LAW 162 1994
Official Gazette No. 41521 of September 1, 1994
Through which the "Convention on Biological Diversity" is approved, made in Rio de Janeiro on 5 June 1992. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Convention on Biological Diversity", made in Rio de Janeiro on 5 June 1992.
CONVENTION ON BIOLOGICAL DIVERSITY PREAMBLE
the Contracting Parties
Conscious of the intrinsic value of biodiversity and genetic, social, economic, scientific, educational, cultural, recreational and aesthetic values of biological diversity and its components ecological, likewise aware
the importance of biological diversity for evolution and for maintaining the necessary systems for the life of the biosphere,
Affirming that the conservation of biological diversity is a common concern of humankind, Reaffirming that
States have sovereign rights over their own biological resources,
Reaffirming also that States are responsible for conserving their biological diversity and the sustainable use of their biological resources,
Concerned by the considerable reduction of biodiversity as a result of certain human activities,
Aware of the general lack of information and knowledge about biodiversity and the urgent need to develop scientific, technical and institutional capacities to provide the basic understanding upon which to plan and implement appropriate measures,
Noting that it is vital to anticipate, prevent and attack the causes of source reduction or loss of biological diversity,
Noting also that where there is a threat of significant reduction or loss of biological diversity should not be invoked lack of full scientific certainty as a reason for postponing measures to avoid or minimize such a threat,
Noting also 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 it plays an important role
Recognizing the close and traditional dependence many local communities and indigenous populations with traditional lifestyles based on biological resources, and the desirability of sharing equitably benefits arising from the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and sustainable use of its components.
Likewise Recognizing the crucial role of women in the conservation and sustainable use of biological diversity and affirming the need for the full participation of women at all levels of the formulation and implementation of policies aimed at conservation biodiversity.
Stressing the importance and the need to promote international, regional and global cooperation among States and intergovernmental and non-governmental sector for the conservation of biological diversity and the sustainable use of its components, Recognizing that
expected that the provision of adequate, new and additional financial resources and appropriate access to relevant technologies can significantly change the global capacity to cope with the loss of biological diversity,
Recognizing the need to adopt special provisions for meet the needs of developing countries, including the provision of new and additional financial resources and appropriate access to relevant technologies,
Noting in this regard the special conditions of the least developed countries and small states island,
Acknowledging that substantial investments are required to conserve biological diversity and that these investments can be expected to involve a wide range of ecological, economic and social benefits,
Recognizing that economic and social development and the eradication of poverty are first and overriding priorities of developing countries,
Aware that conservation and sustainable use of biodiversity are critical to meeting the food, health and other needs of the growing world population, which are essential for access to genetic resources and technologies, and participation in those resources and technologies,
Noting that, ultimately, the conservation and sustainable use of biological diversity will strengthen friendly relations among States and contribute to the peace of humanity.
Desiring to enhance and complement existing international arrangements for the conservation of biological diversity and the sustainable use of its components, and
Determined to conserve and sustainably use biological diversity for the benefit of present and future generations.
Have agreed as follows: ARTICLE 1o
. OBJECTIVES. The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of benefits arising from the use of resources genetic, through, inter alia, 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.
. TERMS USED. For the purposes of this Convention:
By "protected area" means a geographically defined area which is designated or regulated and managed to achieve specific conservation objectives area.
"Biotechnology" means any technological application that uses biological systems, living organisms or derivatives thereof, to make or modify products or processes for specific use.
By "in situ conditions" 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.
By "ex situ conservation" means the conservation of components of biological diversity outside their natural habitats.
By "conservation in situ" 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 and cultivated species, in the surroundings they have developed their distinctive properties.
"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.
By "ecosystem" it means a dynamic complex of plant, animal and micro-organisms and their non-living environment interacting as a functional unit.
By "domesticated or cultivated species" it means a species whose evolutionary process influenced humans to meet their own needs.
By "habitat" means the place or type of environment in which exist naturally an organism or a population.
"Genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity.
By "regional economic integration organization" means an organization constituted by sovereign States of a given region to which its Member States have transferred competence over matters governed by this Convention and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept or approve this Convention or accede to it.
"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 ex situ sources, which may or may not have originated in that country .
By "biological resources" they are understood genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems of value or actual or potential for humanity.
"Genetic resources" potential genetic material of actual value or understood the term "technology" includes biotechnology.
"Sustainable use" means the use of components of biological diversity in a way and at a rate that does not lead the long-term decline of biological diversity, thereby maintaining its potential to meet the needs remain and aspirations of present and future generations.
ARTICLE 3. BEGINNING. Under the United Nations Charter and the principles of international law, states have the sovereign right to exploit their own resources pursuant to their own environmental policies and the obligation to ensure that activities carried out within their jurisdiction or control do not harm the environment of other States or of areas beyond national jurisdiction.
ARTICLE 4. JURISDICTIONAL SCOPE. Subject to the rights of other States, and unless otherwise expressly provided in this Agreement, 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 national jurisdiction; and
b) In the case of processes and activities carried out under its jurisdiction or control, regardless of where their effects occur inside or outside areas under national jurisdiction.
The 5th ITEM. 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, with regard to non-national jurisdiction areas, and other issues of common concern for the conservation and sustainable use of biodiversity.
ARTICLE 6o. GENERAL MEASURES FOR THE PURPOSES OF CONSERVATION AND SUSTAINABLE USE. Each Contracting Party shall, in accordance with its particular conditions and capabilities:
a) Develop national strategies, plans or programs for the conservation and sustainable use of biological diversity or adapt for this purpose existing strategies, plans or programs which they shall reflect, inter alia, the measures set out in this Convention relevant to the Contracting party; and
b) Integrate, as far as possible and as appropriate the conservation and sustainable use of biological diversity into plans, programs and sectoral or cross-sectoral policies.
ARTICLE 7. IDENTIFICATION AND TRACKING. 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 conservation and sustainable use having consideration the indicative list of categories set down in Annex I;
B) Monitor, through sampling and other techniques, the components of biological diversity identified in accordance with paragraph a), paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use;
C) Identify processes and categories of activities which have or are likely to have significant adverse effects on the conservation and sustainable use of biological diversity and through sampling and other techniques, to monitor their effects; and
d) Maintain and organize, by any mechanism data, derived from identification and monitoring activities pursuant to subparagraphs a), b) and c) of this article.
Article 8. CONSERVATION IN SITU. 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) Where necessary, guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity;
C) Regulate or manage biological resources important for the conservation of biodiversity, either within or outside protected areas, to ensure their conservation and sustainable use;
D) Promote the protection of ecosystems and natural habitats and the maintenance of viable populations of species in natural surroundings;
E) Promote environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of these areas;
F) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, including through the development and implementation of plans or other management strategies;
G) Establish or maintain means to regulate, manage or control the risks arising from the use and release of living modified organisms resulting from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity, taking also into account 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 necessary to harmonize current 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 holders of such knowledge, innovations and practices and encourage the benefits arising from the utilization of such knowledge, innovations and practices are shared equitably;
K) Develop or maintain necessary legislation and / or other regulatory provisions for the protection of threatened species and populations;
L) When it has been determined, in accordance with article 7, a significant adverse effect on biological diversity, regulate or manage the relevant processes and categories of activities.; and
m) Cooperate in providing financial and other support for nature conservation in situ referred to in paragraphs a)) of this article, particularly to developing countries.
Article 9. EX SITU CONSERVATION. Each Contracting Party shall, as far as possible and as appropriate, and mainly to complement in situ measures:
a) Adopt measures for the ex situ conservation of components of biological diversity, preferably in the country of origin of such components;
B) Establish and maintain facilities for ex situ conservation and research on plants, animals and microorganisms, preferably in the country of origin of genetic resources;
C) Adopt measures for the recovery and rehabilitation of threatened species and for their reintroduction into their natural habitats under appropriate conditions;
D) Regulate and manage collection of biological resources from natural habitats for ex situ conservation purposes, in order not to threaten ecosystems and in-situ populations of species, except where special measures are required ex situ as temporary paragraph c) of this article; and
e) Cooperate in providing financial and other support for ex situ nature conservation outlined in subparagraphs a) to d) of this article and in the establishment and maintenance of facilities for ex situ conservation in countries Developing.
ARTICLE 10. SUSTAINABLE USE OF COMPONENTS OF BIOLOGICAL DIVERSITY. Each Contracting Party shall, as far as possible and as appropriate:
a) Integrate consideration of the conservation and sustainable use of biological resources into national decision-making;
B) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity;
C) Protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with the requirements of conservation or sustainable use;
D) Support local populations to develop and implement remedial action in degraded areas where biological diversity has been reduced; and
e) Encourage cooperation between its governmental authorities and its private sector in developing methods for sustainable use of biological resources.
ARTICLE 11. INCENTIVES. Each Contracting Party shall, as far as possible and as appropriate, adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity.
ARTICLE 12. RESEARCH AND TRAINING. The Contracting Parties, taking into account the special needs of developing countries:
A) Establish and maintain programs for scientific and technical education and training in measures for the identification, conservation and sustainable use of biological diversity and its components and provide support for that purpose for the specific needs of developing countries;
B) Promote and encourage research which contributes to conservation and sustainable use of biological diversity, particularly in developing countries, inter alia, in accordance with the decisions taken by the Conference of the Parties following the recommendations of the subsidiary body for scientific, technical and technological advice; and
c) In accordance with the provisions of Articles 16, 18 and 20, promote the use of scientific advances in biodiversity research in developing methods for conservation and sustainable use of biological resources, and shall cooperate in this area.
ARTICLE 13. EDUCATION AND PUBLIC AWARENESS. The Contracting Parties:
a) Promote and encourage understanding of the importance of conservation of biological diversity and the necessary measures to that effect, as well as its propagation through media, and the inclusion of those topics in education programs; and
b) Co-operate, as appropriate, with other States and international organizations in developing education programs and public awareness with regard to the conservation and sustainable use of biodiversity.
ARTICLE 14 IMPACT ASSESSMENT AND MINIMIZING ADVERSE IMPACTS.
1. Each Contracting Party shall, as far as possible and as appropriate:
a) Establish appropriate procedures that the environmental impact assessment of its proposed projects likely to have significant adverse effects on biological diversity with a view is required to avoid or minimize such effects and, where appropriate, allow for public participation in such procedures;
B) Introduce appropriate arrangements to ensure that the environmental consequences of its programs and policies that may have significant adverse effects on biological diversity are duly taken into account;
C) Promote a reciprocal basis, notification, exchange of information and consultation on activities under their jurisdiction or control which are likely significant adverse effects on biological diversity of other States or of areas beyond jurisdiction national, encouraging the conclusion of bilateral, regional or multilateral arrangements, as appropriate;
D) notify immediately, in case originating under its jurisdiction or imminent danger or serious control to biodiversity or damage to such diversity in the area under the jurisdiction of other States or in areas beyond the limits of national jurisdiction, States that may be affected by 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 or otherwise, which present a grave and imminent danger to biological diversity and encourage international cooperation to supplement such national efforts and, where appropriate and with the agreement of the States or regional economic integration organizations concerned, establish joint contingency plans.
2. The Conference of the Parties shall, on the basis of studies to be carried out, the issue of liability and redress, including restoration and compensation for damage to biological diversity, except where such liability is a purely internal matter.
ARTICLE 15. ACCESS TO GENETIC RESOURCES.
1. In recognition of the sovereign rights of States over their natural resources, the authority to regulate access to genetic resources rests with national governments and is subject to national legislation.
2. Each Contracting Party shall endeavor to create conditions to facilitate access by other Contracting Parties to genetic resources for environmentally sound uses and not to impose restrictions that run counter to the objectives of this Convention.
3. For the purposes of this Convention, the genetic resources provided by a Contracting Party to which refer this article and Articles 16 and 19 are only provided by Contracting Parties that are countries of origin of such resources or by the Parties that have acquired genetic resources in accordance with this agreement.
4. When access is granted, it 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 that Party decides otherwise.
6. Each Contracting Party shall endeavor to develop and carry out scientific research based on genetic resources provided by other Contracting Parties with the full participation of such Contracting Parties, and if possible in them.
7. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, in accordance with Articles 16 and 19 and, when necessary, through the financial mechanism under Articles 20 and 21, sharing in a fair and equitable way the results of research and development and the benefits arising from the commercial and other genetic resources with the Contracting Party providing such resources. Such sharing shall be upon mutually agreed terms.
ARTICLE 16. ACCESS TO TECHNOLOGY AND TECHNOLOGY TRANSFER.
1. Each Contracting Party, recognizing that technology includes biotechnology, and that both access to technology and their transfer among Contracting Parties are essential elements for achieving the objectives of this Convention, undertakes, subject to the provisions of this Article to provide and / or facilitate other Contracting Parties access to technologies relevant to the conservation and sustainable use of biological diversity or make use of genetic resources and do not cause significant environmental damage as well as the transfer of such technologies.
2. Access of developing countries to technology and technology transfer to these countries, that paragraph 1 shall be provided and / or facilitated under fair and most favorable terms, including preferential terms and concessionaires where mutually agreed, and, where necessary, in accordance with the financial mechanism established in articles 20 and 21. in the case of technology subject to patents and other intellectual property rights, access to this technology and its transfer on a basis taking into account the adequate and effective protection of intellectual property rights and are compatible with it. The application of this paragraph shall comply with paragraphs 4 and 5 of this article.
3. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, in order to ensure the Contracting Parties, especially those that are developing countries, which provide genetic resources, access to technology using such material and the transfer of such technology on mutually agreed terms, including technology protected by patents and other intellectual property rights, as required by the provisions of articles 20 and 21 technology and in accordance with international law and consistent with paragraphs 3 , 4 and 5 of this Article.
4. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, so that the private sector facilitates access to technology that paragraph 1 refers to joint development and transfer for the benefit of government institutions and private sector of developing countries, and in this regard it shall abide by the obligations set out in paragraphs 1, 2 and 3 of this Article.
5. The Contracting Parties, recognizing that patents and other intellectual property rights may affect the implementation of this Convention, cooperate in this regard in accordance with national legislation and international law to ensure that such rights are supportive and not the objectives are opposed of this Convention.
ARTICLE 17. EXCHANGE OF INFORMATION.
1. The Contracting Parties shall facilitate the exchange of information from all relevant to the conservation and sustainable use of biological diversity publicly available sources, taking into account the special needs of developing countries.
2. Such exchange of information shall include exchange of results of technical, scientific and socioeconomic research, as well as information on training and surveying programs, specialized knowledge, indigenous and traditional knowledge, alone and in combination with the technologies referred to in the 1st paragraph. Article 16 also include, where feasible, include repatriation of information.
ARTICLE 18. SCIENTIFIC AND TECHNICAL COOPERATION.
1. The Contracting Parties shall promote international scientific and technical cooperation in the field of conservation and sustainable use of biological diversity, where necessary, through appropriate national and international institutions.
2. Each Contracting Party shall promote technical and scientific cooperation with other Contracting Parties, especially developing countries in the implementation of this Convention through, inter alia, the development and implementation of national policies. In promoting such cooperation, special attention to the development and strengthening of national capacities must be submitted through the development of human resources and institution building.
3. The Conference of the Parties at its first meeting, shall determine how to establish a clearing-house mechanism to promote and facilitate scientific and technical cooperation.
4. In accordance with national legislation and policies, the Contracting Parties shall encourage and develop methods of cooperation for the development and use of technologies, including indigenous and traditional technologies, to achieve the objectives of this Convention. To this end, the Contracting Parties shall also promote cooperation in the training of personnel and exchange of experts.
5. Contracting Parties shall, subject to mutual agreement, promote the establishment of joint research programs and joint ventures for the development of technologies relevant to the objectives of this Convention.
ARTICLE 19. MANAGEMENT OF BIOTECHNOLOGY AND DISTRIBUTION OF ITS BENEFITS.
1. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, to ensure effective participation in research activities on biotechnology of the Contracting Parties, particularly 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 on a fair and equitable basis priority access of the Contracting Parties, especially developing countries, to the results and benefits arising from biotechnologies based on genetic resources provided by those Contracting Parties . Such access shall be granted under conditions determined by mutual agreement.
3. The Parties shall consider the need for and modalities of a protocol setting out appropriate procedures, including, in particular, advance informed agreement, in the field of safe transfer, handling and use of living modified organisms resulting from biotechnology that may have adverse effects 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, all available information about the rules concerning the use and safety required by this Part Contracting for handling such organisms, as well as any available information on the potential adverse impact of the specific organisms concerned to the Contracting Party into which those organisms are to be introduced.
ARTICLE 20. FINANCIAL RESOURCES.
1. Each Contracting Party undertakes to provide, within its capabilities, financial support and incentives in respect of the activities which are intended to achieve the objectives of this Convention in accordance with its plans, priorities and programs.
2. Parties developed countries provide new and additional financial resources for Parties that are developing countries to meet the agreed incremental costs incurred by the implementation of measures to fulfill their obligations under this Convention and to benefit from the provisions the Convention. These costs shall be determined by agreement between each Party that is a developing country and the institutional structure referred to in Article 21 in accordance with policy, strategy, program priorities, eligibility criteria and an indicative list of incremental costs established by the Conference of the Parties. Other parties, including countries that are in a process of transition to a market economy, may voluntarily assume the obligations of developed country Parties. For the purposes of this Article, the Conference of the Parties shall, at its first meeting, a list of developed country Parties and other Parties which voluntarily assume the obligations of developed country Parties countries. The Conference of the Parties shall review the list and change it if necessary. the provision of voluntary contributions from other countries and sources will also be encouraged. To fulfill these commitments shall take into account the need to ensure that the flow of funds is sufficient, predictable and timely and the importance of burden-sharing among the contributing Parties included in the list.
3. Parties developed countries may thus provide the same financial resources related to the implementation of this Convention through bilateral, regional and other multilateral channels, and the Parties that are developing countries can use these resources.
4. The extent to which the Parties that are developing countries to effectively fulfill their obligations under this Convention will depend on the effective implementation by Parties that are developed countries of their obligations under this Convention relating to financial resources and technology transfer and will be fully taken into account in this connection that the economic and social development and poverty eradication are the first and overriding priorities of the Parties that are developing countries.
5. The Parties shall take fully into account the specific needs and special situation of least developed countries in their actions with regard to funding and transfer of technology.
6. The Contracting Parties shall also take into consideration the special conditions resulting from the dependence on biodiversity, its distribution and its location in Parties developing countries, especially small island states.
7. the special situation of developing countries including those that are most vulnerable from the point of view of the environment, such as those with arid and semi-mountainous, coastal and also taken into account.
ARTICLE 21. FINANCIAL MECHANISM.
1. a mechanism for the provision of financial resources to developing country Parties for purposes of this Convention on a grant or concessional resources shall be established and whose fundamental elements are described in this article. The mechanism shall function under the authority and guidance of the Conference of the Parties for the purposes of this Convention, to be accountable. The operations of the mechanism shall be carried out through the institutional structure decided by the Conference of the Parties at its first meeting. For the purposes of this Convention, the Conference of the Parties shall determine the policy, strategy, program priorities and criteria for access to those resources and their use. The contributions will have to take into account the need for a stream of predictable, adequate and timely funding as outlined in Article 20 in accordance with the amount of resources needed, the Conference of the Parties shall periodically, so the importance of sharing among the contributing Parties included in the list referred to in paragraph 2 of Article 20. the developed country Parties and other countries and sources may also make voluntary contributions. The mechanism shall operate within a democratic and transparent government.
2. In accordance with the objectives of this Convention, the Conference of the Parties shall at its first meeting determine the policy, strategy and program priorities, as well as detailed guidelines and criteria for access to financial resources and their use, including regular monitoring and evaluation of such use. The Conference of the arts decide on the arrangements to give effect to paragraph 1 after consultation with the institutional structure operating the financial mechanism.
3. The Conference of the Parties shall review the effectiveness of the mechanism established under this Article, including the criteria and guidelines referred to in paragraph 2 above have passed at least two years after the entry into force of this Convention, and periodically onwards. On the basis of that review will take appropriate action to improve the effectiveness of the mechanism if necessary measures.
4. The Contracting Parties shall consider strengthening existing financial institutions to provide financial resources for the conservation and sustainable use of biodiversity.
ARTICLE 22. RELATIONSHIP WITH OTHER INTERNATIONAL CONVENTIONS.
1. The provisions of this Agreement shall not affect the rights and obligations of any Contracting Party deriving from any existing international agreement, except where the exercise of those rights and the fulfillment of these obligations would cause serious damage to biodiversity or threat.
2. Contracting Parties shall implement this Convention with respect to the marine environment consistently with the rights and obligations of States under the law of the sea.
ARTICLE 23. CONFERENCE OF THE PARTIES.
1. It is established a conference of the Parties. The Executive Director of United Nations Environment Programme convened the first meeting of the Conference of the Parties no later than one year after the entry into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals determined by the Conference at its first meeting.
2. Extraordinary meetings of the Conference of the Parties shall be held at the Conference deems it necessary or if either party requests it in writing, provided that within six months of receipt of the Secretariat, communication of the request, a third Parties at least support it.
3. The Conference of the Parties agreed and adopted by consensus its rules of procedure and those of any subsidiary bodies established as well as financial rules governing the funding of the Secretariat. At each ordinary meeting, the Conference of the Parties adopt a budget for the financial period until the next ordinary meeting.
4. The Conference of the Parties shall review the implementation of this Agreement and to this end:
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) Consider the scientific, technical and technological advice on biological diversity provided in accordance with Article 25;
C) Consider and adopt, as required, protocols in accordance with Article 28;
D) Consider and adopt, as required, amendments to this Convention and its annexes, in accordance with Articles 29 and 30;
E) Consider amendments to any protocol, as well as all annexes thereto, and, if so decided recommend their adoption to the Parties to the protocol concerned;
F) Consider and adopt additional annexes to this Convention, as appropriate, in accordance with Article 30;
G) Establish such subsidiary bodies, especially scientific and technical advice, as are deemed necessary for the implementation of this Convention;
H) Contact, through the Secretariat, the executive bodies of conventions dealing with matters covered by this Convention with a view to establishing appropriate forms of cooperation with them; e
i) Consider and take all other necessary steps to achieve the objectives of this Convention in the light of the experience gained in its application.
5. The United Nations, its specialized agencies and the International Atomic Energy Agency and any State not party to this Convention, they may be represented as observers at meetings of the Conference of the Parties. Any other body or national or international body, either governmental or non-governmental, qualified in fields relating to the conservation and sustainable use of biological diversity, which has informed the Secretariat of its wish to be represented, as an observer, a meeting of the Conference of the Parties, may be admitted to participate unless one-third, at least, of the Parties present object to it. The admission and participation of observers shall be subject to rules adopted by the Conference of the Parties.
ARTICLE 24. SECRETARIAT.
1. A Secretariat is hereby established with the following functions:
a) Organize meetings of the Conference of the Parties provided in Article 23, and provide the necessary services;
B) To perform the functions assigned to it by the protocols;
C) To prepare reports on the activities carried out in performance of their duties under this Convention and present them to the Conference of the Parties;
D) To ensure the necessary coordination with other relevant international bodies and in particular to enter into such administrative and contractual arrangements as may be necessary for the effective performance of their duties; and
e) perform such other functions determined by the Conference of the Parties.
2. At its first ordinary meeting, the Conference of the Parties shall designate the secretariat from amongst those existing competent international organizations which have signified their willingness to carry out the secretariat functions under this Convention.
ARTICLE 25. SUBSIDIARY BODY ON SCIENTIFIC, TECHNICAL AND TECHNOLOGICAL.
1. A subsidiary body for scientific, technical and technological advice to provide the Conference of the Parties and, where appropriate, its other subsidiary bodies with timely advice on the implementation of this Convention is established. This body shall be open to participation by all Parties and shall be multidisciplinary. It shall comprise government representatives competent in the relevant field of expertise. It shall report regularly to the Conference of the Parties on all aspects of its work.
2. Under the authority of the Conference of the Parties in accordance with guidelines laid down by the request of the Conference itself, this body:
a) Provide scientific and technical state of biodiversity assessments;
B) Prepare scientific and technical of the effects of types of measures taken in accordance with the provisions of this Convention;
C) Identify the technologies and expertise that are innovative, efficient and state related to the conservation and sustainable use of biological diversity and advise on ways of promoting development and / or transferring such technologies ;
D) Provide advice on scientific programs and international cooperation in research and development related to conservation and sustainable use of biological diversity; and
e) Respond to questions of a scientific, technical, technological and methodological questions that the Conference of the Parties and its subsidiary bodies.
3. The Conference of the Parties may further extend the functions, mandate, organization and functioning of this body.
ARTICLE 26. REPORTS. Each Contracting Party shall, at intervals determined by the Conference of the Parties, submitted to the Conference of the Parties, reports on measures taken to implement the provisions of this Convention and on the effectiveness of such measures for achieving the objectives of the Convention.
ARTICLE 27. DISPUTE.
1. If 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 can not reach agreement by negotiation, they may jointly seek the good offices or mediation of a third party.
3. When ratifying, accepting, approving this Convention or acceding to it, or at any time thereafter, a State or an organization of regional economic integration may declare in writing to the Depositary, in the case of an unresolved dispute , in accordance with paragraph 1 or paragraph 2 of this Article, it accepts one or both means of dispute resolution listed below, as compulsory:
a) Arbitration in accordance with the procedure set out in part 1 of Annex II;
B) Submission of the dispute to the International Court of Justice.
4. If under the provisions of paragraph 3 of this Article, the parties to the dispute have not 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. The provisions of this Article shall apply with respect to any protocol, except that the protocol otherwise indicated.
ITEM 28. ADOPTION OF PROTOCOLS.
1. The Contracting Parties shall cooperate in the formulation and adoption of protocols to this Convention.
2. Protocols shall be adopted at a meeting of the Conference of the Parties.
3. The Secretariat shall notify the Contracting Parties the text of any proposed protocol at least six months before such a meeting.
ARTICLE 29. AMENDMENTS TO THE CONVENTION OR PROTOCOLS.
1. Either Contracting Party may propose amendments to this Convention. Any Party to a protocol may propose amendments to that protocol.
2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments to any protocol shall be adopted at a meeting of the Parties to the protocol in question.
The text of any proposed amendment to this Convention or any protocol except as otherwise 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 adoption is proposed. The Secretariat shall also communicate proposed amendments to the signatories to this Convention for information.
3. The Contracting Parties shall make every effort to reach agreement by consensus on any proposed amendment to this Convention or any protocol. After exhausting all efforts to achieve consensus without having reached an agreement, the amendment shall, as a last resort, by a majority of two-thirds of the Contracting Parties to the instrument in question present and voting at the meeting and it will be submitted to all Contracting Parties by the Depositary 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 of this article shall come into force for Parties that have accepted them on the ninetieth day after the date of deposit of the instruments of ratification, acceptance or approval by two-thirds, at least, Contracting Parties to this Convention or of the Parties to the protocol concerned that, unless otherwise provided in the latter. Thereafter the amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party has deposited its instrument of ratification, acceptance or approval of the amendments.
5. For the purposes of this article, "Parties present and voting" means Parties present and casting an affirmative or negative vote.
ARTICLE 30 ADOPTION AND AMENDMENT OF ANNEXES.
1. The annexes to this Convention or to any protocol shall form an integral part of the Convention or of such protocol, as appropriate, and, unless expressly provided otherwise, it will be understood that any reference to this Convention or its protocols constitutes at the same time to anyone Annexes. These annexes shall be restricted to procedural, scientific, technical and administrative.
2. Except as otherwise provided in any protocol with respect to its annexes, to the proposal, adoption and entry into force of additional annexes to this Convention or annexes to a protocol the following procedure shall be followed:
a) Annexes of this Convention and any protocol shall be proposed and adopted according to the procedure prescribed in Article 29;
B) Any Party that is unable to accept an additional annex to this Convention or an annex to any protocol to which it is a party, shall notify in writing the Depositary within one year from the date of communication of the adoption by the Custodian. The Depositary shall promptly notify all Parties of any such notification received. A Party may at any time withdraw a previous declaration of objection and the annexes shall thereupon enter into force for that Party, subject to the provisions of paragraph c) of this Article;
C) On the expiry of one year from the date of communication of the adoption by the Depositary, the annex shall enter into force for all Parties to this Convention or the protocol concerned which have not a notification in accordance with paragraph b) of this paragraph.
3. The proposal, adoption and entry into force of amendments to the Annexes to this Convention or any protocol shall be subject to the same procedure applied in the case of the proposal, adoption and entry into force of annexes to the Convention or annexes to a protocol.
4. If an additional annex or an amendment to an annex is related to an amendment to this Convention or any protocol, the additional annex or amendment shall not enter into force until it enters into force the amendment to the Convention or to the protocol concerned.
ARTICLE 31. RIGHT TO VOTE.
1. Except as provided in paragraph 2 of this article, each of the Contracting Parties to this Convention or any protocol shall have one vote.
2. The regional economic integration organizations shall exercise their right to vote, in matters within its competence, with a number of votes equal to the number of its Member States which are Contracting Parties to this Convention or the relevant protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa.
ARTICLE 32. RELATIONSHIP BETWEEN THIS CONVENTION AND ITS PROTOCOLS.
1. A State or regional economic integration organization may not become a Party to a protocol unless it is, or becomes at the same time. Contracting Party to this Convention.
2. Decisions concerning 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 the protocol.
ARTICLE 33. SIGNATURE. This Agreement shall be open for signature at Rio de Janeiro by all States and any organization of regional economic integration since June 5, 1992 until June 14, 1992, and at the Headquarters of the United Nations in New York, from 15 June 1992 to 4 June 1993.
ARTICLE 34 RATIFICATION, ACCEPTANCE OR APPROVAL.
1. This Convention and any protocol shall be subject to ratification, acceptance or approval by States and by regional economic integration organizations. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. Any organization referred to in paragraph 1 of this Article which becomes a Contracting Party to this Convention or any protocol without being Contracting Parties to them its Member States, it shall be bound by all the obligations under Convention or protocol, as appropriate. In the case of such organizations, one or more of its Member States are Contracting Parties to this Convention or the relevant protocol, the organization and its Member States shall decide on their respective responsibilities for compliance with the obligations under the Convention or the protocol, as appropriate. In such cases, the organization and the member States shall not be entitled to exercise rights under this Convention or the relevant protocol.
3. In their instruments of ratification, acceptance or approval, the organizations referred to in paragraph 1 of this Article shall declare the extent of their competence with respect to the matters covered by this Convention or the relevant protocol. These organizations shall also inform the Depositary of any relevant modification in the extent of their competence.
ARTICLE 35. ACCESSION.
1. This Convention and any protocol shall be open to accession by States and regional economic integration organizations from the date of expiry of the deadline for signing the Convention or the relevant protocol. The instruments of accession shall be deposited with the Depositary.
2. In their instruments of accession, the organizations referred to in paragraph 1 of this Article shall declare the extent of their competence with respect to the matters covered by this Convention or the relevant protocol. These organizations shall also inform the Depositary of any relevant modification in the extent of their competence.
3. The provisions of paragraph 2 of Article 34 shall apply to regional economic integration organizations which accede to this Convention or any protocol.
ARTICLE 36. ENTRY INTO FORCE.
1. This Agreement shall enter into force on the ninetieth day after the date on which the deposit of the thirtieth instrument of ratification, acceptance, approval or accession.
2. Any protocol shall enter into force on the ninetieth day after the date of deposit of the number of instruments of ratification, acceptance, approval or accession stipulated in the protocol.
3. For each Contracting Party which ratifies, accepts or approves this Convention or accedes to it after the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date on that party has deposited its instrument of ratification, acceptance, approval or accession.
4. Any protocol, except that it otherwise, shall enter into force for the Contracting Party ratifying, accepting, approving or acceding to it after its entry into force in accordance with paragraph 2 of this article ninetieth day after the date on which that Contracting party deposits its instrument of ratification, acceptance, approval or accession, or the date on which this Convention enters into force for that Contracting party or, if that date is later.
5. For the purposes of paragraphs 1 and 2 of this article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
ARTICLE 37. RESERVATIONS. No reservations may be made to this Convention.
ARTICLE 38. DENUNCIATION.
1. At any time after the expiration of a period of two years from the date of entry into force of this Convention for a Contracting Party, that Contracting Party may denounce the Convention by written notification to the Depositary.
2. Such withdrawal shall become effective after the expiration of a period of one year from the date on which the Depositary has received the notification or at a later date is specified in the notification of the complaint.
3. They Any Contracting Party denouncing this Convention also denounced any protocol to which it is party.
ARTICLE 39. INTERIM FINANCIAL PROVISIONS. Provided that it has been fully restructured in accordance with the provisions of Article 21, the Fund for Global Environment Facility, 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 during the period between the entry into force of this Convention and the first meeting of the Conference of the Parties or until the Conference of the Parties decides establish an institutional framework in accordance with Article 21.
ARTICLE 40. SECRETARIAT INTERIM ARRANGEMENTS. The Secretariat referred to in paragraph 2 of Article 24 shall, on a provisional basis from the entry into force of this Convention and the first meeting of the Conference of the Parties, the Secretariat to be established by the Executive Director of the Program United Nations Environment Programme.
ARTICLE 41. DEPOSITARY. The Secretary General of the United Nations shall assume the functions of Depositary of this Convention and any protocols.
ARTICLE 42. AUTHENTIC TEXTS. The original of this Convention, of which the Arabic, Chinese, Spanish, French, English and Russian 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 Rio de Janeiro on June 5
of in 1992. ANNEX I.
IDENTIFICATION AND TRACKING 1. Ecosystems and habitats: containing high diversity, large numbers of endemic or endangered species or wildlife; are required by migratory species; have social, economic, cultural or scientific importance; or are representative, unique or associated with processes of evolutionary or other biological processes essential importance;
2. Species and communities which are: threatened; are wild relatives of domesticated or cultivated species; have medicinal or agricultural value or other economic value; have social, scientific or cultural importance; or importance for research into the conservation and sustainable use of biological diversity, such as indicator species;
and 3. Described genomes and genes of social, scientific or economic importance.
ANNEX II. PART I. ARBITRATION
ITEM 1A. The applicant party shall notify the Secretariat that the parties submit the dispute to arbitration in accordance with Article 27 of the Convention. The notification issue to be subject to arbitration and special articles of the Convention or the protocol, the interpretation or application which are at issue will be discussed. If the parties do not agree on the subject of the dispute before appointing the president of the court, the arbitral tribunal shall determine the subject matter. The Secretariat shall forward the information thus received to all Contracting Parties to the Convention or the protocol concerned.
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 chairman of the tribunal. The latter shall not be a national of any of the parties to the dispute, nor have habitual 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 jointly appoint an arbitrator.
3. Any vacancy shall be filled in the manner prescribed for the initial appointment.
1. If the chairman of the arbitral tribunal has not been designated within two months following the appointment of the second arbitrator, the Secretary General of the United Nations, at the request of a party, designate the President within a further two months.
2. If two months after the receipt of the request of the parties to the dispute does not appoint an arbitrator, the other party may inform the Secretary General of the United Nations who shall designate the other arbitrator within a further two months.
ARTICLE 4A. The arbitral tribunal shall decide in accordance with the provisions of this Convention, any protocols concerned, and international law.
ARTICLE 5A. Unless the parties to the dispute decide otherwise, the tribunal shall determine its own procedure.