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165 OF 1994
(November 9)
Official Journal No. 41,589 of 9 November 1994
By means of which the "Convention on Biological Diversity" is approved, made in Rio de Janeiro on June 5, 1992.
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
United Nations 1992
Preamble
Contracting Parties,
CONSCIOUS of the intrinsic value of biological diversity and ecological, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic values of biological diversity and its components,
Aware of the importance of biological diversity for evolution and for the maintenance of the systems necessary for the life of the biosphere,
AFFIRMING that conservation of biological diversity is the common interest of all humanity,
REAFFIRMING that States have sovereign rights over their own biological resources,
REAFFIRMING THE SAME that States are responsible for the conservation of their biological diversity and the sustainable use of their biological resources,
CONCERNED about the considerable reduction in biological diversity as a result of certain human activities,
CONSCIOUS of the general lack of information and knowledge on biological diversity and of the urgent need to develop scientific, technical and institutional capacities to achieve a basic understanding that allows planning and apply the appropriate measures,
NOTING that it is vital to foresee, prevent and attack at source the causes of reduction or loss of biological diversity,
NOTING ALSO that when there is a threat of substantial reduction or loss of biological diversity, the lack of unequivocal scientific evidence should not be alleged as a reason for postponing measures to prevent or reduce the threat,
OBSERVING ALSO that the fundamental requirement for the conservation of biological diversity is the in situ conservation of natural ecosystems and habitats and the maintenance and recovery of viable populations of species in their natural environments,
NOTING EQUALLY that the adoption of ex situ measures, preferably in the country of origin, also plays an important role,
RECOGNIZING the close and traditional dependence of many local communities and indigenous populations that have traditional living systems based on biological resources, and the desirability of equitably sharing the benefits that derive from the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and the sustainable use of its components.
RECOGNISING THE decisive role played by women in the conservation and sustainable use of biological diversity and affirming the need for full participation of women at all levels of the formulation and implementation of policies aimed at the conservation of biological diversity,
HIGHLIGHTING the importance and the need to promote international, regional and global cooperation between States and intergovernmental organizations and the non-governmental sector for the conservation of biological diversity and the sustainable use of its components,
RECOGNISING that the supply of sufficient, new and additional financial resources and due access to relevant technologies can be expected to significantly alter the global capacity to cope with the loss of the biological diversity,
RECOGNISING ALSO that special provisions need to be adopted to address the needs of developing countries, including the provision of new and additional financial resources and due access to relevant technologies,
NOTING in this respect the special conditions of the least developed countries and small island states,
RECOGNISING that considerable investments are needed to conserve biodiversity and that these investments can be expected to involve a wide range of ecological, economic and social benefits,
RECOGNISING that economic and social development and poverty eradication are basic and fundamental priorities for developing countries,
CONSCIOUS that the conservation and sustainable use of biological diversity are critically important to meet the food, health and other needs of the growing world population for what they are essential access to genetic resources and technologies, and participation in these resources and technologies,
NOTING that, in short, the conservation and sustainable use of biological diversity will strengthen the friendly relations between states and contribute to the peace of humanity,
DESIRING to strengthen and supplement existing international arrangements for the conservation of biological diversity and the sustainable use of its components, and
RESOLVED to conserve and sustainably use biological diversity for the benefit of current and future generations,
HAVE AGREED the following:
ARTICLE 1o. GOALS. 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 fair participation and equitable benefits arising from the use of genetic resources through, inter alia, adequate access to these resources and an appropriate transfer of relevant technologies, taking into account all rights on those resources and on these technologies, as well as through appropriate funding.
ARTICLE 2o. TERMS USED. For the purposes of this Convention:
By "protected area" means a geographically defined area that has been designated or regulated and managed in order to achieve specific conservation objectives.
"Biotechnology" means any technological application that uses biological systems and living organisms or their derivatives for the creation or modification of products or processes for specific uses.
On-site conditions " are understood the conditions under which genetic resources exist within natural ecosystems and habitats and, in the case of domesticated or cultivated species, in the environments in which they have developed their properties specific.
"ex situ conservation" means the conservation of components of biological diversity outside their natural habitats.
"in situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural environments and, in the case of domesticated and cultivated species, in environments where they have developed their specific properties.
"biological diversity" means the variability of living organisms of any source, including among other things, terrestrial and marine ecosystems and other aquatic ecosystems and the ecological complexes of which they are a part; includes the diversity within each species, between species and ecosystems.
An "ecosystem" means a dynamic complex of plant, animal and micro-organism communities and their non-living environment that interact as a functional unit.
By "domesticated or cultivated species" is understood a species in whose process of evolution human beings have influenced to satisfy their own needs.
By "habitat" means the place or type of environment in which there is naturally an organism or a population.
By "genetic material" means any material of plant, animal, microbial or other origin containing functional units of the inheritance.
"Regional economic integration organisation" means an organisation constituted by sovereign States of a given region to which its Member States have transferred powers in matters governed by this Convention; and which has been duly empowered, in accordance with its internal procedures, to sign, ratify, accept or approve the Convention or accede to it.
"Country of origin of genetic resources" means the country that owns these genetic resources in situ conditions.
By "country contributing genetic resources" means the country that supplies genetic resources obtained from sources on the spot, including populations of wild and domesticated species, or from ex situ sources, which may or may not have their origin in that country. country.
"biological resources" means genetic resources, organisms or parts thereof, populations, or any other type of the biotic component of ecosystems of real or potential value or utility for humanity.
By "genetic resources" means genetic material of real or potential value.
The term "technology" includes biotechnology.
By "sustainable use" means the use of components of biological diversity in a way and at a rate that does not cause the long-term decline of biological diversity, thereby maintaining the possibilities of this meet the needs and aspirations of current and future generations.
ARTICLE 3o. PRINCIPLE. In accordance with the Charter of the United Nations and with the principles of international law, States have the sovereign right to exploit their own resources in the application of their own environmental policy and the obligation of ensure that activities carried out within or under their jurisdiction do not harm the environment of other States or areas outside any national jurisdiction.
ARTICLE 4. JURISDICTIONAL SCOPE. Subject to the rights of other States, and unless otherwise expressly provided for in this Convention, the provisions of the Convention shall apply in respect of each Contracting Party:
(a) In the case of components of biological diversity, in areas within the limits of their national jurisdiction; and
b) In the case of processes and activities performed under its jurisdiction or control, and regardless of where its effects are manifested, within or outside the areas subject to its national jurisdiction.
ARTICLE 5o. COOPERATION. Each Contracting Party, as far as possible and as appropriate, shall cooperate with other Contracting Parties, directly or, where appropriate, through the competent international organizations, in respect of the non- subject to national jurisdiction, and on other issues of common interest for the conservation and sustainable use of biological diversity.
ARTICLE 6o. GENERAL MEASURES FOR THE PURPOSE OF CONSERVATION AND SUSTAINABLE USE. Each Contracting Party, 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 existing strategies, plans or programmes to that end, which will, inter alia, reflect the measures set out in this Convention that are relevant to the Contracting Party concerned; and
b) Integrate, as far as possible and as appropriate, the conservation and sustainable use of biological diversity in sectoral or cross-sectoral plans, programmes and policies.
ARTICLE 7o. IDENTIFICATION AND MONITORING. Each Contracting Party, as far as possible and as appropriate, in particular for the purposes of Articles 8 to 10:
(a) Identify the components of biological diversity that are important for their conservation and sustainable use, taking into account the indicative list of categories set out in Annex I;
(b) By sampling and other techniques, the monitoring of the components of the biological diversity identified in accordance with paragraph (a) shall be carried out, with particular attention to those requiring the adoption of urgent measures of conservation and to those that offer the greatest potential for sustainable use;
(c) Identify the processes and categories of activities that have, or are likely to have, significant adverse effects on the conservation and sustainable use of biological diversity and shall, by sampling and other techniques, monitoring of these effects; and
(d) Maintain and organise, by means of any mechanism, the data derived from the identification and monitoring activities in accordance with paragraphs (a), (b) and (c) of this Article.
ARTICLE 8o. IN SITU CONSERVATION. Each Contracting Party, 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) When necessary, it will develop guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity;
(c) Reglamentara or manage biological resources important for the conservation of biological diversity, whether within or outside protected areas, to ensure their conservation and sustainable use;
d) Promote the protection of natural ecosystems and habitats and the maintenance of viable populations of species in natural environments;
e) Promote environmentally sound and sustainable development in areas adjacent to protected areas, with a view to increasing the protection of these areas;
f) It will 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 risks arising from the use and release of living organisms modified as a result of biotechnology which are likely to have environmental impacts adverse events that may affect the conservation and sustainable use of biological diversity, taking into account also the risks to human health;
(h) Prevent the introduction, control or eradication of alien species that threaten ecosystems, habitats or species;
i) Seek to establish the necessary conditions to harmonise current uses with the conservation of biological diversity and the sustainable use of its components;
j) In accordance with its national legislation, it will respect, preserve and maintain the knowledge, innovations and practices of indigenous and local communities that involve traditional lifestyles relevant to conservation and conservation. sustainable use of biological diversity and promote its wider application, with the approval and participation of those who possess such knowledge, innovations and practices, and will encourage the benefits derived from the use of these knowledge, innovations and practices are shared equally;
k) Establish or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations;
l) When determined, in accordance with Article 7o, an important adverse effect on biological diversity, regulation or order of the relevant activities and categories of activities; and
m) Cooperate in the provision of financial and other support for in situ conservation as referred to in paragraphs (a) to (1) of this Article, in particular to developing countries.
ARTICLE 9o. EX SITU CONSERVATION. Each Contracting Party, as far as possible and as appropriate, and primarily in order to supplement the measures in situ:
a) Adopt measures for the ex situ conservation of components of biological diversity, preferably in the country of origin of those components;
(b) Establish and maintain facilities for the ex situ conservation and research of plants, animals and micro-organisms, preferably in the country of origin of genetic resources;
(c) Adopt measures for the recovery and rehabilitation of threatened species and the reintroduction of threatened species into their natural habitats under appropriate conditions;
(d) Reglamentara and manage the collection of biological resources from natural habitats for the purposes of ex situ conservation, in order not to threaten the ecosystems or in situ populations of the species, except where ex-measures are required special temporary site (s) in accordance with paragraph (c) of this Article; and
e) Cooperara in the provision of financial and other support for the ex situ conservation referred to in paragraphs (a) to (d) of this Article and in the establishment and maintenance of ex situ conservation facilities in developing countries.
ARTICLE 10. SUSTAINABLE USE OF THE COMPONENTS OF BIOLOGICAL DIVERSITY. Each Contracting Party, as far as possible and as appropriate:
a) Integrate the review of conservation and sustainable use of biological resources in national decision-making processes;
b) Adopt measures concerning the use of biological resources to prevent or minimise adverse effects on biological diversity;
(c) Protect and encourage the customary use of biological resources, in accordance with traditional cultural practices that are compatible with the requirements of conservation or sustainable use;
d) Prostate support for local populations to prepare and implement corrective measures in degraded areas where biological diversity has been reduced; and
e) Promote cooperation between its government authorities and its private sector in the development of methods for the sustainable use of biological resources.
ARTICLE 11. INCENTIVES. Each Contracting Party shall, as far as possible and as appropriate, adopt economically and socially appropriate measures as incentives for the conservation and sustainable use of the components of diversity. biological.
ARTICLE 12. RESEARCH AND TRAINING. The Contracting Parties, taking into account the special needs of developing countries:
(a) Establish and maintain scientific and technical education and training programmes in measures for the identification, conservation and sustainable use of biological diversity and its components and shall provide support for such an end focused on specific needs of developing countries;
b) Promote and promote research that contributes to the conservation and sustainable use of biological diversity, particularly in developing countries, among other things, 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, they shall promote the use of scientific advances in research on biological diversity for the development of conservation and use methods. sustainable of biological resources, and will cooperate in that sphere.
ARTICLE 13. EDUCATION AND PUBLIC AWARENESS. The Contracting Parties:
(a) Promote and promote understanding of the importance of conservation of biological diversity and of the necessary measures for these effects, as well as its spread through the means of information, and the inclusion of these issues in the education programs; and
(b) They shall cooperate, as appropriate, with other States and international organisations in the development of education and public awareness programmes as regards the conservation and sustainable use of biological diversity.
ARTICLE 14. IMPACT ASSESSMENT AND REDUCTION TO THE MINIMUM OF ADVERSE IMPACT.
1. Each Contracting Party, as far as possible and as appropriate:
(a) Establish appropriate procedures requiring the assessment of the environmental impact of their proposed projects that may have significant adverse effects on biological diversity with a view to avoiding or reducing to the minimum these effects and, where appropriate, allow the participation of the public in those procedures;
b) Establish appropriate arrangements to ensure that due account is taken of the environmental consequences of their programmes and policies that may have significant adverse effects on biological diversity;
(c) Promote, on a reciprocal basis, the notification, exchange of information and consultations on activities under its jurisdiction or control which would be likely to have significant adverse effects on the biological diversity of the other States or areas not subject to national jurisdiction, encouraging the conclusion of bilateral, regional or multilateral agreements, as appropriate;
(d) shall immediately notify, in the event of imminent or serious danger to biological diversity or damage to such diversity in the area under the jurisdiction of other States or in areas beyond the jurisdiction of other States or in areas beyond the jurisdiction of national jurisdiction limits, to States which may be affected by such hazards or damage, in addition to initiating measures to prevent or minimise such hazards or damage; and
e) Promote national arrangements on emergency measures related to natural or other activities or events involving serious and imminent dangers to biological diversity, support international cooperation for complement these national measures and, where appropriate and with the agreement of the States or regional economic integration organisations concerned, establish joint plans for unforeseen situations.
2. The Conference of the Parties shall examine, on the basis of studies to be carried out, the question of liability and reparation, including the restoration and compensation for damage caused to biological diversity, except where the responsibility 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 power to regulate access to genetic resources is the responsibility of national governments and is subject to national legislation.
2. Each Contracting Party shall endeavour to create conditions to facilitate access to the genetic resources for environmentally sound uses to other Contracting Parties, and not to impose restrictions contrary to the objectives of this Convention.
3. For the purposes of this Convention, the genetic resources provided by a Contracting Party referred to in this Article and Articles 16 and 19 are only those provided by Contracting Parties which are the countries of origin of those Contracting Parties. resources or by the Parties which have acquired the genetic resources in accordance with this Convention.
4. Where access is granted, it shall be on mutually agreed terms and shall be subject to the provisions of this Article.
5. Access to genetic resources shall be subject to the prior informed consent of the Contracting Party providing the resources, unless that Party decides otherwise.
6. Each Contracting Party shall endeavour to promote and conduct scientific research based on genetic resources provided by other Contracting Parties with the full participation of these Contracting Parties, and if possible.
7. Each Contracting Party shall take legislative, administrative or political measures, as appropriate, in accordance with Articles 16 and 19 and, where necessary, through the financial mechanism provided for in Articles 20 and 21, to share in fair and equitable the results of the research and development activities and the benefits derived from the commercial and other use of genetic resources with the Contracting Party contributing those resources. That participation will be performed on 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 its transfer between Contracting Parties are essential elements for the achievement of the objectives of this Convention, undertakes, subject to the provisions of this Article, to ensure and/or to provide other Contracting Parties with access to relevant technologies for the conservation and sustainable use of biological diversity or to use resources genetic and do not cause significant damage to the environment, as well as the transfer of technologies.
2. The access of developing countries to technology and technology transfer to those countries, referred to in paragraph 1, shall be ensured and/or provided on fair terms and on the most favourable terms, including conditions. preferential and concessionary arrangements to be established by common agreement, and, where necessary, in accordance with the financial mechanism laid down in Articles 20 and 21. In the case of technology subject to patents and other intellectual property rights, access to that technology and its transfer shall be ensured under conditions that take into account the adequate and effective protection of intellectual property rights. and are compatible with it. The application of this paragraph shall be in accordance with paragraphs 3, 4 and 5 of this Article.
3. Each Contracting Party shall take legislative, administrative or political measures, as appropriate, in order to ensure that the Contracting Parties, in particular those developing countries, which provide genetic resources, access to the technology that uses such material and the transfer of that technology, on mutually agreed terms, including technology protected by patents and other intellectual property rights, where necessary by means of the provisions of the Articles 20 and 21, and in accordance with international law and in harmony with paragraphs 4 and 5 of the Article.
4. Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with a view to ensuring that the private sector provides access to the technology referred to in paragraph 1, its joint development and its transfer for profit. of the government institutions and the private sector of developing countries, and in this respect shall comply with 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 influence the application of this Convention, shall cooperate in this respect in accordance with national law and international law for ensure that those rights support and do not object to the objectives of this Convention.
ARTICLE 17. INTERCHANGE OF INFORMATION.
1. The Contracting Parties shall facilitate the exchange of information from all publicly available sources relevant for the conservation and sustainable use of biological diversity, taking into account the special needs of the developing countries.
2. This exchange of information will include the exchange of results of technical, scientific and socio-economic research, as well as information on training and study programmes, expertise, knowledge indigenous and traditional, on their own and in combination with the technologies mentioned in paragraph 1. of Article 16. It will also include, when feasible, the repatriation of information.
ARTICLE 18. SCIENTIFIC AND TECHNICAL COOPERATION.
1. The Contracting Parties shall promote international scientific and technical cooperation in the field of the conservation and sustainable use of biological diversity, where necessary through national and international institutions. competent.
2. Each Contracting Party shall promote scientific and technical cooperation with other Contracting Parties, in particular developing countries, in the implementation of this Convention by, inter alia, the development and implementation of policies. national. In promoting such cooperation, particular attention should be paid to the development and strengthening of national capacity, through the development of human resources and the creation of institutions.
3. The Conference of the Parties, at its first meeting, will determine how to establish a facilitation 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, for the achievement of the objectives of this Convention. To this end, the Contracting Parties shall also promote cooperation for the training of personnel and the exchange of experts.
5. The Contracting Parties, if they so agree, shall encourage the establishment of joint research programmes and joint ventures for the development of technologies relevant to the objectives of this Convention
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ARTICLE 19. MANAGEMENT OF BIOTECHNOLOGY AND THE DISTRIBUTION OF ITS BENEFITS.
1. Each Contracting Party shall take legislative, administrative or political measures, as appropriate, to ensure effective participation in the research activities on biotechnology of the Contracting Parties, in particular the countries in question. development of genetic resources for such research, and, where feasible, in those Contracting Parties.
2. Each Contracting Party shall take all practicable measures to promote and promote on fair and equitable conditions the priority access of the Contracting Parties, in particular developing countries, to the results and benefits derived thereof. of biotechnologies based on genetic resources provided by these Contracting Parties. Such access shall be granted under conditions determined by mutual agreement.
3. The Parties shall examine the need and modalities of a protocol establishing appropriate procedures, including in particular prior informed consent, in the sphere of the transfer, handling and use of any modified living organisms resulting from biotechnology which may have adverse effects on the conservation and sustainable use of biological diversity.
4. Each Contracting Party shall provide, directly or require, any natural or legal person under its jurisdiction to provide the bodies referred to in paragraph 3, all available information on the regulations concerning the use and safety required by that Contracting Party for the handling of such organisms, as well as any available information on the possible adverse effects of the specific organisms concerned, on the A Contracting Party in which those bodies are to be introduced.
ARTICLE 20. FINANCIAL RESOURCES.
1. Each Contracting Party undertakes to provide, in accordance with its capacity, financial support and incentives for activities intended to achieve the objectives of this Convention, in accordance with its plans, national priorities and programmes.
2. The Parties which are developed countries shall provide additional and additional financial resources so that the Parties which are developing countries can fully cover the agreed incremental costs involved in the implementation of the measures in question. compliance with the obligations under this Convention and benefit from the provisions of the Convention. These costs shall be determined by common agreement between each Party which is a developing country and the institutional structure referred to in Article 21 in accordance with the policy, the strategy, the programmatic priorities, the criteria of eligibility and an indicative list of incremental costs established by the Conference of the Parties. Other parties, including countries in a process of transition to a market economy, may voluntarily assume the obligations of the Parties that are developed countries. For the purposes of this Article, the Conference of the Parties shall, at its first meeting, establish a list of Parties that are developed countries and other Parties that voluntarily assume the obligations of the Parties that are countries. developed. The Conference of the Parties shall periodically review the list and amend it if necessary. The contribution of voluntary contributions from other countries and sources will also be encouraged. For the implementation of these commitments, account shall be taken of the need to ensure that the current of funds is sufficient, predictable and timely and the importance of distributing the costs between the contributing Parties included in the list.
3. The Parties which are developed countries may also provide financial resources related to the implementation of this Convention through bilateral, regional and multilateral channels of other type, and the Parties which are countries in These resources may be used.
4. The extent to which Parties that are developing countries effectively meet the obligations under this Convention will depend on effective compliance by the Parties that are developed countries with their obligations under this Convention. Agreement on financial resources and technology transfer, and it will be fully taken into account in this respect that economic and social development and poverty eradication are the overriding and overriding priorities of the Parts that are developing countries.
5. The Parties shall take full account of the specific needs and the special situation of the least developed countries in their measures related to the financing and transfer of technology.
6. The Contracting Parties shall also take into account the special conditions resulting from the dependence on biological diversity, its distribution and its location, in the Parties that are developing countries, in particular the States. small islands.
7. Account will also be taken of the special situation of developing countries including those most vulnerable from the environmental point of view, such as those with arid and semi-arid, coastal and mountainous areas.
ARTICLE 21. FINANCIAL MECHANISM.
1. A mechanism for the provision of financial resources to developing countries shall be established for the purposes of this Convention, either as grants or under favourable conditions, and the key elements of which are described in the Article. The mechanism shall operate under the authority and guidance of the Conference of the Parties for the purposes of this Convention, to whom it shall be responsible. 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, programme priorities and criteria for access to and use of those resources. The contributions shall take account of the need for a predictable, sufficient and timely stream of funds, as referred to in Article 20 and in accordance with the volume of resources required, to be met by the Conference of the Parties. decide on a regular basis, as well as the importance of sharing the costs between the contributing Parties included in the list referred to in Article 20 (2). Developed countries Parties and other countries and sources will also be able to contribute voluntary contributions. The mechanism will work with a democratic and transparent governance system.
2. In accordance with the objectives of this Convention, the Conference of the Parties shall, at its first meeting, establish policy, strategy and programme priorities, as well as the detailed guidelines and criteria for access to financial resources and their use, including regular monitoring and evaluation of such use. The Conference of the Parties shall agree to the provisions to give effect to paragraph 1, after consultation with the institutional structure responsible for the functioning of the financial mechanism.
3. The Conference of the Parties shall examine the effectiveness of the mechanism established in accordance with this Article, including the criteria and guidelines referred to in paragraph 2 where at least two years of entry into force have elapsed. This Convention shall apply from the date of entry into force. On the basis of that examination, it shall take appropriate measures to improve the effectiveness of the mechanism, if necessary.
4. The Contracting Parties shall examine the possibility of strengthening existing financial institutions in order to provide financial resources for the conservation and sustainable use of biological
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ARTICLE 22. RELATIONSHIP TO OTHER INTERNATIONAL CONVENTIONS.
1. The provisions of this Convention shall not affect the rights and obligations of any Contracting Party arising out of any existing international agreement, except where the exercise of those rights and the fulfilment of those obligations may cause serious damage to biological diversity or endanger it.
2. The Contracting Parties shall apply this Convention in respect of the marine environment, in accordance with the rights and obligations of States under the law of the sea.
ARTICLE 23. CONFERENCE OF THE PARTIES.
1. A conference of the Parties is hereby established. The Executive Director of the United Nations Environment Programme shall convene the first meeting of the Conference of the Parties not later than one year after the entry into force of this Convention. From there onwards, the regular meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference at its first meeting.
2. The extraordinary meetings of the Conference of the Parties shall be held when the Conference considers it necessary or when any of the Parties so request in writing, provided that within six months of receipt of the Secretariat, communication of such request, one third of the Parties, at least, support it.
3. The Conference of the Parties shall agree and adopt by consensus its rules of procedure and those of any subsidiary bodies it establishes, as well as the financial regulation governing the financing of the Secretariat. At each regular meeting, the Conference of the Parties shall adopt a budget for the financial year until the next regular meeting.
4. The Conference of the Parties shall examine the implementation of this Convention and to that end:
a) It shall establish the form and intervals for transmitting the information to be submitted in accordance with Article 26, and shall examine that information, as well as the reports submitted by any subsidiary body;
(b) Examine scientific, technical and technological advice on biological diversity provided in accordance with Article 25;
(c) Examine and adopt, as appropriate, protocols in accordance with Article 28;
(d) Examine and adopt, as appropriate, amendments to this Convention and its Annexes, in accordance with Articles 29 and 30;
e) Examine the amendments to all protocols, as well as all the annexes thereto, and, if so decided, recommend their adoption to the Parties in the relevant protocol;
(f) Examine and adopt additional Annexes to this Convention, as appropriate, in accordance with Article 30;
g) Shall establish subsidiary bodies, in particular scientific and technical advice, deemed necessary for the implementation of this Convention;
(h) Contact, through the Secretariat, the executive bodies of the conventions dealing with matters governed by this Convention, with a view to establishing appropriate forms of cooperation with them; and
i) shall examine and take all other measures necessary to achieve the objectives of this Convention in the light of the experience gained during its implementation.
5. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State which is not a Party to this Convention, may be represented as observers at the meetings of the Conference of Parts. Any other national or international body or body, whether governmental or non-governmental, with competence in the areas related to the conservation and sustainable use of biological diversity, which has informed the Secretariat of his wish to be represented, as an observer, at a meeting of the Conference of the Parties, he may be admitted to participate unless at least one third of the Parties present oppose it. The admission and participation of observers shall be subject to the regulation approved by the Conference of the Parties.
1. A Secretariat is established, with the following functions:
(a) Organise the meetings of the Conference of the Parties provided for in Article 23, and provide the necessary services;
b) Perform the functions assigned to you in the protocols;
c) Prepare reports on the activities that you perform in the performance of your duties under this Convention, to be presented to the Conference of the Parties;
(d) Ensure the necessary coordination with other relevant international bodies and, in particular, arrange administrative and contractual arrangements that may be necessary for the effective performance of their functions; and
e) To perform the other functions determined by the Conference of the Parties.
2. At its first regular meeting, the Conference of the Parties shall appoint the Secretariat by choosing it among the competent international organisations which have been prepared to carry out the functions of the Secretariat established in the present Convention.
ARTICLE 25. SUBSIDIARY BODY FOR SCIENTIFIC, TECHNICAL AND TECHNOLOGICAL ADVICE.
1. A subsidiary body of scientific, technical and technological advice is hereby established in order to provide the Conference of the Parties and, where appropriate, its other subsidiary bodies, appropriate advice on the application of this Regulation. Convention. This body shall be open to the participation of all Parties and shall be multidisciplinary. It shall be composed of representatives of the governments with competence in the relevant field of expertise. It shall regularly report 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 established by the Conference and at the request of the Conference itself, this body:
a) Provide scientific and technical assessments of the state of biological diversity;
(b) Prepare scientific and technical assessments of the effects of the types of measures adopted in accordance with the provisions of this Convention;
c) Identify technologies and expertise that are innovative, efficient and more advanced related to the conservation and sustainable use of biological diversity and will provide advice on ways of to promote the development and/or transfer of these technologies;
d) Provide advice on scientific programmes and international cooperation in research and development on the conservation and sustainable use of biological diversity; and
e) Answers to questions of a scientific, technical, technological and methodological nature that the Conference of the Parties and its subsidiary organs pose to it.
3. The Conference of the Parties may further extend the functions, mandate, organisation and functioning of this body.
ARTICLE 26. REPORTS. Each Contracting Party, with the periodicity to be determined by the Conference of the Parties, shall submit to the Conference of the Parties reports on the measures it has taken to implement the provisions of this Convention and on the effectiveness of those measures for the achievement of the objectives of the Convention.
ARTICLE 27. DISPUTE RESOLUTION.
1. If a dispute arises between Contracting Parties in relation to the interpretation or application of this Convention, the Parties concerned shall endeavour to resolve it by negotiation.
2. If the Parties concerned cannot reach an agreement by negotiation, they may jointly request the good offices or the mediation of a third party.
3. When ratifying, accepting, approving this Convention, or acceding to it, or at any later time, a State or regional economic integration organization may declare, by written communication sent to the Depositary, that in the case of an unresolved dispute, in accordance with the provisions of paragraph 1 or paragraph 2 of this Article, accepts one or both of the following means of dispute settlement, recognising its mandatory character:
(a) Arbitration in accordance with the procedure set out in Part 1 of Annex II;
b) Presentation of the controversy to the International Court of Justice.
4. If, pursuant to paragraph 3 of this Article, the Parties to the dispute have not accepted the same procedure or procedure, the dispute shall be submitted to conciliation in accordance with Part 2 of Annex II, less than the Parties agree otherwise.
5. The provisions of this Article shall apply with respect to any protocol, unless otherwise indicated in that protocol.
ARTICLE 28. ADOPTION OF PROTOCOLS.
1. The Contracting Parties shall cooperate in the formulation and adoption of protocols to this Convention.
2. The protocols shall be adopted at a meeting of the Conference of the Parties.
3. The Secretariat shall communicate to the Contracting Parties the text of any proposed protocol at least six months before such a meeting is held.
ARTICLE 29. AMENDMENTS TO THE CONVENTION OR PROTOCOLS.
1. Any 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 concerned.
The text of any proposed amendments to this Convention or any protocol, except where otherwise provided for in this Protocol, shall be communicated to the Parties in the instrument concerned by the Secretariat at least six months before the date of its entry into force. the meeting at which its adoption is proposed. The Secretariat shall also communicate the 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 proposal to amend this Convention or any Protocol. Once all efforts to reach a consensus have been exhausted without agreement, the amendment shall be adopted as a last resort by a two-thirds majority of the Contracting Parties to the instrument concerned, present and voting. at the meeting, and shall be presented to all Contracting Parties by the Depositary for ratification, acceptance or approval.
4. The ratification, acceptance or approval of the amendments shall be notified to the Depositary in writing. Amendments adopted in accordance with paragraph 3 of this Article shall enter into force on the Parties which have accepted them on the ninetieth day after the date of deposit of the instruments of ratification, acceptance or approval by at least two-thirds of the Contracting Parties to this Convention or of the Parties to the Protocol in question, unless otherwise provided for in the present Convention. From there onwards, the amendments shall enter into force in respect of any other Party, 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 that are present and cast an affirmative or negative vote.
ARTICLE 30. ADOPTION AND AMENDMENT OF ATTACHMENTS.
1. The Annexes to this Convention or any Protocol shall form an integral part of the Convention or of that Protocol, as appropriate, and, unless otherwise expressly provided for, any reference to this Convention or its protocols at the same time apply to any of the annexes. Those Annexes shall deal exclusively with procedural, scientific, technical and administrative matters.
2. Unless otherwise provided in any of the protocols with respect to its Annexes, the following procedure shall be followed for the proposal, adoption and entry into force of additional Annexes to this Convention or of Annexes to a Protocol:
(a) The Annexes to this Convention and any Protocol shall be proposed and adopted in accordance with the procedure laid down in Article 29;
(b) Any Party which is unable to accept an additional Annex to this Convention or an Annex to any of the protocols in which it is a Party shall notify the Depositary in writing within the year following the date of the communication of the adoption by the the Depositary. The Depositary shall communicate without delay to all Parties any notification received. A Party may at any time withdraw an earlier statement of objection, and in such case the Annexes shall enter into force in respect of that Party, subject to the provisions of paragraph (c) of this Article;
(c) By beating the one-year period from the date of the communication of the adoption by the Depositary, the Annex shall enter into force for all Parties to this Convention or the Protocol in question which have not made a notification. in accordance with the provisions of 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 this Convention. a protocol.
4. Where a new Annex or an amendment to an Annex relates to an amendment to this Convention or to any Protocol, the new Annex or the amended Annex shall not enter into force until the amendment to the Convention or the Protocol that it is treat.
1. Subject to the provisions of paragraph 2 of this Article, each Contracting Party to this Convention or any Protocol shall have one vote.
2. Regional economic integration organisations shall exercise their right to vote on matters falling within their competence with a number of votes equal to the number of their Member States which are Contracting Parties to this Convention or to the Protocol. relevant. Such organisations shall not exercise their voting rights if their Member States exercise their right, and vice versa.
ARTICLE 32. RELATIONSHIP BETWEEN THIS CONVENTION AND ITS PROTOCOLS.
1. A State or regional economic integration organisation may not be party to a protocol unless it is, or is at the same time, a Contracting Party to this Convention.
2. Decisions relating to any protocol may be taken only by the Parties to the Protocol in question. Any Contracting Party that has not ratified, accepted or approved a protocol may participate as an observer in any meeting of the Parties to that protocol.
ARTICLE 33. present Convention will be open for signature in Rio de Janeiro for all States and for any organization of regional economic integration from June 5, 1992 until June 14, 1992, and at the Headquarters of the United Nations. United, 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 the States and by regional economic integration organizations. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. Any organization referred to in paragraph 1 of this Article that becomes a Contracting Party to this Convention or any protocol, without Contracting Parties to them, shall be bound by all of the obligations under the Convention or the Protocol, as appropriate. In the case of such organisations, where one or more of its Member States are Contracting Parties to this Convention or the relevant protocol, the organisation and its Member States shall decide on their respective responsibilities. as regards the fulfilment of the obligations under the Convention or the Protocol, as appropriate. In such cases, the organisation and the Member States shall not be entitled to exercise concurrently the rights provided for in this Convention or in the relevant protocol.
3. In their instruments of ratification, acceptance or approval, the organisations referred to in paragraph 1 of this Article shall declare the scope of their competence in respect of matters governed by this Convention or by the Protocol. relevant. Those organisations shall also inform the Depositary of any relevant changes to the scope of their competence.
1. This Convention and any Protocol shall be open to the accession of States and regional economic integration organisations from the date on which the deadline for signature of the Convention or the relevant Protocol expires. The instruments of accession shall be deposited with the Depositary.
2. In their instruments of accession, the organisations referred to in paragraph 1 of this Article shall declare the scope of their competence in respect of matters governed by this Convention or by the relevant protocol. Those organisations shall also inform the Depositary of any relevant changes to the scope of their competence.
3. The provisions of Article 34, paragraph 2, shall apply to regional economic integration organisations which adhere to this Convention or any protocol.
1. This Convention shall enter into force on the ninetieth day after the date on which the 30th instrument of ratification, acceptance, approval or accession has been deposited.
2. Any Protocol shall enter into force on the ninetieth day after the date on which the number of instruments of ratification, acceptance, approval or accession stipulated in that Protocol has been deposited.
3. For each Contracting Party ratifying, accepting or approving this Convention or acceding to it after the 30th instrument of ratification, acceptance, approval or accession has been deposited, the Convention shall enter into force on ninetieth day after the date on which that Party has deposited its instrument of ratification, acceptance, approval or accession.
4. Any Protocol, except as otherwise provided, shall enter into force for the Contracting Party which ratifies, accepts or approves or adheres to it after its entry into force in accordance with the provisions of paragraph 2 of this Article. Not more than 40 days after the date on which that Contracting Party deposits its instrument of ratification, acceptance, approval of accession, or on the date on which this Convention enters into force for that Contracting Party, if this second date is back.
5. For the purposes of paragraphs 1 and 2 of this Article, instruments deposited by a regional economic integration organization shall not be considered to be additional to those deposited by the Member States of such an organization.
ARTICLE 37. RESERVATIONS. No reservations may be made to this Convention.
1. At any time after the expiry 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 denunciation shall be effective after the expiry of a period of one year from the date on which the Depositary has received the notification, or at a later date specified in the notification of the complaint.
3. Any Contracting Party reporting this Convention shall be deemed to have also denounced the protocols in which it is a party.
ARTICLE 39. PROVISIONAL FINANCIAL PROVISIONS. On condition that it has been fully restructured, in accordance with the provisions of Article 21, the Global Environment Facility, of the United Nations Development Programme, the The United Nations Environment Programme and the International Bank for Reconstruction and Development shall be the institutional structure referred to in Article 21 for the period from the entry into force of this Agreement. Convention and the first meeting of the Conference of the Parties, or until the Conference of the Parties Parties decide to set an institutional structure in accordance with Article 21.
ARTICLE 40. PROVISIONAL ARRANGEMENTS FOR SECRETARIAT. The Secretariat referred to in Article 24, paragraph 2, shall, on a provisional basis, from the entry into force of this Convention until the first meeting of the Conference of the Parties, Secretariat to establish the Executive Director of the 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, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited with the Secretary-General of the United Nations.
In testimony of which, the undersigned,
duly authorized to that
effect, they sign this Convention.
Made in Rio de Janeiro on June 5
of a thousand nine hundred and ninety-two.
IDENTIFICATION AND TRACKING
1. Ecosystems and habitats that: contain a great diversity, a large number of endemic or endangered species, or wildlife; are necessary for migratory species; have social, economic, cultural or scientific importance; or representative or unique or are linked to processes of evolution or other biological processes of essential importance;
2. Species and communities that: are threatened; are wild species related to domesticated or cultivated species; have a medicinal or agricultural value or economic value of a different nature; have social, scientific or cultural importance; or important for research on the conservation and sustainable use of biological diversity, such as characteristic species; and
3. Description of genomes and genes of social, scientific or economic importance.
ARBITRATION
ARTICLE 1A. The complaining Party shall notify the Secretariat that the Parties submit the dispute to arbitration in accordance with the provisions of Article 27 of the Convention. The notification shall state the question to be referred to the arbitration and shall refer in particular to the Articles of the Convention or the Protocol for which the interpretation or application is concerned.
If the Parties do not agree on the subject matter of the dispute before the President of the Court is appointed, the arbitral tribunal shall determine that question. The Secretariat shall communicate 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 be composed of three members. Each Party to the dispute shall appoint an arbitrator, and the two arbitrators so appointed shall appoint by common agreement the third arbitrator, who shall assume the chairmanship of the tribunal. That last arbitrator shall not be a national of either Party to the dispute, nor shall he have a habitual residence in the territory of any of those Parties, nor be in the service of any of them, nor have he dealt with the matter in any other concept.
2. In disputes between more than two Parties, those who share the same interest shall appoint an arbitrator by common accord.
3. Any vacancy that occurs will be covered in the prescribed form for the initial appointment.
1. If the Chairman of the arbitral tribunal has not been appointed within two months of the appointment of the second arbitrator, the Secretary-General of the United Nations shall, at the request of a Party, appoint him within a new period of time. two months.
2. If two months after receipt of the request by one of the Parties to the dispute has not made the appointment of an arbitrator, the other Party may inform the Secretary-General of the United Nations, who shall appoint the other arbitrator in a new two-month deadline.
ARTICLE 4A. The arbitral tribunal shall take its decision in accordance with the provisions of this Convention and any protocol in question, and international law.
ARTICLE 5A. Unless otherwise decided by the Parties to the dispute, the arbitral tribunal shall adopt its own procedure.
