed EBSA is located, using the EBSA template,

together with information on the process that produced the proposal, including the scientifically sound

nationally agreed peer-review process, and, in cases where information based on traditional knowledge

is included, any information on consultations with indigenous peoples and local communities conducted


with their prior and informed consent or free, prior and informed consent or approval and involvement,

in accordance with the Mo’otz Kuxtal voluntary guidelines;11



[other Governments][and relevant organizations][and knowledge holders] on the proposal. The

Secretariat sends the comments directly to the proponent(s) for consideration, and the proponent(s) will

then have three months to consider adjusting the proposal in response to the comments, as appropriate,

and/or to issue a response to any of the comments, if they wish;

(c) The Secretariat compiles a report, including comments received, [and in cases where information

based on traditional knowledge is included, any information on consultations with indigenous peoples

and local communities, and information on whether such knowledge was obtained with their prior and

informed consent or free, prior and informed consent or with the approval and involvement of indigenous

peoples and local communities], to be made available to the Subsidiary Body on Scientific, Technical and

Technological Advice and to the Conference of the Parties, for consideration with a view to inclusion of

the proposed description in the repository. [In preparing the report, the Secretariat may seek the advice

of a relevant expert advisory body mandated by the Conference of the Parties];


to be made available to the Subsidiary Body on Scientific, Technical and Technological Advice and the

Conference of the Parties for information and inclusion in the repository];





[other Governments][and relevant organizations][and knowledge holders], and holders of traditional

knowledge, on the proposal. The Secretariat sends the comments directly to the proponent(s) for

consideration, and the proponent(s) will then have three months to consider adjusting the proposal in

response to the comments, as appropriate, and/or to issue a response to any of the comments, if they wish;

[2. For inclusion in the EBSA information-sharing mechanism:

(a) The description is submitted to the Secretariat by [all] the State(s) within whose

jurisdiction(s) the proposed EBSA is located, together with information on the process that produced the

proposed modification, including the scientifically sound nationally agreed peer-review process;

(b) The Secretariat disseminates the description through a CBD notification;

(c) The Secretariat also issues notifications biannually regarding all descriptions of new areas

received by the Secretariat;


Technical and Technological Advice and the Conference of the Parties for information. Subsequently, links

to the information on the description, which should be supported with best available information and using

best practices, are included in the information-sharing mechanism and are reflected on the EBSA website.]





Belgium


(a) The description is submitted to the Secretariat by [all] the State(s) within whose jurisdiction(s) the

proposed EBSA is located, together with information on the process that produced the proposalsed

modification, including the scientifically sound nationally agreed peer-review process;

Canada

Remove brackets from whole para


proposed EBSA is located, together with information on the process that produced the proposed


Ecuador


Finland



proposed EBSA is located, together with information on the process that produced the proposalsed


France



proposed EBSA is located, together with information on the process that produced the proposaled

modificational, including the scientifically sound nationally agreed peer-review process;

Greece




Malaysia

2(b): For consistency purposes, Malaysia would like to suggest the text to be the same as suggested for 2

(b) Annex VI.

Republic of Korea

Delete entire para 2

--

As we proposed that the information-sharing mechanism contain only the links to nationally described

EBSAs in Annex II, new descriptions of EBSAs do not need to go through such process as they would

directly be reflected in national web links

Spain




modification proposal, including the scientifically sound nationally agreed peer-review process;

UK


(a) The description is submitted to the Secretariat by relevant proponents in accordance with annex

xxx [all] the State(s) within whose jurisdiction(s) the proposed EBSA is located, together with



Annex XI


IN AREAS BEYOND NATIONAL JURISDICTION


(a) The proposal for an EBSA description is submitted to the Secretariat, using the EBSA

template, together with information on the process that produced the proposal, including the scientifically

sound peer review;

(b) The Secretariat posts information about the proposal on the EBSA website;

(c) The Secretariat also issues notifications biannually regarding all proposals for new areas


(d) On the basis of those proposals, the Secretariat submits a report to the Conference of the

Parties, which decides on one of the following two approaches:

(i) Request the Secretariat to convene an expert workshop, subject to the availability of resources,

to review the proposals. The Secretariat may seek the advice of a relevant expert advisory

body mandated by the Conference of the Parties to provide advice in the planning of the

workshop. The output of the workshop is submitted to the Subsidiary Body on Scientific,

Technical and Technological Advice and to the Conference of the Parties for their

consideration;

(ii) Request the Secretariat to disseminate the report through CBD notification with a period

of three months for public comment. The proponent will then have three months to adjust

the proposal in response to the comments, as appropriate. A report on the proposals is

prepared by the Secretariat and submitted to the Subsidiary Body on Scientific, Technical

and Technological Advice and to the Conference of the Parties for consideration;

(e) Alternately, and in line with decision X/29, paragraph 36, new EBSAs may be described

through a regional workshop convened by the Secretariat, subject to the availability of resources, the outputs

of which are submitted for consideration by the Subsidiary Body on Scientific, Technical and Technological

Advice and by the Conference of the Parties. Description of new EBSAs should be supported with the best

available information.



Argentina

Bracket entire annex

Brazil

Delete entire annex

China

Delete entire annex

Singapore


of three months for comments by Parties, other Governments, relevant organizations and

holders of relevant knowledge public comment. The proponent will then have three months

to adjust the proposal in response to the comments, as appropriate. A report on the proposals

is prepared by the Secretariat and submitted to the Subsidiary Body on Scientific, Technical


UK

(a) The proposal for an EBSA description is submitted to the Secretariat, by relevant proponents in

accordance with annex xxx, using the EBSA template, together with information on the process that

produced the proposal, including the scientifically sound peer review process;

Annex XII


STRADDLING AREAS BOTH WITHIN AND BEYOND NATIONAL JURISDICTION


(a) The proposal for an EBSA description is submitted to the Secretariat, using the EBSA

template, together with information on the process that produced the proposal;

(b) The Secretariat posts information about the proposal on the EBSA website;

(c) The Secretariat also issues notifications biannually regarding all proposals for new areas


(d) On the basis of those proposals, the Secretariat submits a report to the Conference of the

Parties, which decides on one of the following two approaches:

(i) Request the Secretariat to convene an expert workshop, subject to the availability of

resources, to review the proposals. The Secretariat may seek the advice of a relevant expert

advisory body mandated by the Conference of the Parties to provide advice in the planning

of the expert workshop. The output of the expert workshop is submitted to the Subsidiary

Body on Scientific, Technical and Technological Advice and to the Conference of the

Parties for their consideration;


of three months for public comment. The proponent will then have three months to adjust

the proposal in response to the comments, as appropriate. A report on the proposals is

prepared by the Secretariat and submitted to the Subsidiary Body on Scientific, Technical



(e) Alternately, and in line with decision X/29, paragraph 36, new EBSAs may be described

through a regional workshop convened by the Secretariat, subject to the availability of resources, the outputs

of which are submitted for consideration by the Subsidiary Body on Scientific, Technical and Technological

Advice and by the Conference of the Parties. Description of new EBSAs should be supported with best

available information.


Belgium

(a) The proposal for an EBSA description is submitted to the Secretariat, using the EBSA template,


nationally agreed peer review process; ;

Brazil

Delete entire annex

China

Delete entire annex

Finland



nationally agreed peer review process;

France




Portugal




Singapore


of three months for comments by Parties, other Governments, relevant organizations and

holders of relevant knowledgepublic comment. The proponent will then have three months

to adjust the proposal in response to the comments, as appropriate. A report on the proposals

is prepared by the Secretariat and submitted to the Subsidiary Body on Scientific, Technical


UK

(a) The proposal for an EBSA description is submitted to the Secretariat, by relevant

proponents in accordance with annex xxx, using the EBSA template, together with information on the

process that produced the proposal;

cbd/sbstta/24/inf/41 - Convention on Biological Diversity

Documents

Transcript of cbd/sbstta/24/inf/41 - Convention on Biological Diversity