CELEX: 51992PC0186
Language: fr
Date: 1992-05-26
Title: Proposition de DECISION DU CONSEIL CONCERNANT LA SIGNATURE D' UNE CONVENTION SUR LA CONSERVATION DE LA DIVERSITE BIOLOGIQUE

COMMISSION DES COMMUNAUTES EUROPEENNES
                                    C0M(92) 186 final
                                    Bruxelles, le 26 mai 1992
                         Proposition de
                      PENSION PU CONSEIL
           CONCERNANT LA SIGNATURE D'UNE CONVENTION
        SUR LA CONSERVATION DE LA DIVERSITE BIOLOGIQUE
                 (présentée par la Commission)
 ---pagebreak---                              EXPOSE DES MOTIFS
 Concerne ;      SIGNATURE DE LA CONVENTION SUR    LA CONSERVATION  DE LA
                 DIVERSITE BIOLOGIQUE.
 1.    Le 29/07/1991, le Conseil a autorisé la Commission à participer au
       nom de la Communauté aux négociations relatives à une Convention
       sur la conservation de la diversité biologique dans le cadre du
       Programme    des   Nations    Unies  pour   l'Environnement^1). La
      Commission a participé i ces négociations conformément au mandat de
      négociation qui lui a été confié par le Conseil.
2.    L'origine de ce projet de Convention et           les raisons qui
      sous-tendent la participation de la Communauté ont été précisées
      dans l'exposé dés motifs de la Communication de la Commission
      concernant la négociation d'une Convention sur la conservation de
       la diversité biologique^).
3.    Depuis l'adoption des conclusions du Conseil»         le projet de
      Convention a été examiné au cours de 4 sessions du Comité de
      Négociation Intergouvernemental chargé de la négociation d'une
      Convention sur la conservation de la diversité biologique qui ont
      eu lieu respectivement à Madrid du 24 juin au 3 juillet 1991, à
      Nairobi du 23 septembre au 2 octobre 1991. à Genève du 25 novembre
      au 4 décembre 1991 et à Nairobi du 6 au 15 février 1992.
4.    A ce stade, il n'est pas possible de présenter au Conseil le texte
      définitif de la Convention, étant donné que le projet doit encore
      être examiné au cours d'une dernière session qui aura lieu à
      Nairobi du 11 au 18 mai 1992. Une Conférence Diplomatique aura
       lieu immédiatement après, les 19 et 20 mai 1992, la signature de
      l'Acte Final étant prévue à Nairobi, te 21 mai 1992. La Convention
      sera ensuite signée en juin 1992 à Rio, au cours de la Conférence
      des Nations Unies sur l'Environnement et le Développement.
5.    Certaines améliorations du texte doivent être recherchées par la
      Communauté, il conviendra en particulier que la Communauté fasse
      modifier certaines dispositions du projet de convention qui
      auraient des incidences importantes en ce qui concerne la
      protection de la propriété intellectuelle. Ces modifications
      feront l'objet d'une coordination sur place.
6.    Pour autant que le résultat de la négociation soit acceptable par
      la Communauté, la Commission considère qu'il est de l'intérêt de la
      Communauté de se préparer à signer la Convention en juin 1992 au
      cours de la Conférence des Nations Unies sur l'Environnement et le
      Développement.
7.    Sous cette réserve, la Commission demande donc au Conseil
      d'autoriser le Président à désigner les personnes habilitées à
      signer la Convention mentionnée ci-dessus au nom de la Communauté
      et de leur conférer les compétences nécessaires pour signer la
      Convention au nom de la Communauté.
  (i)
  (2) SEC (91) 936 final
                                                                          î
 ---pagebreak---                                 PROPOSITION DE DECISION DU CONSEIL
                             CONCERNANT LA SIGNATURE D'UNE CONVENTION
                          SUR LA CONSERVATION DE LA DIVERSITE BIOLOGIQUE
 LE CONSEIL DES COMMUNAUTES EUROPEENNES,
 vu le Traité instituant la Communauté économique européenne,
 vu la proposition de la Commission,
considérant que la Commission a participé au nom de la Communauté au Comité de négociation
 intergouvememental en vue de préparer, dans le cadre du Programme des Nations Unies pour
 l'Environnement, une Convention sur la conservation de la diversité biologique;
considérant que la Communauté devra encore rechercher des améliorations des dispositions,
notamment, en ce qui concerne la propriété intellectuelle;
considérant qu'il est prévu dans le projet de Convention que celle-ci sera signée par des
Etats et des Organisations d'Intégration Economique Régionales, ce qui permet a la Communauté
de la signer;
considérant que le projet de texte de cette Convention sera soumis aux plénipotentiaires pour
signature   au   cours  de   la  Conférence  des   Nations  Unies  sur   l'Environnement et le
Développement, qui sera organisée à Rio (Brésil) du 3 au 14 juin 1992;
considérant qu'il importe de prévoir que la Communauté puisse, le cas échéant, être en mesure
de signer la convention sans préjudice de sa conclusion.
DECIDE
        Le Président du Conseil est autorisé par      la présente décision à désigner, le cas
        échéant, les personnes habilitées à signer, sous réserve d'approbation ultérieure, la
        convention sur la conservation de la diversité biologique au nom de la Communauté   et
        à conférer aux personnes qu'il désigne les compétences nécessaires à cet effet.
Fait à Bruxelles, le                  par le Conaeil
                                        Le Président
 ---pagebreak--- *<Z¥Zxi                                       /***-
                                                           Distr.
•$£$'       United Nations t & *                           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.
                                                   GENERAL
     United Nations ^ U ^                          UNEP/Bio.Div/N7-INC   5/2
                                                   20
       Environment                                     *>*>™«y»«
                                                   ORIGINAL:  ENGLISR
        Programme
INTERGOVERNMBNTAL 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 BIOLOGICAL DIVERSITY
                               Explanatory  note
1.    The fifth revised draft Convention on Biological Diversity contains
articles revised by Working Groupe I and II of the Intergovernmental
Negotiating Committee (INC) for a Convention on Biological Diversity at the
third negotiating session/f irst 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 (Geneva, 25 Noveaber - 4 December 1991)
and the sixth negotiating session/fourth session of INC (Nairobi,
6-15 February 1992).
2.    The preamble and Article 1 (Objectives) were not revised at the sixth
negotiating session/fourth session of INC. They remain unchanged.
3.    At the sixth negotiating session/fourth session of INC, Working Groupe
I and II established open-ended sub-working groupa on définitions and use
of terme on the basle of the Bureau's proposed distribution of définitions
between the Working Groupe. The sub-working group of WG.II submitted a
proposed text for définitions and WG.II recommended its inclusion in
Article 2 of the fifth revised draft Convention with a footnote stating
that the new définitions had been formulated by a sub-working group of
WG.II and had not been discussed by the Group itself. Thèse terme appear
in Article 2 marked with an asterisk ( * ). The terme contained in
Appendix I were prepared by a sub-working group of WG.I but were not
coneidered by WG.I. WG.I recommended that they should be appended to the
fifth revised draft Convention.
4.    Article 3 (Fundamental Principles) was placed in square brackets
and its former paragraph 11 was placed in square brackets and moved to
Article 14. Article 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 Article 14 as well. Alternative proposais in
the form of éléments for reformulation of Articles 3 and 4 are contained in
Appendix II.
5.    Article 14 bia of the fourth revised draft convention was deleted
since its substance had been transmitted to WG.I and incorporated to
strengthen Article 7 (j), with some éléments 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 Article 17. Article 17 bia,
paragraphe 4 and 5 of the fourth revised draft convention were reformulated
and paragraph 6 was deleted as concerne expressed therein were adequately
covered by the reformulated text. The Article appeare as Article 20 in the
fifth revised draft convention.
6.    A gênerai 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 session/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 décision was made on Article 23. The revised text of Article 23 is
reproduced together with the previous version, both are in square brackets.
Article 26 was not discussed in substance and is reproduced as prepared by
the Lawyers' Drafting Group. The previous version of Article 30 is
reproduced with an additional alternative.
8.    During the sixth negotiating session/fourth session of INC a légal
drafting group was established with a mandate to give a légal review of
Articles 31-43. The recommendations of the group, which were adopted by
the Plenary, are reflected in paragraph 4 of Article 32 (Amendaient of the
Convention or Protocols) and sub-paragraphs (b) and (c) of Article 33
(Adoption and Amendaient of Annexes).
9.    At the sixth negotiating session/fourth session of INC a number of
articles, paragraphe and sub-paragraphs were deleted, moved or réarrangea.
The articles and paragraphs hâve been renumbered to read sequentially.
10. The draft includea appropriate footnotes resuiting from the
délibérations of the sixth negotiating session/fourth session of INC. Ail
relevant footnotes resuiting from the previous sessions of the INC are
retained in the text.
                                                                  /•
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                                                    Page 3
                                   Preamble *
     The Contracting Parties,
     Recognizing   that humanity shares the earth with other forme of life
and accepting that thèse should exist independently of their benefits for
humanity;
     Affirming   that the conservation of biological diversity is a common
concern of ail peoples;
     Conacioua of the ever growing environmental, ecological, genêtic,
scientific, aesthetic, recreational, culturel, educational, social and
économie values of biological diversity and ite components;
     Recognizing   the close and traditional dependence of many local
communities and indigenous populations on biological resources, their
continuing interest in their conservation, and the need to reward their
knowledge and innovations aeeociated with the conservation and wise use of
biological diversity and its components;
     Noting that biological diversity is being seriously reduced and that
some epecies are threatened with extinction;
     Accepting   that the threate to thèse irreplaceable resources include
dégradation of the environment from habitat destruction and pollution,
human population growth, unsuetainable exploitation of some speciee, and
the unlawful taking of flora and fauna;
     Noting the détérioration in quality of life caused by unwise use of
biological resources;
     Streaaing   that in exercising their sovereign rights over their
biological resources States hâve a responsibility to use and develop them
in a sustainable manner and to conserve biological diversity;
     Streaaing   the importance of and need to promote coopération among
States and international governmental and non-governmental organizations in
a coordinated and comprehensive régional and global approach for the
conservation of biological diversity and sustainable use and development of
its components in areae both under and beyond national jurisdiction and
control;
     Avare that the conservation of naturel habitats and the maintenance of
viable populations of species in natural surroundings are vital components
of the in-aitu   and ex-aitu conservation of biological resources;
     Recognizing   to this end the need to set acide areas of natural habitat
for the conservation of biological diversity and to pursue sustainable
development outside thèse areas through planning and management which
conserves 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 coneidered with the Preamble.
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 4
      Avare that the conservation of biological diversity also requires
 spécial meaeuree independent of natural surroundings [which are also
vitalJ;
         Aware 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 spécial provision is required to meet the needs of
developing countries, including the provision of additional financial
resources and accees to relevant technologies, bearing in mind that the
funds can be expected to make a substantiel différence in the world's
ability to address the lose of biodiversity;
      Accepting that the developed countries and large industriel
enterprises, including transnational corporations, hâve benefitted from
their significant rôle in the development and use of biological resources;
      Conaidering that thèse countries and enterprises can help avoid
additional costs 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 organisations and non-
governmental organisations to promote the conservation of biological
diversity and the wise use and development of its components;
      Noting that action by States and international organisations directly
and jointly to conserve biological diversity and to use and develop its
components in a sustainable manner will strengthen coopérative and friendly
relations among States, and contribute to peace and security for ail
peoples; and
      Agreeing that existing international arrangements dealing with
biological resources do not cover, in spite of the progress achieved, ail
aspects of biological diversity, the sources of threats to it and the wise
use and development of biological resources.
      Hâve agreed as followe:
                            Article 1.     Objectivée
      [The objective of this Convention is to conserve the maximum possible
biological diversity for the benefit of présent and future générations and
for its intrinsic value, [and to provide for the fair and équitable sharing
of the benefits 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 adéquate, new and
additional funding to the developing countries] [by taking account of the
need to share costs and benefits between developed and developing
countries,] and by [securing] [providing] économie and légal conditions
favourable for the transfer of technology (to them on preferential and non-
commercial terme] neceeeary to accomplieh this objective.]
                                                                   /.
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                                                      Page 5
                                                                      2
          Article  2. Uae of Terms for the Purpose 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
sy8terns, 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-situ 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-8itu    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.
      2
             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, organisais, populations) outside their natural
 surroundings.*
 GENETIC MATERIAL means any material of plant, animal, microbial or other
 origin containing functional units of heredity.*
GENETICALLY MODIFIED ORGANISMS means organisais in which the genetic
material has been altered in a way that does not occur naturally by mating,
 recombination, or natural sélection.*
GENETIC RESOURCES means genetic material of actual or potentiel value.*
 "HABITAT" means the place or type of site where an organisai or population
 naturally occurs.
 "INDIGENOUS POPULATIONS": it is advised that the word "populations" be
 substituted 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 natural range.
 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 species, in
the surroundings where they hâve developed their distinctive properties.*
"NONTERRESTRIAL SPECIES" means organisais 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 spécifie 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 term décline.
"SPECIES THREATENED WITH EXTINCTION":    see threatened species.
"TERRESTRIAL SPECIES" means organisais relying on the land for a
significancant aspect of their life cycle.
"THREATENED SPECIES" means species that are either endangered or
vulnérable.
"UTILIZATION/USE OF BIOLOGICAL DIVERSITY":    see rat ion al 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 completion of life
cycles and unimpeded migrations and gène flows.]
                                                                     /...
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                                                      Page 7
                                                           4
                     [Article   3, Fundamental Principles
      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, fix-situ 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. 3
8.   The benefits of research and development derived from biomaterial
taken from developing countries are to be made available to those
developing countries. 5
     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
 juriediction ehall ehare in benefite from sthe reeearch and the development
which make uee of that genetic material.] ,6
9.     Technology related to coneervation of biological divereity and the
suetainable use and development of its components is to be transferred to
developing countries on a préférentiel and non-commercial basis. 5
10. Technology related to conservation of biological diversity and the
suetainable 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. s
11. Countries are to gain directly from ail the contributions that
biological resources within their juriediction or control make to
environment protection, économie development and better 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 contribute to
the wise and suetainable 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
multilatéral fund to be established under this Convention.
14. Access to genetic material and substances and products derived from
them or to technology related or contributing to the conservation of
biological diversity which are within the juriediction or control of a
State is to be [open] [on the basis of mutuel agreements].
[14. Access to genetic material [and substances and products 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 mutuel agreements]. 7
15. The application of biotechnology may involve risks and requires
regulatory approachee involving safeguards for health and the environment.
16. Patent Systems may hâve unwanted eocio-economic effects for developing
countries and small farmers.
      5
            Paragraphe 7-10 were transferred by WG.I to WG.II for
considération.
      6
            Provisional formulation to replace Article 3, paragraphe 8 and
12.
      7
            Provisional formulation to replace Article 3, paragraph 14 with
the text in the tiret eet 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.]] 9
                                                        10
                      [Article 4.  General Obligations
1.    (Each Contracting Party] [The Contracting Parties] shall take (in
accordance with (the means at [their] [its] disposai [,] [and]] [its]
[their] capabilities] [and [its] [their] national plans, programmes and
priorities), [ail] [possible] (appropriate) measùres (in accordance with
the provisions of this Convention] [to ensure] [consistent with] the
conservation of [the maximum possible] biological diversity and the
sustainable use [and the development] of its components within [the area
under) [its] [their] national jurisdiction [or control].
      [They shall ensure that activities 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 [measùres of ] conservation of biological
diversity and the sustainable use [and the development] of its components
are (as far as possible appropriately integrated into national plans and
policies.] [Treated as an intégral part of national (development] plans
and are taken duly into account in ail relevant sectoral policies and
législation.]]
      [The Contracting Parties shall cooperate on a global bas le and, as
appropriate, on a régional basis, directly or through appropriate
international organisations 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 organisations as they may deem appropriate in
coordinating their activities and in supporting and assisting each other in
fulfilling their obligations under the présent Convention [related to
biological diversity and] [biotechnology] [relevant aspects of
biotechnology]. [including health, food and industriel processes].
2.    [To thèse ends, the Contracting Parties shall in accordance with the
means at their disposai and their capabilities:]
      (a) Cooperate in the development of agreed measùres, procédures,
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, paragraphe
15, 16 and 17 should be relocated in the Preamble since they are statements
of fact.
     9
           Provisional formulation to replace Article 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 Article.
                                                                    /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 10
      (b) Foster favourable économie and légal conditions for the
sustainable use and development of biological diversity and ite components;
      (c) Ensure measures are taken to conserve natural habitats and viable
populations of species in natural surroundings;
      (d) Provide, establish and implement procédures for assessing the
 impact on biological diversity of proposed policies, programmée and
projecte where euch an impact may be significant;
      (e) Provide individually, or in coopération with other States and
international organisations, [new and additional] financial resources and
other forma of coopération for programmes which support implementation of
the provisions of this* Convention, taking into considération the spécial
situations and needs of developing countries [.] [and lose 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 organisations;
      (g) Promote public awareness of the need to conserve biological
diversity and the wise use and development of its components through
éducation and the dissémination of gênerai information;
      (h) Facilitate the exchange of information among themselves and with
international organisâtione;
      [(i) Taking into coneideration the spécial needs of developing
countries, cooperate with the aira of eneuring the capacity of developing
countries to implement the provisions of the présent Convention through
national institutions and législation.]]
            The text below contained in double aquare bracketa ia
              an alternative in lieu of the whole of Article  4.
      [[Each Contracting Party shall, [in accordance with the means at its
disposai and its national plans, 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 limits of
national jurisdiction];
      (b) That activities under its jurisdiction or control do not cause
damage to the biological diversity in areas within the limits of the
national jurisdiction of other States or beyond the limits of national
jurisdiction; and
      (c) Through international including régional coopération, 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
                           [Article ....      Coopération
       The Contracting Parties shall co-operate directly or through
international organizations, where appropriate, in coordinating their
activities in supporting and assisting each other in fulfilling their
obligations under this Convention, particularly taking into considération
the needs of developing countries.]]
                     Article 5. Implementation    Meaaurea      "
1.    Each Contracting Party shall, in accordance with the particular
conditions and capabilities in each country:
       (a) Develop national stratégies, plans or programmes for the
conservation and sustainable use of biological diversity or adapt for this
purpo8e existing stratégies, 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 divers ity 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 présent Convention.] u
                   Article 6.  Identification   and     Honitoring
      Each Contracting Party shall, as far as possible and as appropriate in
particular for the purposes of Articles 7 to 10:
       (a) Identify components 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 components 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;
       (c) Identify processes and activities with respect to which it
exercises sovereignty, sovereign rights or jurisdiction which hâve or are
likely to hâve 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 organise by any mechanism data derived frora
identification and monitoring activities pursuant to paragraphs (a), (b)
and (c) of this Article;
      11
            One délégation proposed the new title of Article 5 to read
"General Conservation Measures". It was agreed that further considération
should be given to the title of this Article.
      12
            Agreement on the content and location of this paragraph was
delayed pending discussion of Article 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 organisations, (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;] I4
       (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];] w
       (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
      u
           • 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.
 ---pagebreak---                                                      UNEP/Bio.Div/N7-INC.5/2
                                                      Page 13
diversity and the sustainable use of its components (taking into account
the circumstances of countries with économies in transition] [taking into
account the needs of developing countries]; w
      (j) Subject to its national législation 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 utilisation
of such knowledge, innovations and practices;
      [(k) Develop or maintain necessary législation 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 hâve or are
likely to hâve 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 complémenting 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-situ],
      ((To complément in-situ measures] (; where providing adéquate in-m±tu
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, animais 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 naturel habitats under
appropriate conditions;
     (d) Regulate [manage or control] collection of biological resources
from naturel habitats for ex-situ conservation purposes so as not to
threaten écosystème 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 référence to national législation at the beginning of the
text was made to accommodate the specif icity of the légal System of one
State.
                                                                    /...
 ---pagebreak--- UNEP/Bio.Div/N7-INC.5/2
Page 14
      ((e) Financial and other assistance to facilitate the establishment
and maintenance of ex-aitu     conservation facilities in developing
countries.] u
                                      [Article   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 adéquate,
new and additional financial resources covering on a grant basis the entire
cost to them for fulfilling their obligations under those articles.]
     Article 10. Suatainable      Oae of Componenta of Biological   Diveraity
     Each Contracting Party shall, as far as possible and as appropriate:
      (a) Integrate considération of the conservation and sustainable use
of biological resources into national décision making;
      (b) Adopt measures relating to the use of biological resources to
avoid or minimise adverse impacts on biological diversity;
      (c) Protect and encourage customary use of biological resources in
accordance with traditional culturel practices that are compatible with
sustainable use requirements;
      (d) Support local populations to develop and implement remédiai
action in degraded areas where biological diversity has been reduced;
      (e) Encourage coopération between governmental authorities and
private sector in developing méthode for sustainable use of biological
resources.
                        [Article   11.   Incentive Measures
1.   Each Contracting Party shall, as far as possible and as appropriate,
[consider] [take] effective économie and social incentive measures [as
indicated in Annex .... ] to encourage the conservation and sustainable use
of biological diversity.
[2.  In determining such measures, each Contracting Party shall take into
account, inter    aliaz
      (a) Economie and social polieies which act as incentives to conserve
biodiversity;
      (b)   The effect of:
            (i)  Institutional arrangements;
           (ii)  Systems of rights to use biological resources;
          (iii)  International trade policies;     and
     18
            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 complétée ite 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 Conférence of the Parties shall establish at its first meeting a
group of experts to develop guidelines for determining the value
 [ecological, économie, aesthetic and culturel] of biological diversity.
 (National plans prepared in accordance with Article 5 may, where
appropriate, contain case studios of the value of biological diversity.]]]
                        Article 12.    Reaearch and  Training
       The Contracting Parties taking into account the spécial needs of
developing countries shall:
       (a) Establish and maintain programmes for scientific and technical
éducation and training in measures for the identification, conservation and
sustainable use of biological diversity and its components and provide
support for such éducation and training for the spécifie 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 décisions of the
Conférence of the Parties taken in conséquence of recommendations of the
Scientific Committee] [inter allai
            (i)  Increased knowledge of the components of biological
                 diversity and their rôle in the functioning of écosystème;
           (ii)  Increased knowledge of the impact of naturel and human
                 factors affecting the conservation of biological diversity,
                 including social studies;
          (iii) 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   économie and social values of biological
                 resources;] 19
       (c) 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. "
                  Article   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 média, and the inclusion of thèse topics in
educational programmes;
      19
            Some délégations considered that, if there were to be a liât, it
should be located in an annex.
      20
            The content of subparagraph (c) may be covered by one of the
bracketed provisions of subparagraph (b).
                                                                       /...
 ---pagebreak--- UNEP/Bio.Div/N7-INC.5/2
 Page 16
       (b) Cooperate, as appropriate, with other States and international
organisations in developing educational and public awareness programmes,
with respect to conservation and sustainable use of biological diversity.
         Article   14.  [Impact AaaeaamentJ [Minimizing Adverae ImpactaJ
       Each Contracting Party, as far as possible and as appropriate ehall:
       (a) Introduce appropriate procédures requiring assessment of the
environmental effects of proposed projects that are likely to hâve
significant adverse effects on biological diversity [whether within or
beyond the limite of national jurisdiction] with a view to avoiding or
minimising such effects and, where appropriate, allow for public
participation in euch procédures.
       (b) Introduce appropriate arrangements to ensure that the
environmental conséquences (whether within or beyond the limits of national
jurisdiction] of programmes and policies that are likely to hâve
significant adverse impacts on biological diversity are duly taken into
account.
       (c) Promote, on the basia 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 n or areas beyond the limits of national
jurisdiction, by encouraging the conclusion of bilatéral, régional or
multilatéral arrangements as appropriate. a
       [(d) Thoee responsible for activities which threaten or could [damage]
[cause significant loss of] biological diversity are responsible for the
costs of avoiding that threat or damage and for remédiai action directly or
through financing where damage occurs.] s
       [(e) In the case of imminent or grave danger or damage originating
under its 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 establish the
neces8ary procédures for that purpose, as well as initiate [at source]
action to prevent or minimise such danger or damage.]
       [Be responsible for the cost of avoiding or minimising threats or
damage to biological diversity beyond the limits of the areas under its
national jurisdiction resulting from activities within its jurisdiction or
control and, where such damage occurs for the costs of remédiai action and,
where it is not possible to return the biological diversity to*the status
quo ante, for compensation.]
      21
             Upon the next reading ail paragraphe 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 plans to address
situations affecting biological diversity]" was deleted from this sub-
paragraph. While the importance of the issue of "contingency plans" was
not contested, WG.I decided that, at the next reading, considération should
be given as to the précise location of the concept reflected in the deleted
text.
     23
            During the sixth negotiating session/fourth session of INC, this
text was moved from Article 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.] *
                         [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  XI
[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.]
     24
           During the sixth negotiating seesion/fourth session of INC, this
text was moved from Article 4, paragraph 2 (f).
     25
           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 finalised by WG.I.
     27
           An alternative proposal was made to delete the whole of
Article 15 with subsequent deletion of Article 25.
                                                                       /...
 ---pagebreak--- UNEP/Bio.Div/N7-INC.5/2
Page 18
            Article 16.  [RegulatedJ   Access to Genetic    Resources
1.   Recognising the sovereign rights of States over their natural
resources, the authority to détermine access to genetic resources reste
with the national governotents and is subject to national législation.
2.   Each Contracting Party shall endeavour to croate 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 mutually agreed terme and subject
to the provisions of this Article.
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
mechani8ms established by Articles 21 and 22, to [promote and advance]
[ensure] fair and équitable sharing of the results of research [products
developed] and the benefits arising from the [commercial and other]
utilisation of genetic resources with the Contracting Parties [of origin
and/or the Contracting Parties] providing such resources.
             Article 17.   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 éléments 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 to
developing countries shall be provided and/or facilitated under [fair and
reasonable] [fair and most favourable] [préfèrential and concessional]
conditions and, where necessary, in accordance with the financial mechanism
established by Articles 21 and 22.
3.   Each Contracting Party shall take législative, 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 terme
[notwithstanding patents and other intellectual property rights]. *
     28
          Some délégations stated that this paragraph may be subject to a
review mechanism which may be introduced in this Article or at another
appropriate place in this Convention.
                                                                      /...
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                                                         Page 19
4.   Each Contracting Party shall take législative, administrative or
policy measures, as appropriate, with the aim that the private sector
facilitâtes 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 paragraphe 1, 2 and 3 of
this Article.
5.   The Contracting Parties, recognising that patents and other
intellectual property rights may hâve an influence on the implementation of
the présent Convention, shall cooperate in this regard subject to national
législation and international law in order to ensure that such rights are
supportive of and do not run counter to the objectives of this Convention.
                    Article   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 spécial needs of developing countries.
2.   Such exchange of information shall include exchange of (publicly
available] results of technical, scientific and socio-economic research, as
well as information on training and surveying programmes, specialised
knowledge, indigenous and traditional knowledge as such and in combination
with the technologies referred to in Article 17, paragraph 1. It shall
also, where feasible, include repatriation of information.
             Article 19.    Technical  and Scientific        Coopération
1.   The Contracting Parties shall promote international technical and
scientific coopération 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
coopération 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
coopération, spécial attention should be given to the development and
strengthening of national capabilities, by means of human resources
development and institution building.
3.   The Conférence of the Parties, at its first meeting, shall détermine
how to establish a clearing-house mechanism to promote and facilitate
technical and scientific coopération.
4.   The Contracting Parties shall, in accordance with national législation
and policies, encourage and develop methods of coopération 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 coopération 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.
                                                                         /...
 ---pagebreak--- UNEP/Bio.Div/N7-INC.5/2
Page 20
                  Article    20. Handling of Biotechnology      and
                           Diatribution     of ita   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 équitable access] [take appropriate measures to promote
and advance priority access] by Contracting Parties, especially 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 mutuelly agreed terme.
3.   Each Contracting Party shall require any naturel or légal person under
its jurisdiction who intends to introduce in another Contracting Party
genetically modified organisms [biotechnology products] which may hâve an
adverse impact on the [conservation and sustainable use of biological
resources in] [environnent of) that Contracting Party to obtain the
[advance agréeront) [prior informed consent] of that Contracting Party.
Such [agreement] [consent] ehall be in accordance with procédures to be
established by the Conférence of the Parties.
4.   Bach Contracting Party providing genetically modified organisms
(biotechnology products] shall require any naturel or légal person under
its jurisdiction to provide any available information about the use and
safety régulations required by that Contracting Party in handling
genetically modified organisms (biotechnology products], as well as any
available information on the potentiel adverse impact of the spécifie
genetically modified organisms [biotechnology products] concerned to the
Contracting Party into which those organisms (products) are to be
introduced. *
                                                              x
                       Article   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 plans, priorities and
programmes. 31
     *     Some délégations expressed the view that the substance of
paragraphe 3 and 4 were not needed.
     30
           Some délégations noted at the fifth negotiating session/third
session of INC that the final outeome 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 adéquate new and additional financial resources to
enable developing countries to achieve the objectives of this
Convention. M [Developed countries referred to above do not include
countries with économies in transition.] *
            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 incrémental 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
incrémental costs.] *
                        Article 22.   Financial Mechanisms
                                 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 made
by the developed countries and by other countries and sources.]
[2. The Fund shall be administered [through an agency to be decided by the
Conférence of the Parties] [in the following manner].]
(3. Pursuant to the objectives of this Convention, the Conférence of the
Parties at its first meeting shall establish detailed criteria and
guidelines for access to and utilization of the Fund, including monitoring
and évaluation of such utilization.]
4.   The Conférence of the Parties shall review the effectiveness of the
funding mechanism established under this Article, 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 réguler 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 Bulgarie, 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.
     35
           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.
                                                                       /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC 5/2
 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.]
                                                                     37
                Alternative    2 to paragraphe  1,2,3    and 5 above
 [1. The Contracting Parties, pursuant to the objectives of this Convention
 and taking into considération the spécial 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 incrémental costs for complying with the provisions of this
 Convention, access to and trans fer of technology referred to in Article 17
 and the benefits of the provisions of paragraph 6 of Article 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 Multilatéral Fund for
 Biological Diversity] fthrough an agency to be decided by the Conférence of
 the Parties] [in the following manner ...].]
 [3. Pursuant to the objectives of this Convention, the Conférence of the
 Parties at its first meeting shall [confina] (establish) criteria and
guidelines [set out in Annex ... to this Convention] for access to and
utilisation of the [fund] [financial mechanism], including monitoring and
évaluation of such utilisation.]
 (5. The Contracting Parties shall consider strengthening existing
 financial institutions to support the [fund] [financial mechanism]
established under this Convention.]
         Article 23.    Relatlonahip   with Other International  Conventions
 [1. The provisions of the présent Convention shall not affect the rights
and obligations of any Contracting Party deriving front any existing
international agréeront 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 présent Convention. "
3.    The Contracting Parties shall invite the Parties to any international
agreement relating to the conservation and sustainable use of biological
diversity to agrée on arrangements for facilitating joint actions,
coordination, and exchange of information. ] "
      37
            Proposai by the United Kingdom with modification by Mexico at the
fifth negotiating session/third session of INC.
      34
            The language in paragraph 1 leavee open the question of the
relationship of this Convention with future agreement s. 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 Article 24 as a funetion of the Conférence of
the Parties.
                                                                        /...
 ---pagebreak---                                                    UNEP/BiO.Div/N7-INC.5/2
                                                   Page 23
 [1. The provisions of the présent 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.]
                   Article 24.  Conférence of the   Partiea
1.    A Conférence of the Parties is hereby established. The first meeting
of the Conférence 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 Conférence of the Parties
shall be held at réguler intervais to be determined by the Conférence at
its first meeting.
2.    Bxtraordinary meetings of the Conférence of the Parties shall be held
at such other times as may be deemed necessary by the Conférence, or at the
written request of any Party, provided that, within (six] [three] months of
the request being communicated to them by the Secrétariat, it is supported
by at least one third of the Parties.
3.    The Conférence of the Parties shall by consensus agrée upon and adopt
ru les of procédure for itself and for any subsidiary body it may establish,
as well as financial rules governing the funding of the Secrétariat. At
each ordinary meeting, it shall adopt a budget for the financial period
until the next ordinary meeting.
4.    The Conférence of the Parties shall keep under review the
implementation of the présent Convention, and, for this purpose, shall:
      (a) Establish the form and the intervais for transmitting the
information to be submitted in accordance with Article 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 Article 27;]
      (c) Consider and adopt, as required, in accordance with Articles 32
and 33, amendaients 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 Article 33,
additional annexes to this Convention;
      (f) Consider and adopt, as required, protocols in accordance with
Article 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
expérience gained in its opération.
5.    The United Nations, its specialised agencies and the International
Atomic Energy Agency, as well as any State not Party to this Convention,
may be represented as observera at meetings of the Conférence 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 Secrétariat of its wish
 to be represented as an observer at a meeting of the Conférence of the
 Parties, may be admitted unless at least one third of the Parties présent
 object. The admission and participation of observers shall be subject to
 the rules of procédure adopted by the Conférence of the Parties.
                                                            41
                  [Article 25.  Procedurea for Global Liata
      The Conférence of the Parties shall:
       (a) Reçoive from the Contracting Parties inventories of biogeographic
 areas within the limits of their national jurisdiction of particular
 importance for the conservation of biological diversity and inventories of
 speciea found within the limits 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 List s;
      (c)  Publi8h the Global Liste;
      (d) Establish, taking into account the recommendations of the
Scientific Committee, guidelines to assist Contracting Parties to sélect
areas and species for inclusion in the inventories to be forwarded to the
Conférence of the Parties pur suant to subparagraph (a);
      (e) Establish, taking into account the recommendations of the
Scientific Committee, criteria for sélecting areas and species for
inclusion in the Global Lists pursuant to subparagraph (b) [so that they
may contain areas and species représentative of the greatest feasible
proportion of biological diversity, with particular regard to threatened
areas and species];
      (f) Establish and publish, taking into account the advice of the
Scientific Committee, guidelines to assist the Contracting Parties to
manage 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 considers this
désirable or necessary in connection with areas and species on the Global
Lists; and
      (h) Ensure that arrangements made in relation to the Global Lists
complément and strengthen the conservation activities of Contracting
Parties and international organisations developed and implemented under
other international agréeronts.]
     41
           A proposai was made to delete Article 25 subséquent to deletion
of Article 15 (Global Lists).
 ---pagebreak---                                                              UNEP/Bio.Div/N7-INC.5/2
                                                             Page 25
                            Article    26.       Secrétariat
1.   A Secrétariat ie hereby established.          Its functions shall be:.
     (a) To arrange for and service meetings of the Conférence of the
Parties provided for in Article 24;
     [(b) To a8sist the Conférence of the Parties and the Scientific
Committee in performing their functions with regard to establishment and
functioning of the Global Lists pursuant to the provisions of Article 15 of
the présent Convention as well as assist in facilitating and promoting
transfer of technology and knowledge and technical coopération pursuant to
the provisions of Articles 17 and 19 of the présent Convention;]
     [(c) To maintain the Global Lists referred to in Article 15 of the
présent Convention;]
     (d)   To perforai the functions assigned to it by any Protocol;
     (e) To prépare reports on the exécution of its functions under this
Convention and présent them to the Conférence of the Parties;
     (f) To coordinate with other relevant international bodies, and in
particular to enter into such administrative and contractuel arrangements
as may be required for the effective discharge of its functions;
     (g) To perforai such other functions as may be determined by the
Conférence of the Parties.
2.   The secrétariat functions will be carried out on an intérim basis by
the Secrétariat of the United Nations Environment Programme until the
completion of the first ordinary meeting of the Conférence of the Parties
held pursuant to Article 24. At its first ordinary meeting, the Conférence
of the Parties shall designate the secrétariat from amongst those existing,
compétent international organisations which hâve signified their
willingness to carry out the secrétariat functions under this Convention.
   Article 27. [Scientific]      and [Technical]      [Technologieal]     [Committee]
      [Subsidiary Bodies for Scientific         and Technological     Coopération]
                                    Alternative    1
     (The Conférence of the Parties shall at its first meeting establish
such subsidiary bodies for providing scientific and [technical]
(technological] advice as required for the implementation of the
Convention.]
                                    Alternative 2
([1. The Conférence of the Parties shall at its first meeting establish a
Scientific and (Technical] [Technological] Committee with a balanced
régional représentation.]
[1. A Scientific and [Technical) [Technological) Committee is hereby
established. The Conférence of the Parties shall, at its first meeting,
appoint the members of the committee with a balanced régional
représentation.]
[, whose advice will be based on the considérations outlined in Annex .•.
                                                                             /...
 ---pagebreak---  UNEP/Bio.Div/N7-INC.5/2
 Page 26
                                    ANNEX ...
            Considérations for the Scientific and Technical Committee
            Pursuant to Article 27, the Scientific and Technical Committee
           will provide scientific and technical advice to the Conférence of
           the Parties taking into account the following considérations:
 1.   Articles 5 - ... of this Convention;
2.    National, régional and global concerns;
3.    National, régional and global plans, liste and priorities;
4.    Other régional and global agréeronts, mechanisms, technologies and
      sources of funding;
5.    The relative eignificance among spécies, subspecies, écosystème and
      areas;
6.    Conservation management effectiveness.]
2.    The Committee shall under the direction of the Conférence of the
Parties provide scientific and [technical] [technological] advice to assist
the Conférence of the Parties to promote thë objectives of the Convention.]
                                Article    28.    Reports
      Each Contracting Party shall, at intervais to be determined by the
Conférence of the Parties, [submit] [présent] to the Conférence 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 components of biological diversity within
     the limits of its national jurisdiction.]
                          Article 29.      Operational    Coat
1.   Expenses incurred in respect of the technical and scientific
coopération referred to in Article 19 shall be borne by the Biological
Diversity Fund. The expenses incurred in opérâting the Biological
Diversity Fund shall also be borne by that Fund.
                     Article   30.    Settlement    of Disputes *2
1.    In the event of a dispute between Contracting Parties concerning the
interprétation 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 ail articles (e.g., Vienna Convention for
Protection of the Ozone Layerf, some environmental conventions hâve 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).
                                                                   /...
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                                                    Page 27
2.    If the Parties concerned cannot reach agreement by negotiation, they
may jointly seek the good offices of, or request médiation by, a third
party.
3.   When ratifying, accepting, approving or acceding to this Convention,
or at any time thereafter, a State or régional économie intégration
organisation may déclare in writing to the Depositary that for a dispute
not resolved in accordance with paragraph 1 or paragraph 2 above, it
accepte one or both of the following means of dispute settlement as
compulsory:
      (a) Arbitrâtion in accordance with the procédure laid down in [Part 1
of] Annex I;
      (b)  Submission of the dispute to the International Court of Justice.
4.   Alternative 1. If the parties to the dispute hâve not, in accordance
with paragraph 3 above, accepted the same or any procédure, the dispute
shall be submitted to conciliation in accordance with Annex I, part 2
unless the parties otherwise agrée.
     Alternative 2. If the parties to the dispute hâve not, in accordance
with paragraph 3 above, accepted the same or any procédure, a party which
has not made a déclaration under paragraph 3 above shall be deemed to hâve
accepted arbitration in accordance with the procédure laid down in Annex I.
If the parties to a dispute hâve not accepted the same means of dispute
settlement, the dispute shall be submitted to arbitration in accordance
with the procédure laid down in [Part 1 of ] Annex I.
5.   The provisions of this Article shall apply with respect to any
protocol except as otherwise provided in the protocol concerned.
                 (Alternative in lieu of paragraphe 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 procédure laid down in Part 1 of Annex I, unless the
dispute is submitted to the International Court of Justice (ICJ) in
accordance with its Statuts.
4.   When ratifying, accepting, approving or acceding to this Convention or
at any time thereafter, a state or régional économie intégration
organisation may déclare in writing to the Depositary that it does not
accept paragraph 3 as binding.
5.   If a party to the dispute has made a déclaration pursuant to
paragraph 4, the dispute shall be submitted to conciliation in accordance
with Part 2 of Annex I [, unless the Parties otherwise agrée].
                     Article 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 Conférence of the
 Parties. 43
 3.    The text of any proposed protocol shall be communicated to the
Contracting Parties by the Secrétariat at least six months before such a
meeting.
             Article  32.  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
Conférence 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 Secrétariat at least six
months before the meeting at which it is proposed for adoption. The
Secrétariat 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 ail
efforts at consensus hâve 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 présent and voting at the
meeting, and shall be submitted by the Depositary to ail 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 Mone hundred and eightieth day after the deposit of their
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 intoM force for any other
Party on the [ninetieth] [one hundred eightieth] day      after that Party
deposits its instrument of ratification, acceptance or approval 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 réservation on the
procédure 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 Légal Drafting Group established by the INC at its fourth
session/sixth negotiating session. It was further recommended that a final
décision be taken by the INC at its fifth session/seventh negotiating
session. To achieve consistency between the procédures described in the
paragraph, the Légal Drafting Group recommended substituting the phrase
"deposit of their instruments" for the phrase "receipt by the Depositary of
notification".
                                                                      • / - . .
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                                                       Page 29
 5.    For the purposes of this Article, "Parties présent and voting" means
 Parties présent and casting an affirmative or négative vote.
                 Article 33.   Adoption  and Amendment of Annexes
 1.    The annexes to this Convention or to any protocol shall form an
 intégral part of this Convention or of such protocol, as the case may be,
and, unless exprès s ly provided otherwise, a référence to this Convention or
 its protocols constitutes at the same time a référence to any annexes
thereto. Such annexes shall be restricted to procédural, scientific,
technical and administrative matters.
2.     Except as may be otherwise provided in any protocol with respect to
its annexes, the following procédure 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 procédure laid down in Article 32;
       (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 B O 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 ail Parties of any such notification received. A
Party may at any time withdraw a previous déclaration of objection and the
annexes shall thereupon enter into force for that Party subject to
paragraph (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
ail Parties to this Convention or to any protocol concerned which hâve 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 same
procédure 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.
                           Article   34.  Right to Vote
1.    Except as provided for in paragraph 2 below, each Contracting Party to
this Convention or to any protocol shall hâve 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
Légal Drafting Group established by the INC during its fourth session/sixth
negotiating session. The phrase "of the adoption" was introduced by the
Légal Drafting Group to achieve consistency with paragraph (b).
 ---pagebreak--- UNEP/Bio..Div/N7-INC. 5/2
Page 30
2.   Régional économie intégration organisations, in matters within their
compétence, 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 organisations shall not exercise
their right to vote if their member States exercise theirs, and vice versa.
     Article 35.  Relationahip    Betveen the Convention and Ita   Protocola
1.   A State or a régional économie intégration organisation may not become
a Party to a protocol unless it is, or becomes at the same time, a
Contracting Party to the Convention.
2.   Décisions 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.
                             Article 36.     Signature
     This Convention shall be open for signature at ... by ail States and
any régional économie intégration organisations from ... until ....
             Article 37.    Ratification,   Acceptance or Approval
1.   This Convention and any protocol ehall be subject to ratification,
acceptance or approval by States and by régional économie intégration
organisations. Instruments of ratification, acceptance or approval shall
be depoeited with the Depoeitary.
2.   Any organisation 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 ail the
obligations under the Convention or the protocol, as the case may be. In
the case of such organisations, one or more of whose member States is a
Contracting Party to the Convention or relevant protocol, the organisation
and its member States ehall décide on their respective responsibilities for
the performance of their obligation under the Convention or protocol, as
the case may be. In such cases, the organisation 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
organisations referred to in paragraph 1 above shall déclare the extent of
their compétence with respect to the matters governed by the Convention or
the relevant protocol. Thèse organisations shall also inform the
Depositary of any relevant modification in the extent of their compétence.
                            Article 38.     Accession
1.   This Convention and any protocol shall be open for accession by States
and by régional économie intégration organisations 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 organisations referred to in
paragraph 1 above shall déclare the extent of their compétence with respect
to the matters governed by the Convention or the relevant protocol. Thèse
organisations shall also inform the Depositary of any relevant modification
in the extent of their compétence.
                                                                     /...
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                                                     Page 31
3.    The provisions of Article 37 paragraph 2, shall apply to régional
économie intégration organisations which accède to this Convention or any
protocol.
                         Article  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,
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 deposit éd.
3.    For each Contracting Party which ratifies, accepta or approves this
Convention or accèdes thereto after the deposit of the [twentieth]
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 accèdes thereto after its entry into force pureuant to
paragraph 2 above, on the ninetieth day after the date on which that
Contracting Party depoeits its instrument of ratification, acceptance,
approval 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 purpoeee of paragraph 1 and 2 above, any inetrument deposited
by a régional économie intégration organisation shall not be counted as
additional to those deposited by member States of such organisation.
                          Article  40.  Réservations "
       [No réservations may be made to this Convention. ]
      46
            Some environmental conventions contain a clause prohibiting
réservations (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 Région). Some permit only specified réservations, 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 Animais).
      In accordance with the Vienna Convention on Treaties and customary
international law, when a multilatéral convention does not address the
topic of réservations, the usual presumption is that states may formulate
réservations 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 présents another approach. It
prohibits réservations but allows to a State or political and/or économie
intégration organizatione "déclarations or statements ... with a view,
inter alla, to the harmonisation of its laws and régulations with the
provisions of (the) Convention", provided that any such déclaration or
statement is not tantamount to a réservation.
                                                                    /...
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 Page 32
                           Article     41.     Withdrawals
 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 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     42.    Depoaitary
      The Secretary-General of the United Nations shall assume the functions
of Depositary of this Convention and any protocols.
                         Article    43.    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.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect,
have signed this Convention.
Done at                    on the                            .day of.
                                                                      /...
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                                                   Annex I
                                                   Page 33
                                   Annex X
                                    Part 1
                                 ARBITRATION
                                  Article  1
      The claimant party shall notify the Secrétariat that the parties are
referring a dispute to arbitration pursuant to Article 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 interprétation or application of which are at issue. [If the parties
do not agrée on the subject matter of the dispute before the Président of
the tribunal is designated the arbitral tribunal shall détermine the
subject matter.) The Secrétariat shall forward the information thus
received to ail Contracting Parties to the 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 Président of the tribunal.
The latter shall not be a national of one of the parties to the dispute,
nor hâve his or her usual place of résidence in the territory of one of
thèse parties, nor be employed by any of them, nor hâve 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
appointaient.
                                  Article  3
1.   If the Président of the arbitral tribunal has not been designated
within two months of the appointaient of the second arbitrator, the
Secretary-General of the United Nations shall, at the request of a party,
désignâte the Président 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 désignation within a further two-month
period.                                                                    ^
                                  Article  4
     The arbitral tribunal shall render its décisions in accordance with
the provisions of this Convention, any protocols concerned, and
international law.
                                  Article 5
     Unless the parties to the dispute otherwise agrée, the arbitral
tribunal shall détermine its own rules of procédure.
                                                                  /...
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Annex I
Appendix I
Page 34
                                  Article  6
      [The arbitral tribunal may, at the request of one of the parties,
recomntend essential intérim measures of protection.]
                                  Article  7
     The parties to the dispute shall facilitate the work of the arbitral
tribunal and, in particular, using ail means at their disposai, shall:
      (a) Provide it with ail relevant documents, information and
facilities; and
      (b) Enable it, when necessary, to call witnesses or experts and
receive their évidence.
                                  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 détermines 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 ail its costs, and shall furnish a final statement thereof
to the parties.
                                 Article  10
     Any Contracting Party that has an interest of a légal nature in the
subject-matter of the dispute which may be affected by the décision in the
case, may intervene in the proceedings with the consent of the tribunal.
                                 Article  11
     The tribunal may hear and détermine counterclaims arising directly out
of the subject-matter of the dispute.
                                 Article  12
     Décisions both on procédure 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 défend 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 défend its case shall not constitute a
bar to the proceedings. Before rendering its final décision, the arbitral
tribunal must satisfy itself that the claim is well founded in fact and
law.
                                                                  /..
 ---pagebreak---                                                   UNEP/Bio.Div/N7-INC.5/2
                                                  Annex I
                                                  Page 35
                                 Article 14
     The tribunal shall render its final décision 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.
                                 Article 15
     The final décision of the arbitral tribunal shall be confined to the
subject-matter of the dispute and shall state the reasons on which it is
based. It shall contain the names of the members who hâve participated and
the date of the final décision. Anyroemberof the tribunal may attach a
separate or dissenting opinion to the final décision.
                                 Article 16
     The award shall be binding on the parties to the dispute. It shall be
without appeal unless the parties to the dispute hâve agreed in advance to
an appellate procédure.
                                 Article 17
     Any controversy which may arise between the parties to the dispute as
regards the interprétation or manner of implementation of the final
décision may be submitted by either party for décision to the arbitral
tribunal which rendered it.
                                                                 /..
 ---pagebreak---  UWEP/Bio.Div/N7-INC.5/2
 Annex I
 Appendix I
 Page 36
                                      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 agrée, be composed of five members, two appointed by each Party
concerned and a Président chosen jointly by those members.
                                    Article 2
      In disputes between more than two parties, parties in the same
interest shâll appoint their members of the commission jointly by
agreeaent. Where two or more parties hâve separate interests or there is a
disagreeaent as to whether they are of the same interest, they shall
appoint their members separately.
                                    Article  3
      If any appointaient s by the parties are not made within two months of
the date of the request to croate 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 Président 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 Président within a further two-month period.
                                    Article 5
      The conciliation commission shall take its décisions by majority vote
of its members. It shall, unless the parties to the dispute otherwise
agrée, détermine its own procédure. It shall render a proposai for
resolution of the dispute, which the parties shall consider in good faith.
                                    Article 6
     A di8agreement as to whether the conciliation commission has
compétence 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 Article 2
"ALIEN SPECIES" means a species occurring in a particular country or area
outside its historically known natural range, as a resuit of intentional or
accidentai introduction through huotan intervention.
"BIOLOGICAL DIVERSITY (OR BIODIVBRSITÏ)" means the genêtic, taxonomic and
ecological variability among living organisms; this includes the variety
and variability within species, between species and of biotic components of
ecoBystem8.
"CONSERVATION OF BIOLOGICAL DIVERSITY" means the préservation (or intégral
protection), maintenance, sustainable use, recovery and enhancement of the
components of biological diversity. 1
"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, animal 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 natural géographie distribution is
restricted to a spécifie area or country.
"EX-SITU CONSERVATION" means the conservation of components of biological
diversity (genetic resources, organisms, populations) outside their natural
surroundings.
"HABITAT" means the place or type of site where an organism or population
naturally occurs.
"IN-SITU CONSERVATION" means the conservation of ecosysteras and natural
habitats and the maintenance and recovery of viable populations of species
in their natural surroundings. 2
     1
          There was a strong feeling in the sub-working group that
"sustainable use" should be excluded from this définition; 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 définition of Hin-situ
conservation" formulated by Working Group II which includes dômesticated
species. No consensus was reached on whether that définition should be
accepted, whether domesticated species should be dealt with in a separate
définition, or whether the présent 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 organisation 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 authorised, 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
finalised after finalisation 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 FOR INCLUSION IN THE PREAMBLE/FUNDAMENTAL PRINCIPLES/GENERAL
               OBLIGATIONS AS PROPOSED BY THE GROUP OF 77 AND CHINA
 1.   Sovereignty    and responsibility    (Fundamental principle)
      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 principle)
      2.1 Adéquate 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 be shared by countries
providing genêtic material.
      3.2 Transfer of biotechnologies to developing countries on
préfèrential and non-commercial basis. (Fundamental principle)
4.    Access to technology and to genetic        material (Fundamental principle)
     Access to both genetic materials and conservation technologies to be
subject to mutual agreement.
5.    International    coopération   (Fundamental principle)
      5.1 International coopération in addition to national efforts is
necessary for conservation.
6.   Prévention    (Preamble or    obligation)
     Prévention of damage to biodiversity is essential. The precautionary
principle (lack of full scientific certainty is not a reason for avoiding
or minimising threat of significant réduction or loss of biodiversity), and
the principle of action at source complète the mission of prévention.
7.   Common concern (Preamble)
     Conservation of biodiversity "is common concern of ail mankind.
8.   Conservation (Preamble or         objectives)
     In-situ    and ex-situ  conservation.
9.   Récognition and reward of traditional knowledge of local communities
which contribute conservation and sustainable use of biodiversity.
(Preamble or gênerai obligation)
10. The fulfliment of the obligations under this Convention by developing
countries would be subject to the effective provision to them of adéquate,
new and additional resources and of technology transfer to them on
preferential and non-commercial terms. (General obligation, Article 4)
 ---pagebreak---                UNITED NATIONS ENVIRONMENT PROGRAMME                                        &**. ^
PROGRAMME DES NATIONS UNIES POUR L'ENVIRONNEMENT %M0J
73f UNITERRA NAIROBI                                                        P.O. Sox 30662
                                                                            Nairobi Kanya
Fsx   (2S42)z2M90
                                       D.G.XI
OS    taoetUNEPKE                          17.Oa92 j CG5830
YourRafaranoa
                  ELI/PAC                                          6 March 1992
OUT VWftftflOt
                          D.G. D. 0c A             OIR A     c&. a    0!R C icie
                           XI G. S N S 1 II III
                                     S          1 7  3 4 5 1  ? ? 4 t ? r*-r— • a i r
                                                                            4 OJH
Dear Sir,
                         ATTR.
                          INF.
                                                  X
                                                                                      •
           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, Kenya) 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 Nations Environment Programme — Programme dcs Nations Unies pour I'environncment
                                            - 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 INC, the
      seventh negotiating session/fifth session of XNC night be extended up to
      20 May 1992. This final negotiating session will be followed by the
      Conference for adoption and signature of the Pinal 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 do Janeiro
      at the tine of UNCKD. 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 is expected to last for one or two days.
             X invite your Organisation to nominate experts to participate in the
      above negotiating session of the Intergovernmental Negotiating Committee
      (XNC). Please note that it has become the usual practice for both Working
      Groups (NG.I and WG.XX) of the XNC to hold simultaneous meetings throughout
      the session. This requires experts to be available from the beginning to
      the end of the meeting. X 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
             Intergovernmental Negotiating Committee (XNC)                 y
               for a Convention on Biological Diversity —           ,
             Environmental Law and Institutions
               Programme Activity Centre
             UNEP
             P.O. Box 30552
             Nairobi
             Kenya
                       o*S«|.2-
             Telephones 230800/520600    &QCT. y "7 5 6
             Telex: 22068 UNEP KB
             Telefax: 230198
                                                                   Yours sincerely,
                                                                    Mostafa K. Tolba
                                                                   Executive Director
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1491
                                                               COM(92) 186 final
                                                      DOCUMENTS
FR                                                                              14
                                     N° de catalogue : CB-CO-92-197-FR-C
                                                            ISBN 92-77-43863-0
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