Handbook for the EBSA process

In November 2024, the Conference of the Parties to the CBD adopted new modalities to describe EBSAs and modify the description of EBSAs (as contained in decision 16/16).

The Secretariat has prepared a handbook to facilitate an understanding of the EBSA process, which included step-by-step instructions for the process. This handbook does not have any formal status and is not intended to be a substitute for text contained in decision 16/16. 

You can access the handbook by clicking on the below image.

Some key points regarding the modalities are highlighted here:

Proponents: Who can provide a submission?

In areas beyond national jurisdiction (ABNJ), submissions to modify an existing EBSA or to describe a new EBSA can be made by any State(s), individually or collectively, including through competent intergovernmental organizations. Competent intergovernmental organizations (which are composed of States) can submit a modification or description in ABNJ on behalf of, and with the approval of, their Parties/Member States. This means that submissions must be sent to the Secretariat by the CBD National Focal Point (with respect to States) or by the head of the Secretariat (e.g., Executive Secretary) of competent intergovernmental organizations.

In areas within national jurisdiction, submissions to modify an existing EBSA or describe a new area can only be made by the State within whose jurisdiction the modification or description is proposed. For any submission that includes areas within national jurisdiction, the State that has jurisdiction over this area must consent to and be involved in the submission. This also includes submissions that only partially include areas within national jurisdiction. 

States may choose to collaborate with any other stakeholders that they may deem relevant when developing a submission.

Two pathways for areas within national jurisdiction, and one for areas beyond national jurisdiction

For submissions in areas within national jurisdiction, the EBSA process now offers two pathways. Proponents can choose two possible end points: (i) the EBSA repository or (ii) the EBSA information-sharing mechanism.

• • EBSA repository: For this pathway, submissions must be considered by SBSTTA and COP (i.e., SBSTTA and COP must take a decision on the submission). Descriptions included in the EBSA repository gain the status of a CBD EBSA. 
• • EBSA information-sharing mechanism (ISM): For this pathway, submissions do not need to be considered by SBSTTA and COP. Rather, submissions to be included in the ISM are provided simply for information of SBSTTA and COP, and SBSTTA and COP will not take a decision regarding these submissions. 

For areas beyond national jurisdiction (ABNJ), all submissions must be considered by SBSTTA and COP. The COP will decide whether an EBSA description will be included in the EBSA repository. 

Modifications of EBSA descriptions

EBSA descriptions, which provide scientific and technical information about the features of a specific marine area, may need to be modified or updated as new information becomes available. For example, updates may be needed when new research or data becomes available that may have an impact on the shape of the area or its ranking against the EBSA criteria. Updates may also be needed if incorrect or inaccurate information was used in the original description, if the features described as an EBSA have changed, or if they have shifted location over time. 

In summary, such a modification of an EBSA description may include changes such as:

• • Changes to the textual description of the area
• • Changes to the ranking of the area against the EBSA criteria
• • Change in the location, shape, depth or size of the area
• • Removing the description from the repository or the information-sharing mechanism and moving it to the respective archive

EBSA descriptions may be modified for a number of specific reasons which aim to maintain the scientific and technical aspect of the EBSA process. 

For areas beyond national jurisdiction, modifications may be proposed for any of the following reasons:

• • Newly available or accessible knowledge, including traditional knowledge, innovations and practices of indigenous peoples and local communities, on features associated with the area
• • Change in the ecological or biological features of the area
• • Scientific errors identified in the description

For areas within national jurisdiction, modifications may be proposed (preferably) for the same reasons as for ABNJ, and (possibly) for any other reason deemed valid by the State within whose jurisdiction the modification is proposed.

In all cases, proponents must clearly indicate the reason(s) for the proposed modification in their submission.