COMMISSION DES COMMUNAUTES EUROPEENNES 
C0M(92) 186 final 
Bruxelles, le 26 mai 1992 
Proposition de 
PENSION PU CONSEIL 
CONCERNANT LA SIGNATURE D'UNE CONVENTION 
SUR LA CONSERVATION DE LA DIVERSITE BIOLOGIQUE 
(présentée par la Commission) 
EXPOSE DES MOTIFS 
Concerne ; SIGNATURE DE LA CONVENTION SUR LA CONSERVATION DE LA 
DIVERSITE BIOLOGIQUE. 
1. Le 29/07/1991, le Conseil a autorisé la Commission à participer au 
nom de la Communauté aux négociations relatives à une Convention 
sur la conservation de la diversité biologique dans le cadre du 
Programme des Nations Unies pour l'Environnement^1). La 
Commission a participé i ces négociations conformément au mandat de 
négociation qui lui a été confié par le Conseil. 
2. L'origine de ce projet de Convention et les raisons qui 
sous-tendent la participation de la Communauté ont été précisées 
dans l'exposé dés motifs de la Communication de la Commission 
concernant la négociation d'une Convention sur la conservation de 
la diversité biologique^). 
3. Depuis l'adoption des conclusions du Conseil» le projet de 
Convention a été examiné au cours de 4 sessions du Comité de 
Négociation Intergouvernemental chargé de la négociation d'une 
Convention sur la conservation de la diversité biologique qui ont 
eu lieu respectivement à Madrid du 24 juin au 3 juillet 1991, à 
Nairobi du 23 septembre au 2 octobre 1991. à Genève du 25 novembre 
au 4 décembre 1991 et à Nairobi du 6 au 15 février 1992. 
4. A ce stade, il n'est pas possible de présenter au Conseil le texte 
définitif de la Convention, étant donné que le projet doit encore 
être examiné au cours d'une dernière session qui aura lieu à 
Nairobi du 11 au 18 mai 1992. Une Conférence Diplomatique aura 
lieu immédiatement après, les 19 et 20 mai 1992, la signature de 
l'Acte Final étant prévue à Nairobi, te 21 mai 1992. La Convention 
sera ensuite signée en juin 1992 à Rio, au cours de la Conférence 
des Nations Unies sur l'Environnement et le Développement. 
5. Certaines améliorations du texte doivent être recherchées par la 
Communauté, il conviendra en particulier que la Communauté fasse 
modifier certaines dispositions du projet de convention qui 
auraient des incidences importantes en ce qui concerne la 
protection de la propriété intellectuelle. Ces modifications 
feront l'objet d'une coordination sur place. 
6. Pour autant que le résultat de la négociation soit acceptable par 
la Communauté, la Commission considère qu'il est de l'intérêt de la 
Communauté de se préparer à signer la Convention en juin 1992 au 
cours de la Conférence des Nations Unies sur l'Environnement et le 
Développement. 
7. Sous cette réserve, la Commission demande donc au Conseil 
d'autoriser le Président à désigner les personnes habilitées à 
signer la Convention mentionnée ci-dessus au nom de la Communauté 
et de leur conférer les compétences nécessaires pour signer la 
Convention au nom de la Communauté. 
(i) 
(2) SEC (91) 936 final 
î 
PROPOSITION DE DECISION DU CONSEIL 
CONCERNANT LA SIGNATURE D'UNE CONVENTION 
SUR LA CONSERVATION DE LA DIVERSITE BIOLOGIQUE 
LE CONSEIL DES COMMUNAUTES EUROPEENNES, 
vu le Traité instituant la Communauté économique européenne, 
vu la proposition de la Commission, 
considérant que la Commission a participé au nom de la Communauté au Comité de négociation 
intergouvememental en vue de préparer, dans le cadre du Programme des Nations Unies pour 
l'Environnement, une Convention sur la conservation de la diversité biologique; 
considérant que la Communauté devra encore rechercher des améliorations des dispositions, 
notamment, en ce qui concerne la propriété intellectuelle; 
considérant qu'il est prévu dans le projet de Convention que celle-ci sera signée par des 
Etats et des Organisations d'Intégration Economique Régionales, ce qui permet a la Communauté 
de la signer; 
considérant que le projet de texte de cette Convention sera soumis aux plénipotentiaires pour 
signature au cours de la Conférence des Nations Unies sur l'Environnement et le 
Développement, qui sera organisée à Rio (Brésil) du 3 au 14 juin 1992; 
considérant qu'il importe de prévoir que la Communauté puisse, le cas échéant, être en mesure 
de signer la convention sans préjudice de sa conclusion. 
DECIDE 
Le Président du Conseil est autorisé par la présente décision à désigner, le cas 
échéant, les personnes habilitées à signer, sous réserve d'approbation ultérieure, la 
convention sur la conservation de la diversité biologique au nom de la Communauté et 
à conférer aux personnes qu'il désigne les compétences nécessaires à cet effet. 
Fait à Bruxelles, le par le Conaeil 
Le Président 
*<Z¥Zxi 
•$£$' /***-
United Nations t&* 
Environment 
Programme Distr. 
GENERAL 
UNEP/Bio.Div/N7-INC 5/1 
26 February 1992 
ORIGINAL: ENGLISH 
INTERGOVERNMENTAL NEGOTIATING COMMITTEE 
FOR A CONVENTION ON BIOLOGICAL DIVERSITY 
Seventh Negotiating Session/Fifth Session of INC 
Nairobi, 11-19 May 1992 
PROVISIONAL AGENDA 
1. Opening of the session. 
2. Organizational matters: 
(a) Adoption of the agenda; 
(b) Organization of work. 
3. Consideration of the fifth revised draft Convention on Biological 
Diversity. 
4. Other matters. 
5. Adoption of the report. 
6. Closure of the session. 
Na.92-5290 
UNEP/Bio.Div/N7-INC 5/2 Distr. 
GENERAL United Nations ^U^ 
Environment 20 *>*>™«y»« 
Programme ORIGINAL: ENGLISR 
INTERGOVERNMBNTAL NEGOTIATING 
COMMITTEE FOR A CONVENTION ON 
BIOLOGICAL DIVERSITY 
Seventh negotiating session/Fifth session of INC 
Nairobi, 11-19 May 1992 
FIFTH REVISED DRAFT CONVENTION 
ON BIOLOGICAL DIVERSITY 
Explanatory note 
1. The fifth revised draft Convention on Biological Diversity contains 
articles revised by Working Groupe I and II of the Intergovernmental 
Negotiating Committee (INC) for a Convention on Biological Diversity at the 
third negotiating session/f irst session of INC (Madrid, 24 June -
3 July 1991), the fourth negotiating session/second session of INC 
(Nairobi, 23 September - 2 October 1991), the fifth negotiating 
session/third session of INC (Geneva, 25 Noveaber - 4 December 1991) 
and the sixth negotiating session/fourth session of INC (Nairobi, 
6-15 February 1992). 
2. The preamble and Article 1 (Objectives) were not revised at the sixth 
negotiating session/fourth session of INC. They remain unchanged. 
3. At the sixth negotiating session/fourth session of INC, Working Groupe 
I and II established open-ended sub-working groupa on définitions and use 
of terme on the basle of the Bureau's proposed distribution of définitions 
between the Working Groupe. The sub-working group of WG.II submitted a 
proposed text for définitions and WG.II recommended its inclusion in 
Article 2 of the fifth revised draft Convention with a footnote stating 
that the new définitions had been formulated by a sub-working group of 
WG.II and had not been discussed by the Group itself. Thèse terme appear 
in Article 2 marked with an asterisk ( * ). The terme contained in 
Appendix I were prepared by a sub-working group of WG.I but were not 
coneidered by WG.I. WG.I recommended that they should be appended to the 
fifth revised draft Convention. 
4. Article 3 (Fundamental Principles) was placed in square brackets 
and its former paragraph 11 was placed in square brackets and moved to 
Article 14. Article 4 (General Obligations) was placed in square brackets, 
and its former sub-paragraphs (f) and (i) of paragraph 2 were placed in 
square brackets and moved to Article 14 as well. Alternative proposais in 
the form of éléments for reformulation of Articles 3 and 4 are contained in 
Appendix II. 
5. Article 14 bia of the fourth revised draft convention was deleted 
since its substance had been transmitted to WG.I and incorporated to 
strengthen Article 7 (j), with some éléments being incorporated in the 
Na.92-5271 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 2 
Preamble. Articles 15 and 16 of the fourth revised draft convention were 
considered together and appear reformulated as Article 17. Article 17 bia, 
paragraphe 4 and 5 of the fourth revised draft convention were reformulated 
and paragraph 6 was deleted as concerne expressed therein were adequately 
covered by the reformulated text. The Article appeare as Article 20 in the 
fifth revised draft convention. 
6. A gênerai discussion was held at the sixth negotiating session/fourth 
session INC on Articles 18 and 19 of the fourth revised draft convention 
and a sub-working group was established. After some discussion in the sub-
working group, the Chairman of WG.II ruled that the text of Articles 18 and 
19 would be reproduced in the fifth revised draft convention as they 
appeared in the fourth revised draft convention (UNEP/Bio.Div/N6-INC.4/2) 
with updated footnotes in order to make it clear that the text resulted 
from the fifth negotiating session/third session INC. Articles 18 and 19 
appear as Articles 21 and 22 respectively, in the fifth revised draft 
convention. 
7. Articles 23, 26 and 30-43 were considered as revised by the Lawyers' 
Drafting Group during the fifth negotiating session/third session of INC. 
No décision was made on Article 23. The revised text of Article 23 is 
reproduced together with the previous version, both are in square brackets. 
Article 26 was not discussed in substance and is reproduced as prepared by 
the Lawyers' Drafting Group. The previous version of Article 30 is 
reproduced with an additional alternative. 
8. During the sixth negotiating session/fourth session of INC a légal 
drafting group was established with a mandate to give a légal review of 
Articles 31-43. The recommendations of the group, which were adopted by 
the Plenary, are reflected in paragraph 4 of Article 32 (Amendaient of the 
Convention or Protocols) and sub-paragraphs (b) and (c) of Article 33 
(Adoption and Amendaient of Annexes). 
9. At the sixth negotiating session/fourth session of INC a number of 
articles, paragraphe and sub-paragraphs were deleted, moved or réarrangea. 
The articles and paragraphs hâve been renumbered to read sequentially. 
10. The draft includea appropriate footnotes resuiting from the 
délibérations of the sixth negotiating session/fourth session of INC. Ail 
relevant footnotes resuiting from the previous sessions of the INC are 
retained in the text. 
/• 
UNEP/Bio.Div/N7-INC.5/2 
Page 3 
Preamble * 
The Contracting Parties, 
Recognizing that humanity shares the earth with other forme of life 
and accepting that thèse should exist independently of their benefits for 
humanity; 
Affirming that the conservation of biological diversity is a common 
concern of ail peoples; 
Conacioua of the ever growing environmental, ecological, genêtic, 
scientific, aesthetic, recreational, culturel, educational, social and 
économie values of biological diversity and ite components; 
Recognizing the close and traditional dependence of many local 
communities and indigenous populations on biological resources, their 
continuing interest in their conservation, and the need to reward their 
knowledge and innovations aeeociated with the conservation and wise use of 
biological diversity and its components; 
Noting that biological diversity is being seriously reduced and that 
some epecies are threatened with extinction; 
Accepting that the threate to thèse irreplaceable resources include 
dégradation of the environment from habitat destruction and pollution, 
human population growth, unsuetainable exploitation of some speciee, and 
the unlawful taking of flora and fauna; 
Noting the détérioration in quality of life caused by unwise use of 
biological resources; 
Streaaing that in exercising their sovereign rights over their 
biological resources States hâve a responsibility to use and develop them 
in a sustainable manner and to conserve biological diversity; 
Streaaing the importance of and need to promote coopération among 
States and international governmental and non-governmental organizations in 
a coordinated and comprehensive régional and global approach for the 
conservation of biological diversity and sustainable use and development of 
its components in areae both under and beyond national jurisdiction and 
control; 
Avare that the conservation of naturel habitats and the maintenance of 
viable populations of species in natural surroundings are vital components 
of the in-aitu and ex-aitu conservation of biological resources; 
Recognizing to this end the need to set acide areas of natural habitat 
for the conservation of biological diversity and to pursue sustainable 
development outside thèse areas through planning and management which 
conserves biological diversity to the maximum extent possible; 
1 The Group of 77 and China requested that the proposai contained 
in Appendix II to the fifth revised draft Convention on Biological 
Diversity be coneidered with the Preamble. 
UNEP/Bio.Div/N7-INC.5/2 
Page 4 
Avare that the conservation of biological diversity also requires 
spécial meaeuree independent of natural surroundings [which are also 
vitalJ; 
Aware of the benefits from the sharing and diffusion of knowledge 
about biological diversity, its uses and developments, technologies and 
practices favourable to its conservation; 
Acknowledging that spécial provision is required to meet the needs of 
developing countries, including the provision of additional financial 
resources and accees to relevant technologies, bearing in mind that the 
funds can be expected to make a substantiel différence in the world's 
ability to address the lose of biodiversity; 
Accepting that the developed countries and large industriel 
enterprises, including transnational corporations, hâve benefitted from 
their significant rôle in the development and use of biological resources; 
Conaidering that thèse countries and enterprises can help avoid 
additional costs and burdens for developing countries which forgo 
exploitation of their biological resources when acting in accordance with 
this Convention; 
Streaaing the need for States, international organisations and non-
governmental organisations to promote the conservation of biological 
diversity and the wise use and development of its components; 
Noting that action by States and international organisations directly 
and jointly to conserve biological diversity and to use and develop its 
components in a sustainable manner will strengthen coopérative and friendly 
relations among States, and contribute to peace and security for ail 
peoples; and 
Agreeing that existing international arrangements dealing with 
biological resources do not cover, in spite of the progress achieved, ail 
aspects of biological diversity, the sources of threats to it and the wise 
use and development of biological resources. 
Hâve agreed as followe: 
Article 1. Objectivée 
[The objective of this Convention is to conserve the maximum possible 
biological diversity for the benefit of présent and future générations and 
for its intrinsic value, [and to provide for the fair and équitable sharing 
of the benefits of research in biotechnology arising out of conservation of 
the biological diversity. This is to be achieved) by ensuring that the use 
of biological resources is sustainable; [by providing adéquate, new and 
additional funding to the developing countries] [by taking account of the 
need to share costs and benefits between developed and developing 
countries,] and by [securing] [providing] économie and légal conditions 
favourable for the transfer of technology (to them on preferential and non-
commercial terme] neceeeary to accomplieh this objective.] 
/. 
UNEP/Bio.Div/N7-INC.5/2 
Page 5 
Article 2. Uae of Terms for the Purpose of thia Convention 2 
[For the purposes of this Convention: 
"ALIEN SPECIES" means a species occurring in a particular country or area 
outside its historically known natural range, as a result of intentional or 
accidental dispersal by human intervention. 
"BIOLOGICAL DIVERSITY (OR BIODIVERSITY)" means the variety of and 
variability among living organisms 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 part 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 
sy8terns, living organisms, or derivatives thereof, to make or modify 
products or processes for specific use.* 
"CONSERVATION OF BIOLOGICAL DIVERSITY" means the preservation (or integral 
protection), maintenance, sustainable use, recovery and enhancement of the 
components of biological diversity. 
"CONSERVATION": see conservation of biological diversity. 
COUNTRY PROVIDING GENETIC MATERIAL/RESOURCES means the country supplying 
genetic resources collected from in-aitu 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.* 
COUNTRY OF ORIGIN OF GENETIC RESOURCE 3 means the country which possesses 
those genetic resources in in-8itu conditions.* 
"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 an ecological 
unit. 
"ENDANGERED SPECIES" means a species in danger of extinction and whose 
survival is unlikely if the causal factors continue operating. 
"ENDEMIC SPECIES" means a species whose natural geographic distribution is 
restricted to a specific area or country. 
2 Terms followed by "*" were proposed by a sub-working group of 
Working Group II but not discussed by the Working Group itself. 
3 Definition proposed by the chairman of the sub-working group of 
WG.li on the basis of informal consultations with some members of the sub-
working group. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 6 
EX-SITU CONSERVATION means the conservation of components of biological 
diversity (genetic material, organisais, populations) outside their natural 
surroundings.* 
GENETIC MATERIAL means any material of plant, animal, microbial or other 
origin containing functional units of heredity.* 
GENETICALLY MODIFIED ORGANISMS means organisais in which the genetic 
material has been altered in a way that does not occur naturally by mating, 
recombination, or natural sélection.* 
GENETIC RESOURCES means genetic material of actual or potentiel value.* 
"HABITAT" means the place or type of site where an organisai or population 
naturally occurs. 
"INDIGENOUS POPULATIONS": it is advised that the word "populations" be 
substituted by the word "people" when used for humans. 
"INDIGENOUS SPECIES" means a species occurring in the wild in a particular 
area or country, within its known natural range. 
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 species, in 
the surroundings where they hâve developed their distinctive properties.* 
"NONTERRESTRIAL SPECIES" means organisais not relying on the land for a 
significant aspect of their life cycle. 
"PROTECTED AREA" means a geographically defined area which is designated or 
regulated, and managed to achieve spécifie conservation objectives. 
"RATIONAL USE OF BIOLOGICAL DIVERSITY" means the use of components of 
biological diversity in a way and at a rate that does not lead to their 
long term décline. 
"SPECIES THREATENED WITH EXTINCTION": see threatened species. 
"TERRESTRIAL SPECIES" means organisais relying on the land for a 
significancant aspect of their life cycle. 
"THREATENED SPECIES" means species that are either endangered or 
vulnérable. 
"UTILIZATION/USE OF BIOLOGICAL DIVERSITY": see rat ion al use of biological 
diversity. 
"WILD SPECIES" means a species which has not been deliberately modified by 
humans. 
"(WILDLIFE) CORRIDORS" means routes or avenues to ensure completion of life 
cycles and unimpeded migrations and gène flows.] 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 7 
[Article 3, Fundamental Principles 4 
The following fundamental principles shall guide the Contracting 
Parties in the achievement of the objectives of this Convention: 
1. The conservation of biological diversity is a [matter of] common 
concern of all humankind and requires cooperation by all Contracting 
Parties. 
2. The Contracting Parties have as States the sovereign right to exploit 
their own biological resources pursuant to their own environmental policies 
and the responsibility: 
(a) For the conservation and sustainable use of their biological 
resources; and 
(b) For ensuring that activities within their jurisdiction or control 
do not cause damage to the biological diversity of other States or of areas 
beyond the limits of national jurisdiction. 
3. The fundamental requirement for the conservation of biological 
diversity is the in-aitu conservation of ecosystems and natural habitats 
and the maintenance and recovery of viable populations of species in their 
natural surroundings, fix-situ measures, preferably in the country of 
origin, also have an important role to play. 
4. Conservation of biological diversity, particularly of migratory 
species and their habitats, cross-border ecosystems and areas beyond the 
jurisdiction of each State Party, requires international cooperation in 
addition to the national effort that strengthens it. 
5. While recognizing that remedying damage to biological diversity is 
important, it is vital to anticipate, prevent and attack the causes of 
reduction or loss of biological diversity at source. 
6. Where there is a threat of [serious or irreversible damage to] 
[significant reduction or loss of] biological diversity, lack of full 
scientific certainty shall not be used as a reason for postponing 
[measures] [actions] to avoid or minimize such a threat. 
7. The value of the contribution of biological resources and of 
maintenance of biological diversity and the uneven distribution of these 
resources among countries are to be recognized and reflected in economic 
and financial arrangements among them, with the countries benefiting most 
from biological diversity carrying the main responsibility for the cost of 
it8 conservation. 3 
8. The benefits of research and development derived from biomaterial 
taken from developing countries are to be made available to those 
developing countries. 5 
4 The Group of 77 and China requested that the proposal contained 
in Appendix II to the fifth revised draft Convention on Biological 
Diversity be considered in conjunction with this Article. 
5 Paragraphs 7-10 were transferred by WG.I to WG.II for 
consideration. 
UNEP/Bio.Div/N7-INC.5/2 
Page 8 
[8. Countries providing genetic material located within their national 
juriediction ehall ehare in benefite from the reeearch and the development 
which make uee of that genetic material.] s,6 
9. Technology related to coneervation of biological divereity and the 
suetainable use and development of its components is to be transferred to 
developing countries on a préférentiel and non-commercial basis. 5 
10. Technology related to conservation of biological diversity and the 
suetainable use and development of biological resources is to be developed 
jointly by the owners of the resources and those with financial, scientific 
and technical resources. s 
11. Countries are to gain directly from ail the contributions that 
biological resources within their juriediction or control make to 
environment protection, économie development and better health and quality 
of life in other countries. 
12. Practices and innovations developed in the course of traditional life 
and by indigenous [peoples] (communities] [populations] which contribute to 
the wise and suetainable use of biological resources and conservation of 
biological diversity are to be recognized and rewarded. 
13. The additional burden on developing countries arising out of 
protection of their biological diversity requires new and additional 
funding to be provided by the developed countries through a new 
multilatéral fund to be established under this Convention. 
14. Access to genetic material and substances and products derived from 
them or to technology related or contributing to the conservation of 
biological diversity which are within the juriediction or control of a 
State is to be [open] [on the basis of mutuel agreements]. 
[14. Access to genetic material [and substances and products derived from 
them] or to technology related or contributing to the conservation of 
biological diversity which are within the jurisdiction or control of a 
State is to be [open] [on the basis of mutuel agreements]. 7 
15. The application of biotechnology may involve risks and requires 
regulatory approachee involving safeguards for health and the environment. 
16. Patent Systems may hâve unwanted eocio-economic effects for developing 
countries and small farmers. 
5 Paragraphe 7-10 were transferred by WG.I to WG.II for 
considération. 
6 Provisional formulation to replace Article 3, paragraphe 8 and 
12. 
7 Provisional formulation to replace Article 3, paragraph 14 with 
the text in the tiret eet of square brackets (beginning with the words "and 
substances and") to be deleted. 
UNEP/Bio.Div/N7-INC.5/2 
Page 9 
17. Biotechnology contributes to the conservation and sustainable use of 
biodiversity, which requires a wide genetic base. * 
[17. The maintenance of a wide genetic base is necessary for biotechnology 
to be able to contribute to conservation and sustainable use of biological 
diversity.]] 9 
[Article 4. General Obligations 10 
1. (Each Contracting Party] [The Contracting Parties] shall take (in 
accordance with (the means at [their] [its] disposai [,] [and]] [its] 
[their] capabilities] [and [its] [their] national plans, programmes and 
priorities), [ail] [possible] (appropriate) measùres (in accordance with 
the provisions of this Convention] [to ensure] [consistent with] the 
conservation of [the maximum possible] biological diversity and the 
sustainable use [and the development] of its components within [the area 
under) [its] [their] national jurisdiction [or control]. 
[They shall ensure that activities within their jurisdiction [or 
control] do not cause damage to the biological diversity of other States or 
of areas beyond the limite of national jurisdiction.] 
[They shall ensure that the [measùres of ] conservation of biological 
diversity and the sustainable use [and the development] of its components 
are (as far as possible appropriately integrated into national plans and 
policies.] [Treated as an intégral part of national (development] plans 
and are taken duly into account in ail relevant sectoral policies and 
législation.]] 
[The Contracting Parties shall cooperate on a global bas le and, as 
appropriate, on a régional basis, directly or through appropriate 
international organisations with a view to ensuring the conservation of 
biological diversity in areas beyond national jurisdiction.] 
The Contracting Parties shall cooperate with each other and with or 
through such international organisations as they may deem appropriate in 
coordinating their activities and in supporting and assisting each other in 
fulfilling their obligations under the présent Convention [related to 
biological diversity and] [biotechnology] [relevant aspects of 
biotechnology]. [including health, food and industriel processes]. 
2. [To thèse ends, the Contracting Parties shall in accordance with the 
means at their disposai and their capabilities:] 
(a) Cooperate in the development of agreed measùres, procédures, 
technologies, practices and standards for the implementation of this 
Convention, [where appropriate with a view to the adoption of protocols and 
annexes]; 
As recommended by the Lawyers* Meeting, if retained, paragraphe 
15, 16 and 17 should be relocated in the Preamble since they are statements 
of fact. 
9 Provisional formulation to replace Article 3, paragraph 17. 
10 The Group of 77 and China requested that the proposai contained 
in Appendix II to the fifth revised draft Convention on Biological 
Diversity be considered with this Article. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 10 
(b) Foster favourable économie and légal conditions for the 
sustainable use and development of biological diversity and ite components; 
(c) Ensure measures are taken to conserve natural habitats and viable 
populations of species in natural surroundings; 
(d) Provide, establish and implement procédures for assessing the 
impact on biological diversity of proposed policies, programmée and 
projecte where euch an impact may be significant; 
(e) Provide individually, or in coopération with other States and 
international organisations, [new and additional] financial resources and 
other forma of coopération for programmes which support implementation of 
the provisions of this* Convention, taking into considération the spécial 
situations and needs of developing countries [.] [and lose of opportunities 
for alternative uses of biological resources foregone because of measures 
taken pursuant to this Convention]. 
(f) Promote and support scientific research individually and jointly 
with other Contracting Parties and international organisations; 
(g) Promote public awareness of the need to conserve biological 
diversity and the wise use and development of its components through 
éducation and the dissémination of gênerai information; 
(h) Facilitate the exchange of information among themselves and with 
international organisâtione; 
[(i) Taking into coneideration the spécial needs of developing 
countries, cooperate with the aira of eneuring the capacity of developing 
countries to implement the provisions of the présent Convention through 
national institutions and législation.]] 
The text below contained in double aquare bracketa ia 
an alternative in lieu of the whole of Article 4. 
[[Each Contracting Party shall, [in accordance with the means at its 
disposai and its national plans, programmes and priorities] [as far as 
possible and as appropriate,] [as far as practicable and as appropriate and 
consistent with Articles 5 to ... endeavour to] implement the measures set 
down in this Convention [with a view to ensuring] [to promote]: 
(a) The conservation of [the maximum possible] biological diversity 
and the sustainable use of its components [in areas within the limits of 
national jurisdiction]; 
(b) That activities under its jurisdiction or control do not cause 
damage to the biological diversity in areas within the limits of the 
national jurisdiction of other States or beyond the limits of national 
jurisdiction; and 
(c) Through international including régional coopération, the 
conservation and sustainable use of biological diversity in areas beyond 
the limits of national jurisdiction.] 
[States shall implement this Convention and its protocols consistent 
with the rights and obligations reflected in the 1982 United Nations 
Convention on the Law of the Sea.] 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 11 
[Article .... Coopération 
The Contracting Parties shall co-operate directly or through 
international organizations, where appropriate, in coordinating their 
activities in supporting and assisting each other in fulfilling their 
obligations under this Convention, particularly taking into considération 
the needs of developing countries.]] 
Article 5. Implementation Meaaurea " 
1. Each Contracting Party shall, in accordance with the particular 
conditions and capabilities in each country: 
(a) Develop national stratégies, plans or programmes for the 
conservation and sustainable use of biological diversity or adapt for this 
purpo8e existing stratégies, 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 divers ity into relevant 
sectoral or cross-sectoral plans, programmes and policies. 
[2. Each Contracting Party may take or maintain stricter conservation 
measures than those provided for in the présent Convention.] u 
Article 6. Identification and Honitoring 
Each Contracting Party shall, as far as possible and as appropriate in 
particular for the purposes of Articles 7 to 10: 
(a) Identify components of biological diversity with respect to which 
it exercises sovereignty, sovereign rights or jurisdiction important for 
its conservation and sustainable use, [having regard to those identified in 
Annex ...] [and other international agreements to which it is a party]; 
(b) Monitor through sampling and other techniques, the components of 
biological diversity identified pursuant to paragraph (a), and paying 
particular attention to those requiring urgent conservation measures and 
those which offer the greatest potential for sustainable use; 
(c) Identify processes and activities with respect to which it 
exercises sovereignty, sovereign rights or jurisdiction which hâve or are 
likely to hâve significant adverse impacts on the conservation and 
sustainable use of biological diversity [having regard to those processes 
and activities set down in Annex ... ] and monitor through sampling and 
other techniques their effects; 
(d) Maintain and organise by any mechanism data derived frora 
identification and monitoring activities pursuant to paragraphs (a), (b) 
and (c) of this Article; 
11 One délégation proposed the new title of Article 5 to read 
"General Conservation Measures". It was agreed that further considération 
should be given to the title of this Article. 
12 Agreement on the content and location of this paragraph was 
delayed pending discussion of Article 23. 
UNEP/Bio.Div/N7-INC.5/2 
Page 12 
(e) [Cooperate] [Cooperate through mutual agreements] with other 
Contracting Parties, directly or [as appropriate] [where necessary] through 
relevant organisations, (if appropriate] in identifying and monitoring 
components of biological diversity, processes and activities pursuant to 
paragraphs (a) to (d) of this Article, in respect of transboundary matters 
and areas beyond national jurisdiction. u 
Article 7. In-aitu Conservation 
Each Contracting Party shall, as far as possible and as appropriate: 
(a) Establish a system of protected areas [, and associated wildlife 
corridors for those components of biological diversity identified pursuant 
to Article 6] 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 whether within or outside 
protected areas with a view to ensuring their conservation [and] [,] 
sustainable use [and sustainable development]; 
[(d) Provide financial and other assistance for new and existing 
programmes supporting the protection of ecosystems, natural habitats and 
the maintenance of viable populations of species in natural surroundings, 
with particular attention to technology and the needs of developing 
countries;] I4 
(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) Regulate the development, use and release of genetically modified 
organisms which may have (adverse effects on health] [adverse effects on 
the conservation and sustainable use of biological diversity];] w 
(h) Prevent the introduction of, control or eradicate those alien 
species which threaten ecosystems, habitats or species; 
(i) Endeavour to provide in so far as possible [on the basis of 
national legislation and in accordance with national programmes, plans and 
priorities] economic incentives, legislation, and the condition needed for 
compatibility between present uses [in all relevant sectors including 
agriculture, forestry and fisheries] and the conservation of biological 
u • This paragraph was not agreed upon. It was produced as a result 
of consultation with those two delegations who had difficulty with it and 
takes into account their concerns. 
14 As recommended by WG.II, WG.I, during the sixth negotiating 
session/fourth session of INC, decided to postpone the discussion of this 
sub-paragraph until WG.II completes its work on Articles 21 and 22. 
15 Provisionally accepted pending discussion of Article 20. 
UNEP/Bio.Div/N7-INC.5/2 
Page 13 
diversity and the sustainable use of its components (taking into account 
the circumstances of countries with économies in transition] [taking into 
account the needs of developing countries]; w 
(j) Subject to its national législation 17 respect, record, protect 
and promote the wider application of knowledge, innovations and practices 
of indigenous and local communities embodying traditional lifestyles 
relevant for the conservation and sustainable use of biological diversity 
with the involvement of the holders of such knowledge, innovations and 
practices and to share equitably the benefits arising from the utilisation 
of such knowledge, innovations and practices; 
[(k) Develop or maintain necessary législation and/or other regulatory 
provisions for the protection of threatened species, populations and 
varieties (as identified in Article 6];] 
((1) Regulate or manage processes and activities which hâve or are 
likely to hâve a significant adverse effect on biological diversity]. 
Article 8. Ex-aitu Conservation 
Each Contracting Party shall, as far as possible and as appropriate [, 
and for the purpose of complémenting in-aitu measures]: 
(a) Adopt measures for the ex-situ conservation of components of 
biological diversity (identified pursuant to Article 6] [preferably in the 
country of origin) [country possessing such components of biological 
diversity in-situ], 
((To complément in-situ measures] (; where providing adéquate in-m±tu 
facilities to conserve the species (components of biological diversity] is 
impracticable or not feasible]]. 
(b) Establish and maintain facilities for ex-situ conservation of and 
research on plants, animais and micro-organisms (preferably in the country 
of origin]; 
(c) Adopt measures for the recovery and rehabilitation of endangered 
species and for their reintroduction into their naturel habitats under 
appropriate conditions; 
(d) Regulate [manage or control] collection of biological resources 
from naturel habitats for ex-situ conservation purposes so as not to 
threaten écosystème and in-aitu populations of species [ensuring that they 
are not exploited for commercial purposes]; 
16 Discussion of this paragraph was postponed pending the outcome of 
the discussion of Article 11. 
17 The référence to national législation at the beginning of the 
text was made to accommodate the specif icity of the légal System of one 
State. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 14 
((e) Financial and other assistance to facilitate the establishment 
and maintenance of ex-aitu conservation facilities in developing 
countries.] u 
[Article 9 
For Contracting Parties which are developing countries the obligations 
under Articles 5, 7 and 8 of this Convention would be subject to the 
provision to them of technical resources, as appropriate, and of adéquate, 
new and additional financial resources covering on a grant basis the entire 
cost to them for fulfilling their obligations under those articles.] 
Article 10. Suatainable Oae of Componenta of Biological Diveraity 
Each Contracting Party shall, as far as possible and as appropriate: 
(a) Integrate considération of the conservation and sustainable use 
of biological resources into national décision making; 
(b) Adopt measures relating to the use of biological resources to 
avoid or minimise adverse impacts on biological diversity; 
(c) Protect and encourage customary use of biological resources in 
accordance with traditional culturel practices that are compatible with 
sustainable use requirements; 
(d) Support local populations to develop and implement remédiai 
action in degraded areas where biological diversity has been reduced; 
(e) Encourage coopération between governmental authorities and 
private sector in developing méthode for sustainable use of biological 
resources. 
[Article 11. Incentive Measures 
1. Each Contracting Party shall, as far as possible and as appropriate, 
[consider] [take] effective économie and social incentive measures [as 
indicated in Annex .... ] to encourage the conservation and sustainable use 
of biological diversity. 
[2. In determining such measures, each Contracting Party shall take into 
account, inter aliaz 
(a) Economie and social polieies which act as incentives to conserve 
biodiversity; 
(b) The effect of: 
(i) Institutional arrangements; 
(ii) Systems of rights to use biological resources; 
(iii) International trade policies; and 
18 As recommended by WG.II, WG.I, during the sixth negotiating 
session/fourth session of INC, decided to postpone the discussion of this 
sub-paragraph until WG.II complétée ite work on Articles 21 and 22. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 15 
(iv) Pricing policies on the conservation and sustainable use of 
biological diversity.] 
[3. The Conférence of the Parties shall establish at its first meeting a 
group of experts to develop guidelines for determining the value 
[ecological, économie, aesthetic and culturel] of biological diversity. 
(National plans prepared in accordance with Article 5 may, where 
appropriate, contain case studios of the value of biological diversity.]]] 
Article 12. Reaearch and Training 
The Contracting Parties taking into account the spécial needs of 
developing countries shall: 
(a) Establish and maintain programmes for scientific and technical 
éducation and training in measures for the identification, conservation and 
sustainable use of biological diversity and its components and provide 
support for such éducation and training for the spécifie 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 décisions of the 
Conférence of the Parties taken in conséquence of recommendations of the 
Scientific Committee] [inter allai 
(i) Increased knowledge of the components of biological 
diversity and their rôle in the functioning of écosystème; 
(ii) Increased knowledge of the impact of naturel and human 
factors affecting the conservation of biological diversity, 
including social studies; 
(iii) Application of this knowledge for sustainable use of 
biological diversity; 
(iv) Development of technologies and other measures for the 
conservation and sustainable use of biological diversity 
(including of biotechnology in line with the objectives of 
this Convention]; and 
(v) Estimation of économie and social values of biological 
resources;] 19 
(c) In keeping with the provisions of Articles 17, 19 and 21, 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 Awareneaa 
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 média, and the inclusion of thèse topics in 
educational programmes; 
19 Some délégations considered that, if there were to be a liât, it 
should be located in an annex. 
20 The content of subparagraph (c) may be covered by one of the 
bracketed provisions of subparagraph (b). 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 16 
(b) Cooperate, as appropriate, with other States and international 
organisations in developing educational and public awareness programmes, 
with respect to conservation and sustainable use of biological diversity. 
Article 14. [Impact AaaeaamentJ [Minimizing Adverae ImpactaJ 
Each Contracting Party, as far as possible and as appropriate ehall: 
(a) Introduce appropriate procédures requiring assessment of the 
environmental effects of proposed projects that are likely to hâve 
significant adverse effects on biological diversity [whether within or 
beyond the limite of national jurisdiction] with a view to avoiding or 
minimising such effects and, where appropriate, allow for public 
participation in euch procédures. 
(b) Introduce appropriate arrangements to ensure that the 
environmental conséquences (whether within or beyond the limits of national 
jurisdiction] of programmes and policies that are likely to hâve 
significant adverse impacts on biological diversity are duly taken into 
account. 
(c) Promote, on the basia of reciprocity, notification, exchange of 
information and consultation about activities under their jurisdiction or 
control which are likely significantly to adversely affect the biological 
diversity of other States n or areas beyond the limits of national 
jurisdiction, by encouraging the conclusion of bilatéral, régional or 
multilatéral arrangements as appropriate. a 
[(d) Thoee responsible for activities which threaten or could [damage] 
[cause significant loss of] biological diversity are responsible for the 
costs of avoiding that threat or damage and for remédiai action directly or 
through financing where damage occurs.] s 
[(e) In the case of imminent or grave danger or damage originating 
under its jurisdiction [or control] to biological diversity within the area 
under jurisdiction [or control] of other States or in areas beyond the 
limits of national jurisdiction [or control], notify immediately the 
potentially affected States of such danger or damage, and establish the 
neces8ary procédures for that purpose, as well as initiate [at source] 
action to prevent or minimise such danger or damage.] 
[Be responsible for the cost of avoiding or minimising threats or 
damage to biological diversity beyond the limits of the areas under its 
national jurisdiction resulting from activities within its jurisdiction or 
control and, where such damage occurs for the costs of remédiai action and, 
where it is not possible to return the biological diversity to*the status 
quo ante, for compensation.] 
21 Upon the next reading ail paragraphe using words "Contracting 
Parties" or "States" need to be reconsidered to achieve consistency. 
22 During the sixth negotiating session/fourth session of INC, the 
text "(as well as for the establishment of contingency plans to address 
situations affecting biological diversity]" was deleted from this sub-
paragraph. While the importance of the issue of "contingency plans" was 
not contested, WG.I decided that, at the next reading, considération should 
be given as to the précise location of the concept reflected in the deleted 
text. 
23 During the sixth negotiating session/fourth session of INC, this 
text was moved from Article 3, paragraph 11. 
UNEP/Bio.Div/N7-INC.5/2 
Page 17 
[Establish procedures for international cooperation for the control, 
mitigation of damage or restoration of biological diversity, when the 
affected Party or the Party of the origin of damage is not able to address 
it individually.]] * 
[(f) Support and cooperate in the development and implementation of 
international arrangements for emergency responses to activities or events 
whether caused naturally or otherwise which [presents a grave and imminent 
danger to] [threaten] biological diversity;] * 
((g) The Conference of the Parties shall [adopt a protocol setting 
down rules of procedures] [consider the need to adopt measures] relating to 
liability and compensation for damage to biological diversity.] * 
[Article 15. Global Lists * 
Alternative 1 
1. [A Global List of Biogeographic Areas of Particular Importance for the 
Conservation of Biological Diversity and a Global List of Species 
Threatened with Extinction on a Global Level shall be established pursuant 
to the procedures set down in Article 25.] [A List of [Components of] 
Biological Diversity of (Outstanding Global Importance] shall be 
established, pursuant to the procedures set out in Article 25.] 
[2. Inclusion of an area on the List of Biogeographic Areas of Particular 
Importance requires the consent of the State or States concerned. 
3. Contracting Parties, in fulfilling their obligations under this 
Convention shall [, so far as possible, and as appropriate for each 
Contracting Party,] give priority to areas and species on the Global 
List8. 
4. Inclusion of areas or species on the Lists shall not prejudice the 
rights of States over areas in respect of which more than one State claims 
sovereignty or jurisdiction.]] 
Alternative to paragraph 1 XI 
[A List of Areas of Outstanding Global Importance shall be established 
pursuant to procedures to be determined by the Conference of the Parties at 
its first meeting.] 
24 During the sixth negotiating seesion/fourth session of INC, this 
text was moved from Article 4, paragraph 2 (f). 
25 During the sixth negotiating session/fourth session of INC, this 
text was moved from Article 4, paragraph 2 (i). 
26 The location of this paragraph was not finalised by WG.I. 
27 An alternative proposal was made to delete the whole of 
Article 15 with subsequent deletion of Article 25. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 18 
Article 16. [RegulatedJ Access to Genetic Resources 
1. Recognising the sovereign rights of States over their natural 
resources, the authority to détermine access to genetic resources reste 
with the national governotents and is subject to national législation. 
2. Each Contracting Party shall endeavour to croate 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. Access, where granted, shall be on mutually agreed terme and subject 
to the provisions of this Article. 
4. Access to genetic resources shall be subject to prior informed consent 
of the Contracting Party providing such resources, unless otherwise 
determined by that Party. 
5. Each Contracting Party shall endeavour to develop and carry out 
scientific research based on genetic resources [originating in other 
Contracting Parties and/or] provided by other Contracting Parties with the 
full participation of, and where possible in such Contracting Parties. 
6. Each Contracting Party shall take the appropriate measures, in 
accordance with Articles 17 to 23 and where necessary through the financial 
mechani8ms established by Articles 21 and 22, to [promote and advance] 
[ensure] fair and équitable sharing of the results of research [products 
developed] and the benefits arising from the [commercial and other] 
utilisation of genetic resources with the Contracting Parties [of origin 
and/or the Contracting Parties] providing such resources. 
Article 17. 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 éléments 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 to 
developing countries shall be provided and/or facilitated under [fair and 
reasonable] [fair and most favourable] [préfèrential and concessional] 
conditions and, where necessary, in accordance with the financial mechanism 
established by Articles 21 and 22. 
3. Each Contracting Party shall take législative, administrative or 
policy measures, as appropriate, with the aim that Contracting Parties [in 
particular those] that are developing countries which [are of origin 
and/or] provide genetic resources are provided access to and transfer of 
technology which makes use of those resources, on mutually agreed terme 
[notwithstanding patents and other intellectual property rights]. * 
28 Some délégations stated that this paragraph may be subject to a 
review mechanism which may be introduced in this Article or at another 
appropriate place in this Convention. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 19 
4. Each Contracting Party shall take législative, administrative or 
policy measures, as appropriate, with the aim that the private sector 
facilitâtes access to, joint development and transfer of technology 
referred to in paragraph 1 for the benefit of both governmental 
institutions and the private sector of developing countries and in this 
regard shall abide by the obligations included in paragraphe 1, 2 and 3 of 
this Article. 
5. The Contracting Parties, recognising that patents and other 
intellectual property rights may hâve an influence on the implementation of 
the présent Convention, shall cooperate in this regard subject to national 
législation and international law in order to ensure that such rights are 
supportive of and do not run counter to the objectives of this Convention. 
Article 18. Exchange of Information 
1. The Contracting Parties shall facilitate the exchange of information 
relevant to the conservation and sustainable use of biological diversity, 
taking into account the spécial needs of developing countries. 
2. Such exchange of information shall include exchange of (publicly 
available] results of technical, scientific and socio-economic research, as 
well as information on training and surveying programmes, specialised 
knowledge, indigenous and traditional knowledge as such and in combination 
with the technologies referred to in Article 17, paragraph 1. It shall 
also, where feasible, include repatriation of information. 
Article 19. Technical and Scientific Coopération 
1. The Contracting Parties shall promote international technical and 
scientific coopération 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 
coopération 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 
coopération, spécial attention should be given to the development and 
strengthening of national capabilities, by means of human resources 
development and institution building. 
3. The Conférence of the Parties, at its first meeting, shall détermine 
how to establish a clearing-house mechanism to promote and facilitate 
technical and scientific coopération. 
4. The Contracting Parties shall, in accordance with national législation 
and policies, encourage and develop methods of coopération 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 coopération 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. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 20 
Article 20. Handling of Biotechnology and 
Diatribution of ita Benefita 
1. Each Contracting Party shall take appropriate measures to [promote and 
advance] [ensure] the participation in biotechnological research activities 
by those Contracting Parties, especially developing countries, [of origin 
and/or those Contracting Parties] which provide the genetic resources for 
such research. 
2. Each Contracting Party shall [ensure priority access] [promote and 
advance fair and équitable access] [take appropriate measures to promote 
and advance priority access] by Contracting Parties, especially developing 
countries, to the results and benefits arising from biotechnologies based 
upon genetic resources [originating in and/or] provided by those. 
Contracting Parties. Such access shall be on mutuelly agreed terme. 
3. Each Contracting Party shall require any naturel or légal person under 
its jurisdiction who intends to introduce in another Contracting Party 
genetically modified organisms [biotechnology products] which may hâve an 
adverse impact on the [conservation and sustainable use of biological 
resources in] [environnent of) that Contracting Party to obtain the 
[advance agréeront) [prior informed consent] of that Contracting Party. 
Such [agreement] [consent] ehall be in accordance with procédures to be 
established by the Conférence of the Parties. 
4. Bach Contracting Party providing genetically modified organisms 
(biotechnology products] shall require any naturel or légal person under 
its jurisdiction to provide any available information about the use and 
safety régulations required by that Contracting Party in handling 
genetically modified organisms (biotechnology products], as well as any 
available information on the potentiel adverse impact of the spécifie 
genetically modified organisms [biotechnology products] concerned to the 
Contracting Party into which those organisms (products) are to be 
introduced. * 
Article 21. Financial Resources x 
1. Each Contracting Party undertakes to provide, in accordance with its 
capabilities, financial support and incentives in respect of those 
activities which are intended to [achieve the objectives of this 
Convention] [contribute to the conservation and sustainable use of 
biological diversity) in accordance with its national plans, priorities and 
programmes. 31 
* Some délégations expressed the view that the substance of 
paragraphe 3 and 4 were not needed. 
30 Some délégations noted at the fifth negotiating session/third 
session of INC that the final outeome of this article would be closely 
related to the final text of Article 1 and Article 22. 
31 Basic text proposed by an informai Sub-Working Group of WG.II at 
the fifth negotiating session/third session of INC. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 21 
Alternative 1 for paragraph 2 to replace alternative 2 
2. The Contracting Parties which are developed countries commit 
themselves to provide adéquate new and additional financial resources to 
enable developing countries to achieve the objectives of this 
Convention. M [Developed countries referred to above do not include 
countries with économies in transition.] * 
Alternative 2 for paragraph 2 to replace alternative 1 
2. The Contracting Parties, and in particular developed countries, 
undertake to provide [new and additional] financial [and other] resources 
to meet the agreed incrémental costs to developing countries of [achieving 
the objectives] [fulfilling the obligations under Articles ...] of this 
Convention. * 
3. The extent to which developing countries are able to (meet the 
objectives] [fulfil the obligations under Articles ...] of this Convention 
will be subject to the availability of [such] resources [to meet agreed 
incrémental costs.] * 
Article 22. Financial Mechanisms 
Alternative 1 * 
[1. There is hereby established a fund, hereinafter called the Biological 
Diversity Fund, for the achievement of the objectives of the Convention by 
developing countries. Contributions to the fund shall be mandatory for 
Contracting Parties which are developed countries according to the formula 
in Annex ... to this Convention. Voluntary contributions may also be made 
by the developed countries and by other countries and sources.] 
[2. The Fund shall be administered [through an agency to be decided by the 
Conférence of the Parties] [in the following manner].] 
(3. Pursuant to the objectives of this Convention, the Conférence of the 
Parties at its first meeting shall establish detailed criteria and 
guidelines for access to and utilization of the Fund, including monitoring 
and évaluation of such utilization.] 
4. The Conférence of the Parties shall review the effectiveness of the 
funding mechanism established under this Article, including the criteria 
and guidelines referred to in paragraph 3, not less than two years after 
the entry into force of this Convention and thereafter on a réguler basis. 
32 Basic text proposed by an informai Sub-Working Group of WG.II at 
the fifth negotiating session/third session of INC. 
33 Bracketed text proposed by Bulgarie, Czechoslovakia, Poland, 
Romania and the USSR at the fifth negotiating session/third session of INC. 
34 Proposai by the United Kingdom with modifications by the United 
States at the fifth negotiating session/third session of INC. 
35 Basic text by an informai Sub-Working Group of WG.II with 
modifications by the United Kingdom and the United States at the fifth 
negotiating session/third session of INC. 
36 Text by an informai Sub-Working Group of WG.II at the fifth 
negotiating session/third session of INC. 
/... 
UNEP/Bio.Div/N7-INC 5/2 
Page 22 
[5. The Contracting Parties shall consider strengthening existing 
financial institutions to provide financial resources for the conservation 
and sustainable use of biological diversity.] 
Alternative 2 to paragraphe 1,2,3 and 5 above 37 
[1. The Contracting Parties, pursuant to the objectives of this Convention 
and taking into considération the spécial needs of developing countries, 
shall establish a [fund] (financial mechanism] to provide the resources 
which Contracting Parties that are developing countries require to meet the 
agreed incrémental costs for complying with the provisions of this 
Convention, access to and tr ans fer of technology referred to in Article 17 
and the benefits of the provisions of paragraph 6 of Article 16. 
Contributions shall be assessed according to the formula in Annex ... to 
this Convention. Additional contributions may also be made by developed 
countries and by other countries and sources.] 
(2. The (fund) [financial mechanism) shall be administered [through the 
evolving Global Environment Facility] [through a Multilatéral Fund for 
Biological Diversity] fthrough an agency to be decided by the Conférence of 
the Parties] [in the following manner ...].] 
[3. Pursuant to the objectives of this Convention, the Conférence of the 
Parties at its first meeting shall [confina] (establish) criteria and 
guidelines [set out in Annex ... to this Convention] for access to and 
utilisation of the [fund] [financial mechanism], including monitoring and 
évaluation of such utilisation.] 
(5. The Contracting Parties shall consider strengthening existing 
financial institutions to support the [fund] [financial mechanism] 
established under this Convention.] 
Article 23. Relatlonahip with Other International Conventions 
[1. The provisions of the présent Convention shall not affect the rights 
and obligations of any Contracting Party deriving front any existing 
international agréeront relating to the conservation and sustainable use of 
biological diversity. * 
2. Any existing international agreement relating to the conservation and 
sustainable use of biological diversity may be renegotiated as a protocol 
to the présent Convention. " 
3. The Contracting Parties shall invite the Parties to any international 
agreement relating to the conservation and sustainable use of biological 
diversity to agrée on arrangements for facilitating joint actions, 
coordination, and exchange of information. ] " 
37 Proposai by the United Kingdom with modification by Mexico at the 
fifth negotiating session/third session of INC. 
34 The language in paragraph 1 leavee open the question of the 
relationship of this Convention with future agreement s. The Committee may 
want to make an express provision for this. 
39 The Lawyers' Meeting felt that this paragraph has the character 
of a recommendation and would invite the Committee to consider the 
necessity of retaining it. 
40 If retained, the Lawyers* Meeting felt this paragraph might more 
appropriately be located in Article 24 as a funetion of the Conférence of 
the Parties. 
/... 
UNEP/BiO.Div/N7-INC.5/2 
Page 23 
[1. The provisions of the présent Convention shall not affect the rights 
and obligations of any Contracting Party deriving from any existing 
international agreement compatible with the conservation and sustainable 
use of biological diversity.] 
Article 24. Conférence of the Partiea 
1. A Conférence of the Parties is hereby established. The first meeting 
of the Conférence of the Parties shall be convened by the Executive 
Director of UNEP not later than one year after the entry into force of this 
Convention. Thereafter, ordinary meetings of the Conférence of the Parties 
shall be held at réguler intervais to be determined by the Conférence at 
its first meeting. 
2. Bxtraordinary meetings of the Conférence of the Parties shall be held 
at such other times as may be deemed necessary by the Conférence, or at the 
written request of any Party, provided that, within (six] [three] months of 
the request being communicated to them by the Secrétariat, it is supported 
by at least one third of the Parties. 
3. The Conférence of the Parties shall by consensus agrée upon and adopt 
ru les of procédure for itself and for any subsidiary body it may establish, 
as well as financial rules governing the funding of the Secrétariat. At 
each ordinary meeting, it shall adopt a budget for the financial period 
until the next ordinary meeting. 
4. The Conférence of the Parties shall keep under review the 
implementation of the présent Convention, and, for this purpose, shall: 
(a) Establish the form and the intervais for transmitting the 
information to be submitted in accordance with Article 28 and consider such 
information as well as reports submitted by any subsidiary body; 
[(b) Review (and approve] scientific (information] [technological 
advice] on biological diversity provided by the Scientific Committee in 
accordance with Article 27;] 
(c) Consider and adopt, as required, in accordance with Articles 32 
and 33, amendaients to this Convention and its annexes; 
(d) 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; 
(e) Consider and adopt, as required, in accordance with Article 33, 
additional annexes to this Convention; 
(f) Consider and adopt, as required, protocols in accordance with 
Article 31; 
(g) Establish such subsidiary bodies as are deemed necessary for the 
implementation of this Convention; 
(h) Consider and undertake any additional action that may be required 
for the achievement of the purposes of this Convention in the light of 
expérience gained in its opération. 
5. The United Nations, its specialised agencies and the International 
Atomic Energy Agency, as well as any State not Party to this Convention, 
may be represented as observera at meetings of the Conférence of the 
Parties. Any other body or agency, whether governmental or non-
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 24 
governmental, qualified in fields relating to conservation and sustainable 
use of biological diversity which has informed the Secrétariat of its wish 
to be represented as an observer at a meeting of the Conférence of the 
Parties, may be admitted unless at least one third of the Parties présent 
object. The admission and participation of observers shall be subject to 
the rules of procédure adopted by the Conférence of the Parties. 
[Article 25. Procedurea for Global Liata 41 
The Conférence of the Parties shall: 
(a) Reçoive from the Contracting Parties inventories of biogeographic 
areas within the limits of their national jurisdiction of particular 
importance for the conservation of biological diversity and inventories of 
speciea found within the limits of their national jurisdiction which are 
threatened with extinction on a global level; 
(b) Select, taking into account the recommendations of the Scientific 
Committee, from the inventories forwarded pursuant to subparagraph (a), 
areas and species to be included in the Global List s; 
(c) Publi8h the Global Liste; 
(d) Establish, taking into account the recommendations of the 
Scientific Committee, guidelines to assist Contracting Parties to sélect 
areas and species for inclusion in the inventories to be forwarded to the 
Conférence of the Parties pur suant to subparagraph (a); 
(e) Establish, taking into account the recommendations of the 
Scientific Committee, criteria for sélecting areas and species for 
inclusion in the Global Lists pursuant to subparagraph (b) [so that they 
may contain areas and species représentative of the greatest feasible 
proportion of biological diversity, with particular regard to threatened 
areas and species]; 
(f) Establish and publish, taking into account the advice of the 
Scientific Committee, guidelines to assist the Contracting Parties to 
manage areas and species on the Global Lists; 
(g) Establish and publish guidelines for the provision of financial 
and other assistance to Contracting Parties where it considers this 
désirable or necessary in connection with areas and species on the Global 
Lists; and 
(h) Ensure that arrangements made in relation to the Global Lists 
complément and strengthen the conservation activities of Contracting 
Parties and international organisations developed and implemented under 
other international agréeronts.] 
41 A proposai was made to delete Article 25 subséquent to deletion 
of Article 15 (Global Lists). 
UNEP/Bio.Div/N7-INC.5/2 
Page 25 
Article 26. Secrétariat 
1. A Secrétariat ie hereby established. Its functions shall be:. 
(a) To arrange for and service meetings of the Conférence of the 
Parties provided for in Article 24; 
[(b) To a8sist the Conférence of the Parties and the Scientific 
Committee in performing their functions with regard to establishment and 
functioning of the Global Lists pursuant to the provisions of Article 15 of 
the présent Convention as well as assist in facilitating and promoting 
transfer of technology and knowledge and technical coopération pursuant to 
the provisions of Articles 17 and 19 of the présent Convention;] 
[(c) To maintain the Global Lists referred to in Article 15 of the 
présent Convention;] 
(d) To perforai the functions assigned to it by any Protocol; 
(e) To prépare reports on the exécution of its functions under this 
Convention and présent them to the Conférence of the Parties; 
(f) To coordinate with other relevant international bodies, and in 
particular to enter into such administrative and contractuel arrangements 
as may be required for the effective discharge of its functions; 
(g) To perforai such other functions as may be determined by the 
Conférence of the Parties. 
2. The secrétariat functions will be carried out on an intérim basis by 
the Secrétariat of the United Nations Environment Programme until the 
completion of the first ordinary meeting of the Conférence of the Parties 
held pursuant to Article 24. At its first ordinary meeting, the Conférence 
of the Parties shall designate the secrétariat from amongst those existing, 
compétent international organisations which hâve signified their 
willingness to carry out the secrétariat functions under this Convention. 
Article 27. [Scientific] and [Technical] [Technologieal] [Committee] 
[Subsidiary Bodies for Scientific and Technological Coopération] 
Alternative 1 
(The Conférence of the Parties shall at its first meeting establish 
such subsidiary bodies for providing scientific and [technical] 
(technological] advice as required for the implementation of the 
Convention.] 
Alternative 2 
([1. The Conférence of the Parties shall at its first meeting establish a 
Scientific and (Technical] [Technological] Committee with a balanced 
régional représentation.] 
[1. A Scientific and [Technical) [Technological) Committee is hereby 
established. The Conférence of the Parties shall, at its first meeting, 
appoint the members of the committee with a balanced régional 
représentation.] 
[, whose advice will be based on the considérations outlined in Annex .•. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 26 
ANNEX ... 
Considérations for the Scientific and Technical Committee 
Pursuant to Article 27, the Scientific and Technical Committee 
will provide scientific and technical advice to the Conférence of 
the Parties taking into account the following considérations: 
1. Articles 5 - ... of this Convention; 
2. National, régional and global concerns; 
3. National, régional and global plans, liste and priorities; 
4. Other régional and global agréeronts, mechanisms, technologies and 
sources of funding; 
5. The relative eignificance among spécies, subspecies, écosystème and 
areas; 
6. Conservation management effectiveness.] 
2. The Committee shall under the direction of the Conférence of the 
Parties provide scientific and [technical] [technological] advice to assist 
the Conférence of the Parties to promote thë objectives of the Convention.] 
Article 28. Reports 
Each Contracting Party shall, at intervais to be determined by the 
Conférence of the Parties, [submit] [présent] to the Conférence of the 
Parties, reports on: 
The actions which it has taken for the implementation of this 
Convention [including, in particular, those pursuant to Articles 5 and 
17-21 of this Convention] [and its view on the effectiveness of those 
actions and on the state of components of biological diversity within 
the limits of its national jurisdiction.] 
Article 29. Operational Coat 
1. Expenses incurred in respect of the technical and scientific 
coopération referred to in Article 19 shall be borne by the Biological 
Diversity Fund. The expenses incurred in opérâting the Biological 
Diversity Fund shall also be borne by that Fund. 
Article 30. Settlement of Disputes *2 
1. In the event of a dispute between Contracting Parties concerning the 
interprétation or application of this Convention, the parties concerned 
shall seek solution by negotiation. 
42 Although most environmental conventions provide a single System 
of dispute resolution for ail articles (e.g., Vienna Convention for 
Protection of the Ozone Layerf, some environmental conventions hâve limited 
the applicability of some dispute resolution mechanisms to specified 
articles (e.g., Protocol on Environmental Protection to the Antarctic 
Treaty, articles 19 and 20; U.N. Convention on the Law of the Sea, 
articles 286, 297-298). 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 27 
2. If the Parties concerned cannot reach agreement by negotiation, they 
may jointly seek the good offices of, or request médiation by, a third 
party. 
3. When ratifying, accepting, approving or acceding to this Convention, 
or at any time thereafter, a State or régional économie intégration 
organisation may déclare in writing to the Depositary that for a dispute 
not resolved in accordance with paragraph 1 or paragraph 2 above, it 
accepte one or both of the following means of dispute settlement as 
compulsory: 
(a) Arbitrâtion in accordance with the procédure laid down in [Part 1 
of] Annex I; 
(b) Submission of the dispute to the International Court of Justice. 
4. Alternative 1. If the parties to the dispute hâve not, in accordance 
with paragraph 3 above, accepted the same or any procédure, the dispute 
shall be submitted to conciliation in accordance with Annex I, part 2 
unless the parties otherwise agrée. 
Alternative 2. If the parties to the dispute hâve not, in accordance 
with paragraph 3 above, accepted the same or any procédure, a party which 
has not made a déclaration under paragraph 3 above shall be deemed to hâve 
accepted arbitration in accordance with the procédure laid down in Annex I. 
If the parties to a dispute hâve not accepted the same means of dispute 
settlement, the dispute shall be submitted to arbitration in accordance 
with the procédure laid down in [Part 1 of ] Annex I. 
5. The provisions of this Article shall apply with respect to any 
protocol except as otherwise provided in the protocol concerned. 
(Alternative in lieu of paragraphe 3 and 4) 
3. If the Parties concerned cannot reach agreement through the mechanisms 
set down in paragraph 2, they shall submit the dispute to arbitration in 
accordance with the procédure laid down in Part 1 of Annex I, unless the 
dispute is submitted to the International Court of Justice (ICJ) in 
accordance with its Statuts. 
4. When ratifying, accepting, approving or acceding to this Convention or 
at any time thereafter, a state or régional économie intégration 
organisation may déclare in writing to the Depositary that it does not 
accept paragraph 3 as binding. 
5. If a party to the dispute has made a déclaration pursuant to 
paragraph 4, the dispute shall be submitted to conciliation in accordance 
with Part 2 of Annex I [, unless the Parties otherwise agrée]. 
Article 31. Adoption of Protocola 
1. The Contracting Parties shall cooperate in the formulation and 
adoption of protocols to this Convention. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 28 
2. Protocols shall be adopted at a meeting of the Conférence of the 
Parties. 43 
3. The text of any proposed protocol shall be communicated to the 
Contracting Parties by the Secrétariat at least six months before such a 
meeting. 
Article 32. 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 
Conférence 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 Secrétariat at least six 
months before the meeting at which it is proposed for adoption. The 
Secrétariat 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 ail 
efforts at consensus hâve 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 présent and voting at the 
meeting, and shall be submitted by the Depositary to ail 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 one hundred and eightieth day after the deposit of their 
instruments M 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] [one hundred eightieth] day M after that Party 
deposits its instrument of ratification, acceptance or approval of the 
amendments. 
43 One country agreed with the text as adopted by WG.I during the 
sixth negotiating session/fourth session of INC with a réservation on the 
procédure for the adoption of protocols. 
44 To achieve uniformity of the paragraph*s formulation, an 
alternative period of 180 days was introduced into the text as recommended 
by the Légal Drafting Group established by the INC at its fourth 
session/sixth negotiating session. It was further recommended that a final 
décision be taken by the INC at its fifth session/seventh negotiating 
session. To achieve consistency between the procédures described in the 
paragraph, the Légal Drafting Group recommended substituting the phrase 
"deposit of their instruments" for the phrase "receipt by the Depositary of 
notification". 
•/-.. 
UNEP/Bio.Div/N7-INC.5/2 
Page 29 
5. For the purposes of this Article, "Parties présent and voting" means 
Parties présent and casting an affirmative or négative vote. 
Article 33. Adoption and Amendment of Annexes 
1. The annexes to this Convention or to any protocol shall form an 
intégral part of this Convention or of such protocol, as the case may be, 
and, unless exprès s ly provided otherwise, a référence to this Convention or 
its protocols constitutes at the same time a référence to any annexes 
thereto. Such annexes shall be restricted to procédural, scientific, 
technical and administrative matters. 
2. Except as may be otherwise provided in any protocol with respect to 
its annexes, the following procédure shall apply to the proposai, 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 procédure laid down in Article 32; 
(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 BO 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 ail Parties of any such notification received. A 
Party may at any time withdraw a previous déclaration of objection and the 
annexes shall thereupon enter into force for that Party subject to 
paragraph (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 
ail Parties to this Convention or to any protocol concerned which hâve not 
submitted a notification in accordance with the provision of 
subparagraph (b) above. 
3. The proposai, adoption and entry into force of amendments to annexes 
to this Convention or to any protocol shall be subject to the same 
procédure as for the proposai, 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 
this Convention or to the protocol concerned enters into force. 
Article 34. Right to Vote 
1. Except as provided for in paragraph 2 below, each Contracting Party to 
this Convention or to any protocol shall hâve one vote. 
45 The "one year" time period was introduced in this paragraph to 
achieve consistency with the preceding paragraph (b) as recommended by the 
Légal Drafting Group established by the INC during its fourth session/sixth 
negotiating session. The phrase "of the adoption" was introduced by the 
Légal Drafting Group to achieve consistency with paragraph (b). 
UNEP/Bio..Div/N7-INC. 5/2 
Page 30 
2. Régional économie intégration organisations, in matters within their 
compétence, shall exercise their right to vote with a number of votes equal 
to the number of their member States which are Contracting Parties to the 
Convention or the relevant protocol. Such organisations shall not exercise 
their right to vote if their member States exercise theirs, and vice versa. 
Article 35. Relationahip Betveen the Convention and Ita Protocola 
1. A State or a régional économie intégration organisation may not become 
a Party to a protocol unless it is, or becomes at the same time, a 
Contracting Party to the Convention. 
2. Décisions 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 36. Signature 
This Convention shall be open for signature at ... by ail States and 
any régional économie intégration organisations from ... until .... 
Article 37. Ratification, Acceptance or Approval 
1. This Convention and any protocol ehall be subject to ratification, 
acceptance or approval by States and by régional économie intégration 
organisations. Instruments of ratification, acceptance or approval shall 
be depoeited with the Depoeitary. 
2. Any organisation 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 ail the 
obligations under the Convention or the protocol, as the case may be. In 
the case of such organisations, one or more of whose member States is a 
Contracting Party to the Convention or relevant protocol, the organisation 
and its member States ehall décide on their respective responsibilities for 
the performance of their obligation under the Convention or protocol, as 
the case may be. In such cases, the organisation 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 
organisations referred to in paragraph 1 above shall déclare the extent of 
their compétence with respect to the matters governed by the Convention or 
the relevant protocol. Thèse organisations shall also inform the 
Depositary of any relevant modification in the extent of their compétence. 
Article 38. Accession 
1. This Convention and any protocol shall be open for accession by States 
and by régional économie intégration organisations 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 organisations referred to in 
paragraph 1 above shall déclare the extent of their compétence with respect 
to the matters governed by the Convention or the relevant protocol. Thèse 
organisations shall also inform the Depositary of any relevant modification 
in the extent of their compétence. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 31 
3. The provisions of Article 37 paragraph 2, shall apply to régional 
économie intégration organisations which accède to this Convention or any 
protocol. 
Article 39. Entry Into Force 
1. This Convention shall enter into force on the ninetieth day after the 
date of deposit of the [twentieth] 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 deposit éd. 
3. For each Contracting Party which ratifies, accepta or approves this 
Convention or accèdes thereto after the deposit of the [twentieth] 
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 accèdes thereto after its entry into force pureuant to 
paragraph 2 above, on the ninetieth day after the date on which that 
Contracting Party depoeits its instrument of ratification, acceptance, 
approval or accession, or on the date on which the Convention enters into 
force for that Contracting Party, whichever shall be the later. 
5. For the purpoeee of paragraph 1 and 2 above, any inetrument deposited 
by a régional économie intégration organisation shall not be counted as 
additional to those deposited by member States of such organisation. 
Article 40. Réservations " 
[No réservations may be made to this Convention. ] 
46 Some environmental conventions contain a clause prohibiting 
réservations (e.g. Vienna Convention for Protection of the Ozone Layer; 
Protocol on Environmental Protection to the Antarctic Treaty). Some do not 
(e.g. London Dumping Convention; Convention for the Protection, Management 
and Development of the Marine and Coastal Environmental of the Eastern 
African Région). Some permit only specified réservations, an approach 
provided for in the Vienna Convention on the Law of Treaties and customary 
international law (e.g. Convention on the Conservation of Migratory Species 
of Wild Animais). 
In accordance with the Vienna Convention on Treaties and customary 
international law, when a multilatéral convention does not address the 
topic of réservations, the usual presumption is that states may formulate 
réservations that are not incompatible with the object and purpose of the 
Convention. 
The Basel Convention on the Control of Transboundary Movements of 
Hazardous Wastes and their Disposai présents another approach. It 
prohibits réservations but allows to a State or political and/or économie 
intégration organizatione "déclarations or statements ... with a view, 
inter alla, to the harmonisation of its laws and régulations with the 
provisions of (the) Convention", provided that any such déclaration or 
statement is not tantamount to a réservation. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Page 32 
Article 41. Withdrawals 
1. At any time after two years from the date on which the present 
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 42. Depoaitary 
The Secretary-General of the United Nations shall assume the functions 
of Depositary of this Convention and any protocols. 
Article 43. 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 on the .day of. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Annex I 
Page 33 
Annex X 
Part 1 
ARBITRATION 
Article 1 
The claimant party shall notify the Secrétariat that the parties are 
referring a dispute to arbitration pursuant to Article 30 of the 
Convention. The notification shall state the subject-matter of arbitration 
and include, in particular, the articles of the Convention or the Protocol, 
the interprétation or application of which are at issue. [If the parties 
do not agrée on the subject matter of the dispute before the Président of 
the tribunal is designated the arbitral tribunal shall détermine the 
subject matter.) The Secrétariat shall forward the information thus 
received to ail Contracting Parties to the 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 Président of the tribunal. 
The latter shall not be a national of one of the parties to the dispute, 
nor hâve his or her usual place of résidence in the territory of one of 
thèse parties, nor be employed by any of them, nor hâve 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 
appointaient. 
Article 3 
1. If the Président of the arbitral tribunal has not been designated 
within two months of the appointaient of the second arbitrator, the 
Secretary-General of the United Nations shall, at the request of a party, 
désignâte the Président 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 désignation within a further two-month 
period. ^ 
Article 4 
The arbitral tribunal shall render its décisions in accordance with 
the provisions of this Convention, any protocols concerned, and 
international law. 
Article 5 
Unless the parties to the dispute otherwise agrée, the arbitral 
tribunal shall détermine its own rules of procédure. 
/... 
UNEP/Bio.Div/N7-INC.5/2 
Annex I 
Appendix I 
Page 34 
Article 6 
[The arbitral tribunal may, at the request of one of the parties, 
recomntend essential intérim measures of protection.] 
Article 7 
The parties to the dispute shall facilitate the work of the arbitral 
tribunal and, in particular, using ail means at their disposai, shall: 
(a) Provide it with ail relevant documents, information and 
facilities; and 
(b) Enable it, when necessary, to call witnesses or experts and 
receive their évidence. 
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 détermines 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 ail its costs, and shall furnish a final statement thereof 
to the parties. 
Article 10 
Any Contracting Party that has an interest of a légal nature in the 
subject-matter of the dispute which may be affected by the décision in the 
case, may intervene in the proceedings with the consent of the tribunal. 
Article 11 
The tribunal may hear and détermine counterclaims arising directly out 
of the subject-matter of the dispute. 
Article 12 
Décisions both on procédure 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 défend 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 défend its case shall not constitute a 
bar to the proceedings. Before rendering its final décision, the arbitral 
tribunal must satisfy itself that the claim is well founded in fact and 
law. 
/.. 
UNEP/Bio.Div/N7-INC.5/2 
Annex I 
Page 35 
Article 14 
The tribunal shall render its final décision 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 months. 
Article 15 
The final décision 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 hâve participated and 
the date of the final décision. Any roember of the tribunal may attach a 
separate or dissenting opinion to the final décision. 
Article 16 
The award shall be binding on the parties to the dispute. It shall be 
without appeal unless the parties to the dispute hâve agreed in advance to 
an appellate procédure. 
Article 17 
Any controversy which may arise between the parties to the dispute as 
regards the interprétation or manner of implementation of the final 
décision may be submitted by either party for décision to the arbitral 
tribunal which rendered it. 
/.. 
UWEP/Bio.Div/N7-INC.5/2 
Annex I 
Appendix I 
Page 36 
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 agrée, be composed of five members, two appointed by each Party 
concerned and a Président chosen jointly by those members. 
Article 2 
In disputes between more than two parties, parties in the same 
interest shâll appoint their members of the commission jointly by 
agreeaent. Where two or more parties hâve separate interests or there is a 
disagreeaent as to whether they are of the same interest, they shall 
appoint their members separately. 
Article 3 
If any appointaient s by the parties are not made within two months of 
the date of the request to croate 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 Président 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 Président within a further two-month period. 
Article 5 
The conciliation commission shall take its décisions by majority vote 
of its members. It shall, unless the parties to the dispute otherwise 
agrée, détermine its own procédure. It shall render a proposai for 
resolution of the dispute, which the parties shall consider in good faith. 
Article 6 
A di8agreement as to whether the conciliation commission has 
compétence shall be decided by the commission. 
UNEP/Bio.Div/N7-INC.5/2 
Annex 
Appendix I 
Page 37 
Appendix I 
RECOMMENDATIONS OF THE WORKING GROUP I 
SUB-WORKING GROUP ON DEFINITIONS AND USE OF TERMS 
I. Recommended text for inclusion in Article 2 
"ALIEN SPECIES" means a species occurring in a particular country or area 
outside its historically known natural range, as a resuit of intentional or 
accidentai introduction through huotan intervention. 
"BIOLOGICAL DIVERSITY (OR BIODIVBRSITÏ)" means the genêtic, taxonomic and 
ecological variability among living organisms; this includes the variety 
and variability within species, between species and of biotic components of 
ecoBystem8. 
"CONSERVATION OF BIOLOGICAL DIVERSITY" means the préservation (or intégral 
protection), maintenance, sustainable use, recovery and enhancement of the 
components of biological diversity. 1 
"CONSERVATION": see conservation of biological diversity. 
"DOMESTICATED OR CULTIVATED SPECIES" means species in which the 
evolutionary process has been influenced deliberately by humans to meet 
human needs. 
"ECOSYSTEMS" means a dynamic complex of plant, animal and micro-organism 
communities and their non-living environments interacting as a functional 
unit. 
"ENDANGERED SPECIES" means a species in danger of extinction and whose 
survival is unlikely if the casual factors continue operating. 
"ENDEMIC SPECIES" means a species whose natural géographie distribution is 
restricted to a spécifie area or country. 
"EX-SITU CONSERVATION" means the conservation of components of biological 
diversity (genetic resources, organisms, populations) outside their natural 
surroundings. 
"HABITAT" means the place or type of site where an organism or population 
naturally occurs. 
"IN-SITU CONSERVATION" means the conservation of ecosysteras and natural 
habitats and the maintenance and recovery of viable populations of species 
in their natural surroundings. 2 
1 There was a strong feeling in the sub-working group that 
"sustainable use" should be excluded from this définition; however, since 
at this stage in the draft text of the Convention it is not decided whether 
conservation and sustainable use should go together, the sub-working group 
recommends that this matter be dealt with later. 
2 The sub-working group considered a définition of Hin-situ 
conservation" formulated by Working Group II which includes dômesticated 
species. No consensus was reached on whether that définition should be 
accepted, whether domesticated species should be dealt with in a separate 
définition, or whether the présent formulation should stand. 
/... 
UNEP/BiO.Div/N7-INC.5/2 
Annex 
Appendix I 
Page 38 
"PROTECTED AREA" means a geographically defined area which is designated, 
or regulated, and managed to achieve specific conservation objectives. 
"(WILDLIFE) CORRIDORS" means routes or avenues to ensure completion of life 
cycles and unimpeded migrations and gene flows. 3 
II. Other Recommendations 
The sub-working group recommends: 
1. The exclusion from Article 2 of the terms: 
"INDIGENOUS SPECIES", "NONTERRESTRIAL SPECIES", "RATIONAL USE OF 
BIOLOGICAL DIVERSITY", "TERRESTRIAL SPECIES", and "WILD SPECIES", 
as they no longer appear in the text of the draft Convention. 
"THREATENED SPECIES" and "SPECIES THREATENED WITH EXTINCTION", 
since they need not be defined, as is the case with IUCN and . 
CITES. 
"INDIGENOUS POPULATIONS", since it does not fall within the terms 
of reference of this sub-working group. 
2. That if the term "UTILIZATION/USE OF BIOLOGICAL DIVERSITY" is to be 
defined in Article 2, it should be dealt with from the point of view 
of sustainable use of biological diversity. 
3. That the term "REGIONAL ECONOMIC INTEGRATION ORGANIZATION", defined as 
"an organisation constituted by sovereign States to which its member 
States have transferred competence in respect of matters governed by 
thie Convention and which has been duly authorised, in accordance with 
its internal procedures, to sign, ratify, accept, approve, formally 
confirm or accede to it", as well as other terms such as "MONITOR" and 
"SPECIES" (including marine species, as suggested by one delegation) 
be dealt with should Working Group I so decide. 
4. That the term "SIGNIFICANT" as proposed by one delegation ehould not 
be defined. 
3 There was a feeling that the text of this term should be 
finalised after finalisation of the text of Article 7 of the draft 
Convention. 
UNEP/Bio.Div/N7-INC.5/2 
Annex 
Appendix II 
Page 39 
Appendix II 
ELEMENTS FOR INCLUSION IN THE PREAMBLE/FUNDAMENTAL PRINCIPLES/GENERAL 
OBLIGATIONS AS PROPOSED BY THE GROUP OF 77 AND CHINA 
1. Sovereignty and responsibility (Fundamental principle) 
1.1 Sovereignty and responsibility for damage. 
State sovereignty over own resources. Responsibility for 
activities in their jurisdiction not to damage biodiversity of 
other States or beyond national jurisdictions. 
1.2 Responsibility of each Party for conservation and sustainable use 
of own biodiversity resources. 
2. Funding (Fundamental principle) 
2.1 Adéquate new and additional funding by developed countries for 
additional burden to developing countries of biodiversity conservation. 
3. Technology transfer 
3.1 Benefits from research and development to be shared by countries 
providing genêtic material. 
3.2 Transfer of biotechnologies to developing countries on 
préfèrential and non-commercial basis. (Fundamental principle) 
4. Access to technology and to genetic material (Fundamental principle) 
Access to both genetic materials and conservation technologies to be 
subject to mutual agreement. 
5. International coopération (Fundamental principle) 
5.1 International coopération in addition to national efforts is 
necessary for conservation. 
6. Prévention (Preamble or obligation) 
Prévention of damage to biodiversity is essential. The precautionary 
principle (lack of full scientific certainty is not a reason for avoiding 
or minimising threat of significant réduction or loss of biodiversity), and 
the principle of action at source complète the mission of prévention. 
7. Common concern (Preamble) 
Conservation of biodiversity "is common concern of ail mankind. 
8. Conservation (Preamble or objectives) 
In-situ and ex-situ conservation. 
9. Récognition and reward of traditional knowledge of local communities 
which contribute conservation and sustainable use of biodiversity. 
(Preamble or gênerai obligation) 
10. The fulfliment of the obligations under this Convention by developing 
countries would be subject to the effective provision to them of adéquate, 
new and additional resources and of technology transfer to them on 
preferential and non-commercial terms. (General obligation, Article 4) 
UNITED NATIONS ENVIRONMENT PROGRAMME &**. ^ 
PROGRAMME DES NATIONS UNIES POUR L'ENVIRONNEMENT %M0J 
73f UNITERRA NAIROBI 
Fsx (2S42)z2M90 
OS taoetUNEPKE D.G.XI 
17.Oa92 j CG5830 P.O. Sox 30662 
Nairobi Kanya 
ELI/PAC 6 March 1992 YourRafaranoa 
OUT VWftftflOt 
Dear Sir, 
I refer to UNEP Governing Council decision 15/34 by which the Ad Hoc 
Working Group of Experts was established with a mandate to negotiate a 
Convention on conservation and rational use of biodiversity. In May 1991 
by Governing Council decision 16/42 the group was renamed the 
"Intergovernmental Negotiating Committee for a Convention on Biological 
Diversity". D.G. 
XI 
ATTR. 
INF. D. 
G. c 0 
N 
S A 
S 
S 1 II III OIR A 
1 7 
X 3 4 5 c&. a 
1 ? ? 4 0!R C 
t ? r*-r— 
4 icie •air 
OJH 
• 
The first and second negotiating sessions of this body were held at 
the UNEP headquarters (Nairobi, Kenya) from 19 to 23 November 1990 and from 
25 February to 6 March 1991 respectively. The third session was held in 
Madrid, Spain, from 24 June to 3 July 1991. The fourth negotiating 
session/second session of the Intergovernmental Negotiating Committee (INC) 
for a Convention on Biological Diversity was held from 23 September to 
2 October 1991 again at UNEP headquarters, the fifth negotiating 
session/third session of INC was held in Geneva, Switzerland, from 
25 November to 4 December 1991 and the sixth negotiating session/fourth 
session of INC was held at UNEP headquarters (Nairobi, Kenya) from 6 to 
15 February 1992. 
The seventh negotiating session/fifth session of INC will be held 
from 11 to 19 May 1992 in Nairobi, Kenya, at the kind invitation of the 
Government of Kenya. The session will open at 9.30 a.m. at UNEP 
headquarters in Gigiri. In preparation of this session, please find 
enclosed the provisional agenda for the seventh negotiating session/fifth 
session of INC as well as the fifth revised draft Convention on Biological 
Diversity including an Explanatory Note indicating the process followed in 
The Director-General 
Commission of European Communities 
Rued de la Loi 200 
1049 Brussels 
Belgium 
United Nations Environment Programme — Programme dcs Nations Unies pour I'environncment 
- 2 -
the revision. The report of the intergovernmental Negotiating Committee 
for a Convention on Biological Diversity (INC) on the work of its sixth 
negotiating session/fourth session of INC will be sent to you as soon as 
ready in all languages. 
As agreed at the sixth negotiating session/fourth session of INC, the 
seventh negotiating session/fifth session of XNC night be extended up to 
20 May 1992. This final negotiating session will be followed by the 
Conference for adoption and signature of the Pinal Act which will include -
resolutions, declarations. If any, as well as the agreed text of the 
Convention to be signed at the Plenipotentiary Conference in Rio do Janeiro 
at the tine of UNCKD. The Conference for- adoption and signature of the 
Final Act will take place in Nairobi, at the kind invitation of the 
Government of Kenya, and is expected to last for one or two days. 
X invite your Organisation to nominate experts to participate in the 
above negotiating session of the Intergovernmental Negotiating Committee 
(XNC). Please note that it has become the usual practice for both Working 
Groups (NG.I and WG.XX) of the XNC to hold simultaneous meetings throughout 
the session. This requires experts to be available from the beginning to 
the end of the meeting. X should be .grateful if you would kindly inform 
the secretariat in advance of the name(s) and address (es) including 
telephone, telex and telefax (if available) numbers of the expert(s) 
nominated by your Organisation. 
Please direct any information to the attention of: 
Mrs. I. Rummel-Bulska 
Secretary 
Intergovernmental Negotiating Committee (XNC) y 
for a Convention on Biological Diversity — , 
Environmental Law and Institutions 
Programme Activity Centre 
UNEP 
P.O. Box 30552 
Nairobi 
Kenya 
o*S«|.2-
Telephones 230800/520600 &QCT. y "7 5 6 
Telex: 22068 UNEP KB 
Telefax: 230198 
Yours sincerely, 
Mostafa K. Tolba 
Executive Director 

ISSN 0254-1491 
COM(92) 186 final 
DOCUMENTS 
FR 14 
N° de catalogue : CB-CO-92-197-FR-C 
ISBN 92-77-43863-0 
Office de* publications officielles des Communauté européennes 
T/>2985 Luxembourg