Dear Co-Chairs,

1. It is an honor to speak on behalf of the Group of 77 and China. Firstly, we would like to thank you for providing document A/AC.296/2026/3, titled Terms of Reference, Modalities, and Rules of Procedure for the Subsidiary Bodies Established under the Agreement.

2. The Group is still considering whether the rules of procedure of the COP should apply mutatis mutandis to the subsidiary bodies. It is the view of the Group that in some cases, additional and customized rules will be essential to address the specific functions that the SBs will be performing. We reiterate the importance of drafting terms of reference that are sufficiently detailed yet flexible enough to accommodate specificities and future developments. In this regard, it is advisable to leave space for the development of more detailed rules at a later stage, ensuring that the framework remains adaptable over time.

3. We welcome cross- cutting language in the co-chairs's document that refers to all subsidiary bodies, while at the same time providing additional language for specific subsidiary bodies.

4. We would like to highlight several key points:

a) Modalities and rules should be practical, enabling the subsidiary bodies to operate smoothly, flexibly, and coherently.
b) The size and composition of each subsidiary body should be carefully considered, taking into account the equitable geographical representation and dedicated seats for particular categories of developing states as reflected in the Agreement. The subgroups and delegations within the G77 and China will speak to their specific preferences in this regard.
c) Subsidiary bodies must be able to interact with each other, with State Parties, and with relevant bodies and organs under other instruments, frameworks, and bodies (IFBs), as well as with the COP, Secretariat, and the BBNJ Clearing-House Mechanism.
d) All such interactions should be conducted in accordance with the provisions of the BBNJ Agreement.
e) Furthermore, the subsidiary bodies should, as appropriate, be equipped to foster cooperation and partnerships that include developing countries, to enhance the sharing of expertise, technology, and resources.

4. As members of the subsidiary bodies will be elected by the COP, we must also take into account the periodicity of COP meetings. Should meetings of the Conference be held biennially at some point, then the years of elected membership would need to be divisible by the number 2.

5. Lastly, we underline the need for rules and modalities that are flexible enough to be adapted in the future, ensuring the process remains dynamic and responsive to evolving needs.

6. The Group of 77 and China looks forward to engaging further on this important topic, confident that an effective subsidiary body structure will be crucial to the successful implementation of the Agreement.

Thank you.