Promising UN High Seas Treaty enters into force

Last weekend, the long-awaited High Seas Treaty came into force as eighty three countries ratified the treaty on the conservation and sustainable use of marine and biological diversity of areas Beyond National Jurisdiction, or BBNJ Agreement This link opens in a new tab. Environmental impact assessment plays a central role in this treaty.

The Netherlands is one of the 145 co-signatories to the agreement. Together with other organisations, the Netherlands Commission for Environmental Assessment contributed to the text of part IV, where environmental impact assessment is being described as a central procedure. In the treaty, environmental impact assessment is mandatory for planned activities with a potentially significant impact on the high seas, such as fishing, pollution, and heavy shipping. Parties to the treaty must comply with this obligation before such an activity is approved.

Marine Spatial Planning for offshore activities
High Seas (or international waters) are the vast ocean areas beyond any country’s jurisdiction, while the Exclusive Economic Zone (EEZ) refers to the 200-nautical-miles offshore area where a coastal nation has special rights to explore and use marine resources. Marine Spatial Planning (MSP) in the 200 miles zone is the responsibility of these countries. Strategic Environmental Assessment for MSP is acknowledged by the Intergovernmental Oceanographic Commission of UNESCO. They are hosting the MSP Global program that provides guidelines on biodiversity, offshore wind, and other topics. In practice, the NCEA notices that offshore wind energy development is often a trigger to develop a Marine Spatial Plan supported by SEA. This is for example the case in Colombia This link opens in a new tab. The NCEA has contributed to several of UNESCO’s guidelines. These guidelines can be found here This link opens in a new tab.

Questions?
If you have any questions about the BBNJ treaty in relation to environmental impact assessment, contact us!

Alex Puisais | apuisais@eia.nl This link opens in a new tab
Arthur Neher | aneher@eia.nl This link opens in a new tab