BBNJ PrepCom III
Third Session of the Preparatory Commission | 23 March – 2 April 2026 | UN Headquarters, New York
Source: Earth Negotiations Bulletin, Vol. 25 No. 262
Overview
The third and final session of the Preparatory Commission (PrepCom) for the BBNJ Agreement concluded on 2 April 2026, marking the last formal preparatory step before the first Conference of the Parties (COP1), now scheduled for 11–22 January 2027 at UN Headquarters in New York. The session was the first PrepCom convened after the Agreement's entry into force on 17 January 2026. Austria and the Dominican Republic ratified the Agreement during the session, bringing the total number of Parties to 88.
More than 200 representatives of governments, civil society, and intergovernmental bodies attended. The PrepCom's mandate is to prepare draft decisions and documents on institutional and financial matters for COP1 to adopt. The outcome was mixed: progress was made on several important issues, but key documents, including the rules of procedure for the COP, were forwarded with unresolved (bracketed) text, leaving significant work for COP1.
What Was Agreed
Clearing-House Mechanism (CHM): Delegates agreed to develop a prototype ahead of COP1. An expression-of-interest process for a technical partner will be launched, overseen by the PrepCom Co-Chairs with assistance from the Division for Ocean Affairs and the Law of the Sea (DOALOS).
Special Fund: A transparent, time-bound ad hoc committee of 35 members will be established to develop a constitutive document for the Special Fund, for adoption at COP2. The committee will hold up to four in-person meetings and include dedicated seats for SIDS, LDCs, LLDCs, Indigenous Peoples, and local communities.
GEF Memorandum of Understanding: The content of a draft MoU between the COP and the Global Environment Facility (GEF) Council was agreed, covering guidance from the COP, reporting, monitoring, and complementarity within the financial mechanism.
Secretariat Seat: If consensus on the permanent seat cannot be reached at COP1, a secret ballot will be held requiring a two-thirds majority, with successive rounds eliminating the lowest-scoring candidate until one receives the required threshold.
Voluntary Trust Fund (VTF): Terms of reference for the VTF were adopted, supporting the participation of developing countries, LDCs, LLDCs, and SIDS in meetings of the Agreement's bodies. The VTF currently holds a balance of USD 637,000 and facilitated the attendance of 33 representatives at PrepCom III, 20 of whom were from LDCs, LLDCs, and SIDS.
Cooperation with Other Bodies: A draft decision on enhancing cooperation with relevant international frameworks and bodies was agreed, emphasising a gradual and flexible approach that avoids duplication and respects existing mandates.
What Remains Unresolved
Several documents were forwarded to COP1 with bracketed text, meaning agreement was not reached and further negotiation is required.
Rules of Procedure (RoP) for the COP: Key sticking points included the operationalization of Article 18 (area of application, with implications for disputed territories and sovereign rights), thresholds for observer participation, quorum and voting rules, and the procedure for amending the RoP itself.
Terms of Reference for Subsidiary Bodies: Disagreements remained on membership size and composition, the use of virtual versus in-person meeting formats, and the role and nomination process for Indigenous Peoples and local communities.
Financial Rules and Regulations: Outstanding issues include the role of the Finance Committee in reviewing the budget, maximum and minimum contribution caps, and rules governing Parties in arrears.
Secretariat Institutional Arrangement: Two options remain on the table — a Secretariat institutionally linked to the UN while retaining operational autonomy, or a Secretariat governed by a separate relationship agreement with the UN. The PrepCom Co-Chairs will write to the UN Secretary-General seeking advice before COP1.
Permanent Seat of the Secretariat: The final decision is deferred to COP1. Three candidates presented their bids: Belgium (Brussels), Chile (Valparaíso), and China (Xiamen).
Island State Engagement
Small Island Developing States (SIDS) were among the most active participants at PrepCom III.
Palau, speaking on behalf of the Alliance of Small Island States (AOSIS), gave a pointed assessment of the session's outcome, expressing disappointment that "progress was less than the moment demanded." They noted that island delegations had worked in good faith, accepted compromises, and shown flexibility, but that "red lines emerged suddenly and shifted" during negotiations. Critically, they noted that many of the disagreements "had nothing to do with the Ocean," with disputes from other negotiating processes spilling over into the BBNJ talks. Their closing message was direct: "We owe it to the Ocean and the people that depend on it to do better heading forward to COP1."
Fiji, speaking for the Pacific Small Island Developing States (PSIDS), echoed this frustration while emphasising continued commitment. They stressed that the BBNJ Agreement is "an ambitious undertaking and a promise of true global governance of the Ocean," and called on all participants to "stop running down the clock" and move past narrow interests. Noting that the Ocean is central to Pacific identity and development, they described PrepCom III as "the beginning of a long journey" and pledged to keep working toward operational clarity for COP1.
Antigua and Barbuda, for the Caribbean Community (CARICOM), highlighted the spirit of compromise shown on many agenda items while expressing disappointment that consensus could not be reached across the board. They underscored that recognising the special circumstances of SIDS, LDCs, and LLDCs "is not a tool to seek additional benefits but a matter of equity."
Beyond closing statements, island states actively shaped outcomes on several substantive issues. SIDS secured dedicated seats in the composition of both the subsidiary bodies and the ad hoc committee for the Special Fund. Provisions were also agreed to ensure the Voluntary Trust Fund prioritises LDCs, LLDCs, and SIDS, and to develop a proximity-based alert system in the CHM to support states with limited monitoring capacity — a concern directly relevant to many Pacific and Caribbean nations. Delegates also advocated strongly for the inclusion of provisions enabling virtual emergency decision-making, recognising the logistical and financial barriers many island states face in attending extraordinary in-person meetings.
Key Steps Before COP1
The intersessional period leading to January 2027 will be critical. Planned activities include development of the CHM prototype; a letter to the UN Secretary-General on Secretariat arrangements; intersessional work by the ad hoc committee on the Special Fund; and continued informal consultations on the bracketed provisions in the RoP, subsidiary body terms of reference, and financial rules. The PrepCom's mandate formally expires only at the conclusion of COP1.
Useful Links
This summary is based on the Earth Negotiations Bulletin (ENB), Vol. 25 No. 262, published by the International Institute for Sustainable Development (IISD) on 6 April 2026, written and edited by Asterios Tsioumanis, Ph.D., and Marc Calabretta.
