その他令和7年12月17日
National Jurisdiction Areas Beyond Marine Genetic Resources Sharing and Access Committee Establishment Agreement Text
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令和7年12月17日
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p.40 - p.42
号外p.40-p.42
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Area-based management tools, marine protected areas, and access and benefit-sharing
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National Jurisdiction Areas Beyond Marine Genetic Resources Sharing and Access Committee Establishment Agreement Text
令和7年12月17日|p.40-42
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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.
5. Monetary benefits from the utilization of marine genetic resources and digital
sequence information on marine genetic resources of areas beyond national jurisdiction.
including commercialization, shall be shared fairly and equitably, through the financial
mechanism established under article 52, for the conservation and sustainable use of marine
biological diversity of areas beyond national jurisdiction.
6. After the entry into force of this Agreement, developed Parties shall make annual
contributions to the special fund referred to in article 52. A Party's rate of contribution
shall be 50 per cent of that Party's assessed contribution to the budget adopted by the
Conference of the Parties under article 47, paragraph 6 (e). Such payment shall continue
until a decision is taken by the Conference of the Parties under paragraph 7 below.
7. The Conference of the Parties shall decide on the modalities for the sharing of
monetary benefits from the utilization of marine genetic resources and digital sequence
information on marine genetic resources of areas beyond national jurisdiction, taking into
account the recommendations of the access and benefit-sharing committee established
under article 15. If all efforts to reach consensus have been exhausted, a decision shall be
adopted by a three-fourths majority of the Parties present and voting. The payments shall
be made through the special fund established under article 52. The modalities may include
the following:
(a) Milestone payments;
b)Payments or contributions related to the commercialization of products,
including payment of a percentage of the revenue from sales of products;
(c) A tiered fee, paid on a periodic basis, based on a diversified set of indicators
measuring the aggregate level of activities by a Party:
(d) Other forms as decided by the Conference of the Parties, taking into account
recommendations of the access and benefit-sharing committee.
8.A Party may make a declaration at the time the Conference of the Parties adopts the
modalities stating that those modalities shall not take effect for that Party for a period of
up to four years, in order to allow time for necessary implementation. A Party that makes
such a declaration shall continue to make the payment set out in paragraph 6 above until
the new modalities take effect.
9. In deciding on the modalities for the sharing of monetary benefits from the use of
digital sequence information on marine genetic resources of areas beyond national
jurisdiction under paragraph 7 above, the Conference of the Parties shall take into account
the recommendations of the access and benefit-sharing committee, recognizing that such
modalities should be mutually supportive of and adaptable to other access and benefit-
sharing instruments.
). The Conference of the Parties, taking into account recommendations of the access
and benefit-sharing committee established under article 15, shall review and assess, on a
biennial basis, the monetary benefits from the utilization of marine genetic resources and
digital sequence information on marine genetic resources of areas beyond national
jurisdiction. The first review shall take place no later than five years after the entry into
force of this Agreement. The review shall include consideration of the annual contributions
referred to in paragraph 6 above.
1. Parties shall take the necessary legislative, administrative or policy measures, as
appropriate, with the aim of ensuring that benefits arising from activities with respect to
marine genetic resources and digital sequence information on marine genetic resources of
areas beyond national jurisdiction by natural or juridical persons under their jurisdiction
are shared in accordance with this Agreement.
Article 15
Access and benefit-sharing committee
1. An access and benefit-sharing committee is hereby established. It shall serve, inter
alia, as a means for establishing guidelines for benefit-sharing, in accordance with
article14, providing transparency and ensuring a fair and equitable sharing of both
monetary and non-monetary benefits.
2. The access and benefit-sharing committee shall be composed of 15 members
possessing appropriate qualifications in related fields, so as to ensure the effective exercise
of the functions of the committee. The members shall be nominated by Parties and elected
geographical distribution and providing for representation on the committee from
developing States, including from the least developed countries, from small island
developing States and from landlocked developing countries. The terms of reference and
modalities for the operation of the committee shall be determined by the Conference of the
Parties
3. The committee may make recommendations to the Conference of the Parties on
matters relating to this Part, including on the following matters:
(a) 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:
(b) Measures to implement decisions taken in accordance with this Part;
(c) Rates or mechanisms for the sharing of monetary benefits in accordance with
article 14;
(d) Matters relating to this Part in relation to the Clearing-House Mechanism;
Parties, which may submit comments. The access and benefit-sharing committee shall
submit the report, including comments received, for the consideration of the Conference of
(e) Matters relating to this Part in relation to the financial mechanism established
the Parties. The Conference of the Parties, taking into account the recommendation of the
under article 52:
access and benefit-sharing committee, may determine appropriate guidelines for the
implementation of this article, which shall take into account the national capabilities and
(f) Any other matters relating to this Part that the Conference of the Parties may
circumstances of Parties.
request the access and benefit-sharing committee to address.
4. Each Party shall make available to the access and benefit-sharing committee,
PART III
through the Clearing-House Mechanism, the information required under this Agreement,
MEASURES SUCH AS AREA-BASED MANAGEMENT
which shall include:
TOOLS, INCLUDING MARINE PROTECTED AREAS
(a) Legislative, administrative and policy measures on access and benefit-
Article 17
sharing;
Objectives
(b) Contact details and other relevant information on national focal points;
The objectives of this Part are to:
(c) Other information required pursuant to the decisions taken by the Conference
(a) Conserve and sustainably use areas requiring protection, including through
of the Parties.
the establishment of a comprehensive system of area-based management tools, with
ecologically representative and well-connected networks of marine protected areas;
5. The access and benefit-sharing committee may consult and facilitate the exchange
of information with relevant legal instruments and frameworks and relevant global,
(b) Strengthen cooperation and coordination in the use of area-based management
regional, subregional and sectoral bodies on activities under its mandate, including benefit-
tools, including marine protected areas, among States, relevant legal instruments and
sharing, the use of digital sequence information on marine genetic resources, best practices,
frameworks and relevant global, regional, subregional and sectoral bodies;
tools and methodologies, data governance and lessons learned.
(c) Protect, preserve, restore and maintain biological diversity and ecosystems,
6. The access and benefit-sharing committee may make recommendations to the
including with a view to enhancing their productivity and health, and strengthen resilience
Conference of the Parties in relation to information obtained under paragraph 5 above
to stressors, including those related to climate change, ocean acidification and marine
pollution;
Article 16
(d) Support food security and other socioeconomic objectives, including the
Monitoring and transparency
protection of cultural values;
1. Monitoring and transparency of activities with respect to marine genetic resources
(e) Support developing States Parties, in particular the least developed countries,
and digital sequence information on marine genetic resources of areas beyond national
landlocked developing countries, geographically disadvantaged States, small islanc
jurisdiction shall be achieved through notification to the Clearing-House Mechanism.
developing States, coastal African States, archipelagic States and developing middle-
through the use of "BBNJ" standardized batch identifiers in accordance with this Part and
income countries, taking into account the special circumstances of small island developing
according to procedures adopted by the Conference of the Parties as recommended by the
States, through capacity-building and the development and transfer of marine technology
access and benefit-sharing committee.
in developing, implementing, monitoring, managing and enforcing area-based
management tools, including marine protected areas.
2. Parties shall periodically submit reports to the access and benefit-sharing committee
on their implementation of the provisions in this Part on activities with respect to marine
genetic resources and digital sequence information on marine genetic resources of areas
Article 18
beyond national jurisdiction and the sharing of benefits therefrom, in accordance with this
Area of application
Part.
The establishment of area-based management tools, including marine protected
3. The access and benefit-sharing committee shall prepare a report based on the
areas, shall not include any areas within national jurisdiction and shall not be relied upon
nformation received through the Clearing-House Mechanism and make it available to
as a basis for asserting or denying any claims to sovereignty, sovereign rights or
Article 19
Proposals
(1) Relevant scientific input and, where available, traditional knowledge of
Indigenous Peoples and local communities.
1. Proposals regarding the establishment of area-based management tools, including
marine protected areas, under this Part shall be submitted by Parties, individually or
5. Indicative criteria for the identification of such areas shall include, as relevant, those
collectively, to the secretariat.
specified in Annex I and may be further developed and revised as necessary by the
Scientific and Technical Body for consideration and adoption by the Conference of the
2. Parties shall collaborate and consult, as appropriate, with relevant stakeholders.
Parties.
including States and global, regional, subregional and sectoral bodies, as well as civil
society, the scientific community, the private sector, Indigenous Peoples and local
6. Further requirements regarding the contents of proposals, including the modalities
communities, for the development of proposals, as set out in this Part.
for the application of indicative criteria as specified in paragraph 5 above, and guidance on
the the the the the the the the the the the the the the and the and the and the and the and
proposals specified in paragraph 4 (b) above shall be elaborated by the Scientific and
3. Proposals shall be formulated on the basis of the best available science and scientific
Technical Body, as necessary, for consideration and adoption by the Conference of the
information and, where available, relevant traditional knowledge of Indigenous Peoples
Parties.
and local communities, taking into account the precautionary approach and an ecosystem
approach.
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