Section 21 subsection (1) provides that the Marine Works (EIA) Regulations 2007 are amended as set out in Section 21. The amendments are to align those regulations (insofar as they apply to activities in ABNJ requiring a marine licence (or licence variation)) with the EIA processes for activities in ABNJ set out in Part IV of the BBNJ Agreement.
	Section 21 subsection (2)(a) inserts definitions of "area beyond national jurisdiction", "BBNJ activity" and "the Biodiversity Beyond National Jurisdiction Agreement" into Regulation 2(1) of the Marine Works (EIA) Regulations 2007. The definition of "BBNJ activity" means a regulated activity:
that engages the UK’s obligations under Part IV of the Biodiversity Beyond National Jurisdiction Agreement (environmental impact assessments) in respect of an ABNJ, and
which requires a marine licence or the variation of a licence under Part 4 of the Marine and Coastal Access Act 2009.
	Section 21 subsection (2)(b) updates the definition of "regulated activity" in regulation 2(1) to include reference to new paragraph (1ZA). Section 21 subsection 2(c) then inserts paragraph (1ZA) after regulation 2(1) of the Marine Works (EIA) Regulations 2007. Paragraph (1ZA) sets out that where someone applies for a marine licence or a variation to a marine licence for an activity in an ABNJ and the requirement for a licence or variation of a licence depends on the application of the Regulations, the Regulations apply until and unless applying the Regulations would lead to a different outcome. Regulations could be used in future under the Marine and Coastal Access Act 2009 to establish that an activity is exempt from requiring a marine licence if it does not require an EIA under the Marine Works (EIA) Regulations 2007. In this circumstance, Section 21 subsections (2)(b) and (c) would mean that a screening under the Marine Works (EIA) Regulations 2007 could still take place to determine if an EIA is required and consequently if a marine licence is required.
	Section 21 subsection (3) has the effect that an EIA is required under the Marine Works (EIA) Regulations 2007 in relation to a regulated activity if the appropriate authority so determines under the new regulation 8A.
	Section 21 subsection (4) inserts regulation 8A into the Marine Works (EIA) Regulations 2007. Regulation 8A sets out how the appropriate authority, the decision-maker, determines if an EIA is required in relation to a BBNJ activity. An EIA is required in relation to a BBNJ activity if the authority concludes that there are reasonable grounds for believing that the activity may cause substantial pollution of, or significant and harmful changes to, the marine environment. Regard must be had to the criteria set out in Schedule 1 of the Marine Works (EIA) Regulations 2007 and any other matter necessary to give effect to Article 30(1)(b) of the BBNJ Agreement. The terms described in regulation 8A(1)(a) and (b) are as described in the BBNJ Agreement and in particular set out in Article 30(1)(b). The provisions in regulation 8A are also subject to regulations 9 and 9A of the Marine Works (EIA) Regulations 2007 which set out where an EIA is not needed for projects related to national defence and projects carried out in response of a civil emergency.
	Section 21 subsection (5) amends regulation 10 of the Marine Works (EIA) Regulations 2007 which sets out when an appropriate authority, the decision-maker, can defer to another EIA rather than carrying out a new separate assessment. The amendment enables the decision maker to decide that an EIA under regulation 8A is not required where they are satisfied that another person or authority has carried out, is carrying out or will carry out an equivalent assessment in relation to the activity that is subject to regulation 8A. This regulation can be used only where the assessment that has been, is being or will be carried out is sufficient to meet the requirements of the BBNJ Agreement. Regulation 10 is also amended to include the term "or person" when describing who may undertake an equivalent assessment. This is intended to ensure that, where relevant, the decision-maker can defer to authorities or persons in other countries or organisations that may have undertaken an assessment equivalent to the requirements of the BBNJ Agreement. The decision-maker is not obliged to make use of regulation 10(1A) if they are not satisfied that the assessment meets the requirements of the BBNJ Agreement.
	Section 21 subsection (6) amends regulation 11 of the Marine Works (EIA) Regulations 2007 in relation to screening opinions. The amendment ensures a screening opinion is required if the decision-maker considers that the planned activity meets the threshold for a screening in the BBNJ Agreement. The BBNJ Agreement requires a screening to be conducted if the activity being considered has more than a minor or transitory effect on the marine environment, or the effects of the activity are unknown or poorly understood. This threshold for requiring a screening is set out in new paragraph (3A) inserted by Section 21 subsection (6). Currently a screening opinion is only required under the Regulations if the regulator considers that the regulated activity is or may be one in relation to which an EIA is required under regulation 7 or 8.
	Section 21 subsection (6)(b) further amends regulation 11 of the Marine Works (EIA) Regulations 2007 by inserting paragraph (3B) which sets out that where the decision-maker does not believe the conditions in paragraph (3A) are met, meaning an EIA screening is not required, then the decision-maker must notify the applicant of this conclusion.
	Section 21 subsection (6) also inserts paragraph (3C) into the Marine Works (EIA) Regulations 2007 to explain that the terms used in regulation 11(3A) (a) and (b) have the same meaning that they have in the BBNJ Agreement (in particular Article 30(1) in the BBNJ Agreement).
	Section 21 subsection (7) amends regulation 21A of the Marine Works (EIA) Regulations 2007 to add additional factors for the decision-maker to consider when assessing environmental impact if an application relates to a BBNJ activity. This addition captures the requirements set out in Article 31(1)(b) and (c) of the BBNJ Agreement where these are not already covered in the Marine Works (EIA) Regulations 2007. For example, this will include, where appropriate, any considerations to traditional communities or local populations that may be affected by a planned activity.
	Section 21 subsection (8) amends Schedule 2 (screening opinions) of the Marine Works (EIA) Regulations 2007 to set out additional requirements on the decision-maker when giving a screening opinion which relates to a BBNJ activity.
	Section 21 subsection (9) amends Schedule 3 (information to include in the environmental statement) of the Marine Works (EIA) Regulations 2007 to enable additional information to be required in the licensing application as needed to meet the requirements set out in Article 31(1)(c) of the BBNJ Agreement. This could include, for example, the need to consider the best scientific information and relevant knowledge of traditional communities and local populations.
Part 4 – Environmental Impact Assessments Section 21: Screening and procedure