その他令和7年12月17日
生物多様性に関する国家管轄範囲外の海域の保全及び持続可能な利用に関する協定（BBNJ協定）第21条・第22条
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令和7年12月17日
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p.43 - p.45
号外p.43-p.45
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生物多様性に関する国家管轄範囲外の海域の保全及び持続可能な利用に関する協定（BBNJ協定）第21条・第22条
令和7年12月17日|p.43-45
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2. The secretariat shall facilitate consultations and gather input as follows:
(a) States, in particular adjacent coastal States, shall be notified and invited to
submit, inter alia:
(i) Views on the merits and geographic scope of the proposal;
(ii) Any scient;
(iit) Information regarding any existing measures or activities in adjacent or
related areas within national jurisdiction and beyond national jurisdiction;
(iv) Views on the potential implications of the proposal for areas within national
jurisdiction;
(v) Any other relevant information;
(b) Bodies of relevant legal instruments and frameworks and relevant global.
regional, subregional and sectoral bodies shall be notified and invited to submit, inter alia:
(i) Views on the merits of the proposal;
(ii) Any other relevant scientific input;
(iit) Information regarding any existing measures adopted by that instrument,
framework or body for the relevant area or for adjacent areas;
(iv) Views regarding any aspects of the measures and other elements for a draft
management plan identified in the proposal that fall within the competence of that
body;
(v) Views regarding any relevant additional measures that fall within the
competence of that instrument, framework or body;
(vi) Any other relevant information;
(c) Indigenous Peoples and local communities with relevant traditional
knowledge, the scientific community, civil soctety and other relevant stakeholders
shall be invited to submit, inter alia:
(i) Views on the merits of the proposal;
(ii) Any other relevant scientific input;
() Any relevant traditional knowledge of Indigenous Peoples and loca
communities;
(iv) Any other relevant information.
3. Contributions received pursuant to paragraph 2 above shall be made publicly
available by the secretariat.
4. In cases where the proposed measure affects areas that are entirely surrounded by
the exclusive economic zones of States, proponents shall:
(a) Undertake targeted and proactive consultations, including prior notification,
with such States;
(b)Consider the views and comments of such States on the proposed measure
and provide written responses specifically addressing such views and comments and,
where appropriate, revise the proposed measure accordingly.
5. The proponent shall consider the contributions reeived during the consultation
period, as well as the views of and information from the Scientific and Technical Body,
and, as appropriate, revise the proposal accordingly or respond to substantive contributions
not reflected in the proposal.
6. The consultation period shall be time-bound.
7. The revised proposal shall be submitted to the Scientific and Technical Body, which
shall assess the proposal and make recommendations to the Conference of the Parties.
8. The modalities for the consultation and assessment process, including duration.
shall be further elaborated by the Scientific and Technical Body, as necessary, at its first
meeting, for consideration and adoption by the Conference of the Parties, taking into
account the special circumstances of small island developing States.
Article 22
Establishment of area-based management tools,
including marine protected areas
1. The Conference of the Parties, on the basis of the final proposal and the draft
management plan, taking into account the contributions and scientific input received during
the consultation process established under this Part, and the scientific advice and
recommendations of the Scientific and Technical Body:
(a) Shall take decisions on the establishment of area-based management tool
including marine protected areas, and related measures:
(b) May take decisions on measures compatible with those adopted by relevant
egal instruments and frameworks and relevant global, regional, subregional and sectora.
bodies, in cooperation and coordination with those instruments, frameworks and bodies;
(c) May, where proposed measures are within the competences of other global.
regional, subregional or sectoral bodies, make recommendations to Parties to this
Agreement and to global, regional, subregional and sectoral bodies to promote the adoption
of relevant measures through such instruments, frameworks and bodies, in accordance with
their respective mandates.
1. In taking decisions under this article, the Conference of the Parties shall respect the
competences of, and not undermine, relevant legal instruments and frameworks and
relevant global, regional, subregional and sectoral bodies.
5. The Conference of the Parties shall make arrangements for regular consultations to
enhance cooperation and coordination with and among relevant legal instruments and
frameworks and relevant global, regional, subregional and sectoral bodies with regard to
area-based management tools, including marine protected areas, as well as coordination
with regard to related measures adopted under such instruments and frameworks and by
such bodies
Where the achievement of of the objectives and the implementation of this Part sc
requires, to further international cooperation and coordination with respect to the
conservation and sustainable use of marine biological diversity of areas beyond national
jurisdiction, the Conference of the Parties may consider and, subject to paragraphs 1 and 2
above, may decide, as appropriate, to develop a mechanism regarding existing area-based
management tools, including marine protected areas, adopted by relevant legal instruments
and frameworks or relevant global, regional, subregional or sectoral bodies.
5. Decisions and recommendations adopted by the Conference of the Parties in
accordance with this Part shall not undermine the effectiveness of measures adopted in
respect of areas within national jurisdiction and shall be made with due regard for the rights
and duties of all States, in accordance with the Convention. In cases where measures
proposed under this Part would affect or could reasonably be expected to affect the
superjacent water above the seabed and subsoil of submarine areas over which a coastal
State exercises sovereign rights in accordance with the Convention, such measures shall
have due regard to the sovereign rights of such coastal States. Consultations shall be
undertaken to that end, in accordance with the provisions of this Part
6.1
In cases where an area-based management tool, including a marine protected areal
established under this Part subsequently falls, either wholly or in part, within the nationa
jurisdiction of a coastal State, the part within national jurisdiction shall immediately cease
to be in force. The part remaining in areas beyond national jurisdiction shall remain in force
until the Conference of the Parties, at its following meeting, reviews and decides whether
to amend or revoke the area-based management tool, including a marine protected area, as
necessary.
11
Upon the establishment of, or amendment to the competence of, a relevant legal
instrument or framework or a relevant global, regional, subregional or sectoral body, any
area-based management tool, including a marine protected area, or related measures
adopted by the Conference of the Parties under this Part that subsequently falls within the
competence of such instrument, framework or body, either wholly or in part, shall remain
in force until the Conference of the Parties reviews and decides, in close cooperation and
coordination with that instrument, framework or body, to maintain, amend or revoke the
area-based management tool, including a marine protected area, and related measures, as
appropriate
Article 23
Decision-making
1. As a general rule, the decisions and recommendations under this Part shall be taken
by consensus.
2. If no consensus is reached, decisions and recommendations under this Part shall be
taken by a three-fourths majority of the Parties present and voting, before which the
Conference of the Parties shall decide, by a two-thirds majority of the Parties present and
voting that all efforts to reach consensus have been exhausted.
3. Decisions taken under this Part shall enter into force 120 days after the meeting of
the Conference of the Parties at which they were taken and shall be binding on all Parties
4. During the period of 120 days provided for in paragraph 3 above, any Party may.
by notification in writing to the secretariat, make an objection with respect to a decision
adopted under this Part, and that decision shall not be binding on that Party. An objection
to a decision may be withdrawn at any time by written notification to the secretariat and,
thereupon, the decision shall be binding for that Party 90 days following the date of the
notification stating that the objection is withdrawn.
1. A Party making an objection under paraph 4 above shall provide to the
secretariat, in writing, at the time of making its objection, the explanation of the grounds
for its objection, which shall be based on one or more of the following grounds:
(a) The decision is inconsistent with this Agreement or the rights and duties of
the objecting Party in accordance with the Convention;
(b) The decision unjustifiably discriminates in form or in fact against the
objecting Party;
(c) The Party cannot practicably comply with the decision at the time of the
objection after making all reasonable efforts to do so
6. A Party making an objection under paragraph 4 above shall, to the exten
practicable, adopt alternative measures or approaches that are equivalent in effect to the
decision to which it has objected and shall not adopt measures nor take actions that would
undermine the effectiveness of the decision to which it has objected unless such measures
or actions are essential for the exercise of rights and duties of the objecting Party in
accordance with the Convention
1. The objecting Party shall report to the next ordinary meeting of the Conference of
the Parties following its notification under paragraph 4 above, and periodically thereafter,
on its implementation of paragraph 6 above, to inform the monitoring and review under
article 26.
3. An objection to a decision made in accordance with paragraph 4 above may only be
renewed if the objecting Party considers it still necessary, every three years after the entry
into force of the decision, by written notification to the secretariat. Such written notification
shall include an explanation of the grounds of its initial objection.
..If no notification of renewal pursuant to paragraph 8 above above0.0received, the objection
shall be considered automatically withdrawn and, thereupon, the decision shall be binding
for that Party 120 days after that objection is automatically withdrawn. The secretariat shall
notify the Party 60 days prior to the date on which the objection will be automatically
withdrawn.
10. Decisions of the Conference of the Parties adopted under this Part, and objections
to those decisions, shall be made publicly available by the secretariat and shall be
transmitted to all States and relevant legal instruments and frameworks and relevant global,
regional, subregional and sectoral bodies.
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