その他令和7年12月17日
国際環境条約（BBNJ協定）第34条〜第37条の条文
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令和7年12月17日
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号外p.50-p.51
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1.5Final environmental impact assessessment reports shall be considered by the Scientific
and Technical Body, on the basis of relevant practices, procedures and knowledge under
this Agreement, for the purpose of developing guidelines, including the identification of
best practices
7. A selection of the published information used in the screening process to make
decisions on whether to conduct an environmental impact assessment, in accordance with
articles 30 and 31, shall be considered and reviewed by the Scientific and Technical Body.
on the basis of relevant practices, procedures and knowledge under this Agreement, for the
purpose of developing guidelines, including the identification of best practices.
Article 34
Decision-making
A Party under whose jurisdiction or control a planned activity falls shall be
responsible for determining if it may proceed.
2. When determining whether the planned activity may proceed under this Part, full
account shall be taken of an environmental impact assessment conducted in accordance
with this Part. A decision to authorize the planned activity under the jurisdiction or control
of a Party shall only be made when, taking into account mitigation or management
measures, the Party has determined that it has made all reasonable efforts to ensure that the
activity can be conducted in a manner consistent with the prevention of significant adverse
impacts on the marine environment.
6. Decision documents shall clearly outline any conditions of approval related to
mitigation measures and follow-up requirements. Decision documents shall be made
public, including through the Clearing-House Mechanism
1. At the request of a Party, the Conference of the Parties may provide advice and
assistance to that Party when determining whether a planned activity under its jurisdiction
or control may proceed.
Parties shall, by using the best available science and scientific information and,
where available, the relevant traditional knowledge of Indigenous Peoples and local
communities, keep under surveillance the impacts of any activities in areas beyond national
jurisdiction that they permit or in which they engage in order to determine whether these
activities are likely to pollute or have adverse impacts on the marine environment. In
particular, each Party shall monitor the environmental and any associated impacts, such as
economic, social, cultural and human health impacts, of an authorized activity under their
jurisdiction or control in accordance with the conditions set out in the approval of the
activity.
Article 35
Monitoring of impacts of authorized activities
Article 36
Reporting on impacts of authorized activities
1. Parties, whether acting individually or collectively, shall periodically report on the
impacts of the authorized activity and the results of the monitoring required under
article 35.
Monitoring reports shall be made public, including through the Clearing-House
Mechanism, and the Scientific and Technical Body may consider and evaluate the
monitoring reports.
Monitoring reports shall be considered by the Scientific and Technical Body, on the
purpose of developing guidelines on the monitoring of impacts of authorized activities,
including the identification of best practices
Article 37
Review of authorized activities and their impacts
Parties shall ensure that the impacts of the authorized activity monitored pursuan
to article 35 are reviewed.
2. Should the Party with jurisdiction or control over the activity identify significant
adverse impacts that either were not foreseen in the environmental impact assessment, in
nature or severity, or that arise from a breach of any of the conditions set out in the approval
of the activity, the Party shall review its decision authorizing the activity, notify the
Conference of the Parties, other Parties and the public, including through the
Clearing-House Mechanism, and:
(a)
a) Require that measures be proposed and implemented to prevent, mitigate
and/or manage those impacts or take any other necessary action and/or halt the activity, as
appropriate; and
(b) Evaluate, in a timely manner, any measures implemented or actions taken
under subparagraph (a) above.
On the basis of the reports received under article 36, the Scientific and Technical
lody may notify the Party that authorized the activity if it considers that the activity may
have significant adverse impacts that were either not foreseen in the environmental impact
assessment or that arise from a breach of any conditions of approval of the authorized
activity and, as appropriate, may make recommendations to the Party
a) 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 concerns, with the Party that authorized the activity
and with the Scientific and Technical Body, that the authorized activity may have
significant adverse impacts that were either not foreseen in the environmental impact
assessment, in nature or severity, or that arise from a breach of any conditions of approval
of the authorized activity;
(b) The Party that authorized the activity shall give consideration to such
concerns;
(c) Upon consideration of the concerns registered by a Party, the Scientific and
Technical Body shall consider and may evaluate the matter based on the best available
science and scientific information and, where available, relevant traditional knowledge of
Indigenous Peoples and local communities and may notify the Party that authorized the
activity, if it considers that such activity may have significant adverse impacts that were
either not foreseen in the environmental impact assessment or that arise from a breach of
any conditions of approval of the authorized activity and, after giving that Party an
opportunity to respond to the concerns registered and taking into account such response
and as appropriate, may make recommendations to the Party that authorized the activity;
(d) The registration of concerns, any notifications issued and any
available, including through the Clearing-House Mechanism;
(e) The Party that authorized the activity shall give consideration to any
notifications issued and any recommendations made by the Scientific and Technical Body.
5. All States, in particular adjacent coastal States and any other States adjacent to the
activity when they are potentially most affected States, and stakeholders shall be kept
informed through the Clearing-House Mechanism and may be consulted in the monitoring,
reporting and review processes in respect of an activity authorized under this Agreement.
6. Parties shall publish, including through the Clearing-House Mechanism:
(a) Reports on the review of the impacts of the authorized activity;
(b) Decision documents, including a record of the reasons for the decision by the
Party, when a Party has changed its decision authorizing the activity.
Article 38
Standards and/or guidelines to be developed by the Scientific and
Technical Body related to environmental impact assessments
1. The Scientific and Technical Body shall develop standards or guidelines for
consideration and adoption by the Conference of the Parties on:
(a) The determination of whether the thresholds for the conduct of a screening or
an environmental impact assessment under article 50 have been met or exceeded for
planned activities, including on the basis of the non-exhaustive factors set out in
paragraph 2 of that article;
(b) The assessment of cumulative impacts in areas beyond national jurisdiction
and how those impacts should be taken into account in the environmental impact
assessment process;
(c) The assessment of impacts, in areas within national jurisdiction, of planned
account in the environmental impact assessment process:
(d) The public notification and consultation process under article 32, including
the determination of what constitutes confidential or proprietary information;
(e) The required content of environmental impact assessment reports and
published information used in the screening process pursuant to article 33, including best
practices;
(f) The monitoring of and reporting on the impacts of authorized activities as set
out in articles 35 and 36, including the identification of best practices:
(g) The conduct of strategic environmental assessments
2. The Scientific and Technical Body may also develop standards and guidelines for
consideration and adoption by the Conference of the Parties, including on:
(a) An indicative non-exhaustive list of activities that require or do not require an
environmental impact assessment, as well as any criteria related to those activities, which
shall be periodically updated;
(b) The conduct of environmental impact assessments by Parties to this
Agreement in areas identified as requiring protection or special attention
3. Any standard shall be set out in an annex to this Agreement, in accordance with
article 74.
Article 39
Strategic environmental assessments
1. Parties shall, individually or in cooperation with other Parties, consider conducting
strategic environmental assessments for plans and programmes relating to activities under
their jurisdiction or control, to be conducted in areas beyond national jurisdiction, in order
to assess the potential effects of such plans or programmes, as well as of alternatives, on
the marine environment.
2. The Conference of the Parties may conduct a strategic environmental assessment of
an area or region to collate and synthesize the best available information about the area or
region, assess current and potential future impacts and identify data gaps and research
priorities.
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