Mr. President,

I have the honour to make this intervention on behalf of the Group of 77 and China. We thank the Secretary-General for his report and the useful information provided to State parties under Article 139.

I wish to address my comments to one particular aspect under this Agenda Item; that of the Oceans Compact. We wish to bring to the attention of State Parties' to the Law of the Sea Convention the grave concern of the Group of 77 & China with the Oceans Compact. We recognize that the Oceans Compact is an initiative of the UN Secretary General. Central to the concern of my Group is the fact that the Oceans Compact seeks to deal with issues relating to oceans and seas but which does not properly reflect the interests of member States and the very delicate balance of rights, obligations and interests that we consider should be taken into account as recognized under the UN Convention on the Law of the Sea.

The G77 & China and individual members of the Group had participated actively in the briefings conducted last year where the Chair of the High Level Committee on Programmes, Mr. Achim Steiner, revealed to Member States the contents of the Oceans Compact. At those briefings, including the ones convened this year, the Group highlighted its concerns about the Secretary-General's initiative.

In addition, and in recognition of the fact that the Oceans Compact was proceeding without properly reflecting the Group's concern, a letter was sent to the Secretary-General on behalf of the Group of 77 and China on 14 March this year. In summary, the letter outlined the G77's main concerns with the Oceans Compact as follows:

(i) The initiative cannot in any way be construed as the platform for an action plan for the implementation of the outcome document of Rio plus 20 developed by any other than Member States. Even if the Oceans Compact is conceived primarily as a platform for UN institutional coordination, it would seem to be an initiative that expands beyond the realm of UN System coordination, and hence its ample acceptance by Member States is a requirement for it to succeed;

(ii) The initiative had the appearance of being a policy-making undertaking;

(iii) None of the five experts appointed by the High Level Committee on Programme to draw up the first draft of the Oceans Compact represented developing countries;

(iv) The absence of reference to the competent office on oceans issues in the Secretariat, which is the Division for Ocean Affairs and Law of the Sea (DOALOS);

(v) The lack of clarity about how Member States would be informed and consulted;

(vi) On questions of substance: the content of the Oceans Compact posed several difficulties and concerns such as on the issue of Biodiversity Beyond National Jurisdiction (BBNJ), marine protected areas (MPAs), fisheries subsidies, the expressions "oceans management", "ocean observation", marine spatial planning, eco-certification and "green economy", among others;

(vii) The relationship between the Oceans Compact and the Global Partnership for Oceans of the World Bank;

(viii) The establishment of the "Advisory Group", which was discouraged; and

(ix) The fact that the initiative was not officially launched at the United Nations.

Those concerns, shared also by other States, led us to make a request to the Secretary-General, in General Assembly 67/78 on "Oceans and the Law of the Sea" that the Secretary-General undertakes open and regular consultations with Member States on all aspects of the Oceans Compact.

We remain concerned with the manner in which the Oceans Compact is being progressed, particularly given the clear request by member States under last year's Ocean's omnibus resolution.

The G-77 and China shares the commitment of the Secretary-General regarding the conservation and sustainable use of oceans and their resources. We reiterate our view that such initiatives take account of the relevant provisions of the UN Convention on the Law of the Sea. As the Ocean Compact currently stands, the G-77 and China is not in a position to support it. However, we remain ready to work towards the achievement of our common goal, including addressing the concerns raised with the Oceans Compact in a truly consultative manner.

Thank you.