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CONVENTION
ON BIOLOGICAL DIVERSITY
UNITED NATIONS
992
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CONVENTION ONBIOLOGICAL DIVERSITY
P r e a m b l e
T h e Contracting P a r t i e s ,
C o n s c i o u s
of the intrinsic value of b i o l o g i c a l diversityand of the
ecological,
genetic,
s o c i a l
economic, scientific, educational,
cultural,
recreational and aesthetic values of b i o l o g i c a l di versity and its
components.
C o n s c i o u s also of the
importance
of
b i o l o g i c a l diversity for
evolution and f o r maintaining l i f e sustaining systems of the biosphere,
Affirming
that
the
conservation
of b i o l o g i c a l
diversity i s
acommon
concern of humankind,
R e a f f i r m i n g that States have sovereign rig hts over their
own
b i o l o g i c a l
resources.
R e a f f i r m i n g a l s o
that States are responsible
f o r
conserving their
b i o l o g i c a l
diversity and for using their biolog ical
resources
in a
sustainable manner,
C o n c e r n e d
that biologic al diversity
is
being
significantly
reduced
by certain human activities.
Aware
of the gnerai lack of information and knowledge regarding
biological
diversity and of the urgent need to develop sc ientific,
technical andinstitutional capacities toprovide the basic
understanding
upon
which to planand implement appropriate measures,
Noting that it is v i t a l to antici pate, prevent and attack the
causes
of significant reduction or loss of biolog ical diversity at source,
Noting a l s o
that where there is a threat of
significant
reduction or
loss of
b i o l o g i c a l diversity,
l a c k of f u l l
scient ific certainty should
not
be used as a
reason
fo r
postponing measures
to
avoid or minim ize
such
a
threat.
Noting f u r t h e r that the fundamental requirement for the
conservation o f biological
diversity
i s
the
i n - s i t u conservation
of
ecosystems
and
natural habitats
and the
maintenance
and recovery of
viable
populations of species in their natural
surroundings,
Noting f u r t h e r
that
ex-si tu
measures, preferably
in thecountry of
origin, also havean important roletoplay,
R e c o g n i z i n g the close and
traditional
dependence ofmany
indigenous
and l o c a l communities embodying traditional lifest yles on biolo gica l
resources,
and the
d e s i r a b i l i t y
of sharing equitably benefits arising
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from
the use of traditional knowledge,
innovations
and practices r e l e v a n t
to
the
conservation
of
biologi cal diversity
and the
sustainable
use of
i t s components,
Recognizing a i
so
the v i t a l
r o l e
that women play in theconservation
and sustainable use of
b i o l o g i c a l
diversity and affirming the neea for
the f u l l participation of women at all
l e v e l s
of policy-making and
implementationfor biol og ica l diversit y conservation,
S t r e s s i n g 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
b i o l o g i c a l
dive rsit y and the sustainable use of its components,
Acknowledging that
th e
provision
of new and
additional f i n a n c i a l
resources and appropriate access to relevant technologies can beexpected
tomake a substantial difference in the world's a b i l i t y to address the
loss
o f
b i o l o g i c a l diversity,
A c k n o w l e d g i n g f u r t h e r that special provision i s required t o
m e e t
theneeds
of
devel oping countries,
including
th e
provision
of new and
additional financial resources and appropriate access to r e l e v a n t
technologies,
N o t i n g i n t h i s regard t h e s p e c i a l c o n d i t i o n s o f t h e l e as t d e v e l o p e d
countries a n d s m a l l i s l a n d 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 s o c i a l development and poverty
eradication are the f i r s t and overriding priorities of
d e v e l o p i n g
countries,
A w a r e
that conservation andsustainable use of
b i o l o g i c a l d i v e r s i t y
i s
of
c r i t i c a l
importance for meeting th e
food,
health andotherneeds of
thegrowing worl d population , for which purpose access to and sharing of
both genetic resources and technologiesare essential,
N o t i n g that, u l t i m a t e l y the conservation and sustainable use of
b i o l o g i c a l diversity w i l l strengthen frie ndly relations among Statesand
contribute
to peace for
humankind,
D e s i r i n g
to
enhance
and
complement existing international
arrangements
for the conservation of
b i o l o g i c a l
diversity and sustainable
use of its components, and
D e t e r m i n e d
to
conserve
and
sustainably
u se
biological diversity
for
the benefit of present and future generations.
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Have agreed
as f o l l o w s :
A r t i c l e I O b j e c t i v e s
The
objectives
of
this Convention,
to be
pursued
in
accordance
w i t h
i t s
relevant provisions,
are the
conservation
of
b i o l o g i c a l diversity.
the sustainable use of its components and the fair and equ ita ble sharing
of
the benefits arising out of the uti liza tio n of genetic resources,
i n c l u d i n g
by appropriate
access
to genetic
resources
and by appropriate
transfer of relevant technologies, taking
i n t o account
all rights over
those
resources
and to
technologies,
and by
appropriate funding.
AT
t i c I
e 2 . U s e o f T e r m s
For th e
purposes
of t his Convention:
B i o l o g i c a l d i v e r s i t y
means the
v a r i a b i l i t y among
l i v i n g organisms from
a l l sources
including,
i n t e r a l i a , t e r r e s t r i a l
marineand other aquatic
ecosystems and the eco log ical complexesof which they
are
part:
t h i s
i n c l u d e s
divers ity with in species, between species and of ecosystems.
B i o l o g i c a l r e s o u r c e s '
includes genetic resources, organisms
or
parts
thereof,
populations, or any other b i o t i c
component
of ecosystems
w i t h
actual
or
potential
use or value for humanity.
B i o t e c h n o l o g y means
any technological application that
uses
b i o l o g i c a l
systems,
l i v i n g
organisms, or derivatives thereof, to make or modify
products or
processes
forspecific use.
C o u n t r y o f origin o f genetic r e s o u r c e s means t h e
country whi ch
possesses those genetic resources
i n i n - s i t u
conditions.
C o u n t r y providing g e n e t i c r e s o u r c e s '
means thecountry supplying genetic
resources col lec ted from
i n ~ s i t u sources,
includ ing populations
of
both
w i l d and domesticated species, ortaken from
e x - s i
tusources, w h i c h may
or may not
have originated
i n
that
country.
D o m e s t i c a t e d o r c u l t i v a t e d s p e c i e s '
means
species
i n
which
t h e
evolutionary
process has
been influenced
by humans to
meet their
needs.
E c o s y s t e m
means
a dynamic complex of plant , animal and micro-organism
communities
and
their non-living environment interacting
as a
functional
unit.
E x - s i t u c o n s e r v a t i o n
means the conservation ofcomponents of b i o l o g i c a l
diversity outside their natural habitats.
G e n e t i c m a t e r i a l means a n y m a t e r i a l o f p l a n t a n i m a l m i c r o b i a l o r
other or ig in containing functional units
of
heredity.
G e n e t i c r e s o u r c e s
means
genetic
m a t e r i a l
o f
actual
o r
p o t e n t i a l
v a l u e .
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' H a b i t a t means the place
or
type of site where an organism orpopulation
naturally
occurs.
In-situ conditions' means
- o n d i t i o n s
where genetic resources
e x i s t
wi thi n
ecosystems and natural habita ts, and. in thecase of domesticated
or cultivated species, in thesurroundings where they have developed
their distinct ive 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 the ir
distinctive
properties.
Protected
a r e a means a geographically defined
area
which is designated
or
regulated and managed to achieve specific conservation objectives.
Regional
economic
i n t e g r a t i o n 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 t h i s
Conventionand which has been du ly authorized, in accordance
w i t h
i t s
internal procedures, to sign, rati fy, accept, approve oraccede to it.
Sustainable
use
means
the use of
components
of biological diversity
i n
a way and at a
rate
that does not leadto the long-term decline of
biological diversity, thereby maintaining its potential to meet theneeds
and aspirations of present and future generations.
T e c h n o l o g y
includes
biotechnology.
Article 3. Principle
States have, in
accordance
with t he
Charter
of the United Nations
and the principles of international law, the
sovereign
right to exploit
theirown resources
pursuant
to theirown environmental p o l i c i e s and the
responsibility
to
ensure that activities within their jurisdiction
or
control do not
cause damage
to the
e nvironment
of
other States
or of
areas
beyond
the
l i m i t s
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 relationto each Contracting Party:
(a) In the
case
of
components
of
biological diversity,
in
areas
within the
l i m i t s
of its national jurisdiction; and
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(b) In the
case
of
processes
and
a c t i v i t i e s regardless
of
where
t h e i r
effects occur, carried out under it s jurisdiction or control,
within the
area
of its
national jurisdiction
or
beyond
th e l i m i t s of
national jurisdiction.
Article 5 .
C o o p e r a t i o n
Each Contracting Party s h a l l as far as possible and as appropriate,
cooperate
with
other Contracting
Parties,
dir ect ly or. where
appropriate,
through competent international organizations, in respect ofareas beyond
national jurisdiction and on other matters of mutual interest,
for
the
conservation
and
sustainable
use of
b i o l o g i c a l
diversity.
A r t i c l e
6 .
G e n e r a l Measures f o r
C o n s e r v a t i o n
a n d
S u s t a i n a b l e
U s e
Each Contracting Party s h a l l in accordance with its particular
conditions and c a p a b i l i t i e s :
(a) Develop national strategies, plans or programmes for the
conservation
and
sustainable
use of
b i o l o g i c a l diversity
or
adapt
for
t h i s purpose existing strategies, plans
or
programmes which s h a l l
reflect, i n t e r a l i a , th emeasures 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
b i o l o g i c a l
divers ity into relevant
sectoral or cross-sectoral plans , programmes and poli cie s.
A r t i c l e 7 . I d e n t i f i c a t i o n a n d M o n i t o r i n g
Each Contracting Party s h a l l as far as possible and as
appropriate,
i n
particular for thepurposes of Articles 8 to 10:
(a) Identifycomponents of bio log ica l diversity important for its
conservation and sustainable use having regard to the indicat ive
l i s t
of
categories
set
down
in
Annex I:
(b) Monitor, through
sampling
and other techniques, thecomponents
of
biological diversity identified pursuant to subparagraph (a) above,
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 l i k e l y to have significant adverse impacts on the conservation and
sustainable use of biolog ical diversity , and monitor their effects
through
sampling
and other techniques; and
(d)
Maintain
and
organize,
by any
mechanism data, derived from
identification and monitoring act ivit ies pursuant to subparagraphs (a),
(b) and (c)
above.
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Article
8 .
I n - s i t u C o n s e r v a t i o n
Each Contracting Party
s h a l l
asfar as possible and as appropriate:
(a) Establish a system of protected areas or areas where s p e c i a l
measures need to be taken to conserve
b i o l o g i c a l
diversity:
(b) Develop, where necessary, guidel ines for the selection,
establishmentand
management
of
protected areas
or
areas where special
measures need to be taken to conserve
b i o l o g i c a l
diversity:
(c) Regulate or
manage b i o l o g i c a l
resources important
for
th e
conservation of
biological
diver sity whether
within
or outside protected
areas,
w i t h
a
view
to ensuring the ir conservation and sustaina ble
use;
(d) Promote the protection of ecosystems, natural habitat s and the
maintenance of
viable
populationsof species in natural
surroundings:
(e) Promote environmentally sound and sustainable d evelopment i n
areas adjacent to protected areas w i t h a
view
to furthering protection of
these
areas:
(f) Rehabilitate and restore degraded ecosystems and promote the
recovery of threatened species,
i n t e r
a l i a ,
through th edevelopment and
implementationof plans or other management strategies:
(g)
Establish
or maintain means to regulat e, manage or control the
risks
associated wi th
the use and
release
o f l i v i n g
mod ifi ed organisms
resulting from biotechnology whic h
are
l i k e l y
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 a l i e n
species whi ch threaten ecosystems, habitatsor species:
(i)
Endeavour to provide the conditions needed for
c o m p a t i b i l i t y
between present uses
and the
conservation
of biological
diversity
and the
sustainable use of its
components:
(j) Subject to its
national
l e g i s l a t i o n respect, preserve and
mainta in knowledge, innovations and practices of indigenous and l o c a l
communities embodying t raditio nal
l i f e s t y l e s
relevant for the
conservation and sustainable use of
b i o l o g i c a l
diversit y and promote
their
wider application
with
theapprovaland involvement of theholders
of
such
knowledge,
innovations and practices and encourage the eq uit abl e
sharing
of the
benefits arising from
the u t i l i z a t i o n of
such knowledge,
innovations and practice s:
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(k) Develop or maint ain necessary
l e g i s l a t i o n
and/or other
regulatory provisions for the protection of threatened species and
populations:
(1)
Where
a
significant adverse effect
on b i o l o g i c a l
diversity
has
been determ ined pursuant to A r t i c l e 7, regulate ormanage therelevant
processes and categ ories of
a c t i v i t i e s :
and
(m) Cooperate
in
providing financial
and
other support
fo r
i n - s i t u
conservation
o u t l i n e d
in
subparagraphs
(a) to (1)above,
p a r t i c u l a r l y
to
developing countries.
A r t i c l e 9 .
E x - s i
t u C o n s e r v a t i o n
Each Contracting Party s h a l l as far as possible and as
appropriate,
and predominantly for the purpose of complementing i n - s i t u measures:
(a)
Adopt measures
for the
e x - s i tu conservation
of
components
of
b i o l o g i c a l d i v e r s i t y preferably
in tne
country
of
origin
of
such
components
:
(b) Establish andmaintain f a c i l i t i e s
for
e x - s i t u
conservation of
and research onplants, animals and
micro-organisms,
preferably in the
country
of
origin
of
geneti c resources:
(c) Adopt measures for the recovery and
rehabilitation
of
threatened species and for their
reintroduction
into
t h e i r
natural
habitat s under appropriate conditions;
(d)
Regulate
and
manage
c o l l e c t i o n of b i o l o g i c a l
resources from
natural habitats for e x - s i t u conservation purposes so as not to threaten
ecosystems and i n - s i t u
populations
of
species, except where special
temporary
e x - s i
tu measures
are
required under subparagraph
(c)
above:
and
(e) Cooperate in provi ding financi al and other support for e x - s i t u
conservation
o u t l i n e d in
subparagraphs
(a) to (d)
above
and in the
establishment
and
maintenance
of
e x - s i t u
conservation
f a c i l i t i e s
in
developing
countries.
A r t i c l e 1 0 . S u s t a i n a b l e U s e o f
C o m p o n e n t s
o f B i o l o g i c a l
D i v e r s i t y
Each
Contracting Party s h a l l as far as possi ble and as appropriate:
(a)
Integrate consideration
of the conservation and
sustainable
use
of
b i o l o g i c a l
resources
i n t o
national decision-making;
(b) Adopt measures
r e l a t i n g
to the use of
b i o l o g i c a l
resources to
avoidor m i n i m i z e adverse impactson b i o l o g i c a l diversity;
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c
Protect encourage customary use of biological resources i n
accordance wi th traditional
cultural
practices that
are
compatible with
conservation or sustainable use requirements;
(d) Support
l o c a l
populations to develop and implement remedial
action indegraded areas where b i o l o g i c a l diversity ha sbeen reduced;
and
e Encouragecooperation between i t s governmental authoriti es and
i t s private sector
in
develo ping methods for sustainable
use of
biological resources.
. A r t i c l e
1 1 . I n c e n
t i v e Measures
Each
Contracting
Party s h a l l ,
as far as
possible
and as
appropriate,
adopt economi call y and
socially
sound measures that act as incentives for
the
conservation
and
sustainable
use of
components
of biological
diversity.
A r t i c l e
1 2 . R e s e a r c h a n d T r a i n i n g
The Contracting Parties, taking intoaccount thespecial needs of
developing
countries, s h a l l :
(a) Establish and mainta in programmes for scienti fic and technical
education and training in
measures
for the identifi cation, conservation
and sustainable use of biological dive rsi ty and its components and
provi de support for such education
and
training
for the
specifi c needs
of
developing countries:
(b) Promote and encourage research whi ch contributes to the
conservation and sustainable use of bi olo gica l diversity, particul arly in
developing countries,
i n t e r
alia in accordance with decisionsof the
Conference of the Parties taken inconsequence of
recommendations
of the
Subsidiary Body on Scientific, Technical and Technological Advice: and
(c) In keeping wi th the provisions of Art ic le s 1 6 . 13 and 20.
promote and cooperate in the use of
scientific
advances i n b i o l o g i c a l
diversity
research
in
developi ng methods
for
conservation
and
sustainable
use of bi ological
resources.
A r t i c l e
1 3 . P u b l i c E d u c a t i o n a n d A w a r e n e s s
T h e Contracting Parties s h a l l :
(a) Promote andencourage understandingof the importance of. and
themeasures required for,
the
conservation
of
biological diversity,
as
w e l l as itspropagation through medi a, and the inclusionofthese topics
i n
educational programmes; and
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(b) Cooperate, as
appropriate,
with other States and international
organizations
in developing educational and
p u b l i c
awareness
programmes,
with
respect
to
conservation
and
sustainable
use of b i o l o g i c a l
diversity.
Article
1 4 . I m p a c t A s s e s s m e n t a n d Minimizing
Adverse
I m p a c t s
1 . Each Contracting Party, as far as possible and as appropriate,
s h a i 1
:
(a) Introduce appropriat e procedures requ irin g environm ental impact
assessment
of its
proposed projects that are
l i k e i y
to
have significant
adverse eff ects
on
b i o l o g i c a l diversity with
a
view
to
avoiding
or
m i n i m i z i n g such effects and, where appropriate. a l l o w
for p u b l i c
participation i n
such procedures;
(b) Introduce appropriate arrangements to ensure that the
environmental
consequences
of its
programmes
and
policiesthat
are l i k e l y
t o have significantadverse impacts
on b i o l o g i c a l
diversity
are d u l y
taken i n t o account:
(c)
Promote,
on the
basis
of
reciprocity, notification,exchange
n f
information and
consultation
on
a c t i v i t i e s under t h e i r jurisdiction
or
control which are l i k e l y to s i g n i f i c a n t l y affect
adversely
the b i o l o g i c a l
diversity of
other States
or
areas beyond
the
l i m i t s
of
national
jurisdiction, by
encouraging
the
conclusion
of
b i l a t e r a l regional
or
m u l t i l a t e r a l arrangements,
as
appropriate;
(d) In the case of imminentor grave danger ordamage, origin ating
under i t s jurisdiction or control, to
b i o l o g i c a l
diversity within th e
area under jurisdiction
of
other States
or in
areas beyond
the
l i m i t s
of
national jurisdiction, notify i m m e d i a t e l y
the
potentiallyaffected States
o f such danger
or
damage,
as
w e l l
as
i n i t i a t e action
to
prevent
or
m i n i m i z e such danger or damage; and
(e) Promote national arrangements
for
emergency responses to
a c t i v i t i e s
or
events, whether caused natu rall y
or otherwise,
which
present a
grave
and i m m i n e n t
danger
to b i o l o g i c a l
diversity
and
encourage
international
cooperation
to
supplement such national efforts and, where
appropriate
and
agreed
by the
States
or
regional economic Integration
organizations concerned, toestablishjoint contingency plans .
2. The Conference of the
Parties s h a l l
examine, on thebasis ofstudies
to be
carried out,
the
issue
of l i a b i l i t y an d redress,
including
restoration andcompensation, for
damage
to
b i o l o g i c a l d i v e r s i t y except
wheresuch l i a b i l i t y
i sa
purely internalmatter.
A r t i c l e
1 5 .
A c c e s s t o Genetic R esources
1 . Recognizing the sovereign rights of States over their natural
resources, the authority todetermineaccess togenetic resources rests
with the
national governments
and
i s
subject
to national
l e g i s l a t i o n .
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2. Each Contract ing Party
s h a l l
endeavour
to
create
renditions to
f a c i l i t a t e access to geneticresources fo r
environmentally
sound uses by
other Contracting Parties and not to impose restri ctions that run counter
to
theobjectivesofthis Convention.
3.
For
the purpose of
t h i s
Convention, the genetic resources being
provided by a Contracting Party,as referred to inthis A r t i c l e and
A r t i c l e s
16 and
1 9 are only those that
ar e
provided
by
Contracting
Parties that are countries of ori gin of such resources or by the Parties
that
have acquired
the
genet ic resources
in
accordance
w i t h t h i s
Convention.
4. Access, where granted, s h a l l be on m u t u a l l y agreed terms and subject
to theprovisionso f this A r t i c l e .
5 . Access
to
geneticresources s h a l l
be
subject
to
prior informed
consent o f the Contracting Party providin g such resources, unless
otherwise determinedbythat
Party.
6. Each Cont racting Party s h a l l endeavour
to
develop
and
carry
ou t
s c i e n t i f i c research based on gene tic resources provided by other
Contracting Parties w i t h the f u l l
participation of,
a nd wherepossible
i n . such Contracting Parties.
7. Each Contracting Party
s h a l l
take l e g i s l a t i v e administrativeor
policymeasures,
as
appropriate,
and in
accordance with Articles
16 and
19 and, where necessary, through the financ ial mechanism establishedby
A r t i c l e s
20 and 21
with
the aim of sharing in a fair and equit able way
the
resultsof research and development and the benefits arising from the
commercial and other
u t i l i z a t i o n
of gene tic resources wit h the
Contracting Party pro vidi ng such resources. Such sharing s h a l l be upon
mutuallyagreed
terms.
A r t i c l e
1 6 . Access t o a n d T r a n s f e r o f
T e c h n o l o g y
1 Each Contracting
Party,
recognizing that technology inc lud es
biotechnology, and that both access to and transfer of technology
among
Contracting Parties
ar e
essential elements
for the
attainment
of the
objectives
of t h i s Convention,
undertakes subject
to the
provisions
of
this A r t i c l e
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
b i o l o g i c a l
diversity or make use of
genetic resources
and do not
cause sig nificant damage
to the
environment.
2. Access to and transfer of technology referred to
i n paragraph
1
above to developing countries s h a l l be providedand/or faci lita ted under
fair
and most favourable terms , incl uding on concessional and
preferential terms where mutually agreed, and, where necessary,
in
accordance
w i t h the
financial
mechanism established by Art icl es 20 and
21. In the
case
of
technology subject
to
patents
and
other i n t e l l e c t u a l
property
r i g h t s
such access and transfer
s h a l l
be provided on terms
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which recognize
and
are consistent with
the
adequate
and
effective
protection of i n t e l l e c t u a l
property rights.
The application of this
paragraph s h a l l be consistent w it h
paragraphs
3,4 and 5 below.
3. Each Contracting Party
s h a l l
take
l e g i s l a t i v e
administrative or
p o l i c y measures, asappropriate, wi th the aimthat Contracting Parties,
i n particu lar 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, includi ng technology
protected by
patents
and
other
i n t e l l e c t u a l
property righ ts, where
necessary, through the provisions of Artic les 20 and 21 and inaccordance
with international law and consistent wit h paragraphs 4 and 5 below.
4.
Each Contracting Party s h a l l take l e g i s l a t i v e administrative or
p o l i c y measures, as appropriate, with the aimthat theprivate sector
facilitates access
to,
joint development
and
transfer
of
technology
referred to in
paragraph
1
above
for the
benefit
of
both governmental
institutions
and the
privat e sector
of
developing countries
and in
this
regard s h a l l abide
by the
obligations included
in
paragraphs 1 .
2 and 3
above.
5 .
The
Contracting
Parties,
recognizing that patents
and
other
i n t e l l e c t u a lproperty rights may have
an
influence on the
implementation
o f t h i s
Convention,
s h a l l
cooperate
in this
regard subject
to
national
l e g i s l a t i o nand
international
law inorder toensure that such rights are
supportiveof and do not run
counter
to itsobjectives.
Article 1 7 . E x c h a n g e o f I n f o r m a t i o n
1 .
The
Contracting Parties
s h a l l
facilitate
th e
exchange
of
information,
from
a l l
p u b l i c l y ava ila bl e sources, relevant to the
conservation
and
sustainable
use of
biological diver sity , taking into
account the special needs of develo ping countries.
2. Such exchange
of
information s h a l l include exchange
of
results
of
technical, s c i e n t i f i c a nd socio-economic research, as
w e l l
as information
on
training
and
surveying
programme s,
specialized knowledge, indigenous
and
t r a d i t i o n a l knowledge
as
such
and in
combination wit h
the
technologies referred to in Article 16, paragraph 1. It s h a l l also,
where
f e a s i b l e includerepatriation
of
information.
A r t i c l e
1 8 . T e c h n i c a l a n d S c i e n t i f i c
C o o p e r a t i o n
1 . The
Contracting Parties s h a l l promote international technical
and
scientific cooperation
in the f i e l d of
conservation
an d
sustainable
use
of b i o l o g i c a l
diversity, where necessary, through
the
appropriate
international and
national
institutions.
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2. Each Contracting Party s h a l l promote technical and scientifi c
cooperation
with
other Contracting Parties, i n particular
developing
countries,
in implementing
this Convention, i n t e r alia through
the
development
and
implementation
of
national polici es.
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 b u i l d i n g .
3. TheConference of the
Parties,
at i t s
first meeting, s h a l l determine
how
to establish a clearinghouse mechanism to promote and
f a c i l i t a t e
technical
and scientific cooperation.
4. The Contracting Parties s h a l l , i n
accordance
w i t h 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 thispurpose, theContracting Parties s h a l l also promote
cooperation in thetrainingof personnel and exchange of experts.
5. The Contracting Parties s h a l l , subjectto
m u t u a l
agreement, promote
the
establishment
of joint researcn programmes and joint ventures for the
development
of technologies relevan t to the objectives of t h i s
Convention.
A r t i c l e 1 9 . H a n d l i n g o f
B i o t e c h n o l o g y
a n d D i s t r i b u t i o n o f
i t s
B e n e f i t s
1.
Each Contracting Party
s h a l l
take l e g i s l a t i v e , administrative or
policy
measures,
as appropriate. to provide for the Affective
participation in
biotechnological
research
activities
D y those
Contracting Parties, especi all y devel opi ng countries, wh ic hprovide the
genetic resources
for
such research,
and
where feasible
i n
such
Contracting
Parties.
2. Each Contracting Party s h a l l take al l practicabl e measures to
promote and advance pri ori ty access on a f a i r and equitablebasis by
Contracting
Parties,
especiallydevelopingcountries, to results and
benefits arising from
biotechnologies
based upon geneti c resources
provided
by
those Contracting Parties. Such
access
s h a l l
be on
m u t u a l l y
agreed terms.
3. The Parties
s h a l l
consider the need for and modal it ie s of a protocol
setting
out
appropriate procedures, inc ludi ng,
in
particular, advance
informed agreement,
in the
f i e l d
of the
safe transfer, handling
and use
of any l i v i n g modified organism result ing from biotechnology that may
have adverse effect on the conservation and sustai nab le use of
b i o l o g i c a l
diversity.
4. Each Contracting Party s h a l l , directlyor by requiring anynatural
or
l e g a l
person under
its
jurisdiction providing
the
organisms referred
to in paragraph 3 above, provi de any
a v a i l a b l e
information about the use
and safety regulations required by that Contracting Party in han dli ng
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such o rganisms, as w e l l as any
a v a i l a b l e
information on the
potential
adverse impact of thespecif ic organisms concerned to the Contracting
Party into whic h those organisms are
to be
introduced.
Article
2 0 . F i n a n c i a l
Resources
1 . Each Contracting Party undertakes
to
provide,
in
accordance with i t s
capabilities, financial support and incentives in respect of those
national activitieswhich are intendedto achieve theobjectives of t h i s
Convention,
in
accordance
wi th
its national plans,
priorities
and
programmes.
2.
Th e
deve loped country Parties
s h a l l
provide
new and additional
financial
resources to enable developing country Parties to meet the
agreed
f u l l
incremental costs to them of implementing measures which
f u l f i l
the obligations of
this
Convention and tobenefit from
i t s
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
a nd
e l i g i b i l i t y
criteria and
an
indicative l i s t
of
incremental costs est ablishe d
by the
Conference
n f
the Parties. Other Parties, including countries undergoingthe process
of transition
to a
market economy,
may
voluntarilyassume
the
obligations
of the dev elo ped country Parties. For thepurpose of
this
A r t i c l e the
Conference
of the
Parties,
s h a l l
at its
first
meeting establish
a
l i s t
o f
developed
country Parties
and
other Parties which volu nta rily assume ihe
obligations
of the
de veloped country Parties.
The
Conference
of the
Parties
s h a l l periodically review and if
necessary
amend the l i s t .
Contributions from other countries and sources on a voluntary basiswould
also
be
encouraged.
The
implementation
of
these commitments s h a l l take
into
account th e need fo r adequacy,
predictability
and t i m e l y
flow
of
funds
and the
importance
of
burden-sharing among
the
contributing Parties
included in the
l i s t .
3.
The
develo ped country Parties
may
also provide,
and
developing
country Parties
avail
themselves of, financial resources relat ed to the
implementation
of this Convention through b i l a t e r a l regional and other
m u l t i l a t e r a l
channels.
4. The
extent
to which developing country
Parties
w i l l
e f f e ct ively
implement
their commitments under thi s Convention w i l l depend on the
effective
implementat
io n by developed
country
Parties of t h e i r
commitments under thi s Convention related
to
financial resources
and
transfer of technology an d w i l l take f u l l y into account thefact that
economic
an d social
development
and
eradication
of
poverty
are the f i r s t
andoverriding priorities of the dev eloping country Parties.
5. The Parties shall take f u l l account of the specific needs and
special situation of leastdeveloped countries in their actions
w i t h
regard to funding and transfer of
technology.
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6. The Contracting Parties s h a l l also take
into
consideration the
special conditionsresulting from
the dependence on, distributionand
locationof.
b i o l o g i c a l diversity wit hi n developing country Parties,
in
particular s m a l l i s l a n d States.
7. Consideration
s h a l l
also be given to the special situation of
developing countries,
i n c l u d i n g
those that are most
environmentally
v u l n e r a b l e such as those wi th aridand semi-aridzones, coastal and
mountainous areas.
A r t i c l e 2 1 . F i n a n c i a ]
M e c h a n i s m
1 . There s h a l l
be a
mechanism
for the
provision
of
financial resources
to devel oping country Parties forpurposes of this Convention on a grant
or concessional basis
the
essential element s
of
which
are
described
in
this
A r t i c l e .
The mechanism s h a l l function under the authority and
guidance of,and beaccountable to. the Conference of the Parties for
purposes of t h i s Convention. The operations of the mechanism s h a l l be
carried out by such i n s t i t u t i o n a l structure as may be decided upon by the
Conference
of the Parties at its f i r s t
meeting.
For
purposes
of t h i s
Convention, the Conference of the Parties s h a l l determine the
p o l i c y
strategy,
programme
p r i o r i t i e s and
e l i g i b i l i t y criteria
r e l a t i n g to the
access to and u t i l i z a t i o n of such resources. The contributions s h a l l be
such as totake
into
account the need for
p r e d i c t a b i l i t y
adequacy and
t i m e l y f l o w of
funds referred
to in A r t i c l e 20 in
accordance
w i t h the
amount
of
resources needed
to be
decided
periodicallyby the Conference
of the Parties and the importance of
burden-sharing
among the
contributing Parties included in the l i s t referred to in A r t i c l e 20 ,
paragraph 2. Voluntary contributions may also be made by the deve loped
country Parties and by other countries and sources. The mechanism s h a l l
operate withina democraticand transparent system of governance.
2. Pursuant to theobjectivesof thi s Convention, theConference of the
Parties s h a l l at its f i r s t meeting determine the
p o l i c y
strategy and
programme p r i o r i t i e s as w e l l asdetailed criteriaand g u i d e l i n e s for
e l i g i b i l i t y for access to and
u t i l i z a t i o n
of the f i n a n c i a l resources
including
monitoring and evaluation on a regular basis of such
utilization.
The Conference of the Parties
s h a l l
decide on the
arrangements to
give
effect toparagraph 1 above after consultation with
the
i n s t i t u t i o na l
structure entrusted wi th the operation of the financial
mechanism.
3. The
Conference
of the
Parties
s h a l l
review
the
effectiveness
of the
mechanism established under
this
A r t i c l e . including the
criteria
and
guidelinesreferred to
i n
paragraph 2 above, not less than two years
after the entry
i n t o
force of this Convention and thereafter on a regular
basis. Based on such rev iew ,
i t : s h a l l
take appropriate action to improve
theeffectivenessof the mechanism if
necessary.
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4. F h e Contracting Parties
s h a l l
consider strengthening e x i s t i n g
financial institutions to provi de finan cial resources for the
conservation and sustai nabl e use of b i o l o g i c a l diversity.
Article
2 2 . Relationship
w i t h
Other
I n t e r n a t i o n a l
Co nve ntio ns
1.
The
provisions
of
this Convention
s h a l l not
affect
the
rights
and obl igat ion s of any Contracting Party deri vi ng from any existi ng
international
agreement,
except where the exerciseof those ri ghts ana
obligations w o u l d cause
a
serious damage
or
threat
to
b i o l o g i c a l
diversity.
2. Contracting Parties s h a l l implement this Convention wi th
respect
to the
marine environment
consistently w i t h the
rights
and
obl igati ons of States under the law of the sea.
A r t i c l e 2 3 . Conference o f t h e Parties
1 .
A
Conference
o f t h e
Parties
i s
hereby established.
T h e
f i r s t
m e e t i n g of theconference of the Parties
s h a l l
be convened by the
Executive Director of the United Nati ons Environment Programme not l a t e r
than one year after the entry into force of this Convention.
Thereafter,
ordinary meetingsof theConference of the Parties
s h a l l
be h e l d at
r e g u l a r i n t e r v a l s to be determined by the Conference at its first
meeting.
2. Extraordinary meeti ngs of the Conference of the Parties
s h a l l
be
h e l d
at such other times as may be deemed necessary by theConference, or
at the
wri tten request
of any
Party, provi ded that, w i t h i n
si x
months
of
the request bei ng communicated to them by the Secretariat, it is
supported by at l e a s t one thi rd of the Parties.
3. The Conference of the Parties s h a l l by consensus agree uponand
adopt r u l e s of procedurefor i t s e l f and for any subsi diary body i t may
e s t a b i i s n . as
\ \
as
financial
r u l e s
governing
the
funding
of
T h e
Secretariat. A t eacn ordina ry meeting, i t s h a l l adopt
a
budget
f o r T h e
f i n a n c i a l period u n t i l t h e next ordinary m e e t i n g ' .
4 . T h e Conference o f t h e Parties
s h a l l
keep under r e v i e w t h e
i m p l e m e n t a t i o n o f t h i s Convention, and, f o r t h i s purpose, s h a l l :
(a)
E s t a b l i s h
the
form
and the
intervals
for
transmitting
the
i n f o r m a t i o n
to be
submitted i n accordance wi th Art ic l e
26 and
consider
sucn information as
w e i i
as reports submitted by any subsidiary body:
(b )
Review scientific, technical
and
technological advice
on
b i o l o g i c a l
diver sit y provided
i n accordance
w i t h
A r t i c l e
25 :
(c)
Consider
ana
adopt,
as
required, protocols
in
accordance
w i t h
A r t i c l e
28:
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(d) Consider and adopt, asrequired, i n accordance
w i t h A r t i c l e s
29
and
30,amendments
to
thi s Convention
and i t s annexes:
(e)
Consider amendments
to any
protocol,
as w e l l as to any
annexes
thereto,
and. if sodecided, recommend
t h e i r
adoptionto the parties to
theprotocol concerned:
(f)
Consider
andadopt,as
required,
in
accordance w i t h A r t i c l e
30.
additional annexes
to
thisConvention:
(g) Establi sh such subsidiary bodies, p a r t i c u l a r l y to provide
scientific and technical advice, as are deemed necessary
for
the
implementation
of t hi s Convention:
(h) Contact, through the Secretariat, the executive
bodies
of
conventions dealing
with
matters covered
by
thi s Convention
w i t h a
v i e w
to
estab li shing appropriate forms
of
cooperation
with
them;
and
(i) Consider and undertake any a d d i t i o n a l action that may be
required
for theachievement of thepurposesof
t h i s
Convention i n the
l i g h t of experience gained in i t s operation.
5. The
U n i t e d N
7
a t i o n s .
its
s p e c i a l i z e d agencies
and the
International
Atomic Energy Agency,as w e l l as anyStatenotParty to thi s Convention,
may 'oe
represented
as
observers
at meetings of the
Conference
of the
Parties.
Any
other body
or
agency, whether governmental
o r
non
governmental,
qualified
i n
f i e l d s r e l a t i n g to conservation and
sustainable use of
b i o l o g i c a l
d i v e r s i t y , which has informed the
Secretariat of itswishto berepresentedas anobserver at ameeting of
t h e Conference of the
Parties,
may beadmitted unless at leastone third
of the Parties present object. Theadmission and participation of
observers
s h a l l
be subject to the r u l e s of procedure adopted by the
Conferenceof theParties.
Article 2 4 .
S e c r e t a r i a t
i .
secretariat i s hereby established. I t s functions s h a l l b e :
(a) To arrange for and service meetingsof theConference of the
Parties provided
f o r
i n Article 2 J 3:
(b) To
perform
the
functi ons assigned
to it by any
protocol:
(c) Toprepare reportson the executionof its functions under this
Convention and present them to theConference of the Parties:
(d) To coordinate wi th other relevant international bodies and, in
particular to
enter
into
suchadministrative
and
contractual arrangements
as may be
required
for the
effective discharge
of its
functions;
and
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(e) To perform such other functionsas may be determined by t h e
Conference
of the
Parties.
2 . A t i t s f i r s t
ordinary mee ting ,
t h e Conference o f t h e
Parties
s h a l l
designat e the secretariat f r o m amongst those existing competent
i n t e r n a t i o n a l
organizations
w n i c h
have signified t h e i r willingness
t o
carry out the secretariat functions under this Convention.
A r t i c l e 2 5 . S u b s i d i a r y
B o d y
o n Scientific. T e c h n i c a l
a n d T e c h n o l o g i c a l
Advice
1 A
subsidia ry body for
t h e p r o v i s i o n o f s c i e n t i f i c
technical
a n d
t e c h n o l o g i c a l
advice
i s
hereby established
to
provide
the Conference of
t h e
Parties and,
as
appropriate,
its
other subsidiary bodies w i t h t i m e i y
advice
r e l a t i n g to the i m p l e m e n t a t i o n of
th is Convention. This
body
s h a l l b e
open
t o
participation
b y a l l
Parties
a n d
s h a l l
b e
m u l t i d i s c i p i i n a r y .
It
s h a l l
comprise
government representatives
competent
i n t h e
relevant
f i e l d o f
expertise.
I t s h a l l
report
r e g u l a r l y
t o
t h e Conference o f t h e Parties o n a i l aspects o f i t s work.
2. Under theauthorityof and in accordance withguidelines l a i d down
b y
th eConference of the Parties, andupon
i t s
request, thi s body s h a l l :
(a) Provide s c i e n t i f i c and t e c h n i c al assessments of the status
o f
b i o l o g i c a l
d i v e r s i t y ;
(b)
Prepare scie nti fic
and
technical
assessments of the
effects
of
types
of
measures taken i n accordance wi th
the
provisions
of t h i s
Convention;
(c)
Identify innovative,
e f f i c i e n t and
state-of-the-art
technologies and know-how
r e l a t i n g
to the
conservation
and sustainable
use
of
b i o l o g i c a l
d i v e r s i t y
an d
a d v i s e
on the
ways
and
means
of
promoting
d e v e l o p m e n t
and/or
t r a n s f e r r i n g
such technologies:
(d) Provide advice on
s c i e n t i f i c
programmes and
i n t e r n a t i o n a l
Cooperation in research and
d e v e l o p m e n t
related to conservation and
s u s t a i n a b l e
use of
b i ol o g i c a l
d i v e r s i t y and
(e)
Respond
to s c i e n t i f i c . technical.
technological
and
m e t h o d o l o g i c a l
questions that th e
Conference
of the Parties and its
subsidiary bodies may put to the body.
3 . The
functions, terms
of
refere nce, organization
and
operation
of
t h i s
body may be further elaborated by the
Conference
of the Parties.
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A r t i c l e 2 6 . R e p o r t s
Each Contracting Party s h a l l
at
intervals
to be
determined
by the
Conference of the
Parties,
present to the Conference of theParties,
reports
on
measures which
it has
taken
for the
implementation
of the
provisions
of
this Convention
and
their effectiveness
in
meeting
th e
objectives of thisConvention.
A r t i c l e27. S e t t l e m e n t of D i s p u t e s
1 . In the
event
of a
disput e between Contracting Partie s concerning
the
interpretation
or
application
of t h i s Convention, thepartie s concerned
s h a l l seek solution
by
negotiation.
2. If the
parties concerned cannot reach agreement
by negotiation,
they
ma y joint ly seek the good office s of,
or
request mediation by, a third
party.
3 . When ratifying,
accepting,
approving
or
acceding
to
t h i s
Convention,
or at any
t i m e thereafter,
a
State
or
regional economic integration
organization maydeclare i n
w r i t i n g
to theDepositary that for adispute
not resolved in
accordance
w i t h
paragraph
i or
paragraph
2
above,
it
accepts
one or
both
of the f o l l o w i n g
means
of
dispute settlement
as
compu1sory:
(a)
Arbitration
i n
accordance with
th e
procedure
l a i d
down
in
Part
1 o f Annex I I ;
(b)
Submission
of the
dispute
to the
International Court
of
Justice.
4. If the
parties
to the
d i s p u t e have
not. in
accordance w i t h paragraph
3
above, accepted
the same or any
procedure,
the
dispute s h a l l
be
s u b m i t t e d to c o n c i l i a t i o n i n accordance with Part 2 ofAnnex
I I
unless
theparties
otherwise
agree.
5 . T h e provisions o f
t h i s A r t i c l e s h a l l
apply w i t h respect t o a n y
protocol
except asotherwise provided i n theprotocol concerned.
A r t i c l e28. A d o p t i o n of P r o t o c o l s
1
The
Contracting Parties
s h a l l
cooperate
in the
formulation
and
adoptionof protocols to this
Convention.
2. Protocols s h a l l be adopted at a meeting of theConference of the
Parties.
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3. The
text
of any proposed
protocol s h a l l
be communicated to the
Contracting Parties by the Secretariat at least s i x months before such a
meeting.
A r t i c l e
2 9 .
. A m e n d m e n t
o f t h e C o n v e n t i o n o r
Protocols
1 .
Amendments to thi s Convention may be proposedby any
Contracting
Party. Amendments to any protocol may be proposed by any Party to that
protocol.
2.
Amendments
to
th is Convention s h a l l
be
adopted
at a
meeting
of the
Conference
of the Parties. Amendments to any protocol s h a l l be adopted
at a meeting of the Parties to the Protocol in questi on. The text of any
proposed
amendment to this Convention or to any protocol, except as may
otherwise
b e provided i n such protocol, s h a l l b e communicated t h e
Parties to the instrumentin questionby thesecretariat at least
s i x
months before
t h e
meeting
a t
which i t
i s
proposed
f o r
adoption.
T h e
secretariat s h a l l alsocommunicate proposed amendments to the signatories
t o this Convention forinformation.
3. TheParties
s h a l l
make every effort to reach agreement ^n any
proposed
amendment
t o
thi s Convention
o r t o a n y
protocol
~ > y
consensus.
I f
al l
efforts
at
consensus have been
exhausted,and no
agreement
reached, the amendment s h a l l as a l a s t resort be adopted by a twothird
majority vote o f t h e Parties t o t h e instrument
i n
questionpresent a n d
voting a t t h e m e e t i n g , a n d
s h a l l
b e submitted b y t h e Depositary t o a l l
Parties for
r a t i f i c a t i o n , acceptance
or approval.
I . Ratification,acceptance o r approval o f amendments s h a l l h e notified
t o t h e Depositary i n w r i t i n g . Amendments adopted i n accordance w i t h
paragraph 3above s h a l l enter i n t o force among Parties having
accepted
them on the n i n e t i e t h day
after
the
deposit
of
instruments
of
r a t i f i c a t i o n ,
acceptance
o r
approval
b y a t
least
t w o
thirds
o f 1 h e
Contracting Parties
to
t h i s Convention
or of the
Parties
to the protocol
concerned. except
a s m a y
otherwise
b e
provided
i n
such
p r o t o c o l .
Thereafter
the
amendments
s h a l l
enter i nto force
for any
other Party
on
t h e ninetieth 'lay after that Party deposits i t s instrument o f
r a t i f i c a t i o n ,acceptance
or
approval
of theamendments.
5. For the purposes of
t h i s A r t i c l e .
Parties present and voting means
Partiespresent and casting an affirmative or negative vote.
A r t i c l e 3 0 .
A d o p t i o n
a n d
Amendment
o f
Annexes
T h e annexes t o thi s Convention o r t o a n y protocol s h a l l form a n
i n t e g r a l
part of the Convention or of such protocol, as the
case
may be.
and,
unless
expressl y provided otherwise, a reference to thi s Convention
or i t s
protocols
constitutes at the same t i m e a reference to any annexes
thereto. Such annexes
s h a l l
berestricted to procedural, scientific,
t e c h n i c a l
and
a d m i n i s t r a t i v e
matters.
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2. Except as may be otherwise provided in any protocol
with
respect to
i t s annexes,
the
following procedure s h a l l apply
to the proposal,
adoption
an d
entry
into
force
of
a ddi tion al annexes
to this
Convention
or
of
annexes to any
protocol
:
(a) Annexes to
this
Convention
or
to any protocol
s h a l 1
be proposed
and
adopted according
to the
procedure
l a i d
down
in
A r t i c l e
29 :
(b) Any Party that i s unable to approve an additional annex to
this
Convention
or an
annex
to any
protocol
to
which
it is
Party s h a l l
so
notify
the
Depositary,
inwriting,
w i t h i n
one
year from
the
date
of the
communication
of the
adoption
by the
Depositary.
The
Depositary
s h a l l
withoutdelay notify a i l Parties
of any
such notifi catio n received.
A
Party may at any
time
withdraw a previous declaration of objection and
th e annexes
s h a l 1
thereupon enter into forcefo r that Party subject to
subparagraph (c)
below:
(c) On the
expiry
of one
year from
the
date
of the
communication
of
the
adoption
by the
Depositary,
the
annex s h a l l enter
i n t o
force
for
a l l
Parties to
this
Convention or to any
protocol concerned wh ich have
not
submitted a notification
i n accordance wit h
the
provisions
of
subparagraph
(b)
above.
3.
The
proposal.
adoption and entry
into
force of amendments to
annexes
t o this Convention
or to any
protocol s h a l l
be
subject
to the
same
procedure
as for the proposal.
adoption
an d
entry
into
force
of annexes
to the Convention or annexes to any protocol.
4. If an a d d i t i o n a l annex or an amendment to an annex i s related to an
amendment to
t h i s
Convention or to any
protocol.
theadditional
annex
or
amendment s h a l l
not
enter into force
until
such time
as the
amendment
to
the
Convention
or to the protocol
concerned enters
into
force.
Article 3 1 .
Right
t o V o t e
1
Except
as
provided
for
i n paragraph
2 below,
each Contracting Party
t o this
Convention
or to any
protocol s h a l l have
one
vote.
2. Regional economic integ ratio n organizations, in matters within their
competence,
s h a l l exercise their
right to
vote
witha number of
votes
equal to the
number
o f their
member States which
ar e
Contracting
Parties
to this
Convention
or the relevant protocol.
Such organizations s h a l l
not
exercise their right
to
vote
if
their member States exercisetheirs,
and viceversa.
Article
32. Relationship
between t h i s Convention
and Its
Protocols
1 . A
State
or a
regio nal economic integration organization
may not
become a Party to a
protocol
unless
it
i s
or becomes at the same
t i m e
a
Contracting Party to
this
Convention.
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2 .
Decisions under an yprotocol s h a l l be taken
o n l y
by theParties to
theprotocol
concerned. Any Contracting Party that has not r a t i f i e d
accepted
or
approved
a
protocol
may
participate
as an
observer
in any
meeting of the parties tothat protocol.
Article 3 3 . Signature
This Convention
s h a l l
beopen forsignature at Rio de Janeiro by ail
States and any regional economic integration organization
f r o m
5 June
1992 u n t i l 14 June 1992, and at theUnited Nations Headquarters i n New
Yorkfro m 15 June 1992 to 4 June 1993.
A r t i c l e 3 4 . R a t i f i c a t i o n , A c c e p t a n c e o r A p p r o v a l
1 . This Convention
and any
protocol
s h a l l be
subject
to
r a t i f i c a t i o n .
acceptance or approval by
States
and by
regional economic integration
organizations. Instruments of
ratification,
acceptance
or approval
s h a l l
be deposited
w i t h
theDepositary.
2. Any organization referredto inparagraph 1above whic h becomesa
Contracting Party to this Convention or anyprotocol without any of its
member
States being
a
Contracting Party
s h a l l
be
bound
by
a l l
the
o b l i g a t i o n sunder
th e
Convention
or the
p r o t o c o l
as thecase may be. In
the case ofsuch organizations, one ormore ofwhose member States is a
Contracting
Party
to t h i s
Convention
or
relevant protocol.
the
organization and its member States
s h a l l
decide on t h e i r respective
r e s p o n s i b i l i t i e s for the performance of
t h e i r
obliga tions under the
Convention or
p r o t o c o l
as the case may be. In such cases, th e
organization and the member States
s h a l l
not beentitled toexercise
r i g h t s
under theConvention orrelevant protocol concurrently.
3.
In
t h e i r
instruments of
ratification,
acceptance or
approval,
the
organizationsreferred t o i n paragraph 1 above s h a l l declare t h e extent
o f t h e i r competence
w i t h
respect
to the
matters governed
by the
Convention or
t h e
relevant protocol. Fhese organizations s h a i
i a l s o
inform
t h e
Depositary
o f a n y
relevant modification i n
t h e
extent
o f
t h e i r
competence.
A r t i c l e
3 5.
A c c e s s i o n
1 .
This Convention and any protocol
s h a l l
be
open
for
accession
by
States and by regional economic integration organizations from the date
on
which
th e
Convention
or the
protocol concerned
is
closed
for
signature. The instruments of accession s h a l l bedeposited w i t h the
Depositary.
2. In
t h e i r instruments
of
accession,
the
organizations referred
to in
paragraph 1above
s h a l l
declare th eextent of their competence w i t h
respect to the matters governed by the Convention or the
relevant
protocol.
These organizations s h a l l also i n f o r m
the
Depositary
of any
relevant modification
in the
extent
of
t h e i r
competence.
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3. The
provisions
of A r t i c l e 34,
paragraph
2.
s h a l l apply
to r e g i o n a l
economic integration organizations which accede to thi s Convention or any
protocol.
Article
3 6.
Entry Into Force
1 . This Convention s h a l l enter intoforce on theninetieth day after
the
date
of
deposit
of the t h i r t i e t h
instrument
of r a t i f i c a t i o n .
acceptance,
approval
or
accession.
2.
Any protocol s h a l l enter
i n t o
force on theninetieth day after th e
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 whic h r a t i f i e s accepts or approves thi s
Convention or
accedes
thereto 'after the deposit of the t h i r t i e t h
instrument of ratification, acceptance, approval or accession, it s h a l l
enter
into
force
on the
ninetieth
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,
s h a l l
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 above. on the ninetieth day after the
date
on
which
that Contracting Party deposits its instrument of
r a t i f i c a t i o n
acceptance, approval or
accession,
or on the
date
on
which
this
Convention enters
i n t o
force for that Contracting Party, whichever s h a l l
be the l a t e r .
5 .
For the
purposes
of
paragraphs
1 and 2
above,
an y
instrument
deposited
by a
regional economic integration organization s h a l l
not be
counted as
a d d i t i o n a l
to those deposited by member States of such
organization.
Article
37.
Reservations
No reservationsmay be made to
t h i s
Convention.
A r t i c l e
38. Withdrawals
1 .
At any
t i m e
aftert wo years from thedate on which this Convention
has entered into force for a Contracting Party, that Contracting Party
may withdraw fromthe Convention by giving writtennotification to the
Depos
i tary.
2. Any such with drawal s h a l l take place upon expiry of one year after
thedate of its receipt by the Depositary, or on such
later
date as may
be
specified
in the
notification
of the withdrawal.
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3 . A n y Contracting Party which withdraws f r o m
t h i s
Convention s h a l l h e
considered
a s
also having withdrawn from
a n y
protocol
t o
which i t
i s
party.
A r t i c l e 3 9 . F i n a n c i a l
I n t e r i m
A r r a n g e m e n t s
Provided that i t h a s been f u l l yrestructured i n accordance
w i t h
t h e
requirements o f
A r t i c l e
2 1 . t h e
G l o b a l
Environment
F a c i l i t y
o f t h e U n i t e d
Nations Development Programme,
the
United Nations Environment Programme
and the
International Bank
f o r
Reconstruction
and
Development s h a l l
be
t h e
insti tutio nal structure referred
t o i n
A r t i c l e
2 1 o n a n i n t e r i m
basis,
f o r
theperiod between theentry into forceof this Conventionand
t h e
first meeting
o f t h e Conference o f t h e
Parties
or u n t i l t h e
Conference o f t h e
Parties decides which institut ional structure
w i l l b e
designated i n
accordance
with
A r t i c l e
21.
A r t i c l e 40.
Secretariat
I n t e r i m A r r a n g e m e n t s
T h e secretariat t o b e provided b y t h e Executive Director o f t h e
united
Nations Environment
Programme
s h a l l
b e t h e
secretariat referred
t o
i n A r t i c l e 24,
paragraph
2. on an i n t e r i m
basis
for the
period between
t h e
entry into force
o f
t h i s
Convention
a n d t h e
f i r s t
meeting
o f t h e
Conference
of the
Parties.
A r t i c l e
41.
D e p o s i t a ry
The Secretary-General of the
United Nations
s h a l l
assume
the
functions of Depositary of th is Convention and any protocols.
A r t i c l e 4 2 .
Authentic
T e x t s
T h e
o r i g i n a l
o f
t h i s
Convention, o f which t h e Arabi c. Chinese.
E n g l i s h
French, Russian
and
Spanish texts
are
equally
authentic, s h a l l
b e
deposited w ith the Secretary-General of theUnited Nations.
I N WITNESS WHEREOF theundersigned, being dul y authorized to that
e f f e c t
have signed this Convention.
Done at Rio de Janeiro on t h i s fifth day of
June,
one thousand nine
hundred
and ninety-two.
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A n n e xI
IDENTIFICATIONAND
MONITORING
1 .
Ecosystems
and
habitats: containing hig h diversit y, large numbers
of
endemic
or
threatened species,
or wilderness;
required
by
migratory
species; of
social,
economic, cultural
or
scie ntif ic importance:
or,
which are
representative, unique
or
associated with
key
evolutionary or
other
b i o l o g i c a l
processes:
2.
Species
and
communities whichare: threatened: w i l d relatives
of
domesticated
or
cult ivated species;
of medicinal,
agricultural or other
economic value;
or
social, scientific
or
c u l t u r a l importance:
or
importance
for
research into the conservation and sustainable use of
b i o l o g i c a l divers ity, suchas indicator species:and
3. Described genomes and genes of
s o c i a l
scientific or economic
importance.
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Annex
I I
Part i
ARBITRATION
Article 1
The
claimant party
s h a l l
notify
the
secretariat that
the
parties
are
referring a
dispute
to
arbitration pursuant
to
A r t i c l e
27. The
notification
s h a l l state
th e
subject-matter
of
arbitration
and
i n c l u d e
i n particular,
the
articles
of the
Convention
or the protocol, the
interpretation
or application of
which
are at
issue.
If the
parties
do
no t
agree
on the
subject matter
of the
dispute before
th e
President
of
the
tribunal
is
designated,
the
arbitral tribunal s h a l l determine
the
subject matter. Th e secretariat s h a l l forward th e information thus
received to allContracting Partiesto thisConvention or to the protocol
concerned.
Article2
1
In
disputes between
two
parties,
th e
a r b i t r a l t r i b u n a l
s h a l l
consist
o f
three members. Each
of the
parties
to the
dispute
s h a l l
appoint
an
arbitrator and the twoarbitrators so appointed s h a l l designate by common
agreement
the
third arbitrator
wh o s h a l l be the
President
of the
tribunal. The l a t t e r s h a l l not be a national of one of theparties to
the
dispute,
nor
have
hi s
or her usual place
of
residence
in the
territoryof one of
these parties,
nor be
employed
by any ofthem, nor
have dealt with
the
case
in any
other capacity.
2. In disputes between more than two
parties,
parties in the same
interest
s h a l l appoint
one
arbitrator jointly
by
agreement.
3. Any
vacancy
s h a l l be f i l l e d in themanner prescribed for the i n i t i a l
appointment.
Article3
1 .
If the
President
of the
arbitral tribunal
has not
been designated
withintwo months of the appointment of the second arbitrator, the
Secretary-General of the
United Nations s h a l l
at the
request
of a party,
designate the President wit hi n a furthertwo-month period.
2. If one of the
parties
to the
dispute does
not
appoint
an
arbitrator
withintwo months of receipt of therequest, the other partymay inform
the
Secretary-General who s h a l l make the designation wit hin a further
two-monthperiod.
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A r t i c l e
Th e
a r b i t r a i t r i b u n a l s h a l l render
it s
decisions
in
accordance w i t h
the provisions of this Convention, any proto cols concerned. and
international
aw.
Article5
Unless
the
parties
to the
dispute otherwise agree.
t.he
a r b i t r a l
tribunal
s h a l l determine its ownrulesof procedure.
A r t i c l e6
The a r b i t r a l
t r i b u n a lmay
at the
request
of one of the parties,
recommend essential
i n t e r i m measures
of
protection.
A r t i c l e
7
The
parties
to the
dispute s h a l l f a c i l i t a t e
the
work
of the arbitral
t r i b u n a l
and i n
p a r t i c u l a r using
a l l
means
a t
t h e i r d i s p o s a i s h a l l :
(a)
Provide i t w i t h a i l relevant documents, information
and
f a c i l i t i e s ; an d
(b) Enable
i t
whennecessary to c a l l witnesses or expertsand
receive their evidence.
Article 8
The partiesand the arbitratorsare underan o b l i g a t i o n to protect
the
confidentialityof any information they receive in confidence during
theproceedingsof the
arbitral tribunal.
Article
9
Unless
the
arbitral tribunal
dete rmines otherwise because
of the
particular circumstancesof thecase, thecosts of the t r i b u n a l
s h a l l
be
borne
by the
parties
to the
dispute
i n
equal shares.
The
t r i b u n a l s h a l l
keepa record of a i l itscosts, and s h a l l furnish a f i n a l statement
thereof to the parties.
A r t i c l e 1 0
Any
Contracting Party that
has an
interest
of a
l e g a l nature
in the
subject-matter
of the
dispute which
may be
affected
by the
decision
in
the case, may intervene i n theproceedings
with
the
consent
of the
tribunal.
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A r t i c l e
i l
The tribunal may
hear
and determine
counterclaims
arising
d i r e c t l y
out of the subject-matter of the dispute.
A r t i c l e 1 2
Decisions both on procedure and substance of the a r b i t r a l t r i b u n a l
sha
i b e
taken
b y a
majority vote
o f i t s
members.
A r t i c l e
1 3
I f one of the parties to the dispute does not appear before the
a r b i t r a i tribunal
or
f a i l s
to
defend
it s
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
i t s
case
s h a l lnot
constitute
a bar to the
proceedings. Before rendering
i t s f i n a l
decis