COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92)509 final 
Brussels, 21 December 1992 
Proposal for a 
COUNCIL DECISION 
Concerning the concilia I on of 
the Convention on Biological Diversity 
(presented by the Commission) 
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SUMMARY 
The proposal for a Council Decision concerning the conclusion of the 
Convention on Biological Diversity establishes the legal basis to allow the 
European Economic Community to ratify the abovementioned Convention and 
sets-up the schedule to be met by Member States for the same purpose. 
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Explanatory Memorandum 
In 1987 the United Nations Environment Programme created an experts 
group to look into the need of an International agreement on the 
conservation of biological diversity. 
2. After four expert's meetings, an Intergovernmental Negotiating 
Committee for a Convention on Biological Diversity was created and 
negotiations started In June 1991, based on a draft text prepared by 
the UNEP secretariat. 
3. On July 29 1991, the European Commission was authorized by the Council 
to participate in these negotiating meetings on behalf of the 
Community. 
4. This decision was taken based on several motivations : 
At the Dublin European Council (June 1990), the Community 
recognized its specific role in the solution of global 
environmental problems. The conservation of biological diversity is 
one of the major Issues in this area. 
Long before the Dublin European Council, the Community had already 
developed common policies and actions to protect blotopes and 
endangered species. The Community Is party to international 
agreements related to nature protection like the Berne Convention 
(on the conservation of wildlife and natural habitats) and the Bonn 
Convention (on the conservation of migratory species of wild 
animals). The Community is also closely involved in CITES, the 
Convention for the protection of endangered species of fauna and 
flora. 
5. The Commission participated in the 4 subsequent intergovernmental 
negotiating meetings held in September 1991 (Nairobi), November 1991 
(Geneva), February and May 1992 (Nairobi). 
6. At the last Intergovernmental negotiating meeting (May 1992) an 
agreement was reached on a text for a Convention on Biological 
Diversity. 
7. The Convention on Biological Diversity was signed by the Community and 
Its Member States on June 9 1992, at the United Nations Conference on 
Environment and Development, in Rio de Janeiro. 
8. Mr Anlbal CAVACO SILVA, Prime Minister of the Portuguese Republic, 
speaking on behalf of the European Community and its Member States on 
the occasion of the signature by the Community of the Convention on 
Biological Diversity, stated that "this Convention provides a package 
of measures which form a basis for progress on this important subject". 
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9. In view of the relationship between certain provisions of the 
Convention and the international rules on Intellectual Property Rights 
on one hand, and the Commission's proposal for a Directive on the legal 
protection of biotechnological inventions on the other hand, it is 
appropriate : 
for the European Community and its Member states to make an 
Interpretative Declaration on the occasion of the ratification of 
the Convention (see Annex III); 
for the Commission to note that the Convention presupposes the 
existence of patents and other means of protection for 
biotechnological inventions among the contracting parties and that, 
therefore, nothing prevents the Community from providing 
biotechnological Inventions with uniform protection at Community 
level. 
10. It Is in the Interest of the Community, both in terms of policy 
coherence and effectiveness, to ratify the Convention on Biological 
Diversity, thereby enhancing the Community's actions to preserve nature 
as they are brought together with the efforts of other nations. 
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PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF THE CONVENTION 
ON BIOLOGICAL DIVERSITY. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES. 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 130 S thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament (1), 
Having regard to the opinion of the Economic and Social Committee (2), 
Whereas the Community participated In the negotiations under the auspices 
of the United Nations Environment Program for the preparation of a 
Convention on Biological Diversity (3); 
Whereas, during the United Nations Conference on Environment and 
Development in Rio de Janeiro from 3-14 June 1992, the Convention on 
Biological Diversity was signed by the Community; 
Whereas the purpose of this Convention Is to ensure the conservation of 
biological diversity, the sustainable use of Its components and the fair 
and equitable sharing of the benefits arising out of the utilisation of 
genetic resources; 
Whereas the Convention, under Article 34, is open for ratification, 
acceptance or approval by Member States and by Regional Economic 
Integration Organisations; 
Whereas the protection of the environment is one of the Community's goals 
according to article 130r of the Treaty, which includes the conservation of 
nature; 
Whereas the Community has already developed and undertaken extensive 
actions In Its own territory to safeguard biological diversity and this is 
an essential contribution to the conservation of biodiversity worldwide; 
Whereas conservation of nature is a global concern and it is therefore in 
the interest of the Community to participate In international efforts with 
the same goal ; 
Whereas the European Community has an economic interest in the conservation 
and sustainable use of biological diversity worldwide, and also in 
attaining agreed rules about utilisation and benefits sharing; 
(1) OJ No C 
(2) OJ No C 
(3) Council Conclusions of June 1991 not published In the Official 
Journal of the European Common It les. 
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Whereas, in view of the measures the Community has already adopted in some 
of the areas covered by the Convention, it is for the Community to take its 
responsibilities in these areas at the international level; 
Whereas, as a consequence, the Community and its Member States share 
competence in the areas covered by the Convention, and it is necessary for 
the Community and its Member States to become Contracting Parties so that 
all the obligations under the Convention can be properly fulfilled; 
Whereas, in view of the need for prompt action, it is essential that the 
Community and its Member States complete as soon as possible the 
procedures for their ratification or approval of the Convention; 
Whereas it is desirable that the Community and the Member States deposit, 
simultaneously If possible, their instruments of ratification, acceptance 
or approval ; 
HAS ADOPTED THIS DECISION: 
Article 1 
The Convention on Biological Diversity signed in June 1992 In Rio de 
Janeiro is hereby approved by the European Economic Community. 
The text of the Convention appears In Annex 1 to this Decision. 
Article 2 
1. On behalf of the European Economic Community, the President of the 
Council shall deposit the instrument of approval with the Secretary-
General of the United Nations In accordance with Article 34(1) of the 
Convention. 
2. At the same time the President shall deposit the declaration of 
competences set out in Annex 2 to this Decision according to the 
provisions of Article 34 (3) of the Convention, as well as the text of 
the Declaration set out In Annex 3 to this Decision. 
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Article 3 
1. Member States shall take the necessary steps to permit the deposit, as 
far as possible simultaneously and not later than 30-06-93, of the 
instruments of ratification or approval of the Member States and the 
Community 
2. Member States shall inform the Commission not later than 30-04-93 of 
their decision to ratify the Convention or, according to the 
circumstances, of the probable date of completion of these procedures. 
The Commission shall, In cooperation with the Member States, choose a 
date for depositing these Instruments simultaneously. 
Article 4 
This Decision is addressed to the Member States. 
Done In Brussels, 
For the CounclI 
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ANNEX I 
TEXT OF THE CONVENTION ON BIOLOGICAL DIVERSITY 
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 thatbiological diversity is being significantly reduced by 
certain human activities, 
Avare 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, 
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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, 
Avare 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. 
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"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. 
"Protected1 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 
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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 
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(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; 
(1) 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 (1) above, particularly to 
developing countries. 
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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 of 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 
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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. 
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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. 
y 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 
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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. 
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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 
-1* 
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 Mechr^ism 
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. 
ff 
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; 
n 
(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. 
/... 
Î3 
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 
rirrapt a 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 fc** consensus. If all 
efforts at consensus have been exhausted, and no greement 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. 
-vr-
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. 
t 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 organ*nations referred to in 
paragraph 1 above shall declare the extent of the:J 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 
Vç 
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. 
A 
28 " 
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. 
/... 
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Annex X 
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. 
/... 
-3e» 
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. 
/... 
-34. 
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 
29b 
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 » 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. 
-33 
ANNEX 1 
Declaration by the European Economic Community according to the provisions 
of Article 34f3ï of the Convention on biological diversity. 
in accordance with the relevant provisions of the EEC Treaty as modified by 
the Single European Act [and the Treaty of the European Union], the 
community has competence to take actions aiming at the conservation of 
biological diversity including the competence to enter into international 
agreements. This competence is exclusive in the area of trade. In the 
areas covered by the community legislation enumerated hereafter, Community 
competence Is either exclusive or shared with Member states. 
in the future the Community may well take further responsibliities by 
adopting more specific legislation regarding biological diversity. 
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LIST OF COtlJUNITY LEGISLATION AND ACTIONS 
A. ENVIRONMENT 
Nature conservation 
1. Council Decision 82/72/EEC of 3 December 1981 concerning the conclusion 
of the Convention on the conservation of European wildlife and natural 
habitats. (O.J. L 38, 10.02.82.) 
2. Council Decision 82/461 /EEC of 24 June 1982 on the conclusion of the 
Convention on the conservation of migratory species of wild animals. 
(O.J. L 210, 19.07.82.) 
3. Council Directive 83/129/EEC of 28 March 1983 concerning the 
importation into Member States of skins of certain seal pups and 
products derived therefrom. O.J. L 91, 09.04.83. 
4. Council Regulation EEC/3626/82 of 3 December 1982 (O.J. L 384, 
31.12.82), as amended by Council Regulation 85/1831/EEC of 27 June 1985 
(O.J. L 173 of 03.07.85) on the implementation in the Community of the 
Convention on International Trade In Endangered Species of wild fauna 
and flora. 
5. Commission Regulation EEC/2496/89 of 2 August 1989 on a prohibition on 
Importing raw and worked Ivory derived from the African elephant into 
the Community. (O.J. L 240, 17.08.82.) 
6. Commission Directive 79/409/EEC of 2 April 1979 (O.J. L 103. 25.04.79), 
as amended by Commission Directive 91/224/EEC of 6 March 1991 (O.J. 
L 115 of 08.05.91) on the conservation of wild birds. 
7. Council Directive 92/43/EEC of 21 May 1992 on the conservation of 
natural habitats and of wild fauna and flora. (O.J. L 206 of 22.07.92). 
Environmental Impact Assessment 
8. Council Directive 85/337/EEC of 27 June 1985 on the assessment of the 
effects of certain public and private projects on the environment. 
(O.J. L 175 Of 05.07.85). 
Forpsts 
9. Council Regulation EEC/3528/86 of 17 November 1986 (O.J. L 326, 
21.11.86) on the protection of the Community's forests against 
atmospheric pollution, amended by Council Regulation EEC/2157/92 of 23 
July 1992. O.J. L 217. 31.07.92. 
-35"-
10. council Regulation EEC/2158/92 of 23 July 1992 on the protection of the 
community's forests against fire. (O.J. L 217 of 31.07.92). 
11. Council Regulation EEC/2078/92 Of 30 June 1992 (O.J. L 215 Of 30.07.92) 
on agricultural production methods compatible with the requirements of 
the protection of the environment and the maintenance of the 
countryside. 
Marine resources 
12. Council Directive 78/659/EEC of 18 July 1978 on the duality of fresh 
waters needing protection or improvement in order to support fish life. 
(O.J. L 222, 14.08.78.) 
13. Council Regulation EEC/348/81 of 20 January 1981 on common rules for 
imports of whales or other cetacean products. O.J. L 39, 12.02.81. 
14. Council Decision 81/691/EEC of 4 September 1981 on the conclusion of 
the Convention on the conservation of Antarctic marine living 
resources. (O.J. L 252, 05.09.81). 
15. Council Regulation EEC/170/83 of 25 January 1983 (O.J. L 24 of 
27.01.83) establishing a Community system for the conservation and 
management of fishery resources. 
B. BIOSAFETY 
16. Council Directive 90/219/EEC of 23 April 1990 on the contained use of 
genetically modified micro-organisms. O.J. L 117, 08.05.90, 
17. Council Directive 90/220/EEC of 23 April 1990 on the deiiDerate release 
into the environment of genetically modified organisms. o.J. L 117, 
08.05.90. 
C, INTELLECTUAL PROPERTY 
18. Proposal for a Council Directive on the legal protection of 
biotechnological inventions (COM (88) 496 f). 
(O.J. C 10, 13.01.89). 
19, Proposal for a Council Regulation on Community plant variety rights 
(COM(90)347) (0.J, C244, 28.09.90, p.l). 
To Insert according to the adoption of the Act by council. 
-J*-
D. FINANCIAL MECHANISMS 
20. Council Regulation EEC/1973/92 of 21 May 1992 establishing a financial 
instrument for the environment (LIFE). (O.J. L 206 of 22.07.92). 
21. Recommendation for a Council Decision SEC (92) 694 of 5 May 1992, 
concerning the EC's participation in the Global Environment Facility 
(GEF). 
22. council Regulation EEC/443/92 of 26,02.92 on financial and technical 
assistance to, and economic cooperation with, the developing countries 
in Asia and Latin America. 
23. Council Regulation EEC/1762/92 of 26.06.92 concerning the application 
of protocols related to technical and financial cooperation between the 
Community and Mediterranean non-member countries. 
24. council Regulation EEC/1763/92 of 29-06.92 concerning financial 
cooperation In respect of all Mediterranean non-member countries. 
25. Decision of the Council and the Commission of 25 February 1991 on the 
conclusion of the 4th ACP-EEC Convention. Decision 91/400/ECSC, EEC 
(O.J. L 229, 07.08.91). 
INFORMATION. MONITORING AND RESEARCH 
26. Council Regulation EEC/1615/89 of 29 May 1989 establishing a European 
Forestry information and Communication System (Efics). (O.J. L 165/12 
of 15.06.89). 
27. council Regulation EEC/1210/90 of 7 May 1990 on the establishment of 
the European Environment Agency and the European environment 
information and observation network. (O.J. L 120 of 11.05-90). 
F. DEVELOPMENT COOPERATION 
28, council Decision 91/400/EEC of 25 February 1991 concerning the 
conclusion of the Fourth ACP-EEC Convention (O.J. L 229, 17.08.91). 
29. Council Decision 91/366/EEC of 7 June 1991 adopting a specific research 
and technological development programme in the field of the life 
sciences and technologies for developing countries (1990-94). (O.J. 
L 196, 19.07.91). 
*f 
ANNEX 111 
Draft Interpretative Declaration 
(on the occasion of the ratification of 
the convention on Biodiversity) 
The European Community and its member states wish to reaffirm the 
importance they attach to transfers of technology and to biotechnology in 
order to ensure the conservation and sustainable use of biological 
diversity. 
For the European Community and its member States» transfers of technology 
and access to biotechnology, as defined in the text of the Convention on 
Biological Diversity, can only be carried out in compliance with the 
principles and rules of protection of intellectual property, in particular 
multilateral and bilateral agreements signed or negotiated by the 
contracting parties to this Convention. 
The compliance with intellectual property rights constitutes an essential 
pre-condition for the implementation of policies for technology transfer 
and co-investment, without prejudice to their respective competences in 
the field of Intellectual property rights, the European Community and its 
member States shall encourage the use of the financial mechanisms 
established by the Convention to facilitate the transfer of intellectual 
property rights held by European operators, in particular as regards the 
granting of licenses, while ensuring adequate and effective protection of 
property rights. 

38 
ISSN 0254-1475 
COM(92) 509 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-92-531-EN-C 
ISBN 92-77-50097-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg