その他令和7年12月17日
海洋生物多様性に関する国家管轄範囲外の区域の保全及び持続可能な利用に関する協定（条文抜粋）
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令和7年12月17日
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p.36 - p.39
号外p.36-p.39
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抽出要点
Marine Biological Diversity of Areas Beyond National Jurisdiction (BBT Agreement)
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海洋生物多様性に関する国家管轄範囲外の区域の保全及び持続可能な利用に関する協定（条文抜粋）
令和7年12月17日|p.36-39
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subregional and sectoral bodies and that promotes coherence and coordination with those
(k) The respect, promotion and consideration of their respective obligations, as
instruments, frameworks and bodies.
applicable, relating to the rights of Indigenous Peoples or of, as appropriate, local
communities when taking action to address the conservation and sustainable use of marine
3. The legal status of non-parties to the Convention or any other related agreements
biological diversity of areas beyond national jurisdiction;
with regard to those instruments is not affected by this Agreement.
(1) The non-transfer, directly or indirectly, of damage or hazards from one area
to another and the non-transformation of one type of pollution into another in taking
Article 6
measures to prevent, reduce and control pollution of the marine environment;
Without prejudice
(m) Full recognition of the special circumstances of small island developing States
This Agreement, including any decision or recommendation of the Conference of
and of least developed countries;
the Parties or any of its subsidiary bodies, and any acts, measures or activities undertaken
on the basis thereof, shall be without prejudice to, and shall not be relied upon as a basis
(n) Acknowledgement of the special interests and needs of landlocked developing
for asserting or denying any claims to, sovereignty, sovereign rights or jurisdiction,
countries.
including in respect of any disputes relating thereto
Article 8
Article 7
International cooperation
General principles and approaches
1. Parties shall cooperate under this Agreement for the conservation and sustainable
In order to achieve the objectives of this Agreement, Parties shall be guided by the
use of marine biological diversity of areas beyond national jurisdiction, including through
following principles and approaches:
strengthening and enhancing cooperation with and promoting cooperation among relevant
legal instruments and frameworks and relevant global, regional, subregional and sectoral
(a) The polluter-pays principle;
bodies in the achievement of the objectives of this Agreement.
(b) The principle of the common heritage of humankind which is set out in the
2. Parties shall endeavour to promote, as appropriate, the objectives of this Agreement
Convention:
when participating in decision-making under other relevant legal instruments, frameworks.
or global, regional, subregional or sectoral bodies
(c) The freedom of marine scientific research, together with other freedoms of
the high seas:
3. Parties shall promote international cooperation in marine scientific research and in
the development and transter of marine technology consistent with the Convention in
(d) The principle of equity and the fair and equitable sharing of benefits;
support of the objectives of this Agreement.
(e) The precautionary principle or precautionary approach, as appropriate;
PART II
(f) An ecosystem approach;
MARINE GENETIC RESOURCES, INCLUDING THE
FAIR AND EQUITABLE SHARING OF BENEFITS
(g) An integrated approach to ocean management;
(h) An approach that builds ecosystem resilience, including to adverse effects of
Article 9
climate change and ocean acidification, and also maintains and restores ecosystem
Objectives
integrity, including the carbon cycling services that underpin the role of the ocean in
The objectives of this Part are:
climate:
(a) The fair and equitable sharing of benefits arising from activities with respect
(i) The use of the best available science and scientific information;
to marine genetic resources and digital sequence information on marine genetic resources
(i)The use of relevant traditional knowledge of Indigenous Peoples and local
of areas beyond national jurisdiction for the conservation and sustainable use of marin
communities, where available;
biological diversity of areas beyond national jurisdiction;
(b) The building and development of the capacity of Parties, particularly
developing States Parties, in particular the least developed countries, landlocked
developing countries, geographically disadvantaged States, small island developing States,
coastal African States, archipelagic States and developing middle-income countries, to
carry out activities with respect to marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction;
(c) The generation of knowledge, scientific understanding and technological
innovation, including through the development and conduct of marine scientific research,
as fundamental contributions to the implementation of this Agreement;
(d) The development and transfer of marine technology in accordance with this
Agreement.
Article 10
Application
1. The provisions of this Agreement shall apply 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 respective Party. The application of the provisions of this Agreement
shall 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 entry into force, unless a Party makes an exception in writing under article 70 when
signing, ratifying, approving, accepting or acceding to this Agreement
2. The provisions of this Part shall not apply to:
(a) Fishing regulated under relevant international law and fishing-related
activities; of
(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.
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
Article 11
Activities with respect to marine genetic resources of areas beyond
national jurisdiction
1. Activities with respect to marine genetic resources and digital sequence information
Parties, irrespective of their geographical location, and by natural or juridical persons under
the jurisdiction of the Parties. Such activities shall be carried out in accordance with this
Agreement.
Parties shall promote cooperation in all activities with respect to marine genetic
resources and digital sequence information on marine genetic resources of areas beyond
national jurisdiction.
Collection in situ of marine genetic resources of areas beyond national jurisdiction
shall be carried out with due regard for the rights and legifimate interests of coastal States
in areas within their national jurisdiction and with due regard for the interests of other
States in areas beyond national jurisdiction, in accordance with the Convention. To this
end, Parties shall endeavour to cooperate, as appropriate, including through specific
modalities for the operation of the Clearing-House Mechanism determined under
article 51, with a view to implementing this Agreement
No No State shall claim or exercise sovereignty or sovereign rights over marine genetic
resources of areas beyond national jurisdiction. No such claim or exercise of sovereignty
or sovereign rights shall be recognized.
5. Collection in situ of marine genetic resources of areas beyond national jurisdiction
shall not constitute the legal basis for any claim to any part of the marine environment or
its resources.
5. Activities with respect to marine genetic resources and digital sequence information
on marine genetic resources of areas beyond national urisdiction are in the interests of all
States and for the benefit of all humanity, particularly for the benefit of advancing the
scientific knowledge of humanity and promoting the conservation and sustainable use of
marine biological diversity, taking into particular consideration the interests and needs of
developing States.
. Activities with respect to marine genetic resources and digital sequence information
on marine genetic resources of areas beyond national jurisdiction shall be carried out
exclusively for peaceful purposes.
Article 12
Notification on activities with respect to marine genetic resources
and digital sequence information on marine genetic resources of
areas beyond national jurisdiction
1. Parties shall take the necessary legislative, administrative or policy measures to
ensure that information is notified to the Clearing-House Mechanism in accordance with
this Part.
2. The following information shall be notified to the Clearing-House Mechanism six
months or as early as possible prior to the collection in situ of marine genetic resources of
areas beyond national jurisdiction:
(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;
(f) The expected date of first appearance and final departure of the research
vessels, or deployment of the equipment and its removal, as appropriate;
(g) The name(s) of the sponsoring institution(s) and the person in charge of the
project;
(h) Opportunities for scientists of all States, in particular scientists from
developing States, to be involved in or associated with the project;
(i) The extent to which it is considered that States that may need and request
lechnical assistance, in particular developing States, should be able to participate or to be
represented in the project;
) A data management plan prepared according to open and responsible dat:
governance, taking into account current international practice
3. Upon notification referred to in paragraph 2 above, the Clearing-House Mechanism
shall automatically generate a "BBNJ" standardized batch identifier.
1. Where there is a material change to the information provided to the Clearing-House
Mechanism prior to the planned collection, updated information shall be notified to the
Clearing-House Mechanism within a reasonable period of time and no later than the start
of collection in situ, when practicable
5.Parties shall ensure that the following information, along with the "BBNJ"
standardized batch identifier, is notified to the Clearing-House Mechanism as soon as it
becomes available, but no later than one year from the collection in situ of marine genetic
resources of areas beyond national jurisdiction:
(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.
10
Parties shall ensure that samples of marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction that are in
repositories or databases under their jurisdiction can be identified as originating from areas
beyond national jurisdiction, in accordance with current international practice and to the
extent practicable.
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
batch identifier, and make the report available to the access and benefit-sharing committee
established under article 15.
8.WI
nere marine genetic resources of areas beyond national jurisdiction, and where
practicable, the digital sequence information on such resources are subject to utilization,
including commercialization, by natural or juridical persons under their jurisdiction, Parties
shall ensure that the following information, including the "BBNJ" standardized batch
identifier, if available, be notified to the Clearing-House Mechanism as soon as such
information becomes available:
(a)
a) Where the results of the utilization, such as publications, patents granted, it
available and to the extent possible, and products developed, can be found;
Article 14
Fair and equitable sharing of benefits
1. The benefits arising from activities with respect to marine genetic resources and
digital sequence information on marine genetic resources of areas beyond national
jurisdiction shall be shared in a fair and equitable manner in accordance with this Part and
contribute to the conservation and sustainable use of marine biological diversity of areas
beyond national jurisdiction
2. Non-monetary benefits shall be shared in accordance with this Agreement in the
form of, inter alia:
(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;
(b) Where available, details of the post-collection notification to the
Clearing-House Mechanism related to the marine genetic resources that were the subject
of utilization:
d) Information contained in the notifications, along with "BBNJ" standardized
(c) Where the original sample that is the subject of utilization is held;
batch identifiers, provided in accordance with article 12, in publicly searchable and
accessible forms:
(d) The modalities envisaged for access to marine genetic resources and digita
sequence information on marine genetic resources being utilized, and a data management
(e)
c) Transfer of marine technology in line with relevant modalities provided unde
plan for the same;
Part V of this Agreement;
(e) Once marketed, information, if available, on sales of relevant products and
(f) Capacity-building, including by financing research programmes, and
any further development.
partnership opportunities, particularly directly relevant and substantial ones, for scientists
and researchers in research projects, as well as dedicated initiatives, in particular for
developing States, taking into account the special circumstances of small island developing
Traditional knowledge of Indigenous Peoples and local
States and of least developed countries;
communities associated with marine genetic resources in areas
(g) Increased technical and scientific cooperation, in particular with scientists
beyond national jurisdiction
from and scientific institutions in developing States;
Parties shall take legislative, administrative or policy measures, where relevant and
h) Other forms of benefits as determined by the Conference of the Parties, taking
as appropriate, with the aim of ensuring that traditional knowledge associated with marine
into account recommendations of the access and benefit-sharing committee established
genetic resources in areas beyond national jurisdiction that is held by Indigenous Peoples
under article 15
and local communities shall only be accessed with the free, prior and informed consent or
approval and involvement of these Indigenous Peoples and local communities. Access to
...Parties shall take the necessary legislative, administrative or policy measures to to
such traditional knowledge may be facilitated by the Clearing-House Mechanism. Access
ensure that marine genetic resources and digital sequence information on marine genetic
to and use of such traditional knowledge shall be on mutually agreed terms.
resources of areas beyond national jurisdiction, together with their "BBNJ" standardized
batch identifiers, subject to utilization by natural or juridical persons under their
jurisdiction are deposited in publicly accessible repositories and databases, maintained
either nationally or internationally, no later than three years from the start of such
utilization, or as soon as they become available, taking into account current international
practice
4. 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:
(c) Open access to findable, accessible, interoperable and reusable (FAIR)
scientific data in accordance with current international practice and open and responsible
data governance;
(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;
p.36 / 4
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