STATEMENT ON BEHALF OF THE GROUP OF 77 AND CHINA DELIVERED BY THE DELEGATION OF IRAQ AT THE FIRST SESSION OF THE PREPARATORY COMMISSION OF THE BBNJ AGREEMENT - ITEM 5 (CLUSTER I: ISSUE 1): RULES OF PROCEDURE OF THE CONFERENCE OF THE PARTIES (New York, 18 August 2025)

Distinguished Co-Chairs,

1. I have the honor to speak on behalf of the Group of 77 and China. At the outset, I would like to thank the Co-Chairs for providing a revised aid to discussions and negotiations on the Rules of Procedure for the Conference of the Parties, contained in document A/AC.296/2025/12. The Group continues to consider its position on the topic, but we thought it might be helpful to weigh in on the guiding questions.

2. To answer question one on what elements, if any can be accepted as is, we would like to note that the majority of the Rules of Procedure follow the format which we are accustomed to. Hence, I will limit our observations on the few that require further work.

3. We reiterate the fact that the Agreement as well as relevant resolutions including resolution A/RES/78/272 establishing the present Commission, have paid particular attention to the developing countries and should continue to inspire and guide the discussion of the Preparatory Commission. As a general approach, the Commission should take into account the needs and priorities of developing countries and fully recognize the special circumstances of SIDS and LDCs. Such approach conforms with the provisions of the BBNJ Agreement and its spirit.

Dear Co-Chairs,

4. As stated before, our main deliverable is for a set of rules that provide clarity on procedure and enable a smooth running of the Conference of the Parties. Thus, the Group will now focus on the new elements, which have been included in the updated aid to discussions.

5. In Rule 4, we noted a kind of convergence for the COP to start on an annual basis to deal with the workload and then to revert to a biennial format. We generally agree, and now we should accommodate a practical way of how to prescribe such a transition.

6. We recognize that the discussion on how to best facilitate the participation of observers, and the modalities thereto, should be ongoing. Nevertheless, the G-77 and China is pleased that the participation of the UN system in Rule 6(2) is no longer bracketed.

7. Regarding Rule 8 bis, given the provisions of the Agreement relating to cooperation between the Conference of the Parties and the IFBs, the Group is seeking for further clarifications in this context.

8. On the composition of Credentials Committee (Rule 20), the Group is of the view that the best way to ensure clarity and equal opportunities is to allow for nomination of States by themselves.

9. The Group would like to recall its views on the role of Chairs in voting (Rule 26). We look forward to further discussions on whether it is appropriate for Chairs of subsidiary bodies to retain a right to vote, considering the importance of preserving the impartiality of the Chairing role.

10. Regarding the quorum requirements, the Group continues to discuss which quorum requirement would be appropriate in Rule 34. The main point would be safeguard that the COP is in a position to take decisions.

11. Furthermore, voting by regional integration organizations (REIOs) in Rule 44(2), we are thankful that the various options have been reflected in the document, to allow for a fuller discussion during the meeting on whether it would represent all the members who are parties or only those who are present and voting.

12. The Group would like to request clarification on the provisions of Rule 46 with respect to deferment of voting on an advisory opinion from ITLOS since the language of the said rule remains ambiguous on the treatment of proposal related to advisory opinions.

13. On amendments in Rule 60, we now have two options and are studying the merits of both. We are thankful that the unnecessary double majority requirement is no longer reflected.

Dear Co-Chairs,

14. As a general point regarding the works of the Preparatory Commission, given the fact that the G77 and China is still considering various topics and aspects of the draft documents and notes and the works of the Commission, the Group reserves its positions and rights to provide further comments, observations and proposals on matters related thereto including those that have not been addressed in the said documents and notes.

15. However, our member States will go into further detail in this context, and we look forward to the discussions.

I thank you!