BIODIV.txt
CONVENTION ON BIOLOGICAL DIVERSITY (1992)
Preamble
The 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 with 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) 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
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) above, 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) above; and
(e) Cooperate in providing financial and other support for ex-situ
conservation outlined in subparagraphs (a) to (d) above 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 below.
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 below.
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 above 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
above.
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, paragraph 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 above, 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, paragraph 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 above 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 above, 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 representatives
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 paragraph 2 above, 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
above, 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-third 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 above shall enter into force among Parties having accepted
them on the ninetieth 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 ninetieth 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) below;
(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) above.
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 below, 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 June
1992 until 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 above 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 above 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 above 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, paragraph 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 ninetieth day after the
date of deposit of the thirtieth instrument of ratification, acceptance,
approval or accession.
2. Any protocol shall enter into force on the ninetieth 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 thirtieth
instrument of ratification, acceptance, approval or accession, it shall
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, 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 above, on the ninetieth 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 above, 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, paragraph 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; or
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 are 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.
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