CELEX: 51992PC0509
Language: en
Date: 1992-12-21
Title: Proposal for a COUNCIL DECISION concerning the conclusion of the Convention on Biological Diversity

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    COM(92)509  final
                                    Brussels, 21 December 1992
                     Proposal for a
                    COUNCIL DECISION
                Concerning the concilia I on of
           the Convention on Biological Diversity
             (presented by the Commission)
 ---pagebreak---                                    - 2 -
                                  SUMMARY
The proposal for a Council Decision concerning the conclusion of the
Convention on Biological Diversity establishes the legal basis to allow the
European Economic Community to ratify the abovementioned Convention and
sets-up the schedule to be met by Member States for the same purpose.
 ---pagebreak---                                      - 3 -
                            Explanatory Memorandum
      In 1987 the United Nations Environment Programme created an experts
     group to look into the need of an International agreement on the
     conservation of biological diversity.
 2.  After four expert's meetings, an Intergovernmental Negotiating
     Committee for a Convention on Biological Diversity was created and
     negotiations started In June 1991, based on a draft text prepared by
     the UNEP secretariat.
 3. On July 29 1991, the European Commission was authorized by the Council
     to participate in these negotiating meetings on behalf of the
     Community.
 4.  This decision was taken based on several motivations :
         At the Dublin European Council (June 1990), the Community
         recognized   its specific role      in the solution of global
         environmental problems. The conservation of biological diversity is
         one of the major Issues in this area.
         Long before the Dublin European Council, the Community had already
         developed common policies and actions to protect blotopes and
         endangered species. The Community Is party to international
         agreements related to nature protection like the Berne Convention
         (on the conservation of wildlife and natural habitats) and the Bonn
         Convention (on the conservation of migratory species of wild
         animals). The Community is also closely involved in CITES, the
         Convention for the protection of endangered species of fauna and
         flora.
5.  The Commission participated in the 4 subsequent intergovernmental
    negotiating meetings held in September 1991 (Nairobi), November 1991
     (Geneva), February and May 1992 (Nairobi).
6. At the last Intergovernmental negotiating meeting (May 1992) an
    agreement was reached on a text for a Convention on Biological
    Diversity.
7.  The Convention on Biological Diversity was signed by the Community and
     Its Member States on June 9 1992, at the United Nations Conference on
    Environment and Development, in Rio de Janeiro.
8.  Mr Anlbal CAVACO SILVA, Prime Minister of the Portuguese Republic,
    speaking on behalf of the European Community and its Member States on
    the occasion of the signature by the Community of the Convention on
    Biological Diversity, stated that "this Convention provides a package
    of measures which form a basis for progress on this important subject".
 ---pagebreak---                                      - 4 -
9.  In view of the relationship between certain provisions of the
    Convention and the international rules on Intellectual Property Rights
    on one hand, and the Commission's proposal for a Directive on the legal
    protection of biotechnological inventions on the other hand, it is
    appropriate :
        for the European Community and its Member states to make an
        Interpretative Declaration on the occasion of the ratification of
        the Convention (see Annex III);
        for the Commission to note that the Convention presupposes the
        existence   of   patents   and   other means of    protection   for
        biotechnological inventions among the contracting parties and that,
        therefore,   nothing    prevents   the  Community  from   providing
        biotechnological Inventions with uniform protection at Community
        level.
10. It Is in the Interest of the Community, both in terms of policy
    coherence and effectiveness, to ratify the Convention on Biological
    Diversity, thereby enhancing the Community's actions to preserve nature
    as they are brought together with the efforts of other nations.
 ---pagebreak---                                      - 5 -
 PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF THE CONVENTION
ON BIOLOGICAL DIVERSITY.
THE COUNCIL OF THE EUROPEAN COMMUNITIES.
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 130 S thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
 Having regard to the opinion of the Economic and Social Committee (2),
Whereas the Community participated In the negotiations under the auspices
of the United Nations Environment Program for the preparation of a
Convention on Biological Diversity (3);
Whereas, during the United Nations Conference on Environment and
Development in Rio de Janeiro from 3 - 1 4 June 1992, the Convention on
Biological Diversity was signed by the Community;
Whereas the purpose of this Convention Is to ensure the conservation of
biological diversity, the sustainable use of Its components and the fair
and equitable sharing of the benefits arising out of the utilisation of
genetic resources;
Whereas the Convention, under Article 34, is open for ratification,
acceptance or approval by Member States and by Regional Economic
Integration Organisations;
Whereas the protection of the environment is one of the Community's goals
according to article 130r of the Treaty, which includes the conservation of
nature;
Whereas the Community has already developed and undertaken extensive
actions In Its own territory to safeguard biological diversity and this is
an essential contribution to the conservation of biodiversity worldwide;
Whereas conservation of nature is a global concern and it is therefore in
the interest of the Community to participate In international efforts with
the same goal ;
Whereas the European Community has an economic interest in the conservation
and sustainable use of biological diversity worldwide, and also in
attaining agreed rules about utilisation and benefits sharing;
      (1) OJ No C
      (2) OJ No C
      (3) Council Conclusions of June 1991 not published In the  Official
          Journal of the European Common It les.
 ---pagebreak---                                     - 6 -
Whereas, in view of the measures the Community has already adopted in some
of the areas covered by the Convention, it is for the Community to take its
responsibilities in these areas at the international level;
Whereas, as a consequence, the Community and its Member States share
competence in the areas covered by the Convention, and it is necessary for
the Community and its Member States to become Contracting Parties so that
all the obligations under the Convention can be properly fulfilled;
Whereas, in view of the need for prompt action, it is essential that the
Community and its Member States complete as soon as possible the
procedures for their ratification or approval of the Convention;
Whereas it is desirable that the Community and the Member States deposit,
simultaneously If possible, their instruments of ratification, acceptance
or approval ;
HAS ADOPTED THIS DECISION:
Article 1
The Convention on Biological Diversity signed in June 1992       In Rio de
Janeiro is hereby approved by the European Economic Community.
The text of the Convention appears In Annex 1 to this Decision.
Article 2
1. On behalf of the European Economic Community, the President of the
    Council shall deposit the instrument of approval with the Secretary-
    General of the United Nations In accordance with Article 34(1) of the
    Convention.
2.  At the same time the President shall deposit the declaration of
    competences set out in Annex 2 to this Decision according to the
    provisions of Article 34 (3) of the Convention, as well as the text of
    the Declaration set out In Annex 3 to this Decision.
 ---pagebreak---                                    - 7 -
Article 3
1. Member States shall take the necessary steps to permit the deposit, as
    far as possible simultaneously and not later than 30-06-93, of the
    instruments of ratification or approval of the Member States and the
    Community
2.  Member States shall inform the Commission not later than 30-04-93 of
    their decision to ratify the Convention or, according to the
    circumstances, of the probable date of completion of these procedures.
    The Commission shall, In cooperation with the Member States, choose a
    date for depositing these Instruments simultaneously.
Article 4
This Decision is addressed to the Member States.
Done In Brussels,
                                       For the CounclI
 ---pagebreak---                      - 8 -
                    ANNEX I
TEXT OF THE CONVENTION ON BIOLOGICAL DIVERSITY
 ---pagebreak--- UNITED NATIONS ENVIRONMENT PROGRAMME                    UNEP
                     CONVENTION ON BIOLOGICAL DIVERSITY
                                 5 JUNE 1992
Na.92-7807
 ---pagebreak---                          CONVENTION ON BIOLOGICAL DIVERSITY
                                      Preamble
      The Contracting       Parties,
      Conscious of the intrinsic value of biological diversity and of the
ecological, genetic, social, economic, scientific, educational, cultural,
recreational and aesthetic values of biological diversity and its
components,
      Conscious also of the importance of biological diversity for evolution
 and for maintaining life sustaining systems of the biosphere,
      Affirming   that the conservation of biological diversity is a common
 concern of humankind,
      Reaffirming    that States have sovereign rights over their own
 biological resources,
      Reaffirming    also that States are responsible for conserving their
 biological diversity and for using their biological resources in a
 sustainable manner,
      Concerned thatbiological diversity is being significantly reduced by
 certain human activities,
      Avare of the general lack of information and knowledge regarding
biological diversity and of the urgent need to develop scientific,
technical and institutional capacities to provide the basic understanding
upon which to plan and implement appropriate measures,
      Noting that it is vital to anticipate, prevent and attack the causes
of significant reduction or loss of biological diversity at source,
      Noting also that where there is a threat of significant reduction or
 loss of biological diversity, lack of full scientific certainty should not
be used as a reason for postponing measures to avoid or minimize such a
threat,
        Noting further   that the fundamental requirement for the conservation
of biological diversity is the in-situ conservation of ecosystems and
natural habitats and the maintenance and recovery of viable populations of
species in their natural surroundings,
       Noting further    that ex-situ measures, preferably in the country of
origin, also have an important role to play,
      Recognizing   the close and traditional dependence of many indigenous
and local communities embodying traditional lifestyles on biological
resources, and the desirability of sharing equitably benefits arising from
the use of traditional knowledge, innovations and practices relevant to the
conservation of biological diversity and the sustainable use of its
components,
      Recognizing   also the vital role that women play in the conservation
and sustainable use of biological diversity and affirming the need for the
full participation of women at all levels of policy-making and
implementation for biological diversity conservation,
      Stressing   the importance of, and the need to promote, international,
regional and global cooperation among States and intergovernmental
organizations and the non-governmental sector for the conservation of
biological diversity and the sustainable use of its components,
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      Acknowledging       that the provision of new and additional financial
resources and appropriate access to relevant technologies can be expected
to make a substantial difference in the world's ability to address the loss
of biological diversity,
        Acknowledging      further    that special provision is required to meet the
needs of developing countries, including the provision of new and
additional financial resources and appropriate access to relevant
technologies,
      Noting in this regard the special conditions of the least developed
countries and small island States,
      Acknowledging       that substantial investments are required to conserve
biological diversity and that there is the expectation of a broad range of
environmental, economic and social benefits from those investments,
      Recognizing      that economic and social development and poverty
eradication are the first and overriding priorities of developing
 countries,
      Avare that conservation and sustainable use of biological diversity is
 of critical importance for meeting the food, health and other needs of the
growing world population, for which purpose access to and sharing of both
genetic resources and technologies are essential,
      Noting that, ultimately, the conservation and sustainable use of
biological diversity will strengthen friendly relations among States and
 contribute to peace for humankind,
      Desiring    to enhance and complement existing international arrangements
 for the conservation of biological diversity and sustainable use of its
 components, and
      Determined to conserve and sustainably use biological diversity for
the benefit of present and future generations,
      Have agreed as follows:
                                    Article   1.    Objectives
      The objectives of this Convention, to be pursued in accordance with
 its relevant provisions, are the conservation of biological diversity, the
sustainable use of its components and the fair and equitable sharing of the
benefits arising out of the utilization of genetic resources, including by
appropriate access to genetic resources and by appropriate transfer of
relevant technologies, taking into account all rights over those resources
and to technologies, and by appropriate funding.
                                   Article  2.    Use of Terms
      For the purposes of this Convention:
"Biological    diversity"      means the variability among living organisms from
all sources including, inter alia,            terrestrial, marine and other aquatic
ecosystems 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 parts
thereof, populations, or any other biotic component of ecosystems with
actual or potential use or value for humanity.
                                                                                 /..
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 "Biotechnology"     means any technological application that uses biological
systems, living organisms, or derivatives thereof, to make or modify
products or processes for specific use.
 "Country of origin      of genetic    resources"    means the country which possesses
those genetic resources in in-situ            conditions.
 "Country providing      genetic   resources"     means the country supplying genetic
resources collected from in-situ           sources, including populations of both
wild and domesticated species, or taken from ex-situ              sources, which may or
may not have originated in that country.
 "Domesticated     or cultivated    species"     means species in which the
evolutionary process has been influenced by humans to meet their needs.
 "Ecosystem" means a dynamic complex of plant, animal and micro-organism
communities and their non-living environment interacting as a functional
unit.
 "Ex-situ conservation"        means the conservation of components of biological
diversity outside their natural habitats.
 "Genetic material"      means any material of plant, animal, microbial or other
origin containing functional units of heredity.
 "Genetic   resources"     means genetic material of actual or potential value.
 "Habitat" means the place or type of site where an organism or population
naturally occurs.
 "In-situ   conditions"     means conditions where genetic resources exist within
ecosystems and natural habitats, and. In the case of domesticated or
cultivated species, in the surroundings where they have developed their
distinctive properties.
"In-situ    conservation"      means the conservation of ecosystems and natural
habitats and the maintenance and recovery of viable populations of species
in their natural surroundings and, in the case of domesticated or
cultivated species, in the surroundings where they have developed their
distinctive properties.
"Protected1 area" means a geographically defined area which is designated or
regulated and managed to achieve specific conservation objectives.
"Regional economic integration          organization"     means an organization
constituted by sovereign States of a given region, to which its member
States have transferred competence in respect of matters governed by this
Convention and which has been duly authorized, in accordance with its
internal procedures, to sign, ratify, accept, approve or accede to it.
"Sustainable     use" means the use of components of biological diversity in a
way and at a rate that does not lead to the long-term decline of biological
diversity, thereby maintaining its potential to meet the needs and
aspirations of present and future generations.
"Technology"     includes biotechnology.
                                   Article    3»     Principle
       States have, in accordance with the Charter of the United Nations and
the principles of international law, the sovereign right to exploit their
own resources pursuant to their own environmental policies, and the
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responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas
beyond the limits of national jurisdiction.
                        Article 4.   Jurisdictional        Scope
      Subject to the rights of other States, and except as otherwise
expressly provided in this Convention, the provisions of this Convention
apply, in relation to each Contracting Party:
       (a) In the case of components of biological diversity, in areas
within the limits of its national jurisdiction; and
       (b) In the case of processes and activities, regardless of where
their effects occur, carried out under its jurisdiction or control, within
the area of its national jurisdiction or beyond the limits of national
 jurisdiction.
                             Article  5.       Cooperation
      Each Contracting Party shall, as far as possible and as appropriate,
cooperate with other Contracting Parties, directly or, where appropriate,
through competent international organizations, in respect of areas beyond
national jurisdiction and on other matters of mutual interest, for the
conservation and sustainable use of biological diversity.
      Article 6. General   Measures  for   Conservation     and Sustainable Use
      Each Contracting Party shall, in accordance with its particular
conditions and capabilities:
       (a) Develop national strategies, plans or programmes for the
conservation and sustainable use of biological diversity or adapt for this
purpose existing strategies, plans or programmes which shall reflect, inter
alia,   the measures set out in this Convention relevant to the Contracting
Party concerned; and
       (b) Integrate, as far as possible and as appropriate, the
conservation and sustainable use of biological diversity into relevant
sectoral or cross-sectoral plans, programmes and policies.
                   Article 7. Identification        and    Monitoring
      Each Contracting Party shall, as far as possible and as appropriate,
in particular for the purposes of Articles 8 to 10:
       (a) Identify components of biological diversity important for its
conservation and sustainable use having regard to the indicative list of
categories set down in Annex I;
      (b) Monitor, through sampling and other techniques, the components of
biological diversity identified pursuant to subparagraph (a) above, paying
particular attention to those requiring urgent conservation measures and
those which offer the greatest potential for sustainable use;
      (c) Identify processes and categories of activities which have or are
likely to have significant adverse impacts on the conservation and
sustainable use of biological diversity, and monitor their effects through
sampling and other techniques; and
                                                                                /...
 ---pagebreak---                                        H
      (d) Maintain and organize, by any mechanism data, derived from
 identification and monitoring activities pursuant to subparagraphs (a), (b)
and (c) above.
                       Article 8.  In-situ   Conservation
      Each Contracting Party shall, as far as possible and as appropriate:
      (a) Establish a system of protected areas or areas where special
measures need to be taken to conserve biological diversity;
      (b) Develop, where necessary, guidelines for the selection,
establishment and management of protected areas or areas where special
measures need to be taken to conserve biological diversity;
      (c) Regulate or manage biological resources important for the
 conservation of biological diversity whether within or outside protected
 areas, with a view to ensuring their conservation and sustainable use;
      (d) Promote the protection of ecosystems, natural habitats and the
maintenance of viable populations of species in natural surroundings;
      (e) Promote environmentally sound and sustainable development in
areas adjacent to protected areas with a view to furthering protection of
these areas;
      (f) Rehabilitate and restore degraded ecosystems and promote the
recovery of threatened species, inter alia,  through the development and
 implementation of plans or other management strategies;
      (g) Establish or maintain means to regulate, manage or control the
risks associated with the use and release of living modified organisms
resulting from biotechnology which are likely to have adverse environmental
impacts that could affect the conservation and sustainable use of
biological diversity, taking also into account the risks to human health;
      (h) Prevent the introduction of, control or eradicate those alien
species which threaten ecosystems, habitats or species;
      (i) Endeavour to provide the conditions needed for compatibility
between present uses and the conservation of biological diversity and the
sustainable use of its components;
      (j) Subject to its national legislation, respect, preserve and
maintain knowledge, innovations and practices of indigenous and local
communities embodying traditional lifestyles relevant for the conservation
and sustainable use of biological diversity and promote their wider
application with the approval and involvement of the holders of such
knowledge, innovations and practices and encourage the equitable sharing of
the benefits arising from the utilization of such knowledge, innovations
and practices;
      (k) Develop or maintain necessary legislation and/or other regulatory
provisions for the protection of threatened species and populations;
      (1) Where a significant adverse effect on biological diversity has
been determined pursuant to Article 7, regulate or manage the relevant
processes and categories of activities; and
      (m) Cooperate in providing financial and other support for    in-situ
conservation outlined in subparagraphs (a) to (1) above, particularly to
developing countries.
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                          Article   9.  Ex-situ     Conservation
      Each Contracting Party shall, as far as possible and as appropriate,
 and predominantly for the purpose of complementing in-situ measures:
       (a) Adopt measures for the ex-situ        conservation of components of
biological diversity, preferably in the country of origin of such
 components;
       (b) Establish and maintain facilities for ex-situ conservation of and
 research on plants, animals and micro-organisms, preferably in the country
 of origin of genetic resources;
       (c) Adopt measures for the recovery and rehabilitation of threatened
 species and for their reintroduction into their natural habitats under
 appropriate conditions;
       (d) Regulate and manage collection of biological resources from
 natural habitats for ex-situ conservation purposes so as not to threaten
 ecosystems and in-situ     populations of species, except where special
 temporary ex-situ measures are required under subparagraph (c) above; and
       (e) Cooperate in providing financial and other support for          ex-situ
 conservation outlined in subparagraphs (a) to (d) above and in the
 establishment and maintenance of ex-situ conservation facilities in
 developing countries.
      Article 10.   Sustainable     Use of Components of Biological    Diversity
      Each Contracting Party shall, as far as possible and as appropriate:
       (a) Integrate consideration of the conservation and sustainable use
of biological resources into national decision-making;
       (b) Adopt measures relating to the use of biological resources to
avoid or minimize adverse impacts on biological diversity;
       (c) Protect and encourage customary use of biological resources in
accordance with traditional cultural practices that are compatible with
conservation of sustainable use requirements;
       (d) Support local populations to develop and implement remedial
action in degraded areas where biological diversity has been reduced;            and
      (e) Encourage cooperation between its governmental authorities and
 its private sector in developing methods for sustainable use of biological
resources.
                          Article 11.     Incentive   Measures
      Each Contracting Party shall, as far as possible and as appropriate,
adopt economically and socially sound measures that act as incentives for
the conservation and sustainable use of components of biological diversity.
                        Article   12.  Research and    Training
      The Contracting Parties, taking into account the special needs of
developing countries, shall:
      (a) Establish and maintain programmes for scientific and technical
education and training in measures for the identification, conservation and
sustainable use of biological diversity and its components and provide
                                                                               /...
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 support for such education and training for the specific needs of
 developing countries;
      (b) Promote and encourage research which contributes to the
 conservation and sustainable use of biological diversity, particularly in
 developing countries, inter     alia,    in accordance with decisions of the
 Conference of the Parties taken in consequence of recommendations of the
 Subsidiary Body on Scientific, Technical and Technological Advice; and
      (c) In keeping with the provisions of Articles 16, 18 and 20, promote
 and cooperate in the use of scientific advances in biological diversity
 research in developing methods for conservation and sustainable use of
 biological resources.
                  Article   13.    Public   Education and    Awareness
      The Contracting Parties shall:
      (a) Promote and encourage understanding of the importance of, and the
 measures required for, the conservation of biological diversity, as well as
 its propagation through media, and the inclusion of these topics in
 educational programmes; and
       (b) Cooperate, as appropriate, with other States and international
 organizations in developing educational and public awareness programmes,
 with respect to conservation and sustainable use of biological diversity.
         Article 14.    Impact  Assessment    and Minimizing   Adverse Impacts
 1.   Each Contracting Party, as far as possible and as appropriate, shall:
      (a) Introduce appropriate procedures requiring environmental impact
 assessment of its proposed projects that are likely to have significant
 adverse'effects on biological diversity with a view to avoiding or
minimizing such effects and, where appropriate, allow for public
participation in such procedures;
      (b) Introduce appropriate arrangements to ensure that the
environmental consequences of its programmes and policies that are likely
to have significant adverse impacts on biological diversity are duly taken
 into account;
      (c) Promote, on the basis of reciprocity, notification, exchange of
 information and consultation on activities under their jurisdiction or
control which are likely to significantly affect adversely the biological
diversity of other States or areas beyond the limits of national
jurisdiction, by encouraging the conclusion of bilateral, regional or
multilateral arrangements, as appropriate;
      (d) In the case of imminent or grave danger or damage, originating
under its jurisdiction or control, to biological diversity within the area
under jurisdiction of other States or in areas beyond the limits of
national jurisdiction, notify immediately the potentially affected States
of such danger or damage, as well as initiate action to prevent or minimize
such danger or damage; and
      (e) Promote national arrangements for emergency responses to
activities or events, whether caused naturally or otherwise, which present
a grave and imminent danger to biological diversity and encourage
international cooperation to supplement such national efforts and, where
appropriate and agreed by the States or regional economic integration
organizations concerned, to establish joint contingency plans.
                                                                               /...
 ---pagebreak---                                          If
 2.   The Conference of the Parties shall examine, on the basis of studies
 to be carried out, the issue of liability and redress, including
 restoration and compensation, for damage to biological diversity, except
where such liability is a purely internal matter.
                    Article  15.  Access  to Genetic  Resources
 1.   Recognizing the sovereign rights of States over their natural
 resources, the authority to determine access to genetic resources rests
with the national governments and is subject to national legislation.
 2.   Each Contracting Party shall endeavour to create conditions to
 facilitate access to genetic resources for environmentally sound uses by
 other Contracting Parties and not to impose restrictions that run counter
 to the objectives of this Convention.
 3.    For the purpose of this Convention, the genetic resources being
 provided  by a Contracting Party, as referred to in this Article and
 Articles  16 and 19, are only those that are provided by Contracting Parties
 that are  countries of origin of such resources or by the Parties that have
 acquired  the genetic resources in accordance with this Convention.
 4.   Access, where granted, shall be on mutually agreed terms and subject
 to the provisions of this Article.
 5.   Access to genetic resources shall be subject to prior informed consent
 of the Contracting Party providing such resources, unless otherwise
 determined by that Party.
 6.   Each Contracting Party shall endeavour to develop and carry out
 scientific research based on genetic resources provided by other
 Contracting Parties with the full participation of, and where possible in,
 such Contracting Parties.
 7.   Each Contracting Party shall take legislative, administrative or
 policy measures, as appropriate, and in accordance with Articles 16 and 19
 and, where necessary, through the financial mechanism established by
Articles 20 and 21 with the aim of sharing in a fair and equitable way the
 results of research and development and the benefits arising from the
 commercial and other utilization of genetic resources with the Contracting
Party providing such resources. Such sharing shall be upon mutually agreed
terms.
            y Article    16. Access to and Transfer  of Technology
 1.   Each Contracting Party, recognizing that technology includes
biotechnology, and that both access to and transfer of technology among
Contracting Parties are essential elements for the attainment of the
objectives of this Convention, undertakes subject to the provisions of this
Article to provide and/or facilitate access for and transfer to other
Contracting Parties of technologies that are relevant to the conservation
and sustainable use of biological diversity or make use of genetic
resources and do not cause significant damage to the environment.
2.    Access to and transfer of technology referred to in paragraph 1 above
to developing countries shall be provided and/or facilitated under fair and
most favourable terms, including on concessional and preferential terms
where mutually agreed, and, where necessary, in accordance with the
financial mechanism established by Articles 20 and 21. In the case of
technology subject to patents and other intellectual property rights, such
                                                                        /...
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access and transfer shall be provided on terms which recognize and are
consistent with the adequate and effective protection of intellectual
property rights. The application of this paragraph shall be consistent
with paragraphs 3, 4 and 5 below.
3.    Each Contracting Party shall take legislative, administrative or
policy measures, as appropriate, with the aim that Contracting Parties, in
particular those that are developing countries, which provide genetic
resources are provided access to and transfer of technology which makes use
of those resources, on mutually agreed terms, including technology
protected by patents and other intellectual property rights, where
necessary, through the provisions of Articles 20 and 21 and in accordance
with international law and consistent with paragraphs 4 and 5 below.
4.    Each Contracting Party shall take legislative, administrative or
policy measures, as appropriate, with the aim that the private sector
 facilitates access to, joint development and transfer of technology
referred to in paragraph 1 above for the benefit of both governmental
 institutions and the private sector of developing countries and in this
regard shall abide by the obligations included in paragraphs 1, 2 and 3
above.
 5.   The Contracting Parties, recognizing that patents and other
 intellectual property rights may have an influence on the implementation of
this Convention, shall cooperate in this regard subject to national
legislation and international law in order to ensure that such rights are
supportive of and do not run counter to its objectives.
                      Article   17.  Exchange of    Information
 1.   The Contracting Parties shall facilitate the exchange of information,
from all publicly available sources, relevant to the conservation and
sustainable use of biological diversity, taking into account the special
needs of'developing countries.
2.    Such exchange of information shall include exchange of results of
technical, scientific and socio-economic research, as well as information
on training and surveying programmes, specialized knowledge, indigenous and
traditional knowledge as such and in combination with the technologies
referred to in Article 16, paragraph 1. It shall also, where feasible,
include repatriation of information.
              Article  18.    Technical  and Scientific    Cooperation
1.    The Contracting Parties shall promote international technical and
scientific cooperation in the field of conservation and sustainable use of
biological diversity, where necessary, through the appropriate
international and national institutions.
2.    Each Contracting Party shall promote technical and scientific
cooperation with other Contracting Parties, in particular developing
countries, in implementing this Convention, inter alia, through the
development and implementation of national policies. In promoting such
cooperation, special attention should be given to the development and
strengthening of national capabilities, by means of human 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.
                                                                        /...
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 4.     The Contracting Parties shall, in accordance with national legislation
 and policies, encourage and develop methods of cooperation for the
 development and use of technologies, including indigenous and traditional
 technologies, in pursuance of the objectives of this Convention. For this
 purpose, the Contracting Parties shall also promote cooperation in the
 training of personnel and exchange of experts.
 5.     The Contracting Parties shall, subject to mutual agreement, promote
 the establishment of joint research programmes and joint ventures for the
 development of technologies relevant to the objectives of this Convention.
    Article  19.  Handling  of Biotechnology    and Distribution of its Benefits
 1.     Each Contracting Party shall take legislative, administrative or
 policy measures, as appropriate, to provide for the effective participation
 in biotechnological research activities by those Contracting Parties,
 especially developing countries, which provide the genetic resources for
 such research, and where feasible in such Contracting Parties.
 2.     Each Contracting Party shall take all practicable measures to promote
 and advance priority access on a fair and equitable basis by Contracting
 Parties, especially developing countries, to the results and benefits
 arising from biotechnologies based upon genetic resources provided by those
 Contracting Parties. Such access shall be on mutually agreed terms.
 3.     The Parties shall consider the need for and modalities of a protocol
 setting out appropriate procedures, including, in particular, advance
 informed agreement, in the field of the safe transfer, handling and use of
 any living modified organism resulting from biotechnology that may have
 adverse effect on the conservation and sustainable use of biological
 diversity.
 4.     Each Contracting Party shall, directly or by requiring any natural or
 legal person under its jurisdiction providing the organisms referred to in
paragraph 3 above, provide any available information about the use and
 safety regulations required by that Contracting Party in handling such
organisms, as well as any available information on the potential adverse
 impact of the specific organisms concerned to the Contracting Party into
which those organisms are to be introduced.
                         Article 20.    Financial    Resources
 1.     Each Contracting Party undertakes to provide, in accordance with its
capabilities, financial support and incentives in respect of those national
activities which are intended to achieve the objectives of this Convention,
 in accordance with its national plans, priorities and programmes.
2.     The developed country Parties shall provide new and additional
financial resources to enable developing country Parties to meet the agreed
full incremental costs to them of implementing measures which fulfil the
obligations of this Convention and to benefit from its provisions and which
costs are agreed between a developing country Party and the institutional
structure referred to in Article 21, in accordance with policy, strategy,
programme priorities and eligibility criteria and an indicative list of
incremental costs established by the Conference of the Parties. Other
Parties, including countries undergoing the process of transition to a
market economy, may voluntarily assume the obligations of the developed
country Parties. For the purpose of this Article, the Conference of the
Parties, shall at its first meeting establish a list of developed country
Parties and other Parties which voluntarily assume the obligations of the
developed country Parties. The Conference of the Parties shall periodically
review and if necessary amend the list. Contributions from other countries
 ---pagebreak---                                     -1*
and sources on a voluntary basis would also be encouraged. The
 implementation of these commitments shall take into account the need for
adequacy, predictability and timely flow of funds and the importance of
burden-sharing among the contributing Parties included in the list.
 3.   The developed country Parties may also provide, and developing country
 Parties avail themselves of, financial resources related to the
 implementation of this Convention through bilateral, regional and other
multilateral channels.
 4.   The extent to which developing country Parties will effectively
 implement their commitments under this Convention will depend on the
 effective implementation by developed country Parties of their commitments
 under this Convention related to financial resources and transfer of
 technology and will take fully into account the fact that economic and
 social development and eradication of poverty are the first and overriding
 priorities of the developing country Parties.
 5.   The Parties shall take full account of the specific needs and special
 situation of least developed countries in their actions with regard to
 funding and transfer of technology.
 6.   The Contracting Parties shall also take into consideration the special
 conditions resulting from the dependence on, distribution and location of,
 biological diversity within developing country Parties, in particular small
 island States.
 7.   Consideration shall also be given to the special situation of
 developing countries, including those that are most environmentally
 vulnerable, such as those with arid and semi-arid zones, coastal and
mountainous areas.
                       Article 21.  Financial Mechr^ism
 1.   There shall be a mechanism for the provision of financial resources to
developing country Parties for purposes of this Convention on a grant or
concessional basis the essential elements of which are described in this
Article. The mechanism shall function under the authority and guidance of,
and be accountable to, the Conference of the Parties for purposes of this
Convention. The operations of the mechanism shall be carried out by such
institutional structure as may be decided upon by the Conference of the
Parties at its first meeting. For purposes of this Convention, the
Conference of the Parties shall determine the policy, strategy, programme
priorities and eligibility criteria relating to the access to and
utilization of such resources. The contributions shall be such as to take
into account the need for predictability, adequacy and timely flow of funds
referred to in Article 20 in accordance with the amount of resources needed
to be decided periodically by the Conference of the Parties and the
importance of burden-sharing among the contributing Parties included in the
list referred to in Article 20, paragraph 2. Voluntary contributions may
also be made by the developed country Parties and by other countries and
sources. The mechanism shall operate within a democratic and transparent
system of governance.
2.    Pursuant to the objectives of this Convention, the Conference of the
Parties shall at its first meeting determine the policy, strategy and
programme priorities, as well as detailed criteria and guidelines for
eligibility for access to and utilization of the financial resources
including monitoring and evaluation on a regular basis of such utilization.
The Conference of the Parties shall decide on the arrangements to give
effect to paragraph 1 above after consultation with the institutional
structure entrusted with the operation of the financial mechanism.
 ---pagebreak---                                          ff
 3.   The Conference of the Parties shall review the effectiveness of the
 mechanism established under this Article, including the criteria and
 guidelines referred to in paragraph 2 above, not less than two years after
 the entry into force of this Convention and thereafter on a regular basis.
 Based on such review, it shall take appropriate action to improve the
 effectiveness of the mechanism if necessary.
 4.   The Contracting Parties shall consider strengthening existing
 financial institutions to provide financial resources for the conservation
 and sustainable use of biological diversity.
        Article   22.  Relationship  with Other International    Conventions
       1.    The provisions of this Convention shall not affect the rights and
 obligations of any Contracting Party deriving from any existing
 international agreement, except where the exercise of those rights and
 obligations would cause a serious damage or threat to biological diversity.
      2.     Contracting Parties shall implement this Convention with respect
 to the marine environment consistently with the rights and obligations of
 States under the law of the sea.
                      Article  23.  Conference of the    Parties
 1.   A Conference of the Parties is hereby established. The first meeting
 of the Conference of the Parties shall be convened by the Executive
 Director of the United Nations Environment Programme not later than one
 year after the entry into force of this Convention. Thereafter, ordinary
 meetings of the Conference of the Parties shall be held at regular
 intervals to be determined by the Conference at its first meeting.
 2.   Extraordinary meetings of the Conference of the Parties shall be held
 at such other times as may be deemed necessary by the Conference, or at the
 written request of any Party, provided that, within six months of the
 request being communicated to them by the Secretariat, it is supported by
 at least one third of the Parties.
 3.   The Conference of the Parties shall by consensus agree upon and adopt
 rules of procedure for itself and for any subsidiary body it may establish,
 as well as financial rules governing the funding of the Secretariat. At
each ordinary meeting, it shall adopt a budget for the financial period
until the next ordinary meeting.
4.    The Conference of the Parties shall keep under review the
 implementation of this Convention, and, for this purpose, shall:
      (a) Establish the form and the intervals for transmitting the
 information to be submitted in accordance with Article 26 and consider such
information as well as reports submitted by any subsidiary body;
      (b) Review scientific, technical and technological advice on
biological diversity provided in accordance with Article 25;
      (c) Consider and adopt, as required, protocols in accordance with
Article 28;
      (d) Consider and adopt, as required, in accordance with Articles 29
and 30, amendments to this Convention and its annexes;
      (e) Consider amendments to any protocol, as well as to any annexes
thereto, and, if so decided, recommend their adoption to the parties to the
protocol concerned;
 ---pagebreak---                                        n
       (f) Consider and adopt, as required, in accordance with Article 30,
additional annexes to this Convention;
       (g) Establish such subsidiary bodies, particularly to provide
scientific and technical advice, as are deemed necessary for the
 implementation of this Convention;
       (h) Contact, through the Secretariat, the executive bodies of
conventions dealing with matters covered by this Convention with a view to
establishing appropriate forms of cooperation with them; and
       (i) Consider and undertake any additional action that may be required
 for the achievement of the purposes of this Convention in the light of
experience gained in its operation.
 5.   The United Nations, its specialized agencies and the International
Atomic Energy Agency, as well as any State not Party to this Convention,
may be represented as observers at meetings of the Conference of the
 Parties. Any other body or agency, whether governmental or non-
governmental, qualified in fields relating to conservation and sustainable
use of biological diversity, which has informed the Secretariat of its wish
to be represented as an observer at a meeting of the Conference of the
Parties, may be admitted unless at least one third of the Parties present
object. The admission and participation of observers shall be subject to
the rules of procedure adopted by the Conference of the Parties.
                           Article 24.       Secretariat
 1.   A secretariat is hereby established.     Its functions shall be:
       (a) To arrange for and service meetings of the Conference of the
Parties provided for in Article 23;
       (b) To perform the functions assigned to it by any protocol;
       (c) To prepare reports on the execution of its functions under this
Convention and present them to the Conference of the Parties;
       (d) To coordinate with other relevant international bodies and, in
particular to enter into such administrative and contractual arrangements
as may be required for the effective discharge of its functions; and
      (e) To perform such other functions as may be determined by the
Conference of the Parties.
2.    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.
            Article 25.  Subsidiary Body on Scientific,     Technical
                           and Technological     Advice
1.    A subsidiary body for the provision of scientific, technical and
technological advice is hereby established to provide the Conference of the
Parties and, as appropriate, its other subsidiary bodies with timely advice
relating to the implementation of this Convention. This body shall be open
to participation by all Parties and shall be multidisciplinary. It shall
comprise government representatives competent in the relevant field of
expertise. It shall report regularly to the Conference of the Parties on
all aspects of its work.
                                                                        /...
 ---pagebreak---                                            Î3
 2.   Under the authority of and in accordance with guidelines laid down by
 the Conference of the Parties, and upon its request, this body shall:
       (a) Provide scientific and technical assessments of the status of
biological diversity;
       (b) Prepare scientific and technical assessments of the effects of
types of measures taken in accordance with the provisions of this
Convention;
       (c) Identify innovative, efficient and state-of-the-art technologies
 and know-how relating to the conservation and sustainable use of biological
diversity and advise on the ways and means of promoting development and/or
 transferring such technologies;
       (d) Provide advice on scientific programmes and international
 cooperation in research and development related to conservation and
 sustainable use of biological diversity; and
       (e) Respond to scientific, technical, technological and
methodological questions that the Conference of the Parties and its
 subsidiary bodies may put to the body.
 3.   The functions, terms of reference, organization and operation of this
body may be further elaborated by the Conference of the Parties.
                              Article    26.     Reports
      Each Contracting Party shall, at intervals to be determined by the
Conference of the Parties, present to the Conference of the Parties,
 reports on measures which it has taken for the implementation of the
provisions of this Convention and their effectiveness in meeting the
objectives of this Convention.
                      Article 27.     Settlement    of   Disputes
1.    In the event of a dispute between Contracting Parties concerning the
interpretation or application of this Convention, the parties concerned
shall seek solution by negotiation.
2.    If the parties concerned cannot reach agreement by negotiation, they
may jointly seek the good offices of, or request mediation by, a third
party.
3.    When ratifying, accepting, approving or acceding to this Convention,
or at any time thereafter, a State or regional economic integration
organization may declare in writing to the Depositary that for a dispute
not resolved in accordance with paragraph 1 or paragraph 2 above, it
rirrapt a one or both of the following means of dispute settlement as
compulsory:
      (a) Arbitration in accordance with the procedure laid down in Part 1
of Annex II;
      (b)   Submission of the dispute to the International Court of Justice.
4.    If the parties to the dispute have not, in accordance with paragraph 3
above, accepted the same or any procedure, the dispute shall be submitted
to conciliation in accordance with Part 2 of Annex II unless the parties
otherwise agree.
                                                                        /...
 ---pagebreak---  5.    The provisions of this Article shall apply with respect to any
 protocol except as otherwise provided in the protocol concerned.
                           Article  28.    Adoption of   Protocols
 1.    The Contracting Parties shall cooperate in the formulation and
 adoption of protocols to this Convention.
 2.    Protocols shall be adopted at a meeting of the Conference of the
 Parties.
 3.    The text of any proposed protocol shall be communicated to the
 Contracting Parties by the Secretariat at least six months before such a
 meeting.
             Article     29.    Amendment of the Convention   or    Protocols
 1.    Amendments to this Convention may be proposed by any Contracting
 Party. Amendments to any protocol may be proposed by any Party to that
 protocol.
 2.    Amendments to this Convention shall be adopted at a meeting of the
 Conference of the Parties. Amendments to any protocol shall be adopted at
 a meeting of the Parties to the Protocol in question. The text of any
 proposed amendment to this Convention or to any protocol, except as may
 otherwise be provided in such protocol, shall be communicated to the
 Parties to the instrument in question by the secretariat at least six
 months before the meeting at which it is proposed for adoption. The
 secretariat shall also communicate proposed amendments to the signatories
 to this Convention for information.
 3.    The Parties shall make every effort to reach agreement on any proposed
 amendment to this Convention or to any protocolfc**consensus. If all
 efforts at consensus have been exhausted, and no greement reached, the
 amendment shall as a last resort be adopted by a two-third majority vote of
 the Parties to the instrument in question present and voting at the
 meeting, and shall be submitted by the Depositary to all Parties for
 ratification, acceptance or approval.
 4.   Ratification, acceptance or approval of amendments shall be notified
to the Depositary in writing. Amendments adopted in accordance with
paragraph 3 above shall enter into force among Parties having accepted them
on the ninetieth day after the deposit of instruments of ratification,
acceptance or approval by at least two thirds of the Contracting Parties to
this Convention or of the Parties to the protocol concerned, except as may
otherwise be provided in such protocol. Thereafter the amendments shall
enter into force for any other Party on the ninetieth day after that Party
deposits its instrument of ratification, acceptance or approval of the
amendments.
5.    For the purposes of this Article, "Parties present and voting" means
Parties present and casting an affirmative or negative vote.
                 Article     30.   Adoption  and Amendment of    Annexes
1.    The annexes to this Convention or to any protocol shall form an
integral part of the Convention or of such protocol, as the case may be,
and, unless expressly provided otherwise, a reference to this Convention or
its protocols constitutes at the same time a reference to any annexes
thereto. Such annexes shall be restricted to procedural, scientific,
technical and administrative matters.
 ---pagebreak---                                      -vr-
 2.    Except as may be otherwise provided in any protocol with respect to
 its annexes, the following procedure shall apply to the proposal, adoption
 and entry into force of additional annexes to this Convention or of annexes
 to any protocol:
        (a) Annexes to this Convention or to any protocol shall be proposed
 and adopted according to the procedure laid down in Article 29;
        (b) Any Party that is unable to approve an additional annex to this
 Convention or an annex to any protocol to which it is Party shall so notify
 the Depositary, in writing, within one year from the date of the
 communication of the adoption by the Depositary. The Depositary shall
 without delay notify all Parties of any such notification received. A
 Party may at any time withdraw a previous declaration of objection and the
 annexes shall thereupon enter into force for that Party subject* to
 subparagraph (c) below;
        (c) On the expiry of one year from the date of the communication of
 the adoption by the Depositary, the annex shall enter into force for all
 Parties to this Convention or to any protocol concerned which have not
 submitted a notification in accordance with the provisions of subparagraph
 (b) above.
 3.    The proposal, adoption and entry into force of amendments to annexes
 to this Convention or to any protocol shall be subject to the same
 procedure as for the proposal, adoption and entry into force of annexes to
 the Convention or annexes to any protocol.
 4.    If an additional annex or an amendment to an annex is related to an
 amendment to this Convention or to any protocol, the additional annex or
 amendment shall not enter into force until such time as the amendment to
 the Convention or to the protocol concerned enters into force.
                           Article 31.   Right to Vote
 1.    Except as provided for in paragraph 2 below, each Contracting Party to
 this Convention or to any protocol shall have one vote.
 2.    Regional economic integration organizations, in matters within their
competence, shall exercise their right to vote with a number of votes equal
to the number of their member States which are Contracting Parties to this
Convention or the relevant protocol. Such organizations shall not exercise
their right to vote if their member States exercise theirs, and vice versa.
      Article 32.  Relationship between this Convention and Its Protocols
1.     A State or a regional economic integration organization may not become
a Party to a protocol unless it is, or becomes at the same time, a
Contracting Party to this Convention.
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.
    t                        Article 33.   Signature
      This Convention shall be open for signature at Rio de Janeiro by all
States and any regional economic integration organization from 5 June 1992
until 14 June 1992, and at the United Nations Headquarters in New York from
15 June 1992 to 4 June 1993.
                                                                         /...
 ---pagebreak---                Article 34.  Ratification,       Acceptance   or Approval
 1.    This Convention and any protocol shall be subject to ratification,
 acceptance or approval by States and by regional economic integration
 organizations. Instruments of ratification, acceptance or approval shall
 be deposited with the Depositary.
 2.   Any organization referred to in paragraph 1 above which becomes a
 Contracting Party to this Convention or any protocol without any of its
 member States being a Contracting Party shall be bound by all the
 obligations under the Convention or the protocol, as the case may be. In
 the case of such organizations, one or more of whose member States is a
 Contracting Party to this Convention or relevant protocol, the organization
 and its member States shall decide on their respective responsibilities for
 the performance of their obligations under the Convention or protocol, as
 the case may be. In such cases, the organization and the member States
 shall not be entitled to exercise rights under the Convention or relevant
 protocol concurrently.
 3.    In their instruments of ratification, acceptance or approval, the
 organizations referred to in paragraph 1 above shall declare the extent of
 their competence with respect to the matters governed by the Convention or
 the relevant protocol. These organizations shall also inform the
 Depositary of any relevant modification in the extent of their competence.
                             Article    35.      Accession
 1.   This Convention and any protocol shall be open for accession by States
 and by regional economic integration organizations from the date on which
the Convention or the protocol concerned is closed for signature. The
 instruments of accession shall be deposited with the Depositary.
 2.    In their instruments of accession, the organ*nations referred to in
paragraph 1 above shall declare the extent of the:J competence with respect
to the matters governed by the Convention or the relevant protocol. These
organizations shall also inform the Depositary of any relevant modification
 in the extent of their competence.
 3.   The provisions of Article 34, paragraph 2, shall apply to regional
economic integration organizations which accede to this Convention or any
protocol•
                         Article 36.      Entry   Into   Force
1.    This Convention shall enter into force on the ninetieth day after the
date of deposit of the thirtieth instrument of ratification, acceptance,
approval or accession.
2.    Any protocol shall enter into force on the ninetieth day after the
date of deposit of the number of instruments of ratification, acceptance,
approval or accession, specified in that protocol, has been deposited.
3.    For each Contracting Party which ratifies, accepts or approves this
Convention or accedes thereto after the deposit of the thirtieth instrument
of ratification, acceptance, approval or accession, it shall enter into
force on the ninetieth day after the date of deposit by such Contracting
Party of its instrument of ratification, acceptance, approval or accession.
4.    Any protocol, except as otherwise provided in such protocol, shall
enter into force for a Contracting Party that ratifies, accepts or approves
that protocol or accedes thereto after its entry into force pursuant to
paragraph 2 above, on the ninetieth day after the date on which that
 ---pagebreak---                                            Vç
Contracting Party deposits its instrument of ratification, acceptance,
approval or accession, or on the date on which this Convention enters into
force for that Contracting Party, whichever shall be the later.
5.   For the purposes of paragraphs 1 and 2 above, any instrument deposited
by a regional economic integration organization shall not be counted as
additional to those deposited by member States of such organization.
                           Article 37.          Reservations
     No reservations may be made to this Convention.
                            Article 38.         Withdrawals
1.   At any time after two years from the date on which this Convention has
entered into force for a Contracting Party, that Contracting Party may
withdraw from the Convention by giving written notification to the
Depositary.
2.   Any such withdrawal shall take place upon expiry of one year after the
date of its receipt by the Depositary, or on such later date as may be
specified in the notification of the withdrawal.
3.   Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any protocol to which it is party.
                  Article 39. Financial       Interim    Arrangements
     Provided that it has been fully restructured in accordance with the
requirements of Article 21, the Global Environment Facility of the United
Nations Development Programme, the United Nations Environment Programme and
the International Bank for Reconstruction and Development shall be the
institutional structure referred to in Article 21 on an interim basis, for
the period between the entry into force of this Convention and the first
meeting of the Conference of the Parties or until the Conference of the
Parties decides which institutional structure will be designated in
accordance with Article 21.
                Article 40.    Secretariat      Interim   Arrangements
     The secretariat to be provided by the Executive Director of the
United Nations Environment Programme shall be the secretariat referred to
in Article 24, paragraph 2, on an interim basis for the period between the
entry into force of this Convention and the first meeting of the Conference
of the Parties.
                            Article     41.      Depositary
     The Secretary-General of the United Nations shall assume the functions
of Depositary of this Convention and any protocols.
                         Article    42.     Authentic    Texts
     The original of this Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
                                                                       A
 ---pagebreak---                                      2
                                       8 "
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect,
have signed this Convention.
Done at Rio de Janeiro on this fifth day of June, one thousand nine hundred
and ninety-two.
                                                                      /...
 ---pagebreak---                                    - 25-
                                  Annex X
                       IDENTIFICATION AND MONITORING
1.   Ecosystems and habitats: containing high diversity, large numbers of
endemic or threatened species, or wilderness; required by migratory
species; of social, economic, cultural or scientific importance; or,
which are representative, unique or associated with key evolutionary or
other biological processes;
2.   Species and communities which are: threatened; wild relatives of
domesticated or cultivated species; of medicinal, agricultural or other
economic value; or social, scientific or cultural importance; or
importance for research into the conservation and sustainable use of
biological diversity, such as indicator species; and
3.   Described genomes and genes of social, scientific or economic
importance.
                                                                      /...
 ---pagebreak---                                      -3e»
                                    Annex II
                                     Part 1
                                  ARBITRATION
                                   Article  1
      The claimant party shall notify the secretariat that the parties are
referring a dispute to arbitration pursuant to Article 27. The
notification shall state the subject-matter of arbitration and include, in
particular, the articles of the Convention or the protocol, the
 interpretation or application of which are at issue. If the parties do not
agree on the subject matter of the dispute before the President of the
 tribunal is designated, the arbitral tribunal shall determine the subject
matter. The secretariat shall forward the information thus received to all
 Contracting Parties to this Convention or to the protocol concerned.
                                   Article 2
 1.    In disputes between two parties, the arbitral tribunal shall consist
 of three members. Each of the parties to the dispute shall appoint an
 arbitrator and the two arbitrators so appointed shall designate by common
 agreement the third arbitrator who shall be the President of the tribunal.
 The latter shall not be a national of one of the parties to the dispute,
 nor have his or her usual place of residence in the territory of one of
 these parties, nor be employed by any of them, nor have dealt with the case
 in any other capacity.
 2.    In disputes between more than two parties, parties in the same
 interest shall appoint one arbitrator jointly by agreement.
 3.   Any vacancy shall be filled in the manner prescribed for the initial
 appointment.
                                   Article  3
 1.    If the President of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of a party,
designate the President within a further two-month period.
2.    If one of the parties to the dispute does not appoint an arbitrator
within two months of receipt of the request, the other party may inform the
Secretary-General who shall make the designation within a further two-month
period.
                                   Article  4
      The arbitral tribunal shall render its decisions in accordance with
the provisions of this Convention, any protocols concerned, and
international law.
                                   Article  5
      Unless the parties to the dispute otherwise agree, the arbitral
tribunal shall determine its own rules of procedure.
                                   Article 6
      The arbitral tribunal may, at the request of one of the parties,
recommend essential interim measures of protection.
                                                                         /...
 ---pagebreak---                                       -34.
                                   Article  7
      The parties to the dispute shall facilitate the work of the arbitral
tribunal and, in particular, using all means at their disposal, shall:
       (a) Provide it with all relevant documents, information and
 facilities; and
       (b) Enable it, when necessary, to call witnesses or experts and
receive their evidence.
                                   Article 8
      The parties and the arbitrators are under an obligation to protect the
confidentiality of any information they receive in confidence during the
proceedings of the arbitral tribunal.
                                 • Article 9
      Unless the arbitral tribunal determines otherwise because of the
particular circumstances of the case, the costs of the tribunal shall be
borne by the parties to the dispute in equal shares. The tribunal shall
keep a record of all its costs, and shall furnish a final statement thereof
to the parties.
                                  Article  10
      Any Contracting Party that has an interest of a legal nature in the
 subject-matter of the dispute which may be affected by the decision in the
case, may intervene in the proceedings with the consent of the tribunal.
                                  Article  11
      The tribunal may hear and determine counterclaims arising directly out
of the subject-matter of the dispute.
                                  Article 12
      Decisions both on procedure and substance of the arbitral tribunal
shall be taken by a majority vote of its members.
                                  Article 13
      If one of the parties to the dispute does not appear before the
arbitral tribunal or fails to defend its case, the other party may request
the tribunal to continue the proceedings and to make its award. Absence of
a party or a failure of a party to defend its case shall not constitute a
bar to the proceedings. Before rendering its final decision, the arbitral
tribunal must satisfy itself that the claim is well founded in fact and
law.
                                  Article  14
      The tribunal shall render its final decision within five months of the
date on which it is fully constituted unless it finds it necessary to
extend the time-limit for a period which should not exceed five more
months.
                                  Article  15
      The final decision of the arbitral tribunal shall be confined to the
subject-matter of the dispute and shall state the reasons on which it is
 ---pagebreak---                                         29b
 based. It shall contain the names of the members who have participated and
 the date of the final decision. Any member of the tribunal may attach a
 separate or dissenting opinion to the final decision.
                                   Article 16
       The award shall be binding on the parties to the dispute. It shall be
 without appeal unless the parties to the dispute have agreed in advance to
 an appellate procedure.
                                   Article  17
       Any controversy which may arise between the parties to the dispute as
 regards the interpretation or manner of implementation of the final
 decision may be submitted by either party for decision to the arbitral
 tribunal which rendered it.
                                     Part 2
                                  CONCILIATION
                                   Article  1
       A conciliation commission shall be created upon the request of one of
 the parties to the dispute. The commission shall, unless the parties
 otherwise agree, be composed of five members, two appointed by each Party
 concerned and a President chosen jointly by those members.
                                   Article  2
       In disputes between more than two parties, parties in the same
 interest shall appoint their members of the commission jointly by
 agreement. Where two or more parties have separate interests or there is a
 disagreement as to whether they are of the same interest, they shall
 appoint their members separately.
                                   Article  3
       If any appointments by the parties are not made within two months of
the date of the request to create a conciliation commission, the Secretary-
General of the United Nations shall, if asked to do so by the party that
made the request, make those appointments within a further two-month
period.
                                   Article 4
      If a President of the conciliation commission has not been chosen
within two months of the last of the members of the commission being
appointed, the Secretary-General of the United Nations shall, if asked to
do so by » party, designate a President within a further two-month period.
                                   Article  5
      The conciliation commission shall take its decisions by majority vote
of its members. It shall, unless the parties to the dispute otherwise
agree, determine its own procedure. It shall render a proposal for
resolution of the dispute, which the parties shall consider in good faith.
                                   Article  6
      A disagreement as to whether the conciliation commission has
competence shall be decided by the commission.
 ---pagebreak---                                      -33
                                   ANNEX 1
Declaration by the European Economic Community according to the provisions
of Article 34f3ï of the Convention on biological diversity.
 in accordance with the relevant provisions of the EEC Treaty as modified by
the Single European Act [and the Treaty of the European Union], the
community has competence to take actions aiming at the conservation of
biological diversity including the competence to enter into international
agreements. This competence is exclusive in the area of trade. In the
areas covered by the community legislation enumerated hereafter, Community
competence Is either exclusive or shared with Member states.
in the future the Community may well take further responsibliities by
adopting more specific legislation regarding biological diversity.
 ---pagebreak---                                       -m-
                   LIST OF COtlJUNITY LEGISLATION AND ACTIONS
 A.  ENVIRONMENT
 Nature conservation
 1.  Council Decision 82/72/EEC of 3 December 1981 concerning the conclusion
     of the Convention on the conservation of European wildlife and natural
     habitats. (O.J. L 38, 10.02.82.)
 2.  Council Decision 82/461 /EEC of 24 June 1982 on the conclusion of the
     Convention on the conservation of migratory species of wild animals.
      (O.J. L 210, 19.07.82.)
 3.  Council Directive 83/129/EEC of 28 March 1983 concerning the
      importation into Member States of skins of certain seal pups and
     products derived therefrom. O.J. L 91, 09.04.83.
 4.  Council Regulation EEC/3626/82 of 3 December 1982 (O.J. L 384,
     31.12.82), as amended by Council Regulation 85/1831/EEC of 27 June 1985
     (O.J. L 173 of 03.07.85) on the implementation in the Community of the
     Convention on International Trade In Endangered Species of wild fauna
     and flora.
5.   Commission Regulation EEC/2496/89 of 2 August 1989 on a prohibition on
      Importing raw and worked Ivory derived from the African elephant into
     the Community. (O.J. L 240, 17.08.82.)
6.   Commission Directive 79/409/EEC of 2 April 1979 (O.J. L 103. 25.04.79),
     as amended by Commission Directive 91/224/EEC of 6 March 1991 (O.J.
     L 115 of 08.05.91) on the conservation of wild birds.
7.   Council Directive 92/43/EEC of 21 May 1992 on the conservation of
     natural habitats and of wild fauna and flora. (O.J. L 206 of 22.07.92).
Environmental Impact Assessment
8.  Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
    effects of certain public and private projects on the environment.
     (O.J. L 175 Of 05.07.85).
Forpsts
9.  Council Regulation EEC/3528/86 of 17 November 1986 (O.J. L 326,
    21.11.86) on the protection of the Community's forests against
    atmospheric pollution, amended by Council Regulation EEC/2157/92 of 23
    July 1992. O.J. L 217. 31.07.92.
 ---pagebreak---                                       -35"-
  10. council Regulation EEC/2158/92 of 23 July 1992 on the protection of the
       community's forests against fire. (O.J. L 217 of 31.07.92).
  11. Council Regulation EEC/2078/92 Of 30 June 1992 (O.J. L 215 Of 30.07.92)
       on agricultural production methods compatible with the requirements of
       the protection of the environment and the maintenance of the
       countryside.
 Marine resources
 12. Council Directive 78/659/EEC of 18 July 1978 on the duality of fresh
      waters needing protection or improvement in order to support fish life.
      (O.J. L 222, 14.08.78.)
 13. Council Regulation EEC/348/81 of 20 January 1981 on common rules for
       imports of whales or other cetacean products. O.J. L 39, 12.02.81.
 14. Council Decision 81/691/EEC of 4 September 1981 on the conclusion of
      the Convention on the conservation of Antarctic marine living
      resources. (O.J. L 252, 05.09.81).
 15. Council Regulation EEC/170/83 of 25 January 1983 (O.J. L 24 of
      27.01.83) establishing a Community system for the conservation and
     management of fishery resources.
B.   BIOSAFETY
16. Council Directive 90/219/EEC of 23 April 1990 on the contained use of
     genetically modified micro-organisms. O.J. L 117, 08.05.90,
17. Council Directive 90/220/EEC of 23 April 1990 on the deiiDerate release
      into the environment of genetically modified organisms. o.J. L 117,
     08.05.90.
C,   INTELLECTUAL PROPERTY
   18.    Proposal for a Council Directive on the legal protection of
          biotechnological inventions (COM (88) 496 f).
          (O.J. C 10, 13.01.89).
   19,    Proposal for a Council Regulation on Community plant variety rights
          (COM(90)347) (0.J, C244, 28.09.90, p.l).
          To Insert according to the adoption of the Act by council.
 ---pagebreak---                                         -J*-
 D.   FINANCIAL MECHANISMS
 20. Council Regulation EEC/1973/92 of 21 May 1992 establishing a financial
      instrument for the environment (LIFE). (O.J. L 206 of 22.07.92).
 21. Recommendation for a Council Decision SEC (92) 694 of 5 May 1992,
      concerning the EC's participation in the Global Environment Facility
      (GEF).
22. council Regulation EEC/443/92 of 26,02.92 on financial and technical
     assistance to, and economic cooperation with, the developing countries
      in Asia and Latin America.
23. Council Regulation EEC/1762/92 of 26.06.92 concerning the application
     of protocols related to technical and financial cooperation between the
     Community and Mediterranean non-member countries.
24. council Regulation EEC/1763/92 of 29-06.92 concerning financial
     cooperation In respect of all Mediterranean non-member countries.
25. Decision of the Council and the Commission of 25 February 1991 on the
     conclusion of the 4th A C P - E E C Convention. Decision 91/400/ECSC, EEC
     (O.J. L 229, 07.08.91).
     INFORMATION. MONITORING AND RESEARCH
26. Council Regulation EEC/1615/89 of 29 May 1989 establishing a European
     Forestry information and Communication System (Efics). (O.J. L 165/12
     of 15.06.89).
27. council Regulation EEC/1210/90 of 7 May 1990 on the establishment of
     the European Environment Agency and            the European environment
     information and observation network. (O.J. L 120 of 11.05-90).
F. DEVELOPMENT COOPERATION
28, council Decision 91/400/EEC of 25 February 1991 concerning the
     conclusion of the Fourth ACP-EEC Convention (O.J. L 229, 17.08.91).
29. Council Decision 91/366/EEC of 7 June 1991 adopting a specific research
     and technological development programme in the field of the life
     sciences and technologies for developing countries (1990-94). (O.J.
     L 196, 19.07.91).
 ---pagebreak---                                      *f
                                  ANNEX 111
                      Draft Interpretative Declaration
                   (on the occasion of the ratification of
                       the convention on Biodiversity)
The European Community and its member states wish to reaffirm the
 importance they attach to transfers of technology and to biotechnology in
order to ensure the conservation and sustainable use of biological
diversity.
For the European Community and its member States» transfers of technology
and access to biotechnology, as defined in the text of the Convention on
Biological Diversity, can only be carried out in compliance with the
principles and rules of protection of intellectual property, in particular
multilateral and bilateral agreements signed or negotiated by the
contracting parties to this Convention.
The compliance with intellectual property rights constitutes an essential
pre-condition for the implementation of policies for technology transfer
and co-investment, without prejudice to their respective competences in
the field of Intellectual property rights, the European Community and its
member States shall encourage the use of the financial mechanisms
established by the Convention to facilitate the transfer of intellectual
property rights held by European operators, in particular as regards the
granting of licenses, while ensuring adequate and effective protection of
property rights.
 ---pagebreak---  ---pagebreak---                                             38
                                                                     ISSN 0254-1475
                                                              COM(92) 509 final
                                                      DOCUMENTS
EN                                                                              14
                                 Catalogue number : CB-CO-92-531-EN-C
                                                             ISBN 92-77-50097-2
Office for Official Publications of the European Communities
L-2985 Luxembourg