UNITED NATIONS ENVIRONMENT PROGRAMME UNEP

CONVENTION ON BIOLOGICAL DIVERSITY

5 JUNE 1992

Na.92-7807 /...

CONVENTION ON BIOLOGICAL DIVERSITY

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;

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;

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;

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;

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

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;

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;

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;

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;

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;

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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