Biodiversity Beyond National Jurisdiction Bill (2024–25)

The Biodiversity Beyond National Jurisdiction Bill (2024–25) bill would enable the UK to ratify the United Nations Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, which was adopted in June 2023.

The BBNJ agreement aims to protect biodiversity in areas beyond national jurisdiction (ABNJs), which include the high seas and international seabed. These areas make up 61% of the ocean’s surface and 73% of its volume. The bill covers marine genetic resources, area-based management tools and environmental impact assessments.

Both the previous government and current government have supported the BBNJ Agreement, with the current government committing to introduce legislation required to ratify the agreement before the end of 2025.

Background to the BBNJ Agreement

The UN Convention on the Law of the Sea (UNCLOS) provides the legal framework for maritime governance. It defines maritime zones and sets out obligations for states to protect the marine environment. However, UNCLOS does not include detailed provisions for conservation in ABNJs. In response, the UN began work in 2006 to develop a legally binding agreement to address biodiversity in these areas. The BBNJ Agreement requires ratification by 60 countries to come into force. As of October 2025, 75 countries have ratified the agreement, and it has now come into force. The UK not yet ratified the agreement.

The BBNJ Agreement covers four areas:

• Marine genetic resources (MGRs): the agreement sets out principles for the fair and equitable sharing of benefits from MGRs, including digital sequence information (DSI). It excludes fishing activities unless samples are collected specifically for genetic analysis.
• Area-based management tools (ABMTs): the agreement provides a framework for identifying and implementing ABMTs to protect ecosystems and support food security, including in marine protected areas (MPAs). Proposals are submitted to the agreement’s secretariat and decided by the Conference of the Parties (COP).
• Environmental impact assessments (EIAs): the agreement requires EIAs for activities in ABNJs that may cause significant harm to the marine environment. It sets out thresholds and procedures for conducting and reporting assessments.
• Capacity building and technology transfer: the agreement aims to support developing countries in implementing its provisions through cooperation and access to marine technology.

UK ratification and legislative process

The UK is a dualist state, meaning international treaties do not automatically change domestic law. Legislation is sometimes required to implement treaty obligations. The government has said that primary legislation is needed before it can ratify the BBNJ agreement. The agreement can be ratified at any time once the legislation is in place.

Overview of the bill

The BBNJ Bill covers parts II to IV of the BBNJ Agreement. The legislation would:

• Set out requirements for collecting and using MGRs. UK craft would have to apply for permission to collect samples and report on their use. MGR repositories and databases holding DSI would have to be open access, and sanctions would apply for non-compliance.
• Provide powers for the government to implement any decisions under the BBNJ Agreement on ABMTs, including the creation of MPAs, and any emergency measures. The Secretary of State would be able to issue directions and create offences for non-compliance.
• Extend marine licensing and EIA requirements in UK waters to UK activities in ABNJs. This would include powers for UK and Scottish ministers to make regulations and apply provisions from existing UK legislation.

Delegated powers would allow the Secretary of State to introduce regulations and amend primary legislation in response to future COP decisions.

Stakeholder reaction

Environmental organisations have welcomed the bill and the UK’s commitment to ratifying the BBNJ Agreement. The International Union for Conservation of Nature (IUCN) described the treaty as essential for meeting climate and biodiversity targets. The Blue Marine Foundation called it a historic moment for ocean conservation. Orca, a whale charity, said the treaty offers a lifeline for ocean biodiversity. The National Oceanography Centre said the bill reinforces UK leadership in global ocean governance.

The treaty does not specifically address deep-sea mining but has implications for activities regulated by the International Seabed Authority. Campaign groups have called for a pause on deep-sea mining to align with the treaty’s principles.