Source: EURLEX
Language: en
Format: md

13 . 9 . 93 Official Journal of the European Communities No C 249 / 1

ii

( Preparatory Acts )

# ECONOMIC AND SOCIAL COMMITTEE

Opinion on the proposal for a Council Decision concerning the conclusion of the Convention

on Biological Diversity

( 93 / C 249 / 01 )

On 3 February 1993 the Council decided to consult the Economic and Social Committee,
under Article 130 S of the Treaty establishing the European Economic Community, on the
abovementioned proposal .

The Section for Protection of the Environment, Public Health and Consumer Affairs, which
was responsible for preparing the Committee 's work on the subject, adopted its Opinion on

1 June 1993 . The Rapporteur was Mr Colombo .

At its 307th Plenary Session ( meeting of 30 June 1993 ) the Economic and Social Committee
adopted the following Opinion unanimously .

The Committee endorses the proposal and calls on
the Community and the Member States to ratify the
Convention within the year, if possible at the same
time as they ratify the Convention on climatic change,
thereby fulfilling the commitment made at the Rio
Conference .

1 . General comments

1.1 . As already stated in the Opinion on the pro ­
gramme for the environment and sustainable develop ­
ment, the Committee takes the view that the EC should
play a leading role in world environmental policy ( x ),
directing its development aid policy towards greater
protection for the environment .

1.2 . It therefore expresses satisfaction with the com ­
mitments undertaken at the Rio Conference through
the signing of the Convention on Biological Diversity .

1.3 . This Convention marks an important stage in
the definition of an overall framework for action to
conserve biological and genetic resources and in par ­
ticular the variability and plasticity of those resources
on a world scale .

(*) Cf. points 9.1 and 9.2 of the Opinion in OJ No C 287,

1.4 . As the aim of the Convention is to guarantee
the conservation of biological diversity, the lasting use
of its components and an equitable distribution of the
benefits deriving from the use of biological and genetic
resources, it constitutes a step forward in North-South
relations, identifying an overall common interest to be
jointly pursued, with a fair distribution of burdens and
benefits .

2 . Specific comments

2.1 . It is not the Committee 's task to express a view
here on the content of the Convention, already signed
by the Community and the Member States . As ratifi ­
cation proceeds, the Community will need to adopt a
range of specific measures to assist practical implemen ­
tation . The Committee reserves the right to make pro ­
posals and suggestions on these measures .

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2.2 . It is, however, important to draw up a protocol
on procedures for the use — according to safety cri ­
teria — of any modified living organism obtained by
biotechnology ( see Article 19(3 ) of the Convention ), for
which Community legislation on genetically modified
organisms can serve as a model ( 2 ).

4 . 11 . 1992 . ( 2 ) OJ No L 117, 8 . 5 . 1990 .

No C 249 / 2 Official Journal of the European Communities 13 . 9 . 93

2.3 . For the sake of consistency with the text of the
Convention, and in particular with Article 16(5 ) which
lays down that the contracting parties cooperate, sub ­
ject to national legislation and international law, in
order to ensure that intellectual property rights ' are
supportive of and do not run counter to ' the Conven ­
tion 's objectives, it is proposed that the second para ­
graph of Annex III be amended to read as follows :

subordinates the commitments undertaken in the nego ­
tiations on the Convention to legislation which is still
coming into being, as well as to relevant bilateral and
multilateral agreements .

not run counter to Conven ­ 2.5 . In this connection the ESC hopes for the rapid
's objectives, it is proposed that the second para ­ adoption of such legislation, not least so that it will
of Annex III be amended to read as follows : be available before the Convention comes into effect ;

' having expressed its Opinion on the original pro ­
States For the, transfers European of technology Community and and access its to Member biotech ­ posal the amended ^) of 1989 proposal, it is on pleased legal protection to note the of insertion biotechnol in ­
nology ... shall be carried out in compliance with ogical inventions ( 2 ) of a new ' whereas ' referring to
the principles and rules of protection of intellectual preservation of genetic diversity .

property - • •

' For the European Community and its Member
States, transfers of technology and access to biotech ­
nology ... shall be carried out in compliance with
the principles and rules of protection of intellectual

2.4 . The present wording ' can only be carried out in
compliance ' is in fact a restrictive interpretation which

Done at Brussels, 30 June 1993 .

í 1 ) OJ No C 159, 26 . 6 . 1989 .
( 2 ) OJ No C 44, 16 . 2 . 1993, p . 36 .

The Chairman

of the Economic and Social Committee

Susanne TIEMANN