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Convention on biological diversity -
Declarations
Official EU Journal L 309 , 13/12/1993 p. 0003 - 0020
CONVENTION ON BIOLOGICAL
DIVERSITY
PREAMBLETHE CONTRACTING PARTIES,
CONSCIOUS of the
intrinsic value of biological diversity and of the ecological, genetic,
social, economic, scientific, educational, cultural, recreational and
aesthetic values of biological diversity and its components,
CONSCIOUS
ALSO of the importance of biological diversity for evolution and for
maintaining life sustaining systems of the biosphere,
AFFIRMING that
the conservation of biological diversity is a common concern of
humankind,
REAFFIRMING that States have sovereign rights over their own
biological resources,
REAFFIRMING also that States are responsible for
conserving their biological diversity and for using their biological
resources in a sustainable manner,
CONCERNED that biological diversity
is being significantly reduced by certain human activities,
AWARE of
the general lack of information and knowledge regarding biological
diversity and of the urgent need to develop scientific, technical and
institutional capacities to provide the basic understanding upon which to
plan and implement appropriate measures,
NOTING that it is vital to
anticipate, prevent and attack the causes of significant reduction or loss
of biological diversity at source,
NOTING ALSO that where there is a
threat of significant reduction or loss of biological diversity, lack of
full scientific certainty should not be used as a reason for postponing
measures to avoid or minimize such a threat,
NOTING FURTHER that the
fundamental requirement for the conservation of biological diversity is
the in situ conservation of ecosystems and natural habitats and the
maintenance and recovery of viable populations of species in their natural
surroundings,
NOTING FURTHER that ex situ measures, preferably in the
country of origin, also have an important role to play,
RECOGNIZING the
close and traditional dependence of many indigenous and local communities
embodying traditional lifestyles on biological resources, and the
desirability of sharing equitably benefits arising from the use of
traditional knowledge, innovations and practices relevant to the
conservation of biological diversity and the sustainable use of its
components,
RECOGNIZING ALSO the vital role that women play in the
conservation and sustainable use of biological diversity and affirming the
need for the full participation of women at all levels of policy-making
and implementation for biological diversity conservation,
STRESSING the
importance of, and the need to promote, international, regional and global
cooperation among States and intergovernmental organizations and the
non-governmental sector for the conservation of biological diversity and
the sustainable use of its components,
ACKNOWLEDGING that the provision
of new and additional financial resources and appropriate access to
relevant technologies can be expected to make a substantial difference in
the world's ability to address the loss of biological
diversity,
ACKNOWLEDGING FURTHER that special provision is required to
meet the needs of developing countries, including the provision of new and
additional financial resources and appropriate access to relevant
technologies,
NOTING in this regard the special conditions of the least
developed countries and small island States,
ACKNOWLEDGING that
substantial investments are required to conserve biological diversity and
that there is the expectation of a broad range of environmental, economic
and social benefits from those investments,
RECOGNIZING that economic
and social development and poverty eradication are the first and
overriding priorities of developing countries,
AWARE that conservation
and sustainable use of biological diversity is of critical importance for
meeting the food, health and other needs of the growing world population,
for which purpose access to and sharing of both genetic resources and
technologies are essential,
NOTING that, ultimately, the conservation
and sustainable use of biological diversity will strengthen friendly
relations among States and contribute to peace for humankind,
DESIRING
to enhance and complement existing international arrangements for the
conservation of biological diversity and sustainable use of its
components, and
DETERMINED to conserve and sustainably use biological
diversity for the benefit of present and future generations,
HAVE
AGREED AS FOLLOWS:Article 1
Objectives
The objectives of this
Convention, to be pursued in accordance with its relevant provisions, are
the conservation of biological diversity, the sustainable use of its
components and the fair and equitable sharing of the benefits arising out
of the utilization of genetic resources, including by appropriate access
to genetic resources and by appropriate transfer of relevant technologies,
taking into account all rights over those resources and to technologies,
and by appropriate funding.
Article 2
Use of terms
For the
purposes of this Convention:
'biological diversity` means the
variability among living organisms from all sources including, inter alia,
terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part; this includes diversity within species,
between species and of ecosystems;
'biological resources` includes
genetic resources, organisms or parts thereof, populations, or any other
biotic component of ecosystems with actual or potential use or value for
humanity;
'biotechnology` means any technological application that uses
biological systems, living organisms, or derivatives thereof, to make or
modify products or processes for specific use;
'country of origin of
genetic resources` means the country which possesses those genetic
resources in in situ conditions;
'country providing genetic resources`
means the country supplying genetic resources collected from in situ
sources, including populations of both wild and domesticated species, or
taken from ex situ sources, which may or may not have originated in that
country;
'domesticated or cultivated species` means species in which
the evolutionary process has been influenced by humans to meet their
needs;
'ecosystem` means a dynamic complex of plant, animal and
micro-organism communities and their non-living environment interacting as
a functional unit;
'ex situ conservation` means the conservation of
components of biological diversity outside their natural
habitats;
'genetic material` means any material of plant, animal,
microbial or other origin containing functional units of
heredity;
'genetic resources` means genetic material of actual or
potential value;
'habitat` means the place or type of site where an
organism or population naturally occurs;
'in situ conditions` means
conditions where genetic resources exist within ecosystems and natural
habitats, and, in the case of domesticated or cultivated species, in the
surroundings where they have developed their distinctive
properties;
'in situ conservation` means the conservation of ecosystems
and natural habitats and the maintenance and recovery of viable
populations of species in their natural surroundings and, in the case of
domesticated or cultivated species, in the surroundings where they have
developed their distinctive properties;
'protected area` means a
geographically defined area which is designated or regulated and managed
to achieve specific conservation objectives;
'regional economic
integration organization` means an organization constituted by sovereign
States of a given region, to which its member States have transferred
competence in respect of matters governed by this Convention and which has
been duly authorized, in accordance with its internal procedures, to sign,
ratify, accept, approve or accede to it;
'sustainable use` means the
use of components of biological diversity in a way and at a rate that does
not lead to the long-term decline of biological diversity, thereby
maintaining its potential to meet the needs and aspirations of present and
future generations;
'technology` includes biotechnology.
Article
3
Principle
States have, in accordance with the Charter of the
United Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own environmental
policies, and the responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other
States or of areas beyond the limits of national jurisdiction.
Article
4
Jurisdictional scope
Subject to the rights of other States, and
except as otherwise expressly provided in this Convention, the provisions
of this Convention apply, in relation to each Contracting Party:
(a) in
the case of components of biological diversity, in areas within the limits
of its national jurisdiction; and
(b) in the case of processes and
activities, regardless of where their effects occur, carried out under its
jurisdiction or control, within the area of its national jurisdiction or
beyond the limits of national jurisdiction.
Article
5
Cooperation
Each Contracting Party shall, as far as possible and
as appropriate, cooperate which other Contracting Parties, directly or,
where appropriate through competent international organizations, in
respect of areas beyond national jurisdiction and on other matters of
mutual interest, for the conservation and sustainable use of biological
diversity.
Article 6
General measures for conservation and
sustainable use
Each Contracting Party shall, in accordance with its
particular conditions and capabilities:
(a) develop national
strategies, plans or programmes for the conservation and sustainable use
of biological diversity or adapt for this purpose existing strategies,
plans or programmes which shall reflect, inter alia, the measures set out
in this Convention relevant to the Contracting Party concerned; and
(b)
integrate, as far as possible and as appropriate, the conservation and
sustainable use of biological diversity into relevant sectoral or
cross-sectoral plans, programmes and policies.
Article
7
Identification and monitoring
Each Contracting Party shall, as far
as possible and as appropriate, in particular for the purposes of Articles
8 to 10:
(a) identify components of biological diversity important for
its conservation and sustainable use having regard to the indicative list
of categories set down in Annex I;
(b) monitor, through sampling and
other techniques, the components of biological diversity identified
pursuant to subparagraph (a), paying particular attention to those
requiring urgent conservation measures and those which offer the greatest
potential for sustainable use;
(c) identify processes and categories of
activities which have or are likely to have significant adverse impacts on
the conservation and sustainable use of biological diversity, and monitor
their effects through sampling and other techniques; and
(d) maintain
and organize, by any mechanism data, derived from identification and
monitoring activities pursuant to subparagraphs (a), (b) and (c)
above.
Article 8
In situ conservation
Each Contracting Party
shall, as far as possible and as appropriate:
(a) establish a system of
protected areas or areas where special measures need to be taken to
conserve biological diversity;
(b) develop, where necessary, guidelines
for the selection, establishment and management of protected areas or
areas where special measures need to be taken to conserve biological
diversity;
(c) regulate or manage biological resources important for
the conservation of biological diversity whether within or outside
protected areas, with a view to ensuring their conservation and
sustainable use;
(d) promote the protection of ecosystems, natural
habitats and the maintenance of viable populations of species in natural
surroundings;
(e) promote environmentally sound and sustainable
development in areas adjacent to protected areas with a view to furthering
protection of these areas;
(f) rehabilitate and restore degraded
ecosystems and promote the recovery of threatened species, inter alia,
through the development and implementation of plans or other management
strategies;
(g) establish or maintain means to regulate, manage or
control the risks associated with the use and release of living modified
organisms resulting from biotechnology which are likely to have adverse
environmental impacts that could affect the conservation and sustainable
use of biological diversity, taking also into account the risks to human
health;
(h) prevent the introduction of, control or eradicate those
alien species which threaten ecosystems, habitats or species;
(i)
endeavour to provide the conditions needed for compatibility between
present uses and the conservation of biological diversity and the
sustainable use of its components;
(j) subject to its national
legislation, respect, preserve and maintain knowledge, innovations and
practices of indigenous and local communities embodying traditional
lifestyles relevant for the conservation and sustainable use of biological
diversity and promote their wider application with the approval and
involvement of the holders of such knowledge, innovations and practices
and encourage the equitable sharing of the benefits arising from the
utilization of such knowledge, innovations and practices;
(k) develop
or maintain necessary legislation and/or other regulatory provisions for
the protection of threatened species and populations;
(l) where a
significant adverse effect on biological diversity has been determined
pursuant to Article 7, regulate or manage the relevant processes and
categories of activities; and
(m) cooperate in providing financial and
other support for in situ conservation outlined in subparagraphs (a) to
(l), particularly to developing countries.
Article 9
Ex situ
conservation
Each Contracting Party shall, as far as possible and as
appropriate, and predominantly for the purpose of complementing in situ
measures:
(a) adopt measures for the ex situ conservation of components
of biological diversity, preferably in the country of origin of such
components;
(b) establish and maintain facilities for ex situ
conservation of and research on plants, animals and micro-organisms,
preferably in the country of origin of genetic resources;
(c) adopt
measures for the recovery and rehabilitation of threatened species and for
their reintroduction into their natural habitats under appropriate
conditions;
(d) regulate and manage collection of biological resources
from natural habitats for ex situ conservation purposes so as not to
threaten ecosystems and in situ populations of species, except where
special temporary ex situ measures are required under subparagraph (c);
and
(e) cooperate in providing financial and other support for ex situ
conservation outlined in subparagraphs (a) to (d) and in the establishment
and maintenance of ex situ conservation facilities in developing
countries.
Article 10
Sustainable use of components of biological
diversity
Each Contracting Party shall, as far as possible and as
appropriate:
(a) integrate consideration of the conservation and
sustainable use of biological resources into national
decision-making;
(b) adopt measures relating to the use of biological
resources to avoid or minimize adverse impacts on biological
diversity;
(c) protect and encourage customary use of biological
resources in accordance with traditional cultural practices that are
compatible with conservation or sustainable use requirements;
(d)
support local populations to develop and implement remedial action in
degraded areas where biological diversity has been reduced; and
(e)
encourage cooperation between its governmental authorities and its private
sector in developing methods for sustainable use of biological
resources.
Article 11
Incentive measures
Each Contracting Party
shall, as far as possible and as appropriate, adopt economically and
socially sound measures that act as incentives for the conservation and
sustainable use of components of biological diversity.
Article
12
Research and training
The Contracting Parties, taking into
account the special needs of developing countries, shall:
(a) establish
and maintain programmes for scientific and technical education and
training in measures for the identification, conservation and sustainable
use of biological diversity and its components and provide support for
such education and training for the specific needs of developing
countries;
(b) promote and encourage research which contributes to the
conservation and sustainable use of biological diversity, particularly in
developing countries, inter alia, in accordance with decisions of the
Conference of the Parties taken in consequence of recommendations of the
subsidiary body on scientific, technical and technological advice;
and
(c) in keeping with the provisions of Articles 16, 18 and 20,
promote and cooperate in the use of scientific advances in biological
diversity research in developing methods for conservation and sustainable
use of biological resources.
Article 13
Public education and
awareness
The Contracting Parties shall:
(a) promote and encourage
understanding of the importance of, and the measures required for, the
conservation of biological diversity, as well as its propagation through
media, and the inclusion of these topics in educational programmes;
and
(b) cooperate, as appropriate, with other States and international
organizations in developing educational and public awareness programmes,
with respect to conservation and sustainable use of biological
diversity.
Article 14
Impact assessment and minimizing adverse
impacts
1. Each Contracting Party, as far as possible and as
appropriate, shall:
(a) introduce appropriate procedures requiring
environmental impact assessment of its proposed projects that are likely
to have significant adverse effects on biological diversity with a view to
avoiding or minimizing such effects and, where appropriate, allow for
public participation in such procedures;
(b) introduce appropriate
arrangements to ensure that the environmental consequences of its
programmes and policies that are likely to have significant adverse
impacts on biological diversity are duly taken into account;
(c)
promote, on the basis of reciprocity, notification, exchange of
information and consultation on activities under their jurisdiction or
control which are likely to significantly affect adversely the biological
diversity of other States or areas beyond the limits of national
jurisdiction, by encouraging the conclusion of bilateral, regional or
multilateral arrangements, as appropriate;
(d) in the case of imminent
or grave danger or damage, originating under its jurisdiction or control,
to biological diversity within the area under jurisdiction of other States
or in areas beyond the limits of national jurisdiction, notify immediately
the potentially affected States of such danger or damage, as well as
initiate action to prevent or minimize such danger or damage; and
(e)
promote national arrangements for emergency responses to activities or
events, whether caused naturally or otherwise, which present a grave and
imminent danger to biological diversity and encourage international
cooperation to supplement such national efforts and, where appropriate and
agreed by the States or regional economic integration organizations
concerned, to establish joint contingency plans.
2. The Conference of
the Parties shall examine, on the basis of studies to be carried out, the
issue of liability and redress, including restoration and compensation,
for damage to biological diversity, except where such liability is a
purely internal matter.
Article 15
Access to genetic resources
1.
Recognizing the sovereign rights of States over their natural resources,
the authority to determine access to genetic resources rests with the
national governments and is subject to national legislation.
2. Each
Contracting Party shall endeavour to create conditions to facilitate
access to genetic resources for environmentally sound uses by other
Contracting Parties and not to impose restrictions that run counter to the
objectives of this Convention.
3. For the purpose of this Convention,
the genetic resources being provided by a Contracting Party, as referred
to in this Article and Articles 16 and 19, are only those that are
provided by Contracting Parties that are countries of origin of such
resources or by the Parties that have acquired the genetic resources in
accordance with this Convention.
4. Access, where granted, shall be on
mutually agreed terms and subject to the provisions of this Article.
5.
Access to genetic resources shall be subject to prior informed consent of
the Contracting Party providing such resources, unless otherwise
determined by that Party.
6. Each Contracting Party shall endeavour to
develop and carry out scientific research based on genetic resources
provided by other Contracting Parties with the full participation of, and
where possible in, such Contracting Parties.
7. Each Contracting Party
shall take legislative, administrative or policy measures, as appropriate,
and in accordance with Articles 16 and 19 and, where necessary, through
the financial mechanism established by Articles 20 and 21 with the aim of
sharing in a fair and equitable way the results of research and
development and the benefits arising from the commercial and other
utilization of genetic resources with the Contracting Party providing such
resources. Such sharing shall be upon mutually agreed terms.
Article
16
Access to and transfer of technology
1. Each Contracting Party,
recognizing that technology includes biotechnology, and that both access
to and transfer of technology among Contracting Parties are essential
elements for the attainment of the objectives of this Convention,
undertakes subject to the provisions of this Article to provide and/or
facilitate access for and transfer to other Contracting Parties of
technologies that are relevant to the conservation and sustainable use of
biological diversity or make use of genetic resources and do not cause
significant damage to the environment.
2. Access to and transfer of
technology referred to in paragraph 1 above to developing countries shall
be provided and/or facilitated under fair and most favourable terms,
including on concessional and preferential terms where mutually agreed,
and, where necessary, in accordance with the financial mechanism
established by Articles 20 and 21. In the case of technology subject to
patents and other intellectual property rights, such access and transfer
shall be provided on terms which recognize and are consistent with the
adequate and effective protection of intellectual property rights. The
application of this paragraph shall be consistent with paragraphs 3, 4 and
5.
3. Each Contracting Party shall take legislative, administrative or
policy measures, as appropriate, with the aim that Contracting Parties, in
particular those that are developing countries, which provide genetic
resources are provided access to and transfer of technology which makes
use of those resources, on mutually agreed terms, including technology
protected by patents and other intellectual property rights, where
necessary, through the provisions of Articles 20 and 21 and in accordance
with international law and consistent with paragraphs 4 and 5.
4. Each
Contracting Party shall take legislative, administrative or policy
measures, as appropriate, with the aim that the private sector facilitates
access to joint development and transfer of technology referred to in
paragraph 1 for the benefit of both governmental institutions and the
private sector of developing countries and in this regard shall abide by
the obligations included in paragraphs 1, 2 and 3.
5. The Contracting
Parties, recognizing that patents and other intellectual property rights
may have an influence on the implementation of this Convention, shall
cooperate in this regard subject to national legislation and international
law in order to ensure that such rights are supportive of and do not run
counter to its objectives.
Article 17
Exchange of information
1.
The Contracting Parties shall facilitate the exchange of information, from
all publicly available sources, relevant to the conservation and
sustainable use of biological diversity, taking into account the special
needs of developing countries.
2. Such exchange of information shall
include exchange of results of technical, scientific and socio-economic
research, as well as information on training and surveying programmes,
specialized knowledge, indigenous and traditional knowledge as such and in
combination with the technologies referred to in Article 16 (1). It shall
also, where feasible, include repatriation of information.
Article
18
Technical and scientific cooperation
1. The Contracting Parties
shall promote international technical and scientific cooperation in the
field of conservation and sustainable use of biological diversity, where
necessary, through the appropriate international and national
institutions.
2. Each Contracting Party shall promote technical and
scientific cooperation with other Contracting Parties, in particular
developing countries, in implementing this Convention, inter alia, through
the development and implementation of national policies. In promoting such
cooperation, special attention should be given to the development and
strengthening of national capabilities, by means of human resources
development and institution building.
3. The Conference of the Parties,
at its first meeting, shall determine how to establish a clearing-house
mechanism to promote and facilitate technical and scientific
cooperation.
4. The Contracting Parties shall, in accordance with
national legislation and policies, encourage and develop methods of
cooperation for the development and use of technologies, including
indigenous and traditional technologies, in pursuance of the objectives of
this Convention. For this purpose, the Contracting Parties shall also
promote cooperation in the training of personnel and exchange of
experts.
5. The Contracting Parties shall, subject to mutual agreement,
promote the establishment of joint research programmes and joint ventures
for the development of technologies relevant to the objectives of this
Convention.
Article 19
Handling of biotechnology and distribution of
its benefits
1. Each Contracting Party shall take legislative,
administrative or policy measures, as appropriate, to provide for the
effective participation in biotechnological research activities by those
Contracting Parties, especially developing countries, which provide the
genetic resources for such research, and where feasible in such
Contracting Parties.
2. Each Contracting Party shall take all
practicable measures to promote and advance priority access on a fair and
equitable basis by Contracting Parties, especially developing countries,
to the results and benefits arising from biotechnologies based upon
genetic resources provided by those Contracting Parties. Such access shall
be on mutually agreed terms.
3. The Parties shall consider the need for
and modalities of a protocol setting out appropriate procedures,
including, in particular, advance informed agreement, in the field of the
safe transfer, handling and use of any living modified organism resulting
from biotechnology that may have adverse effect on the conservation and
sustainable use of biological diversity.
4. Each Contracting Party
shall, directly or by requiring any natural or legal person under its
jurisdiction providing the organisms referred to in paragraph 3, provide
any available information about the use and safety regulations required by
that Contracting Party in handling such organisms, as well as any
available information on the potential adverse impact of the specific
organisms concerned to the Contracting Party into which those organisms
are to be introduced.
Article 20
Financial resources
1. Each
Contracting Party undertakes to provide, in accordance with its
capabilities, financial support and incentives in respect of those
national activities which are intended to achieve the objectives of this
Convention, in accordance with its national plans, priorities and
programmes.
2. The developed country Parties shall provide new and
additional financial resources to enable developing country Parties to
meet the agreed full incremental costs to them of implementing measures
which fulfil the obligations of this Convention and to benefit from its
provisions and which costs are agreed between a developing country Party
and the institutional structure referred to in Article 21, in accordance
with policy, strategy, programme priorities and eligibility criteria and
an indicative list of incremental costs established by the Conference of
the Parties. Other Parties, including countries undergoing the process of
transition to a market economy, may voluntarily assume the obligations of
the developed country Parties. For the purpose of this Article, the
Conference of the Parties, shall at its first meeting establish a list of
developed country Parties and other Parties which voluntarily assume the
obligations of the developed country Parties. The Conference of the
Parties shall periodically review and if necessary amend the list.
Contributions from other countries and sources on a voluntary basis would
also be encouraged. The implementation of these commitments shall take
into account the need for adequacy, predictability and timely flow of
funds and the importance of burden-sharing among the contributing Parties
included in the list.
3. The developed country Parties may also
provide, and developing country Parties avail themselves of, financial
resources related to the implementation of this Convention through
bilateral, regional and other multilateral channels.
4. The extent to
which developing country Parties will effectively implement their
commitments under this Convention will depend on the effective
implementation by developed country Parties of their commitments under
this Convention related to financial resources and transfer of technology
and will take fully into account the fact that economic and social
development and eradication of poverty are the first and overriding
priorities of the developing country Parties.
5. The Parties shall take
full account of the specific needs and special situation of least
developed countries in their actions with regard to funding and transfer
of technology.
6. The Contracting Parties shall also take into
consideration the special conditions resulting from the dependence on,
distribution and location of, biological diversity within developing
country Parties, in particular small island States.
7. Consideration
shall also be given to the special situation of developing countries,
including those that are most environmentally vulnerable, such as those
with arid and semi-arid zones, coastal and mountainous areas.
Article
21
Financial mechanism
1. There shall be a mechanism for the
provision of financial resources to developing country Parties for
purposes of this Convention on a grant or concessional basis the essential
elements of which are described in this Article. The mechanism shall
function under the authority and guidance of, and be accountable to, the
Conference of the Parties for purposes of this Convention. The operations
of the mechanism shall be carried out by such institutional structure as
may be decided upon by the Conference of the Parties at its first meeting.
For purposes of this Convention, the Conference of the Parties shall
determine the policy, strategy, programme priorities and eligibility
criteria relating to the access to and utilization of such resources. The
contributions shall be such as to take into account the need for
predictability, adequacy and timely flow of funds referred to in Article
20 in accordance with the amount of resources needed to be decided
periodically by the Conference of the Parties and the importance of
burden-sharing among the contributing Parties included in the list
referred to in Article 20 (2). Voluntary contributions may also be made by
the developed country Parties and by other countries and sources. The
mechanism shall operate within a democratic and transparent system of
governance.
2. Pursuant to the objectives of this Convention, the
Conference of the Parties shall at its first meeting determine the policy,
strategy and programme priorities, as well as detailed criteria and
guidelines for eligibility for access to and utilization of the financial
resources including monitoring and evaluation on a regular basis of such
utilization. The Conference of the Parties shall decide on the
arrangements to give effect to paragraph 1 after consultation with the
institutional structure entrusted with the operation of the financial
mechanism.
3. The Conference of the Parties shall review the
effectiveness of the mechanism established under this Article, including
the criteria and guidelines referred to in paragraph 2, not less than two
years after the entry into force of this Convention and thereafter on a
regular basis. Based on such review, it shall take appropriate action to
improve the effectiveness of the mechanism if necessary.
4. The
Contracting Parties shall consider strengthening existing financial
institutions to provide financial resources for the conservation and
sustainable use of biological diversity.
Article 22
Relationship
with other international conventions
1. The provisions of this
Convention shall not affect the rights and obligations of any Contracting
Party deriving from any existing international agreement, except where the
exercise of those rights and obligations would cause a serious damage or
threat to biological diversity.
2. Contracting Parties shall implement
this Convention with respect to the marine environment consistently with
the rights and obligations of States under the law of the sea.
Article
23
Conference of the Parties
1. A Conference of the Parties is
hereby established. The first meeting of the Conference of the Parties
shall be convened by the Executive Director of the United Nations
Environment Programme not later than one year after the entry into force
of this Convention. Thereafter, ordinary meetings of the Conference of the
Parties shall be held at regular intervals to be determined by the
Conference at its first meeting.
2. Extraordinary meetings of the
Conference of the Parties shall be held at such other times as may be
deemed necessary by the Conference, or at the written request of any
Party, provided that, within six months of the request being communicated
to them by the Secretariat, it is supported by at least one-third of the
Parties.
3. The Conference of the Parties shall by consensus agree upon
and adopt rules of procedure for itself and for any subsidiary body it may
establish, as well as financial rules governing the funding of the
Secretariat. At each ordinary meeting, it shall adopt a budget for the
financial period until the next ordinary meeting.
4. The Conference of
the Parties shall keep under review the implementation of this Convention,
and, for this purpose, shall:
(a) establish the form and the intervals
for transmitting the information to be submitted in accordance with
Article 26 and consider such information as well as reports submitted by
any subsidiary body;
(b) review scientific, technical and technological
advice on biological diversity provided in accordance with Article
25;
(c) consider and adopt, as required, Protocols in accordance with
Article 28;
(d) consider and adopt, as required, in accordance with
Articles 29 and 30, amendments to this Convention and its Annexes;
(e)
consider amendments to any Protocol, as well as to any Annexes thereto,
and, if so decided, recommend their adoption to the parties to the
Protocol concerned;
(f) consider and adopt, as required, in accordance
with Article 30, additional Annexes to this Convention;
(g) establish
such subsidiary bodies; particularly to provide scientific and technical
advice, as are deemed necessary for the implementation of this
Convention;
(h) contact, through the Secretariat, the executive bodies
of conventions dealing with matters covered by this Convention with a view
to establishing appropriate forms of cooperation with them; and
(i)
consider and undertake any additional action that may be required for the
achievement of the purposes of this Convention in the light of experience
gained in its operation.
5. The United Nations, its specialized
agencies and the International Atomic Energy Agency, as well as any State
not Party to this Convention, may be represented as observers at meetings
of the Conference of the Parties. Any other body or agency, whether
governmental or non-governmental, qualified in fields relating to
conservation and sustainable use of biological diversity, which has
informed the Secretariat of its wish to be represented as an observer at a
meeting of the Conference of the Parties, may be admitted unless at least
one-third of the Parties present object. The admission and participation
of observers shall be subject to the rules of procedure adopted by the
Conference of the Parties.
Article 24
Secretariat
1. A
secretariat is hereby established. Its functions shall be:
(a) to
arrange for and service meetings of the Conference of the Parties provided
for in Article 23;
(b) to perform the functions assigned to it by any
Protocol;
(c) to prepare reports on the execution of its functions
under this Convention and present them to the Conference of the
Parties;
(d) to coordinate with other relevant international bodies
and, in particular to enter into such administrative and contractual
arrangements as may be required for the effective discharge of its
functions; and
(e) to perform such other functions as may be determined
by the Conference of the Parties.
2. At its first ordinary meeting, the
Conference of the Parties shall designate the secretariat from amongst
those existing competent international organizations which have signified
their willingness to carry out the secretariat functions under this
Convention.
Article 25
Subsidiary body on scientific, technical and
technological advice
1. A subsidiary body for the provision of
scientific, technical and technological advice is hereby established to
provide the Conference of the Parties and, as appropriate, its other
subsidiary bodies with timely advice relating to the implementation of
this Convention. This body shall be open to participation by all Parties
and shall be multidisciplinary. It shall comprise government
represantatives competent in the relevant field of expertise. It shall
report regularly to the Conference of the Parties on all aspects of its
work.
2. Under the authority of and in accordance with guidelines laid
down by the Conference of the Parties, and upon its request, this body
shall:
(a) provide scientific and technical assessments of the status
of biological diversity;
(b) prepare scientific and technical
assessments of the effects of types of measures taken in accordance with
the provisions of this Convention;
(c) identify innovative, efficient
and state-of-the-art technologies and know-how relating to the
conservation and sustainable use of biological diversity and advise on the
ways and means of promoting development and/or transferring such
technologies;
(d) provide advice on scientific programmes and
international cooperation in research and development related to
conservation and sustainable use of biological diversity; and
(e)
respond to scientific, technical, technological and methodological
questions that the Conference of the Parties and its subsidiary bodies may
put to the body.
3. The functions, terms of reference, organization and
operation of this body may be further elaborated by the Conference of the
Parties.
Article 26
Reports
Each Contracting Party shall, at
intervals to be determined by the Conference of the Parties, present to
the Conference of the Parties, reports on measures which it has taken for
the implementation of the provisions of this Convention and their
effectiveness in meeting the objectives of this Convention.
Article
27
Settlement of disputes
1. In the event of a dispute between
Contracting Parties concerning the interpretation or application of this
Convention, the parties concerned shall seek solution by
negotiation.
2. If the parties concerned cannot reach agreement by
negotiation, they may jointly seek the good offices of, or request
mediation by, a third party.
3. When ratifying, accepting, approving or
acceding to this Convention, or at any time thereafter, a State or
regional economic integration organization may declare in writing to the
depositary that for a dispute not resolved in accordance with paragraph 1
or 2, it accepts one or both of the following means of dispute settlement
as compulsory:
(a) arbitration in accordance with the procedure laid
down in Part 1 of Annex II;
(b) submission of the dispute to the
International Court of Justice.
4. If the parties to the dispute have
not, in accordance with paragraph 3, accepted the same or any procedure,
the dispute shall be submitted to conciliation in accordance with Part 2
of Annex II unless the Parties otherwise agree.
5. The provisions of
this Article shall apply with respect to any protocol except as otherwise
provided in the Protocol concerned.
Article 28
Adoption of
Protocols
1. The Contracting Parties shall cooperate in the formulation
and adoption of Protocols to this Convention.
2. Protocols shall be
adopted at a meeting of the Conference of the Parties.
3. The text of
any proposed Protocol shall be communicated to the Contracting Parties by
the Secretariat at least six months before such a meeting.
Article
29
Amendment of the Convention or Protocols
1. Amendments to this
Convention may be proposed by any Contracting Party. Amendments to any
Protocol may be proposed by any Party to that Protocol.
2. Amendments
to this Convention shall be adopted at a meeting of the Conference of the
Parties. Amendments to any Protocol shall be adopted at a meeting of the
Parties to the Protocol in question. The text of any proposed amendment to
this Convention or to any Protocol, except as may otherwise be provided in
such Protocol, shall be communicated to the Parties to the instrument in
question by the secretariat at least six months before the meeting at
which it is proposed for adoption. The secretariat shall also communicate
proposed amendments to the signatories to this Convention for
information.
3. The Parties shall make every effort to reach agreement
on any proposed amendment to this Convention or to any Protocol by
consensus. If all efforts at consensus have been exhausted, and no
agreement reached, the amendment shall as a last resort be adopted by a
two-thirds majority vote of the Parties to the instrument in question
present and voting at the meeting, and shall be submitted by the
Depositary to all Parties for ratification, acceptance or approval.
4.
Ratification, acceptance or approval of amendments shall be notified to
the Depositary in writing. Amendments adopted in accordance with paragraph
3 shall enter into force among Parties having accepted them on the 90th
day after the deposit of instruments of ratification, acceptance or
approval by at least two-thirds of the Contracting Parties to this
Convention or of the Parties to the Protocol concerned, except as may
otherwise be provided in such Protocol. Thereafter the amendments shall
enter into force for any other Party on the 90th day after that Party
deposits its instrument of ratification, acceptance or approval of the
amendments.
5. For the purposes of this Article, 'Parties present and
voting` means Parties present and casting an affirmative or negative
vote.
Article 30
Adoption and amendment of Annexes
1. The Annexes
to this Convention or to any Protocol shall form an integral part of the
Convention or of such Protocol, as the case may be, and, unless expressly
provided otherwise, a reference to this Convention or its Protocols
constitutes at the same time a reference to any Annexes thereto. Such
Annexes shall be restricted to procedural, scientific, technical and
administrative matters.
2. Except as may be otherwise provided in any
Protocol with respect to its Annexes, the following procedure shall apply
to the proposal, adoption and entry into force of additional Annexes to
this Convention or of Annexes to any Protocol:
(a) Annexes to this
Convention or to any Protocol shall be proposed and adopted according to
the procedure laid down in Article 29;
(b) any Party that is unable to
approve an additional Annex to this Convention or an Annex to any Protocol
to which it is Party shall so notify the Depositary, in writing, within
one year from the date of the communication of the adoption by the
Depositary. The Depositary shall without delay notify all Parties of any
such notification received. A Party may at any time withdraw a previous
declaration of objection and the Annexes shall thereupon enter into force
for that Party subject to subparagraph (c);
(c) on the expiry of one
year from the date of the communication of the adoption by the Depositary,
the Annex shall enter into force for all Parties to this Convention or to
any protocol concerned which have not submitted a notification in
accordance with the provisions of subparagraph (b).
3. The proposal,
adoption and entry into force of amendments to Annexes to this Convention
or to any Protocol shall be subject to the same procedure as for the
proposal, adoption and entry into force of Annexes to the Convention or
Annexes to any Protocol.
4. If an additional Annex or an amendment to
an Annex is related to an amendment to this Convention or to any Protocol,
the additional Annex or amendment shall not enter into force until such
time as the amendment to the Convention or to the Protocol concerned
enters into force.
Article 31
Right to vote
1. Except as provided
for in paragraph 2, each Contracting Party to this Convention or to any
Protocol shall have one vote.
2. Regional economic integration
organizations, in matters within their competence, shall exercise their
right to vote with a number of votes equal to the number of their member
States which are Contracting Parties to this Convention or the relevant
Protocol. Such organizations shall not exercise their right to vote if
their member States exercise theirs, and vice versa.
Article
32
Relationship between this Convention and its Protocols
1. A State
or a regional economic integration organization may not become a Party to
a Protocol unless it is, or becomes at the same time, a Contracting Party
to this Convention.
2. Decisions under any Protocol shall be taken only
by the Parties to the Protocol concerned. Any Contracting Party that has
not ratified, accepted or approved a Protocol may participate as an
observer in any meeting of the Parties to that Protocol.
Article
33
Signature
This Convention shall be open for signature at Rio de
Janeiro by all States and any regional economic integration organization
from 5 to 14 June 1992, and at the United Nations Headquarters in New York
from 15 June 1992 to 4 June 1993.
Article 34
Ratification,
acceptance or approval
1. This Convention and any Protocol shall be
subject to ratification, acceptance or approval by States and by regional
economic integration organizations. Instruments of ratification,
acceptance or approval shall be deposited with the Depositary.
2. Any
organization referred to in paragraph 1 which becomes a Contracting Party
to this Convention or any Protocol without any of its member States being
a Contracting Party shall be bound by all the obligations under the
Convention or the Protocol, as the case may be. In the case of such
organizations, one or more of whose member States is a Contracting Party
to this Convention or relevant Protocol, the organization and its member
States shall decide on their respective responsibilities for the
performance of their obligations under the Convention or Protocol, as the
case may be. In such cases, the organization and the member States shall
not be entitled to exercise rights under the Convention or relevant
Protocol concurrently.
3. In their instruments of ratification,
acceptance or approval, the organizations referred to in paragraph 1 shall
declare the extent of their competence with respect to the matters
governed by the Convention or the relevant Protocol. These organizations
shall also inform the Depositary of any relevant modification in the
extent of their competence.
Article 35
Accession
1. This
Convention and any Protocol shall be open for accession by States and by
regional economic integration organizations from the date on which the
Convention or the Protocol concerned is closed for signature. The
instruments of accession shall be deposited with the Depositary.
2. In
their instruments of accession, the organizations referred to in paragraph
1 shall declare the extent of their competence with respect to the matters
governed by the Convention or the relevant Protocol. These organizations
shall also inform the Depositary of any relevant modification in the
extent of their competence.
3. The provisions of Article 34 (2) shall
apply to regional economic integration organizations which accede to this
Convention or any Protocol.
Article 36
Entry into force
1. This
Convention shall enter into force on the 90th day after the date of
deposit of the 30th instrument of ratification, acceptance, approval or
accession.
2. Any Protocol shall enter into force on the 90th day after
the date of deposit of the number of instruments of ratification,
acceptance, approval or accession, specified in that Protocol, has been
deposited.
3. For each Contracting Party which ratifies, accepts or
approves this Convention or accedes thereto after the deposit of the 30th
instrument of ratification, acceptance, approval or accession, it shall
enter into force on the 90th day after the date of deposit by such
Contracting Party of its instrument of ratification, acceptance, approval
or accession.
4. Any Protocol, except as otherwise provided in such
Protocol, shall enter into force for a Contracting Party that ratifies,
accepts or approves that Protocol or accedes thereto after its entry into
force pursuant to paragraph 2, on the 90th day after the date on which
that Contracting Party deposits its instrument of ratification,
acceptance, approval or accession, or on the date on which this Convention
enters into force for that Contracting Party, whichever shall be the
later.
5. For the purposes of paragraphs 1 and 2, any instrument
deposited by a regional economic integration organization shall not be
counted as additional to those deposited by member States of such
organization.
Article 37
Reservations
No reservations may be made
to this Convention.
Article 38
Withdrawals
1. At any time after
two years from the date on which this Convention has entered into force
for a Contracting Party, that Contracting Party may withdraw from the
Convention by giving written notification to the Depositary.
2. Any
such withdrawal shall take place upon expiry of one year after the date of
its receipt by the Depositary, or on such later date as may be specified
in the notification of the withdrawal.
3. Any Contracting Party which
withdraws from this Convention shall be considered as also having
withdrawn from any Protocol to which it is party.
Article
39
Financial interim arrangements
Provided that it has been fully
restructured in accordance with the requirements of Article 21, the Global
Environment Facility of the United Nations Development Programme, the
United Nations Environment Programme and the International Bank for
Reconstruction and Development shall be the institutional structure
referred to in Article 21 on an interim basis, for the period between the
entry into force of this Convention and the first meeting of the
Conference of the Parties or until the Conference of the Parties decides
which institutional structure will be designated in accordance with
Article 21.
Article 40
Secretariat interim arrangements
The
secretariat to be provided by the Executive Director of the United Nations
Environment Programme shall be the secretariat referred to in Article 24
(2) on an interim basis for the period between the entry into force of
this Convention and the first meeting of the Conference of the
Parties.
Article 41
Depositary
The Secretary-General of the
United Nations shall assume the functions of Depositary of this Convention
and any Protocols.
Article 42
Authentic texts
The original of
this Convention, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
In witness whereof the
undersigned, being duly authorized to that effect, have signed this
Convention.
Done at Rio de Janeiro on this fifth day of June, one
thousand nine hundred and ninety-two.
ANNEX I
IDENTIFICATION AND
MONITORING
1. Ecosystems and habitats: containing high diversity, large
numbers of endemic or threatened species, or wilderness; required by
migratory species; of social, economic, cultural or scientific importance;
or, which are representative, unique or associated with key evolutionary
or other biological processes;
2. species and communities which are:
threatened; wild relatives of domesticated or cultivated species; of
medicinal, agricultural or other economic value; or social, scientific or
cultural importance; of importance for research into the conservation and
sustainable use of biological diversity, such as indicator species;
and
3. described genomes and genes of social, scientific or economic
importance.
ANNEX II
PART 1
Arbitration
Article 1
The
claimant party shall notify the secretariat that the parties are referring
a dispute to arbitration pursuant to Article 27. The notification shall
state the subject-matter of arbitration and include, in particular, the
Articles of the Convention or the Protocol, the interpretation or
application of which is at issue. If the parties do not agree on the
subject matter of the dispute before the president of the tribunal is
designated, the arbitral tribunal shall determine the subject matter. The
secretariat shall forward the information thus received to all Contracting
Parties to this Convention or to the Protocol concerned.
Article
2
1. In disputes between two parties, the arbitral tribunal shall
consist of three members. Each of the parties to the dispute shall appoint
an arbitrator and the two arbitrators so appointed shall designate by
common agreement the third arbitrator who shall be the president of the
tribunal. The latter shall not be a national of one of the parties to the
dispute, nor have his or her usual place of residence in the territory of
one of these parties, nor be employed by any of them, nor have dealt with
the case in any other capacity.
2. In disputes between more than two
parties, parties in the same interest shall appoint one arbitrator jointly
by agreement.
3. Any vacancy shall be filled in the manner prescribed
for the initial appointment.
Article 3
1. If the president of the
arbitral tribunal has not been designated within two months of the
appointment of the second arbitrator, the Secretary-General of the United
Nations shall, at the request of a party, designate the president within a
further two-month period.
2. If one of the parties to the dispute does
not appoint an arbitrator within two months of receipt of the request, the
other party may inform the Secretary-General who shall make the
designation within a further two-month period.
Article 4
The
arbitral tribunal shall render its decisions in accordance with the
provisions of this Convention, any protocols concerned, and international
law.
Article 5
Unless the parties to the dispute otherwise agree,
the arbitral tribunal shall determine its own rules of
procedure.
Article 6
The arbitral tribunal may, at the request of
one of the parties, recommend essential interim measures of
protection.
Article 7
The parties to the dispute shall facilitate
the work of the arbitral tribunal and, in particular, using all means at
their disposal, shall:
(a) provide it with all relevant documents,
information and facilities; and
(b) enable it, when necessary, to call
witnesses or experts and receive their evidence.
Article 8
The
parties and the arbitrators are under an obligation to protect the
confidentiality of any information they receive in confidence during the
proceedings of the arbitral tribunal.
Article 9
Unless the arbitral
tribunal determines otherwise because of the particular circumstances of
the case, the costs of the tribunal shall be borne by the parties to the
dispute in equal shares. The tribunal shall keep a record of all its
costs, and shall furnish a final statement thereof to the
parties.
Article 10
Any Contracting Party that has an interest of a
legal nature in the subject matter of the dispute which may be affected by
the decision in the case, may intervene in the proceedings with the
consent of the tribunal.
Article 11
The tribunal may hear and
determine counterclaims arising directly out of the subject matter of the
dispute.
Article 12
Decisions both on procedure and substance of the
arbitral tribunal shall be taken by a majority vote of its
members.
Article 13
If one of the parties to the dispute does not
appear before the arbitral tribunal or fails to defend its case, the other
party may request the tribunal to continue the proceedings and to make its
award. Absence of a party or a failure of a party to defend its case shall
not constitute a bar to the proceedings. Before rendering its final
decision, the arbitral tribunal must satisfy itself that the claim is well
founded in fact and law.
Article 14
The tribunal shall render its
final decision within five months of the date on which it is fully
constituted unless it finds it necessary to extend the time limit for a
period which should not exceed five more months.
Article 15
The
final decision of the arbitral tribunal shall be confined to the subject
matter of the dispute and shall state the reasons on which it is based. It
shall contain the names of the members who have participated and the date
of the final decision. Any member of the tribunal may attach a separate or
dissenting opinion to the final decision.
Article 16
The award shall
be binding on the parties to the dispute. It shall be without appeal
unless the parties to the dispute have agreed in advance to an appellate
procedure.
Article 17
Any controversy which may arise between the
parties to the dispute as regards the interpretation or manner of
implementation of the final decision may be submitted by either party for
decision to the arbitral tribunal which rendered it.
PART
2
Conciliation
Article 1
A conciliation commission shall be
created upon the request of one of the parties to the dispute. The
commission shall, unless the parties otherwise agree, be composed of five
members, two appointed by each party concerned and a president chosen
jointly by those members.
Article 2
In disputes between more than
two parties, parties in the same interest shall appoint their members of
the commission jointly by agreement. Where two or more parties have
separate interests or there is a disagreement as to whether they are of
the same interest, they shall appoint their members separately.
Article
3
If any appointments by the parties are not made within two months of
the date of the request to create a conciliation commission, the
Secretary-General of the United Nations shall, if asked to do so by the
party that made the request, make those appointments within a further
two-month period.
Article 4
If a President of the conciliation
commission has not been chosen within two months of the last of the
members of the commission being appointed, the Secretary-General of the
United Nations shall, if asked to do so by a party, designate a President
within a further two-month period.
Article 5
The conciliation
commission shall take its decisions by majority vote of its members. It
shall, unless the parties to the dispute otherwise agree, determine its
own procedure. It shall render a proposal for resolution of the dispute,
which the parties shall consider in good faith.
Article 6
A
disagreement as to whether the conciliation commission has competence
shall be decided by the commission.
ANNEX B
DECLARATION BY
THE EUROPEAN ECONOMIC COMMUNITY IN ACCORDANCE WITH ARTICLE 34 (3) OF THE
CONVENTION ON BIOLOGICAL DIVERSITY
In accordance with the relevant
provisions of the Treaty establishing the European Economic Community, the
Community alongside its Member States has competence to take actions
aiming at the protection of the environment.
In relation to the matters
covered by the Convention, the Community has adopted several legal
instruments, both as part of its environment policy and in the framework
of other sectoral policies, the most relevant of which are listed
below:
- Council Decision 82/72/EEC of 3 December 1981 concerning the
conclusion of the Convention on the conservation of European wildlife and
natural habitats (OJ No L 38, 10. 2. 1982, p. 1),
- Council Decision
82/461/EEC of 24 June 1982 on the conclusion of the Convention on the
conservation of migratory species of wild animals (OJ No L 210, 19. 7.
1982, p. 10),
- Council Regulation (EEC) No 3626/82 of 3 December 1982
on the implementation in the Community of the Convention on international
trade in endangered species of wild fauna and flora (OJ No L 384, 31. 12.
1982, p. 1),
- Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (OJ No L 103, 25. 4. 1979, p. 1),
- Council
Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats
and of wild fauna and flora (OJ No L 206, 22. 7. 1992, p. 7),
- Council
Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment (OJ No L 175, 5. 7.
1985, p. 40),
- Council Regulation (EEC) No 2078/92 of 30 June 1992 on
agricultural production methods compatible with the requirements of the
protection of the environment and the maintenance of the countryside (OJ
No L 215, 30. 7. 1992, p. 85),
- Council Decision 89/625/EEC of 20
November 1989 on a European Programme on Science and Technology for
Environment Protection (STEP) (OJ No L 359, 8. 12. 1989, p. 9),
-
Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a
Community system for fisheries and aquaculture (OJ No L 389, 31. 12. 1992,
p. 1),
- Council Directive 90/219/EEC of 23 April 1990 on the contained
use of genetically modified micro-organisms (OJ No L 117, 8. 5. 1990, p.
1),
- Council Directive 90/220/EEC of 23 April 1990 on the deliberate
release into the environment of genetically modified organisms (OJ No L
117, 8. 5. 1990, p. 15),
- Council Regulation (EEC) No 1973/92 of 21
May 1992 establishing a financial instrument for the environment (LIFE)
(OJ No L 206, 22. 7. 1992, p. 1).
ANNEX C
DECLARATION
MADE ON THE OCCASION OF THE RATIFICATION OF THE CONVENTION OF BIODIVERSITY
Within their respective competence, the European Community and its
Member States wish to reaffirm the importance they attach to transfers of
technology and to biotechnology in order to ensure the conservation and
sustainable use of biological diversity. The compliance with intellectual
property rights constitutes an essential element for the implementation of
policies for technology transfer and co-investment.
For the European
Community and its Member States, transfers of technology and access to
biotechnology, as defined in the text of the Convention on Biological
Diversity, will be carried out in accordance with Article 16 of the said
Convention and in compliance with the principles and rules of protection
of intellectual property, in particular multilateral and bilateral
agreements signed or negotiated by the contracting parties to this
Convention.
The European Community and its Member States will encourage
the use of the financial mechanism established by the Convention to
promote the voluntary transfer of intellectual property rights held by
European operators, in particular as regards the granting of licences,
through normal commercial mechanisms and decisions, while ensuring
adequate and effective protection of property rights.
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