The draft European Directive aimed at implementing the United Nations treaty on marine biodiversity of areas beyond national jurisdiction has stalled in the EU Council for lack of sufficient support from countries, according to an EU Council note published on Friday 5 June.
The Committee of Permanent Representatives of the Member States to the EU (Coreper) was informed that “at this stage there is no support to pursue work on the proposal” and that it is “not conducive to continue the discussions on this proposal at working party level”, the document states.
Presented in spring 2025 by the European Commission, the proposed directive was intended to transpose uniformly into Union law the international agreement known as BBNJ (Biodiversity Beyond National Jurisdiction), adopted under the United Nations Convention on the Law of the Sea.
Despite the adoption of the European Parliament’s position in November (see EUROPE 13751/12), the proposal met with strong reluctance in the EU Council (consequences for the division of powers).
In March, the EU Council Legal Service considered that a directive was not legally necessary to implement most of the obligations laid down by the BBNJ treaty, while stressing that this was a political choice for the Member States.
The Council of the EU formally noted the absence of a majority to continue legislative work on the directive. The Union is thus moving towards decentralised implementation of the agreement, leaving the Member States broad room for manoeuvre in an area nevertheless presented as essential for ocean protection.
To see the note: https://aeur.eu/f/m7z (Original version in French by Lionel Changeur)