Convention on biological diversity - Declarations
Date: 1992-06-05
Institutions: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Cook Islands, Costa Rica, Croatia, Cuba, Cyprus, Czechia, Côte d’Ivoire, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Eswatini, Ethiopia, European Economic Community, Fiji, Finland, France, Gabon, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Moldova, Monaco, Mongolia, Morocco, Mozambique, Myanmar/Burma, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, North Korea, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Korea, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, São Tomé and Príncipe, Tajikistan, Tanzania, Thailand, The Gambia, The twelve Member States: Belgium, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Luxembourg, Netherlands, Portugal, United Kingdom, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Tuvalu, Türkiye, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe
Subjects: UN convention, biodiversity, environmental cooperation, environmental protection

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ANNEX A

CONVENTION ON BIOLOGICAL DIVERSITY

PREAMBLE

THE CONTRACTING PARTIES,

CONSCIOUS of the intrinsic value of biological diversity and of the ecological, genetic, social, economic,
scientific, educational, cultural, recreational and aesthetic values of biological diversity and its components,

CONSCIOUS ALSO of the importance of biological diversity for evolution and for maintaining life
sustaining systems of the biosphere,

AFFIRMING that the conservation of biological diversity is a common concern of humankind,

REAFFIRMING that States have sovereign rights over their own biological resources,

REAFFIRMING also that States are responsible for conserving their biological diversity and for using their
biological resources in a sustainable manner,

CONCERNED that biological diversity is being significantly reduced by certain human activities,

AWARE of the general lack of information and knowledge regarding biological diversity and of the urgent
need to develop scientific, technical and institutional capacities to provide the basic understanding upon
which to plan and implement appropriate measures,

NOTING that it is vital to anticipate, prevent and attack the causes of significant reduction or loss of
biological diversity at source,

NOTING ALSO that where there is a threat of significant reduction or loss of biological diversity, lack of
full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a
threat,

NOTING FURTHER that the fundamental requirement for the conservation of biological diversity is the
in situ conservation of ecosystems and natural habitats and the maintenance and recovery of viable popu­
lations of species in their natural surroundings,

NOTING FURTHER that ex situ measures, preferably in the country of origin, also have an important
role to play,

RECOGNIZING the close and traditional dependence of many indigenous and local communities
embodying traditional lifestyles on biological resources, and the desirability of sharing equitably benefits
arising from the use of traditional knowledge, innovations and practices relevant to the conservation of
biological diversity and the sustainable use of its components,

RECOGNIZING ALSO the vital role that women play in the conservation and sustainable use of bio­
logical diversity and affirming the need for the full participation of women at all levels of policy-making
and implementation for biological diversity conservation,

STRESSING the importance of, and the need to promote, international, regional and global cooperation
among States and intergovernmental organizations and the non-governmental sector for the conservation
of biological diversity and the sustainable use of its components,

ACKNOWLEDGING that the provision of new and additional financial resources and appropriate access
to relevant technologies can be expected to make a substantial difference in the world's ability to address
the loss of biological diversity,

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ACKNOWLEDGING FURTHER that special provision is required to meet the needs of developing
countries,
including the provision of new and additional financial resources and appropriate access to
relevant technologies,

NOTING in this regard the special conditions of the least developed countries and small island States,

ACKNOWLEDGING that substantial investments are required to conserve biological diversity and that
there is the expectation of a broad range of environmental, economic and social benefits from those
investments,

RECOGNIZING that economic and social development and poverty eradication are the first and over­
riding priorities of developing countries,

AWARE that conservation and sustainable use of biological diversity is of critical importance for meeting
the food, health and other needs of the growing world population, for which purpose access to and sharing
of both genetic resources and technologies are essential,

NOTING that, ultimately,
friendly relations among States and contribute to peace for humankind,

the conservation and sustainable use of biological diversity will strengthen

DESIRING to enhance and complement existing international arrangements for the conservation of bio­
logical diversity and sustainable use of its components, and

DETERMINED to conserve and sustainably use biological diversity for the benefit of present and future
generations,

HAVE AGREED AS FOLLOWS :

Article 1

Objectives

'country of origin of genetic resources' means
the
country which possesses those genetic resources in in situ
conditions ;

The objectives of this Convention,
to be pursued in
accordance with its relevant provisions, are the conser­
vation of biological diversity, the sustainable use of its
components and the fair and equitable sharing of the
benefits
the utilization of genetic
resources,
including by appropriate access to genetic
resources and by appropriate transfer of relevant techno­
logies, taking into account all rights over those resources
and to technologies, and by appropriate funding.

arising out of

Article 2

Use of terms

For the purposes of this Convention :

'biological diversity' means the variability among living
organisms from all sources including,
ter­
restrial, marine and other aquatic ecosystems and the
ecological complexes of which they are part;
this
includes diversity within species, between species and of
ecosystems ;

inter alia,

resources'

'biological
resources,
organisms or parts thereof, populations, or any other
biotic component of ecosystems with actual or potential
use or value for humanity;

includes

genetic

'biotechnology' means any technological application that
uses biological systems,
living organisms, or derivatives
thereof,
to make or modify products or processes for
specific use ;

'country providing genetic resources' means the country
supplying genetic
collected from in situ
sources, including populations of both wild and domes­
ticated species, or taken from ex situ sources, which may
or may not have originated in that country;

resources

'domesticated or cultivated species' means species in
which the evolutionary process has been influenced by
humans to meet their needs ;

'ecosystem' means a dynamic complex of plant, animal
and micro-organism communities and their non-living
environment interacting as a functional unit;

situ conservation' means

' ex
conservation of
components of biological diversity outside their natural
habitats ;

the

'genetic material' means any material of plant, animal,
microbial or other origin containing functional units of
heredity;

'genetic resources' means genetic material of actual or
potential value ;

'habitat' means the place or type of site where an
organism or population naturally occurs ;

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' in situ conditions' means conditions where genetic
resources exist within ecosystems and natural habitats,
and, in the case of domesticated or cultivated species, in
the surroundings where they have developed their
distinctive properties ;

the

conservation

situ conservation' means

' in
of
ecosystems and natural habitats and the maintenance and
recovery of viable populations of species in their natural
in the case of domesticated or
surroundings and,
cultivated species,
in the surroundings where they have
developed their distinctive properties ;

'protected area' means a geographically defined ' area
which is designated or regulated and managed to achieve
specific conservation objectives ;

'regional economic integration organization' means an
organization constituted by sovereign States of a given
region,
to which its member States have transferred
competence in respect of matters governed by this
Convention and which has been duly authorized,
in
accordance with its internal procedures, to sign, ratify,
accept, approve or accede to it ;

'sustainable use' means the use of components of bio­
logical diversity in a way and at a rate that does not lead
to the long-term decline of biological diversity, thereby
maintaining its potential
to meet the needs and aspir­
ations of present and future generations ;

'technology' includes biotechnology.

Article 3

Principle

in accordance with the Charter of the
States have,
United Nations and the principles of international law,
the sovereign right
their own resources
to exploit
pursuant to their own environmental policies, and the
responsibility to ensure that activities within their juris­
diction or control do not
to the
environment of other States or of areas beyond the limits
of national jurisdiction.

cause damage

Article 4

Jurisdictional scope

Subject
otherwise expressly provided in this Convention,
provisions of this Convention apply,
Contracting Party :

to the rights of other States, and except as
the
in relation to each

(a)

in the case of components of biological diversity, in
areas within the limits of its national jurisdiction ;
and

(b)

in the case of processes and activities, regardless of
where their effects occur, carried out under its Juris­
diction or control, within the area of its national
jurisdiction or beyond the limits of national juris­
diction .

Article 5

Cooperation

Each Contracting Party shall, as far as possible and as
appropriate, cooperate which other Contracting Parties,
directly or, where appropriate through competent inter­
national organizations,
in respect of areas beyond
national
jurisdiction and on other matters of mutual
interest, for the conservation and sustainable use of bio­
logical diversity.

Article 6

General measures for conservation and sustainable use

Each Contracting Party shall,
particular conditions and capabilities :

in accordance with its

(a) develop national strategies, plans or programmes for
the conservation and sustainable use of biological
diversity or adapt for this purpose existing strategies,
plans or programmes which shall reflect,
inter alia,
the measures set out in this Convention relevant to
the Contracting Party concerned ; and

(b)

integrate, as far as possible and as appropriate, the
conservation
use of biological
sectoral or cross-sectoral
diversity into relevant
plans, programmes and policies.

and sustainable

Article 7

Identification and monitoring

Each Contracting Party shall, as far as possible and as
appropriate,
in particular for the purposes of Articles 8
to 10 :

(a)

identify components of biological diversity important
for
its conservation and sustainable use having
regard to the indicative list of categories set down in
Annex I ;

of

(b) monitor, through sampling and other techniques, the
identified
biological
components
pursuant
to subparagraph (a), paying particular
attention to those requiring urgent conservation
measures and those which offer the greatest potential
for sustainable use ;

diversity

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(c)

identify processes and categories of activities which
have or are likely to have significant adverse impacts
on the conservation and sustainable use of biological
diversity, and monitor their effects through sampling
and other techniques ; and

(j)

(d) maintain and organize, by any mechanism data,
derived from identification and monitoring activities
pursuant to subparagraphs (a), (b) and (c) above.

Article 8

In situ conservation

Each Contracting Party shall, as far as possible and as
appropriate :

(a) establish a system of protected areas or areas where
special measures need to be taken to conserve bio­
logical diversity;

(b) develop, where

necessary,

the
selection,
of
protected areas or areas where special measures
need to be taken to conserve biological diversity;

for
and management

establishment

guidelines

(c)

regulate or manage biological resources important
for the conservation of biological diversity whether
within or outside protected areas, with a view to
ensuring their conservation and sustainable use ;

(d) promote

the protection of

ecosystems, natural
habitats and the maintenance of viable populations
of species in natural surroundings ;

(e) promote environmentally sound and sustainable
to protected areas
in areas adjacent

development
with a view to furthering protection of these areas ;

(f)

rehabilitate and restore degraded ecosystems and
promote the recovery of threatened species,
inter
through the development and implementation
alia,
of plans or other management strategies ;

(g) establish or maintain means to regulate, manage or
control the risks associated with the use and release
of living modified organisms resulting from biotech­
nology which are likely to have adverse environ­
the conservation
mental
impacts that could affect
and sustainable use of biological diversity,
taking
also into account the risks to human health ;

(h) prevent
those
habitats or species ;

the introduction of, control or eradicate
alien species which threaten ecosystems,

(i)

endeavour to provide the conditions needed for
compatibility between present uses and the conser­

vation of biological diversity and the sustainable use
of its components ;

subject to its national legislation, respect, preserve
and maintain knowledge, innovations and practices
indigenous and local communities embodying
of
traditional
lifestyles relevant for the conservation
and sustainable use of biological diversity and
promote their wider application with the approval
and involvement of the holders of such knowledge,
innovations
the
equitable sharing of the benefits arising from the
innovations and
utilization of
practices ;

such knowledge,

encourage

practices

and

and

(k) develop or maintain necessary legislation and/or
other regulatory provisions for the protection of
threatened species and populations ;

(1) where a significant adverse effect on biological
diversity has been determined pursuant to Article 7,
regulate or manage the relevant processes and
categories of activities ; and

(m) cooperate in providing financial and other support
for in situ conservation outlined in subparagraphs
(a) to (1), particularly to developing countries.

Article 9

Ex situ conservation

Each Contracting Party shall, as far as possible and as
appropriate, and predominantly for
the purpose of
complementing in situ measures :

(a) adopt measures

the ex situ conservation of
components of biological diversity, preferably in the
country of origin of such components ;

for

(b) establish and maintain facilities for ex situ conser­
vation of and research on plants , animals and micro­
organisms, preferably in the country of origin of
genetic resources ;

(c) adopt measures for the recovery and rehabilitation of
threatened species and for their reintroduction into
their natural habitats under appropriate conditions ;

(d) regulate

of

collection

and manage

biological
resources from natural habitats for ex situ conser­
vation purposes so as not to threaten ecosystems and
in situ populations of species, except where special
temporary ex situ measures are required under
subparagraph (c); and

(e) cooperate in providing financial and other support
for ex situ conservation outlined in subparagraphs (a)
to (d) and in the establishment and maintenance of
ex situ conservation facilities in developing countries.

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Article 10

Sustainable use of components of biological diversity

Each Contracting Party shall, as far as possible and as
appropriate :

(a)

integrate consideration of
the conservation and
sustainable use of biological resources into national
decision-making ;

(b) adopt measures relating to the use of biological
resources to avoid or minimize adverse impacts on
biological diversity;

(c) protect and encourage customary use of biological
resources
in accordance with traditional cultural
practices that are compatible with conservation or
sustainable use requirements ;

(d) support local populations to develop and implement
remedial action in degraded areas where biological
diversity has been reduced ; and

(e) encourage cooperation between its governmental
in developing
and its private sector
authorities
methods for sustainable use of biological resources.

Article 11

Incentive measures

Each Contracting Party shall, as far as possible and as
appropriate, adopt economically and socially sound
measures that act as incentives for the conservation and
sustainable use of components of biological diversity.

Article 12

Research and training

The Contracting Parties, taking into account the special
needs of developing countries, shall :

(a) establish and maintain programmes for scientific and
technical education and training in measures for the
identification, conservation and sustainable use of
biological diversity and its components and provide
support for such education and training for the
specific needs of developing countries ;

(b) promote and encourage research which contributes
to the conservation and sustainable use of biological
diversity, particularly in developing countries,
inter
alia, in accordance with decisions of the Conference
of the Parties taken in consequence of recommen­
dations of the subsidiary body on scientific, technical
and technological advice ; and

(c)

in keeping with the provisions of Articles 16, 18 and
20, promote and cooperate in the use of scientific

in

advances
in
developing methods for conservation and sustainable
use of biological resources .

biological

diversity

research

Article 13

Public education and awareness

The Contracting Parties shall :

(a) promote

and

encourage

the
understanding of
importance of, and the measures required for,
the
conservation of biological diversity, as well as its
propagation through media, and the inclusion of
these topics in educational programmes ; and

,(b) cooperate, as appropriate, with other States and
international organizations in developing educational
and public awareness programmes, with respect to
conservation
use of biological
diversity.

and sustainable

Article 14

Impact assessment and minimizing adverse impacts

Each Contracting Party, as far as possible and as

1 .
appropriate, shall :

(a)

introduce appropriate procedures requiring environ­
mental
impact assessment of its proposed projects
that are likely to have significant adverse effects on
biological diversity with a view to avoiding or mini­
mizing such effects and, where appropriate, allow
for public participation in such procedures ;

(b) introduce appropriate arrangements to ensure that
the environmental consequences of its programmes
and policies that are likely to have significant adverse
impacts on biological diversity are duly taken into
account ;

(c) promote, on the basis of reciprocity, notification,
exchange of information and consultation on acti­
vities under their jurisdiction or control which are
likely to significantly affect adversely the biological
diversity of other States or areas beyond the limits of
national jurisdiction, by encouraging the conclusion
of bilateral, regional or multilateral arrangements, as
appropriate ;

(d) in the case of imminent or grave danger or damage,
originating under its jurisdiction or control, to bio­
logical diversity within the area under jurisdiction of
other States or in areas beyond the limits of national
jurisdiction,
potentially
affected States of such danger or damage, as well as
initiate action to prevent or minimize such danger or
damage ; and

immediately

notify

the

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Official Journal of the European Communities

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(e) promote

for

danger

national

arrangements

emergency
responses to activities or events, whether caused
naturally or otherwise, which present a grave and
imminent
and
encourage international cooperation to supplement
such national efforts and, where appropriate and
agreed by the States or regional economic inte­
gration organizations concerned,
to establish joint
contingency plans.

biological

diversity

to

16

19

and

accordance with Articles
and, where
necessary, through the financial mechanism established
by Articles 20 and 21 with the aim of sharing in a fair
and equitable way the results of research and devel­
opment and the benefits arising from the commercial and
other
the
genetic
Contracting Party providing such
resources. Such
sharing shall be upon mutually agreed terms.

resources with

utilization

of

2 .
The Conference of the Parties shall examine, on
the basis of studies to be carried out, the issue of liability
and redress, including restoration and compensation, for
damage
except where such
to biological diversity,
liability is a purely internal matter.

Article 15

Access to genetic resources

Recognizing the sovereign rights of States over
1 .
their natural resources, the authority to determine access
to genetic resources rests with the national governments
and is subject to national legislation .

2.
Each Contracting Party shall endeavour to create
conditions to facilitate access to genetic resources for
environmentally sound uses by other Contracting Parties
and not to impose restrictions that run counter to the
objectives of this Convention.

For the purpose of this Convention,

3.
the genetic
resources being provided by a Contracting Party, as
referred to in this Article and Articles 16 and 19, are
only those that are provided by Contracting Parties that
are countries of origin of such resources or by the
Parties
in
accordance with this Convention .

that have acquired the genetic resources

Access, where granted, shall be on mutually agreed

4.
terms and subject to the provisions of this Article.

5.
Access to genetic resources shall be subject to prior
informed consent of the Contracting Party providing
such resources, unless otherwise determined by that
Party.

Each Contracting Party shall endeavour to develop
6.
and carry out
scientific research based on genetic
resources provided by other Contracting Parties with the
full participation of,
such
Contracting Parties .

and where possible

in,

Each Contracting Party shall

7.
legislative,
administrative or policy measures, as appropriate, and in

take

Article 16

Access to and transfer of technology

recognizing that

Each Contracting Party,

1 .
tech­
nology includes biotechnology, and that both access to
and transfer of technology among Contracting Parties
are essential elements for the attainment of the objectives
of this Convention, undertakes subject to the provisions
of this Article to provide and/or facilitate access for and
transfer to other Contracting Parties of technologies that
are relevant to the conservation and sustainable use of
biological diversity or make use of genetic resources and
do not cause significant damage to the environment.

fair

under

terms where mutually agreed,

2.
Access to and transfer of technology referred to in
paragraph 1 above to developing countries shall be
provided
and most
and/or
facilitated
including on concessional and pref­
favourable terms,
erential
and, where
necessary,
in accordance with the financial mechanism
established by Articles 20 and 21 . In the case of tech­
nology subject to patents and other intellectual property
rights, such access and transfer shall be provided on
terms which recognize and are consistent with the
adequate and effective protection of intellectual property
rights. The application of
this paragraph shall be
consistent with paragraphs 3, 4 and 5.

take

developing

Each Contracting Party shall

3.
legislative,
administrative or policy measures, as appropriate, with
the aim that Contracting Parties, in particular those that
are
genetic
countries, which
resources are provided access to and transfer of tech­
nology which makes use of those resources, on mutually
agreed terms, including technology protected by patents
and other intellectual property rights, where necessary,
through the provisions of Articles 20 and 21 and in
accordance with international
law and consistent with
paragraphs 4 and 5 .

provide

Each Contracting Party shall

legislative,
4.
administrative or policy measures, as appropriate, with
the aim that the private sector facilitates access to joint
development and transfer of technology referred to in
the benefit of both governmental
paragraph 1

take

for

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institutions and the private sector of developing countries
and in this regard shall abide by the obligations included
in paragraphs 1 , 2 and 3.

The Contracting Parties, recognizing that patents
5 .
and other
intellectual property rights may have an
influence on the implementation of this Convention,
shall cooperate in this regard subject to national legis­
lation and international law in order to ensure that such
rights are supportive of and do not run counter to its
objectives.

in pursuance of

technologies, including indigenous and traditional tech­
the
nologies,
this
objectives of
Convention. For this purpose,
the Contracting Parties
shall
also promote cooperation in the training of
personnel and exchange of experts.

The Contracting Parties shall, subject

5.
to mutual
agreement, promote the establishment of joint research
programmes and joint ventures for the development of
technologies
this
Convention ,

objectives

relevant

the

of

to

Article 17

Exchange of information

Article 19

Handling of biotechnology and distribution of its benefits

Parties

the
The Contracting
1 .
exchange of information,
from all publicly available
sources, relevant to the conservation and sustainable use
of biological diversity,
taking into account the special
needs of developing countries.

facilitate

shall

of

shall

Such

exchange

information

2.
include
exchange of results of technical, scientific and socio­
economic research, as well as information on training
specialized knowledge,
and surveying programmes,
indigenous and traditional knowledge as such and in
combination with the technologies referred to in Article
16 ( 1 ). It shall also, where feasible, include repatriation
of information.

Article 18

Technical and scientific cooperation

1 .
The Contracting Parties shall promote international
technical and scientific cooperation in the field of
conservation and sustainable use of biological diversity,
where necessary, through the appropriate international
and national institutions.

inter alia,

2 .
Each Contracting Party shall promote technical and
scientific cooperation with other Contracting Parties, in
particular developing countries,
in implementing this
Convention,
through the development and
implementation of national policies. In promoting such
cooperation, special attention should be given to the
development and strengthening of national capabilities,
by means of human
and
institution building.

development

resources

take

Each Contracting Party shall

legislative,
1 .
administrative or policy measures, as appropriate,
to
provide for the effective participation in biotechnological
Parties,
research
the
especially developing countries, which provide
genetic resources for such research, and where feasible in
such Contracting Parties.

those Contracting

activities

by

Each Contracting Party shall

take all practicable
2.
measures to promote and advance priority access on a
fair and equitable basis by Contracting Parties, especially
developing countries, to the results and benefits arising
from biotechnologies based upon genetic resources
provided by those Contracting Parties. Such access shall
be on mutually agreed terms.

The Parties

shall consider

a protocol

setting out

of
including,

the need for and
3 .
appropriate
modalities
procedures,
in particular, advance informed
agreement, in the field of the safe transfer, handling and
use of any living modified organism resulting from
biotechnology that may have adverse effect on the
conservation and sustainable use of biological diversity.

Each Contracting Party shall, directly or by
4.
requiring any natural or legal person under its juris­
diction providing the organisms referred to in paragraph
3 , provide any available information about the use and
safety regulations required by that Contracting Party in
handling such organisms, as well as any available infor­
mation on the potential adverse impact of the specific
organisms concerned to the Contracting Party into
which those organisms are to be introduced.

The Conference of the Parties, at its first meeting,
3.
shall determine how to establish a
clearing-house
mechanism to promote and facilitate technical and
scientific cooperation.

Article 20

Financial resources

The Contracting Parties shall,

4.
in accordance with
national legislation and policies, encourage and develop
methods of cooperation for the development and use of

1 .
in
Each Contracting Party undertakes to provide,
accordance with its capabilities, financial support and
incentives in respect of those national activities which are
intended to achieve the objectives of this Convention, in

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Official Journal of the European Communities

13 . 12 . 93

accordance with its national plans, priorities
programmes .

and

diversity within developing country Parties, in particular
small island States .

are

and which costs

the Parties. Other Parties,

2.
The developed country Parties shall provide new
and additional financial resources to enable developing
country Parties to meet the agreed full incremental costs
to them of implementing measures which fulfil the obli­
gations of this Convention and to benefit
from its
provisions
agreed between a
developing country Party and the institutional structure
referred to in Article 21 ,
in accordance with policy,
strategy, programme priorities and eligibility criteria and
an indicative list of incremental costs established by the
Conference of
including
countries undergoing the process of
transition to a
market economy, may voluntarily assume the obligations
of the developed country Parties. For the purpose of this
Article, the Conference of the Parties, shall at its first
meeting establish a list of developed country Parties and
other Parties which voluntarily assume the obligations of
the developed country Parties. The Conference of the
Parties shall periodically review and if necessary amend
the list. Contributions from other countries and sources
on a voluntary basis would also be encouraged. The
take into
implementation of these commitments shall
account the need for adequacy, predictability and timely
flow of funds and the importance of burden-sharing
among the contributing Parties included in the list.

The developed country Parties may also provide,
3 .
and developing country Parties avail
therpselves of,
financial resources related to the implementation of this
Convention through bilateral, regional and other multi­
lateral channels.

their commitments under

The extent to which developing country Parties will
4.
effectively implement
this
Convention will depend on the effective implementation
by developed country Parties of
their commitments
under this Convention related to financial resources and
transfer of technology and will take fully into account
the fact that economic and social development and eradi­
cation of poverty are the first and overriding priorities of
the developing country Parties.

5 .
The Parties shall take full account of the specific
needs and special situation of least developed countries
in their actions with regard to funding and transfer of
technology.

Consideration shall also be given to the special
7.
situation of developing countries,
including those that
are most environmentally vulnerable, such as those with
arid and semi-arid zones, coastal and mountainous areas.

Article 21

Financial mechanism

of

of

For

purposes

the Parties

function under

for purposes

There shall be a mechanism for the provision of
1 .
financial
resources to developing country Parties for
purposes of this Convention on a grant or concessional
basis the essential elements of which are described in this
Article . The mechanism shall
the
authority and guidance of, and be accountable to, the
Conference
this
Convention. The operations of the mechanism shall be
carried out by such institutional structure as may be
decided upon by the Conference of the Parties at its first
meeting.
the
of
Conference of the Parties shall determine the policy,
strategy, programme priorities and eligibility criteria
relating to the access to and utilization of such resources.
The contributions shall be such as to take into account
the need for predictability, adequacy and timely flow of
funds referred to in Article 20 in accordance with the
amount of resources needed to be decided periodically
by the Conference of the Parties and the importance of
burden-sharing among the contributing Parties included
in the list referred to in Article 20 (2). Voluntary contri­
butions may also be made by the developed country
Parties
and sources. The
mechanism shall operate within a democratic and trans­
parent system of governance.

and by other countries

this Convention,

its

Pursuant to the objectives of this Convention, the
2.
Conference of the Parties shall at
first meeting
determine the policy, strategy and programme priorities,
as well as detailed criteria and guidelines for eligibility
for access to and utilization of the financial resources
including monitoring and evaluation on a regular basis
of such utilization. The Conference of the Parties shall
decide on the arrangements to give effect to paragraph 1
after
structure
entrusted with the operation of the financial mechanism.

consultation with

institutional

the

The Contracting Parties

6.
into
consideration the special conditions resulting from the
dependence on, distribution and location of, biological

also take

shall

The Conference of the Parties shall

review the
3 .
effectiveness of the mechanism established under this
Article, including the criteria and guidelines referred to
in paragraph 2, not less than two years after the entry

13 . 12 . 93

Official Journal of the European Communities

No L 309 / 11

into force of this Convention and thereafter on a regular
basis. Based on such review,
take appropriate
action to improve the effectiveness of the mechanism if
necessary.

it shall

4.
The Contracting Parties shall consider strength­
ening existing financial institutions to provide financial
resources for the conservation and sustainable use of
biological diversity.

Article 22

Relationship with other international conventions

1 .
The provisions of this Convention shall not affect
the rights and obligations of any Contracting Party
deriving from any existing international agreement,
except where the exercise of those rights and obligations
would cause a serious damage or threat to biological
diversity.

Parties

Contracting

this
2.
Convention with respect
to the marine environment
consistently with the rights and obligations of States
under the law of the sea.

implement

shall

Article 23

Conference of the Parties

A Conference of the Parties is hereby established.
1 .
The first meeting of the Conference of the Parties shall
be convened by the Executive Director of the United
later than one
Nations Environment Programme not
year after
this Convention.
Thereafter, ordinary meetings of the Conference of the
Parties shall be held at regular intervals to be determined
by the Conference at its first meeting.

the entry into force of

Extraordinary meetings of the Conference of the
2.
Parties shall be held at such other times as may be
deemed necessary by the Conference, or at the written
request of any Party, provided that, within six months of
the request being communicated to them by the Secre­
tariat, it is supported by at least one-third of the Parties.

3.
The Conference of the Parties shall by consensus
agree upon and adopt rules of procedure for itself and
for any subsidiary body it may establish, as well as
financial rules governing the funding of the Secretariat.
At each ordinary meeting, it shall adopt a budget for the
financial period until the next ordinary meeting.

4.
The Conference of the Parties shall keep under
review the implementation of this Convention, and, for
this purpose, shall :

(a) establish the form and the intervals for transmitting
the information to be submitted in accordance with
Article 26 and consider such information as well as
reports submitted by any subsidiary body;

(b) review scientific, technical and technological advice
on biological diversity provided in accordance with
Article 25 ;

(c) consider

as
accordance with Article 28 ;

and adopt,

required, Protocols

in

(d) consider and adopt, as required, in accordance with
Articles 29 and 30 , amendments to this Convention
and its Annexes ;

(e) consider amendments to any Protocol, as well as to
any Annexes thereto, and, if so decided, recommend
to the Protocol
their
concerned ;

adoption to the parties

(f) consider and adopt, as required, in accordance with
Article 30, additional Annexes to this Convention ;

(g) establish such subsidiary bodies ; particularly to
provide scientific and technical advice, as are deemed
necessary for the implementation of this Convention ;

(h) contact, through the Secretariat, the executive bodies
of conventions dealing with matters covered by this
Convention with a view to establishing appropriate
forms of cooperation with them ; ^nd

(i) consider and undertake any additional action that
may be required for the achievement of the purposes
of this Convention in the light of experience gained
in its operation.

The United Nations,

5 .
its specialized agencies and
the International Atomic Energy Agency, as well as any
State not Party to this Convention, may be represented
the
as observers at meetings of the Conference of
Parties. Any other body or agency, whether govern­
mental or non-governmental, qualified in fields relating
to conservation and sustainable
use of biological
diversity, which has informed the Secretariat of its wish
to be represented as an observer at a meeting of the
Conference of the Parties, may be admitted unless at
least one-third of
the Parties present object. The
admission and participation of observers shall be subject
to the rules of procedure adopted by the Conference of
the Parties .

Article 24

Secretariat

A secretariat

1 .
shall be ;

is hereby established.

Its functions

(a)

arrange

the
to
Conference of the Parties provided for in Article 23 ;

service meetings of

and

for

(b) to perform the functions assigned to it by any

Protocol ;

(c)

to prepare reports on the execution of its functions
under this Convention and present
them to the
Conference of the Parties ;

No L 309/ 12

Official Journal of the European Communities

13 . 12. 93

(d) to coordinate with other

international
bodies and, in particular to enter into such adminis­
trative and contractual arrangements as may be
required for the effective discharge of its functions ;
and

relevant

(e)

to perform such other
determined by the Conference of the Parties,

functions

as may be

2»
At its first ordinary meeting, the C3onference of the
Parties shall designate the secretariat from amongst those
international organizations which
existing competent
the sec­
have signified their willingness to carry out
retariat functions under this Convention .

Article 25

Subsidiary body on scientific, technical and technological
advice

1 .
A subsidiary body for the provision of scientific,
technical and technological advice is hereby established
to provide the Conference of the Parties and, as appro­
priate,
its other subsidiary bodies with timely advice
relating to the implementation of this Convention. This
body shall be open to participation by all Parties and
shall be multidisciplinary. It shall comprise government
represantatives
field of
expertise. It shall report regularly to the Conference of
the Parties on all aspects of its work.

competent

relevant

the

in

2.
Under the authority of and in accordance with
guidelines laid down by the Conference of the Parties,
and upon its request, this body shall :

(a) provide scientific and technical assessments of the

status of biological diversity;

(b) prepare scientific and technical assessments of the
effects of types of measures taken in accordance with
the provisions of this Convention ;

(c)

identify innovative,
efficient and state-of-the-art
technologies and know-how relating to the conser­
vation and sustainable use of biological diversity and
advise on the ways and means of promoting devel­
opment and/or transferring such technologies ;

(d) provide advice on scientific programmes and inter­
national cooperation in research and development
related to conservation and sustainable use of bio­
logical diversity; and

(e) respond to scientific,

technological and
methodological questions that the Conference of the
Parties and its subsidiary bodies may put to the body.

technical,

Article 26

Reports

at

to be
Each Contracting Party shall,
determined by the Conference of the Parties, present to
the Conference of the Parties, reports on measures which
it has taken for the implementation of the provisions of
this Convention and their effectiveness in meeting the
objectives of this Convention.

intervals

Article 27

Settlement of disputes

1 .
In the event of a dispute between Contracting
Parties concerning the interpretation or application of
this Convention,
seek
solution by negotiation.

concerned shall

the parties

2.
If the parties concerned cannot reach agreement by
negotiation, they may jointly seek the good offices of, or
request mediation by, a third party.

3. When ratifying, accepting, approving or acceding
to this Convention, or at any time thereafter, a State or
regional economic integration organization may declare
in writing to the depositary that for a dispute not
resolved in accordance with paragraph 1 or 2, it accepts
one or both of the following means of dispute settlement
as compulsory :

(a) arbitration in accordance with the procedure laid

down in Part 1 of Annex II ;

(b) submission of the dispute to the International Court

of Justice .

4.
If the parties to the dispute have not, in accordance
with paragraph 3, accepted the same or any procedure,
submitted to conciliation in
the dispute
accordance with Part 2 of Annex II unless the Parties
otherwise agree.

shall

be

The provisions of this Article shall apply with
5.
respect to any protocol except as otherwise provided in
the Protocol concerned .

Article 28

Adoption of Protocols

The Contracting Parties shall cooperate in the
this

of Protocols

adoption

and

to

1 .
formulation
Convention .

Protocols shall be adopted at a meeting of the

2.
Conference of the Parties.

3.
The functions, terms of reference, organization and
operation of this body may be further elaborated by the
Conference of the Parties .

The text of any proposed Protocol

3.
shall be
communicated to the Contracting Parties by the Secre­
tariat at least six months before such a meeting.

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Article 29

Amendment of the Convention or Protocols

Amendments to this Convention may be proposed
1 .
by any Contracting Party. Amendments to any Protocol
may be proposed by any Party to that Protocol.

2.
Amendments to this Convention shall be adopted at
a meeting of the Conference of the Parties. Amendments
to any Protocol shall be adopted at a meeting of the
in question. The text of any
Parties to the Protocol
to this Convention or to any
proposed amendment
Protocol, except as may otherwise be provided in such
Protocol, shall be communicated to the Parties to the
instrument
least six
in question by the secretariat at
months before the meeting at which it is proposed for
secretariat
communicate
adoption. The
proposed
this
to
to
Convention for information .

amendments

signatories

shall
the

also

on

any

proposed

The Parties

shall make every effort
amendment

to reach
3.
agreement
this
to
Convention or to any Protocol by consensus.
If all
efforts at consensus have been exhausted, and no
agreement reached, the amendment shall as a last resort
be adopted by a two-thirds majority vote of the Parties
to the instrument in question present and voting at the
meeting, and shall be submitted by the Depositary to all
Parties for ratification, acceptance or approval.

to

be

notified

the Depositary

Ratification, acceptance or approval of amendments
4.
in writing.
shall
Amendments adopted in accordance with paragraph 3
shall enter into force among Parties having accepted
them on the 90th day after the deposit of instruments of
ratification, acceptance or approval by at least two-thirds
of the Contracting Parties to this Convention or of the
Parties
as may
to the Protocol concerned, except
otherwise be provided in such Protocol. Thereafter the
amendments shall enter into force for any other Party on
the 90th day after that Party deposits its instrument of
ratification, acceptance or approval of the amendments .

For the purposes of this Article,

5.
'Parties present
and voting' means Parties present and casting an
affirmative or negative vote.

Article 30

Adoption and amendment of Annexes

1 .
The Annexes to this Convention or to any Protocol
shall form an integral part of the Convention or of such
Protocol, as the case may be, and, unless expressly
provided otherwise, a reference to this Convention or its
Protocols constitutes at the same time a reference to any
Annexes thereto . Such Annexes shall be restricted to

procedural,
matters .

scientific,

technical

and

administrative

Except as may be otherwise provided in any
2.
Protocol with respect
the following
procedure shall apply to the proposal, adoption and
entry
this
of
Convention or of Annexes to any Protocol :

additional Annexes

to its Annexes,

force

into

to

(a) Annexes to this Convention or to any Protocol shall
be proposed and adopted according to the procedure
laid down in Article 29 ;

to which it

the communication of

(b) any Party that is unable to approve an additional
Annex to this Convention or an Annex to any
is Party shall so notify the
Protocol
Depositary, in writing, within one year from the date
of
the adoption by the
Depositary. The Depositary shall without delay
notify all Parties of any such notification received. A
any time withdraw a previous
Party may at
declaration of objection and the Annexes
shall
thereupon enter into force for that Party subject to
subparagraph (c);

(c) on the expiry of one year from the date of the
communication of the adoption by the Depositary,
the Annex shall enter into force for all Parties to this
Convention or to any protocol concerned which
have not submitted a notification in accordance with
the provisions of subparagraph (b).

The proposal, adoption and entry into force of
3 .
amendments to Annexes to this Convention or to any
Protocol shall be subject to the same procedure as for
the proposal, adoption and entry into force of Annexes
to the Convention or Annexes to any Protocol.

4 .
to an
If an additional Annex or an amendment
Annex is related to an amendment to this Convention or
the additional Annex or amendment
to any Protocol,
shall not enter
the
into force until
amendment
to the Protocol
concerned enters into force .

to the Convention or

such time as

Article 31

Right to vote

Except

as provided for

in paragraph 2, each
1 .
Contracting Party to this Convention or to any Protocol
shall have one vote.

2.
in
Regional economic integration organizations,
matters within their competence, shall exercise their right
to vote with a number of votes equal to the number of
their member States which are Contracting Parties to this

No L 309/ 14

Official Journal of the European Communities

13 , 12 . 93

Convention or the relevant Protocol. Such organizations
shall not exercise their right to vote if their member
States exercise theirs, and vice versa.

Article 35

Accession

Article 32

Relationship between this Convention and its Protocols

A State or a regional economic integration organ­
1 .
ization may not become a Party to a Protocol unless it
is, or becomes at the same time, a Contracting Party to
this Convention .

Decisions under any Protocol shall be taken only
2.
by the Parties
concerned. Any
the Protocol
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.

to

Article 33

Signature

This Convention shall be open for signature at Rio de
Janeiro by all States and any regional economic inte­
gration organization from 5 to 14 June 1992, and at the
in New York from
United Nations Headquarters
15 June 1992 to 4 June 1993 .

Article 34

Ratification, acceptance or approval

1 .
This Convention and any Protocol shall be subject
to ratification, acceptance or approval by States and by
regional economic integration organizations. Instruments
of ratification, acceptance or approval shall be deposited
with the Depositary.

Any organization referred to in paragraph 1 which
2.
becomes a Contracting Party to this Convention or any
Protocol without any of its member States being a
Contracting Party shall be bound by all the obligations
under the Convention or the Protocol, as the case may
be. In the case of such organizations, one or more of
whose member States is a Contracting Party to this
Convention or relevant Protocol,
the organization and
its member States shall decide on their respective re­
sponsibilities for the performance of their obligations
under the Convention or Protocol, as the case may be.
In such cases, the organization and the member States
shall not be entitled to exercise
the
Convention or relevant Protocol concurrently.

rights under

In their instruments of ratification, acceptance or
3 .
approval,
the organizations referred to in paragraph 1
shall declare the extent of their competence with respect
to the matters governed by the Convention or the
relevant Protocol. These organizations shall also inform
the Depositary of any relevant modification in the extent
of their competence.

This Convention and any Protocol shall be open
1 .
for accession by States and by regional economic inte­
gration organizations
from the date on which the
Convention or the Protocol concerned is closed for
signature . The
be
deposited with the Depositary.

instruments of

accession

shall

2 .
In their instruments of accession, the organizations
referred to in paragraph 1 shall declare the extent of
their competence with respect to the matters governed by
the Convention or the relevant Protocol. These organiz­
ations shall also inform the Depositary of any relevant
modification in the extent of their competence.

The provisions of Article 34 (2) shall apply to
organizations which

3.
regional
accede to this Convention or any Protocol.

integration

economic

Article 36

Entry into force

1 .
This Convention shall enter into force on the 90th
day after the date of deposit of the 30th instrument of
ratification, acceptance, approval or accession.

2 .
Any Protocol shall enter into force on the 90th day
after the date of deposit of the number of instruments of
ratification, acceptance, approval or accession, specified
in that Protocol, has been deposited.

3.
For each Contracting Party which ratifies, accepts
or approves this Convention or accedes thereto after the
deposit of the 30th instrument of ratification, acceptance,
approval or accession,
it shall enter into force on the
90th day after the date of deposit by such Contracting
Party of
acceptance,
approval or accession.

instrument of

ratification,

its

4.
Any Protocol, except as otherwise provided in such
Protocol, shall enter into force for a Contracting Party
that ratifies, accepts or approves that Protocol or accedes
thereto after its entry into force pursuant to paragraph 2,
on the 90th day after the date on which that Contracting
Party deposits its instrument of ratification, acceptance,
approval or accession, or on the date on which this
Convention enters into force for that Contracting Party,
whichever shall be the later.

For

the purposes of paragraphs

5.
1 and 2, any
instrument deposited by a regional economic integration
organization shall not be counted as additional to those
deposited by member States of such organization.

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Article 37

Reservations

No reservations may be made to this Convention.

Article 38

Withdrawals

1 .
At any time after two years from the date on which
this Convention has entered into force for a Contracting
Party, that Contracting Party may withdraw from the
the
Convention by
Depositary.

giving written

notification

to

Any such withdrawal shall take place upon expiry
2 .
of one year after
receipt by the
the date of
Depositary, or on such later date as may be specified in
the notification of the withdrawal .

its

the

United

Programme,

Development
Nations
Environment Programme and the International Bank for
Reconstruction and Development
shall be the insti­
tutional structure referred to in Article 21 on an interim
basis, for the period between the entry into force of this
Convention and the first meeting of the Conference of
the Parties or until the Conference of the Parties decides
which institutional
be designated in
structure will
accordance with Article 21 .

Article 40

Secretariat interim arrangements

The secretariat to be provided by the Executive Director
of the United Nations Environment Programme shall be
the secretariat referred to in Article 24 (2) on an interim
basis for the period between the entry into force of this
Convention and the first meeting of the Conference of
the Parties .

Article 41

Depositary

3 .
Any Contracting Party which withdraws from this
Convention shall be considered as also having withdrawn
from any Protocol to which it is party.

The Secretary-General of
shall
assume the functions of Depositary of this Convention
and any Protocols .

the United Nations

Article 39

Financial interim arrangements

that

Provided
restructured
accordance with the requirements of Article 21 ,
Global Environment Facility of

in
the
the United Nations

been

fully

has

it

Article 42

Authentic texts

The original of this Convention, of which the Arabic,
Chinese, English , French, Russian and Spanish texts are
equally
the
Secretary-General of the United Nations,

deposited with

authentic,

shall

be

In witness whereof the undersigned, being duly authorized to that effect, have signed this
Convention .

Done at Rio de Janeiro on this fifth day of June, one thousand nine hundred and ninety-two.

No L 309/ 16

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13 . 12. 93

ANNEX I

IDENTIFICATION AND MONITORING

1 . Ecosystems and habitats : containing high diversity, large numbers of endemic or threatened species, or
wilderness ; required by migratory species ; of social, economic, cultural or scientific importance ; or,
which are representative, unique or associated with key evolutionary or other biological processes ;

2. species and communities which are : threatened ; wild relatives of domesticated or cultivated species ; of
importance ; of
medicinal, agricultural or other economic value ; or social, scientific or cultural
importance for research into the conservation and sustainable use of biological diversity, such as
indicator species ; and

3. described genomes and genes of social, scientific or economic importance.

13 . 12 . 93

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No L 309/ 17

ANNEX II

PART 1

Arbitration

Article 1

Article 7

in particular,

The claimant party shall notify the secretariat that the parties
are referring a dispute to arbitration pursuant to Article 27. The
notification shall state the subject-matter of arbitration and
include,
the Articles of the Convention or the
Protocol, the interpretation or application of which is at issue. If
the parties do not agree on the subject matter of the dispute
before the president of the tribunal is designated, the arbitral
tribunal shall determine the subject matter. The secretariat shall
forward the information thus received to all Contracting Parties
to this Convention or to the Protocol concerned .

The parties to the dispute shall facilitate the work of the arbitral
in particular, using all means at their disposal,
tribunal and,
shall :

(a) provide it with all

relevant documents,

information and

facilities ; and

(b) enable it, when necessary, to call witnesses or experts and

receive their evidence.

Article 2

1 .
In disputes between two parties, the arbitral tribunal shall
consist of three members. Each of the parties to the dispute shall
appoint an arbitrator and the two arbitrators so appointed shall
designate by common agreement the third arbitrator who shall
be the president of the tribunal. The latter shall not be a
national of one of the parties to the dispute, nor have his or her
usual place of residence in the territory of one of these parties,
nor be employed by any of them, nor have dealt with the case in
any other capacity.

2.
In disputes between more than two parties, parties in the
same interest shall appoint one arbitrator jointly by agreement.

Any vacancy shall be filled in the manner prescribed for

3.
the initial appointment.

Article 3

If the president of the arbitral

1 .
tribunal has not been
designated within two months of the appointment of the second
arbitrator, tjie Secretary-General of the United Nations shall, at
the request of a party, designate the president within a further
two-month period.

2.
If one of the parties to the dispute does not appoint an
arbitrator within two months of receipt of the request, the other
party may inform the Secretary-General who shall make the
designation within a further two-month period.

Article 4

The arbitral
with
concerned, and international law.

provisions of

tribunal shall render its decisions in accordance
any protocols
this Convention,

the

Article 5

Unless the parties to the dispute otherwise agree, the arbitral
tribunal shall determine its own rules of procedure.

Article 8

The parties and the arbitrators are under an obligation to
protect the confidentiality of any information they receive in
confidence during the proceedings of the arbitral tribunal.

Article 9

Unless the arbitral tribunal determines otherwise because of the
particular circumstances of the case, the costs of the tribunal
shall be borne by the parties to the dispute in equal shares. The
tribunal shall keep a record of all its costs, and shall furnish a
final statement thereof to the parties.

Article 10

Any Contracting Party that has an interest of a legal nature in
the subject matter of the dispute which may be affected by the
decision in the case, may intervene in the proceedings with the
consent of the tribunal .

Article 11

The tribunal may hear and determine counterclaims arising
directly out of the subject matter of the dispute.

Article 12

Decisions both on procedure and substance of the arbitral
tribunal shall be taken by a majority vote of its members.

Article 13

If one of the parties to the dispute does not appear before the
arbitral tribunal or fails to defend its case, the other party may
request the tribunal to continue the proceedings and to make its
award. Absence of a party or a failure of a party to defend its
case shall not constitute a bar to the proceedings. Before
rendering its final decision,
tribunal must satisfy
itself that the claim is well founded in fact and law.

the arbitral

Article 6

Article 14

The arbitral tribunal may, at the request of one of the parties,
recommend essential interim measures of protection.

The tribunal shall render its final decision within five months of
finds it
the date on which it

fully constituted unless it

is

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Official Journal of the European Communities

13 . 12 . 93

necessary to extend the time limit for a period which should not
exceed five more months .

Article 15

The final decision of the arbitral tribunal shall be confined to
the subject matter of the dispute and shall state the reasons on
which it is based. It shall contain the names of the members who
have participated and the date of
the final decision . Any
member of the tribunal may attach a separate or dissenting
opinion to the final decision.

Article 16

The award shall be binding on the parties to the dispute. It shall
be without appeal unless the parties to the dispute have agreed
in advance to an appellate procedure.
Article 17

Any controversy which may arise between the parties to the
dispute as regards the interpretation or manner of implemen­
tation of the final decision may be submitted by either party for
decision to the arbitral tribunal which rendered it.

PART 2

Conciliation

Article 1

A conciliation commission shall be created upon the request of
one of the parties to the dispute. The commission shall, unless
the parties otherwise agree, be composed of five members, two
appointed by each party concerned and a president chosen
jointly by those members.

Article 2

In disputes between more than two parties, parties in the same
interest shall appoint their members of the commission jointly
by agreement. Where two or more parties have separate
interests or there is a disagreement as to whether they are of the
same interest, they shall appoint their members separately.

Article 3

If any appointments by the parties are not made within two
months of the date of the request
to create a conciliation
commission, the Secretary-General of the United Nations shall,

if asked to do so by the party that made the request, make those
appointments within a further two-month period.

Article 4

If a President of the conciliation commission has not been
chosen within two months of the last of the members of the
commission being appointed,
the
United Nations shall, if asked to do so by a party, designate a
President within a further two-month period.

the Secretary-General of

Article 5

The conciliation commission shall take its decisions by majority
vote of its members. It shall, unless the parties to the dispute
otherwise agree, determine its own procedure. It shall render a
proposal for resolution of the dispute, which the parties shall
consider in good faith.

Article 6

A disagreement as to whether the conciliation commission has
competence shall be decided by the commission.

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DECLARATION BY THE EUROPEAN ECONOMIC COMMUNITY IN ACCORDANCE WITH
ARTICLE 34 (3) OF THE CONVENTION ON BIOLOGICAL DIVERSITY

ANNEX B

In accordance with the relevant provisions of the Treaty establishing the European Economic Community,
the Community alongside its Member States has competence to take actions aiming at the protection of the
environment.

In relation to the matters covered by the Convention,
legal
instruments, both as part of its environment policy and in the framework of other sectoral policies, the
most relevant of which are listed below :

the Community has adopted several

— Council Decision 82/72/EEC of 3 December 1981 concerning the conclusion of the Convention on the

conservation of European wildlife and natural habitats (OJ No L 38 , 10. 2 . 1982, p. 1 ),

— Council Decision 82/461 /EEC of 24 June 1982 on the conclusion of the Convention on the conser­

vation of migratory species of wild animals (OJ No L 210, 19. 7. 1982, p. 10),

— Council Regulation (EEC) No 3626/ 82 of 3 December 1982 on the implementation in the Community
of the Convention on international trade in endangered species of wild fauna and flora (OJ No L 384 ,
31 . 12 . 1982 , p. 1 ),

— Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ No L 103, 25 . 4.

1979, p. 1 ),

— Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild

fauna and flora (OJ No L 206, 22 . 7. 1992, p. 7),

— Council Directive 85 /337/EEC of 27 June 1985 on the assessment of the effects of certain public and

private projects on the environment (OJ No L 175, 5. 7. 1985, p. 40),

— Council Regulation (EEC) No 2078 /92 of 30 June 1992 on agricultural production methods
compatible with the requirements of the protection of the environment and the maintenance of the
countryside (OJ No L 215, 30 . 7. 1992, p. 85),

— Council Decision 89/625/EEC of 20 November 1989 on a European Programme on Science and Tech­

nology for Environment Protection (STEP) (OJ No L 359, 8 . 12. 1989, p. 9),

— Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for

fisheries and aquaculture (OJ No L 389, 31 . 12. 1992, p. 1 ),

— Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro­

organisms (OJ No L 117, 8 . 5 . 1990, p. 1 ),

— Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of

genetically modified organisms (OJ No L 117, 8 . 5. 1990, p. 15),

— Council Regulation (EEC) No 1973/92 of 21 May 1992 establishing a financial instrument for the

environment (LIFE) (OJ No L 206, 22. 7. 1992, p. 1 ).

No L 309/20

Official Journal of the European Communities

13 . 12 , 93

ANNEX C

DECLARATION MADE ON THE OCCASION OF THE RATIFICATION OF THE CONVENTION
OF BIODIVERSITY

Within their respective competence, the European Community and its Member States wish to reaffirm the
importance they attach to transfers of technology and to biotechnology in order to ensure the conservation
and sustainable use of biological diversity. The compliance with intellectual property rights constitutes an
essential element for the implementation of policies for technology transfer and co-investment.

For the European Community and its Member States, transfers of technology and access to biotechnology,
as defined in the text of the Convention on Biological Diversity, will be carried out in accordance with
Article 16 of the said Convention and in compliance with the principles and rules of protection of intel­
lectual property, in particular multilateral and bilateral agreements signed or negotiated by the contracting
parties to this Convention.

The European Community and its Member States will encourage the use of the financial mechanism estab­
lished by the Convention to promote the voluntary transfer of intellectual property rights held by European
operators, in particular as regards the granting of licences, through normal commercial mechanisms and
decisions, while ensuring adequate and effective protection of property rights.