CELEX: 51992PC0186
Language: it
Date: 1992-05-26
Title: Proposta di DECISIONE DEL CONSIGLIO CONCERNENTE LA FIRMA DI UNA CONVENZIONE SULLA CONSERVAZIONE DELLA DIVERSITA' BIOLOGICA

COMMISSIONE DELLE COMUNITÀ EUROPEE
                                  C0M(92) 186 def.
                                  Bruxelles,26 maggio 1992
                        Proposta di
                  DECISIONE DEL CONSIGLIO
          CONCERNENTE LA FIRMA DI UNA CONVENZIONE
      SULLA CONSERVAZIONE DELLA DIVERSITÀ' BIOLOGICA
              (presentata dalla Commissione)
 ---pagebreak---                                   RELAZIONE
Oggetto »     FIRMA DELLA CONVENZIONE SULLA CONSERVAZIONE DELLA DIVERSITÀ
              BIOLOGICA.
 1.  ti 29 luglio 1991, il Consiglio ha autorizzato la Commissione a
    partecipare ai negoziati relativi a una Convenzione sulla conservazione
    delia diversità biologica nel quadro dei Programma delle Nazioni Unite
    per    l'ambiente^). La Commissione ha partecipato ai negoziati
    conformemente al mandato conferitole dal Consiglio.
2.  L'origine di questo progetto di convenzione e i motivi sui quali si
    basa la partecipazione della Commissione sono stati precisati netta
    relazione     detta Comunicazione   detta Commissione     relativa  atta
    negoziazione di una Convenzione sulta conservazione della diversità
    biologica^2).
3.  Dalia data in cui sono state adottate (e conclusioni del Consiglio, il
    progetto di convenzione è stato esaminato in quattro sessioni del
    comitato di negoziazione intergovernativo incaricato di negoziare la
    convenzione s u d a conservazione della diversità biologica, tenutesi a
    Madrid dai 24 giugno al 3 luglio 1991, a Nairobi dal 23 settembre al
    2 ottobre 1991, a Ginevra dai 25 novembre al 4 dicembre 1991 e a
    Nairobi dal 6 al 15 febbraio 1992.
4.  Allo stadio attuale non è possibile presentare al Consìglio il testo
    definitivo della convenzione dato che il progetto deve ancora essere
    esaminato net corso dell'ultima sessione che avrà luogo a Nairobi
    dal I'11 al 18 maggio 1992. Una conferenza diplomatica avrà luogo
     immediatamente dopo tale data, il 19 e 20 maggio 1992, dato che la
    firma dell'atto finale è prevista a Nairobi il 21 maggio 1992. La
    convenzione sarà fn seguito firmata a Rio net giugno 1992 net corso
    della Conferenza delle Nazioni Unite sull'ambiente e sullo sviluppo.
5.  Alcuni miglioramenti al testo dovranno essere apportati            dalia
    Communita. Converrà,     In particulare,    che   la Communita faccie
    modificare alcune disposizioni dei progetto di convenzione che avranno
    una    incidenza   significatici  sulla   protezione   delia   proprietà
    Intellectuaie. Tali modifache saranno oggetto di un coordinamento sul
    posto-
6.  Se il risultato deità negoziazione è accettabile per la Comunità, la
    Commissione considera che sia nell'interesse della Comunità prepararsi
    a firmare la convenzione nel giugno 1992 durante i lavori della
    Conferenza delle Nazioni Unite sull'ambiente e sullo sviluppo.
7.  A questa condizione, la Commissione chiede quindi al Consiglio di
    autorizzare il Presidente a designare le persone che saranno incaricate
    di firmare ta convenzione sopra menzionata a nome della Comunità e di
    conferire loro le competenze necessarie per firmare la medesima a nome
    de 11a ComunItà.
(1)
(2) SEC(91) 936 def.
 ---pagebreak---                        PROPOSTA DI DECISIONE DEL CONSIGLIO
                     CONCERNENTE LA FIRMA DI UNA CONVENZIONE
                 SULLA CONSERVAZIONE DELLA DIVERSITÀ' BIOLOGICA
  IL CONSIGLIO DELLE COMUNITÀ' EUROPEE,
 Visto il trattato che istituisce la Comunità economica europea,
 vista ia proposta della Commissione,
 considerando che la Commissione ha partecipato a nome della Comunità al
comitato di negoziazione intergovernativo per preparare, nel quadro del
Programma delle Nazioni Unite per l'ambiente, una convenzione sulla
conservazione della diversità biologica;
considerando che (a Communita dovrà ancora cercare dei          migliorare le
disposizioni,     in parti cui are per cuó che concerne          la proprietà
 inteilectuale
considerando che nei progetto di convenzione e previsto che la medesima
sarà firmata dagli Stati e dalie organizzazioni regionali d'integrazione
economica, ii che autorizza ta Commissione a firmarla;
considerando che il progetto di testo di tale convenzione sarà sottoposto
per firma ai plenipotenziari netta Conferenza delle Nazioni Unite
sull'ambiente e sulto sviluppo che sarà organizzata a Rio (Brasile) dal 3
ai 14 giugno 1992;
considerando che è importante prevedere che ia Comunità possa, in caso di
necessità, essere in grado di firmare ia Convenzione, senza pregiudicare la
sua Ulteriore conclusione.
DECIDE:
Il Presidente del Consiglio è autorizzato con la presente decisione a
designare, in caso di necessità, (e persone abilitate a firmare, sotto
riserva di approvazione posteriore, la convenzione sulla conservazione
delia diversità biologica e a conferire alle medesime le competenze
necessarie per firmare la convenzione a nome della Comunità.
Fatto a Bruxelles, addì                               Per il Consiglio
                                                                              3
 ---pagebreak---                                      ^  \
                                                  Distr.
   United Nations                       ^J        GENERAL
                                                  UNEP/Bio.Div/N7-INC.5/1
     Environment                                  26 February 1992
                                                  ORIGINAL:  ENGLISH
      Programme
INTERGOVERNMENTAL NEGOTIATING COMMITTEE
  FOR A CONVENTION ON BIOLOGICAL DIVERSITY
Seventh Negotiating Session/Fifth Session of INC
Nairobi, 11-19 May 1992
                             PROVISIONAL AGENDA
1.   Opening of the session.
2.   Organizational matters:
     (a) Adoption of the agenda;
     (b) Organization of work.
3.   Consideration of the fifth revised draft Convention on Biological
     Diversity.
4.   Other matters.
5.   Adoption of the report.
6.   Closure of the session.
Na.92-5290
 ---pagebreak---                                                     Distr.
     United Nations                                GENERAL
                                                    UNEP/BiO.Div/N7-INC.5/2
       Environment                                  20 February 1992
                                                   ORIGINAL:   ENGLISH
        Programme
INTERGOVERNMENTAL NEGOTIATING
  COMMITTEE FOR A CONVENTION ON
   BIOLOGICAL DIVERSITY
Seventh negotiating session/Fifth session of INC
Nairobi, 11-19 May 1992
                        FIFTH REVISED DRAFT CONVENTION
                           ON BIOLOCICAL DIVERSITY
                               Explanatory note
1. The fifth revised draft Convention on Biological Diversity contains
articles revised by Working Groups I and II of the Intergovernmental
Negotiating Committee (INC) for a Convention on Biological Diversity at the
third negotiating session/first session of INC (Madrid, 24 June -
3 July 1991), the fourth negotiating session/second session of INC
(Nairobi, 23 September - 2 October 1991), the fifth negotiating
session/third session of INC (Genève, 25 Novenber - 4 Decomber 1991)
and the sixth negotiating session/fourth session of INC (Nairobi,
6-15 February 1992y.
2.    The preamble and Artide 1 (Objectives) vere not revised at the sixth
negotiating aession/fourth session of INC. They remain unchanged.
3. At the sixth negotiating session/fourth session of INC, Working Groups
I and II established open-ended sub-working groups on definitions and use
of terms on the basis of the Bureau*s proposed distribution of definitions
between the Working Groups. The sub-working group of WG.II submitted a
proposed text for definitions and WG.II recommended ita inclusion in
Artide 2 of the fifth revised draft Convention with a footnote stating
that the new definitions had been formulated by a sub-working group of
WG. II and had not been discussed by the Group itself. These terms appear
in Artide 2 marked with an asterisk ( * ). The terms contained in
Appendix I were prepared by a sub-working group of WG.I but were not
considered by WG.I. WG.I recommended that they should be appended to the
fifth revised draft Convention.
4.    Artide 3 (Fundamental Principles) was placed in square brackets
and its former paragraph 11 was placed in square brackets and moved to
Artide 14. Artide 4 (General Obligations) was placed in square brackets,
and its former sub-paragraphs (f) and (i) of paragraph 2 were placed in
square brackets and moved to Artide 14 as well. Alternative proposals in
the form of elements for reformulation of Articles 3 and 4 are contained in
Appendix II.
5. Artide 14 bis of the fourth revised draft convention was deleted
since its substance had been transmitted to WG.I and incorporated to
strengthen Artide 7 (j), with some elements being incorporated in the
Na.92-5271
                                                                        /...
 ---pagebreak--- UNEP/Bio.Div/N7-INC.5/2
Page 2
Preamble. Articles 15 and 16 of the fourth revised draft convention were
considered together and appear reformulated as Artide 17. Artide 17 ibis,
paragraphs 4 and 5 of the fourth revised draft convention were reformulated
and paragraph 6 was deleted as concerne expressed therein were adeguately
covered by the reformulated text. The Artide appears as Artide 20 in the
fifth revised draft convention.
6.   A general discussion was held at the sixth negotiating session/fourth
session INC on Articles 18 and 19 of the fourth revised draft convention
and a sub-working group was established. After some discussion in the sub-
working group, the Chairman of WG. II ruled that the text of Articles 18 and
19 would be reproduced in the fifth revised draft convention as they
appeared in the fourth revised draft convention (UNEP/Bio.Div/N6-INC.4/2)
with updated footnotes in order to make it clear that the text resulted
from the fifth negotiating Bession/third session INC. Articles 18 and 19
appear as Articles 21 and 22 respectively, in the fifth revised draft
convention.
7.   Articles 23, 26 and 30-43 were considered as revised by the Lawyers'
Drafting Group during the fifth negotiating session/third session of INC*
No decision was made on Artide 23. The revised text of Artide 23 is
reproduced together with the previous version, both are in square brackets.
Artide 26 was not discussed in aubstance and is reproduced as prepared by
the Lawyers* Drafting Group. The previous version of Artide 30 is
reproduced with an additional alternative.
8.   During the sixth negotiating session/fourth session of INC a legai
drafting group was established with a mandate to give a legai review of
Articles 31-43. The recommendations of the group, which were adopted by
the Plenary, are reflected in paragraph 4 of Artide 32 (Amendment of the
Convention or Protocols) and sub-paragraphs (b) and (e) of Artide 33
(Adoption and Amendment of Annexes).
9.   At the sixth negotiating session/fourth session of INC a number of
articles, paragraphs and sub-paragraphs were deleted, moved or rearranged.
The articles and paragraphs have been renumbered to read sequentially.
10. The draft includes appropriate footnotes resulting from the
deliberations of the sixth negotiating session/fourth session of INC. Ali
relevant footnotes resulting from the previous sessione of the INC are
retained in the text.
                                                                  /..
 ---pagebreak---                                                       UNEP/Bio.Div/N7-INC.5/2
                                                      Page 3
                                     Preamble '
     The Contracting Parties,
     Recognizing   that humanity shares the earth with other forms of life
and accepting that these should exist independently of their benefite for
humanity;
     Affirming   that the conservation of biological diversity is a common
concern of ali peoples;
     Conscioua of the ever growing environmental, ecological, genetic,
scientific, aesthetic, recreational, cultural, educational, social and
economie values of biological diversity and ita componente;
     Recognizlng   the d o s e and traditional dependence of many locai
communities and indigenous populations on biological resources, their
continuing interest in their conservation, and the need to reward their
knowledge and innovations associated with the conservation and wise use of
biological diversity and its componente;
     Noting that biological diversity is being seriously reduced and that
some species are threatened with extinction;
     Accepting   that the threats to these irreplaceable resources include
degradation of the environment from habitat destruction and pollution,
human population growth, unsustainable exploitation of some species, and
the unlawful taking of flora and fauna;
     Noting the deterioration in quality of life caused by unwiae use of
biological resources;
     Streaaing   that in exercising their sovereign rights over their
biological resources States have a responsibility to use and develop them
in a sustainable manner and to conserve biological diversity;
     Stresaing   the importance of and need to promote Cooperation among
States and International governmental and non-governmental organizations in
a coordinated and comprehensive regional and global approach for the
conservation of biological diversity and sustainable use and development of
its components in areas both under and beyond national jurisdiction and
control;
     Avare that the conservation of naturai habitats and the maintenance of
viable populations of species in naturai surroundings are vital components
of the in-situ and ex-situ conservation of biological resources;
     Recognizing   to this end the need to set aside areas of naturai habitat
for the conservation of biological diversity and to pursue sustainable
development outside these areas through planning and management which
conBerves biological diversity to the maximum extent possible;
     1
            The Group of 77 and China requested that the proposai contained
in Appendix II to the fifth revised draft Convention on Biological
Diversity be considered with the Preamble.
                                                                     /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 4
      Avare that the conservation of biological diversity also requires
 special measures independent of naturai surroundings [which are also
 vital];
         Avare of the benefits from the sharing and diffusion of knowledge
about biological diversity, its uses and developments, technologies and
practices favourable to its conservation;
      Acknowledging    that special provision is required to meet the needs of
developing countries, including the provision of additional financial
resources and access to relevant technologies, hearing in mind that the
funds can be expected to make a substantial difference in the world's
ability to address the Iosa of biodiversity;
      Accepting    that the developed countries and large industriai
enterprises, including transnational corporations, have benefitted from
their significant role in the development and use of biological resources;
      Conaidering    that these countries and enterprises can help avoid
additional costa and burdens for developing countries which forgo
exploitation of their biological resources when acting in accordance with
this Convention;
      streaaing    the need for States, International organizations and non-
governmental organizations to promote the conservation of biological
diversity and the wise use and development of its componente;
      Noting that action by States and International organizations directly
and jointly to conserve biological diversity and to use and develop its
componente in a sustainable manner will strengthen cooperative and friendly
relations among States, and contributo to peace and security for ali
peoples; and
      Agreeing    that existing International arrangements dealing with
biological resources do not cover, in spite of the progress achieved, ali
aspects of biological diversity, the sources of threats to it and the wise
use and development of biological resources,
      Have agreed as follows:
                              Artide 1.     Objectivea
      [The objective of this Convention is to conserve the maximum possible
biological diversity for the benefit of present and future generations and
for its intrinsic value, (and to provide for the fair and equitable sharing
of the benefita of research in biotechnology arising out of conservation of
the biological diversity. This is to be achieved] by ensuring that the use
of biological resources is sustainable; [by providing adequate, new and
additional funding to the developing countries] [by taking account of the
need to share costa and benefits between developed and developing
countries,] and by [securing] [providing] economie and legai conditions
favourable for the transfer of technology [to them on preferential and non-
commercial terms] necessary to accomplish this objective.]
                                                                     /...
 ---pagebreak---                                                     UNEP/Bio.Div/N7-INC.5/2
                                                    Page 5
         Article 2. Oae of Terma for the Purpoae of thia   Convention *
       [For the purposes of this Convention!
 "ALIEN SPECIES" means a species occurring in a particular country or area
outside its historically known natural range, as a result of intentional or
accidental dispersal by human intervention.
"BIOLOGICAL DIVERSITY (OR BIODIVERSITY)" means the variety of and
variability among living organisms and the ecological complexes of which
they are part; this includes diversity within species, between species and
of ecosystems.
BIOLOGICAL RESOURCES includes genetic resources, organisms or part thereof,
populations, or any other biotic component of ecosystems with actual or
potential use or value for humanity.*
BIOTECHNOLOGY means any technological application that uses biological
systems, living organisms, or derivatives thereof, to make or modify
products or processes for specific use.*
"CONSERVATION OF BIOLOGICAL DIVERSITY" means the preservation (or integral
protection), maintenance, sustainable use, recovery and enhancement of the
components of biological diversity.
"CONSERVATION":    see conservation of biological diversity.
COUNTRY PROVIDING GENETIC MATERIAL/RESOURCES means the country supplying
genetic resources collected from in-aitu   sources, including populations of
both wild and domesticated species, or taken from ex-aitu   sources, which
may or may not have originated in that country.*
COUNTRY OF ORIGIN OF GENETIC RESOURCE 3 means the country which possesses
those genetic resources in in-aitu   conditions.*
"DOMESTICATED OR CULTIVATED SPECIES" means species in which the
evolutionary process has been influenced by humans to meet their needs.
"ECOSYSTEM" means a dynamic complex of plant, animal and micro-organism
communities and their non-living environment interacting as an ecological
unit.
"ENDANGERED SPECIES" means a species in danger of extinction and whose
survival is unlikely if the causal factors continue operating.
"ENDEMIC SPECIES" means a species whose natural geographic distribution is
restricted to a specific area or country.
      3
            Terms followed by "*" were proposed by a sub-working group of
Working Group II but not discussed by the Working Group itself.
      3
            Definition proposed by the chairman of the sub-working group of
WG.li on the basis of informal consultations with some members of the sub-
working group.
                                                                     /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 6
 EX-SITU CONSERVATION means the conservation of components of biological
 diversity (genetic material, organisms, populations) outside their naturai
 surroundings.*
GENETIC MATERIAL means any material of plant, animai, microbial or other
origin containing functional unite of heredity.*
GENETICALLY MODIFIED ORGANISMS means organisms in which the genetic
material has been altered in a way that does not occur naturally by mating,
recombination, or naturai aelection.*
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.
 "INDIGENOUS POPULATIONS": it is advised that the word "populations" be
8ubstituted by the word "people" when used for humans.
 "INDIGENOUS SPECIES" means a species occurring in the wild in a particular
area or country, within its known naturai range.
IN-SITU CONSERVATION means the conservation of ecosystems and naturai
habitats and the maintenance and recovery of viable populations of species
in their naturai surroundings and, in the case of domesticated species, in
the surroundings where they have developed their distinctive properties.*
"NONTERRESTRIAL SPECIES" means organisms not relying on the land for a
significant aspect of their life cycle.
"PROTECTED AREA" means a geographically defined area which is designated or
regulated, and managed to achieve specific conservation objectives.
"RATIONAL USE OF BIOLOGICAL DIVERSITY" means the use of components of
biological diversity in a way and at a rate that does not lead to their
long terna decline.
"SPECIES THREATENED WITH EXTINCTION":   see threatened species.
"TERRESTRIAL SPECIES" means organisms relying on the land for a
significancant aspect of their life cycle.
"THREATENED SPECIES" means species that are either endangered or
vulnerable.
"UTILIZATION/USB OF BIOLOGICAL DIVERSITY":   see rational use of biological
diversity.
"WILD SPECIES" means a species which has not been deliberately modified by
humans.
"(WILDLIFE) CORRIDORS" means routes or avenues to ensure compietion of life
cycles and unimpeded migrations and gene flows.J
                                                                  /..
 ---pagebreak---                                                     UNEP/Bio.Div/N7-INC.5/2
                                                    Page 7
                                                         4
                     [Article 3. Fundamental Principlea
      The following fundamental principles shall guide the Contracting
Parties in the achievement of the objectives of this Convention:
1.   The conservation of biological diversity is a [matter of] common
concern of all humankind and requires cooperation by all Contracting
Parties.
2.   The Contracting Parties have as States the sovereign right to exploit
their own biological resources pursuant to their own environmental policies
and the responsibility:
      (a) For the conservation and sustainable use of their biological
resources; and
      (b) For ensuring that activities within their jurisdiction or control
do not cause damage to the biological diversity of other States or of areas
beyond the limits of national jurisdiction.
3.   The fundamental requirement for the conservation of biological
diversity is the in-aitu  conservation of ecosystems and natural habitats
and the maintenance and recovery of viable populations of species in their
natural surroundings. Bx-aitu   measures, preferably in the country of
origin, also have an important role to play.
4.   Conservation of biological diversity, particularly of migratory
species and their habitats, cross-border ecosystems and areas beyond the
jurisdiction of each State Party, requires international cooperation in
addition to the national effort that strengthens it.
5.   While recognizing that remedying damage to biological diversity is
important, it is vital to anticipate, prevent and attack the causes of
reduction or loss of biological diversity at source.
6.   Where there is a threat of [serious or irreversible damage to]
[significant reduction or loss of] biological diversity, lack of full
scientific certainty shall not be used as a reason for postponing
[measures] [actions] to avoid or minimize such a threat.
7.   The value of the contribution of biological resources and of
maintenance of biological diversity and the uneven distribution of these
resources among countries are to be recognized and reflected in economic
and financial arrangements among them, with the countries benefiting most
from biological diversity carrying the main responsibility for the cost of
it8 conservation. 5
8.   The benefits of research and development derived from biomaterial
taken from developing countries are to be made available to those
developing countries. s
     4
           The Group of 77 and China requested that the proposal contained
in Appendix II to the fifth revised draft Convention on Biological
Diversity be considered in conjunction with this Article.
     5
           Paragraphs 7-10 were transferred by WG.I to WG.II for
consideration.
                                                                   /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 8
 (8. Countries providing genetic material located within their national
 jurisdiction shall share in benefits from the research and the development
 which make use of that genetic material.] 5,*
 9.    Technology related to conservation of biological diversity and the
 sustainable use and development of ito componente is to be transferred to
developing countries on a preferential and non-commercial basis. 5
 10. Technology related to conservation of biological diversity and the
 sustainable use and development of biological resources is to be developed
 jointly by the owners of the resources and those with financial, scientific
and technical resources. 5
 11. Countries are to gain directly from ali the contributions that
biological resources within their jurisdiction or control make to
environment protection, economie development and batter health and quality
of life in other countries.
12. Practices and innovations developed in the course of traditional life
and by indigenous [peoples] [communities] [populations] which contributo to
the wise and sustainable use of biological resources and conservation of
biological diversity are to be recognized and rewarded.
13. The additional burden On developing countries arising out of
protection of their biological diversity requires new and additional
funding to be provided by the developed countries through a new
multilateral fund to be established under this Convention.
14. Access to genetic material and substances and produets derived from
them or to technology related or contributing to the conservation of
biological diversity which are within the jurisdiction or control of a
State is to be [open] [on the basis of mutuai agreements].
[14. Access to genetic material [and substances and produets derived from
them] or to technology related or contributing to the conservation of
biological diversity which are within the jurisdiction or control of a
State is to be [open] [on the basis of mutuai agreements]. 7
15. The application of biotechnology may involve risks and requires
regulatory approaches involving safeguards for health and the environment.
16. Patent systems may have unwanted socio-economie effeets for developing
countries and amali farmers.
      5
            Paragraphs 7-10 were transferred by WG.I to WG.II for
cons iderat ion.
      *     Provisionai formulation to replace Artide 3, paragraphs 8 and
12.
      7
            Provisionai formulation to replace Artide 3, paragraph 14 with
the text in the first set of square brackets (beginning with the words "and
substances and") to be deleted.
                                                                   /...
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                                                     Page 9
17. Biotechnology contributes to the conservation and sustainable use of
biodiversity, which requires a wide genetic base. *
 [17. The maintenance of a wide genetic base is necessary for biotechnology
to be able to contribute to conservation and sustainable use of biological
diversity.]] •
                                                        10
                       [Artide  4. General Obligationa
1.     (Bach Contracting Party) [The Contracting Parties] shall take [in
accordance with (the means at [their] (ita) disposai [,] [and]] [ita]
 [their] capabilities) [and (ita) [their] national plana, programmes and
priorities], [ali] [possible] [appropriate] measures [in accordance with
the pròvisiona of this Convention] (to ensure] [consistent with] the
conservation of (the maximum possible] biological diversity and the
sustainable use [and the development] of its componente within [the area
under] [its] [their] national jurisdiction [or control].
       (They shall ensure that activitiee within their jurisdiction [or
control) do not cause damage to the biological diversity of other States or
of areas beyond the limite of national jurisdiction.]
       [They shall ensure that the [measures of ] conservation of biological
diversity and the sustainable use [and the development] of its components
are [as far as possible appropriately integrated into national plana and
policies.] [Treated as an integrai part of national [development] plana
and are taken duly into account in ali relevant sectoral policies and
legislation.]]
       (The Contracting Parties shall cooperate on a global basis and, as
appropriate, on a regional basis, directly or through appropriate
International organizations with a view to ensuring the conservation of
biological diversity in areas beyond national jurisdiction.]
      The Contracting Parties shall cooperate with each other and with or
through such International organizations as they may deem appropriate in
coordinating their activitiee and in supporting and assisting each other in
fulfilling their obligationa under the present Convention [related to
biological diversity and] [biotechnology] (relevant aspects of
biotechnology]. [including health, food and industriai processesi.
2.     (To these ends, the Contracting Parties shall in accordance with the
means at their disposai and their capabilities:]
       (a) Cooperate in the development of agreed measures, procedures,
technologies, practices and standards for the implementation of this
Convention, [where appropriate with a view to the adoption of protocols and
annexes];
      *     As recommended by the Lawyers* Meeting, if retained, paragraphs
15, 16 and 17 should be relocated in the Preamble since they are statements
of fact.
      9
            Provisionai formulation to replace Artide 3, paragraph 17.
      10
            The Group of 77 and China requested that the proposai contained
in Appendix II to the fifth revised draft Convention on Biological
Diversity be considered with this Artide.
                                                                    /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 10
       (b) Foster favourable economie and legai conditions for the
 sustainable use and development of biological diversity and its components;
       (e) Ensure measures are taken to conserve naturai habitats and viable
 populations of species in naturai surroundings;
       (d) Provide, establish and implement procedures for assessing the
 impact on biological diversity of proposed policies, programmes and
 projeets where such an impact may be significant;
       (e) Provide individually, or in Cooperation with other States and
 international organizations, [new and additional] financial resources and
 other forms of cooperation for programmes which support implementation of
 the provisions of this Convention, taking into consideration the special
 situations and needs of developing countries [.] [and loss of opportunities
 for alternative uses of biological resources foregone because of measures
taken pursuant to this Convention].
      (f) Promote and support scientific research individually and jointly
with other Contracting Parties and international organizations;
      (g) Promote public awareness of the need to conserve biological
diversity and the wise use and development of its components through
education and the dissemination of general Information;
      (h) Facilitate the exchange of Information among themselves and with
international organizations;
      ((i) Taking into consideration the special needs of developing
countries, cooperate with the aim of ensuring the capacity of developing
countries to implement the provisions of the present Convention through
national institutions and legislation.]]
            The text below contained in doublé square bracketa ia
              an alternative in lieu of the whole of Artide   4.
      [[Each Contracting Party shall, [in accordance with the means at its
disposai and its national plana, programmes and priorities] [as far as
possible and as appropriate,] [as far as practicable and as appropriate and
consistent with Articles 5 to ... endeavour to] implement the measures set
down in this Convention [with a view to ensuring] [to promote]:
      (a) The conservation of [the maximum possible] biological diversity
and the sustainable use of its components [in areas within the limita of
national jurisdiction];
      (b) That activities under its jurisdiction or control do not cause
damage to the biological diversity in areas within the limita of the
national jurisdiction of other States or beyond the limite of national
jurisdiction; and
      (e) Through international including regional cooperation, the
conservation and sustainable use of biological diversity in areas beyond
the limits of national jurisdiction.]
      [States shall implement this Convention and its protocols consistent
with the rights and obligations reflected in the 1982 United Nations
Convention on the Law of the Sea.]
                                                                  /..
 ---pagebreak---                                                              UNEP/Bio.Div/N7-INC.5/2
                                                             Page 11
                              (Artide ....         Cooperation
       The Contracting Parties shall co-operate directly or through
 International organizations, where appropriate, in coordinating théir
 activities in supporting and assisting each other in fulfilling their
 obligations under this Convention, particularly taking into consideration
 the needs of developing countries.]]
                       Artide    5.   Implementation    Meaaurea "
 1.    Each Contracting Party shall, in accordance with the particular
 conditions and capabilities in each country:
       (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 meaaures 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.
 [2. Each Contracting Party may take or maintain stricter conservation
measures than those provided for in the present Convention.] u
                    Artide    6,    Identification    and Monitoring
       Each Contracting Party shall, as far as possible and as appropriate in
particular for the purposes of Articles 7 to 10:
       (a) Identify componente of biological diversity with respect to which
it exercises sovereignty, sovereign rights or jurisdiction important for
its conservation and sustainable use, [having regard to those identified in
Annex ...] (and other International agreements to which it is a party];
       (b) Monitor through sampling and other techniques, the componente of
biological diversity identified pursuant to paragraph (a), and paying
particular attention to those requiring urgent conservation measures and
those which offer the greatest potential for sustainable use;
       (e) Identify processes and activities with respect to which it
exercises sovereignty, sovereign rights or jurisdiction which have or are
likely to have significant adverse impacts on the conservation and
sustainable use of biological diversity [having regard to those processes
and activities set down in Annex ... ] and monitor through sampling and
other techniques their effects;
       (d) Maintain and organize by any mechanism data derived front
Identification and monitoring activities pursuant to paragraphs (a), (b)
and (e) of this Artide;
      11
             One delegation proposed the new title of Artide 5 to read
"General Conservation Measures". It was agreed that further consideration
should be given to the title of this A r t i d e .
      13
            Agreement on the content and location of this paragraph was
delayed pending discussion of A r t i d e 23.
                                                                            /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 12
        (e) [Cooperate] [Cooperate through mutual agreements] with other
 Contracting Parties, directly or (as appropriate] [where necessary] through
 relevant organizations, [if appropriate] in identifying and monitoring
 components of biological diversity, processes and activities pursuant to
 paragraphs (a) to (d) of this Article, in respect of transboundary matters
 and areas beyond national jurisdiction. u
                        Article 7. In-aitu     Conservation
       Each Contracting Party shall, as far as possible and as appropriate:
       (a) Establish a system of protected areas [, and associated wildlife
corridors for those components of biological diversity identified pursuant
to Article 6] or areas where special measures need to be taken to conserve
biological diversity;
       (b) Develop where necessary guidelines for the selection,
establishment and management of protected areas or areas where special
measures need to be taken to conserve biological diversity;
       (c) Regulate or manage biological resources whether within or outside
protected areas with a view to ensuring their conservation [and] [,]
sustainable use [and sustainable development];
       ((d) Provide financial and other assistance for new and existing
programmes supporting the protection of ecosystems, natural habitats and
the maintenance of viable populations of species in natural surroundings,
with particular attention to technology and the needs of developing
countries;] M
       (e) Promote environmentally sound and sustainable development in
areas adjacent to protected areas with a view to furthering protection of
these areas;
       (f) Rehabilitate and restore degraded ecosystems and promote the
recovery of threatened species, inter    alia, through the development and
implementation of plans or other management strategies;
       [(g) Regulate the development, use and release of genetically modified
organisms which may have [adverse effects on health] [adverse effects on
the conservation and sustainable use of biological diversity];] u
       (h)   Prevent the introduction of, control or eradicate those alien
species which threaten ecosystems, habitats or species;
       (i) Endeavour to provide in so far as possible [on the basis of
national legislation and in accordance with national programmes, plans and
priorities] economic incentives, legislation, and the condition needed for
compatibility between present uses (in all relevant sectors including
agriculture, forestry and fisheries] and the conservation of biological
      13
           • This paragraph was not agreed upon. It was produced as a result
of consultation with those two- delegations who had difficulty with it and
takes into account their concerns.
      14
            As recommended by WG.II, WG.I, during the sixth negotiating
session/fourth session of INC, decided to postpone the discussion of this
sub-paragraph until WG.II completes its work on Articles 21 and 22.
      15
            Provisionally accepted pending discussion of Article 20.
                                                                    /...
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                                                      Page 13
diversity and the sustainable use of its components (taking into account
the circumstances of countries with economies in transition] [taking into
account the needs of developing countries]; w
      (j) Subject to its national legislation 17 respect, record, protect
and promote the wider application of knowledge, innovations and practices
of indigenous and local communities embodying traditional lifestyles
relevant for the conservation and sustainable use of biological diversity
with the involvement of the holders of such knowledge, innovations and
practices and to share equitably the benefits arising from the utilization
of such knowledge, innovations and practices;
      ((k) Develop or maintain necessary legislation and/or other regulatory
provisions for the protection of threatened species, populations and
varieties [as identified in Article 6];]
      [(1) Regulate or manage processes and activities which have or are
likely to have a significant adverse effect on biological diversity].
                       Article 8.    Ex-aitu  Conservation
     Each Contracting Party shall, as far as possible and as appropriate [,
and for the purpose of complementing in-aitu    measures]:
      (a) Adopt measures for the ex-situ conservation of components of
biological diversity (identified pursuant to Article 6] [preferably in the
country of origin] (country possessing such components of biological
diversity    in-aitu],
      [[To complement in-aitu   measures] [; where providing adequate     in-mltu
facilities to conserve the species [components of biological diversity] is
impracticable or not feasible]].
     (b) Establish and maintain facilities for ex-situ conservation of and
research on plants, animals and micro-organisms (preferably in the country
of origin];
     (c) Adopt measures for the recovery and rehabilitation of endangered
species and for their reintroduction into their natural habitats under
appropriate conditions;
     (d) Regulate [manage or control] collection of biological resources
from natural habitats for ex-situ conservation purposes so as not to
threaten ecosystems and in-aitu    populations of species [ensuring that they
are not exploited for commercial purposes];
     16
           Discussion of this paragraph was postponed pending the outcome of
the discussion of Article 11.
     17
           The reference to national legislation at the beginning of the
text was made to accommodate the specificity of the legal system of one
State.
                                                                     /...
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 Page 14
       [(e) Financial and other assistance to facilitate the establishment
 and maintenance of ex-situ conservation facilities in developing
 countries.] u
                                     (Artide 9
      For Contracting Parties which are developing countries the obligations
 under Articles 5, 7 and 8 of this Convention would be subject to the
provision to them of technical resources, as appropriate, and of adequate,
new and additional financial resources covering on a grant basis the entire
cost to them for fulfilling their obligations under those articles.]
     Artide 10.     Suatainable Ose of Componente of Biological   Diveraity
      Bach 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;
       (e) Protect and encourage customary use of biological resources in
accordance with traditional cultural practices that are compatible with
sustainable use requirements;
      (d) Support locai populations to develop and implement remediai
action in degraded areas where biological diversity has been reduced;
      (e) Encourage Cooperation between governmental authorities and
private sector in developing methods for sustainable use of biological
resources.
                        [Artide  11,   Incentive Measures
1.    Each Contracting Party shall, as far as possible and as appropriate,
[consider] [take] effective economie and social incentive measures (as
indicated in Annex •...] to encourage the conservation and sustainable use
of biological diveraity.
[2. In determining such measures, each Contracting Party shall take into
account, inter aliai
      (a) Economie and social policies which act as incentives to conserve
biodiver8Ìty;
      (b)   The effect of:
            (i)  Institutional arrangements;
           (ii)  Systems of rights to use biological resources;
          (iii)  International trade policies;   and
     M
            As recommended by WG.II, WG.I, during the sixth negotiating
session/fourth session of INC, decided to postpone the discussion of this
sub-paragraph until WG.II completes its work on Articles 21 and 22.
                                                                   /...
 ---pagebreak---                                                        UNEP/Bio.Div/N7-INC.5/2
                                                       Page 15
           (iv)   Pricing policies on the conservation and sustainable use of
                 biological diversity.]
 [3. The Conference of the Parties shall estabiish at ita first meeting a
group of experts to develop guidelines for determining the value
 (ecological, economie, aesthetic and cultural] of biological diversity.
 [National plana prepared in accordance with Artide 5 may, where
appropriate, contain case studies of the value of biological diversity.]]]
                       Artide   12.   Reaearch and  Training
      The Contracting Parties taking into account the special needs of
developing countries shall:
       (a) Bstablish and maintain programmes for scientific and technical
education and training in measures for the Identification, conservation and
sustainable use of biological diversity and ita componente and provide
support for such education and training for the epecific needs of
developing countries;
      (b) Promote and encourage reaearch which contributes to the
conservation and sustainable use of biological diversity, particularly in
developing countries, [inter alia,      in accordance with decisions of the
Conference of the Parties taken in consequence of recommendations of the
Scientific Committee] [inter      aliai
            (i)  Increased knowledge of the components of biological
                 diversity and their role in the functioning of ecosystems;
           (il)  Increased knowledge of the impact of naturai and human
                 factors affecting the conservation of biological diversity,
                 including social studies;
          (ili)  Application of this knowledge for sustainable use of
                 biological diversity;
           (iv)  Development of technologies and other measures for the
                 conservation and sustainable use of biological diversity
                 [including of biotechnology in line with the objectives of
                 this Convention]; and
            (v)  Estimation of   economie and social values of biological
                 resources;] 19
      (e) In keeping with the provisions of Articles 17, 19 and 21, promote
and cooperate in the use of scientific advances in biological diversity
research in developing methods for conservation and sustainable use of
biological resources. "
                   Artide 13.    Public  Education and Awareneaa
      The Contracting Parties shall:
      (a) Promote and encourage understanding of the importance of and the
measures required for the conservation of biological diversity, as well as
its propagation through media, and the inclusion of these topics in
educational programmes;
     19
            Some delegations considered that, if there were t o b e a list, it
should be located in an annex.
     20
            The content of subparagraph (e) may be covered by one of the
bracketed provisions of subparagraph (b).
                                                                      /...
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 Page 16
        (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.
          Artide   14.  [Impact AaaeaamentJ [Minimi zing Adverse Impact a]
       Each Contracting Party, as far as possible and as appropriate shall:
       (a) Introduce appropriate procedures requiring assessment of the
 environmental effects of proposed projects that are likely to have
 significant adverse effects on biological diversity [whether within or
 beyond the limits of national jurisdiction] 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 (whether within or beyond the limits of national
 jurisdiction] of programmes and policies that are likely to have
 significant adverse impacts on biological diversity are duly taken into
 account.
       (e) Promote, on the basis of reciprocity, notification, exchange of
 Information and consultation about activities under their jurisdiction or
control which are likely significantly to adversely affect the biological
diversity of other States a or areas beyond the limits of national
 jurisdiction, by encouraging the conclusion of bilateral, regional or
multilateral arrangements as appropriate. n
       [(d) Those responsible for activities which threaten or could [damage]
 [cause significant loss of] biological diversity are responsible for the
costa of avoiding that threat or damage and for remediai action directly or
through finaneing where damage occurs.] a
       [ (e) In the case of imminent or grave danger or damage originating
under ite jurisdiction [or control] to biological diversity within the area
under jurisdiction [or control] of other States or in areas beyond the
limits of national jurisdiction [or control], notify immediately the
potentially affected States of such danger or damage, and estabiish the
necessary procedures for that purpose, as well as initiate [at source]
action to prevent or minimize such danger or damage.]
       [Be responsible for the cost of avoiding or minimizing threats or
damage to biological diversity beyond the limits of the areas under ite
national jurisdiction resulting from activities within its jurisdiction or
control and, where such damage occurs for the costs of remediai action and,
where it is not possible to return the biological diversity to' the status
quo ante, for compensation.]
      21
             Upon the next reading ali paragraphs using words "Contracting
Parties" or "States" need to be reconsidered to achieve consistency.
      22
             During the sixth negotiating session/fourth session of INC, the
text "(as well as for the establishment of contingency plana to address
situations affecting biological diversity]" was deleted from this sub-
par agraph. While the importance of the issue of "contingency plana" was
not contested, WG.I decided that, at the next reading, consideration should
be given as to the precise location of the concept reflected in the deleted
text.
      23
             During the sixth negotiating session/fourth session of INC, this
text was moved from Artide 3, paragraph 11.
 ---pagebreak---                                                            UNEP/Bio.Div/N7-INC.5/2
                                                           Page 17
      (Establish procedures for international cooperation for the control,
mitigation of damage or restoration of biological diversity, when the
affected Party or the Party of the origin of damage is not able to address
it individually.]] "
      [(f) Support and cooperate in the development and implementation of
international arrangements for emergency responses to activities or events
whether caused naturally or otherwise which [presents a grave and imminent
danger to] [threaten] biological diversity;] *
      [(g) The Conference of the Parties shall (adopt a protocol setting
down rules of procedures) (consider the need to adopt measures] relating to
liability and compensation for damage to biological diversity.] *
                                                            w
                         [Article 15.       Global Lists
                                   Alternative    1
1.    [A Global List of Biogeographic Areas of Particular Importance for the
Conservation of Biological Diversity and a Global List of Species
Threatened with Extinction on a Global Level shall be established pursuant
to the procedures set down in Article 25.] [A List of [Components of]
Biological Diversity of [Outstanding Global Importance] shall be
established, pursuant to the procedures set out in Article 25.]
[2. Inclusion of an area on the List of Biogeographic Areas of Particular
Importance requires the consent of the State or States concerned.
3. Contracting Parties, in fulfilling their obligations under this
Convention shall [, so far as possible, and as appropriate for each
Contracting Party,] give priority to areas and species on the Global
List8.
4.   Inclusion of areas or species on the Lists shall not prejudice the
rights of States over areas in respect of which more than one State claims
sovereignty or jurisdiction.]]
                         Alternative     to paragraph    1 27
(A List of Areas of Outstanding Global Importance shall be established
pursuant to procedures to be determined by the Conference of the Parties at
its first meeting.]
     34
           During the sixth negotiating session/fourth session of INC, this
text was moved from Article 4, paragraph 2 (f).
     23
           During the sixth negotiating session/fourth session of INC, this
text was moved from Article 4, paragraph 2 (i).
     26
           The location of this paragraph was not finalized by WG.I.
     27
           An alternative proposal was made to delete the whole of
Article 15 with subsequent deletion of Article 25.
                                                                          /...
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 Page 18
             Artide  16.  [Regulated] Access to Genetic    Resources
 1.   Recognizing the sovereign rights of States over their naturai
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.    Access, where granted, shall be on mutuaily agreed terme and subject
to the provisions of this Artide.
4.    Access to genetic resources shall be subject to prior informed consent
of the Contracting Party providing such resources, unless otherwise
determined by that Party.
5.    Each Contracting Party shall endeavour to develop and carry out
scientific research based on genetic resources [originating in other
Contracting Parties and/or] provided by other Contracting Parties with the
full participation of, and where possible in such Contracting Parties.
6.    Each Contracting Party shall take the appropriate measures, in
accordance with Articles 17 to 23 and where necessary through the financial
mechanisms established by Articles 21 and 22, to [promote and advance]
[ensure] fair and equitable sharing of the results of research [products
deveioped] and the benefita arising from the [commercial and other]
utilization of genetic resources with the Contracting Parties [of origin
and/or the Contracting Parties] providing such resources.
              Artide 17.   Acceaa 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
Artide to provide and/or facilitate access for and transfer to other
Contracting Parties of technologies that are relevant to the conservation
and sustainable use of biological diversity or make use of genetic
resources and do not cause significant damage to the environment.
2.   Access to and transfer of technology referred to in paragraph 1 to
developing countries shall be provided and/or facilitated under [fair and
reasonable] [fair and most favourable] [preferential and concessional)
conditions and, where necessary, in accordance with the financial mechanism
established by Articles 21 and 22.
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 (are of origin
and/or] provide genetic resources are provided access to and transfer of
technology which makes use of those resources, on mutually agreed terms
[notwithstanding patente and other intellectual property rights]. *
     28
           Some delegations stated that this paragraph may be subject to a
review mechanism which may be introduced in this Artide or at another
appropriate place in this Convention.
                                                                     /...
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                                                        Page 19
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 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 of
this Artide.
5.   The Contracting Parties, recognizing that patents and other
intellectual property rights may have an influence on the implementation of
the present Convention, shall cooperate in this regard subject to national
legislation and International law in order to ensure that such rights are
8upportive of and do not run counter to the objectives of this Convention.
                     Artide 18.   Exchange of      Information
1.   The Contracting Parties shall facilitate the exchange of information
relevant to the conservation and sustainable use of biological diversity,
taking into account the special needs of developing countries.
2.   Such exchange of information shall include exchange of [publicly
available] results of technical, scientific and socio-economie 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 A r t i d e 17, paragraph 1. It shall
also, where feasible, include repatriation of information.
              Artide 19.   Technical  and Scientific       Cooperation
1.   The Contracting Parties shall promote International technical and
scientif ic cooperation in the f ield of conservation and sustainable use of
biological diversity, where necessary through the appropriate International
and national institutions.
2.   Each Contracting Party shall promote technical and scientific
cooperation with other Contracting Parties, in particular developing
countries, in implementing this Convention, Inter alia,        through the
development and implementation of national polleies. In promoting such
cooperation, special attention should be given to the development and
strengthening of national capabilities, by means of human resources
development and institution building.
3.   The Conference of the Parties, at its first meeting, shall determine
how to establish a clearing-house mechanism to promote and facilitate
technical and scientific cooperation.
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 mutuai agreement, promote
the establishment of joint research programmes and joint ventures for the
development of technologies relevant to the objectives of this Convention.
                                                                        /..
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 20
                   Artide    20. Handling of Biotechnology      and
                            Distribution     of its  Benefita
1.     Each Contracting Party shall take appropriate measures to [promote and
advance] [ensure] the participation in biotechnological research activities
by those Contracting Parties, especially developing countries, [of origin
and/or those Contracting Parties] which provide the genetic resources for
such research.
2.     Each Contracting Party shall [ensure priority access] [promote and
advance fair and equitable access] [take appropriate measures to promote
and advance priority access] by Contracting Parties, eapecially developing
countries, to the results and benefits arising from biotechnologies based
upon genetic resources [originating in and/or] provided by those.
Contracting Parties. Such access shall be on mutuaily agreed terms.
3.     Each Contracting Party shall require any naturai or legai person under
its jurisdiction who intends to introduce in another Contracting Party
genetically modified organisms [biotechnology products] which may have an
adverse impact on the [conservation and sustainable use of biological
resources in] [environment of] that Contracting Party to obtain the
[advance agreement] [prior informed consent] of that Contracting Party.
Such (agreement) (consent] shall be in accordance with procedures to be
established by the Conference of the Parties.
4.    Each Contracting Party providing genetically modified organisms
[biotechnology products] shall require any naturai or legai person under
its jurisdiction to provide any available information about the use and
safety regulations required by that Contracting Party in handling
genetically modified organisms [biotechnology products], as well as any
available information on the potential adverse impact of the specific
genetically modified organisms [biotechnology products] concerned to the
Contracting Party into which those organisms [products] are to be
introduced. *
                        Artide     21.   Financial  Resources *
1.    Each Contracting Party undertakes to provide, in accordance with its
capabilities, financial support and incentives in respect of those
activities which are intended to [achieve the objectives of this
Convention] (contribute to the conservation and sustainable use of
biological diversity] in accordance with its national plana, priorities and
programmes. 31
      29
            Some delegations expressed the view that the substance of
paragraphs 3 and 4 were not needed.
     30
            Some delegations noted at the fifth negotiating session/third
session of INC that the final outcome of this article would be closely
related to the final text of Article 1 and Article 22.
      31
            Basic text proposed by an informai Sub-Working Group of WG.II at
the fifth negotiating session/third session of INC.
                                                                    /...
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                                                          Page 21
            Alternative   1 for paragraph    2 to replace   alternative 2
2.    The Contracting Parties which are developed countries commit
themselves to provide adequate new and additional financial resources to
enable developing countries to achieve the objectives of this
Convention. n     [Developed countries referred to above do not include
countries with economies in transition.] s
            Alternative 2 for paragraph      2 to replace   alternative 1
2.   The Contracting Parties, and in particular developed countries,
undertake to provide [new and additional] financial [and other] resources
to meet the agreed incrementai costs to developing countries of [achieving
the objectives) [fulfilling the obligations under Articles •••) of this
Convention. *
3.   The extent to which developing countries are able to (meet the
objectives] [fulfil the obligations under Articles •••) of this Convention
will be subject to the availability of [such] resources (to meet agreed
incrementai costs.] *
                        Artide  22.    Financial   Mechaniama
                                 Alternative     1 *
(1. There is hereby established a fund, hereinafter called the Biological
Diversity Fund, for the achievement of the objectives of the Convention by
developing countries. Contributions to the fund shall be mandatory for
Contracting Parties which are developed countries according to the formula
in Annex ... to this Convention. Voluntary contributions may also be mede
by the developed countries and by other countries and sources.]
[2. The Fund shall be administered [through an agency to be decided by the
Conference of the Parties] (in the following manner).]
(3. Pursuant to the objectives of this Convention, the Conference of the
Parties at ita first meeting shall establish detailed criteria and
guidelines for access to and utilization of the Fund, including monitoring
and evaluation of such utilization.]
4.   The Conference of the Parties shall review the effectiveness of the
funding mechanism established under thie Artide, including the criteria
and guidelines referred to in paragraph 3, not less than two years after
the entry into force of this Convention and thereafter on a regular basis.
     32
           Basic text proposed by an informai Sub-Working Group of WG. II at
the fifth negotiating session/third session of INC.
     33
           Bracketed text proposed by Bulgaria, Czechoslovakia, Poland,
Romania and the USSR at the fifth negotiating session/third session of INC,
     34
           Proposai by the United Kingdom with modifications by the United
States at the fifth negotiating session/third session of INC.
     33
           Basic text by an informai Sub-Working Group of WG. II with
modifications by the United Kingdom and the United States at the fifth
negotiating session/third session of INC.
     36
           Text by an informai Sub-Working Group of WG.II at the fifth
negotiating session/third session of INC.
                                                                          /...
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 Page 22
  [5. The Contracting Parties shall consider strengthening existing
 financial institutions to provide financial resources for the conservation
 and sustainable use of biological diversity.]
                                                                    n
                 Alternative   2 to paragraphs 1,2,3    and 5 above
 [1. The Contracting Parties, pursuant to the objectives of this Convention
 and taking into consideration the special needs of developing countries,
 shall establish a [fund] [financial mechanism] to provide the resources
 which Contracting Parties that are developing countries require to meet the
 agreed incrementai costs for complying with the provisions of this
 Convention, access to and transfer of technology referred to in Artide 17
 and the benefits of the provisions of paragraph 6 of Artide 16.
 Contributions shall be assessed according to the formula in Annex ... to
 this Convention. Additional contributions may also be made by developed
 countries and by other countries and sources.]
 [2. The [fund] [financial mechanism] shall be administered [through the
 evolving Global Environment Facility] [through a Multilateral Fund for
 Biological Diversity] (through an agency to be decided by the Conference of
 the Parties] [in the following manner ...].]
 [3. Pursuant to the objectives of this Convention, the Conference of the
Parties at its first meeting shall [confinn] [establish] criteria and
guidelines [set out in Annex ... to this Convention] for access to and
utilization of the [fund] [financial mechanism], including monitoring and
evaluation of such utilization.]
 [5. The Contracting Parties shall consider strengthening existing
financial institutions to support the [fund] [financial mechanism]
estabiished under this Convention.]
         Artide   23.   Relationship  with Other International   Conventiona
 [1. The provisions of the present Convention shall not affect the rights
and obligations of any Contracting Party deriving from any existing
International agreement relating to the conservation and sustainable use of
biological diversity. *
2.    Any existing International agreement relating to the conservation and
sustainable use of biological diversity may be renegotiated as a protocol
to the present Convention. *
3.    The Contracting Parties shall invite the Parties to any International
agreement relating to the conservation and sustainable use of biological
diversity to agree on arrangements for facilitating joint actions,
coordination, and exchange of Information.] *
      37
             Proposai by the United Kingdom with modif ication by Mexico at the
fifth negotiating session/third session of INC.
      38
             The language in paragraph 1 leaves open the guestion of the
relationship of this Convention with future agreements. The Committee may
want to make an express provision for this.
      39
             The Lawyers' Meeting felt that this paragraph has the character
of a recommendation and would invite the Committee to consider the
necessity of retaining it.
      40
             If retained, the Lawyers* Meeting felt this paragraph might more
appropriately be located in Artide 24 as a function of the Conference of
the Parties.
                                                                        /...
 ---pagebreak---                                                   UNEP/Bio.Div/N7-INC.5/2
                                                  Page 23
 [1. The provisions of the present Convention shall not affect the rights
and obligations of any Contracting Party deriving from any existing
International agreement compatible with the conservation and sustainable
use of biological diversity.]
                  Artide  24.  Conference of the   Partiea
1.   A Conference of the Parties is hereby estabiished. The first meeting
of the Conference of the Parties shall be convened by the Executive
Director of UNEP not later than one year after the entry into force of this
Convention. Thereafter, ordinary meetings of the 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) [three] 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 estabiish,
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 the present Convention, and, for this purpose, shall:
     (a) Establish the fona and the intervals for transmitting the
Information to be submitted in accordance with Artide 28 and consider such
Information as well as reports submitted by any subsidiary body;
     [(b) Review (and approve] scientific [Information] [technological
advice] on biological diversity provided by the Scientific Committee in
accordance with Artide 27;]
     (e) Consider and adopt, as required, in accordance with Artidea 32
and 33, amenamente to this Convention and its annexes;
     (d) Consider amendments to any protocol, as well as to any annexes
thereto, and, if so decided, recommend their adoption to the parties to the
Protocol concerned;
     (e) Consider and adopt, as required, in accordance with Artide 33,
additional annexes to this Convention;
     (f) Consider and adopt, as required, protocols in accordance with
Artide 31;
     (g) Establish such subsidiary bodies as are deemed necessary for the
implementation of this Convention;
     (h) Consider and undertake any additional action that may be required
for the achievement of the purposes of this Convention in the light of
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-
                                                                 /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 24
 governmental, qualified in fields relating to conservation and sustainable
 use of biological diversity which has informed the 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.
                                                            4l
                  [Artide 25.  Procedurea  for Global Lieta
      The Conference of the Parties shall:
      (a) Receive from the Contracting Parties inventories of biogeographic
 areas within the limite of their national jurisdiction of particular
 importance for the conservation of biological diversity and inventories of
 species found within the limite of their national jurisdiction which are
threatened with extinction on a global level;
      (b) Select, taking into account the recommendations of the Scientific
Committee, from the inventories forwarded pursuant to subparagraph (a),
areas and species to be included in the Global Lista;
      (e)  Publish the Global Lists;
      (d) Estabiish, taking into account the recommendations of the
Scientific Committee, guidelines to assist Contracting Parties to select
areas and species for inclusion in the inventories to be forwarded to the
Conference of the Parties pursuant to subparagraph (a);
      (e) Estabi ish, taking into account the recommendations of the
Scientific Committee, criteria for selecting areas and species for
inclusion in the Global Lists pursuant to subparagraph (b) [so that they
may contain areas and species representative of the greatest feasible
proportion of biological diversity, with particular regard to threatened
areas and species];
      (f) Estabi ish and publish, taking into account the advice of the
Scientific Committee, guidelines to assist the Contracting Parties to
menage areas and species on the Global Lists;
      (g) Establish and publish guidelines for the provision of financial
and other assistance to Contracting Parties where it considera this
desirable or necessary in connection with areas and species on the Global
Liste; and
      (h) Ensure that arrangements mede in relation to the Global Lists
complement and strengthen the conservation activities of Contracting
Parties and International organizations developed and implemented under
other International agreements.]
     41
           A proposai was made to delete Artide 25 subsequent to deletion
of Artide 15 (Global Lists).
                                                                  /••
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                                                            Page 25
                             Artide    26.      Secretariat
1.     A Secretariat is hereby established.        Ita functions shall be:.
       (a) To arrange for and service meetings of the Conference of the
Parties provided for in Artide 24;
       [(b) To assist the Conference of the Parties and the Scientific
Committee in performing their functions with regard to establishment and
f u net ioni ng of the Global Lista pursuant to the provisions of Artide 15 of
the preeent Convention as well as assist in facilitating and promoting
transfer of technology and knowledge and technical cooperation pursuant to
the provisions of Articles 17 and 19 of the present Convention;]
       [(e) To maintain the Global Lista referred to in Artide 15 of the
present Convention;]
       (d)   To perforo» the functions assigned to it by any Protocol;
       (e) To prepare reports on the execution of ite functions under this
Convention and present them to the Conference of the Parties;
       (f) To coordinate with other relevant International bodies, and in
particular to enter into such administrative and contractual arrangementa
as may be required for the effective discharge of its functions;
       (g) To perfora» such other functions as may be determined by the
Conference of the Parties.
2.     The eecretariat functions will be carried out on an interim basis by
the Secretariat of the United Nationa Environment Programme until the
completion of the first ordinary meeting of the Conference of the Parties
held pursuant to Artide 24. At its first ordinary meeting, the Conference
of the Parties shall designate the secretariat from amongst those existing,
competent International organizations which have signified their
willingness to carry out the secretariat functions under this Convention.
     Artide 27. [Scientific]     and [Technical] [Technological] [Committee]
        [Subaidiary Bodiea for Scientific     and Technological Cooperation]
                                    Alternative    1
       [The Conference of the Parties shall at its first meeting establish
such subaidiary bodies for providing scientific and [technical)
[technological] advice as required for the implementation of the
Convention.]
                                    Alternative    2
([1. The Conference of the Parties shall at its first meeting establish a
Scientific and (Technical] [Technological] Committee with a balanced
regional representation.)
(1. A Scientific and [Technical] [Technological] Committee is hereby
established. The Conference of the Parties shall, at its first meeting,
appoint the members of the committee with a balanced regional
representation.)
[, whose advice will be based on the considerations outlined in Annex ...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 26
                                    ANNEX ...
            Considerations for the Scientific and Technical Committee
            Pursuant to Artide 27, the Scientific and Technical Committee
            will provide scientific and technical advice to the Conference of
            the Parties taking into account the following considerations:
1.    Art idea 5 - ... of this Convention;
2.    National, regional and global concerns;
3.    National, regional and global plana, lista and priorities;
4.    Other regional and global agreements, mechanisms, technologies and
      sources of funding;
5.    The relative significance among apécies, subspecies, ecosystems and
      areas;
6.    Conservation management effectiveness.]
2.    The Committee shall under the direction of the Conference of the
Parties provide scientific and [technical] [technological] advice to assist
the Conference of the Parties to promote thè objectives of the Convention.]
                                 Artide 28.       Reporta
      Each Contracting Party shall, at intervals to be determined by the
Conference of the Parties, [submit] [present] to the Conference of the
Parties, reports on:
      The actions which it has taken for the implementation of this
      Convention [including, in particular, those pursuant to Articles 5 and
      17-21 of this Convention] [and its view on the effectiveness of those
      actions and on the state of componente of biological diversity within
      the limits of its national jurisdiction.]
                          Artide    29.    Operational    Coat
1.    Expenses incurred in respect of the technical and scientific
Cooperation referred to in Artide 19 shall be borne by the Biological
Diversity Fund. The expenses incurred in operating the Biological
Diversity Fund shall also be borne by that Fund.
                                                                 42
                     Artide     30.   Settlement    of  Diaputea
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.
     42
           Although most environmental conventions provide a single system
of dispute resolution for ali articles (e.g., Vienna Convention for
Protection of the Ozone Layerf, some environmental conventions have limited
the applicability of some dispute resolution mechanisms to specified
articles (e.g., Protocol on Environmental Protection to the Antarctic
Treaty, articles 19 and 20; U.N. Convention on the Law of the Sea,
articles 286, 297-298).
                                                                    /...
 ---pagebreak---                                                     UNEP/BÌO.DÌV/N7-INC.5/2
                                                    Page 27
2.    If the Parties concerned cannot reach agreement by negotiation, they
may jointly seek the good offices of, or reguest mediation by, a third
party.
3.   When ratifying, accepting, approving or acceding to this Convention,
or at any time thereafter, a State or regional economie 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
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 I;
      (b)  SubmÌ8SÌon of the dispute to the International Court of Just ice.
4.   Alternative 1. If the parties to the dispute have not, in accordance
with paragraph 3 above, accepted the seme or any procedure, the dispute
shall be submitted to conciliation in accordance with Annex I, part 2
unless the parties otherwise agree.
     Alternative 2. If the parties to the dispute have not, in accordance
with paragraph 3 above, accepted the same or any procedure, a party which
has not mede a declaration under paragraph 3 above shall be deemed to have
accepted arbitration in accordance with the procedure laid down in Annex I.
If the parties to a dispute have not accepted the same means of dispute
settlement, the dispute shall be submitted to arbitration in accordance
with the procedure laid down in [Part 1 of] Annex I.
5.   The provisions of this Artide shall apply with respect to any
protocol except as otherwise provided in the protocol concerned.
                 (Alternative in lieu of paragraphs 3 and 4)
3.   If the Parties concerned cannot reach agreement through the mechanisms
set down in paragraph 2, they shall submit the dispute to arbitration in
accordance with the procedure laid down in Part 1 of Annex I, unless the
dispute is submitted to the International Court of Justice (ICJ) in
accordance with ite Statuto.
4.   When ratifying, accepting, approving or acceding to this Convention or
at any time thereafter, a state or regional economie integration
organization may declare in writing to the Depositary that it does not
accept paragraph 3 as binding.
5.   If a party to the dispute has made a declaration pursuant to
paragraph 4, the dispute ehall be submitted to conciliation in accordance
with Part 2 of Annex I [, unless the Parties otherwise agree] •
                     Artide 31.   Adoption of   Protocola
1.   The Contracting Parties shall cooperate in the formulation and
adoption of protocols to this Convention.
                                                                   /..
 ---pagebreak--- UNEP/Bio.Div/N7-INC.5/2
Page 28
2.    Protocols shall be adopted at a meeting of the Conference of the
Parties. 43
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.
             Artide 32.   Amendment of the Convention or   Protocola
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 by consensus. If ali
efforts at consensus have been exhausted, and no agreement reached, the
amendment shall as a last resort be adopted by a two-third majority vote of
the Parties to the instrument in question present and voting at the
meeting, and shall be submitted by the Depositary to ali Parties for
ratification, acceptance or approvai.
4.   Ratification, acceptance or approvai of amendments shall be notified
to the Depositary in writing. Amendments adopted in accordance with
paragraph 3 above shall enter into force among Parties having accepted
them on the one hundred and eightieth day after the deposit of their
instruments M of ratification, acceptance or approvai by at least two-
thirds of the Contracting Parties to this Convention or of the Parties to
the protocol concerned, except as may otherwise be provided in such
protocol. Thereafter the amendments shall enter into force for any other
Party on the [ninetieth] [one hundred eightieth] day M after that Party
deposits its instrument of ratification, acceptance or approvai of the
amendments.
     43
            One country agreed with the text as adopted by WG.I during the
sixth negotiating session/fourth session of INC with a reservation on the
procedure for the adoption of protocols.
     44
            To achieve uniformity of the paragraph*s formulation, an
alternative period of 180 days was introduced into the text as recommended
by the Legai Drafting Group established by the INC at ite fourth
session/sixth negotiating session. It was further recommended that a final
decision be taken by the INC at its fifth session/seventh negotiating
session. To achieve consistency between the procedures described in the
paragraph, the Legai Drafting Group recommended substituting the phrase
"deposit of their instruments" for the phrase "receipt by the Depositary of
notification".
                                                                     /...
 ---pagebreak---                                                      UNEP/BÌO.DÌV/N7-INC.5/2
                                                     Page 29
 5.    Por the purposes of this Artide, "Parties present and voting" meane
Parties present and casting an affirmative or negative vote.
                 Artide  33.  Adoption and Amendment of  Annexea
 1.    The annexes to this Convention or to any protocol shall form an
 integrai part of this Convention or of such protocol, as the case may be,
and, unless expressly provided otherwise, a reference to this Convention or
ita protocols constitutes at the seme time a reference to any annexes
thereto. Such annexes shall be restricted to procedurale scientific,
technical and administrative matterà.
2.     Except as may be otherwise provided in any protocol with respect to
ite annexes, the following procedure shall apply to the proposai, adoption
and entry into force of additional annexes to this Convention or of annexes
to any protocol:
       (a) Annexes to this Convention or to any protocol shall be proposed
and adopted according to the procedure laid down in Artide 32;
       (b) Any Party that is unable to approvo 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 ali 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
paragraph (e) below;
       (e) 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
ali Parties to this Convention or to any protocol concerned which have not
submitted a notification in accordance with the provision of
subparagraph (b) above.
3.    The proposai, adoption and entry into force of amendments to annexes
to this Convention or to any protocol shall be subject to the seme
procedure as for the proposai, adoption and entry into force of annexes to
the Convention or annexes to any protocol.
4.    If an additional annex or an amendment to an annex is related to an
amendment to this Convention or to any protocol, the additional annex or
amendment shall not enter into force until such time as the amendment to
this Convention or to the protocol concerned enters into force.
                           Artide 34.   Right to Vote
1.    Except as provided for in paragraph 2 below, each Contracting Party to
this Convention or to any protocol shall have one vote.
      45
            The "one year" time period was introduced in this paragraph to
achieve consistency with the preceding paragraph (b) as recommended by the
Legai Drafting Group estabiished by the INC during ita fourth session/sixth
negotiating session. The phrase "of the adoption" was introduced by the
Legai Drafting Group to achieve consistency with paragraph (b).
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 30
 2.    Regional economie integration organizations, in matterà 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 the
 Convention or the relevant protocol. Such organizations shall not exercise
 their right to vote if their member States exercise theirs, and vice versa.
      Artide 35.     Relationahip    Between the Convention and Ita   Protocola
 1.   A State or a regional economie integration organization may not become
 a Party to a protocol unless it is, or becomes at the same time, a
 Contracting Party to the Convention.
 2.   Decisions under any protocol shall be taken only by the Parties to the
protocol concerned. Any Contracting Party that has not ratified, accepted
or approved a protocol may participate as an observer in any meeting of the
parties to that protocol.
                                Artide 36.      Signature
      This Convention shall be open for signature at ... by ali States and
any regional economie integration organizations from ... until ....
               Artide    37.   Ratification,   Acceptance or Approvai
1.    This Convention and any protocol shall be subject to ratification,
acceptance or approvai by States and by regional economie integration
organizations. Instruments of ratification, acceptance or approvai 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 ite
member States being a Contracting Party shall be bound by ali 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 the Convention or relevant protocol, the organization
and its member States shall decide on their respective responsibilities for
the performance of their obligation under the Convention or protocol, as
the case may be. In such casce, the organization and the member States
shall not bé entitled to exercise rights under the Convention or relevant
protocol concurrently.
3.    In their instrumente of ratification, acceptance or approvai, the
organizations referred to in paragraph 1 above shall dedare the extent of
their competence with respect to the matterà governed by the Convention or
the relevant protocol. These organizations shall also inforca the
Depositary of any relevant modification in the extent of their competence.
                               Artide 38.      Acceaaion
1.    This Convention and any protocol shall be open for accession by States
and by regional economie 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 organizations referred to in
paragraph 1 above shall deelare the extent of their competence with respect
to the matters governed by the Convention or the relevant protocol. These
organizations shall also inforna the Depositary of any relevant modification
in the extent of their competence.
                                                                        /...
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                                                       Page 31
3.    The provisions of Artide 37 paragraph 2, shall apply to regional
economie integration organizations which accede to this Convention or any
protocol.
                         Artide 39.   Entry Into    Force
1.    This Convention shall enter into force on the ninetieth day after the
date of deposit of the [twentieth] instrument of ratification,. acceptance,
approvai 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,
approvai 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 (twentieth]
instrument of ratification, acceptance, approvai 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, approvai
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
Contracting Party deposita its instrument of ratification, acceptance,
approvai or accession, or on the date on which the Convention enters into
force for that Contracting Party, whichever shall be the later.
5.    For the purposes of paragraph 1 and 2 above, any instrument deposited
by a regional economie integration organization shall not be counted as
additional to those deposited by member Statea of such organization.
                          Artide  40.  Reaervationa    "
       [No reservations may be made to this Convention. )
      46
            Some environmental conventions contain a clause prohibiting
reservations (e.g. Vienna Convention for Protection of the Ozone Layer;
Protocol on Environmental Protection to the Antarctic Treaty). Some do not
(e.g. London Dumping Convention; Convention for the Protection, Management
and Development of the Marine and Coastal Environmental of the Eastern
African Region). Some permit only specified reservations, an approach
provided for in the Vienna Convention on the Law of Treaties and customary
International law (e.g. Convention on the Conservation of Migratory Species
of Wild Animala).
      In accordance with the Vienna Convention on Treaties and customary
international law, when a multlisterai convention does not address the
topic of reservations, the usuai presumption is that states may formulate
reservations that are not incompatible with the object and purpose of the
Convention.
      The Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposai presenta another approach. It
prohibits reservations but allows to a State or politicai and/or economie
integration organizations "declarations or statements ... with a view,
Inter alia,   to the harmonization of its laws and regulations with the
provisions of (the) Convention", provided that any such declaration or
statement is not tantamount to a reservation.
                                                                      /...
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 Page 32
                           Artide 41.    Withdrawala
 1.   At any time after two years from the date on which the present
Convention has entered into force for a Contracting Party, that Contracting
Party may withdraw from the Convention by giving written notification to
the Depositary.
2.    Any such withdrawal shall take place upon expiry of one year after the
date of ite receipt by the Depositary, or on such later date as may be
specifled 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.
                            Artide 42.    Depoaitary
      The Secretary-General of the United Nations shall assume the functions
of Depositary of this Convention and any protocols.
                         Artide  43.  Authentic  Texta
      The originai of this Convention, of which the Arabie, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
IN WITNESS WBBREOF the undersigned, being duly authorized to that effect,
have eigned this Convention.
Done at                    on the                      day of.
 ---pagebreak---                                                    UNEP/Bio.Div/N7-INC.5/2
                                                   Annex I
                                                   Page 33
                                   Annex I
                                    Part 1
                                ARBITRATION
                                 Artide 1
     The claimant party shall notify the Secretariat that the parties are
referring a dispute to arbitration pursuant to Artide 30 of the
Convention. The notification shall state the subject-matter of arbitration
and include, in particular, the articles of the Convention or the Protocol,
the interpretation or application of which are at iesue. [If the parties
do not agree on the subject metter of the dispute before the President of
the tribunal is designated the arbitrai tribunal shall determine the
subject metter.) The Secretariat shall forward the Information thus
received to ali Contracting Parties to the Convention or to the Protocol
concerned.
                                 Artide 2
1.   In disputes between two parties, the arbitrai tribunal shall consist
of three members. Bach 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 bis or her usuai 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.
                                 Artide    3
1.   If the President of the arbitrai tribunal has not been designated
within two montha 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 inforna the
Secretary-General who shall make the designation within a further two-month
period.
                                 Artide 4
     The arbitrai tribunal shall render its decisions in accordance with
the pròvisiona of this Convention, any protocols concerned, and
international law.
                                 Artide 5
     Unless the parties to the dispute otherwise agree, the arbitrai
tribunal shall determine its own rules of procedure.
                                                                  /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Annex I
 Appendix I
 Page 34
                                   Artide 6
       (The arbitrai tribunal may, at the request of one of the parties,
 recommend essential interim measures of protection.]
                                   Artide 7
       The parties to the dispute shall facilitate the work of the arbitrai
 tribunal and, in particular, using ali means at their disposai, shallt
       (a) Provide it with ali relevant documents, Information and
 facilìties; and
       (b) Enable it, when necessary, to cali witnesses or experts and
receive their evidence.
                                   Artide 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 arbitrai tribunal.
                                   Artide 9
      Unless the arbitrai 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 ali its costs, and shall furnish a final statement thereof
to the parties.
                                  Artide 10
      Any Contracting Party that has an interest of a legai 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.
                                  Artide 11
      The tribunal may hear and determine counterclaims arising directly out
of the subject-matter of the dispute.
                                  Artide  12
      Decisions both on procedure and substance of the arbitrai tribunal
shall be taken by a majority vote of its members.
                                  Artide  13
      If one of the parties to the dispute does not appear before the
arbitrai 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 arbitrai
tribunal must satisfy itself that the claim is well founded in fact and
law.
                                                                   /..
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                                                  Annex I
                                                  Page 35
                                 A r t i d e 14
     The tribunal shall render ite 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 months.
                                 Artide 15
     The final decision of the arbitrai tribunal shall be confined to the
subject-metter 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.
                                 Artide      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.
                                 Artide 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 arbitrai
tribunal which rendered it.
                                                                 /...
 ---pagebreak---  UNEP/BÌO.DÌV/N7-INC.5/2
 Annex I
 Appendix I
 Page 36
                                    Part 2
                                 CONCILIATION
                                  Artide 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.
                                  Artide   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.
                                  Artide 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.
                                  Artide 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 a party, designate a President within a further two-month period.
                                  Artide 5
      The conciliation commission shall take ita 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 proposai for
resolution of the dispute, which the parties shall consider in good faith.
                                  Artide 6
      A disagreement as to whether the conciliation commission has
competence shall be decided by the commission.
                                                                   /...
 ---pagebreak---                                                    UNEP/Bio.Div/N7-INC.5/2
                                                   Annex
                                                   Appendix I
                                                    Page 37
                                  Appendix I
                    RECOMMENDATIONS OF THE WORKING GROUP I
              SUB-WORKING GROUP ON DEFINITIONS AND USE OF TERMS
               I.  Recommended text for inclusion in Artide 2
"ALIEN SPECIES" means a species occurring in a particular country or area
outside its historically known naturai range, as a result of intentional or
accidental introduction through human intervention.
"BIOLOGICAL DIVERSITY (OR BIODIVERSITY)" means the genetic, taxonomic and
ecological variability among living organisms; this includes the variety
and variability within species, between species and of biotic componente of
ecosystems.
"CONSERVATION OF BIOLOGICAL DIVERSITY" means the preservation (or integrai
protection), maintenance, sustainable use, recovery and enhancement of the
componente of biological diversity. I
"CONSERVATION":   see conservation of biological diversity.
"DOMESTICATED OR CULTIVATED SPECIES" means species in which the
evolutionary process has been influenced deliberately by humans to meet
human needs.
"ECOSYSTEMS" means a dynamic complex of plant, animai and micro-organism
communities and their non-living environments Interacting as a functional
unit.
"ENDANGERED SPECIES" means a species in danger of extinction and whose
survival is unlikely if the casual factors continue operating.
"ENDEMIC SPECIES" means a species whose naturai geographic distribution is
restricted to a specific area or country.
"EX-SITU CONSERVATION" means the conservation of componente of biological
diversity (genetic resources, organisms, populations) outside their naturai
surroundings.
"HABITAT" means the place or type of site where an organism or population
naturaily occurs.
"IN-SITU CONSERVATION" means the conservation of ecosystems and naturai
habitats and the maintenance and recovery of viable populations of species
in their naturai surroundings. 2
     1
          There was a strong feeling in the sub-working group that
"sustainable use" should be excluded from this definition; however, since
at this stage in the draft text of the Convention it is not decided whether
conservation and sustainable use should go together, the sub-working group
recommends that this matter be dealt with later.
     2
          The sub-working group considered a definition of "in-situ
conservation" formulated by Working Group II which includes domesticated
species. No consensus was reached on whether that definition should be
accepted, whether domesticated species should be dealt with in a separate
definition, or whether the present formulation should stand.
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Annex
 Appendix I
 Page 38
 "PROTECTED AREA" means a geographically defined area which is designated,
 or regulated, and managed to achieve specific conservation objectives.
 "(WILDLIFE) CORRIDORS" means routes or avenues to ensure completion of life
 cycles and unimpeded migrations and gene flows. 3
                          II.  Other Recommendations
      The sub-working group recommends:
 1.   The exclusion from Article 2 of the terms:
           "INDIGENOUS SPECIES", "NONTERRESTRIAL SPECIES", "RATIONAL USE OF
           BIOLOGICAL DIVERSITY", "TERRESTRIAL SPECIES", and "WILD SPECIES",
           as they no longer appear in the text of the draft Convention.
           "THREATENED SPECIES" and "SPECIES THREATENED WITH EXTINCTION",
           since they need not be defined, as is the case with IUCN and •
           CITES.
           "INDIGENOUS POPULATIONS", since it does not fall within the terms
           of reference of this sub-working group.
2.    That if the term "UTILIZATION/USE OF BIOLOGICAL DIVERSITY" is to be
      defined in Article 2, it should be dealt with from the point of view
      of sustainable use of biological diversity.
3.    That the term "REGIONAL ECONOMIC INTEGRATION ORGANIZATION", defined as
      "an organization constituted by sovereign States to which its member
      States have transferred competence in respect of matters governed by
      thie Convention and which has been duly authorized, in accordance with
      its internal procedures, to sign, ratify, accept, approve, formally
      confirm or accede to it", as well as other terms such as "MONITOR" and
      "SPECIES" (including marine species, as suggested by one delegation)
      be dealt with should Working Group I so decide.
4.    That the term "SIGNIFICANT" as proposed by one delegation ehould not
      be defined.
     3
           There was a feeling that the text of this term should be
finalized after finalization of the text of Article 7 of the draft
Convention.
 ---pagebreak---                                                        UNEP/Bio.Div/N7-INC.5/2
                                                       Annex
                                                       Appendix II
                                                       Page 39
                                     Appendix II
   ELEMENTS POR INCLUSION IN THE PREAMBLE/FUNDAMENTAL PRINCIPLES/GENERAL
              OBLIGATIONS AS PROPOSED BY THE GROUP OF 77 AND CHINA
1.   Sovereignty    and reaponaibility    (Fundamental principio)
      1.1   Sovereignty and responsibility for damage.
                 State sovereignty over own resources. Responsibility for
            activities in their jurisdiction not to damage biodiversity of
            other States or beyond national jurisdictions.
      1.2 Responsibility of each Party for conservation and sustainable use
of own biodiversity resources.
2.   Funding (Fundamental principio)
     2.1 Adequate new and additional funding by developed countries for
additional burden to developing countries of biodiversity conservation.
3.   Technology     transfer
     3.1 Benefits from research and development to he shared by countries
providing genetic material.
     3.2 Transfer of biotechnologies to developing countries on
preferential and non-commercial basis. (Fundamental principia)
4.   Acceaa to technology and to genetic material      (Fundamental principio)
     Access to both genetic materials and conservation technologies to be
subject to mutuai agreement.
5.   International    cooperation   (Fundamental principio)
     5.1 International cooperation in addition to national efforts is
necessary for conservation.
6.   Prevention    (Preamble or    obligation)
     Prevention of damage to biodiversity is essential. The precautionary
principle (lack of full scientific certainty is not a reason for avoiding
or minimizing threat of significant reduction or loss of biodiversity), and
the principle of action at source complete the mission of prevention.
7.   Common concern (Preamble)
     Conservation of biodiversity 'is common concern of ali mankind.
8.   Conaervation (Preamble or       objectives)
     In-aitu   and ex-aitu   conservation.
9.   Recognition and reward of traditional knowledge of locai communities
which contribute conservation and sustainable use of biodiversity.
(Preamble or general obligation)
10. The fulfilment of the obligations under this Convention by developing
countries would be subject to the effective provision to them of adequate,
new and additional resources and of technology transfer to them on
preferential and non-commercial terms. (General obligation, Artide 4)
 ---pagebreak--- J
  vt A
                                                      1
                    UNITED NATIONS ENVIRONMENT PROGRAMME                                       rffStX
        PROGRAMME DES NATIONS UNIES POUR L'ENVBRONNEMENT ^
       " Z j UNITERRA NAIROBI                                                   P.O. 80x30682
                                                                                Nairobi. Kanya
       * C * 830800 Of 820800
       fot    (2842)128880
                                             D.G.XI
       OS     82088 UUCP KE                      17.0192 I CC6S30
       YourRafaranoa
                               c
                         ELI/PAC                                        6 March 1992
       OurRafaranoa
                                         e A
                                 D.G. D. 0               OIR A
                                           S 1 II III
                                                                 ess. a   0<R C    CJC
                                  XI G. NS            1 7 3 4 5 1 ?|? 4 i
                                ATTR.                                     HEiiiii£
                                                        X          I
        Dear S i r ,             INF.
                                                                        rX.1T.
                 I refer to UNEP Governing Council decision 15/34 by which the Ad Hoc
        Working Group of Experts was established with a mandate to negotiate a
        Convention on conservation and rational use of biodiversity. In May 1991
       by Governing Council decision 16/42 the group was renamed the
        "Intergovernmental Negotiating Committee for a Convention on Biological
       Diversity".
                 The first and second negotiating sessions of this body were held at
       the UNEP headquarters (Nairobi, Xenya) from 19 to 23 November 1990 and from
       25 February to 6 March 1991 respectively. The third session was held in
       Madrid, Spain, from 24 June to 3 July 1991. The fourth negotiating
       session/second session of the Intergovernmental Negotiating Committee (INC)
        for a Convention on Biological Diversity was held from 23 September to
       2 October 1991 again at UNEP headquarters, the fifth negotiating
       session/third session of INC was held in Geneva, Switzerland, from
       25 November to 4 December 1991 and the sixth negotiating session/fourth
       session of INC was held at UNEP headquarters (Nairobi, Kenya) from 6 to
       15 February 1992.
                 The seventh negotiating session/fifth session of INC will be held
       from 11 to 19 May 1992 in Nairobi, Kenya, at the kind invitation of the
       Government of Kenya. The session will open at 9.30 a.m. at UNEP
       headquarters in Gigiri. In preparation of this session, please find
       enclosed the provisional agenda for the seventh negotiating session/fifth
       session of INC as well as the fifth revised draft Convention on Biological
       Diversity including an Explanatory Note indicating the process followed in
       The Director-General
       Commission of European Communities
       Rued de la Loi 200
        1049 Brussels
       Belgium
 ---pagebreak--- United N2tions Environment Programme — Programme des Nations Unies pour 1 cnvironnernent
                                                                     - 2 -
      the revision. The report of the Intergovernmental Negotiating Committee
      for a Convention on Biological Diversity (INC) on the work of Its sixth
      negotiating session/fourth session of INC will be sent to you as soon as
      ready in all languages.
             As agreed at the sixth negotiating session/fourth session of ZNC, the
      seventh negotiating session/fifth session of ZNC might be extended up to
      20 May 1992. This final negotiating session will be followed by the
      Conference for adoption and signature of the Final Act which will Include *
      resolutions, declarations. If any, as well as the agreed text of the
      Convention to be signed at the Plenipotentiary Conference In Rio de Janeiro
      at the time of ONCSD. The Conference for- adoption and signature of the
      Final Act will take place In Nairobi, at the kind invitation of the
      Government of Kenya, and la expected to last for one or two days.
             Z Invite your Organisation to nominate experts to participate In the
      above negotiating session of the T"<-*»g'—^-nnrnil-nl Negotiating Committee
      (ZNC). Please note that It has become the usual practice for both Working
      Groups (WO.Z and MO.ZZ) of the ZNC to hold simultaneous meetings throughout
      the session. This requires experts to be available from the beginning to
      the end of the meeting. Z should be .grateful if you would kindly Inform
      the secretariat In advance of the name(s) and address (es) Including
      telephone, telex and telefax (if available) numbers of the expert(s)
      nominated by your Organisation.
             Please direct any information to the attention of:
             Mrs. I. Rummel-Bulska
             Secretary
             I n t e r g o v e r n m e n t a l N e g o t i a t i n g Committee (ZNC)        v
                 for a Convention on B i o l o g i c a l D i v e r s i t y —          ,--
             Environmental Law and I n s t i t u t i o n s
                Programme A c t i v i t y C e n t r e
             UNEP
             P.O. Box 30552
             Nairobi
             Kenya
             Telephone: 2 3 0 8 0 0 / 5 2 0 6 0 0                G&T. y 4 5 6
             T e l e x : 22068 UNEP KE
             Telefax:            230198
                                                                                     Yours s i n c e r e l y .
                                                                                      Mostafa K. T o l b a
                                                                                     Executive Director
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-15(15
                                                              COM(92)186def.
                                                           DOCUMENTI
IT                                                                               14
                                        N. di catalogo : CB-CO-92-197-IT-C
                                                             ISBN 92-77-43864-9
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