INTERVENTIONS ON BEHALF OF THE GROUP OF 77 AND CHINA, BY MR. FUAD BATEH, SENIOR ADVISOR, MISSION OF THE STATE OF PALESTINE TO THE UNITED NATIONS, ON AGENDA ITEM 7: CROSS-CUTTING ISSUES, AT THE SECOND SESSION OF THE INTERGOVERNMENTAL CONFERENCE ON AN INTERNATIONAL LEGALLY BINDING INSTRUMENT UNDER THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ON THE CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY OF AREAS BEYOND NATIONAL JURISDICTION (New York, 3-4 April 2019)

Thank you Madam President. Starting with Part IV Institutional arrangements and then section 1. Decision-making body/forum in paragraph (1), the Group of 77 & China would see some formulation of Option I.

Looking to paragraph (2), the Group would favor some formulation of Option I and thus eliminate the Option II "No text".

With regard to paragraph (3), the Group notes that the selection follows from selections under paragraph (1) and thus we hope to benefit from the discussion herein this second session of the Intergovernmental Conference.

Looking to section 2. Scientific/technical bodies, the G77 & China would see the elimination of Option III "No text" under paragraph (1).

With regard to paragraph (2), the Group would prefer to see text here, and thus would eliminate Option II "No text". The G77 & China would see some formulation of Option 1.

Looking to section 3. Other subsidiary bodies, recognizing the need for subsidiary bodies, the G77 & China would like to see some text here, but perhaps some streamlined formulation of Option I which strikes a balance allowing a decision-making body to establish other subsidiary bodies. We would thus eliminate Option II "No text".

Moving to section 4. Secretariat, in regard to paragraph (1), the Group 77 & China agree that we need a secretariat that can take up those important functions.

With regard to paragraph (2), the Group would eliminate Option III "No text", as well as Option II, and thus see some formulation of Option 1. Thank you very much Madam President.

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Thank you Madam President. With regard to Part V. Clearing-house mechanisms, on behalf of the G77 & China we would begin by saying that we have a preference for seeing some text in this section of the instrument, and so have a preference for Option II, but with the proviso that there should be some language in Option II that allows for a decision-making body to develop other potential functions and responsibilities of this clearing-house mechanism. Moving to paragraph (5) under Option II, the Group would indicate under sub-paragraph (a) we would like to see some formulation of Option A. With regard to paragraph (7), there is an interest in seeing more options and therefore we hope to benefit from the discussions during this session. With regard to paragraph (8), we would like to benefit from the discussions during this session. Thank you.

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With regard to Part VI. Review, the Group 77 & China would eliminate Option II "No text", and further see some formulation of Option I that includes periodic review. Thank you.

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Thank you very much Madam President. With regard to Part II. General Elements, section 1. Use of Terms, it is clear that definitions are very important to our ultimate understanding of the instrument, but are we at the moment to know which definitions are necessary in the document - - - both in part due to continuing open discussions on the other topics of the package, as well as some terms might be perceived to have very plain use.

We would say that let us make progress on the four topics including discussion of definitions, and where we have a term that requires a clear definition then let us try to identify a definition which we believe would be coherent with those contained in existing international instruments. We look forward to the thoughts of others. Thank You.

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Thank you very much Madam President. With regard to section 1. General principles and approaches under Part III. Conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, the G77 & China highlight the pre-eminence and significance of the Common Heritage of Mankind as represented in previous statements of the Group.

Moving forward to section 2. Scope of Application, in regard to sub-section 2.2 entitled "Material scope" the G77 & China would eliminate Option II "No text" in paragraph (2) as we would see some formulation of Option I.

With regard to section 3. Objectives, the Group 77 & China would eliminate the Option II "No text" under paragraph (2), as we favor some formulation of Option I.

With regard to section 4. Relationship to the Convention and other instruments and frameworks and relevant global, regional and sectoral bodies, the G77 & China would eliminate Option II "No text" in paragraph (3), as we would see some formulation of Option I. Thank you.