Distinguished Co-Chairs,

1. I have the honor to speak on behalf of the Group of 77 and China. At the outset, I would like to thank the Co-Chairs for providing an aid to discussions and negotiations on the rules of procedure for the Conference of the Parties. The Group is still considering its position on the topic, but we thought it might be helpful to offer an insight into our discussions on the Rules of Procedure. Our members will subsequently go into more detail in their subregional or national capacity.

2. The Group reiterates that the work of the Preparatory Commission is vital to ensuring the entry into force of the BBNJ Agreement; its future implementation; and, perhaps most importantly, ensuring that all the substantive rights and obligations laid out in the Agreement can become a true reality with all due haste.

3. The history of the process of elaboration of the BBNJ Agreement attests to the crucial role of developing countries in the finalization and adoption of the Agreement. The fact that the Agreement as well as relevant resolutions including resolution A/RES/78/272 establishing the present Commission, have paid particular attention to the developing countries should continue to inspire and guide the discussion of the Preparatory Commission. As a general approach and in principle, the Commission should take into account the needs and priorities of developing countries and fully recognize the special circumstances of SIDS and LDCs. Such approach conforms with the provisions of the BBNJ Agreement and its very letter and spirit.

4. The Group thanks all contributors to the voluntary trust fund. The Group encourages further contributions to the Trust Fund to ensure the utmost inclusivity and support for developing countries, and to facilitate the attendance of delegations of these developing countries at the Preparatory Commission. Without the presence of delegations from the Group, the goals of the Commission cannot be fulfilled.

5. The Group reiterates that any and all capacity building and technical assistance activities that are to be provided by the United Nations relating to the entry into force and implementation of the Agreement must be based on and responsive to the needs of developing States, in particular SIDS and LDCs. Member States are best placed to know the most applicable approaches and activities that would best support these goals.

Dear Co-Chairs,

6. On the Rules of Procedure, I would like to mention that the Group is still considering its position on the topic, but we thought it might be helpful to offer an insight into our discussions on the Rules of Procedure. Our members will subsequently go into more detail.

7. To answer the question on whether it is fit for purpose, the feeling in our Group is generally positive. Our main deliverable is for a set of rules that provide clarity on procedure and enable a smooth running of the Conference of Parties. The draft which has been provided largely meets these objectives. Now our work will identify the elements that need to be tweaked to fit the context of the BBNJ agreement. Hence, we would not favor a detailed reading for now, but rather focusing on the few that need attention and we would like to outline the following:

a) Venue of Meetings: On rule 3 regarding where the COP should meet, the BBNJ agreement has already pronounced itself in Article 47(3), to ensure accessibility and participation.
b) Observer Participation: The G77 and China finds it is unusual that rule 6(2) is bracketed. Surely, nobody would question the right of the UN system to participate as an observer. Therefore, the Group is of the view that it should be in line with the general practice and specify the draft rules accordingly. Hence, the Group notes the importance of greater clarity regarding the modalities applicable to observer participation.
c) Applicability of Extraordinary Meetings: The G77 and China is of the opinion that the rules for ordinary meetings should apply mutatis mutandis to extraordinary meetings of the COP. We are still studying on whether rule 2(3) fulfills the requirement. We would appreciate guidance from you in this respect which would inform our internal discussions.
d) Decision making: The Group upholds the decision-making mechanism of the Agreement and the various majority requirements, and also recalls the provision that the COP shall make every effort to adopt decisions and recommendations by consensus.
e) Quorum Requirements: The Group has discussed which quorum requirement would be appropriate in rule 34(2), whether it should be a simple majority or a two-thirds one. The main point would be safeguard that the COP is in a position to take decisions.
f) Amendments to the Rules of Procedure: Similarly, we do not fully understand the double-majority requirement in rule 60 on amending the rules of procedure and it might make sense to simplify it.
g) Voting by Regional Integration Organizations (REIOs): On rule 44(2) we would seek clarity on how voting by a regional economic integration organization would work in practical terms. For example, would it represent all its members that are a party or just the ones present at the meeting?
h) Agenda-Setting and Reports: The Group also notes the need for greater clarity in the provisions related to the setting of the agenda for each meeting, including the role of the Secretariat and the Bureau.
i) Role of Chairs in Voting (Rule 26): Finally, the Group would like to flag this provision for further discussion. In particular, we would welcome clarification on whether it is appropriate for Chairs of subsidiary bodies to retain a right to vote, considering the importance of preserving the impartiality of the Chairing role. We look forward to hearing more views from delegations and guidance from the Co-Chairs on this matter.

Co-Chairs,

8. As a general point regarding the works of the Preparatory Commission, given the fact that the G77 and China is still considering various topics and aspects of the draft notes/documents and the works of the Commission, the Group reserves its positions and rights to provide further comments, observations and proposals on matters related thereto including matters that have not been addressed in the said documents and notes.

9. As mentioned earlier, our member States will go into further detail, and we look forward to the discussions.

I thank you!