Article 12 in Part II of the BBNJ Agreement outlines a process for notification of activities with respect to marine genetic resources (MGR). The treaty text imports assumptions about a lineal idea of collection and utilization of MGR, digital sequence information (DSI) and traditional knowledge of MGR in the context of areas beyond national jurisdiction (ABNJ). The reality will be more complex, particularly given that each country might implement its obligations slightly differently depending on their approaches to retrospectivity (article 10) and their interpretations of the legal triggers for the obligations. It is crucial for the effective implementation of article 12 that scientists and other users of MGR/DSI of ABNJ and policy makers implementing the rules are on the same page about the practical implications of translating the high level diplomatic treaty language into workable rules that support the objectives of Part II, including the ‘generation of knowledge, scientific understanding and technological innovation, including through the development and conduct of marine scientific research’ (article 9).
To explore the implications of this Article in detail, the proposed event will begin with a short presentation from an expert from within the team, who will provide an overview of the collection and utilization notification requirements under Article 12. The presentation will then introduce three designed scenarios of increasing complexity, each presented by a different expert from the perspectives of policy, science, and traditional knowledge. These scenarios will serve as the interactive portion of the side event, each highlighting different challenges and actions from both scientists and policymakers. The more complex scenarios may include:
• The use of MGR and DSI collected or generated prior to the BBNJ agreement coming into force
• Automation in collection, research and development
• Access to and use of traditional knowledge associated with MGR in ABNJ at the time of collection and utilization of MGR.
Following the opening presentation, participants will divide into breakout groups, with a hybrid option available for remote attendees. Three separate tables will be offered, each corresponding to one of the scenarios. Groups will rotate, delving into each scenario to identify potential challenges and solutions from various stakeholder perspectives.
At the end of the event, the outcome of each tables’ collaboration will be summarized, highlighting key points and actionable insights. Within closing remarks, the event will also explore potential collaboration opportunities among stakeholders present to effectively implement Article 12.
The event will be offered in a hybrid format with facilitators and breakout groups both online and in person.