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Download XMLOvereenkomst in het kader van het Verdrag van de Verenigde Naties inzake het recht van de zee, inzake het behoud en duurzame gebruik van de mariene biologische diversiteit van gebieden voorbij de grenzen van de nationale rechtsmacht
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Chili | Ja | Nee |
| Cyprus | Ja | Nee |
| EU (Europese Unie) | Ja | Nee |
| Finland | Ja | Nee |
| Frankrijk | Ja | Nee |
| Micronesia | Ja | Nee |
| Portugal | Ja | Nee |
| Spanje | Ja | Nee |
| Turkije | Ja | Nee |
| Verenigd Koninkrijk | Ja | Nee |
| Zuid-Korea | Ja | Nee |
Chili
20-02-2024
The Republic of Chile declares that the provisions of the Agreement 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 shall be applied
and interpreted in accordance with the provisions of the United Nations Convention
on the Law of the Sea of 1982. Therefore, the Republic of Chile understands that the
Agreement is without prejudice to the sovereign rights, jurisdiction and powers of
coastal States under the Convention.
For the purposes of the relationship between the Agreement and the Convention and
other relevant legal instruments and frameworks and relevant global, regional, subregional
and sectoral bodies, the Republic of Chile declares that the Agreement shall in no
case undermine those legal instruments and frameworks, or said bodies, and that it
shall pursue coherence and coordination with those instruments, legal frameworks and
bodies, on the basis of a collaborative and non-prescriptive approach. The Republic
of Chile therefore considers that an interpretation and application that does not
undermine relevant legal instruments and frameworks and relevant global, regional,
subregional and sectoral bodies, neither the establishment of general principles and
approaches nor the strengthening and promotion of international cooperation, as provided
for in articles 5, 6, 7 and 8 of the Agreement, is essential to guiding the relationship
between the Agreement and those instruments, legal frameworks and bodies.
Chile declares that the Agreement shall in no way undermine the legal regimes to which
Chile is a party, such as, among others, the Antarctic Treaty and its related instruments
in force (the Convention on the Conservation of Antarctic Marine Living Resources,
the Convention for the Conservation of Antarctic Seals, and the Protocol on Environmental
Protection to the Antarctic Treaty and its annexes), the South Pacific Regional Fisheries
Management Organisation, the International Seabed Authority and the International
Maritime Organization.
Pursuant to article 70 of the Agreement, no reservations or exceptions may be made
to this Agreement. Therefore, declarations made by the parties in accordance with
article 71 must not exclude or modify the legal effect of the provisions of the Agreement
in respect of the party making such a declaration. The Republic of Chile declares
that it shall not take into account or be bound in any way by declarations made regarding
the Agreement by non-parties, or by declarations made by parties to the Agreement
invoking article 70 which exclude or modify the effect of the provisions of the Agreement.
The Republic of Chile also reserves the right to adopt a formal position, at any time,
on any declaration that may be made, or that has been made, by a non-party or by a
party in relation to matters governed by the Agreement. Not adopting a position or
not responding to a declaration by such States shall not be interpreted or invoked
as tacit consent or approval of that declaration.
For the purposes of the Agreement, the Republic of Chile reaffirms the declaration
it made upon ratification of the United Nations Convention on the Law of the Sea of
1982 with regard to part XV of the Convention, on the settlement of disputes. The
Republic of Chile reiterates that:
(a) In accordance with article 287 of the aforementioned 1982 Convention, it accepts,
in order of preference, the following means for the settlement of disputes concerning
the interpretation or application of the Agreement:
(i) The International Tribunal for the Law of the Sea established in accordance with
annex VI of the Convention;
(ii) A special arbitral tribunal, established in accordance with annex VIII of the
Convention, for the categories of disputes specified therein relating to fisheries,
protection and preservation of the marine environment, and marine scientific research
and navigation, including pollution from vessels and by dumping;
(b) In accordance with articles 280 to 282 of the Convention, the choice of means
for the settlement of disputes indicated in the preceding paragraph shall in no way
affect the obligations deriving from the general, regional or bilateral agreements
to which the Republic of Chile is a party concerning the peaceful settlement of disputes
or containing provisions for the settlement of disputes;
(c) In accordance with article 298 of the Convention, Chile declares that it does
not accept any of the procedures provided for in part XV, section 2, with respect
to the disputes referred to in article 298, paragraphs 1 (a), (b) and (c), of the
Convention.
Cyprus
28-05-2025
1. Pursuant to Articles 70 and 10(1) of the Agreement 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, the Republic of Cyprus declares the
exception of the retroactive effects as set out in the second sentence of Article
10(1), therefore the provisions of this Agreement shall apply for the Republic of
Cyprus only to activities with respect to marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction collected
and generated after the entry into force of this Agreement for the Republic of Cyprus.
2. With regard to the division of the competence of regional economic integration
organizations and their member States in respect of the matters governed by this Agreement,
the Republic of Cyprus refers to the declaration of competence to be made by the European
Union in accordance with Article 67, paragraph 2, of the Agreement.
EU (Europese Unie)
28-05-2025
Declaration of Competence of the European Union made in accordance with Article 67(2)
of the Agreement 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 [2024/1832]
1. The European Union (‘the Union’) submits, in accordance with Article 67(2) of the
Agreement 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
(‘the Agreement’), the following Declaration of Competence in respect of matters governed
by the Agreement.
2. The Union Member States are the Kingdom of Belgium, the Republic of Bulgaria, the
Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic
of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic,
the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the
Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic
of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak
Republic, the Republic of Finland and the Kingdom of Sweden.
3. Pursuant to Articles 3 and 4 of the Treaty on the Functioning of the European Union
(TFEU), in some matters the Union has exclusive competence, and in other matters competence
is shared between the Union and its Member States. Pursuant to Article 4(1) of the
Treaty on European Union (TEU), the Member States remain solely competent for all
matters in respect of which no competence has been conferred upon the Union in the
Treaties.
4. In this regard, the Union declares, firstly, that it is competent to enter into
international agreements, and to implement the obligations resulting therefrom, which
are related to the area of environment, a shared competence with the Member States
pursuant to Article 4(2), point (e), TFEU. This concerns namely the following objectives,
in accordance with Article 191 TFEU:
- preserving, protecting and improving the quality of the environment;
- protecting human health;
- prudent and rational utilisation of natural resources;
- promoting measures at international level to deal with regional or worldwide environmental
problems, and in particular combating climate change.
As regards matters for which Union rules have been adopted, the Union has exclusive
competence in respect of matters governed by the Agreement only to the extent that
provisions of the Agreement or decisions of the Conference of the Parties to the Agreement
may affect common rules or alter their scope within the meaning of Article 3(2) TFEU.
In this regard, the conclusion of the Agreement, on behalf of the Union, does not
affect the attribution of competences between the Union and its Member States according
to the Treaties. In particular, this Declaration should not be interpreted as making
use of the possibility for the Union to exercise its external competence with regard
to areas covered by the Agreement falling within shared competence to the extent that
such competence has not yet been exercised internally by the Union. In the area of
shared competences, the Member States retain their competence insofar as the Agreement
does not affect common rules or alter the scope thereof, including their foreseeable
future development.
Accordingly, the extent of the Union’s competence must be assessed on the basis of
a comprehensive and detailed analysis of the relationship between the Agreement and
the precise provisions of each measure of Union law, on a case-by-case basis. The
scope and the exercise of such Union competences are, by their nature, subject to
continuous development.
5. Secondly, the Union declares that it has a parallel competence to carry out activities
in the following areas:
- research and technological development;
- development cooperation.
In accordance with Article 4(3) and (4) TFEU, the exercise of the Union’s parallel
competence is not to result in Member States being prevented from exercising their
competences.
6. Thirdly, the Union declares that it has exclusive competence as regards the conservation
of marine biological resources under the common fisheries policy, in accordance with
Article 3(1), point (d), TFEU.
7. The Union and its Member States are therefore competent to conclude the Agreement.
The Union’s conclusion of the Agreement is without prejudice to the Member States’
competence as regards the ratification, acceptance or approval of the Agreement.
8. As regards measures to be adopted under the Agreement, the area of competence of
the Union within which the measure falls, will depend on an internal assessment of
the main purpose or component of the measure to be adopted under the Agreement as
well as the objectives and components more specific to the position to be established
by the Union. Accordingly, the Union and its Member States have decided on their respective
responsibilities for the performance of their obligations under the Agreement, in
accordance with Article 67(1) of the Agreement.
9. Finally, as regards the competences transferred to the Union, this Declaration
is without prejudice to the territorial scope of application of the Treaties and shall
be applied under the conditions laid down in the Treaties, in particular Article 355
TFEU. Pursuant to Article 355 TFEU, this Declaration is not applicable to the overseas
countries and territories of the Member States in which the Treaties do not apply
and is without prejudice to such acts or positions as may be adopted under the Agreement
by the Member States concerned on behalf of and in the interest of those overseas
countries and territories.
10. The Union will inform the depositary of any relevant modification of the extent
of its competence, in accordance with Article 67(2) of the Agreement.
Exception by the European Union under Article 70 in conjunction with Article 10(1)
of the Agreement 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 [2024/1833]
Pursuant to Articles 70 and 10(1) of the Agreement 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, the European Union declares the exception
of the retroactive effects as set out in the second sentence of Article 10(1), therefore
the provisions of this Agreement shall apply for the Union only to activities with
respect to marine genetic resources and digital sequence information on marine genetic
resources of areas beyond national jurisdiction collected and generated after the
entry into force of this Agreement for the Union.
Finland
28-05-2025
Pursuant to Article 70 and Article 10, paragraph 1, of the Agreement, the Republic of Finland declares the exception of the retroactive effects as set out in the second sentence of Article 10, paragraph 1, therefore the provisions of the Agreement shall apply for the Republic of Finland only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected and generated after the entry into force of the Agreement for the Republic of Finland.
Frankrijk
05-02-2025
1. In accordance with article 70 and article 10, paragraph 1, of the Agreement 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, France hereby
makes an exception to exclude retroactive application, as provided for in the second
sentence of article 10, paragraph 1, such that the provisions of this Agreement, for
France, apply only to activities with respect to marine genetic resources and digital
sequence information on marine genetic resources of areas beyond national jurisdiction
collected or generated after the entry into force of this Agreement for France.
2. With reference to article 71 of the Agreement, France wishes to reaffirm that it
fully supports the United Nations Declaration on the Rights of Indigenous Peoples,
adopted on 13 September 2007, which is mentioned in the preamble to the Agreement.
The Declaration represents the culmination of a long process marking a vital advance
in the protection of the human rights of Indigenous and local populations.
With reference to the interpretive statement that it made at the time of adoption
of the Declaration, France wishes to reaffirm that, by virtue of the constitutional
principles of the indivisibility of the Republic, the unity of the French people and
the equality of citizens before the law, all French citizens have the same rights
and obligations under the Constitution, irrespective of their origin.
France is directly concerned with the populations of its overseas territorial communities
and has established specific provisions in its national laws that are aligned with
its constitutional principles.
France thus carries out programmes to support their economic and social development
within a framework that is tailored to the specificities of those populations, which
are holders of traditional knowledge, and to their cultural expression. Those specificities
are reflected in Act No. 2016-1087 on the restoration of biodiversity, nature and
the countryside, adopted on 8 August 2016, through which France meets its international
obligations under the Nagoya Protocol on Access to Genetic Resources and the Fair
and Equitable Sharing of Benefits Arising from Their Utilization to the Convention
on Biological Diversity. Title V of the Act, on access to genetic resources and the
sharing of benefits arising from their utilization, enables France to honour in particular
its obligations to protect the traditional knowledge held by local communities.
In order to ensure consistency with the laws in force and legal certainty for users,
the provisions of the Agreement relating to the traditional knowledge held by local
communities will be interpreted in a manner consistent with our constitutional principles.
3. With reference to article 60, paragraph 4, of the Agreement, France reaffirms the
declaration that it made when it ratified the United Nations Convention on the Law
of the Sea concerning Part XV, on settlement of disputes:
“With reference to the provisions of article 298, paragraph 1, France does not accept
any of the procedures provided for in Part XV, section 2, with respect to the following
disputes:
- Disputes concerning the interpretation or application of articles 15, 74 and 83
relating to sea boundary delimitations, or those involving historic bays or titles;
- Disputes concerning military activities, including military activities by government
vessels and aircraft engaged in non-commercial service, and disputes concerning law
enforcement activities in regard to the exercise of sovereign rights or jurisdiction
excluded from the jurisdiction of a court or tribunal under article 297, paragraph
2 or 3;
- Disputes in respect of which the Security Council of the United Nations is exercising
the functions assigned to it by the Charter of the United Nations, unless the Security
Council decides to remove the matter from its agenda or calls upon the parties to
settle it by the means provided for in this Convention.”
4. With regard to the division of the competence of regional economic integration
organizations and their member States in respect of the matters governed by this Agreement,
France refers to the declaration of competence to be made by the European Union in
accordance with article 67, paragraph 2, of the Agreement.
Micronesia
03-06-2024
The Government of the Federated States of Micronesia declares that its ratification
of the Agreement shall in no way constitute a renunciation of any of its rights and
entitlements under international law, particularly as reflected in the United Nations
Convention on the Law of the Sea (“Convention”).
In this connection, recognizing that areas beyond national jurisdiction are the scope
of application of the Agreement and acknowledging that the Agreement defines areas
beyond national jurisdiction to comprise the high seas and the Area, the Government
of the Federated States of Micronesia affirms that the Convention imposes no affirmative
obligation to keep baselines and outer limits of maritime zones under review nor to
update charts or lists of geographical coordinates once deposited with the Secretary-General
of the United Nations; and proclaims that the maritime zones of the Federated States
of Micronesia, as established and notified to the Secretary-General of the United
Nations in accordance with the Convention, and the rights and entitlements that flow
from them, shall continue to apply, without reduction, notwithstanding any physical
changes connected to climate change-related sea-level rise.
The identification of areas beyond national jurisdiction for the purposes of interpreting
and implementing the Agreement must therefore be fully in accordance with the declarations
made above by the Government of the Federated States of Micronesia.
Portugal
28-05-2025
The Portuguese Republic hereby declares, in accordance with paragraph 1 of Article 10 and Article 70 of the Agreement 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, that the provisions of the Agreement 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 pertaining to activities related to marine genetic resources and digital sequence information on marine genetic resources from areas beyond national jurisdiction shall not apply to the resources and information that were collected or generated prior to the entry into force of the Agreement 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. These provisions shall apply exclusively from the date on which the Agreement 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 enters into force.
Spanje
04-02-2025
In respect to paragraph 1 of article 10 on the application of the provisions of the Agreement to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction, the Kingdom of Spain declares, in accordance with the said paragraph 1 of article 10 and under article 70 on reservations and exceptions, that these provisions will not be applicable until the date of entry into force of the Agreement for Spain.
Turkije
27-09-2024
… the signature, ratification, accession, acceptance or approval of the agreement
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
(BBNJ Agreement) by the Government of the Republic of Türkiye is without prejudice
to the rights and interests of Türkiye as a non-party to the United Nations Convention
on the Law of the Sea, 1982 (UNCLOS) and cannot be construed as a change in the legal
position of Türkiye with regard to UNCLOS.
Recalling Türkiye’s statement made during the adoption of the United Nations Declaration
on the Rights of Indigenous Peoples, Türkiye declares that there does not exist any
group of people in its territory which could be considered as ‘indigenous peoples’
within the framework of the Agreement.
This declaration is without prejudice to additional declarations and/or reservations
that may be made in the future by Türkiye.
Verenigd Koninkrijk
20-09-2023
In signing the Agreement, the Government of the United Kingdom of Great Britain and
Northern Ireland (the “United Kingdom”) recalls Article 71 of the Agreement and has
the honour to convey the following declarations:
1. The United Kingdom welcomes the general obligation to interpret and apply the BBNJ
Agreement in a manner that promotes coherence and coordination with and that does
not undermine other relevant instruments, frameworks and global, regional, subregional
and sectoral bodies. In this context, the United Kingdom notes that the Antarctic
Treaty system comprehensively addresses the legal, political and environmental considerations
unique to that region and provides a comprehensive framework for the international
management of the Antarctic.
2. The United Kingdom notes references in paragraph 8 of the Preamble to “the existing
rights of Indigenous Peoples, including as set out in the United Nations Declaration
on the Rights of Indigenous Peoples, or of, as appropriate, local communities,” and
in Article 7(k) to “the rights of Indigenous Peoples or of, as appropriate, local
communities”. The United Kingdom’s long-standing and well-established position, set
out in its annual explanation of position at the UN General Assembly on the rights
of indigenous people, is that human rights are held exclusively by individuals. With
the exception of the right of self-determination (Common Article 1 of the two International
Human Rights Covenants), the United Kingdom does not recognise collective human rights
in international law. The United Kingdom consider this important in ensuring that
individuals within groups are not left vulnerable or unprotected by allowing the rights
of the groups to supersede the human rights of the individual. The United Kingdom
therefore understands any internationally-agreed reference to the rights of indigenous
peoples or local communities, including those in the UN Declaration on the Rights
of Indigenous Peoples and, in the Agreement signed today, to refer to those rights
bestowed by governments at the national level. The United Kingdom further understands
the term “local communities” to be used consistently with the way it is used in the
Convention on Biological Diversity.
Zuid-Korea
19-03-2025
Pursuant to Articles 10 and 70 of this Agreement, the Republic of Korea makes an exception that the application of the provisions of the Agreement does not extend to the utilization of marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected or generated before the entry into force of the Agreement for the Republic of Korea.