Key data
| Regulation | Council Decision (EU) 2026/571 — CELEX:32026D0571 |
|---|---|
| Publication | 16 March 2026 |
| Entry into force | 16 March 2026 |
| Affected parties | High seas fishing, maritime transport, marine biotechnology, companies with high seas activities |
| Category | European Regulation |
| International framework | BBNJ Agreement — UNCLOS Convention (United Nations Convention on the Law of the Sea) |
| Year | 2026 |
High seas fishing companies, shipping companies and marine biotechnology firms operating in international waters face a new regulatory framework on the horizon. On 16 March 2026, the EU Council approved Decision 2026/571, which establishes the Union's official position in the Preparatory Commission and the first Conference of the Parties to the BBNJ Agreement (Biodiversity Beyond National Jurisdiction).
This agreement, framed within the United Nations UNCLOS Convention on the Law of the Sea, regulates the conservation and sustainable use of marine biodiversity on the high seas. Although the impact today is institutional, the regulatory frameworks that will emerge from this treaty will directly affect operations in international waters.
What does this regulation establish?
Decision 2026/571 does not impose direct obligations on companies at this time. What it does is determine the position that the EU will defend in the international forums where the specific content of the BBNJ treaty will be developed. These forums are:
- The Preparatory Commission of the BBNJ Agreement
- The first Conference of the Parties of the BBNJ Agreement
The BBNJ agreement regulates three major areas that will affect companies:
| Regulated area | Description |
|---|---|
| Marine genetic resources | Access and use of genetic resources on the high seas, with direct implications for marine biotechnology |
| Marine protected areas | Creation and management of protected zones in international waters, with possible restrictions on fishing and navigation |
| Environmental impact assessments | Obligation to assess the impact of high seas activities before carrying them out |
The treaty is framed within the UNCLOS Convention of the United Nations on the Law of the Sea, the main international legal instrument regulating the oceans.
Economic and operational impact
The immediate economic impact is low: this decision does not generate direct costs for companies today. However, the medium-term impact could be significant for the affected sectors.
The foreseeable operational effects as the BBNJ treaty develops include:
- High seas fishing: possible restrictions on access to high seas fishing zones declared as marine protected areas, and new obligations for environmental impact assessments prior to activity.
- Maritime transport: adaptation of routes or operating procedures in zones that may come under special protection, and possible environmental assessment requirements for new routes.
- Marine biotechnology: regulation of access to marine genetic resources on the high seas, with potential impact on the research and development chain for products based on marine organisms.
The cost of adaptation will depend on the final content of the regulatory frameworks adopted at the Conference of the Parties. Companies operating on the high seas should anticipate costs of regulatory compliance, operational adaptation and possible limitations on access to resources or zones.
Who does it affect?
- High seas fishing companies with activities in international waters outside national jurisdiction
- Shipping companies and maritime transport enterprises operating routes on the high seas
- Marine biotechnology companies that access or use marine genetic resources
- Any company with high seas activities, including resource extraction, research or exploration
- Legal advisors and compliance consultants advising the above sectors
Practical example
A Spanish high seas fishing company operating in the South Atlantic, outside the jurisdiction of any State, should pay close attention to the agreements adopted at the first Conference of the Parties to the BBNJ treaty.
If new marine protected areas are designated at that Conference in zones where the company currently operates, the company could see its access to those waters restricted or conditioned. Additionally, if the treaty establishes environmental impact assessment obligations for high seas fishing activities, the company will need to incorporate that process into its operational planning before launching campaigns in affected zones.
The same reasoning applies to a shipping company using high seas routes: if any of those routes cross zones that come under special protection, it may need to adapt its planning or demonstrate compliance with environmental requirements.
In both cases, the time to act is now, in the monitoring and anticipation phase, not when obligations are already enforceable.
What should companies do now?
- Identify if your company operates on the high seas: determine if your activity (fishing, transport, biotechnology or other) takes place in international waters outside national jurisdiction. If so, this treaty will affect you.
- Assign a regulatory monitoring officer: designate someone in your organization (or in your advisory firm) to monitor progress in the Preparatory Commission and the first Conference of the Parties to the BBNJ agreement.
- Map your operating areas: identify which high seas areas you currently operate in. This will allow you to quickly assess the impact when the first proposals for marine protected areas are published.
- Review your environmental assessment processes: if your company does not have environmental impact assessment procedures for high seas activities, now is the time to start developing them, before they become mandatory.
- Consult with advisors specialized in international maritime law: the BBNJ treaty is a complex international law instrument. Having specialized advice will allow you to anticipate obligations and avoid non-compliance when regulatory frameworks become enforceable.
Frequently asked questions
What is the BBNJ agreement and how does it affect Spanish high seas fishing companies?
The BBNJ agreement (Biodiversity Beyond National Jurisdiction) regulates the conservation and sustainable use of marine biodiversity on the high seas, including marine genetic resources, marine protected areas and environmental impact assessments. For Spanish high seas fishing companies, it implies new compliance obligations in international waters in the medium term.
When do the practical obligations of the BBNJ treaty come into force for companies?
The Council Decision was published and entered into force on 16 March 2026. However, the immediate impact is institutional: the EU sets its negotiating position in the Preparatory Commission and the first Conference of the Parties. Practical obligations for companies will derive from the regulatory frameworks adopted at the Conference of the Parties, which will be developed over the coming years.
What are the main obligations that the BBNJ treaty will impose on maritime transport companies?
The main obligations for maritime transport companies will include: (1) possible adaptation of routes if they cross marine protected areas designated under the treaty; (2) environmental impact assessments for new routes or significant changes to existing routes; and (3) compliance with any operational restrictions established in protected zones.
How does the BBNJ treaty affect access to marine genetic resources for biotechnology companies?
The BBNJ treaty establishes a regulatory framework for access to marine genetic resources on the high seas. Biotechnology companies will need to comply with new authorization and benefit-sharing requirements when accessing or using genetic material from marine organisms found in international waters.
What is the difference between the Preparatory Commission and the Conference of the Parties?
The Preparatory Commission is a temporary body that prepares the entry into force of the BBNJ treaty and the first Conference of the Parties. The Conference of the Parties is the main decision-making body of the treaty, where member states adopt the specific regulatory frameworks and operational rules that will govern activities on the high seas.
Official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information contained herein is based on the official text of Council Decision (EU) 2026/571 and publicly available information about the BBNJ agreement. The interpretation and application of this regulation may vary depending on specific circumstances. Companies should consult with specialized legal advisors to assess the impact on their specific operations and to ensure compliance with applicable regulations. The author and publisher assume no liability for the use of this information or for any consequences arising from its application.