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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 2): TERMS OF REFERENCE AND MODALITIES FOR THE OPERATION OF, AND RULES OF PROCEDURE OF, THE SUBSIDIARY BODIES ESTABLISHED UNDER THE AGREEMENT (New York, 18 August 2025) |
Dear Co-Chairs,
1. I have the honor to speak on behalf of the Group of 77 and China. At the outset, we thank you for providing the Matrix on the terms of reference and modalities for the operation of, and rules of procedure for, the subsidiary bodies established under the Agreement, contained in document A/AC.296/2025/INF/3.
2. The Group still considers that form should follow function. We agree that there will be common elements across all the bodies but some may require a specific ruleset. We emphasize again that the rules of procedure of the COP could be applied mutatis mutandis to a particular subsidiary body as a useful fallback, while recognizing that there might need to be bespoke rules of procedure for one or more of those subsidiary bodies. The matrix is helpful as it lets us hone in on where specific rules are required. In response to question one, the group is considering whether the terms of reference for the subsidiary bodies should be dealt with in one unified document or separately. We look to our sub groups and to individual members to explore the utility of either model.
3. We continue to emphasize the following:
a) We stress the importance of modalities and rules to be functional to allow for a smooth and flexible operation of the bodies in a coherent manner;
b) We need to consider the size and composition of each subsidiary body, while taking into account equitable geographical representation and dedicated seats for developing States.
c) Subsidiary bodies will need to be able to interact directly with each other, with States and with subsidiary bodies under other relevant instruments, as well as with the COP; the Secretariat and the Clearing House Mechanism under BBNJ;
d) The interactions taken by subsidiary bodies should be conducted according to the BBNJ Agreement.
e) We are looking into whether it is appropriate or not for the Chair of a subsidiary body to have the right to vote and under what circumstances.
4. We also reiterate that it should be straightforward to adjust rules and modalities to futureproof the work in a flexible way.
5. We look forward to engaging in the discussion on this important item and, as mentioned before, the Member States of the G77 and China will enter into further detail.
Dear Co-Chairs,
6. On the second question we will come back once the discussion turns to the selection process.
I thank you!