Madam President,

The Group of 77 and China believe that the deliberations that took place in the four informal groups show clearly the seriousness of member states and relevant IGOs and NGOs in addressing this process, and the importance they attach to advancing it at the right pace.

The Group of 77 and China acknowledge the fact that we might not all share identical views or positions, nevertheless we share the same interests in maintaining our Ocean healthy and to conserve and sustainably use it, these are our common duty and mandate that the world is impatiently waiting for us to fulfill.

The group of 77 and China have expressed on many occasions its support for switching gears to move this process forward. Therefore, the preparation of a zero draft of the international legally binding instrument is the next logical step in this direction. We were encouraged to observe many delegations expressing similar views in their general statements.

The Group of 77 and China are of a view that having a draft text will be conducive to launching more focused and substantive discussions; it will also allow member states to put their hands on areas of consensus as well as major divergence and challenges. This clarity will motivate delegations to elaborate and figure out new approaches and possible ways to bridge gaps and consider compromises when and where appropriate.

In this context, the group of 77 and China trust your ability Madam President to fulfill the task of producing a negotiating draft text to be circulated in a timely manner prior to the second substantive session of the IGC.

The Group of 77 and China believe that you Madam President has the well-needed knowledge and expertise to draft a balanced legal text that comprehensively reflects positions expressed during our lengthy deliberations during this session and in the previous four sessions of the PrepCom.

This draft text can be structured in a flexible manner while maintaining its legal nature, by containing more than one option, where needed, and to be open to delegations for further inputs. This will be useful in facilitating more productive negotiations aimed at addressing concerns expressed by different delegations, and in facilitating the possibility of making compromises and ultimately reaching consensus.

Finally, as this will be the last intervention by this delegations during the first session, I would like to thank all delegations for their active and serious engagement during our deliberations, and to thank the facilitators for their crucial role and the informative oral reporting to the IGC, as well as to express appreciation for all the support provided by DOALOS and last but not least to commend you madam president for all your efforts and hard work, you gave us a heavy summer homework to address questions in the president's aid to discussions document, now I guess it's our turn to kick the ball back to you requesting you to prepare a back to school thesis.

We do trust that you are up to the task and that you will be able to guide us wisely on the way forward.

I conclude by wishing you Madam President best of luck.

Thank you.

At the outset, allow me Madam President to express the satisfaction and gratitude of the group of 77 and China for the excellent manner in which the four facilitators of the informal working groups have managed to steer and guide our work. The Group of 77 and China would like to acknowledge their leadership and expertise, which enriched our deliberations.

With regard to the matter at hand relating to the dates of the second and third session of the IGC, the Group of 77 and China are of the view that the following criteria should observed:

First, the Group of 77 and China underline the necessity to grant enough inter-sessional time to allow delegations to be better prepared, including conducting proper consultations with their capitals as well as to give the opportunity for different groups to coordinate their common positions.

Second, to avoid overlapping with any other relevant meetings relating to Oceans and the Law of the Sea, or any major activities at the UN that might overshadow the work of the IGC like the preparations for the high-level segment of the General Assembly, bearing in mind the heavy burden and challenges faced by small delegations in this context.

Third, ensure the ability of the secretariat to provide the necessary support during the chosen dates. In this context, the group of 77 and China would like to express our appreciation and to thank the secretariat, in particular, DOALOS and DGACM for their instrumental role in supporting the work of the IGC. We look forward to the continuation of this indispensable support, which will be positively reflected on the quality of our work.

Taking in consideration the above stated, the Group of 77 and China can be flexible on the exact dates. We consider March or April as an acceptable option for the second session as well as August for the third session.

At the outset let me congratulate you for your reappointment to facilitate the work of the Informal Working Group on marine genetic resources (MGRs), including questions on the sharing of benefits, the Group of 77 and China trust that your knowledge and leadership will advance our discussions into the right direction.

3.1 (Scope)

On the scope question, in terms of the geographical and material scope of the application of the MGRs in ABNJ, the Group of 77 and China consider that any access within the scope of the new instrument must not hamper marine scientific research.

The scope of application should cover all marine genetic resources beyond national jurisdictions, in high seas and in the Area in which are not ruled by the Seabed Authority and in accordance to UNCLOS provisions.

The Group of 77 and China believe in the importance to explore possible options to ensure a similar common approach in addressing MGRs within and beyond national jurisdiction, taking into account the ecosystem approach, and without prejudice to the sovereign rights and jurisdiction of Coastal States, as accorded by UNCLOS, over their exclusive economic zone (EEZ), as well as over their continental shelf, including beyond 200 nm, where applicable.

The Group of 77 and China would support a distinction between the use of fish as a source of genetic resources and as a commodity based on the end-use and the manner the fish is processed and exploited after harvesting.

The Group of 77 and China view that the instrument should apply on MGRs collected in situ and MGRs ex situ as well as to in silico MGRs, digital sequence data and all other processing of marine genetic resources, as they are all originated from the collected MGRs samples.

It would be useful to include in the reporting and monitoring mechanism the geographical coordinates of collected marine genetic resources that would be processed, which might be also reflected in the way the benefit-sharing regime will be implemented.

3.2.1(Access)

The Group of 77 and China reaffirm the importance of access to marine genetic resources, bearing in mind that any access within the scope of the new instrument will not hamper marine scientific research.

The Group of 77 and China are open to discuss different forms of access to MGRs, which would make benefit sharing of most effective and responsive to the protection and preservation of marine environment, as well as to the needs and interests of marine scientific research and the development opportunities of the developing states, including future generations.

Regulated access could be provided:

- for bioprospecting, not for marine scientific research purposes,
- and for marine genetic resources of the Area.

Terms and conditions for access could be established, taking into account the possibility of change of use, including capacity building, transfer of marine technology, a requirement to deposit samples, data and related information available in open source platforms such as databases, biorepositories and/or biobanks, and/or contribution to an access and benefit-sharing fund as conditions for access, drawn from the ISA model.

The principles contained in the Nagoya Protocol could be drawn from with respect to knowledge associated with genetic resources and prior consent involving indigenous and local communities.

States could be required to take appropriate and effective legislative, administrative or policy measures to provide that genetic resources utilized within their jurisdiction have been accessed in accordance with established regulations.

3.2.2.(Benefit-sharing)

(Guiding principles and approaches)

The Group of 77 and China firmly reiterate that the principle that should guide and underpin the new regime for the conservation and sustainable use of MGRs of ABNJ, including questions on the sharing of benefits, must be the principle of the common heritage of mankind.

The Group of 77 and China are of the view that this principle provides a legal foundation for a fair and equitable regime of conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including the access and benefit sharing of MGRs of ABNJ, and that would allow all countries to benefit from the potential that marine biodiversity represents in terms of global food security and economic prosperity.

The Group of 77 and China would like to highlight the following elements of the principle of common heritage of mankind that are critical to a fair and equitable regime, of which MGRs are part:

- The need to carry out activities pertaining to conserve and sustainably use marine biological diversity for the benefit of mankind as a whole, irrespective of their geographical location, and taking into particular consideration the interests and needs of the developing countries (regardless of sub-categorization of countries under 'developing countries').
- Use of areas beyond national jurisdiction and their resources by all States shall be exclusively for peaceful purposes.
- No claim or exercise of sovereignty or sovereign rights of the areas beyond national jurisdiction nor any appropriation shall be recognized.
- The benefits shall be equitably shared.
- The activities regarding the exploration, exploitation of the resources in the said areas should be governed by an international regime.

Furthermore, in the context of the implementation of the 2030 Agenda for Sustainable Development, the new instrument could contribute to the conservation and sustainable use of the Ocean and its resources for the full benefit of all, for today's generation and for future generations.

The principles and approaches guiding benefit-sharing should be clearly mentioned in the instrument as
a reference for any future interpretation of the instrument clauses.

The instrument should contain both detailed and non-exhaustive list of benefits and of types of benefits, to make the implementation clearer, this list might be developed and reviewed subsequently according to agreed procedures within the instrument.

(Benefits and Benefit-sharing modalities)

Regarding the types of benefits that could be shared from the utilization of marine genetic resources, the Group of 77 and China are of the view that the benefits should be both monetary and non-monetary, and we understand that some benefits could be shared at different stages.

The types of non-monetary benefits to be included should comprise access to all forms of resources, data and related knowledge, transfer of technology and capacity building as well as the facilitation of marine scientific research for MGRs on ABNJ.

On the other hand, the Group of 77 and China are open to discuss the different types and modalities concerning monetary benefits, which may include, but not be limited to those mentioned in the Annex of the Nagoya Protocol. The Group's view is that beneficiaries from exploiting MGR shall be required to share benefits, which will be done equitably with States Parties of the instrument.

The shared benefits shall also be used to:

- Financing the activities of the institutional arrangement.
- Contributing to the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction.
- Building capacity to access and use of marine genetic resources of areas beyond national jurisdiction.
- Promote scientific research and facilitate access to marine genetic resources.
The following existing instruments and frameworks would need to be taken into account with regard to modalities for the sharing of benefits:
- CBD Nagoya Protocol.
- ISA.
- FAO's International Treaty on Plant Genetic Resources for Food and Agriculture

3.2.3 (Intellectual property rights)

The Group of 77 and China are of the view that the relationship between the instrument and intellectual property rights should be considered by the IGC; different ideas can be discussed with regard to the traceability of any processing of marine genetic resources either commercial or none commercial.
The institutional arrangement would be responsible of implementing any practical arrangements to monitor the utilization of marine genetic resources

3.4.1 (Use of terms)

The Group of 77 and China believe that 'Marine genetic resources', 'utilization of marine genetic resources' as well as their related technical notions should be defined.

The Relationship to the Convention and other instruments and frameworks and relevant global, regional and sectoral bodies should require specific provisions, to guarantee to possible extent that the implementation would not undermine relevant global, regional and sectoral bodies, including CBD and FAO; rather the instrument should use the expertise and lessons learned from the implementation of similar mechanisms within these relevant bodies.

3.4.3 (General principles and approaches)

The Group of 77 and China underline that general principles and approaches pertaining to marine genetic resources could include the examination of possible complementary approaches of the two principles of common heritage of mankind and freedom of high seas, as the first should govern the exploitation of marine genetic resources, while the second principle can be governing the provisions for access with proper regulation, as appropriate.

3.4.4 International cooperation

(Capacity building and transfer of marine technology)

The Group of 77 and China are of the view that by introducing binding provisions, the instrument would set out the obligation of States to cooperate with respect to marine genetic resources, including questions on benefits sharing.

In order to promote an equitable access to the potential benefits of marine biodiversity and to address properly the conservation and sustainable use of MGRs in ABNJ; the Group of 77 and China reiterate that the special requirements for capacity building and transfer of marine technology of developing countries must be recognized.

3.4.5 Institutional arrangements

The Group of 77 and China believe that there is a merit in studying the structure of existing organizations and convention bodies such as ISA. IMO. FAO. UNFCCC to consider lessons learned and best practices, while accomplishing universality, in an effort to determine the most effective mechanisms going forward for the institutional arrangements bodies.

The institutional arrangements under the new instrument could be responsible for monitoring and management of the implementation of the agreed mechanism of benefit sharing, taking into consideration the high technicality of the concerned issues, and the need for an effective institution to operationalize the provisions of the new instrument.

At this juncture, and without prejudice to the further consideration of the nomenclature of institutional bodies of the new instrument, it can include the following bodies:

- a secretariat;
- a decision-making body such as Conference of Parties (COP);
- a scientific and technical body with an advisory competence;
- a clearinghouse mechanism to promote and facilitate technical and scientific cooperation, knowledge and data sharing,
- a mechanism in charge of access and benefit sharing of MGRs

3.4.6 Clearing-house mechanism

Concerning the modalities and functions of a clearing-house mechanism with regard to marine genetic resources, including questions on the sharing of benefits; the Group of 77 and China are of the view that a protocol or code of conduct or guidelines could be developed within the said mechanism in order to ensure environmental protection, compliance and transparency in the use of marine genetic resources of ABNJ to promote and facilitate technical and scientific cooperation, knowledge and data sharing using, inter alia, web-based tools.

Those tools can be a platform to access, evaluate, publish and disseminate information, as well as to provide a case-by-case option upon request.

A trust fund within the possible clearinghouse mechanism could be established with a view to guarantee a fair, concrete and functional benefits sharing mechanism.

Any consideration of a mechanism should take into account existing mechanisms, such as the ISA, the CBD, the UNFCCC (Climate Technology Centre and Network as well as the Technology Needs Assessment), FAO, The International Treaty on Plant Genetic Resources for Food and Agriculture. IOC-UNESCO.

- The non-monetary benefit should comprise of access to all forms of resources, data and related knowledge, transfer of technology and capacity building as well as facilitation of marine scientific research on MGRs of areas beyond national jurisdiction.

- MGRs can bring about monetary benefits and, consequently, the Group of 77 and China are open to discuss the different modalities of monetary benefits, which may include, but would not be limited to those mentioned in the Annex of the Nagoya Protocol as well as the conditions triggering the monetary benefits.

- It will be also essential to provide optional and custom-made models and packages of benefit sharing that are adaptable to address the different needs and capacities of recipient states in order to get the best outcome out of these packages.