Proposal for a COUNCIL DECISION concerning the conclusion of the Convention on Biological Diversity
Date: 1992-12-21
Institutions: European Commission
Subjects: UN convention, biomass, conservation of resources, ecosystem, environmental protection, ratification of an agreement

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(92)509  final 

Brussels, 21 December  1992 

Proposal  for a 

COUNCIL DECISION 

Concerning the concilia I on of 

the Convention on Biological  Diversity 

(presented by the Commission) 

-  2 -

SUMMARY 

The  proposal  for  a  Council  Decision  concerning  the  conclusion  of  the 
Convention  on Biological  Diversity  establishes  the  legal  basis  to allow  the 
European  Economic  Community  to  ratify  the  abovementioned  Convention  and 
sets-up  the schedule  to be met  by Member  States  for  the same  purpose. 

-  3 -

Explanatory  Memorandum 

In  1987  the  United  Nations  Environment  Programme  created  an  experts 
group  to  look  into  the  need  of  an  International  agreement  on  the 
conservation of  biological  diversity. 

2.  After  four  expert's  meetings,  an 

Intergovernmental  Negotiating 
Committee  for  a  Convention  on  Biological  Diversity  was  created  and 
negotiations  started  In  June  1991,  based  on  a  draft  text  prepared  by 
the UNEP  secretariat. 

3.  On  July  29  1991,  the  European  Commission  was  authorized  by  the Council 
to  participate  in  these  negotiating  meetings  on  behalf  of  the 
Community. 

4.  This decision was  taken based on  several  motivations : 

At  the  Dublin  European  Council  (June  1990),  the  Community 
recognized 
in  the  solution  of  global 
environmental  problems. The conservation of  biological  diversity  is 
one of  the major  Issues  in this area. 

its  specific  role 

Long  before  the  Dublin  European  Council,  the Community  had  already 
developed  common  policies  and  actions  to  protect  blotopes  and 
endangered  species.  The  Community  Is  party  to  international 
agreements  related  to  nature  protection  like  the  Berne  Convention 
(on the conservation  of wildlife  and  natural  habitats) and  the Bonn 
Convention  (on  the  conservation  of  migratory  species  of  wild 
animals).  The  Community  is  also  closely  involved  in  CITES,  the 
Convention  for  the  protection  of  endangered  species  of  fauna  and 
flora. 

5.  The  Commission  participated  in  the  4  subsequent  intergovernmental 
negotiating  meetings  held  in  September  1991  (Nairobi),  November  1991 
(Geneva), February  and May  1992  (Nairobi). 

6.  At  the  last  Intergovernmental  negotiating  meeting  (May  1992)  an 
agreement  was  reached  on  a  text  for  a  Convention  on  Biological 
Diversity. 

7.  The  Convention  on  Biological  Diversity  was  signed  by  the  Community  and 
Its Member  States  on  June  9  1992, at  the  United  Nations  Conference  on 
Environment  and Development,  in Rio de  Janeiro. 

8.  Mr  Anlbal  CAVACO  SILVA,  Prime  Minister  of  the  Portuguese  Republic, 
speaking  on  behalf  of  the  European  Community  and  its Member  States  on 
the  occasion  of  the  signature  by  the  Community  of  the  Convention  on 
Biological  Diversity,  stated  that  "this  Convention  provides  a  package 
of measures which  form  a basis  for  progress on  this  important  subject". 

-  4  -

9.  In  view  of  the  relationship  between  certain  provisions  of  the 
Convention  and  the  international  rules  on  Intellectual  Property  Rights 
on one  hand,  and  the Commission's  proposal  for  a Directive  on  the  legal 
protection  of  biotechnological  inventions  on  the  other  hand,  it  is 
appropriate  : 

for  the  European  Community  and  its  Member  states  to  make  an 
Interpretative  Declaration  on  the  occasion  of  the  ratification  of 
the Convention  (see Annex  III); 

for  the  Commission  to  note  that  the  Convention  presupposes  the 
existence  of  patents  and  other 
for 
biotechnological  inventions among  the contracting  parties and  that, 
therefore, 
providing 
biotechnological  Inventions  with  uniform  protection  at  Community 
level. 

means  of  protection 

Community 

prevents 

nothing 

from 

the 

10.  It  Is  in  the  Interest  of  the  Community,  both  in  terms  of  policy 

coherence  and  effectiveness,  to  ratify  the  Convention  on  Biological 
Diversity,  thereby  enhancing  the Community's  actions  to preserve  nature 
as  they  are brought  together  with  the efforts of  other  nations. 

- 5 -

PROPOSAL FOR A COUNCIL  DECISION CONCERNING THE CONCLUSION OF THE CONVENTION 
ON BIOLOGICAL  DIVERSITY. 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES. 

Having  regard  to the Treaty  establishing  the European  Economic  Community, 
and  in particular  Article 130 S thereof, 

Having  regard to the proposal  from the Commission, 

Having  regard to the opinion of the European Parliament (1), 

Having  regard to the opinion of the Economic and Social  Committee (2), 

Whereas  the Community  participated  In the negotiations  under  the auspices 
of  the  United  Nations  Environment  Program  for  the  preparation  of  a 
Convention on Biological  Diversity (3); 

Whereas,  during  the  United  Nations  Conference  on  Environment  and 
Development  in Rio de  Janeiro  from  3 - 14  June  1992, the Convention  on 
Biological  Diversity  was signed by the Community; 

Whereas  the purpose  of  this  Convention  Is to  ensure  the conservation of 
biological  diversity,  the sustainable  use of  Its  components  and the fair 
and  equitable  sharing  of  the benefits  arising  out of  the utilisation of 
genetic resources; 

Whereas  the  Convention,  under  Article  34,  is  open  for  ratification, 
acceptance  or  approval  by  Member  States  and  by  Regional  Economic 
Integration Organisations; 

Whereas  the protection of the environment  is one of  the Community's  goals 
according to article 130r of the Treaty, which  includes the conservation of 
nature; 

Whereas  the  Community  has  already  developed  and  undertaken  extensive 
actions  In  Its own territory  to safeguard  biological  diversity  and this is 
an essential  contribution  to the conservation of biodiversity  worldwide; 

Whereas  conservation of nature  is a global  concern  and  it  is therefore in 
the  interest of the Community  to participate  In international  efforts  with 
the same goal ; 

Whereas the European Community  has an economic  interest  in the conservation 
and  sustainable  use  of  biological  diversity  worldwide,  and  also  in 
attaining agreed  rules about  utilisation and benefits sharing; 

(1)  OJ  No  C 
(2)  OJ No C 
(3)  Council  Conclusions  of  June  1991  not  published 

Journal  of  the  European  Common It  les. 

In  the  Official 

-  6 -

Whereas,  in view of  the measures  the Community  has  already  adopted  in some 
of  the areas covered  by  the Convention,  it  is for  the Community  to take  its 
responsibilities  in these areas at  the  international  level; 

Whereas,  as  a  consequence,  the  Community  and  its  Member  States  share 
competence  in the areas  covered  by  the Convention,  and  it  is necessary  for 
the  Community  and  its Member  States  to  become  Contracting  Parties  so  that 
all  the obligations under  the Convention  can be properly  fulfilled; 

Whereas,  in  view  of  the  need  for  prompt  action,  it  is essential  that  the 
Community  and  its  Member  States  complete  as  soon  as  possible  the 
procedures  for  their  ratification or  approval  of  the Convention; 

Whereas  it  is desirable  that  the  Community  and  the  Member  States  deposit, 
simultaneously  If  possible,  their  instruments  of  ratification,  acceptance 
or  approval ; 

HAS ADOPTED THIS DECISION: 

Article 1 

The  Convention  on  Biological  Diversity  signed  in  June  1992  In  Rio  de 
Janeiro  is hereby  approved  by  the European  Economic  Community. 

The  text of  the Convention appears  In Annex  1 to this Decision. 

Article  2 

1.  On  behalf  of  the  European  Economic  Community,  the  President  of  the 
Council  shall  deposit  the  instrument  of  approval  with  the  Secretary-
General  of  the  United  Nations  In accordance  with  Article  34(1) of  the 
Convention. 

2.  At  the  same  time  the  President  shall  deposit  the  declaration  of 
competences  set  out  in  Annex  2  to  this  Decision  according  to  the 
provisions of Article  34  (3) of  the Convention,  as well  as  the  text  of 
the Declaration set out  In Annex  3 to this Decision. 

- 7 -

Article 3 

1.  Member States shall  take the necessary steps to permit the deposit, as 
far  as  possible  simultaneously  and  not  later  than  30-06-93, of  the 
instruments of  ratification  or  approval  of  the Member  States and  the 
Community 

2.  Member  States shall  inform  the Commission  not  later  than  30-04-93 of 
their  decision  to  ratify  the  Convention  or,  according  to  the 
circumstances, of the probable date of completion of these procedures. 
The Commission  shall,  In cooperation with  the Member  States, choose a 
date for depositing these  Instruments simultaneously. 

Article 4 

This Decision  is addressed to the Member States. 

Done In Brussels, 

For the CounclI 

- 8 -

ANNEX I 

TEXT OF THE CONVENTION ON BIOLOGICAL DIVERSITY 

UNITED  NATIONS  ENVIRONMENT  PROGRAMME 

UNEP 

CONVENTION ON BIOLOGICAL DIVERSITY 

5 JUNE 1992 

Na.92-7807 

CONVENTION  ON  BIOLOGICAL  DIVERSITY 

Preamble 

The  Contracting 

Parties, 

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

Conscious 

also  of the importance of biological diversity for evolution 

and for maintaining life sustaining systems of the biosphere, 

Affirming  that the conservation of biological diversity is a common 

concern of humankind, 

Reaffirming 

that States have sovereign rights over their own 

biological resources, 

Reaffirming 

also  that States are responsible for conserving their 

biological diversity and for using their biological resources in a 
sustainable manner, 

Concerned  thatbiological diversity is being significantly reduced by 

certain human activities, 

Avare of the general lack of information and knowledge regarding 

biological diversity and of the urgent need to develop scientific, 
technical and institutional capacities to provide the basic understanding 
upon which to plan and implement appropriate measures, 

Noting  that it is vital to anticipate, prevent and attack the causes 

of significant reduction or loss of biological diversity at source, 

Noting  also  that where there is a threat of significant reduction or 

loss of biological diversity, lack of full scientific certainty should not 
be used as a reason for postponing measures to avoid or minimize such a 
threat, 

Noting 

further  that the fundamental requirement for the conservation 

of biological diversity is the in-situ conservation of ecosystems and 
natural habitats and the maintenance and recovery of viable populations of 
species in their natural surroundings, 

further  that  ex-situ 
origin, also have an important role to play, 

Noting 

measures, preferably in the country of 

Recognizing  the close and traditional dependence of many indigenous 

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

Recognizing 

also  the vital role that women play in the conservation 

and sustainable use of biological diversity and affirming the need for the 
full participation of women at all levels of policy-making and 
implementation for biological diversity conservation, 

Stressing 

the importance of, and the need to promote, international, 

regional and global cooperation among States and intergovernmental 
organizations and the non-governmental sector for the conservation of 
biological diversity and the sustainable use of its components, 

/... 

-Vf  -

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

Acknowledging 

further  that special provision is required to meet the 

needs of developing countries, including the provision of new and 
additional financial resources and appropriate access to relevant 
technologies, 

Noting  in this regard the special conditions of the least developed 

countries and small island States, 

Acknowledging  that substantial investments are required to conserve 

biological diversity and that there is the expectation of a broad range of 
environmental, economic and social benefits from those investments, 

Recognizing  that economic and social development and poverty 
eradication are the first and overriding priorities of developing 
countries, 

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

Noting that, ultimately, the conservation and sustainable use of 

biological diversity will strengthen friendly relations among States and 
contribute to peace for humankind, 

Desiring  to enhance and complement existing international arrangements 

for the conservation of biological diversity and sustainable use of its 
components, and 

Determined  to conserve and sustainably use biological diversity for 

the benefit of present and future generations, 

Have agreed as follows: 

Article  1.  Objectives 

The objectives of this Convention, to be pursued in accordance with 

its relevant provisions, are the conservation of biological diversity, the 
sustainable use of its components and the fair and equitable sharing of the 
benefits arising out of the utilization of genetic resources, including by 
appropriate access to genetic resources and by appropriate transfer of 
relevant technologies, taking into account all rights over those resources 
and to technologies, and by appropriate funding. 

For the purposes of this Convention: 

Article 

2.  Use  of  Terms 

diversity" 

"Biological 
all sources including,  inter 
ecosystems and the ecological complexes of which they are part;  this 
includes diversity within species, between species and of ecosystems. 

means the variability among living organisms from 
alia,  terrestrial, marine and other aquatic 

"Biological 
thereof, populations, or any other biotic component of ecosystems with 
actual or potential use or value for humanity. 

resources"  includes genetic resources, organisms or parts 

/.. 

-\% 

"Biotechnology" 
systems, living organisms, or derivatives thereof, to make or modify 
products or processes for specific use. 

means any technological application that uses biological 

"Country 
of  genetic 
those genetic resources in  in-situ  conditions. 

resources" 

of  origin 

means the country which possesses 

providing 

"Country 
resources collected from  in-situ 
wild and domesticated species, or taken from  ex-situ 
may not have originated in that country. 

genetic 

resources"  means the country supplying genetic 

sources, including populations of both 

sources, which may or 

"Domesticated 
evolutionary process has been influenced by humans to meet their needs. 

species"  means species in which the 

or  cultivated 

"Ecosystem"  means a dynamic complex of plant, animal and micro-organism 
communities and their non-living environment interacting as a functional 
unit. 

"Ex-situ 
diversity outside their natural habitats. 

conservation" 

means the conservation of components of biological 

"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. 

conditions" 

"In-situ 
ecosystems and natural habitats, and. In the case of domesticated or 
cultivated species, in the surroundings where they have developed their 
distinctive properties. 

means conditions where genetic resources exist within 

conservation" 

"In-situ 
habitats and the maintenance and recovery of viable populations of species 
in their natural surroundings and, in the case of domesticated or 
cultivated species, in the surroundings where they have developed their 
distinctive properties. 

means the conservation of ecosystems and natural 

"Protected1  area"  means a geographically defined area which is designated or 
regulated and managed to achieve specific conservation objectives. 

economic 

integration 

"Regional 
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. 

means an organization 

organization" 

use"  means the use of components of biological diversity in a 

"Sustainable 
way and at a rate that does not lead to the long-term decline of biological 
diversity, thereby maintaining its potential to meet the needs and 
aspirations of present and future generations. 

"Technology"  includes biotechnology. 

Article 

3» 

Principle 

States have, in accordance with the Charter of the United Nations and 

the principles of international law, the sovereign right to exploit their 
own resources pursuant to their own environmental policies, and the 

-13 -

responsibility to ensure that activities within their jurisdiction or 
control do not cause damage to the environment of other States or of areas 
beyond the limits of national jurisdiction. 

Article  4. 

Jurisdictional 

Scope 

Subject to the rights of other States, and except as otherwise 
expressly provided  in this Convention, the provisions of this Convention 
apply, in relation to each Contracting Party: 

(a)  In the case of components of biological diversity, in areas 

within the limits of its national jurisdiction;  and 

(b)  In the case of processes and activities, regardless of where 
their effects occur, carried out under its jurisdiction or control, within 
the area of its national jurisdiction or beyond the limits of national 
jurisdiction. 

Article  5. 

Cooperation 

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

Article 6.  General  Measures 

for  Conservation 

and  Sustainable 

Use 

Each Contracting Party shall, in accordance with its particular 

conditions and capabilities: 

(a)  Develop national strategies, plans or programmes for the 

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

(b)  Integrate, as far as possible and as appropriate, the 
conservation and sustainable use of biological diversity into relevant 
sectoral or cross-sectoral plans, programmes and policies. 

Article 7.  Identification 

and  Monitoring 

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

in particular for the purposes of Articles 8 to 10: 

(a)  Identify components of biological diversity important for its 

conservation and sustainable use having regard to the indicative list of 
categories set down in Annex I; 

(b)  Monitor, through sampling and other techniques, the components of 

biological diversity identified pursuant to subparagraph  (a) above, paying 
particular attention to those requiring urgent conservation measures and 
those which offer the greatest potential for sustainable use; 

(c)  Identify processes and categories of activities which have or are 

likely to have significant adverse impacts on the conservation and 
sustainable use of biological diversity, and monitor their effects through 
sampling and other techniques;  and 

/... 

H 

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

Article 

8. 

In-situ 

Conservation 

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

(a)  Establish a system of protected areas or areas where special 

measures need to be taken to conserve biological diversity; 

(b)  Develop, where necessary, guidelines for the selection, 
establishment and management of protected areas or areas where special 
measures need to be taken to conserve biological diversity; 

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

(d)  Promote the protection of ecosystems, natural habitats and the 

maintenance of viable populations of species in natural surroundings; 

(e)  Promote environmentally sound and sustainable development in 

areas adjacent to protected areas with a view to furthering protection of 
these areas; 

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

(g)  Establish or maintain means to regulate, manage or control the 

risks associated with the use and release of living modified organisms 
resulting from biotechnology which are likely to have adverse environmental 
impacts that could affect the conservation and sustainable use of 
biological diversity, taking also into account the risks to human health; 

(h)  Prevent the introduction of, control or eradicate those alien 

species which threaten ecosystems, habitats or species; 

(i)  Endeavour to provide the conditions needed for compatibility 

between present uses and the conservation of biological diversity and the 
sustainable use of its components; 

(j)  Subject to its national legislation, respect, preserve and 

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

(k)  Develop or maintain necessary legislation and/or other regulatory 

provisions for the protection of threatened species and populations; 

(1)  Where a significant adverse effect on biological diversity has 

been determined pursuant to Article 7, regulate or manage the relevant 
processes and categories of activities;  and 

(m)  Cooperate in providing financial and other support for 

in-situ 
conservation outlined in subparagraphs  (a) to (1) above, particularly to 
developing countries. 

-\<-

Article 

9.  Ex-situ 

Conservation 

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

and predominantly for the purpose of complementing in-situ measures: 

(a)  Adopt measures for the  ex-situ  conservation of components of 

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

(b)  Establish and maintain facilities for ex-situ conservation of and 

research on plants, animals and micro-organisms, preferably in the country 
of origin of genetic resources; 

(c)  Adopt measures for the recovery and rehabilitation of threatened 

species and for their reintroduction into their natural habitats under 
appropriate conditions; 

(d)  Regulate and manage collection of biological resources from 

natural habitats for ex-situ conservation purposes so as not to threaten 
ecosystems and  in-situ 
temporary ex-situ measures are required under subparagraph (c) above; and 

populations of species, except where special 

(e)  Cooperate in providing financial and other support for 

conservation outlined in subparagraphs (a) to (d) above and in the 
establishment and maintenance of ex-situ conservation facilities in 
developing countries. 

ex-situ 

Article 

10.  Sustainable  Use  of  Components  of  Biological 

Diversity 

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

(a)  Integrate consideration of the conservation and sustainable use 

of biological resources into national decision-making; 

(b)  Adopt measures relating to the use of biological resources to 

avoid or minimize adverse impacts on biological diversity; 

(c)  Protect and encourage customary use of biological resources in 

accordance with traditional cultural practices that are compatible with 
conservation of sustainable use requirements; 

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

(e)  Encourage cooperation between its governmental authorities and 

its private sector in developing methods for sustainable use of biological 
resources. 

Article  11. 

Incentive  Measures 

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

Article 

12.  Research  and  Training 

The Contracting Parties, taking into account the special needs of 

developing countries, shall: 

(a)  Establish and maintain programmes for scientific and technical 

education and training in measures for the identification, conservation and 
sustainable use of biological diversity and its components and provide 

/... 

-\é-

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 
Conference of the Parties taken  in consequence of  recommendations of  the 
Subsidiary  Body on Scientific, Technical  and Technological Advice;  and 

in accordance with decisions of the 

alia, 

(c)  In keeping with the provisions of Articles  16, 18 and 20, promote 

and cooperate  in the use of  scientific  advances  in biological  diversity 
research  in developing methods  for conservation  and sustainable use of 
biological resources. 

Article 

13. 

Public  Education 

and  Awareness 

The Contracting  Parties shall: 

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

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

Article 

14. 

Impact  Assessment 

and  Minimizing  Adverse 

Impacts 

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

(a)  Introduce appropriate procedures requiring environmental  impact 

assessment  of  its proposed  projects that  are likely to have  significant 
adverse'effects on biological  diversity with a view to avoiding or 
minimizing  such effects and, where appropriate,  allow for public 
participation  in such procedures; 

(b)  Introduce appropriate  arrangements to ensure that the 

environmental  consequences of  its programmes  and policies that are  likely 
to have significant  adverse  impacts  on biological  diversity are duly  taken 
into account; 

(c)  Promote, on the basis of reciprocity,  notification, exchange of 

information  and consultation  on activities under their  jurisdiction  or 
control which  are  likely to  significantly  affect  adversely the biological 
diversity of other States or  areas beyond  the  limits of national 
jurisdiction,  by encouraging  the conclusion  of bilateral, regional or 
multilateral  arrangements,  as  appropriate; 

(d)  In the case of  imminent  or grave danger or damage, originating 

under  its jurisdiction  or control, to biological  diversity within the  area 
under  jurisdiction  of other  States or  in areas beyond the limits of 
national  jurisdiction,  notify  immediately  the potentially  affected  States 
of  such danger or damage, as well  as  initiate action to prevent or minimize 
such danger or damage;  and 

(e)  Promote national  arrangements  for emergency  responses to 

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

/... 

If 

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

Article 

15.  Access 

to  Genetic 

Resources 

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

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

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

4.  Access, where granted, shall be on mutually agreed terms and subject 
to the provisions of this Article. 

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

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

7.  Each Contracting Party shall take legislative, administrative or 
policy measures, as appropriate, and in accordance with Articles 16 and 19 
and, where necessary, through the financial mechanism established by 
Articles 20 and 21 with the aim of sharing in a fair and equitable way the 
results of research and development and the benefits arising from the 
commercial and other utilization of genetic resources with the Contracting 
Party providing such resources.  Such sharing shall be upon mutually agreed 
terms. 

y  Article 

16.  Access 

to  and  Transfer  of  Technology 

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

2.  Access to and transfer of technology referred to in paragraph 1 above 
to developing countries shall be provided and/or facilitated under fair and 
most favourable terms, including on concessional and preferential terms 
where mutually agreed, and, where necessary, in accordance with the 
financial mechanism established by Articles 20 and 21.  In the case of 
technology subject to patents and other intellectual property rights, such 

/... 

- 1* 

-

access and transfer shall be provided on terms which recognize and are 
consistent with the adequate and effective protection of intellectual 
property rights.  The application of this paragraph shall be consistent 
with paragraphs 3, 4 and 5 below. 

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

4.  Each Contracting Party shall take legislative, administrative or 
policy measures, as appropriate, with the aim that the private sector 
facilitates access to, joint development and transfer of technology 
referred to in paragraph 1 above for the benefit of both governmental 
institutions and the private sector of developing countries and in this 
regard shall abide by the obligations included in paragraphs 1, 2 and 3 
above. 

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

Article 

17.  Exchange  of 

Information 

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

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

Article 

18.  Technical  and  Scientific 

Cooperation 

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

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

alia,  through the 

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

/... 

- 1 5-

4.  The Contracting Parties shall, in accordance with national legislation 
and policies, encourage and develop methods of cooperation for the 
development and use of technologies, including indigenous and traditional 
technologies, in pursuance of the objectives of this Convention.  For this 
purpose, the Contracting Parties shall also promote cooperation in the 
training of personnel and exchange of experts. 

5.  The Contracting Parties shall, subject to mutual agreement, promote 
the establishment of joint research programmes and joint ventures for the 
development of technologies relevant to the objectives of this Convention. 

Article 

19.  Handling  of  Biotechnology 

and  Distribution 

of 

its 

Benefits 

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

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

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

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

Article  20.  Financial 

Resources 

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

2.  The developed country Parties shall provide new and additional 
financial resources to enable developing country Parties to meet the agreed 
full incremental costs to them of implementing measures which fulfil the 
obligations of this Convention and to benefit from its provisions and which 
costs are agreed between a developing country Party and the institutional 
structure referred to in Article 21, in accordance with policy, strategy, 
programme priorities and eligibility criteria and an indicative list of 
incremental costs established by the Conference of the Parties.  Other 
Parties, including countries undergoing the process of transition to a 
market economy, may voluntarily assume the obligations of the developed 
country Parties.  For the purpose of this Article, the Conference of the 
Parties, shall at its first meeting establish a list of developed country 
Parties and other Parties which voluntarily assume the obligations of the 
developed country Parties. The Conference of the Parties shall periodically 
review and if necessary amend the list.  Contributions from other countries 

- 1* 

and sources on a voluntary basis would also be encouraged.  The 
implementation of these commitments shall take into account the need for 
adequacy, predictability and timely flow of funds and the importance of 
burden-sharing among the contributing Parties included in the list. 

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

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

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

6.  The Contracting Parties shall also take into consideration the special 
conditions resulting from the dependence on, distribution and location of, 
biological diversity within developing country Parties, in particular small 
island States. 

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

Article 

21.  Financial  Mechr^ism 

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

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

ff 

3.  The Conference of the Parties shall review the effectiveness of the 
mechanism established under this Article, including the criteria and 
guidelines referred to in paragraph 2 above, not less than two years after 
the entry into force of this Convention and thereafter on a regular basis. 
Based on such review, it shall take appropriate action to improve the 
effectiveness of the mechanism if necessary. 

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

Article 

22.  Relationship 

with  Other  International 

Conventions 

1.  The provisions of this Convention shall not affect the rights and 

obligations of any Contracting Party deriving from any existing 
international agreement, except where the exercise of those rights and 
obligations would cause a serious damage or threat to biological diversity. 

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

Article 

23.  Conference  of  the  Parties 

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

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

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

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

(a)  Establish the form and the intervals for transmitting the 

information to be submitted in accordance with Article 26 and consider such 
information as well as reports submitted by any subsidiary body; 

(b)  Review scientific, technical and technological advice on 

biological diversity provided in accordance with Article 25; 

(c)  Consider and adopt, as required, protocols in accordance with 

Article 28; 

(d)  Consider and adopt, as required, in accordance with Articles 29 

and 30, amendments to this Convention and its annexes; 

(e)  Consider amendments to any protocol, as well as to any annexes 

thereto, and, if so decided, recommend their adoption to the parties to the 
protocol concerned; 

n 

(f)  Consider  and  adopt,  as required,  in accordance with Article  30, 

additional  annexes to this  Convention; 

(g)  Establish  such  subsidiary  bodies, particularly  to provide 

scientific  and  technical  advice, as are deemed  necessary  for the 
implementation of  this Convention; 

(h)  Contact,  through the Secretariat,  the executive bodies of 

conventions dealing with matters covered  by  this Convention with a view to 
establishing  appropriate  forms of cooperation  with  them;  and 

(i)  Consider  and undertake  any additional  action that may be  required 

for the achievement  of the purposes of this Convention  in the light of 
experience gained  in its operation. 

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

Article  24. 

Secretariat 

1. 

A secretariat  is hereby established.  Its functions shall be: 

(a)  To arrange  for and  service meetings of the Conference of the 

Parties provided  for in Article 23; 

(b)  To perform the functions assigned  to  it by  any protocol; 

(c)  To prepare reports on the execution  of  its functions under  this 

Convention  and present  them to the Conference of the Parties; 

(d)  To coordinate with other  relevant  international bodies and,  in 

particular to enter  into such administrative  and contractual  arrangements 
as may be required  for the effective discharge of  its functions;  and 

(e)  To perform  such other  functions  as may be determined  by the 

Conference of the Parties. 

At  its first ordinary meeting, the Conference of the Parties shall 

2. 
designate the secretariat  from amongst  those existing  competent 
international  organizations which  have  signified  their willingness to carry 
out  the secretariat  functions under  this  Convention. 

Article 

25. 

Subsidiary 

and  Technological 

Body  on  Scientific, 
Advice 

Technical 

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

/... 

Î3 

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

(a)  Provide scientific and technical assessments of the status of 

biological diversity; 

(b)  Prepare scientific and technical assessments of the effects of 

types of measures taken in accordance with the provisions of this 
Convention; 

(c)  Identify innovative, efficient and state-of-the-art  technologies 

and know-how relating to the conservation and sustainable use of biological 
diversity and advise on the ways and means of promoting development and/or 
transferring such technologies; 

(d)  Provide advice on scientific programmes and international 
cooperation in research and development related to conservation and 
sustainable use of biological diversity;  and 

(e)  Respond to scientific, technical, technological and 
methodological questions that the Conference of the Parties and its 
subsidiary bodies may put to the body. 

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

Article 

26. 

Reports 

Each Contracting Party shall, at intervals to be determined by the 

Conference of the Parties, present to the Conference of the Parties, 
reports on measures which it has taken for the implementation of the 
provisions of this Convention and their effectiveness in meeting the 
objectives of this Convention. 

Article 

27. 

Settlement 

of  Disputes 

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

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

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

(a)  Arbitration in accordance with the procedure laid down in Part 1 

of Annex II; 

(b)  Submission of the dispute to the International Court of Justice. 

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

/... 

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

Article 

28. 

Adoption 

of 

Protocols 

1.  The Contracting Parties shall cooperate in the formulation and 
adoption of protocols to this Convention. 

2.  Protocols shall be adopted at a meeting of the Conference of the 
Parties. 

3.  The text of any proposed protocol shall be communicated to the 
Contracting Parties by the Secretariat at least six months before such a 
meeting. 

Article 

29.  Amendment  of 

the  Convention 

or 

Protocols 

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

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

3.  The Parties shall make every effort to reach agreement on any proposed 
amendment to this Convention or to any protocol fc** consensus.  If all 
efforts at consensus have been exhausted, and no  greement reached, the 
amendment shall as a last resort be adopted by a two-third majority vote of 
the Parties to the instrument  in question present and voting at the 
meeting, and shall be submitted by the Depositary to all Parties for 
ratification, acceptance or approval. 

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

5.  For the purposes of this Article, "Parties present and voting" means 
Parties present and casting an affirmative or negative vote. 

Article 

30.  Adoption 

and  Amendment  of  Annexes 

1.  The annexes to this Convention or to any protocol shall form an 
integral part of the Convention or of such protocol, as the case may be, 
and, unless expressly provided otherwise, a reference to this Convention or 
its protocols constitutes at the same time a reference to any annexes 
thereto.  Such annexes shall be restricted to procedural, scientific, 
technical and administrative matters. 

-vr-

Except  as may be otherwise  provided  in any protocol with  respect to 

2. 
its annexes, the following  procedure  shall  apply to the proposal,  adoption 
and entry  into  force of additional  annexes to this Convention or of annexes 
to any protocol: 

(a)  Annexes to this Convention or to any protocol  shall be proposed 

and  adopted  according  to the procedure  laid  down  in Article 29; 

(b)  Any Party  that  is unable to approve an additional  annex to this 

Convention or an annex to any protocol to which it is Party  shall so notify 
the Depositary,  in writing, within one year  from the date of the 
communication  of the adoption by the Depositary.  The Depositary  shall 
without  delay notify all Parties of any such notification  received.  A 
Party may at any time withdraw a previous  declaration of objection and the 
annexes shall thereupon  enter  into  force  for that  Party  subject* to 
subparagraph  (c) below; 

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

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

4.  If an additional  annex or an amendment  to an annex is related to an 
amendment to this Convention or to any protocol, the additional  annex or 
amendment  shall not enter  into  force until  such time as the amendment to 
the Convention or to the protocol  concerned  enters  into  force. 

Article  31.  Right 

to Vote 

1. 
this Convention or to any protocol  shall  have one vote. 

Except as provided  for in paragraph 2 below,  each Contracting  Party to 

Regional economic  integration  organizations, in matters within their 

2. 
competence,  shall exercise their  right to vote with a number of votes  equal 
to the number of their member  States which are Contracting  Parties to this 
Convention or the relevant protocol.  Such organizations  shall not exercise 
their right to vote if their member  States exercise theirs, and vice versa. 

Article  32.  Relationship  between this  Convention  and Its  Protocols 

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

Decisions under any protocol  shall be taken only by the Parties to the 

2. 
protocol  concerned.  Any Contracting  Party  that has not ratified,  accepted 
or  approved a protocol may participate as an observer  in any meeting of the 
parties to that  protocol. 

t 

Article  33.  Signature 

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

/... 

Article 

34. 

Ratification, 

Acceptance 

or  Approval 

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

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

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

Article 

35. 

Accession 

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

2.  In their instruments of accession, the organ*nations referred to in 
paragraph 1 above shall declare the extent of the:J competence with respect 
to the matters governed by the Convention or the relevant protocol.  These 
organizations shall also inform the Depositary of any relevant modification 
in the extent of their competence. 

3.  The provisions of Article 34, paragraph 2, shall apply to regional 
economic integration organizations which accede to this Convention or any 
protocol• 

Article  36. 

Entry 

Into  Force 

This Convention shall enter into force on the ninetieth day after the 

1. 
date of deposit of the thirtieth instrument of ratification, acceptance, 
approval or accession. 

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

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

4.  Any protocol, except as otherwise provided in such protocol, shall 
enter into force for a Contracting Party that ratifies, accepts or approves 
that protocol or accedes thereto after its entry into force pursuant to 
paragraph 2 above, on the ninetieth day after the date on which that 

Vç 

Contracting Party deposits its instrument of ratification, acceptance, 
approval or accession, or on the date on which this Convention enters into 
force for that Contracting Party, whichever shall be the later. 

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

Article  37. 

Reservations 

No reservations may be made to this Convention. 

Article  38. 

Withdrawals 

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

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

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

Article  39.  Financial 

Interim  Arrangements 

Provided that it has been fully restructured in accordance with the 
requirements of Article 21, the Global Environment Facility of the United 
Nations Development Programme, the United Nations Environment Programme and 
the International Bank for Reconstruction and Development shall be the 
institutional structure referred to in Article 21 on an interim basis, for 
the period between the entry into force of this Convention and the first 
meeting of the Conference of the Parties or until the Conference of the 
Parties decides which institutional structure will be designated in 
accordance with Article 21. 

Article  40.  Secretariat 

Interim  Arrangements 

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

Article 

41. 

Depositary 

The Secretary-General of the United Nations shall assume the functions 

of Depositary of this Convention and any protocols. 

Article 

42.  Authentic 

Texts 

The original of this Convention, of which the Arabic, Chinese, 

English, French, Russian and Spanish texts are equally authentic, shall be 
deposited with the Secretary-General of the United Nations. 

A 

28  " 

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, 
have signed this Convention. 

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

/... 

-  25-

Annex X 

IDENTIFICATION AND MONITORING 

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

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

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

/... 

-3e» 

Annex  II 

Part 1 

ARBITRATION 

Article 

1 

The claimant party shall notify the secretariat that the parties are 

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

Article  2 

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

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

3.  Any vacancy shall be filled in the manner prescribed for the initial 
appointment. 

Article 

3 

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

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

Article 

4 

The arbitral tribunal shall render its decisions in accordance with 

the provisions of this Convention, any protocols concerned, and 
international law. 

Unless the parties to the dispute otherwise agree, the arbitral 

tribunal shall determine its own rules of procedure. 

Article 

5 

The arbitral tribunal may, at the request of one of the parties, 

recommend essential interim measures of protection. 

Article  6 

/... 

-34. 

Article 

7 

The parties to the dispute shall facilitate the work of the arbitral 

tribunal and, in particular, using all means at their disposal, shall: 

(a)  Provide it with all relevant documents, information and 

facilities;  and 

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

receive their evidence. 

Article  8 

The parties and the arbitrators are under an obligation to protect the 

confidentiality of any information they receive in confidence during the 
proceedings of the arbitral tribunal. 

• Article  9 

Unless the arbitral tribunal determines otherwise because of the 

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

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 

10 

Article 

11 

The tribunal may hear and determine counterclaims arising directly out 

of the subject-matter of the dispute. 

Decisions both on procedure and substance of the arbitral tribunal 

shall be taken by a majority vote of its members. 

Article  12 

Article  13 

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

Article 

14 

The tribunal shall render its final decision within five months of the 

date on which it is fully constituted unless it finds it necessary to 
extend the time-limit for a period which should not exceed five more 
months. 

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 

Article 

15 

29b 

based.  It shall contain the names of the members who have participated and 
the date of the final decision.  Any member of the tribunal may attach a 
separate or dissenting opinion to the final decision. 

Article  16 

The award shall be binding on the parties to the dispute.  It shall be 

without appeal unless the parties to the dispute have agreed in advance to 
an appellate procedure. 

Article 

17 

Any controversy which may arise between the parties to the dispute as 

regards the interpretation or manner of implementation of the final 
decision may be submitted by either party for decision to the arbitral 
tribunal which rendered it. 

Part 2 

CONCILIATION 

Article 

1 

A conciliation commission shall be created upon the request of one of 

the parties to the dispute.  The commission shall, unless the parties 
otherwise agree, be composed of five members, two appointed by each Party 
concerned and a President chosen jointly by those members. 

Article 

2 

In disputes between more than two parties, parties in the same 

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

Article 

3 

If any appointments by the parties are not made within two months of 
the date of the request to create a conciliation commission, the Secretary-
General of the United Nations shall, if asked to do so by the party that 
made the request, make those appointments within a further two-month 
period. 

Article  4 

If a President of the conciliation commission has not been chosen 

within two months of the last of the members of the commission being 
appointed, the Secretary-General of the United Nations shall, if asked to 
do so by » party, designate a President within a further two-month period. 

Article 

5 

The conciliation commission shall take its decisions by majority vote 

of its members.  It shall, unless the parties to the dispute otherwise 
agree, determine its own procedure.  It shall render a proposal for 
resolution of the dispute, which the parties shall consider in good faith. 

A disagreement as to whether the conciliation commission has 

competence shall be decided by the commission. 

Article 

6 

-33 

ANNEX 1 

Declaration  by the  European  Economic  Community  according  to  the  provisions 
of Article 34f3ï of  the Convention on biological  diversity. 

in accordance with  the relevant  provisions of  the EEC Treaty  as modified by 
the  Single  European  Act  [and  the  Treaty  of  the  European  Union],  the 
community  has  competence  to  take  actions  aiming  at  the  conservation  of 
biological  diversity  including  the  competence  to  enter  into  international 
agreements.  This  competence  is  exclusive  in  the  area  of  trade.  In  the 
areas  covered  by  the  community  legislation  enumerated  hereafter,  Community 
competence  Is either exclusive or shared with Member  states. 

in  the  future  the  Community  may  well  take  further  responsibliities  by 
adopting more specific  legislation  regarding  biological  diversity. 

-m-

LIST OF COtlJUNITY LEGISLATION AND ACTIONS 

A.  ENVIRONMENT 

Nature conservation 

1.  Council Decision 82/72/EEC of 3 December  1981 concerning the conclusion 
of  the Convention on the conservation of  European wildlife and natural 
habitats. (O.J. L 38, 10.02.82.) 

2.  Council  Decision  82/461 /EEC of  24 June  1982 on  the conclusion  of the 
Convention  on  the  conservation  of  migratory  species of  wild animals. 
(O.J. L 210, 19.07.82.) 

3.  Council  Directive  83/129/EEC  of  28  March  1983  concerning  the 
importation  into  Member  States  of  skins  of  certain  seal  pups  and 
products derived therefrom. O.J. L 91, 09.04.83. 

4.  Council  Regulation  EEC/3626/82  of  3  December  1982  (O.J.  L  384, 
31.12.82), as amended by Council Regulation 85/1831/EEC of 27 June 1985 
(O.J. L 173 of 03.07.85) on the  implementation  in the Community of the 
Convention on  International  Trade  In Endangered  Species of wild fauna 
and flora. 

5.  Commission Regulation EEC/2496/89 of 2 August  1989 on a prohibition on 
Importing  raw and worked  Ivory derived  from  the African elephant  into 
the Community. (O.J. L 240, 17.08.82.) 

6.  Commission Directive 79/409/EEC of 2 April  1979 (O.J. L 103. 25.04.79), 
as  amended  by  Commission  Directive  91/224/EEC  of  6  March  1991  (O.J. 
L 115 of 08.05.91) on the conservation of wild birds. 

7.  Council  Directive  92/43/EEC  of  21  May  1992  on  the  conservation  of 
natural habitats and of wild fauna and flora. (O.J. L 206 of 22.07.92). 

Environmental  Impact Assessment 

8.  Council  Directive 85/337/EEC of 27 June  1985 on  the assessment  of the 
effects  of  certain  public  and  private  projects  on  the  environment. 
(O.J. L 175 Of 05.07.85). 

Forpsts 

9.  Council  Regulation  EEC/3528/86  of  17  November  1986  (O.J.  L  326, 
21.11.86)  on  the  protection  of  the  Community's  forests  against 
atmospheric  pollution, amended by Council  Regulation EEC/2157/92 of 23 
July 1992. O.J. L 217. 31.07.92. 

-35"-

10. council Regulation EEC/2158/92 of 23 July 1992 on the protection of the 

community's forests against fire. (O.J. L 217 of 31.07.92). 

11. Council Regulation EEC/2078/92 Of 30 June 1992 (O.J. L 215 Of 30.07.92) 
on agricultural  production methods compatible with the requirements of 
the  protection  of  the  environment  and  the  maintenance  of  the 
countryside. 

Marine resources 

12. Council  Directive 78/659/EEC of  18 July  1978 on  the duality  of  fresh 
waters needing protection or  improvement  in order to support  fish life. 
(O.J. L 222, 14.08.78.) 

13. Council  Regulation  EEC/348/81  of  20 January  1981  on  common  rules for 
imports of whales or other cetacean products. O.J. L 39, 12.02.81. 

14. Council  Decision  81/691/EEC of  4 September  1981  on  the  conclusion of 
the  Convention  on  the  conservation  of  Antarctic  marine  living 
resources. (O.J. L 252, 05.09.81). 

15. Council  Regulation  EEC/170/83  of  25  January  1983  (O.J.  L  24  of 
27.01.83)  establishing  a  Community  system  for  the  conservation  and 
management of fishery resources. 

B.  BIOSAFETY 

16. Council  Directive 90/219/EEC of 23 April  1990 on the contained  use of 

genetically modified micro-organisms. O.J. L 117, 08.05.90, 

17. Council  Directive 90/220/EEC of 23 April  1990 on the deiiDerate release 
into  the  environment  of  genetically  modified  organisms.  o.J.  L  117, 
08.05.90. 

C,  INTELLECTUAL PROPERTY 

18.  Proposal  for a Council Directive on the legal protection of 

biotechnological  inventions (COM (88) 496 f). 
(O.J. C 10, 13.01.89). 

19,  Proposal  for a Council Regulation on Community plant variety rights 

(COM(90)347) (0.J, C244, 28.09.90, p.l). 

To  Insert  according  to  the  adoption  of  the  Act  by  council. 

- J *-

D.  FINANCIAL MECHANISMS 

20. Council Regulation EEC/1973/92 of 21 May 1992 establishing a financial 

instrument for the environment  (LIFE). (O.J. L 206 of 22.07.92). 

21. Recommendation  for  a  Council  Decision  SEC  (92) 694  of  5  May  1992, 
concerning  the  EC's participation  in the  Global  Environment  Facility 
(GEF). 

22. council  Regulation  EEC/443/92 of  26,02.92 on  financial  and  technical 
assistance to, and economic cooperation with, the developing countries 
in Asia and Latin America. 

23. Council  Regulation EEC/1762/92 of  26.06.92  concerning  the  application 
of protocols related to technical and financial cooperation between the 
Community and Mediterranean non-member countries. 

24. council  Regulation  EEC/1763/92  of  29-06.92  concerning  financial 
cooperation  In respect of all Mediterranean non-member countries. 

25. Decision of the Council and the Commission of 25 February  1991 on the 
conclusion  of  the 4th  A C P - E EC  Convention.  Decision  91/400/ECSC, EEC 
(O.J. L 229, 07.08.91). 

INFORMATION. MONITORING AND RESEARCH 

26. Council  Regulation EEC/1615/89 of 29 May  1989 establishing  a European 
Forestry  information and Communication System  (Efics).  (O.J. L 165/12 
of 15.06.89). 

27. council  Regulation EEC/1210/90 of 7 May  1990 on  the  establishment of 
the  European  Environment  Agency  and  the  European  environment 
information and observation network. (O.J. L 120 of 11.05-90). 

F.  DEVELOPMENT COOPERATION 

28, council  Decision  91/400/EEC  of  25  February  1991  concerning  the 
conclusion of the Fourth ACP-EEC Convention  (O.J. L 229, 17.08.91). 

29. Council Decision 91/366/EEC of 7 June 1991 adopting a specific research 
and  technological  development  programme  in  the  field  of  the  life 
sciences  and  technologies  for  developing  countries  (1990-94).  (O.J. 
L 196, 19.07.91). 

*f 

ANNEX  111 

Draft  Interpretative Declaration 

(on the occasion of the ratification of 
the convention on Biodiversity) 

The  European  Community  and  its  member  states  wish  to  reaffirm  the 
importance  they  attach  to  transfers of  technology  and  to biotechnology  in 
order  to  ensure  the  conservation  and  sustainable  use  of  biological 
diversity. 

For  the European Community  and  its member  States»  transfers of  technology 
and  access  to  biotechnology, as  defined  in the  text  of  the Convention  on 
Biological  Diversity,  can  only  be  carried  out  in  compliance  with  the 
principles and  rules of protection of  intellectual  property,  in particular 
multilateral  and  bilateral  agreements  signed  or  negotiated  by  the 
contracting parties to this Convention. 

The  compliance with  intellectual  property  rights  constitutes an essential 
pre-condition  for  the  implementation  of  policies  for  technology  transfer 
and  co-investment,  without  prejudice  to  their  respective  competences  in 
the  field  of  Intellectual  property  rights, the  European Community  and  its 
member  States  shall  encourage  the  use  of  the  financial  mechanisms 
established  by  the  Convention  to  facilitate  the  transfer  of  intellectual 
property  rights  held  by  European  operators,  in particular  as  regards  the 
granting  of  licenses, while  ensuring  adequate  and  effective  protection  of 
property rights. 

38 

ISSN 0254-1475 

COM(92) 509 final 

DOCUMENTS 

EN 

14 

Catalogue number : CB-CO-92-531-EN-C 

ISBN 92-77-50097-2 

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