From negotiation to implementation: key outcomes of BBNJ PrepCom III

Ocean Image Bank Emilie Ledwidge

The Third Session of the Preparatory Commission (PrepCom III) for the Agreement on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) marked a pivotal step in moving from negotiation to implementation. Held from 23 March to 2 April 2026 at UN Headquarters in New York, the session brought together over 200 representatives from governments, civil society and international organizations to lay the groundwork for the Agreement’s operational phase .

With the BBNJ Agreement having entered into force earlier in January 2026, PrepCom III carried both symbolic and practical weight: it was the first meeting in the implementation era and the last before the inaugural Conference of the Parties (COP1).

Progress toward operationalizing the agreement

One of the central achievements of PrepCom III was advancing the institutional and procedural architecture necessary for the Agreement to function effectively.

Delegates reached agreement on several key elements:

  • Clearing-House Mechanism (CHM): Progress was made on establishing systems for data sharing, transparency and information exchange, critical for global coordination.
  • Financial Mechanisms: Delegates agreed on aspects of the Special Fund and arrangements with the Global Environment Facility (GEF), helping to lay the financial foundation for implementation.
  • Draft Decisions for COP1: A comprehensive set of draft decisions and documents was prepared and forwarded to COP1, covering governance, finance and institutional arrangements.

These outcomes represent concrete steps toward making the Agreement operational, ensuring that its provisions can be translated into action.

Institutional design: secretariat and subsidiary bodies

PrepCom III made important strides in shaping the institutional backbone of the Agreement:

  • Secretariat Arrangements: Delegates developed draft options for establishing the Secretariat, including whether it should be institutionally linked to the United Nations while maintaining autonomy.
  • Selection of Secretariat Seat: Belgium, Chile and China presented bids to host the Secretariat, with a final decision deferred to COP1.
  • Subsidiary Bodies (SBs): Terms of reference and operational modalities were drafted for key bodies that will support implementation, including scientific and technical functions.

These institutional decisions are essential for ensuring coordination, accountability and long-term effectiveness.

Rules of procedure and a mixed outcome

A major focus of PrepCom III was the development of the Rules of Procedure (RoP) for the Conference of the Parties, an essential step in operationalizing the Agreement. Delegates made progress on key aspects, including decision-making processes, observer participation, meeting modalities (such as virtual participation), voting procedures and quorum requirements.

However, several contentious issues remained unresolved, particularly around the extent of observer participation and inclusivity, voting thresholds for key decisions and the interpretation of provisions related to sovereignty and jurisdiction. As a result, the RoP were forwarded to COP1 with bracketed text, signaling that further negotiation will be required.

These procedural challenges reflect the broader outcome of PrepCom III, which delivered both tangible progress and clear signs of strain. As the first meeting following the entry into force of the BBNJ Agreement, it marked a critical shift from negotiation to implementation. Momentum was evident and reinforced by new ratifications from the Dominican Republic and Austria, bringing the total number of Parties to 88 .

At the same time, key governance questions remain unsettled. Divergences over financial rules, the role of subsidiary bodies and procedural details mean that much of the work now shifts to COP1. This balance of progress and uncertainty highlights the complexity of turning a global agreement into a functioning and effective system.

Inclusion will shape success

While PrepCom III focused heavily on technical and institutional outcomes, one theme quietly ran through many discussions: inclusion.

Debates around observer participation, the role of Indigenous Peoples and local communities, and access to decision-making spaces revealed that inclusion is still a work in progress. Questions such as who gets a seat at the table, how voices are heard and what constitutes fair participation remain only partially resolved.

Yet, the Agreement itself recognizes that broad participation is essential. As highlighted during the session, achieving the objectives of the BBNJ Agreement is a shared responsibility that depends on wide and meaningful participation .

Looking ahead, true success will not be measured only by rules adopted or institutions created but by:

  • How accessible decision-making processes are
  • Whether diverse knowledge systems are respected
  • How effectively smaller and underrepresented actors can engage

COP1 will be a defining moment, not just for finalizing procedures, but for ensuring that the governance of the global ocean is genuinely inclusive.

Because protecting biodiversity beyond national jurisdiction ultimately requires something just as vast: a global community that is fully part of the process.

Ultimately, the success of the BBNJ Agreement will depend not only on the strength of its legal provisions but on how inclusively they are implemented. Ensuring that small-scale fishers, coastal communities and Indigenous Peoples have a genuine voice in decision-making is essential to bridging the gap between global commitments and local realities. 

Posted on Categories Blogs News Updates
Date Published: 22nd April 2026