Saturday, January 17, 2026, marks the entry into force of the High Seas Treaty (BBNJ Agreement), a historic milestone for ocean governance. Adopted in 2023 and ratified by over 60 countries, this international agreement aims to regulate human activities in areas beyond national jurisdiction, covering 60% of the planet’s surface and two-thirds of the ocean. Here’s what you need to know about this agreement, its stakes, and its initial implementation.
Key Takeaways
- Entry into Force: The BBNJ Agreement takes effect on January 17, 2026, following the achievement of the 60-ratification threshold in September 2025.
- Main Objectives:
- Establishment of marine protected areas in the high seas.
- Strict regulation of human activities (industrial fishing, deep-sea mining, maritime transport) through environmental impact assessments.
- Implementation of a system for access to and benefit-sharing of marine genetic resources.
- Capacity-building for developing countries to ensure sustainable ocean resource management.
- Context: This treaty complements the United Nations Convention on the Law of the Sea (1982) and aligns with the “30×30” target (protecting 30% of oceans by 2030).
- Pivotal Role of the European Union: The EU has been a driving force in the adoption and promotion of this agreement, particularly during the United Nations Ocean Conference (UNOC3) in Nice in June 2025.
- Next Steps: The first Conference of the Parties (COP) will be held at the end of 2026 to define concrete implementation measures.
A Groundbreaking Legal Framework for the High Seas
Why Is This Treaty Historic?
The high seas, which begin beyond exclusive economic zones, have long operated under legal ambiguity. Previously governed by the principle of freedom, they now face increasing pressures such as industrial fishing, exploitation of genetic resources, mining projects, and pollution. The BBNJ Agreement establishes, for the first time, a legally binding framework for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.
The Four Pillars of the Treaty
The Four Pillars of the BBNJ Agreement
| Pillar | Description | Stakes |
|---|---|---|
| Marine Protected Areas | Creation of protected zones in the high seas to preserve ecosystems. | Achieving the 30×30 target (30% of oceans protected by 2030). |
| Marine Genetic Resources | Mechanism for sharing benefits derived from the exploitation of genetic resources (access, data, intellectual property). | Equity between developed and developing countries, support for research. |
| Environmental Impact Assessments | Mandatory assessment of the impact of human activities before authorization. | Minimizing damage to biodiversity. |
| Capacity-Building | Technical and financial assistance to developing countries for sustainable management. | Reducing inequalities in access to resources and technologies. |
The European Union at the Forefront
Unprecedented Diplomatic Mobilization
The European Union has been one of the main architects of this agreement, launching the “High Ambition Coalition for the High Seas Biodiversity Treaty” alongside global partners. The organization of the third United Nations Ocean Conference (UNOC3) in Nice in June 2025 was pivotal: over 170 states adopted an ambitious political declaration, and many countries accelerated their ratification processes. The EU also initiated concrete commitments against plastic pollution and for the protection of the Mediterranean.
Upcoming Challenges
- Governance: Establishment of a permanent secretariat, a scientific and technical body, and a committee on access and benefit-sharing.
- Financing: Mobilization of public and private funds to support developing countries.
- First Conference of the Parties: Scheduled for late 2026, it will define the rules for creating marine protected areas and the modalities for benefit-sharing.
The 30×30 Target: Where Do We Stand?
A Global Commitment
The goal of protecting 30% of land and oceans by 2030, adopted at COP15 in 2022, is central to the BBNJ Agreement. Currently, less than 10% of the seas are covered by marine protected areas, and less than 1% of the high seas is effectively protected. The treaty provides an essential legal tool to accelerate the creation of new protected areas, particularly in international waters.
Examples of Existing Marine Protected Areas
Examples of Existing Marine Protected Areas
| Name | Location | Area | Status |
|---|---|---|---|
| Coral Sea Natural Park | New Caledonia | 1.3 million km² | Strong protection |
| Pelagos Sanctuary | Mediterranean (France, Italy, Monaco) | 87,500 km² | Protection of marine mammals |
| French Austral Lands and Seas Nature Reserve | Indian Ocean | 673,000 km² | Full protection |
Marine Genetic Resources: An Economic and Scientific Stake
Immense Potential
Marine genetic resources (molecules, genes, organisms) are a major source of innovation for medicine, cosmetics, and industry. The treaty establishes a benefit-sharing mechanism to ensure equitable access, particularly for developing countries.
How the System Works
- Notification: States must declare their activities involving access to resources.
- Benefit-Sharing: Profits from exploitation (patents, products) are redistributed through a dedicated fund.
- Protection of Traditional Knowledge: The knowledge of Indigenous peoples is recognized and protected.
What Impact for Boaters and Maritime Actors?
Navigation and Regulation
New marine protected areas may impose navigation or fishing restrictions in certain zones. Boaters will need to stay informed about local and international regulations, particularly through updated nautical charts and navigational notices.
Opportunities
- Sustainable Tourism: Development of environmentally respectful activities (ecotourism, responsible diving).
- Innovation: Access to new resources for research and development of marine-based materials or medicines.
Conclusion
The entry into force of the BBNJ Agreement represents a major advance in ocean protection. Its success will now depend on concrete implementation and international cooperation. The European Union remains committed to making this treaty an effective tool for biodiversity and future generations.