Biodiversity Beyond National Jurisdiction Bill

34. Clause 1 subsection (1) sets out the full name of the BBNJ Agreement.

35. Clause 1 subsection (2) establishes that for the purposes of the Bill two terms have the meaning that they have in Article 1 of the Agreement:

• "Areas beyond national jurisdiction" means the high seas and the Area. The Area is defined in UNCLOS as "the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction". The high seas are defined in UNCLOS as "all parts of the seas that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State".
• "Marine genetic resources" means any material of marine plant, animal, microbial or other origin containing functional units of heredity of actual or potential value."

36. Clause 2 of the BBNJ Bill gives effect to the provisions in Article 12(2) to (5) of the BBNJ Agreement regarding the collection of MGR from ABNJ.

37. Clause 2 subsection (1) applies the obligations in these provisions of the BBNJ Agreement to a project in which a UK craft is used to collect MGR in an area beyond national jurisdiction. "UK craft" is defined in clause 20 subsection (1) of the Bill.

38. Clause 2 subsection (1) introduces the term "collection project" to refer to the projects to which the notification obligations in subsection (2) apply.

39. Clause 2 subsection (2) sets out the requirement for the "relevant person" in relation to a collection project that intends to collect MGR in an area beyond national jurisdiction to ensure that no such collection takes place unless a notification has been submitted to the Secretary of State.

40. Clause 2 subsection (2)(a) specifies that the notification provided to the Secretary of State must set out the information required by paragraphs (a) to (j) of Article 12(2) of the BBNJ Agreement which are:

• (a) The nature and objectives under which the collection is carried out, including, as appropriate, any programme(s) of which it forms part;
• (b) The subject matter of the research or, if known, the marine genetic resources to be targeted or collected, and the purposes for which such resources will be collected;
• (c) The geographical areas in which the collection is to be undertaken;
• (d) A summary of the method and means to be used for collection, including the name, tonnage, type and class of vessels, scientific equipment and/or study methods employed;
• (e) Information concerning any other contributions to proposed major programmes;

41. Clause 2 subsection (2)(b) specifies that this information must be provided to the Secretary of State at least 7 months prior to the collection project taking place. The BBNJ Agreement requires that the pre-collection notification be sent to the Clearing-House Mechanism established under Article 51 of the Agreement 6 months before the collection starts. The 7-month timeline in the Bill is intended to ensure that the BBNJ national focal point has sufficient time to check the notification and clarify information provided or request any missing information before the notification is sent to the Clearing-House Mechanism. The BBNJ national focal point will be specified in guidance and is intended to be the FCDO Ocean Policy Unit.

42. Clause 2 subsection (3) provides that the Secretary of State may reduce the 7-month period for the provision of the pre-collection notification where they consider there is a compelling reason to do so. An example of a compelling reason would be where there is a natural or man-made disaster necessitating the urgent collection of MGR from ABNJ to ascertain the impact of the disaster on marine biodiversity. It is anticipated that the requirement for notice in writing from the Secretary of State will be fulfilled by means of email correspondence from the BBNJ national focal point.

43. Clause 2 subsection (4) provides that the relevant person must provide a notification to the Secretary of State setting out the information described in paragraphs (a) to (d) of Article 12(5) of the BBNJ Agreement which are:

• (a) The repository or database where digital sequence information on marine genetic resources is or will be deposited;
• (b) Where all marine genetic resources collected in situ are or will be deposited or held;
• (c) A report detailing the geographical area from which marine genetic resources were collected, including information on the latitude, longitude and depth of collection, and, to the extent available, the findings from the activity undertaken;
• (d) Any necessary updates to the data management plan provided under paragraph (2) (j) above.

44. Clause 2 subsection (4) provides that the notification must be provided to the Secretary of State as soon as it becomes available (Clause 2 subsection 4(a)) and in any event before the end of 11 months after the last day on which MGR were collected in an area beyond national jurisdiction (Clause 2 subsection 4(b)).

45. Clause 2 subsection (5) defines the term "collect" in relation to MGR. The definition refers to "collecting" or "sampling" and therefore follows the definition of “collection in situ" in Article 1 of the BBNJ Agreement: ““Collection in situ”, in relation to marine genetic resources, means the collection or sampling of marine genetic resources in areas beyond national jurisdiction.”

46. The term “sampling” was included in the definition under the BBNJ Agreement to anticipate a situation in which MGR are not removed from ABNJ but are the subject of research on board a craft or equipment to extract data, or where data related to MGR are extracted from the marine environment through the sampling of e-DNA.

47. The definition is intended to make clear that the obligation to provide pre- and post-collection notifications under the Bill will not apply where the purpose of the activity is not the collection of MGR, but MGR may be collected incidentally while collecting other physical samples such as sediment cores or water samples. For example, a research project to collect MGR from ABNJ in order to study specific traits of the organisms collected would require pre- and post-collection notifications, whereas a research project focused on the chemical composition of deep sea sediment which involves the collection of sediment cores which may contain microbes would not be required to notify as the collection of MGR in this situation would be incidental and not the focus of the research project. It is unlikely that MGR of ABNJ collected unintentionally during the collection of other physical samples such as sediment cores will be subject to utilisation as these samples are generally not stored over the long term.

48. Clause 2 subsection (5) also defines “the relevant person" in charge of a collection project as the person with principal responsibility for the scientific or technical aspects of the project so far as it concerns marine genetic resources. For the UK's national research vessels, which are currently the main UK craft used for the collection of MGR from ABNJ, this would be the Chief Scientist in charge of a research cruise. The relevant person would be the principal researcher on any other craft whether commercial or academic. Annex B provides an outline of how the existing research cruise process works in the UK and how this would interact with the MGR provisions.

49. Clause 3 subsection (1) sets out the application of the provisions of clause 3 on utilisation. The obligations in relation to utilisation apply to a project, named a “utilisation project", which involves the utilisation in the UK of (a) MGR of ABNJ or (b) DSI on such MGR.

50. Clause 3 subsection (2) defines the “relevant person" for the purposes of the provisions of Clause 3 as “the person who controls the utilisation project”. This terminology has been selected to address the fact that a utilisation project includes academic research on or commercial use of MGR or DSI in the UK. The “relevant person” may be the senior researcher responsible for an academic project or a compliance officer within a commercial entity. Further examples will be set out in guidance. Subsection (2) sets out the obligation on the relevant person to ensure that information is provided to the Secretary of State in accordance with the Schedule (see paragraphs 185-198 below).

51. Clause 3 subsection (3) provides that the relevant person must ensure that samples of any MGR whose utilisation falls within subsection (1)(a) are deposited in a suitable repository.

52. Clause 3 subsection (4) provides that the relevant person must ensure that any DSI on MGR whose utilisation falls within subsection (1)(b) is recorded in a suitable database.

53. Clause 3 subsection (5) provides that the timeframe for completing the requirements in subsections (3) and (4) is within 3 years of the start of the utilisation project.

54. Clause 3 subsection (6) provides that the relevant person must ensure that the MGR samples or DSI on MGR about which utilisation information is provided should be identifiable by reference to any Article 12(3) identifier relating to the MGR concerned. The term “Article 12(3) identifier" is defined in clause 20.

55. Clause 3 subsection (7) sets out the requirements that determine whether a repository or database is suitable. The first requirement in clause 3 subsection (7)(a) is that the repository or database must be publicly accessible. This reflects the provisions of Article 14(2) of the BBNJ Agreement which sets out a list of non-monetary benefits arising from activities related to MGR of ABNJ and DSI on such MGR. These include:

• (a) Access to samples and sample collections in accordance with current international practice;
• (b) Access to digital sequence information in accordance with current international practice."

56. The second requirement in subsection (7)(b) is that the repository or database, regardless of where it is located in the world, must be operated in accordance with current international practice. “Current international practice" encompasses scientific practice in terms of storage and access to samples or information. The possibility that an MGR or DSI on MGR may be stored in a repository or deposited in a database outside the UK reflects the international nature of scientific research and research and development. Work undertaken by a person in the UK which would trigger the obligation to submit a utilisation notification to the Secretary of State may be part of a broader international scientific programme in which the decision has been taken to use repositories and databases outside the UK for storage. It may also be the case that samples are deposited with a repository outside the UK as a form of benefit sharing.

57. Depositing genetic data in open access databases prior to publication is well-established in the scientific community and required by peer-reviewed scientific journals. UK Research and Innovation's (UKRI) open access policy4 mandates that recipients of funding from any of the UK research councils must provide open access to research articles and publications resulting from publicly-funded research, and UKRI's policy states that “research data should be made openly available with as few restrictions as possible".

58. Clause 4 applies to information provided to the Secretary of State under clauses 2 or 3 of the Bill. Clause 4 subsection (2) provides that the Secretary of State may give information to the Clearing-House Mechanism established under the BBNJ Agreement.

59. Clause 4 subsection (3) provides that the Secretary of State may not give information to the Clearing House Mechanism where (a) that information is protected by disclosure under the National Security Act 2023 or (b) in the opinion of the Secretary of State, Article 51(6) of the Agreement does not require such information to be shared. Article 51(6) of the Agreement provides that “(N)othing under this Agreement shall be interpreted as requiring the sharing of information that is protected from disclosure under the domestic law of a Party or other applicable law”. By placing the decision on the Secretary of State as to whether information is (a) protected information under the National Security Act 2023 or (b) protected by disclosure under Article 51(6), the UK can satisfy itself that its obligations to provide information under Part II of the Agreement are not undermined by an overly broad interpretation of what is protected from disclosure.

60. Clauses 5 and 6 of the Bill give effect to obligations related to repositories and databases in Part II of the BBNJ Agreement. These obligations are designed to ensure the sharing of benefits through access to MGR of ABNJ and DSI on such MGR. The collection of MGR in ABNJ is mostly undertaken from research vessels and is a very costly undertaking. Enhancing access to MGR of ABNJ and DSI generated on those MGR is an important element of benefit sharing.

61. Clause 5 subsection (1) confirms that the provisions of clause 5 apply to repositories in the UK in which samples of MGR of ABNJ are stored. The main repositories of MGR of ABNJ in the UK are the Natural History Museum (NHM) and the National Oceanography Centre's (NOC) Discovery Collection. Museums are common repositories of MGR including the National Museum Scotland, National Museum Cardiff, University of Cambridge Museums, and the Oxford University Museum of Natural History. The Scottish Association of Marine Science is a major repository of MGR in Scotland. Universities with a focus on marine biology are also repositories of MGR from ABNJ, such as Aberdeen, Bangor, Edinburgh, Essex, Liverpool (although most is sent to the NOC Discovery Collection), Newcastle, Oban (although most goes to National Museum Scotland), Plymouth, and Strathclyde.

62. Clause 5 subsection (2) places obligations on the person who controls the repository with respect to the management of the samples of MGR of ABNJ implementing the provisions of Articles 12(6) and (7) and Article 14 (2) (a) of the BBNJ Agreement.

63. Clause 5 subsection (2)(a) requires the person who controls the repository to ensure that so far as reasonably practicable (i) the samples can be identified as originating from ABNJ and (ii) in particular they can be identified by reference to an Article 12(3) identifier if one has been generated that applies to that sample. The term “Article 12(3) identifier" is defined in clause 20. It is considered best practice by the international scientific community for researchers to deposit MGR collected during marine scientific research in repositories such as the collections of museums or other scientific, research, and educational institutions with adequate infrastructure and funding to manage and curate them long-term. New samples being deposited in the largest repositories in the UK of MGR from ABNJ, the Discovery Collection at NOC and the NHM, are geolocated and labelled as part of current best practice. This requirement ensures that repositories can comply with the obligation to report on access to MGR in accordance with Article 12(7) as set out in Clause 5 subsection (2)(c).

64. Clause 5 subsection (2)(b) requires the person with control over the repository to ensure access to the samples for the purposes of utilisation. “Access” in the context of repositories of MGR from ABNJ means making a sample physically available to another natural or juridical person for the purposes of utilisation as defined in Clause 20 subsection (1). Reasonable conditions can be placed on access as set out in Clause 7(1). Repositories such as the NOC Discovery Collection and the NHM already make samples accessible to researchers through in-person visits to the repositories or loan agreements, subject to reasonable conditions.

65. Clause 5 subsection (2)(c) implements the obligation set out in Article 12(7) with respect to repositories. Article 12(7) states: “Parties shall ensure that repositories, to the extent practicable, and databases under their jurisdiction prepare, on a biennial basis, an aggregate report on access to marine genetic resources and digital sequence information linked to their “BBNJ” standardized identifier, and make the report available to the access and benefit-sharing committee established under article 15."

66. The policy intention behind this reporting requirement in the BBNJ Agreement is to provide the access and benefit-sharing committee with information on which to base their recommendations to the Conference of the Parties on the operation of the benefit sharing obligations in the Agreement.

67. Clause 5 subsection (2)(c) requires that every two years the person who controls the repository provides the Secretary of State with a report setting out, so far as reasonably practicable, the number of times access to samples has been provided for the purpose of utilisation. Clause 7 subsections (2) and (3) expand on the timing of these reports. The obligation on repositories is limited to requests for access for utilisation within the definition provided in clause 20 subsection (1). This is because repositories record the reasons for loans from their collections, which can include utilisation but also could be for purposes such as display in an exhibition, which would not fall within this reporting requirement.

68. Clause 5 subsection (3) implements the obligation in Article 12(7) that the report must identify the samples by reference to their BBNJ batch identifier.

69. Clause 6 implements the obligation set out in Article 12(7) with respect to databases.

70. Clause 6 subsection (1) applies the provisions of this clause in relation to a UK database in which DSI on MGR is stored, which is defined in subsection (2).

71. Clause 6 subsection (2) defines a UK database as a database controlled by a person in the UK (subsection (2)(a)) and accessible by members of the public (subsection (2)(b)). The test for whether a database is controlled by a person in the UK is set out in subsection (5). The requirement that the database be accessible by members of the public follows from the requirement in Clause 3(7) that DSI generated on MGR of ABNJ in the course of utilisation as defined by Clause 20 subsection (1) must be deposited in a publicly accessible database.

72. Clause 6 subsection (3) sets out the obligations on the person who controls a UK database. As with samples in Clause 5 above, clause 6 subsection (3)(a) requires that as far as reasonably practicable they must ensure that the DSI (i) can be identified as relating to MGR originating from ABNJ and (ii) in particular they can be identified by reference to an Article 12(3) identifier if one has been generated that applies to the MGR on which the DSI has been generated. With respect to the geographical requirement, the largest publicly-accessible database, the International Nucleotide Sequence Database Collaboration (INSDC) which consists of three organisations, based in the UK (the European Nucleotide Archive operated by the European Molecular Biology Laboratory European Bioinformatics Institute based in Cambridge) the US and Japan, has recently introduced the requirement for geospatial data on the origin of the organism on which the sequence has been generated to be submitted when the sequence is uploaded.

73. Clause 6 subsection 3(b) requires that access is provided to the DSI, subject to the provisions of Clause 7 subsection (1) on reasonable conditions. “Access" in the context of databases containing DSI means DSI can be downloaded from the database or can be viewed programmatically.

74. Clause 6 subsection (3)(c) implements the reporting requirements of Article 12(7) with respect to databases. The requirement for databases to report on access refers to the number of times such DSI has been viewed or downloaded. There is no reference to the purpose for which the DSI was viewed or downloaded because databases do not require their users to inform them of the reasons why they are accessing the data.

75. Clause 6 subsection (4) requires that the report provided under clause 6 subsection (3)(c) should identify the DSI with reference to any BBNJ batch identifier relating to the MGR on which the DSI was generated.

76. Clause 6 subsection (5) deems that the person responsible for a database is in the UK and therefore required to comply with the provisions in clause 6 if they are an individual who is habitually resident in the UK (subsection 5(a)), or an entity incorporated or formed under the law of any part of the UK (subsection 5(b)). This is to ensure that there is a genuine link between the database and the UK, rather than for example, it being controlled remotely from overseas.

77. Clause 7 of the BBNJ Bill sets out details on provisions that are common to clauses 5 and 6.

78. Clause 7 subsection (1) gives effect to Article 14(4) of the BBNJ Agreement, regarding reasonable conditions that may be placed on access to MGR of ABNJ and DSI generated on such MGR. Such reasonable conditions will be set out in guidance. Article 14(4) provides: "Access to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction in the repositories and databases under a Party's jurisdiction may be subject to reasonable conditions, as follows:

• (a) The need to preserve the physical integrity of marine genetic resources;
• (b) The reasonable costs associated with maintaining the relevant gene bank, biorepository or database in which the sample, data or information is held;
• (c) The reasonable costs associated with providing access to the marine genetic resource, data or information;
• (d) Other reasonable conditions in line with the objectives of this Agreement; and opportunities for such access on fair and most favourable terms, including on concessional and preferential terms, may be provided to researchers and research institutions from developing States."

79. The conditions set out in the BBNJ Agreement reflect conditions that institutions such as NOC and the NHM already implement. With respect to Article 14(4)(d), examples of other reasonable conditions within the meaning of Article 14(4) that UK institutions already implement include:

• restrictions placed on access by other international agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
• if the entire sample is to be used or destroyed as part of the scientific study process proposed in the loan agreement;
• if the sample is required to be sent to another country where the sample weight, fragility and rarity or uniqueness in a collection might preclude this or where the postal, customs, or policy procedures in the country to which the sample would be sent are not sufficient to ensure access;
• if access is requested by individuals who are known to have badly damaged specimens, taken them without authorisation, or failed to comply with the institutional loan requirements.

80. Clause 7 subsection (2) clarifies the "relevant 2-year period" for the purpose of the reports required under Clauses 5 and 6. The first 2-year period will begin either from the date on which the BBNJ Agreement enters into force (subsection (2)(a)(i)) or when the BBNJ Agreement enters into force for the UK (subsection (a)(ii)) whichever is later. Clause 7 subsection 2(b) states that a report will then be required for each subsequent period of 2 years.

81. Clause 7 subsection (3)(a) confirms that the reports under clauses 5(2)(c) and 6(3)(c) will be due within 2 months from the end of the relevant 2-year period.

82. Clause 7 subsection (3)(b) enables the Secretary of State to provide directions varying the time specified under subsection 3(a) if it is required to comply with any timetable set by the access and benefit-sharing committee established under Article 15 of the BBNJ Agreement. This reflects the policy intention behind the requirement to provide the reports in the BBNJ Agreement, which is to support the access and benefit-sharing committee to discharge its role under Article 15 and provide advice to the Conference of the Parties.

83. Clause 7 subsection (4) provides that the directions referred to in subsection (3)(b) may be general or specific. This reflects the possibility that the access and benefit-sharing committee may set different timetables for reports from repositories or databases.

84. Clause 8 sets out exceptions from the requirements of Part 2 of the BBNJ Bill with respect to fishing and fishing related activities, military activities and military vessels and aircraft, anything done in Antarctica and the MGR and DSI on the MGR of Antarctica.

85. Clause 8 subsection (1)(a) and (b) implement the provisions of Article 10(2) of the BBNJ Agreement: "The provisions of this Part shall not apply to: (a) Fishing regulated under relevant international law and fishing-related activities; or (b) Fish or other living marine resources known to have been taken in fishing and fishing-related activities from areas beyond national jurisdiction, except where such fish or other living marine resources are regulated as utilization under this Part."

86. The intention behind Article 10(2) is to exempt commercial fishing as well as activities related to fishing, such as fish stock assessments, from the provisions of Part II of the Agreement. The approach taken in the Agreement is somewhat complicated as it excludes in Article 10(2)(b) “fish or other living marine resources known to have been taken in fishing-related activities" from the provisions of Part II except where they are “regulated as utilisation under this Part". The intention is to exclude activities that would count as “utilisation" within the meaning of the BBNJ Agreement where the research is related to fishing. The intention is, however, to capture instances where fish or other marine resources that were originally taken during fishing or fishing-related activities are later subject to utilisation that is not related to fishing-related activities. The approach in the BBNJ Bill is to set up the regime under Part 2 and then specifically exclude fishing and fishing-related activities including utilisation for fishing-related activities.

87. Clause 8 subsection (1)(a)(i) and (ii) exclude fishing using a UK craft by reference to the provisions of the Fisheries Act 2020.

88. Clause 8 subsection (1)(b) excludes fishing-related activities. It does so by reference to activities undertaken in accordance with the joint fisheries statement or any document or plan issued by the fisheries policy authorities or the Marine Management Organisation for the purposes of the Fisheries Act 2020, which are undertaken to give effect to the scientific objective as set out in section 1(5) of the Fisheries Act 2020. The provision is clear that research that will otherwise count as utilisation within the meaning of the Bill is excluded from the provisions of the Bill if it uses fish taken in fishing or fishing-related activities and if the research is undertaken to give effect to the scientific objective set out in the Fisheries Act. This would exclude fish or other marine living resources taken during research cruises on the MV Endeavour, a research vessel owned and operated by the Centre for Environmental, Aquaculture and Fisheries Science (CEFAS), or the MV Scotia which is owned and operated by Marine Scotland, where the cruise and the research is undertaken to give effect to the scientific objective. Clause 8 subsection (2) defines “the fisheries policy authorities” and “joint fisheries statement” by reference to the Fisheries Act 2020.

89. Clause 8 subsection 1(c) exempts warships, aircraft or naval auxiliary ships from the provisions of Part 2 of the Bill. This is consistent with Article 4 of the Agreement which states: "This Agreement does not apply to any warship, military aircraft or naval auxiliary. Except for Part II, this Agreement does not apply to other vessels or aircraft owned or operated by a Party and used, for the time being, only on government non-commercial service. However, each Party shall ensure, by the adoption of appropriate measures not impairing the operations or operational capabilities of such vessels or aircraft owned or operated by it, that such vessels or aircraft act in a manner consistent, so far as is reasonable and practicable, with this Agreement."

90. Clause 8 subsection 1(d) gives effect to the exemption in the Agreement for military activities. Article 10(2) of the Agreement states: "The obligations in this Part shall not apply to a Party's military activities, including military activities by government vessels and aircraft engaged in non-commercial service. The obligations in this Part with respect to the utilization of marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction shall apply to a Party's non-military activities.”

91. The exceptions are intended to ensure that research activities conducted from State owned or operated research vessels – for example the Royal Research Ships – are captured by the provisions of Part II of the Agreement, whilst excluding military ships, aircraft and activities from the obligations in that Part.

92. Clause 8 subsection (1)(e) excludes from the provisions of Part 2 of the BBNJ Bill any activity conducted in Antarctica, and clause 8 subsection (1)(f) excludes the MGR of Antarctica, including DSI generated on such MGR. Article 5(2) of the BBNJ Agreement provides: "This Agreement shall be interpreted and applied in a manner that does not undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and that promotes coherence and coordination with those instruments, frameworks and bodies.”

93. In its Declaration on signature of the BBNJ Agreement the UK noted that “the Antarctic Treaty system comprehensively addresses the legal, political and environmental consideration unique to that region and provides a comprehensive framework for the international management of the Antarctic". The exceptions in Clause 8 subsection 1(e) and (f) reflect the UK's position that the Antarctic Treaty system is competent with respect to the MGR and DSI generated on such MGR of Antarctica. Clause 8 subsection (2) confirms the meaning of "Antarctica" by reference to the Antarctic Act 1994.

94. Clause 9 provides for the Secretary of State to make regulations in future which may be necessary for implementing the UK's obligations under Part 2 of the BBNJ Agreement relating to MGR (subsection (1)).

95. Clause 9 subsection (2) sets out the subject matter of regulations that may be made under the power set out in subsection (1). Those are:

• a) to ensure that the UK complies with Part II of the BBNJ Agreement in a way that is consistent with Article 5(2) of the Agreement (which is about interaction between the BBNJ Agreement and other instruments) by avoiding conflict between the UK's obligations under the BBNJ Agreement and those under any other international agreement or arrangement to which the UK is a party;
• b) to give effect to any decision of the Conference of the Parties to the BBNJ Agreement in relation to the sharing of monetary benefits from the utilisation of MGR of ABNJ or the DSI generated on such MGR. This could include imposing requirements to disclose information relevant to the calculation of any payment required or to make payments;
• c) to make any changes to the regime set out in Part 2 of the Bill that are required to give effect to decisions of the Conference of the Parties related to the operation of the BBNJ Clearing-House Mechanism established under Article 51 of the BBNJ Agreement;
• d) to limit the application of Part 2 of the Bill in accordance with Article 51(6) of the Agreement which would include amending the listed categories of protected information in Clause 4;
• e) to ensure that no person is subject to overlapping obligations by virtue of Part 2 of the BBNJ Bill and corresponding provision of the law of another State Party to the BBNJ Agreement;
• f) to make provision about the enforcement of requirements in respect of Part 2 of the BBNJ Bill.

96. Clause 9 subsection (3) sets out that a “corresponding provision” for the purposes of Clause 9 subsection (2)(e) is a provision that has substantially the same effect as a provision in Part 2 of the BBNJ Bill.

97. Clause 9 subsection (4) confirms that regulations made under Clause 9 may apply in ABNJ or otherwise outside the UK.

98. Clause 9 subsection (5) provides further details on how the power to make regulations relating to enforcement set out in Clause 9 subsection (2)(f) will be exercised. The provisions may include:

• a. for civil sanctions to be imposed;
• b. for an undertaking to be enforceable;
• C. monitoring compliance with requirements;
• d. requirements for the making and keeping of records and documents;
• e. requirements to provide information.

99. Clause 9 subsection (6) provides that regulations made under Part 2 may amend or otherwise modify Part 2 of the Bill apart from Clauses 9 and 20.

100. Clause 9 subsection (7) provides that any consequential provisions that may be made by regulations under Clause 9 in reliance on the power in clause 22(2)(b) of the Bill to make consequential provisions can include a provision to amend or repeal a provision of an Act of Parliament.

101. Clause 9 subsection (8) applies the draft affirmative procedure to any regulations made under Clause 9 that (a) amend or repeal an Act of Parliament; (b) introduce a monetary benefit sharing regime in accordance with Clause 9 subsection 2(b); or (c) create a civil sanction or vary the maximum amount of any monetary penalty.

102. Clause 9 subsection (9) applies the negative procedure to all other regulations made under Clause 9.

103. Clause 10 subsection (1) sets out the requirement for the Secretary of State to publish guidance about the requirements imposed by or under Part 2 of the Bill. The guidance will be prepared and published by the BBNJ national focal point. In preparing the guidance, particular attention will be paid to illustrative examples that support individuals and organisations in understanding how and when the obligations may apply to them.

104. Clause 10 subsection (2)(a) requires the Secretary of State to keep the guidance under review. Clause 10 subsection (2)(b) confirms that the Secretary of State may revise the guidance, and Clause 10 subsection (2)(c) obliges the Secretary of State to publish any revised guidance.

105. Clause 10 subsection (3) requires the Secretary of State to have regard to the importance of giving effect to the Agreement in preparing and revising any guidance. This provision will be particularly important once the BBNJ Agreement enters into force and the access and benefit-sharing committee established under Article 15 starts its work. One of the issues on which the access and benefit-sharing committee may provide recommendations to the Conference of the Parties under Article 15(3)(a) is: "Guidelines or a code of conduct for activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction in accordance with this Part;"

106. Should the access and benefit-sharing committee not make recommendations in accordance with Article 15(3)(a), there are still a number of issues, including in particular how the Clearing-House Mechanism will operate in practice, that have yet to be settled at the international level. Decisions taken by the Conference of the Parties in putting the Agreement into operation may lead to a need to revise the guidance published in accordance with Clause 10.

107. Clause 10 subsection (4) requires the Secretary of State to lay the guidance and any revised guidance before Parliament.

108. Clause 11 provides for the Secretary of State to make regulations to implement ABMT and related measures.

109. Clause 11 subsection (1) provides that the section applies where the Conference of the Parties take a decision under one of the listed Articles of the BBNJ Agreement. This includes Article 22(1)(a) of the BBNJ Agreement, referred to in subsection (1)(a), where the Conference of the Parties can take decisions on the establishment of ABMT, including marine protected areas, and related measures. An example of this could be a new marine protected area designated to protect a certain feature like a spawning ground for a migratory species at a particular time of year. Subsection (1)(b) refers to Article 22(1)(b), which covers decisions by the Conference of the Parties on measures compatible with other legal instruments and frameworks. This could include measures that would work alongside and contribute to the outcomes of a measure of another body, such as building on an existing fisheries-related measure (for example a closed area) by protecting other species at the same time, therefore achieving greater ecological outcomes. Subsection (1)(c) refers to Article 24(1) of the BBNJ Agreement, which covers measures that are adopted by the Conference of the Parties on an emergency basis, when a natural phenomenon or human-caused disaster has caused, or is likely to cause, serious or irreversible harm to marine biological diversity of ABNJ, to ensure that the serious or irreversible harm is not exacerbated. An example of an emergency measure could be to divert shipping traffic in the event of a disaster.

110. Clause 11 subsection (2) provides for the Secretary of State to make regulations for the purpose of meeting the UK obligation under Article 25(1) of the BBNJ Agreement as it applies in relation to such a decision of the Conference of Parties. Article 25(1) requires Parties to the BBNJ Agreement to ensure that activities under their jurisdiction or control that take place in ABNJ are conducted consistently with decisions taken under Part III of the Agreement.

111. Clause 11 subsection (3) describes provision that may (among other provision) be made using this power. This includes provision which may apply in ABNJ or otherwise outside of the UK (subsection (3)(a)). It may also include provision relating to enforcement (subsection (3)(b)), for which further details are provided in subsection (4). Subsection (3)(c) provides that fees may be charged in relation to carrying out functions under the regulations (including enforcement functions). This could include, for example, fees associated with an application to carry out a licensable activity under the Marine and Coastal Access Act 2009. Subsection 3(d) allows provision to be made by reference to other documents as updated from time to time. This allows for regulations to stay up-to-date as those documents which are referenced are updated over time.

112. Clause 11 subsection (4)(a)-(g) expands on subsection (3)(b) and provides an outline of what enforcement provisions may be made under these regulations. Subsection (4)(g) provides that provision may be made that is similar to, or applies, any provisions under Part 10 of the Merchant Shipping Act 1995 (enforcement officers and powers) or Part 8 of the Marine and Coastal Access Act 2009 (enforcement). The provisions in these Acts relate to the appointment of enforcement officers and their corresponding powers to carry out enforcement actions under that legislation. This, therefore, provides for regulations made under Clause 11 to include similar common enforcement powers which may include, for example, the power to board and inspect vessels and marine installations or power to direct a vessel or marine installation to port.

113. Clause 11 subsection (5) explains the limitations to any criminal offences created by regulations made using this power. An offence may not be punishable on summary conviction by imprisonment (subsection (5)(a)). An offence may not be punishable on indictment with imprisonment exceeding 2 years (subsection (5)(c)). In relation to Scotland or Northern Ireland, for an offence triable only summarily, fines cannot exceed level 5 on the standard scale as set out in the Criminal Procedure (Scotland) Act 1995 and The Fines and Penalties (Northern Ireland) Order 1984 (subsection (5)(b)(i)). For an offence triable summarily or on indictment fines on summary conviction cannot exceed the statutory maximum (subsection (5)(b)(ii)).

114. Clause 11 subsection (6) provides that any consequential provisions that may be made by regulations under Clause 11 in reliance on the power in clause 22(2)(b) of the Bill to make consequential provisions can include a provision to amend or repeal a provision of an Act of Parliament whenever passed (as well as provision made under such an Act). This may include consequential amendment to allow for cases where the restriction or control of an activity, provided for by regulation, conflicts with other provisions relating to that activity.

115. Clause 12 describes the Parliamentary procedures under which regulations made using this power will be made.

116. Subject to subsection (3), Clause 12 subsection (1) applies the draft affirmative procedure to any regulations made under Clause 11 that: (a) amend an Act of Parliament; (b) create a civil sanction or vary the maximum amount of any monetary penalty; or (c) create a criminal offence. Subsection (3) (together with subsection (2)) instead applies the made affirmative procedure to regulations containing provision in subsection (1) that relates to a decision of the Conference of Parties under Article 24(1) of the BBNJ Agreement where the regulations need to be made urgently.

117. Clause 12 subsection (4) applies the negative procedure to all other regulations made under Clause 11.

118. Clause 13 provides a power for the Secretary of State to issue directions to UK craft for the purpose of implementing emergency measures adopted under Article 24 of the BBNJ Agreement. These measures may be adopted by the Conference of Parties where a natural phenomenon or human-caused disaster has caused, or is likely to cause, serious or irreversible harm to marine biological diversity in ABNJ.

119. Clause 13(2) enables the Secretary of State to impose requirements by direction, without the need for secondary legislation, where immediate action is required to give effect to such emergency measures. Clause 13(3) provides that directions must be issued in writing and Clause 13(4) requires directions to be laid before Parliament.

120. Clause 13(5) provides that the Secretary of State may vary or revoke a direction.

121. Clause 13(6) confirms that directions cease to have effect upon termination of the measure to which they relate.

122. Clause 13(7) creates a criminal offence for failure to comply with a direction without reasonable excuse. Clause 13(8) sets out the penalties for this offence, being a fine on summary conviction and on conviction on indictment, a fine, imprisonment for up to 2 years, or both. Clause 13(9) provides that proceedings for an offence committed outside the UK may be taken in the UK and the offence treated as if committed in the UK.

123. Directions under clause 13 are distinct from the regulations made under clause 11 and are not subject to the procedures set out in clause 12. Clause 13 provides a separate emergency mechanism designed to enable immediate compliance with urgent international obligations, whereas clauses 11 and 12 govern the making of regulations to implement broader or longer-term measures.

124. This power is modelled on existing direction-making powers available to the Secretary of State's Representative (SOSREP) under Schedule 3A of the Merchant Shipping Act 1995, which are used to respond to maritime emergencies. Clause 13 adopts a similar approach for implementing international emergency measures, ensuring consistency with established UK practice in maritime emergency response.

125. Clause 14(1) provides that Part 4 of the Marine and Coastal Access Act 2009 is amended as set out in clause 14.

126. Clause 14(2) makes technical amendments to the Marine and Coastal Access Act 2009 to ensure that relevant planned UK activities in ABNJ can be brought within scope of the 2009 Act (and the Marine Works (Environmental Impact Assessment) Regulations 2007) as required to ensure compliance with Parts III and IV of the BBNJ Agreement. Part III concerns Area-Based Management Tools, and Part IV requires Parties to ensure that the potential impacts on the marine environment of planned activities under their jurisdiction or control that take place in ABNJ are assessed as set out in Part IV of the BBNJ Agreement. The purpose of these technical amendments is to ensure that the existing power in section 66 to add activities to the marine licensing regime can be used effectively in relation to ABNJ where required to comply with these Part III and IV requirements; for example, by allowing for consequential amendments to the 2009 Act if section 66 is used to enable more marine activities to be regulated in ABNJ. The amendments made to the 2009 Act by the Bill are as follows:

• a. The amendment inserting section 66(3A) in clause 14(2) sets out that an order under section 66(3) that adds to the list of licensable marine activities may designate the activity as activity added in contemplation of the UK's obligations under (a) Part III of the BBNJ Agreement or (b) in respect of an activity that takes place in ABNJ, Part IV of the BBNJ Agreement.
• b. The amendment inserting section 66(3B) specifies that the consequential and other related provision that may be made under section 316(1)(b) in an order under the existing power in section 66(3) adding a new licensable marine activity includes provision amending primary or secondary legislation whenever passed or made if the new activity has been designated under section 66(3A).
• c. The amendment inserting section 66(3C) contains associated definitions of "area beyond national jurisdiction" and "the Biodiversity Beyond National Jurisdiction Agreement".

127. Clause 14 subsection (3) makes a technical amendment to Section 74 of the Marine and Coastal Access Act 2009 to specify that, where an order under section 74 applies to an activity that has been designated under section 66(3A), the consequential and other related provision that can be made under section 316(1)(b) includes provision amending primary or secondary legislation whenever passed or made. Section 74 is the existing power to specify by order exemptions to the requirement for a marine licence.

128. Clause 14 subsection (4) adds a provision that the usual exemption for submarine cables does not prevent the application of Part 4 of the Marine and Coastal Access Act 2009 to activity designated under section 66(3A) of the Marine and Coastal Access Act 2009. This would allow activities done in the course of laying or maintaining an offshore stretch of exempt submarine cable to be regulated as licensable marine activities if designated under section 66(3A).

129. Clause 14 subsection (4) also amends the heading of section 81 of the Marine and Coastal Access Act 2009 to remove “on the continental shelf" so that it more accurately reflects the content of the section, including as that section is amended by the current provisions in clause 14 subsection (4)(a) and (b) of the Bill.

130. Clause 15 subsection (1) provides that the Marine Works (EIA) Regulations 2007 are amended as set out in clause 15. The amendments are to align those regulations (insofar as they apply to activities in ABNJ requiring a marine licence (or licence variation) with the EIA processes for activities in ABNJ set out in Part IV of the BBNJ Agreement.

131. Clause 15 subsection (2)(a) inserts definitions of “area beyond national jurisdiction”, “BBNJ activity” and “the Biodiversity Beyond National Jurisdiction Agreement” into Regulation 2(1) of the Marine Works (EIA) Regulations 2007. The definition of “BBNJ activity” means a regulated activity:

• a. that engages the UK's obligations under Part IV of the Biodiversity Beyond National Jurisdiction Agreement (environmental impact assessments) in respect of an area beyond national jurisdiction, and
• b. which requires a marine licence or the variation of a licence under Part 4 of the Marine and Coastal Access Act 2009.

132. Clause 15 subsection (2)(b) updates the definition of “regulated activity" in regulation 2(1) to include reference to new paragraph (1ZA). Clause 15 subsection 2(c) then inserts paragraph (1ZA) after regulation 2(1) of the Marine Works (EIA) Regulations 2007. Paragraph (1ZA) sets out that where someone applies for a marine licence or a variation to a marine licence for an activity in an area beyond national jurisdiction and the requirement for a licence or variation of a licence depends on the application of the Regulations, the Regulations apply until and unless applying the Regulations would lead to a different outcome. Regulations could be used in future under the Marine and Coastal Access Act 2009 to establish that an activity is exempt from requiring a marine licence if it does not require an EIA under the Marine Works (EIA) Regulations 2007. In this circumstance, clause 15 subsections (2)(b) and (c) would mean that a screening under the Marine Works (EIA) Regulations 2007 could still take place to determine if an EIA is required and consequently if a marine licence is required.

133. Clause 15 subsection (3) has the effect that an EIA is required under the Marine Works (EIA) Regulations 2007 in relation to a regulated activity if the appropriate authority so determines under the new regulation 8A.

134. Clause 15 subsection (4) inserts regulation 8A into the Marine Works (EIA) Regulations 2007. Regulation 8A sets out how the appropriate authority, the decision-maker, determines if an EIA is required in relation to a BBNJ activity. An EIA is required in relation to a BBNJ activity if the authority concludes that there are reasonable grounds for believing that the activity may cause substantial pollution of, or significant and harmful changes to, the marine environment. Regard must be had to the criteria set out in Schedule 1 of the Marine Works (EIA) Regulations 2007 and any other matter necessary to give effect to Article 30(1)(b) of the BBNJ Agreement. The terms described in regulation 8A(1)(a) and (b) are as described in the BBNJ Agreement and in particular set out in Article 30(1)(b). The provisions in regulation 8A are also subject to regulations 9 and 9A of the Marine Works (EIA) Regulations 2007 which set out where an EIA is not needed for projects related to national defence and projects carried out in response of a civil emergency.

135. Clause 15 subsection (5) amends regulation 10 of the Marine Works (EIA) Regulations 2007 which sets out when an appropriate authority, the decision-maker, can defer to another EIA rather than carrying out a new separate assessment. The amendment enables the decision maker to decide that an EIA under regulation 8A is not required where they are satisfied that another person or authority has carried out, is carrying out or will carry out an equivalent assessment in relation to the activity that is subject to regulation 8A. This regulation can be used only where the assessment that has been, is being or will be carried out is sufficient to meet the requirements of the BBNJ Agreement. Regulation 10 is also amended to include the term “or person" when describing who may undertake an equivalent assessment. This is intended to ensure that, where relevant, the decision-maker has the ability to defer to authorities or persons in other countries or organisations that may have undertaken an assessment equivalent to the requirements of the BBNJ Agreement. The decision-maker is not obliged to make use of regulation 10 (1A) if they are not satisfied that the assessment meets the requirements of the BBNJ Agreement.

136. Clause 15 subsection (6) amends regulation 11 of the Marine Works (EIA) Regulations 2007 in relation to screening opinions. The amendment ensures a screening opinion is required if the decision-maker considers that the planned activity meets the threshold for a screening in the BBNJ Agreement. The BBNJ Agreement requires a screening to be conducted if the activity being considered has more than a minor or transitory effect on the marine environment, or the effects of the activity are unknown or poorly understood. This threshold for requiring a screening is set out in new paragraph (3A) inserted by Clause 15 subsection (6). Currently a screening opinion is only required under the Regulations if the regulator considers that the regulated activity is or may be one in relation to which an EIA is required under regulation 7 or 8.

137. Clause 15 subsection (6)(b) further amends regulation 11 of the Marine Works (EIA) Regulations 2007 by inserting paragraph (3B) which sets out that where the decision-maker does not believe the conditions in paragraph (3A) are met, meaning an EIA screening is not required, then the decision-maker must notify the applicant of this conclusion.

138. Clause 15 subsection (6) also inserts paragraph (3C) into the Marine Works (EIA) Regulations 2007 to explain that the terms used in regulation 11(3A)(a) and (b) have the same meaning that they have in the BBNJ Agreement (in particular Article 30(1) in the BBNJ Agreement).

139. Clause 15 subsection (7) amends regulation 21A of the Marine Works (EIA) Regulations 2007 to add additional factors for the decision-maker to consider when assessing environmental impact if an application relates to a BBNJ activity. This addition captures the requirements set out in Article 31(1)(b) and (c) of the BBNJ Agreement where these are not already covered in the Marine Works (EIA) Regulations 2007. For example, this will include, where appropriate, any considerations to traditional communities or local populations that may be affected by a planned activity.

140. Clause 15 subsection (8) amends Schedule 2 (screening opinions) of the Marine Works (EIA) Regulations 2007 to set out additional requirements on the decision-maker when giving a screening opinion which relates to a BBNJ activity.

141. Clause 15 subsection (9) amends Schedule 3 (information to include in the environmental statement) of the Marine Works (EIA) Regulations 2007 to enable additional information to be required in the licensing application as needed to meet the requirements set out in Article 31(1)(c) of the BBNJ Agreement. This could include, for example, the need to consider the best scientific information and relevant knowledge of traditional communities and local populations.

142. Clause 16 subsection (1) enables the Secretary of State to make regulations as necessary to implement standards and guidelines adopted by the Conference of the Parties under Article 38 of the BBNJ Agreement. These regulations can be made in relation to a licensable marine activity. Article 38 outlines that the Scientific and Technical Body, established by Article 49 of the BBNJ Agreement, can develop standards and guidelines on the conduct of EIAs under the agreement for consideration and adoption by the Conference of Parties, including on an indicative non-exhaustive list of activities that require an EIA and those that do not. It can also suggest any specific criteria for activities that it considers do or do not need EIAs.

143. Clause 16 subsection (2) defines “licensable marine activity” as an activity listed in s66(1) of the Marine and Coastal Access Act (as that section has effect from time to time), and defines “Article 38 standards or guidelines" as those adopted from time to time under Article 38 of the BBNJ Agreement.

144. Regulations under Clause 16 may include, for example, amendments or modifications to Part 4 of the Marine and Coastal Access Act 2009 (clause 16 subsection (3)).

145. Clause 16 subsection (4) provides that any consequential provision that may be made by regulations under Clause 16 in reliance on the power in clause 22(2)(b) of the Bill to make consequential provisions can include provision to amend or repeal a provision of an Act of Parliament whenever passed (as well as provision made under such an Act).

146. Clause 16 subsections (5) and (6) outline the Parliamentary procedures that take effect when regulations are made using this power. Subsection 5 establishes that regulations under this section that amend an Act of Parliament are subject to the draft affirmative procedure, and Subsection 6 establishes that all other regulations under this section are subject to the negative procedure.

147. Clause 17 subsection (1) provides that Part 4 of the Marine (Scotland) Act 2010 is amended as set out in clause 17.

148. Clause 17 subsection (2) makes corresponding technical amendments to the Marine (Scotland) Act 2010 as clause 14(2) makes to the Marine and Coastal Access Act 2009:

• a) The amendment inserting subsection (3A) in clause 17(2) sets out that an order under section 21(3) that adds to the list of licensable marine activities may designate the activity as activity added in contemplation of the UK's obligations under: (a) Part III of the BBNJ Agreement; or (b) in respect of an activity that takes place in ABNJ, Part IV of the BBNJ Agreement.
• b) The amendment inserting section 21(3B) specifies that the consequential and other related provision that may be made under section 165(1)(b) in an order under the existing power in section 21(3) adding a new licensable marine activity includes provision amending an enactment whenever passed or made if the new activity has been designated under section 21(3A).
• c) The amendment inserting section 21(3C) contains associated definitions of “area beyond national jurisdiction” and “the Biodiversity Beyond National Jurisdiction Agreement”.

149. Clause 17 subsection (3) makes a technical amendment to Section 32 of the Marine (Scotland) Act to specify that, where an order under Section 32 applies to an activity that has been designated under section 21(3A), the consequential and other related provision that can be made under section 165(1)(b) includes provision amending an enactment whenever passed. Section 32 is the existing power to specify by order exemptions to the requirement for a marine licence.

150. Clause 17 subsection (4) adds a provision that the usual exemption for submarine cables does not prevent the application of Part 4 of the Marine (Scotland) Act 2010 to activity designated under Section 21(3A) of the Marine (Scotland) Act 2010.

151. Clause 18 subsection (1) enables Scottish Ministers to make regulations that they consider appropriate for the purpose of implementing the UK's obligations under Part IV of the Agreement in respect of an activity in an area beyond national jurisdiction in relation to any Scottish licensable marine activity. This regulation-making power includes the ability to make provision for the purpose of implementing Article 38 of the BBNJ Agreement. Article 38 outlines that the Scientific and Technical Body established by Article 49 of the BBNJ Agreement can develop standards and guidelines on the conduct of EIAs under the Agreement, which can be adopted by the Conference of the Parties. The power under clause 18 can only be used to make provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

152. Clause 18 subsection (2) defines “Scottish licensable marine activity” as an activity within section 21 of the Marine (Scotland) Act 2010 (as that section has effect from time to time) and defines “Article 38 standards or guidelines" as those adopted under Article 38 of the BBNJ Agreement from time to time.

153. Clause 18 subsection (3) establishes that regulations made under this section for the purposes of implementing Article 38 standards or guidelines may amend or otherwise modify Part 4 of the Marine (Scotland) Act 2010 (marine licensing).

154. Clause 18 subsection (4) outlines that the regulations could be used to confer a function on any person; make different provision for different purposes or for different areas; and make consequential, supplementary, incidental, transitional, transitory or saving provision.

155. Clause 18 subsection (5) establishes that the consequential provision that may be made by regulations under this section includes provision amending an enactment with the meaning given by Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (whenever passed or made).

156. Clause 18 subsection (6) provides that regulations under this section that contain provision amending an Act of Parliament or an Act of Scottish Parliament are subject to the affirmative procedure.

157. Clause 18 subsection (7) provides that any other regulations under this section are subject to the negative procedure.

158. Clause 19 amends the Levelling-up and Regeneration Act 2023 (LURA) to ensure that Environmental Outcome Reports (EORs) can apply to planned marine activities in ABNJ. This ensures that the BBNJ Agreement can be implemented through any future EOR framework.

159. Clause 19 subsection (a) expands the definition of “project" in section 154 of LURA to include a project in ABNJ, in addition to the UK and relevant offshore areas.

160. Clause 19 subsection (b) clarifies that the amendment in subsection 19(a) applies only where the activity is or involves a licensable marine activity under the Marine and Coastal Access Act 2009 or Marine (Scotland) Act 2010. It also adds the definition of "area beyond national jurisdiction", consistent in the BBNJ Agreement.

161. Clause 20 provides definitions for terms used in the BBNJ Bill which are not defined elsewhere within the provisions of the Bill.

162. Clause 20 subsection (1) defines "Article 12(3) identifier". Article 12(3) of the BBNJ Agreement provides that on receipt of the pre-collection notification "the Clearing-House Mechanism shall automatically generate a “BBNJ” standardized batch identifier". The precise nature of the "BBNJ" standardized batch identifier" is a matter that will need to be addressed in the design of the Clearing-House Mechanism which is currently being considered by the Preparatory Commission established by UN General Assembly Resolution 78/2725 to prepare for entry into force of the BBNJ Agreement.

163. Clause 20 subsection (1) provides that the Secretary of State may make regulations to define digital sequence information in relation to MGR.

164. Clause 20 subsection (1) defines "utilisation" in relation to MGR of ABNJ or DSI on such MGR as "(a) the use of those resources or that information in carrying out relevant research and development, or (b) the commercialisation of relevant research and development carried out using those resources or that information". The definition in the Bill of “relevant research and development" is intended to make it clear that the obligations in Part 2 of the Bill apply to academic research where there is no intention to consider product development. This reflects the purpose of Part II of the BBNJ Agreement and also reflects the fact that there is little evidence currently of research on MGR of ABNJ or DSI generated on such MGR being undertaken with a view to development of a product.

165. Clause 20 subsection (1) also defines "commercialisation" in relation to research and development and does so in a way intended to align the definition of "commercialisation" with that provided in the UK's guidance6 on UK Access and Benefit Sharing Regulations used for the UK's implementation of the Nagoya Protocol. The intention is to align the regime in the BBNJ Bill so far as possible, recognising the differences in the international regimes, with the UK's implementation of the Nagoya Protocol under the Convention on Biological Diversity. Clause 20 subsection (1) also defines “relevant product" in relation to research and development. The product must have been developed through or as a result of utilisation in the UK. This mirrors the approach taken in the implementation of the Nagoya Protocol.

166. Clause 20 subsection (1) defines “craft” as any “vessel, machine, structure or other item”. This broad definition ensures that all vessels and machines currently used to undertake marine scientific research – including for example an autonomous underwater vehicle such as “Boaty McBoatface" are captured as well as providing flexibility to capture future uses of new and novel equipment.

167. Clause 20 subsection (1) defines “UK craft" by reference to the provisions of the Merchant Shipping Act 1995 or any other craft that has a qualifying connection.

168. Clause 20 subsection (2) sets out the qualifying UK connection for the purposes of the definition of a UK craft. Clause 20 subsection (2)(a) provides that a ship registered under the law of a Crown Dependency or Overseas Territory does not have a qualifying UK connection. Clause 20 subsection (2)(b) provides that a craft does not have a qualifying UK connection if it is a ship that has the nationality of another State (with reference to Article 91 of UNCLOS) or if the craft has been deployed from a ship that has the nationality of another State. Clause 20 subsection (2)(c) provides that a craft has a qualifying UK connection if it is (i) owned or operated by a UK person or (ii) being deployed from the UK or is being deployed from a ship within paragraph (a) or (b) of the definition of UK craft in clause 20 subsection (1).

169. Clause 20 subsection (3) gives a power to the Secretary of State to make regulations to amend or otherwise modify the meaning of “a qualifying UK connection".

170. Clause 20 subsection (4) sets out that relevant maritime zones of any of the British Overseas Territories are to be treated as if they were an exclusive economic zone within the meaning of UNCLOS Article 55. This means that they would not fall within the definition of ABNJ for the purposes of interpreting such references in this Bill.

171. Clause 20 subsection (5) defines the "relevant maritime zones" of British overseas territories that are excluded from the definition of ABNJ under clause 20 subsection (4) as including exclusive fishing zones, ecological protection zones, and any other zone in relation to which the relevant territory asserts or exercises any rights or jurisdiction of the sort referred to in Article 56(1) of UNCLOS.

172. Clause 20 subsection (6) provides that regulations made under subsection (1) for the purposes of defining DSI are subject to the negative procedure.

173. Clause 20 subsection (7) provides that Regulations made under subsection (3) that amend section 20 are subject to the affirmative procedure. Clause 20 subsection (8) provides that any other Regulations made under subsection (3) are subject to the negative procedure.

174. Clause 21 provides a power which allows the Secretary of State, by regulations, to make provision that is consequential on the provisions in the Bill. The power may be used to amend, repeal or revoke any provision made by or under primary legislation passed before this Bill is passed or later in the same Parliamentary session. Regulations for this purpose must be made by statutory instrument following the negative procedure, unless they are amending primary legislation in which case the draft affirmative procedure applies.