その他令和7年12月17日
海洋生物多様性保全のための国家管轄範囲外海域の生物多様性に関する協定（Article 29-30）
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令和7年12月17日
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p.47 - p.48
号外p.47-p.48
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海洋生物多様性保全のための国家管轄範囲外海域の生物多様性に関する協定（Article 29-30）
令和7年12月17日|p.47-48
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Article 29
Relationship between this Agreement and environmental impact
assessment processes under relevant legal instruments and
frameworks and relevant global, regional, subregional and
sectoral bodies
1. Parties shall promote the use of environmental impact assessments and the adoption
and implementation of the standards and/or guidelines developed under article 38 in
relevant legal instruments and frameworks and relevant global, regional, subregional and
sectoral bodies of which they are members.
2. The Conference of the Parties shall develop mechanisms under this Part for the
Scientific and Technical Body to collaborate with relevant legal instruments and
frameworks and relevant global, regional, subregional and sectoral bodies that regulate
activities in areas beyond national jurisdiction or protect the marine environment.
3. When developing or updating standards or guidelines for the conduct of
environmental impact assessments of activities in areas beyond national jurisdiction by
Parties to this Agreement under article 38, the Scientific and Technical Body shall, as
appropriate, collaborate with relevant legal instruments and frameworks and relevant
global, regional, subregional and sectoral bodies.
. It is not necessary to conduct a screening or an environmental impact assessment of
a planned activity in areas beyond national jurisdiction, provided that the Party with
jurisdiction or control over the planned activity determines:
(a) That the potential impacts of the planned activity or category of activity have
been assessed in accordance with the requirements of other relevant legal instruments or
frameworks or by relevant global, regional, subregional or sectoral bodies;
(b) That:
(i) the assessment already undertaken for the planned activity is equivalent to the
one required under this Part, and the results of the assessment are taken into account;
Or
(ii) the regulations or standards of the relevant legal instruments or frameworks
or relevant global, regional, subregional or sectoral bodies arising from the
assessment were designed to prevent, mitigate or manage potential impacts below
the threshold for environmental impact assessments under this Part, and they have
been complied with.
5. When an environmental impact assessment for a planned activity in areas beyond
national jurisdiction has been conducted under a relevant legal instrument or framework or
a relevant global, regional, subregional or sectoral body, the Party concerned shall ensure
that the environmental impact assessment report is published through the Clearing-House
Mechanism
Unless the planned activivivities that meet the cria set out out in paraph 4 (b) (1)
above are subject to monitoring and review under a relevant legal instrument or framework
or relevant global, regional, subregional or sectoral body, Parties shall monitor and review
the activities and ensure that the monitoring and review reports are published through the
Clearing-House Mechanism.
Article 30
Article 30
Thresholds and factors for conducting environmental
impact assessments
1. When a planned activity may have more than a minor or transitory effect on
the marine environment, or the effects of the activity are unknown or poorly understood.
the Party with jurisdiction or control of the activity shall conduct a screening of the activity
under article 31, using the factors set out in paragraph 2 below, and:
a) The screening shall be sufficiently detailed for the Party to assess whether it
has reasonable grounds for believing that the planned activity may cause substantial
pollution of or significant and harmful changes to the marine environment and shall
include:
(1) A description of the planned activity, including its purpose, location, duration
and intensity; and
(ii) An initial analysis of the potential impacts, including consideration of
cumulative impacts and, as appropriate, alternatives to the planned activity;
(b) If it is determined on the basis of the screening that the Party has reasonable
grounds for believing that the activity may cause substantial pollution of or significant and
harmful changes to the marine environment, an environmental impact assessment shall be
conducted in accordance with the provisions of this Part.
2. When determining whether planned activities under their jurisdiction or control
meet the threshold set out in paragraph 1 above, Parties shall consider the following non-
exhaustive factors:
(a) The type of and technology used for the activity and the manner in which it is
to be conducted;
(b) The duration of the activity;
(c) The location of the activity;
(d) The characteristics and ecosystem of the location (including areas of
particular ecological or biological significance or vulnerability);
(e) The potential impacts of the activity, including the potential cumulative
impacts and the potential impacts in areas within national jurisdiction:
(f) The extent to which the effects of the activity are unknown or poorly
understood:
(g) Other relevant ecological or biological criteria.
Article 31
Process for environmental impact assessments
1. Parties shall ensure that the process for conducting an environmental impact
assessment pursuant to this Part includes the following steps:
(a) Screening. Parties shall undertake screening, in a timely manner, to determine
whether an environmental impact assessment is required in respect of a planned activity
under its jurisdiction or control, in accordance with article 30, and make its determination
publicly available:
(i) If a Party determines that an environmental impact assessment is not required
for a planned activity under its jurisdiction or control, it shall make relevant
information, including under article 30, paragraph 1 (a), publicly available through
the Clearing-House Mechanism under this Agreement;
(ii) On the basis of the best available science and scientific information and.
where available, relevant traditional knowledge of Indigenous Peoples and local
communities, a Party may register its views on the potential impacts of a planned
activity on which a determination has been made in accordance with
subparagraph (a) (i) above with the Party that made the determination and the
Scientific and Technical Body, within 40 days of the publication thereof;
(iit) If the Party that registered its views expressed concerns on the potential
impacts of a planned activity on which the determination was made, the Party that
made that determination shall give consideration to such concerns and may review
its determination;
(iv) Upon consideration of the concerns registered by a Party under
subparagraph (a) (ii) above, the Scientific and Technical Body shall consider and
may evaluate the potential impacts of the planned activity on the basis of the best
available science and scientific information and, where available, relevant
traditional knowledge of Indigenous Peoples and local communities and, as
appropriate, may make recommendations to the Party that made the determination
after giving that Party an opportunity to respond to the concerns registered and
taking into account such response;
(v) The Party that made the determination under subparagraph (a) (i) above shall
give consideration to any recommendations of the Scientific and Technical Body;
(vi) The registration of views and the recommendations of the Scientific and
Technical Body shall be made publicly available, including through the
Clearing-House Mechanism;
(b) Scoping. Parties shall ensure that key environmental and any associated
mpacts, such as economic, social, cultural and human health impacts, including potential
cumulative impacts and impacts in areas within national jurisdiction, as well as alternatives
to the planned activity, if any, to be included in the environmental impact assessments that
shall be conducted under this Part, are identified. The scope shall be defined by using the
best available science and scientific information and, where available, relevant traditional
knowledge of Indigenous Peoples and local communities:
(c) Impact assessment and evaluation. Parties shall ensure that the impacts of
planned activities, including cumulative impacts and impacts in areas within national
jurisdiction, are assessed and evaluated using the best available science and scientific
information and, where available, relevant traditional knowledge of Indigenous Peoples
and local communities;
(d) Prevention, mitigation and management of potential adverse effects. Parties
shall ensure that:
) Measures to prevent, mitigate and manage potential adverse effects of the
planned activities under their jurisdiction or control are identified and analysed to
avoid significant adverse impacts. Such measures may include the consideration of
alternatives to the planned activity under their jurisdiction or control;
()Where appropriate, these measures are incorporated into an environmental
management plan;
(e) Parties shall ensure public notification and consultation in accordance with
article 32:
(f) Parties shall ensure the preparation and publication of an environmental
impact assessment report in accordance with article 33.
2. Parties may conduct joint environmental impact assessments, in particular for
planned activities under the jurisdiction or control of small island developing States.
8. A roster of experts shall be created under the Scientific and Technical Body. Parties
with capacity constraints may request advice and assistance from those experts to conduct
and evaluate screenings and environmental impact assessments for a planned activity under
their jurisdiction or control. The experts cannot be appointed to another part of the
environmental impact assessment process of the same activity. The Party that requested the
advice and assistance shall ensure that such environmental impact assessments are
submitted to it for review and decision-making.
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