The EU Council's Law of the Sea Working Party (COMAR) has discussed working papers on implementing the new Biodiversity Beyond National Jurisdiction (BBNJ) Agreement and preparing a joint declaration on threats from the 'shadow fleet' and protecting critical undersea infrastructure, according to an information note published on 1 September 2026.
BBNJ Preparatory Commission and Council Decision
COMAR is preparing for the BBNJ Preparatory Commission (PrepCom) and negotiating a Council Decision on the BBNJ Agreement. The BBNJ Agreement, adopted in 2023, aims to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction. The Council Decision would authorise EU participation in the PrepCom, which will draft rules of procedure and operational guidelines for the agreement's implementation.
Shadow Fleet and Undersea Infrastructure
The working party also discussed a joint declaration on threats from the 'shadow fleet'—vessels that engage in illicit activities such as sanctions evasion, illegal fishing, or environmental violations—and on protecting critical undersea infrastructure like cables and pipelines. This follows increased EU concern over hybrid threats in the maritime domain.
Impact on Stakeholders
- EU Member States: Will need to align national positions on BBNJ ratification and implementation, and coordinate on shadow fleet countermeasures. - EU Maritime Industry: Shipping and offshore energy sectors may face new security requirements for undersea infrastructure protection. - Environmental NGOs: Welcome BBNJ progress but may push for stronger enforcement mechanisms. - Third Countries: The shadow fleet declaration could affect diplomatic relations with flag states of suspect vessels.
Next Steps
The COMAR discussions will feed into the Council's Foreign Affairs and General Affairs configurations. The BBNJ Council Decision is expected to be adopted later in 2026, while the shadow fleet declaration may be issued at an upcoming EU summit.
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