CONVENTION on BIOLOGICAL DIVERSITY

CONVENTION

BIOLOGICAL

DIVERSITY

TEXT AND ANNEXES

CONVENTION

BIOLOGICAL

DIVERSITY

TEXT AND ANNEXES

SECRETARIAT OF THE CONVENTION

ON BIOLOGICAL DIVERSITY

MONTREAL

Secretariat of the Convention on Biological Diversity

United Nations Environment Programme

413 St. Jacques Street West, Suite 800

Montreal, Quebec, Canada H2Y 1N9

Phone: +1 (514) 288 2220

Fax: +1 (514) 288 6588

E-mail: [email protected]t

Website: www.cbd.int

Printed in Canada

e designations employed and the presentation of material in this publication do not imply

the expression of any opinion whatsoever on the part of the Secretariat of the Convention on

Biological Diversity concerning the legal status of any country, territory, city or area or of its

authorities, or concerning the delimitation of its frontiers or boundaries.

is publication may be reproduced for educational or non-prot purposes without special

permission from the copyright holders, provided acknowledgement of the source is made. e

Secretariat of the Convention would appreciate receiving a copy of the publications that use this

document as a source.

Local catalogue record:

Convention on Biological Diversity : text and annexes / Secretariat of the Convention on

Biological Diversity.

Summary: “is publication contains the text and annexes of the Convention on Biological

Diversity, rst adopted 22 May 1992.” — Provided by publisher.

1. Biodiversity conservation – Law and legislation 2. Biodiversity – International cooperation

3. Environmental protection – International cooperation

I. Convention on Biological Diversity (1992). II. United Nations.

K3488. A35 C66 2011

For further information please contact the Secretariat of the Convention on Biological Diversity

Convention on Biological Diversity

INTRODUCTION

e Earth’s biological resources are vital to humanity’s economic and social development.

As a result, there is growing recognition that biological diversity is a global asset of

tremendous value to present and future generations. At the same time, the threat to species

and ecosystems has never been so great as it is today. Species extinction caused by human

activities continues at an alarming rate.

In response, the United Nations Environment Programme (UNEP) convened the Ad Hoc

Working Group of Experts on Biological Diversity in November 1988 to explore the need for

an international convention on biological diversity. Soon aer, in May 1989, it established

the Ad Hoc Working Group of Technical and Legal Experts to prepare an international legal

instrument for the conservation and sustainable use of biological diversity. e experts were

to take into account “the need to share costs and benets between developed and developing

countries” as well as “ways and means to support innovation by local people.”

By February 1991, the Ad Hoc Working Group had become known as the

Intergovernmental Negotiating Committee. Its work culminated on 22 May 1992 with the

Nairobi Conference for the Adoption of the Agreed Text of the Convention on Biological

Diversity.

e Convention was opened for signature on 5 June 1992 at the United Nations Conference

on Environment and Development (the Rio “Earth Summit”). It remained open for

signature until 4 June 1993, by which time it had received 168 signatures. e Convention

entered into force on 29 December 1993, which was 90 days aer the 30th ratication. e

rst session of the Conference of the Parties was scheduled for 28 November - 9 December

1994 in the Bahamas.

e Convention on Biological Diversity was inspired by the world community’s growing

commitment to sustainable development. It represents a dramatic step forward in the

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

equitable sharing of benets arising from the use of genetic resources.

Convention on Biological Diversity

CONVENTION ON BIOLOGICAL DIVERSITY

PREAMBLE

e Contracting Parties,

Conscious of the intrinsic value of biological diversity and of the ecological, genetic, social,

economic, scientic, educational, cultural, recreational and aesthetic values of biological

diversity and its components,

Conscious also of the importance of biological diversity for evolution and for maintaining

life sustaining systems of the biosphere,

Arming that the conservation of biological diversity is a common concern

of humankind,

Rearming that States have sovereign rights over their own biological resources,

Rearming also that States are responsible for conserving their biological diversity and for

using their biological resources in a sustainable manner,

Concerned that biological diversity is being signicantly reduced by certain human

activities,

Aware of the general lack of information and knowledge regarding biological diversity and

of the urgent need to develop scientic, technical and institutional capacities to provide

the basic understanding upon which to plan and implement appropriate measures,

Noting that it is vital to anticipate, prevent and attack the causes of signicant reduction or

loss of biological diversity at source,

Noting also that where there is a threat of signicant reduction or loss of biological

diversity, lack of full scientic certainty should not be used as a reason for postponing

measures to avoid or minimize such a threat,

Noting further that the fundamental requirement for the conservation of biological

diversity is the in-situ conservation of ecosystems and natural habitats and the

maintenance and recovery of viable populations of species in their natural surroundings,

Noting further that ex-situ measures, preferably in the country of origin, also have an

important role to play,

Recognizing the close and traditional dependence of many indigenous and local

communities embodying traditional lifestyles on biological resources, and the desirability

of sharing equitably benets arising from the use of traditional knowledge, innovations

and practices relevant to the conservation of biological diversity and the sustainable

use of its components,

Convention on Biological Diversity

Recognizing also the vital role that women play in the conservation and sustainable use of

biological diversity and arming the need for the full participation of women at all levels

of policy-making and implementation for biological diversity conservation,

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

global cooperation among States and intergovernmental organizations and the non-

governmental sector for the conservation of biological diversity and the sustainable use

of its components,

Acknowledging that the provision of new and additional nancial resources and

appropriate access to relevant technologies can be expected to make a substantial

dierence in the world’s ability to address the loss of biological diversity,

Acknowledging further that special provision is required to meet the needs of developing

countries, including the provision of new and additional nancial resources and

appropriate access to relevant technologies,

Noting in this regard the special conditions of the least developed countries and small

island States,

Acknowledging that substantial investments are required to conserve biological diversity

and that there is the expectation of a broad range of environmental, economic and social

benets from those investments,

Recognizing that economic and social development and poverty eradication are the rst

and overriding priorities of developing countries,

Aware that conservation and sustainable use of biological diversity is of critical

importance for meeting the food, health and other needs of the growing world

population, for which purpose access to and sharing of both genetic resources and

technologies are essential,

Noting that, ultimately, the conservation and sustainable use of biological diversity will

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

Desiring to enhance and complement existing international arrangements for the

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

Determined to conserve and sustainably use biological diversity for the benet of present

and future generations,

Have agreed as follows:

Convention on Biological Diversity

Article

OBJECTIVES

e objectives of this Convention, to be pursued in accordance with its relevant

provisions, are the conservation of biological diversity, the sustainable use of its

components and the fair and equitable sharing of the benets arising out of the utilization

of genetic resources, including by appropriate access to genetic resources and by

appropriate transfer of relevant technologies, taking into account all rights over those

resources and to technologies, and by appropriate funding.

Article

USE OF TERMS

For the purposes of this Convention:

“Biological diversity” means the variability among living organisms from all sources

including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological

complexes of which they are part; this includes diversity within species, between species

and of ecosystems.

“Biological resources” includes genetic resources, organisms or parts thereof, populations,

or any other biotic component of ecosystems with actual or potential use or value

for humanity.

“Biotechnology” means any technological application that uses biological systems,

living organisms, or derivatives thereof, to make or modify products or processes for

specic use.

“Country of origin of genetic resources” means the country which possesses those genetic

resources in in-situ conditions.

“Country providing genetic resources” means the country supplying genetic resources

collected from in-situ sources, including populations of both wild and domesticated

species, or taken from ex-situ sources, which may or may not have originated in

that country.

“Domesticated or cultivated species” means species in which the evolutionary process has

been inuenced by humans to meet their needs.

“Ecosystem” means a dynamic complex of plant, animal and micro-organism communities

and their non-living environment interacting as a functional unit.

Convention on Biological Diversity

“Ex-situ conservation” means the conservation of components of biological diversity

outside their natural habitats.

“Genetic material” means any material of plant, animal, microbial or other origin

containing functional units of heredity.

“Genetic resources” means genetic material of actual or potential value.

“Habitat” means the place or type of site where an organism or population naturally occurs.

“In-situ conditions” means conditions where genetic resources exist within ecosystems and

natural habitats, and, in the case of domesticated or cultivated species, in the surroundings

where they have developed their distinctive properties.

“In-situ conservation” means the conservation of ecosystems and natural habitats and the

maintenance and recovery of viable populations of species in their natural surroundings

and, in the case of domesticated or cultivated species, in the surroundings where they have

developed their distinctive properties.

“Protected area” means a geographically dened area which is designated or regulated and

managed to achieve specic conservation objectives.

“Regional economic integration organization” means an organization constituted

by sovereign States of a given region, to which its member States have transferred

competence in respect of matters governed by this Convention and which has been duly

authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or

accede to it.

“Sustainable use” means the use of components of biological diversity in a way and at a

rate that does not lead to the long-term decline of biological diversity, thereby maintaining

its potential to meet the needs and aspirations of present and future generations.

“Technology” includes biotechnology.

Article

PRINCIPLE

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

international law, the sovereign right to exploit their own resources pursuant to their

own environmental policies, and the responsibility to ensure that activities within their

jurisdiction or control do not cause damage to the environment of other States or of areas

beyond the limits of national jurisdiction.

Convention on Biological Diversity

Article

JURISDICTIONAL SCOPE

Subject to the rights of other States, and except as otherwise expressly provided in this

Convention, the provisions of this Convention apply, in relation to each Contracting Party:

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

national jurisdiction; and

(b) In the case of processes and activities, regardless of where their eects occur, carried

out under its jurisdiction or control, within the area of its national jurisdiction or

beyond the limits of national jurisdiction.

Article

COOPERATION

Each Contracting Party shall, as far as possible and as appropriate, cooperate with other

Contracting Parties, directly or, where appropriate, through competent international

organizations, in respect of areas beyond national jurisdiction and on other matters of

mutual interest, for the conservation and sustainable use of biological diversity.

Article

GENERAL MEASURES FOR CONSERVATION

AND SUSTAINABLE USE

Each Contracting Party shall, in accordance with its particular conditions and capabilities:

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

sustainable use of biological diversity or adapt for this purpose existing strategies,

plans or programmes which shall reect, inter alia, the measures set out in this

Convention relevant to the Contracting Party concerned; and

(b) Integrate, as far as possible and as appropriate, the conservation and sustainable use

of biological diversity into relevant sectoral or cross-sectoral plans, programmes

and policies.

Convention on Biological Diversity

Article

IDENTIFICATION AND MONITORING

Each Contracting Party shall, as far as possible and as appropriate, in particular for the

purposes of Articles 8 to 10:

(a) Identify components of biological diversity important for its conservation and

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

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

diversity identied pursuant to subparagraph (a) above, paying particular attention

to those requiring urgent conservation measures and those which oer the greatest

potential for sustainable use;

signicant adverse impacts on the conservation and sustainable use of biological

diversity, and monitor their eects through sampling and other techniques; and

(d) Maintain and organize, by any mechanism data, derived from identication and

monitoring activities pursuant to subparagraphs (a), (b) and (c) above.

Article

IN-SITU CONSERVATION

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

(a) Establish a system of protected areas or areas where special measures need to be

taken to conserve biological diversity;

(b) Develop, where necessary, guidelines for the selection, establishment and

management of protected areas or areas where special measures need to be taken to

conserve biological diversity;

diversity whether within or outside protected areas, with a view to ensuring their

conservation and sustainable use;

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

populations of species in natural surroundings;

(e) Promote environmentally sound and sustainable development in areas adjacent to

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

Convention on Biological Diversity

(f) Rehabilitate and restore degraded ecosystems and promote the recovery of

threatened species, inter alia, through the development and implementation of plans

or other management strategies;

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

the use and release of living modied organisms resulting from biotechnology which

are likely to have adverse environmental impacts that could aect the conservation

and sustainable use of biological diversity, taking also into account the risks to

human health;

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

ecosystems, habitats or species;

(i) Endeavour to provide the conditions needed for compatibility between present

uses and the conservation of biological diversity and the sustainable use of its

components;

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

innovations and practices of indigenous and local communities embodying

traditional lifestyles relevant for the conservation and sustainable use of biological

diversity and promote their wider application with the approval and involvement

of the holders of such knowledge, innovations and practices and encourage the

equitable sharing of the benets arising from the utilization of such knowledge,

innovations and practices;

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

protection of threatened species and populations;

(l) Where a signicant adverse eect on biological diversity has been determined

pursuant to Article 7, regulate or manage the relevant processes and categories of

activities; and

(m) Cooperate in providing nancial and other support for in-situ conservation outlined

in subparagraphs (a) to (l) above, particularly to developing countries.

Article

EX-SITU CONSERVATION

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

the purpose of complementing in-situ measures:

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

preferably in the country of origin of such components;

Convention on Biological Diversity

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

plants, animals and micro-organisms, preferably in the country of origin of

genetic resources;

their reintroduction into their natural habitats under appropriate conditions;

(d) Regulate and manage collection of biological resources from natural habitats for ex-

situ conservation purposes so as not to threaten ecosystems and in-situ populations

of species, except where special temporary ex-situ measures are required under

subparagraph (c) above; and

(e) Cooperate in providing nancial and other support for ex-situ conservation outlined

in subparagraphs (a) to (d) above and in the establishment and maintenance of ex-

situ conservation facilities in developing countries.

Article

SUSTAINABLE USE OF COMPONENTS OF BIOLOGICAL DIVERSITY

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

(a) Integrate consideration of the conservation and sustainable use of biological

resources into national decision-making;

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

adverse impacts on biological diversity;

traditional cultural practices that are compatible with conservation or sustainable

use requirements;

(d) Support local populations to develop and implement remedial action in degraded

areas where biological diversity has been reduced; and

(e) Encourage cooperation between its governmental authorities and its private sector in

developing methods for sustainable use of biological resources.

Convention on Biological Diversity

Article

INCENTIVE MEASURES

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

and socially sound measures that act as incentives for the conservation and sustainable

use of components of biological diversity.

Article

RESEARCH AND TRAINING

e Contracting Parties, taking into account the special needs of developing

countries, shall:

(a) Establish and maintain programmes for scientic and technical education and

training in measures for the identication, conservation and sustainable use of

biological diversity and its components and provide support for such education and

training for the specic needs of developing countries;

(b) Promote and encourage research which contributes to the conservation and

sustainable use of biological diversity, particularly in developing countries, inter

alia, in accordance with decisions of the Conference of the Parties taken in

consequence of recommendations of the Subsidiary Body on Scientic, Technical

and Technological Advice; and

the use of scientic advances in biological diversity research in developing methods

for conservation and sustainable use of biological resources.

Article

PUBLIC EDUCATION AND AWARENESS

e Contracting Parties shall:

(a) Promote and encourage understanding of the importance of, and the measures

required for, the conservation of biological diversity, as well as its propagation

through media, and the inclusion of these topics in educational programmes; and

(b) Cooperate, as appropriate, with other States and international organizations

in developing educational and public awareness programmes, with respect to

conservation and sustainable use of biological diversity.

Convention on Biological Diversity

Article

IMPACT ASSESSMENT AND MINIMIZING ADVERSE IMPACTS

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

(a) Introduce appropriate procedures requiring environmental impact assessment of

its proposed projects that are likely to have signicant adverse eects on biological

diversity with a view to avoiding or minimizing such eects and, where appropriate,

allow for public participation in such procedures;

(b) Introduce appropriate arrangements to ensure that the environmental consequences

of its programmes and policies that are likely to have signicant adverse impacts on

biological diversity are duly taken into account;

consultation on activities under their jurisdiction or control which are likely to

signicantly aect adversely the biological diversity of other States or areas beyond

the limits of national jurisdiction, by encouraging the conclusion of bilateral, regional

or multilateral arrangements, as appropriate;

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

or control, to biological diversity within the area under jurisdiction of other States or

in areas beyond the limits of national jurisdiction, notify immediately the potentially

aected States of such danger or damage, as well as initiate action to prevent or

minimize such danger or damage; and

(e) Promote national arrangements for emergency responses to activities or events,

whether caused naturally or otherwise, which present a grave and imminent danger

to biological diversity and encourage international cooperation to supplement such

national eorts and, where appropriate and agreed by the States or regional economic

integration organizations concerned, to establish joint contingency plans.

2. e Conference of the Parties shall examine, on the basis of studies to be carried out,

the issue of liability and redress, including restoration and compensation, for damage to

biological diversity, except where such liability is a purely internal matter.

Article

ACCESS TO GENETIC RESOURCES

1. Recognizing the sovereign rights of States over their natural resources, the authority

to determine access to genetic resources rests with the national governments and is subject

to national legislation.

Convention on Biological Diversity

2. Each Contracting Party shall endeavour to create conditions to facilitate access to

genetic resources for environmentally sound uses by other Contracting Parties and not to

impose restrictions that run counter to the objectives of this Convention.

3. For the purpose of this Convention, the genetic resources being provided by a

Contracting Party, as referred to in this Article and Articles 16 and 19, are only those that

are provided by Contracting Parties that are countries of origin of such resources or by the

Parties that have acquired the genetic resources in accordance with this Convention.

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

provisions of this Article.

5. Access to genetic resources shall be subject to prior informed consent of the

Contracting Party providing such resources, unless otherwise determined by that Party.

6. Each Contracting Party shall endeavour to develop and carry out scientic

research based on genetic resources provided by other Contracting Parties with the full

participation of, and where possible in, such Contracting Parties.

7. Each Contracting Party shall take legislative, administrative or policy measures, as

appropriate, and in accordance with Articles 16 and 19 and, where necessary, through the

nancial mechanism established by Articles 20 and 21 with the aim of sharing in a fair

and equitable way the results of research and development and the benets arising from

the commercial and other utilization of genetic resources with the Contracting Party

providing such resources. Such sharing shall be upon mutually agreed terms.

Article

ACCESS TO AND TRANSFER OF TECHNOLOGY

1. Each Contracting Party, recognizing that technology includes biotechnology, and

that both access to and transfer of technology among Contracting Parties are essential

elements for the attainment of the objectives of this Convention, undertakes subject to

the provisions of this Article to provide and/or facilitate access for and transfer to other

Contracting Parties of technologies that are relevant to the conservation and sustainable

use of biological diversity or make use of genetic resources and do not cause signicant

damage to the environment.

2. Access to and transfer of technology referred to in paragraph 1 above to developing

countries shall be provided and/or facilitated under fair and most favourable terms,

including on concessional and preferential terms where mutually agreed, and, where

necessary, in accordance with the nancial mechanism established by Articles 20 and 21.

In the case of technology subject to patents and other intellectual property rights, such

access and transfer shall be provided on terms which recognize and are consistent with

the adequate and eective protection of intellectual property rights. e application of this

paragraph shall be consistent with paragraphs 3, 4 and 5 below.

Convention on Biological Diversity

3. Each Contracting Party shall take legislative, administrative or policy measures, as

appropriate, with the aim that Contracting Parties, in particular those that are developing

countries, which provide genetic resources are provided access to and transfer of

technology which makes use of those resources, on mutually agreed terms, including

technology protected by patents and other intellectual property rights, where necessary,

through the provisions of Articles 20 and 21 and in accordance with international law and

consistent with paragraphs 4 and 5 below.

4. Each Contracting Party shall take legislative, administrative or policy measures, as

appropriate, with the aim that the private sector facilitates access to, joint development

and transfer of technology referred to in paragraph 1 above for the benet of both

governmental institutions and the private sector of developing countries and in this regard

shall abide by the obligations included in paragraphs 1, 2 and 3 above.

5. e Contracting Parties, recognizing that patents and other intellectual property

rights may have an inuence on the implementation of this Convention, shall cooperate

in this regard subject to national legislation and international law in order to ensure that

such rights are supportive of and do not run counter to its objectives.

Article

EXCHANGE OF INFORMATION

1. e Contracting Parties shall facilitate the exchange of information, from all publicly

available sources, relevant to the conservation and sustainable use of biological diversity,

taking into account the special needs of developing countries.

2. Such exchange of information shall include exchange of results of technical,

scientic and socio-economic research, as well as information on training and surveying

programmes, specialized knowledge, indigenous and traditional knowledge as such and

in combination with the technologies referred to in Article 16, paragraph 1. It shall also,

where feasible, include repatriation of information.

Article

TECHNICAL AND SCIENTIFIC COOPERATION

1. e Contracting Parties shall promote international technical and scientic

cooperation in the eld 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 scientic cooperation with

other Contracting Parties, in particular developing countries, in implementing this

Convention, inter alia, through the development and implementation of national policies.

In promoting such cooperation, special attention should be given to the development and

Convention on Biological Diversity

strengthening of national capabilities, by means of human resources development and

institution building.

3. e Conference of the Parties, at its rst meeting, shall determine how to establish a

clearing-house mechanism to promote and facilitate technical and scientic cooperation.

4. e Contracting Parties shall, in accordance with national legislation and policies,

encourage and develop methods of cooperation for the development and use of

technologies, including indigenous and traditional technologies, in pursuance of the

objectives of this Convention. For this purpose, the Contracting Parties shall also promote

cooperation in the training of personnel and exchange of experts.

5. e Contracting Parties shall, subject to mutual agreement, promote the

establishment of joint research programmes and joint ventures for the development of

technologies relevant to the objectives of this Convention.

Article

HANDLING OF BIOTECHNOLOGY AND

DISTRIBUTION OF ITS BENEFITS

1. Each Contracting Party shall take legislative, administrative or policy measures,

as appropriate, to provide for the eective participation in biotechnological research

activities by those Contracting Parties, especially developing countries, which provide the

genetic resources for such research, and where feasible in such Contracting Parties.

2. Each Contracting Party shall take all practicable measures to promote and advance

priority access on a fair and equitable basis by Contracting Parties, especially developing

countries, to the results and benets arising from biotechnologies based upon genetic

resources provided by those Contracting Parties. Such access shall be on mutually

agreed terms.

3. e Parties shall consider the need for and modalities of a protocol setting out

appropriate procedures, including, in particular, advance informed agreement, in the

eld of the safe transfer, handling and use of any living modied organism resulting from

biotechnology that may have adverse eect on the conservation and sustainable use of

biological diversity.

4. Each Contracting Party shall, directly or by requiring any natural or legal person

under its jurisdiction providing the organisms referred to in paragraph 3 above,

provide any available information about the use and safety regulations required by that

Contracting Party in handling such organisms, as well as any available information on

the potential adverse impact of the specic organisms concerned to the Contracting Party

into which those organisms are to be introduced.

Convention on Biological Diversity

Article

FINANCIAL RESOURCES

1. Each Contracting Party undertakes to provide, in accordance with its capabilities,

nancial support and incentives in respect of those national activities which are intended

to achieve the objectives of this Convention, in accordance with its national plans,

priorities and programmes.

2. e developed country Parties shall provide new and additional nancial resources

to enable developing country Parties to meet the agreed full incremental costs to them

of implementing measures which full the obligations of this Convention and to benet

from its provisions and which costs are agreed between a developing country Party and

the institutional structure referred to in Article 21, in accordance with policy, strategy,

programme priorities and eligibility criteria and an indicative list of incremental

costs established by the Conference of the Parties. Other Parties, including countries

undergoing the process of transition to a market economy, may voluntarily assume

the obligations of the developed country Parties. For the purpose of this Article, the

Conference of the Parties, shall at its rst meeting establish a list of developed country

Parties and other Parties which voluntarily assume the obligations of the developed

country Parties. e Conference of the Parties shall periodically review and if necessary

amend the list. Contributions from other countries and sources on a voluntary basis

would also be encouraged. e implementation of these commitments shall take into

account the need for adequacy, predictability and timely ow of funds and the importance

of burden-sharing among the contributing Parties included in the list.

3. e developed country Parties may also provide, and developing country Parties

avail themselves of, nancial resources related to the implementation of this Convention

through bilateral, regional and other multilateral channels.

4. e extent to which developing country Parties will eectively implement their

commitments under this Convention will depend on the eective implementation

by developed country Parties of their commitments under this Convention related to

nancial resources and transfer of technology and will take fully into account the fact that

economic and social development and eradication of poverty are the rst and overriding

priorities of the developing country Parties.

5. e Parties shall take full account of the specic needs and special situation of least

developed countries in their actions with regard to funding and transfer of technology.

6. e Contracting Parties shall also take into consideration the special conditions

resulting from the dependence on, distribution and location of, biological diversity within

developing country Parties, in particular small island States.

Convention on Biological Diversity

7. Consideration shall also be given to the special situation of developing countries,

including those that are most environmentally vulnerable, such as those with arid and

semi- arid zones, coastal and mountainous areas.

Article

FINANCIAL MECHANISM

1. ere shall be a mechanism for the provision of nancial resources to developing

country Parties for purposes of this Convention on a grant or concessional basis the

essential elements of which are described in this Article. e mechanism shall function

under the authority and guidance of, and be accountable to, the Conference of the Parties

for purposes of this Convention. e operations of the mechanism shall be carried out

by such institutional structure as may be decided upon by the Conference of the Parties

at its rst meeting. For purposes of this Convention, the Conference of the Parties shall

determine the policy, strategy, programme priorities and eligibility criteria relating to

the access to and utilization of such resources. e contributions shall be such as to take

into account the need for predictability, adequacy and timely ow of funds referred to in

Article 20 in accordance with the amount of resources needed to be decided periodically

by the Conference of the Parties and the importance of burden-sharing among the

contributing Parties included in the list referred to in Article 20, paragraph 2. Voluntary

contributions may also be made by the developed country Parties and by other countries

and sources. e mechanism shall operate within a democratic and transparent system of

governance.

2. Pursuant to the objectives of this Convention, the Conference of the Parties shall

at its rst meeting determine the policy, strategy and programme priorities, as well as

detailed criteria and guidelines for eligibility for access to and utilization of the nancial

resources including monitoring and evaluation on a regular basis of such utilization. e

Conference of the Parties shall decide on the arrangements to give eect to paragraph 1

above aer consultation with the institutional structure entrusted with the operation of

the nancial mechanism.

3. e Conference of the Parties shall review the eectiveness of the mechanism

established under this Article, including the criteria and guidelines referred to in

paragraph 2 above, not less than two years aer the entry into force of this Convention

and thereaer on a regular basis. Based on such review, it shall take appropriate action to

improve the eectiveness of the mechanism if necessary.

4. e Contracting Parties shall consider strengthening existing nancial institutions to

provide nancial resources for the conservation and sustainable use of biological diversity.

Convention on Biological Diversity

Article

RELATIONSHIP WITH OTHER INTERNATIONAL CONVENTIONS

1. e provisions of this Convention shall not aect the rights and obligations of any

Contracting Party deriving from any existing international agreement, except where

the exercise of those rights and obligations would cause a serious damage or threat to

biological diversity.

2. Contracting Parties shall implement this Convention with respect to the marine

environment consistently with the rights and obligations of States under the law of the sea.

Article

CONFERENCE OF THE PARTIES

1. A Conference of the Parties is hereby established. e rst meeting of the Conference

of the Parties shall be convened by the Executive Director of the United Nations

Environment Programme not later than one year aer the entry into force of this

Convention. ereaer, ordinary meetings of the Conference of the Parties shall be held at

regular intervals to be determined by the Conference at its rst meeting.

2. Extraordinary meetings of the Conference of the Parties shall be held at such other

times as may be deemed necessary by the Conference, or at the written request of any

Party, provided that, within six months of the request being communicated to them by the

Secretariat, it is supported by at least one third of the Parties.

3. e Conference of the Parties shall by consensus agree upon and adopt rules of

procedure for itself and for any subsidiary body it may establish, as well as nancial rules

governing the funding of the Secretariat. At each ordinary meeting, it shall adopt a budget

for the nancial period until the next ordinary meeting.

4. e Conference of the Parties shall keep under review the implementation of this

Convention, and, for this purpose, shall:

(a) Establish the form and the intervals for transmitting the information to be submitted

in accordance with Article 26 and consider such information as well as reports

submitted by any subsidiary body;

(b) Review scientic, technical and technological advice on biological diversity provided

in accordance with Article 25;

Convention on Biological Diversity

(d) Consider and adopt, as required, in accordance with Articles 29 and 30, amendments

to this Convention and its annexes;

(e) Consider amendments to any protocol, as well as to any annexes thereto, and, if so

decided, recommend their adoption to the parties to the protocol concerned;

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

this Convention;

(g) Establish such subsidiary bodies, particularly to provide scientic and technical

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

(h) Contact, through the Secretariat, the executive bodies of conventions dealing with

matters covered by this Convention with a view to establishing appropriate forms of

cooperation with them; and

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

achievement of the purposes of this Convention in the light of experience gained in

its operation.

5. e United Nations, its specialized agencies and the International Atomic Energy

Agency, as well as any State not Party to this Convention, may be represented as

observers at meetings of the Conference of the Parties. Any other body or agency,

whether governmental or non-governmental, qualied in elds relating to conservation

and sustainable use of biological diversity, which has informed the Secretariat of its

wish to be represented as an observer at a meeting of the Conference of the Parties,

may be admitted unless at least one third of the Parties present object. e admission

and participation of observers shall be subject to the rules of procedure adopted by the

Conference of the Parties.

Article

SECRETARIAT

1. A secretariat is hereby established. Its functions shall be:

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

Article 23;

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

present them to the Conference of the Parties;

Convention on Biological Diversity

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

into such administrative and contractual arrangements as may be required for the

eective discharge of its functions; and

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

Parties.

2. At its rst ordinary meeting, the Conference of the Parties shall designate the

secretariat from amongst those existing competent international organizations which have

signied their willingness to carry out the secretariat functions under this Convention.

Article

SUBSIDIARY BODY ON SCIENTIFIC,

TECHNICAL AND TECHNOLOGICAL ADVICE

1. A subsidiary body for the provision of scientic, technical and technological advice is

hereby established to provide the Conference of the Parties and, as appropriate, its other

subsidiary bodies with timely advice relating to the implementation of this Convention.

is body shall be open to participation by all Parties and shall be multidisciplinary. It

shall comprise government representatives competent in the relevant eld of expertise. It

shall report regularly to the Conference of the Parties on all aspects of its work.

2. Under the authority of and in accordance with guidelines laid down by the

Conference of the Parties, and upon its request, this body shall:

(a) Provide scientic and technical assessments of the status of biological diversity;

(b) Prepare scientic and technical assessments of the eects of types of measures taken

in accordance with the provisions of this Convention;

to the conservation and sustainable use of biological diversity and advise on the ways

and means of promoting development and/or transferring such technologies;

(d) Provide advice on scientic programmes and international cooperation in research

and development related to conservation and sustainable use of biological diversity;

and

(e) Respond to scientic, technical, technological and methodological questions that the

Conference of the Parties and its subsidiary bodies may put to the body.

3. e functions, terms of reference, organization and operation of this body may be

further elaborated by the Conference of the Parties.

Convention on Biological Diversity

Article

REPORTS

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

Parties, present to the Conference of the Parties, reports on measures which it has taken

for the implementation of the provisions of this Convention and their eectiveness in

meeting the objectives of this Convention.

Article

SETTLEMENT OF DISPUTES

1. In the event of a dispute between Contracting Parties concerning the interpretation

or application of this Convention, the parties concerned shall seek solution by negotiation.

2. If the parties concerned cannot reach agreement by negotiation, they may jointly seek

the good oces of, or request mediation by, a third party.

3. When ratifying, accepting, approving or acceding to this Convention, or at any time

thereaer, a State or regional economic integration organization may declare in writing

to the Depositary that for a dispute not resolved in accordance with paragraph 1 or

paragraph 2 above, it accepts one or both of the following means of dispute settlement as

compulsory:

(a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II;

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

4. If the parties to the dispute have not, in accordance with paragaph 3 above, accepted

the same or any procedure, the dispute shall be submitted to conciliation in accordance

with Part 2 of Annex II unless the parties otherwise agree.

5. e provisions of this Article shall apply with respect to any protocol except as

otherwise provided in the protocol concerned.

Article

ADOPTION OF PROTOCOLS

1. e Contracting Parties shall cooperate in the formulation and adoption of protocols

to this Convention.

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

Convention on Biological Diversity

3. e text of any proposed protocol shall be communicated to the Contracting Parties

by the Secretariat at least six months before such a meeting.

Article

AMENDMENT OF THE CONVENTION OR PROTOCOLS

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

Amendments to any protocol may be proposed by any Party to that protocol.

2. Amendments to this Convention shall be adopted at a meeting of the Conference

of the Parties. Amendments to any protocol shall be adopted at a meeting of the Parties

to the Protocol in question. e text of any proposed amendment to this Convention

or to any protocol, except as may otherwise be provided in such protocol, shall be

communicated to the Parties to the instrument in question by the secretariat at least six

months before the meeting at which it is proposed for adoption. e secretariat shall

also communicate proposed amendments to the signatories to this Convention for

information.

3. e Parties shall make every eort to reach agreement on any proposed amendment

to this Convention or to any protocol by consensus. If all eorts at consensus have been

exhausted, and no agreement reached, the amendment shall as a last resort be adopted by

a two-third majority vote of the Parties to the instrument in question present and voting

at the meeting, and shall be submitted by the Depositary to all Parties for ratication,

acceptance or approval.

4. Ratication, acceptance or approval of amendments shall be notied to the

Depositary in writing. Amendments adopted in accordance with paragraph 3 above

shall enter into force among Parties having accepted them on the ninetieth day aer the

deposit of instruments of ratication, 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. ereaer the amendments shall enter

into force for any other Party on the ninetieth day aer that Party deposits its instrument

of ratication, acceptance or approval of the amendments.

5. For the purposes of this Article, “Parties present and voting” means Parties present

and casting an armative or negative vote.

Article

ADOPTION AND AMENDMENT OF ANNEXES

1. e annexes to this Convention or to any protocol shall form an integral part of

the Convention or of such protocol, as the case may be, and, unless expressly provided

Convention on Biological Diversity

otherwise, a reference to this Convention or its protocols constitutes at the same time a

reference to any annexes thereto. Such annexes shall be restricted to procedural, scientic,

technical and administrative matters.

2. Except as may be otherwise provided in any protocol with respect to its annexes,

the following procedure shall apply to the proposal, adoption and entry into force of

additional annexes to this Convention or of annexes to any protocol:

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

according to the procedure laid down in Article 29;

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

an annex to any protocol to which it is Party shall so notify the Depositary, in

writing, within one year from the date of the communication of the adoption by

the Depositary. e Depositary shall without delay notify all Parties of any such

notication received. A Party may at any time withdraw a previous declaration of

objection and the annexes shall thereupon enter into force for that Party subject to

subparagraph (c) below;

Depositary, the annex shall enter into force for all Parties to this Convention or to

any protocol concerned which have not submitted a notication in accordance with

the provisions of subparagraph (b) above.

3. e proposal, adoption and entry into force of amendments to annexes to this

Convention or to any protocol shall be subject to the same procedure as for the proposal,

adoption and entry into force of annexes to the Convention or annexes to any protocol.

4. If an additional annex or an amendment to an annex is related to an amendment

to this Convention or to any protocol, the additional annex or amendment shall not

enter into force until such time as the amendment to the Convention or to the protocol

concerned enters into force.

Article

RIGHT TO VOTE

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

Convention or to any protocol shall have one vote.

2. Regional economic integration organizations, in matters within their competence,

shall exercise their right to vote with a number of votes equal to the number of their

member States which are Contracting Parties to this Convention or the relevant protocol.

Such organizations shall not exercise their right to vote if their member States exercise

theirs, and vice versa.

Convention on Biological Diversity

Article

RELATIONSHIP BETWEEN THIS CONVENTION

AND ITS PROTOCOLS

1. A State or a regional economic integration organization may not become a Party to a

protocol unless it is, or becomes at the same time, a Contracting Party to this Convention.

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

concerned. Any Contracting Party that has not ratied, accepted or approved a protocol

may participate as an observer in any meeting of the parties to that protocol.

Article

SIGNATURE

is Convention shall be open for signature at Rio de Janeiro by all States and any regional

economic integration organization from 5 June 1992 until 14 June 1992, and at the United

Nations Headquarters in New York from 15 June 1992 to 4 June 1993.

Article

RATIFICATION, ACCEPTANCE OR APPROVAL

1. is Convention and any protocol shall be subject to ratication, acceptance or

approval by States and by regional economic integration organizations. Instruments of

ratication, acceptance or approval shall be deposited with the Depositary.

2. Any organization referred to in paragraph 1 above which becomes a Contracting

Party to this Convention or any protocol without any of its member States being a

Contracting Party shall be bound by all the obligations under the Convention or the

protocol, as the case may be. In the case of such organizations, one or more of whose

member States is a Contracting Party to this Convention or relevant protocol, the

organization and its member States shall decide on their respective responsibilities for the

performance of their obligations under the Convention or protocol, as the case may be. In

such cases, the organization and the member States shall not be entitled to exercise rights

under the Convention or relevant protocol concurrently.

3. In their instruments of ratication, acceptance or approval, the organizations referred

to in paragraph 1 above shall declare the extent of their competence with respect to the

matters governed by the Convention or the relevant protocol. ese organizations shall

also inform the Depositary of any relevant modication in the extent of their competence.

Convention on Biological Diversity

Article

ACCESSION

1. is Convention and any protocol shall be open for accession by States and by

regional economic integration organizations from the date on which the Convention

or the protocol concerned is closed for signature. e instruments of accession shall be

deposited with the Depositary.

2. In their instruments of accession, the organizations referred to in paragraph 1 above

shall declare the extent of their competence with respect to the matters governed by the

Convention or the relevant protocol. ese organizations shall also inform the Depositary

of any relevant modication in the extent of their competence.

3. e provisions of Article 34, paragraph 2, shall apply to regional economic

integration organizations which accede to this Convention or any protocol.

Article

ENTRY INTO FORCE

1. is Convention shall enter into force on the ninetieth day aer the date of deposit of

the thirtieth instrument of ratication, acceptance, approval or accession.

2. Any protocol shall enter into force on the ninetieth day aer the date of deposit of the

number of instruments of ratication, acceptance, approval or accession, specied in that

protocol, has been deposited.

3. For each Contracting Party which raties, accepts or approves this Convention or

accedes thereto aer the deposit of the thirtieth instrument of ratication, acceptance,

approval or accession, it shall enter into force on the ninetieth day aer the date of deposit

by such Contracting Party of its instrument of ratication, acceptance, approval or

accession.

4. Any protocol, except as otherwise provided in such protocol, shall enter into force

for a Contracting Party that raties, accepts or approves that protocol or accedes thereto

aer its entry into force pursuant to paragraph 2 above, on the ninetieth day aer the

date on which that Contracting Party deposits its instrument of ratication, acceptance,

approval or accession, or on the date on which this Convention enters into force for that

Contracting Party, whichever shall be the later.

5. For the purposes of paragraphs 1 and 2 above, any instrument deposited by a regional

economic integration organization shall not be counted as additional to those deposited

by member States of such organization.

Convention on Biological Diversity

Article

RESERVATIONS

No reservations may be made to this Convention.

Article

WITHDRAWALS

1. At any time aer two years from the date on which this Convention has entered into

force for a Contracting Party, that Contracting Party may withdraw from the Convention

by giving written notication to the Depositary.

2. Any such withdrawal shall take place upon expiry of one year aer the date of its

receipt by the Depositary, or on such later date as may be specied in the notication 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

FINANCIAL INTERIM ARRANGEMENTS

Provided that it has been fully restructured in accordance with the requirements of Article

21, the Global Environment Facility of the United Nations Development Programme, the

United Nations Environment Programme and the International Bank for Reconstruction

and Development shall be the institutional structure referred to in Article 21 on an

interim basis, for the period between the entry into force of this Convention and the rst

meeting of the Conference of the Parties or until the Conference of the Parties decides

which institutional structure will be designated in accordance with Article 21.

Article

SECRETARIAT INTERIM ARRANGEMENTS

e secretariat to be provided by the Executive Director of the United Nations

Environment Programme shall be the secretariat referred to in Article 24, paragraph 2,

on an interim basis for the period between the entry into force of this Convention and the

rst meeting of the Conference of the Parties.

Convention on Biological Diversity

Article

DEPOSITARY

e Secretary-General of the United Nations shall assume the functions of Depositary of

this Convention and any protocols.

Article

AUTHENTIC TEXTS

e 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 eect, have

signed this Convention.

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

Convention on Biological Diversity

ANNEX I

IDENTIFICATION AND MONITORING

1. Ecosystems and habitats: containing high diversity, large numbers of endemic or

threatened species, or wilderness; required by migratory species; of social, economic,

cultural or scientic importance; or, which are representative, unique or associated with

key evolutionary or other biological processes;

2. Species and communities which are: threatened; wild relatives of domesticated or

cultivated species; of medicinal, agricultural or other economic value; or social, scientic

or cultural importance; or importance for research into the conservation and sustainable

use of biological diversity, such as indicator species; and

3. Described genomes and genes of social, scientic or economic importance.

ANNEX II

Part 1

ARBITRATION

Article 1

e claimant party shall notify the secretariat that the parties are referring a dispute

to arbitration pursuant to Article 27. e notication shall state the subject-matter of

arbitration and include, in particular, the articles of the Convention or the protocol,

the interpretation or application of which are at issue. If the parties do not agree on the

subject matter of the dispute before the President of the tribunal is designated, the arbitral

tribunal shall determine the subject matter. e secretariat shall forward the information

thus received to all Contracting Parties to this Convention or to the protocol concerned.

Article 2

1. In disputes between two parties, the arbitral tribunal shall consist of three members.

Each of the parties to the dispute shall appoint an arbitrator and the two arbitrators so

appointed shall designate by common agreement the third arbitrator who shall be the

President of the tribunal. e latter shall not be a national of one of the parties to the

dispute, nor have his or her usual place of residence in the territory of one of these parties,

nor be employed by any of them, nor have dealt with the case in any other capacity.

2. In disputes between more than two parties, parties in the same interest shall appoint

one arbitrator jointly by agreement.

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

Article 3

1. If the President of the arbitral tribunal has not been designated within two months

of the appointment of the second arbitrator, the Secretary-General of the United Nations

shall, at the request of a party, designate the President within a further two-month period.

Convention on Biological Diversity

2. If one of the parties to the dispute does not appoint an arbitrator within two months

of receipt of the request, the other party may inform the Secretary-General who shall

make the designation within a further two-month period.

Article 4

e arbitral tribunal shall render its decisions in accordance with the provisions of this

Convention, any protocols concerned, and international law.

Article 5

Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its

own rules of procedure.

Article 6

e arbitral tribunal may, at the request of one of the parties, recommend essential

interim measures of protection.

Article 7

e parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular,

using all means at their disposal, shall:

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

(b) Enable it, when necessary, to call witnesses or experts and receive their evidence.

Article 8

e parties and the arbitrators are under an obligation to protect the condentiality of any

information they receive in condence during the proceedings of the arbitral tribunal.

Article 9

Unless the arbitral tribunal determines otherwise because of the particular circumstances

of the case, the costs of the tribunal shall be borne by the parties to the dispute in equal

shares. e tribunal shall keep a record of all its costs, and shall furnish a nal statement

thereof to the parties.

Article 10

Any Contracting Party that has an interest of a legal nature in the subject-matter of

the dispute which may be aected by the decision in the case, may intervene in the

proceedings with the consent of the tribunal.

Article 11

e tribunal may hear and determine counterclaims arising directly out of the subject-

matter of the dispute.

Article 12

Decisions both on procedure and substance of the arbitral tribunal shall be taken by a

majority vote of its members.

Convention on Biological Diversity

Article 13

If one of the parties to the dispute does not appear before the arbitral tribunal or fails to

defend its case, the other party may request the tribunal to continue the proceedings and

to make its award. Absence of a party or a failure of a party to defend its case shall not

constitute a bar to the proceedings. Before rendering its nal decision, the arbitral tribunal

must satisfy itself that the claim is well founded in fact and law.

Article 14

e tribunal shall render its nal decision within ve months of the date on which it is

fully constituted unless it nds it necessary to extend the time-limit for a period which

should not exceed ve more months.

Article 15

e nal decision of the arbitral tribunal shall be conned 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 have participated and the date of the nal decision. Any member of the

tribunal may attach a separate or dissenting opinion to the nal decision.

Article 16

e award shall be binding on the parties to the dispute. It shall be without appeal unless

the parties to the dispute have agreed in advance to an appellate procedure.

Article 17

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

interpretation or manner of implementation of the nal decision may be submitted by

either party for decision to the arbitral tribunal which rendered it.

Part 2

CONCILIATION

Article 1

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

dispute. e commission shall, unless the parties otherwise agree, be composed of ve

members, two appointed by each Party concerned and a President chosen jointly by those

members.

Article 2

In disputes between more than two parties, parties in the same interest shall appoint

their members of the commission jointly by agreement. Where two or more parties have

separate interests or there is a disagreement as to whether they are of the same interest,

they shall appoint their members separately.

Article 3

If any appointments by the parties are not made within two months of the date of the

request to create a conciliation commission, the Secretary-General of the United Nations

shall, if asked to do so by the party that made the request, make those appointments

Convention on Biological Diversity

within a further two-month period.

Article 4

If a President of the conciliation commission has not been chosen within two months of

the last of the members of the commission being appointed, the Secretary-General of the

United Nations shall, if asked to do so by a party, designate a President within a further

two-month period.

Article 5

e conciliation commission shall take its decisions by majority vote of its members. It

shall, unless the parties to the dispute otherwise agree, determine its own procedure. It

shall render a proposal for resolution of the dispute, which the parties shall consider in

good faith.

Article 6

A disagreement as to whether the conciliation commission has competence shall be

decided by the commission.

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