BBNJ: Report information as a repository
Find out what repositories must do under the Biodiversity Beyond National Jurisdiction Act 2026.
Before you start
You may find it useful to read:
- Understand the UK requirements for marine genetic resources under the Biodiversity Beyond National Jurisdiction Act 2026
- Report information for a marine genetic resource utilisation project
Understand repository obligations
The Biodiversity Beyond National Jurisdiction Act 2026 sets out obligations for repositories that store marine genetic resources (MGR) of areas beyond national jurisdiction following utilisation.
The purpose of these obligations is to support access to MGR of areas beyond national jurisdiction and contribute to benefit sharing under the BBNJ Agreement.
Understand what a repository is
For the purposes of the Biodiversity Beyond National Jurisdiction Act 2026, a repository is any physical location where MGR of areas beyond national jurisdiction are deposited following utilisation.
Check whether the requirements apply
The obligations apply only to MGR:
- collected after 9 August 2026
- deposited following utilisation
- stored in a repository in the UK
The obligations do not apply to:
- MGR deposited before 9 August 2026
- MGR collected before 9 August 2026 and later deposited after utilisation
Repository obligations apply regardless of whether the MGR were originally collected using a UK craft.
There is also no requirement that MGR of areas beyond national jurisdiction that are utilised in the UK are deposited in the UK. They must be deposited in a publicly accessible repository, but the relevant person in charge of the utilisation project may choose to deposit the MGR in a repository in another country.
Example
A UK-based researcher may utilise MGR collected from areas beyond national jurisdiction during a collection project undertaken from a ship registered in another country.
If those MGR are deposited in a UK repository following utilisation, the repository obligations apply.
Check who must comply
The Biodiversity Beyond National Jurisdiction Act 2026 requires the person who controls the repository to comply with the obligations.
Who controls a repository will depend on the governance arrangements of the institution concerned.
Identify samples
The person who controls the repository must, so far as reasonably practicable, ensure that samples:
- can be identified, in accordance with current international practice, as originating from areas beyond national jurisdiction
- in particular, can be identified by reference to any BBNJ standardised batch identifier associated with the sample
Understand what “reasonably practicable” means
It may not always be possible for a repository to identify a sample by reference to a BBNJ batch identifier.
For example, MGR of areas beyond national jurisdiction may be collected by individuals or institutions using ships registered in a country that is not a party to the BBNJ Agreement, or equipment owned or operated by a national of a country that is not a party to the BBNJ Agreement. Given the international nature of scientific research, it is possible that those MGR will subsequently be utilised in the UK and deposited in a repository in the UK. There will be no BBNJ batch identifier associated with such MGR.
There are exceptions for fishing and fishing-related activities in the Biodiversity Beyond National Jurisdiction Act 2026. If an MGR is collected in the course of fishing or fishing-related activities and subsequently deposited in a repository because it has been utilised in a utilisation project that is not a fishing-related activity, it will not have a BBNJ batch identifier.
Related guidance:
Where sufficient information exists to identify that such samples originate from areas beyond national jurisdiction, the repository should do so even where no BBNJ standardised batch identifier exists.
Understand deposit requirements
Following collection, MGR may be held by an institution but not utilised for many years, or at all. The pre- and post-collection information will provide information about where those MGR are held.
The requirement under the Biodiversity Beyond National Jurisdiction Act 2026 to deposit MGR in a publicly accessible repository only applies if they are utilised in the UK.
The Biodiversity Beyond National Jurisdiction Act 2026 requires the relevant person for a utilisation project utilising MGR to deposit those MGR in a publicly accessible repository in accordance with current international practice.
The collection management policies of UK repositories reflect current international practice. This includes policies on disposal of samples held in a repository. Those policies will apply to MGR of areas beyond national jurisdiction collected after 9 August 2026 and deposited in a UK repository. There is no requirement to keep a sample indefinitely. The repository should record any action taken to destroy a sample in accordance with its collection management policy and by reference to the BBNJ standardised batch identifier if there is one, but there is no requirement to report to the UK BBNJ Focal Point.
Repositories in the UK also share samples with repositories in other countries. This is an important part of international scientific cooperation. With respect to MGR of areas beyond national jurisdiction, it is an example of the non-monetary benefit sharing and international cooperation that is central to Part II of the BBNJ Agreement.
The provisions of the Biodiversity Beyond National Jurisdiction Act 2026 do not prevent this international cooperation. The repository should provide its international partner with any BBNJ batch identifier associated with the sample and record the transfer. There is no requirement to report the transfer to the UK BBNJ Focal Point.
Understand what “publicly accessible” means
“Publicly accessible” does not mean that a sample must be provided to any member of the general public.
The requirement on repositories to provide access to samples under the Biodiversity Beyond National Jurisdiction Act 2026 is limited to access for utilisation.
In line with the objectives of the BBNJ Agreement, it is reasonable for a repository to require personal identification or confirmation of a utilisation project before access is provided.
Provide access to samples
The person who controls the repository must provide access to deposited samples for the purpose of utilisation by another person.
Understand reasonable conditions
Access to samples for utilisation can be made subject to reasonable conditions in accordance with the BBNJ Agreement.
Article 14(4) of the BBNJ Agreement lists the following reasonable conditions:
- the need to preserve the physical integrity of MGR
- the reasonable costs associated with maintaining the repository in which the sample is held
- the reasonable costs associated with providing access to the MGR
- other reasonable conditions in line with the objectives of the Agreement
The objectives of Part II of the BBNJ Agreement include:
- the fair and equitable sharing of benefits arising from activities relating to MGR of areas beyond national jurisdiction for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction
- the building and development of the capacity of Parties, particularly developing States Parties
- the generation of knowledge, scientific understanding and technological innovation
- the development and transfer of marine technology in accordance with the Agreement
Examples of other reasonable conditions include:
- restrictions placed on access by other international agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
- situations where the entire sample will be used or destroyed during the proposed study
- biosecurity concerns around providing access to the sample
- if the sample is required to be sent to another country where the sample weight, fragility and rarity or uniqueness in a collection might preclude this
- if the sample is required to be sent to another country where the postal, customs, or policy procedures in the country to which the sample would be sent are not sufficient to ensure access
- if access is requested by individuals who are known to have previously badly damaged specimens, taken them without authorisation, or failed to comply with the institutional loan requirements
Report access to samples
The person who controls the repository must send a report to the UK BBNJ Focal Point (bbnjfocalpoint@fcdo.gov.uk) stating, so far as reasonably practicable:
-
the number of times access to samples of MGR of areas beyond national jurisdiction collected after 9 August 2026 has been provided for utilisation; and
-
identifying the samples accessed by reference to their BBNJ standardised batch identifier if there is one related to that sample
The reporting requirement is limited to providing information in an aggregate report on the number of times MGR of areas beyond national jurisdiction have been made physically available to another person for utilisation.
Guidance on utilisation is available here:
Understand whether your activity counts as utilisation
The report must identify the samples accessed by reference to their BBNJ standardised batch identifier if there is one related to that MGR.
The report does not need to include access requests for:
- exhibitions
- educational activities
- artistic projects
- other activities that are not utilisation projects
Access to online catalogues does not need to be reported.
What is a sample?
A sample may be a single organism or a collection of organisms in a container.
One BBNJ standardised batch identifier will be applied to all samples collected under the same pre-collection information.
The report should confirm each time any sample is accessed for utilisation.
What is “another person”?
“Another person” may be an individual, institution or entity.
A person includes someone working in the institution that manages the Repository if they request access to a sample that has been deposited with the Repository.
Complete the repository reporting form
Meet reporting deadlines
Reports must be submitted for every relevant 2-year period.
The first reporting period begins on 9 August 2026.
Reports must be sent to the UK BBNJ Focal Point no later than 2 months after the end of the reporting period.
If there has been no access for utilisation during a reporting period, this should still be reported.
The UK BBNJ Focal Point will submit the information to the BBNJ Access and Benefit Sharing Committee.