STATEMENT ON BEHALF OF THE GROUP OF 77 AND CHINA BY MR. MARCELO ZAMBRANA TORRELIO, MINISTER COUNSELLOUR OF THE PERMANENT MISSION OF THE PLURINATIONAL STATE OF BOLIVIA TO THE UNITED NATIONS, AT THE MEETING OF THE AD HOC OPEN-ENDED INFORMAL WORKING GROUP TO STUDY ISSUES RELATING TO THE CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY BEYOND AREAS OF NATIONAL JURISDICTION (New York, 16 June 2014)

Co-Chairs,

I have the honour to speak on behalf of the Group of 77 and China at the ad hoc Open-ended Informal Working Group to study the issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. At the outset I would like to assure you of our assistance in your skillful steering during the second round of discussions of this working group.

The G-77 and China would like to reiterate our thank DOALOS for putting together, circulating and updating the compilation of comments made by States on the scope, parameters and scope of a multilateral instrument under UNCLOS, but also would like thank for the Informal overview of issues raised during the first round of discussions on April of this year and for your hard work and guidance during that meeting.

Co-Chairs in the course of the week we shall have opportunity as individual delegation and as the Group of 77 and China to share again on our views on the specific and fundamental issues which constitute our agenda. In that sense, allow me to highlight, once again, some basic aspects of the position of the G77 and China:

First of all I would like emphasize that the Group of 77 and China upholds the importance of the task entrusted to this Working Group when the General Assembly decided to initiate a process and when Rio plus 20 included a commitment on developing a specific legal regime for the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction.

Co-Chairs,

The area "sea-bed and ocean floor, and the subsoil thereof, beyond the limits of the national jurisdiction" as well as its resources are the Common Heritage of Mankind, activities in the area shall be carried out for the benefit of mankind as a whole, taking into particular consideration the interests and needs of developing States.

More importantly, Co-Chairs, the States Parties and non States Parties to the 1982 United Nations Convention on the Law of the Sea need to work together in ensuring not only on the conservation and management of marine biological diversity in areas beyond national jurisdiction but also on the effects of the exploration and use of genetic resources, there is enough knowledge evidencing commercial exploitation of this genetic resources.

Co-Chairs,

The basic principle in UNCLOS and in General Assembly Resolution 2749 (XXV) applicable to these resources is that of the Common Heritage of Mankind, although it does not provide a specific legal regulation for access, exploitation and sustainable use of the biological resources of the area beyond national jurisdiction and for that a specific legal regime needs to be developed in the form of an implementing agreement to UNCLOS based on that principle.

The G77 and China understand that the status quo is not adequate and is committed to address the issue of the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction including by taking a decision on the development of an international instrument under UNCLOS, as agreed in the Rio+20 final document.

Co-Chairs the G77 and China believes that an implementing agreement is essential to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction through a coordinated, integrated and collaborative approach. It would assist in addressing shortcomings in implementation and existing gaps by establishing an overarching legal and institutional framework, so the States should engage to compromises to move forward on the discussion in a consensual manner so that the decision on the development of the international instrument could be taken before the 69th session of the General Assembly.

Finally Co-Chairs,

The Group also believes that a negotiation of all the issues as a package or single undertaking and aiming at the implementation of the relevant principles of UNCLOS is a feasible enterprise.

The G77 and China considers there is the need to pave the way for such decision through meaningful and in-deep discussions oriented at such decision and beyond. The work of this Working Group at this meeting is therefore of the most relevance.

Co-chairs,

The G77 and China is looking forward to continue working with you towards the decision the General Assembly should be taken before the 69th Session. We are confident that this process will allow us to develop a much needed implementing an agreement for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. As this is an interactive process, we will actively engage regarding all aspects of our programme of work.

Co-Chairs we trust all delegations are willing to maintain meaningful discussions. The Group of G77 and China is ready to engage actively and constructively in this process.

Thank you.