134/1999 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that on 5 December. June 1992 in
Rio de Janeiro adopted Convention on biological diversity.
On behalf of the United States, the Convention was signed in New York on 4 October. June
1993. The instrument of approval of the Convention on biological diversity, the Czech
Republic was deposited with the Secretary-General of the United
Nations, the depositary of the Convention, on July 3. December 1993. The Convention entered into
force on the basis of article 36 para. 1 day 29. December 1993. For
The Czech Republic entered into force of the Convention in accordance with the wording of
paragraph 3 of the same article of the day 3. March 1994.
Czech translation of the Convention shall be published at the same time.
CONVENTION
on biological diversity
The Contracting Parties,
conscious of the true value of biodiversity and environmental,
genetic, social, economic, scientific, educational,
cultural, recreational and aesthetic values of biological diversity
(biodiversity) and its components,
conscious of the importance of biodiversity also for evolution and conservation
life sustaining systems of the biosphere,
Reaffirming that the protection of biodiversity is a common concern of humankind,
Reaffirming that States have the sovereign right to their biological
resources,
Also reaffirming that States are responsible for the protection of their
biodiversity and for the use of their biological resources sustainably
in a sustainable manner,
concerned that biodiversity is the significantly reduced certain
human activities,
aware of the general lack of information and knowledge relating to
biodiversity and the urgent need for the creation of a scientific, technical and
institutional capacity-building as a prerequisite of understanding, which is
the starting point for the planning and implementation of the measures concerned,
Noting that it is vitally important to predict preemptively to limit
and remove the causes of significant reduction or loss of biodiversity directly
at source,
Noting also that where there is a threat of significant reduction
or loss of biodiversity may not be the lack of absolute scientific certainty
used as a reason for postponing measures to avoid this
the threat or its limitation to the lowest possible level,
Noting further that the fundamental requirement of the protection of biodiversity is
protection of ecosystems and natural habitats and the maintenance and in situ recovery
viable populations of species in their natural environment,
Noting further that ex situ measures, preferably in the original country
It must also play an important role,
Recognizing the close and long-standing dependence of many indigenous and local
the community and their traditional lifestyles on biological
resources and the requirement of equal share in the profits from the exploitation of
traditional knowledge, innovations and practices appropriate for the protection of
of biodiversity and the sustainable use of its components,
Recognizing also the vital role played by women in protecting and
sustainable use of biodiversity, and reaffirming the need for full
the participation of women at all levels of decision-making and implementation of measures to protect the
biodiversity,
Stressing the importance of and the need to promote international, regional and
global cooperation between States, intergovernmental organizations and
non-governmental sector in the protection of biodiversity and the sustainable
use of its constituents,
Bearing in mind that the provision of new and additional financial resources and
appropriate access to relevant technologies can lead to substantial
change the world's ability to face the loss of biodiversity,
taking further into account that are required special measures to ensure
needs of developing countries, including the provision of new and additional
financial resources and appropriate access to relevant technologies,
Noting in this regard the special conditions of the least developed
countries and small island developing States,
considering that the protection of biodiversity are needed extensive
of the investment, and that we can expect a wide range of environmental, economic
and social benefits of these investments,
Recognizing that economic and social development and poverty eradication are
the primary and deciding the priorities of developing countries,
aware that the conservation and sustainable use of biodiversity
has critical importance for ensuring the nutrition, health and other needs
the growing world population, and that for this purpose it is necessary to allow
access to genetic resources and technologies, as well as their sharing,
Noting that the conservation and sustainable use of biodiversity
will strengthen the friendly relations among States and contribute to peace for mankind,
Desiring to enhance and complement existing international arrangements for the protection of
biodiversity and the sustainable use of its components and
determined to protect and sustainably use biodiversity
for the benefit of present and future generations,
have agreed as follows:
Article 1
The objectives of the
The objectives of this Convention, which are to be in accordance with its relevant
the provisions of the protection of biodiversity are monitored, sustainable
use of its components and the fair and equitable distribution of the benefits
resulting from the use of genetic resources, including the corresponding
access to genetic resources and appropriate transfer of relevant
technologies, taking into account all rights to these resources and technologies,
including appropriate financing.
Article 2
Use of terms
For the purposes of this Convention:
"Biodiversity (biological diversity)" means variability of all
living organisms, including, inter alia, terrestrial, marine and other
aquatic ecosystems and the ecological complexes of which they are part;
It includes diversity within species, between species and the diversity of ecosystems.
' Biological resources ' includes genetic resources, organisms or their
parts of the population or any other component of ecosystems is, above
the actual or potential use or value for humanity.
"Biotechnology" means any technology that uses
biological systems, living organisms or derived from
biological systems to produce or modify products or processes for
specific use.
"The country of origin of genetic resources ' means a State that owns these
genetic resources in in situ conditions.
"Country providing genetic resources" means the country supplying genetic
the resources obtained from in situ sources, including populations of wild and
domesticated species, or obtained from sources, which may ex situ, but
may not have originated in that country.
"Domesticated or cultivated species" are species for which the development
process influenced by humans to meet their needs.
"Ecosystem" means a dynamic complex communities of micro-organisms,
plants and animals and the inanimate environment in mutual
the bindings as a functional unit.
"Ex situ Protection" means protection of components of biodiversity outside their
the natural habitat.
"Genetic material" means any material of plant,
animal, microbial or other origin containing functional
units of heredity.
' Genetic resources ' means genetic material of actual or
potential value.
"Habitat (biotope)" means the place or type of the natural range of
individuals or populations.
"In situ Conditions" are conditions where genetic resources exist within the
of ecosystems and natural habitats; in the case of domesticated or
cultivated species in an environment where they have developed their distinctive
the properties of the.
"In situ Protection" means protection of ecosystems and natural habitats,
including the maintenance and restoration of viable populations of species in their
the natural environment, and in the case of domesticated or cultivated species, in the
environment where they have developed their distinctive properties.
"Protected area" means a geographically defined area which is determined
or controlled and managed in order to achieve the specific objectives of protection
nature.
"Regional economic integration organization" means an organization
created by sovereign States of a given region to which its Member States
have transferred competence over matters covered by this Convention, and
which has been duly authorised, in accordance with its internal procedures, to
signature, ratification, acceptance, approval or accession to this Convention,
her.
"Sustainable use" means the use of components of biodiversity
in such a way and to such an extent that does not lead to the long-term
biodiversity decline, thereby maintaining its potential to meet
the needs and hopes of present and future generations.
"Technology" includes biotechnology.
Article 3
The principle of the
States have, in accordance with the Charter of the United Nations and the principles of international law,
the sovereign right to exploit their own resources in accordance with their own
environmental protection policies; have the responsibility for ensuring the
to ensure that activities within their jurisdiction or control did not cause
the damage to the environment of other States or territories beyond the borders of the national
the scope of the.
Article 4
The scope of the
With regard to the rights of other States, and except as expressly provided in
This Convention, the provisions of this Convention apply, in relation to each of the Contracting
side:
(a) in the case of components of biodiversity in the territory in the framework of its national
the scope of, and
(b) in the case of processes and activities carried out within the framework of its competence,
or under its supervision in the territory of its national scope or
the borders of national scope, and that regardless of where the effect
their effects.
Article 5
Cooperation
Each Contracting Party shall, where possible and appropriate, to cooperate with the
the other Contracting Parties, directly or, where appropriate,
through the competent international organisations in matters
relating to the territory beyond the reach of national scope and other
matters of mutual interest in the protection and sustainable
use of biodiversity.
Article 6
General measures for the protection and sustainable use of
Each Contracting Party shall, in accordance with their specific conditions and
options:
(a) develop national strategies, plans or programmes for the conservation and permanently
sustainable use of biodiversity, or edited for this purpose
existing strategies, plans and programmes, which should inter alia reflect the
the measures provided for in this Convention and relating to the Contracting Party concerned,
and
(b) incorporate, where possible and appropriate, protection and permanent
sustainable use of biodiversity into relevant sectoral or
cross-sectoral plans, programmes and policies.
Article 7
Identification and monitoring
Each Contracting Party shall, where possible and appropriate, particularly for the purposes of
articles 8 to 10, will be:
(a) specify the folder of biodiversity important for her protection and permanently
sustainable use having regard to the list of categories in annex I,
(b) regularly and long track through the sampling and
other methods of biodiversity components identified under subparagraph (a),
and will pay particular attention to those that you require for your
protection of urgent measures and those which offer the greatest potential for
sustainable use of,
(c) identify processes and categories of activities which have or would
could have a significantly negative impact on the protection and sustainable
the use of biodiversity, and will regularly and keep track of their
effects through sampling and other techniques, and
(d) to store and retrieve data in any way derived from the
identification and monitoring activities pursuant to subparagraphs (a), (b) and (c)
This article.
Article 8
In situ protection
Each Contracting Party shall, where possible and appropriate,
(a) establish a system of protected areas or territories where it is necessary to adopt
Special measures for the protection of biological diversity,
(b) develop, where necessary, guidelines for the selection, establishment and management of
protected areas or territories where it is necessary to adopt special measures to
the protection of biodiversity,
(c) to regulate or take care of biological resources important for the
the protection of biodiversity, whether in or outside the protected areas,
the aim of ensuring their protection and sustainable use of,
(d) will promote the protection of ecosystems and natural habitats, and
the maintenance of viable populations of species in their natural environment,
(e) will support the sustainable, environmentally sensitive
development in areas adjacent to protected areas with a view
extension of protection to these areas,
(f) will rehabilitate and restore damaged eco-systems and support
rescue endangered species, inter alia, through the creation and
implementation of emergency programmes or other approaches in caring for them,
(g) establish or maintain means to regulate, manage and control
the risks associated with the use and implementation of living modified
organisms as products of biotechnology that may have adverse
environmental impacts on the conservation and sustainable use of
biodiversity, the gateway will also be taking into account the risks to human
health,
(h) prevent the introduction of, control or exterminator will be those alien species that
threaten ecosystems, habitats or species,
(i) endeavour to provide the conditions needed for compatibility
the existing use of biodiversity with its protection and sustainable
the use of its constituents,
(j) within the limits of its national legislation, to respect, to protect and
maintain the knowledge, innovations and practices of indigenous and local communities
deities of the traditional life style suitable for protection and permanently
sustainable use of biodiversity; It will encourage their wider use of
with the approval and involvement of the owners of such knowledge, innovations and practices
and the fair distribution of profits resulting from the use of
of such knowledge, innovations and practices,
(k) establish or maintain necessary legislation and/or other
regulatory measures for the protection of threatened species and populations,
(l) where it was found in substantial adverse effects on biodiversity by
Article 7, regulate or manage the relevant processes and types of activities,
and
(m) will cooperate in providing financial and other support for
protection in situ, as conceived under the above mentioned letters (a) to
(l), in particular for developing countries.
Article 9
Ex situ protection
Each Contracting Party shall, where possible and appropriate, and predominantly for the purpose of
supplement the measures in situ:
(a) adopt measures to protect the components of biodiversity, particularly in the ex situ
the country of origin of such components,
(b) establish and maintain facilities for the protection and research of plants,
animals and micro-organisms, in particular ex situ collections in the country of origin of genetic
resources,
(c) shall adopt the measures for the recovery and salvage of threatened species and for their
reintroduction to their natural habitat of the ripe
conditions,
(d) will regulate and control the acquisition of biological resources from natural
habitats for ex situ protection purposes so as to avoid risks
ecosystems and in situ populations of species, except where they are needed
temporary ex situ measures referred to in subparagraph (c), and
(e) will cooperate in providing financial and other support for the protection of
ex situ referred to in points (a) to (d) and in establishing and maintaining
facilities for ex situ conservation in developing countries.
Article 10
Sustainable use of components of biological diversity
Each Contracting Party shall, where possible and as appropriate:
(and) will incorporate the interests of the protection and sustainable use of
biological resources in the decision-making processes at the national level,
(b) shall adopt the measures relating to the use of biological resources,
to reduce negative impacts on biodiversity in the smallest possible
peace or would allow to avoid them,
(c) to protect and encourage customary use of biological
resources in accordance with traditional cultural practices that are compatible
with the requirements of their protection or permanent use,
(d) will support the local population in the formation and implementation of corrective
measures in damaged areas, where biodiversity has been reduced, and
(e) it will encourage cooperation between its governmental authorities and private
sector in developing methods for sustainable use of biological
sources.
Article 11
Incentive measures
Each Contracting Party shall, where possible and appropriate, adopt economically and
socially acceptable measures that act as incentives for the
the protection and sustainable use of components of biological diversity.
Article 12
Research and training
The Contracting Parties, taking into account the specific needs of developing countries,
will be:
(a) create and maintain programmes for scientific and technical education and
practical training with a focus on the protection and sustainable use of
biodiversity and its components; will provide support
education and training for the specific needs of developing countries,
(b) promote and encourage research which contributes to the protection and permanently
sustainable use of biodiversity, especially in developing countries, between the
other in accordance with the decisions adopted by the Conference of the parties to the
the basis of the recommendations of the auxiliary advisory body for science, technology and
technology, and
(c) in compliance with the provisions of articles 16, 18 and 20 to provide support and
cooperate in the use of scientific progress in the context of the research
biodiversity, and developing methods of protection and sustainable
use of biological resources.
Article 13
Public education and awareness
The Contracting Parties shall:
(a) promote and encourage understanding of the importance of the protection of biodiversity, and
necessary measures related thereto; they will also promote the protection
biodiversity through the media and to promote
the inclusion of these issues in training programs, and
(b) cooperate with other States in an appropriate manner and
international organizations in the creation of education and public programs
public education regarding the protection and sustainable use of biological
diversity.
Article 14
Environmental impact assessment and reduction of adverse environmental impact to a minimum degree of
1. Each Contracting Party shall, as far as possible and as appropriate:
(a) shall establish appropriate procedures for evaluating the environmental impact on their
proposed projects for which there is a likelihood of serious
adverse effects on biodiversity, with the intent to be to avoid or
to limit such effects to a minimum; where appropriate, the
allow for public participation in such procedures,
(b) establish appropriate measures to ensure that the environmental consequences of its
programs and practices, for which it can be assumed a serious adverse
impacts on biodiversity, will be duly taken into account,
(c) support on the basis of reciprocity, notification, exchange of information
and consultation on such activities within its sphere of competence or
supervision, for which there is a likelihood of serious adverse
the impact on the biodiversity of other States or of areas beyond the limits of national
the scope of; to this end, it will support the conclusion of the relevant
bilateral, regional or multilateral agreements,
(d) in the event that, within easy reach of its scope or area of control
imminent or serious risk to biodiversity in range
the competence of other States or to territories outside the limits of national jurisdiction,
shall immediately notify the States which may be affected by such
danger or damage and will initiate an action to avoid or
minimise such a risk, or damage to, and
(e) at the national level will support the adoption of such emergency
the measures, which would respond to the activities or events occurring
naturally or otherwise, that represents a serious and immediate threat to the
biodiversity; It will promote international cooperation in the Tween
such national efforts and, where appropriate and agreed States or
relevant regional economic organizations, will help to create a
joint plans in case of unforeseen events.
2. the Conference of the Parties shall examine, on the basis of the studies that will be
processed, the issue of liability and compensation for damages, including compensation for the
damage to biodiversity, and the revivals, except where such
liability is a purely internal matter.
Article 15
Access to genetic resources
1. in recognition of the sovereign rights of States to their natural resources
is the power to determine access to genetic resources on the national
Government and is subject to national legislation.
2. each party will endeavour to create the conditions for
facilitate access to genetic resources and their environmental
the environment appropriate use of other parties and will not store
the restrictions, which would be contrary to the objectives of this Convention.
3. For the purposes of this Convention, the genetic resources provided by the Contracting
party within the meaning of this article and articles 16 and 19 only those resources that
are provided by the parties as the countries of origin of such resources
or by other parties that accompany the genetic resources in accordance with
This Convention.
4. access, where granted, shall be based on mutually agreed
terms and conditions and the provisions of this article.
5. access to genetic resources shall be subject to prior
qualified consent of the party providing such resources,
If it is not otherwise stipulated by this party.
6. each party will endeavour to develop and implement
scientific research based on genetic resources provided by
by other Contracting Parties with the full participation of these parties, if possible in
the country of origin of genetic resources.
7. each Contracting Party shall take appropriate legislative, administrative and
policy measures in accordance with articles 16 and 19 and, where this is
necessary, through the financial mechanism, created on the basis of the
articles 20 and 21, with a view to a just and equal distribution
the results of research and development and profit arising from commercial and other
use of genetic resources with the Contracting Party providing such
source. Such a division shall be on the basis of mutually agreed
terms and conditions.
Article 16
The transfer of technology and access to information
1. each Contracting Party, recognizing that technology includes
biotechnology, and that both access to technologies and their transfer between
the Contracting Parties are essential elements for the attainment of the objectives of this
The Convention, undertakes, in accordance with the provisions of this article to provide a
and/or facilitate access to other Contracting Parties of technologies or
pass the technology relating to the protection and sustainable
use of biodiversity or make use of genetic resources and do not cause
more serious damage to the environment.
2. Access to technologies and their transfer to developing countries within the meaning of
paragraph 1 shall be provided and/or facilitated under fair and
maximum favourable conditions, including concessions or preferential
conditions on the basis of mutual agreement, and, where necessary, in
accordance with the financial arrangements set out in articles 20 and 21. In
the case of technology subject to patent, or other proprietary
the rights of access and the transfer will be provided under conditions that
respect the adequate and effective protection of the rights relating to the
intellectual property rights and are in accordance with it. Application of this paragraph
must be in accordance with the following paragraphs 3, 4 and 5.
3. each Contracting Party shall take appropriate legislative,
administrative or policy measures with the aim of ensuring a mutually
agreed terms to the Contracting Parties, in particular as regards development
the countries providing genetic resources, access to technology and transfer of
technologies for the exploitation of these resources, including technology protected
patents and other laws relating to intellectual property rights; where is it
necessary, it shall do so by means of the provisions of articles 20 and 21 in accordance
with international law and in accordance with the following paragraphs 4 and 5.
4. each Contracting Party shall take appropriate legislative,
administrative or policy measures with the aim that the private sector
facilitate access to technology, their joint development and transfer in the
the meaning of paragraph 1, for the benefit of both governmental institutions and
the private sector of developing countries; in this respect, it will comply with
the commitments contained in paragraphs 1, 2 and 3.
5. the Contracting Parties, recognizing that patents and other rights relating to the
intellectual property rights may have an influence on the implementation of this Convention, the
work in this direction within the framework of national legislation and international
rights, to ensure that such rights are not support this Convention and
against its objectives.
Article 17
The exchange of information
1. The Contracting Parties shall facilitate the exchange of information relating to the
the protection and sustainable use of biodiversity from all publicly
open sources and will take into account the special needs of
in the developing countries.
2. this exchange of information shall include exchange of results of technical,
the scientific and socio-economic research, as well as information about
educational and exploratory programs, special knowledge,
indigenous and traditional knowledge as such and in combination with
the technologies referred to in article 16(1). 1. It also includes, where
practicable, return on information.
Article 18
Technical and scientific cooperation
1. If necessary, the Contracting Parties shall promote international
technical and scientific cooperation in the field of protection and sustainable
use of biodiversity through appropriate international and
national institutions.
2. All parties to this Convention will be in meeting support
international technical and scientific cooperation with other Contracting
the parties, particularly developing countries, inter alia through the creation of
and implementation of the concept at the national level. In promoting such cooperation
Special attention must be paid to creating and strengthening capacities
individual Nations through the development of skills of their residents
and the creation of relevant institutions.
3. the Conference of the parties at its first meeting, shall determine how to create
the mechanism of international exchange of information (clearing house) to support and
facilitate technical and scientific cooperation.
4. the Contracting Parties shall, when fulfilling the objectives of the Convention and in accordance with the
national legislation and plans to promote and develop methods of cooperation
in the development and use of technologies, including indigenous and traditional
technologies. To this end, the Contracting Parties shall also develop
cooperation on the training of professional staff and the exchange of experts.
5. the Contracting Parties shall, on the basis of mutual agreement, promote the creation
joint research programmes and joint ventures for the development of
technology complying with the objectives of this Convention.
Article 19
Handling of biotechnology and distribution of benefits, which of them goes
1. each Contracting Party shall take the appropriate legislative,
administrative, or policy measures to enable effective participation in
biotechnology research, especially to developing countries, which
provide the genetic resources for such research, as far as possible directly in the country,
where do these resources originate.
2. each Contracting Party shall take all practicable measures to
support and speed up the preferential access of the Contracting Parties, in particular
developing countries, on equal and fair conditions to the results
and benefits of the use of biotechnology that are based on genetic resources
provided by those Contracting Parties. Such an approach must be based
on mutually agreed terms and conditions.
3. the Parties shall consider the need for and modalities of a Protocol, which lays down the relevant
procedures, including-and especially-the agreement on the provision of timely
information concerning the safe transfer, handling and use of
any modified living organism resulting from the use
biotechnology that could have an adverse effect on the protection and permanently
sustainable use of biodiversity.
4. Each Contracting Party shall, directly or dotázáním any natural or
legal persons within their jurisdiction, dealing with organisms
referred to in paragraph 3 to provide all available information about the
regulations on the management of security regulations
required by this Contracting Party in handling such organisms;
to provide all available information about the possible adverse impact
the relevant specific organisms relating to the Contracting Party in which
These organisms are to be introduced.
Article 20
Financial resources
1. each Contracting Party undertakes to provide, in accordance with their
the possibilities of financial and other support for these activities at the national level,
that are targeted to achieve the aims of this Convention, in accordance with its
national plans, priorities and programmes.
2. the parties belonging to the developed countries should provide new and
additional financial resources to enable the Contracting Parties of the developing
countries fully cover the agreed incremental costs when introducing the measure,
which fulfil the obligations of this Convention and to benefit from its
provisions. These costs are agreed between a party belonging to the
developing countries and the institutional structure referred to in article 21 in the
accordance with the policy, strategy, programme priorities and criteria
selection and a list of additional costs, as will determine the Conference of the parties. Other
Parties, including countries undergoing the process of transition to a market economy,
may voluntarily assume the obligations of the parties belonging to the developed countries.
For the purposes of this article, the Conference of the Parties shall establish at its first
the meeting list of parties belonging to the developed countries and other parties
you voluntarily take on the obligations of the parties belonging to the developed
countries. The Conference of the parties will regularly assess and, where appropriate, Supplement
This list. Provision of financial contributions on a voluntary basis from other
countries and resources will also be supported. The implementation of these commitments will be taken
into account the need for adequate, predictable and timely flow of
resources and the importance of burden sharing among the contributing Parties included
in the list.
3. the parties belonging to the developed countries may also provide, and developing
the country used financial resources related to the application of the Convention
through bilateral, regional and other multilateral
channels.
4. The extent to which the parties belong to the developing countries to effectively meet its
commitments under this Convention will depend on the effective fulfilment of the commitments
This Convention parties from developed countries in relation to financial resources and
transfer of technology and will fully reflect the fact that economic and
social development and poverty eradication are the first and overriding
the priorities of the parties from developing countries.
5. in the actions that they are taking about financing and the transfer of
technology, the parties will fully take into account the specific needs and
the special situation of the least developed countries.
6. The Contracting Parties shall also take into consideration the special conditions resulting from the
According to the biological diversity, its extension and location for party
belonging to the developing countries, especially small island States.
7. Account must also be taken of the special situation of developing countries,
including those that are ecologically most vulnerable, such as the countries with the
desert and polopouštními zones, coastal and mountain areas.
Article 21
The financial mechanism
1. for the purposes of this Convention will be established a mechanism for the provision of
the financial resources of the parties belonging to the developing countries on the basis of grants
or concessions; its essential elements are described in this article. This
the mechanism will work within the framework of the Conference of the parties, under its
the guidance and control. The activities of this mechanism will be implemented on the
under such an institutional structure that will be agreed
Conference of the parties at its first meeting. For the purposes of this Convention, shall determine
the Conference of the parties, policy, strategy, programme priorities and criteria
choice regarding the access to such resources and their use.
Contributions shall be such that, taking into account the need for predictability,
the adequacy and timeliness of the flow of funds within the meaning of article
20, in accordance with the amount of needed resources that will be determined by the
Conference of the parties on a regular basis, and the importance of burden sharing among
the contributing Parties included in the list referred to in article 20 (2). 2.
Parties from developed and other countries as well as from other sources may be
also provided voluntary contributions. The mechanism will work in
the framework of a democratic and transparent management system.
2. In advancing the objectives of this Convention, the Conference of the parties at its first
the meeting shall determine the policy, strategy and programme priorities, as well as
the detailed criteria and selection policies for access to and use of the financial
resources, including the regular and long-term monitoring and evaluation
such a usage. The Conference of Parties shall decide on the measures to implement the
paragraph 1 of this article, after consultation with the institutions responsible for
the operation of the financial mechanism.
3. the Conference of the Parties shall review the effectiveness of the mechanism established in accordance with
This article, including the criteria and principles referred to in paragraph 2,
no later than two years after the entry into force of this Convention; Furthermore, as will be
do regularly. On the basis of such an assessment will take appropriate
steps to improve the effectiveness of this mechanism, if necessary.
4. the Contracting Parties shall consider strengthening existing financial institutions to
to ensure financial resources for the conservation and sustainable use of
biodiversity.
Article 22
Relationship to other international agreements,
1. the provisions of this Convention shall not affect the rights and obligations of any
of the Contracting Parties under any existing international
the agreement, except in the case where the exercise of those rights and obligations have caused
serious damage or threat to biodiversity.
2. the Contracting Parties shall apply this Convention in relation to the marine environment
consistent with the rights and obligations of States under the law of the sea.
Article 23
The Conference of the parties
1. the Conference of the parties is hereby established. The first meeting of the
the Conference of the Parties shall be convened by the Executive Director of the United Nations
Environment Programme (UNEP) not later than one year after this Convention
it enters into force. Since then, ordinary meetings of the Conference will be held
the parties at regular intervals to be determined by the Conference at its first
meeting.
2. Extraordinary meetings of the Conference of the Parties shall be held when it
the Conference considers it necessary, or at the written request of any party for
provided that, within six months after the application was notified to the
the other parties by the Secretariat, will be supported by at least one third
of the Contracting Parties.
3. the Conference of the parties a general happens to agree upon and adopt rules of procedure
for themselves and for each subsidiary body, which shall establish, where appropriate, as well as
the financial rules, which will govern the funding of the Secretariat.
At each regular meeting shall adopt the budget for the financial period to
the next ordinary meeting.
4. the Conference of the parties will review the implementation of this Convention and for this
purpose:
(a) establish the form and the intervals for transmitting the information to be
provided in accordance with article 26; shall take such information, as well as
the reports submitted by any subsidiary body, into account,
(b) to assess the scientific, technical and technological advice in
biodiversity matters provided in accordance with article 25,
(c) take into account and, if necessary, adopt protocols in accordance with the
Article 28,
(d) take into account and, if necessary, be adopted in accordance with articles 29 and 30
amendments to this Convention and its annexes,
(e) take into account the amendments to any protocol, as well as
any attachments thereto, and, if so decided, recommend their will
adoption to the parties, which the Protocol refers to,
(f) take into account and, if necessary, be adopted in accordance with article 30
additional annexes to this Convention,
(g) create such subsidiary organs, especially to ensure the scientific and
technical advice, which will be deemed necessary for the
the implementation of this Convention,
(h) through the secretariat will contact the executive bodies of conventions
dealing with the matters treated in this Convention with a view to the
establishing appropriate forms of cooperation with them, and
(i) consider and undertake any additional action that may be
necessary to achieve the objectives of this Convention in the light of the experience gained
in its implementation.
5. The UNITED NATIONS, its specialized agencies and the International Agency for
Atomic Energy Community, as well as any State not party to this
Convention, may be represented as observers at meetings of the Conference
party. Each of the other authorities or agencies, whether governmental or non-governmental, which
have qualifications in fields relating to the conservation and sustainable
the use of biodiversity and which have informed the Secretariat of its wish to be
represented as observers at meetings of the Conference of the parties, may be
admitted, unless at least one third of the Parties present
an objection. Admission and participation of observers shall be subject to the rules
procedure approved by the Conference of the parties.
Article 24
The Secretariat of the
1. the Secretariat is hereby established. Its functions will be:
(a) to arrange for and ensure the meeting of the Conference of the parties within the meaning of article 23,
(b) carry out the functions attributed to it by any protocol,
(c) to prepare reports on the execution of its functions under this Convention and
present them to the Conference of the parties,
(d) to coordinate its activities with other relevant international
authorities and in particular to enter into such administrative and contractual
relations, which may be required for the effective performance of its functions, and
(e) exercise such other functions that may be determined by the Conference
party.
2. At its first regular meeting of the Conference of the Parties shall designate the Secretariat
Select from existing competent international organisations,
have expressed their willingness to carry out the secretariat functions under this Convention.
Article 25
An auxiliary advisory body on Science, engineering and technology
1. The subsidiary body for scientific, technical and technological advice is
hereby established to provide the Conference of the parties and according to the needs of its
other auxiliary authorities timely recommendations concerning the implementation of this
Of the Convention. This body will be open to all parties and will be
multidisciplinary. It will be composed of representatives of the Government
competent in the relevant field. The Conference of the parties on a regular basis
to report on all aspects of its work.
2. Under the supervision of the Conference of the parties, in accordance with the established principles and
at her request, the Panel will:
(a) provide scientific and technical assessment of the State of biodiversity,
(b) prepare scientific and technical assessment of the effects of measures taken
in accordance with the provisions of this Convention,
(c) the search for innovative, efficient and modern technology and knowledge
relating to the protection and sustainable use of biodiversity, and
provide recommendations on ways and means of promoting the development and/or
the transfer of such technologies,
(d) to provide advice on scientific programmes and international affairs
cooperation in research and development relating to the protection and permanently
sustainable use of biodiversity, and
(e) respond to scientific, technical, technological and methodological
questions that the Conference of the parties and its subsidiary bodies may refer the
to such authority.
3. Function, internal directives, organizational and operational matters of the
authority can be further elaborated to Conference of the parties.
Article 26
Messages
Each Contracting Party shall, at intervals to be fixed by the Conference
party, to submit to the Conference of the parties reports on the measures adopted by the
for the implementation of the provisions of this Convention and their effectiveness in
fulfilment of the objectives of this Convention.
Article 27
Settlement of disputes
1. in the event of a dispute between Contracting Parties concerning the interpretation of
or application of this Convention, the parties concerned shall seek solutions
by negotiation.
2. If the parties concerned cannot be a consensus through negotiation, they may jointly
search for conciliation assistance or ask for mediation by a third party.
3. when ratifying, accepting, approving or acceding to this
Convention, or at any time thereafter, a State or a regional organization
economic integration in writing notify the store because of the dispute, which
has not been settled in accordance with paragraph 1 or 2, it accepts one or both of the
the following means of dispute settlement as compulsory:
(a) arbitration in accordance with the procedure laid down in part 1 of annex II,
(b) submission of the dispute to the International Court of Justice.
4. Where the parties are in dispute, have not adopted in accordance with paragraph 3,
such or other procedure, the dispute shall be submitted to conciliation in
accordance with part 2 of annex II, if they have agreed otherwise.
5. the provisions of this article shall be applicable in respect of each
the Protocol, unless otherwise provided for in the Protocol.
Article 28
Adoption of protocols
1. The Contracting Parties shall cooperate in the formulation and adoption of
protocols to this Convention.
2. The logs shall be adopted at the meeting of the Conference of the parties.
3. the Text of any proposed Protocol shall be communicated to the Contracting Parties to the
by the Secretariat at least six months before such a meeting.
Article 29
Amendments to the Convention or protocols
1. Amendments to this Convention may be proposed by any Contracting
party. Amendments to any protocol may be proposed by
any party to such a protocol.
2. Amendments to this Convention shall be adopted at the session of the Conference
party. Amendments to any Protocol shall be adopted at the
meeting of the parties the relevant Protocol. The text of any proposed
the addendum or amendment to this Convention or to any protocol, except
in the case where it is otherwise provided for in the Protocol shall be notified to the concerned
to the parties by the Secretariat at least six months before the meeting at which they are
proposed for adoption. The Secretariat shall also communicate proposed amendments and additions
the signatories to this Convention for information.
3. the Parties shall make every effort to reach agreement on any of the
designed for or about the amendment to this Convention or the Protocol universal
match. Where have all the resources to the agreement and the agreement
has not been reached, the add-in, or a change in the last instance may be
adopted by a two thirds majority of those present at the hearing of this matter
voting parties and will be submitted by the depositary to all parties for
ratification, acceptance or approval.
4. Ratification, acceptance or approval of amendments shall be notified to or add-ins
to the depositary in writing. Amendments adopted in accordance with paragraph 3,
shall enter into force for the parties which have accepted them on the 90th day after the
ratification, acceptance or approval by at least
two-thirds of the Contracting Parties to this Convention or of the parties concerned
the Protocol, except where it is otherwise provided for in this Protocol.
Similarly, the amendments go into effect for any other party
the ninetieth day after that Party deposits its instrument of ratification,
acceptance or approval to change or add-in.
5. for the purposes of this article, the designation "Parties present and voting"
means Parties present and expressing positive or negative attitude
by taking a vote.
Article 30
Receiving attachments and their replenishment
1. annexes to this Convention or to any Protocol shall form an integral
part of this Convention or of such Protocol, and if it is not explicitly
unless otherwise specified, a reference to this Convention or its protocols constitutes
at the same time a reference to any annexes of these documents. Such attachments
will be restricted to procedural, scientific, technical and administrative
Affairs.
2. Except in cases where it is in one of the annexes to the Protocol on its
unless otherwise provided, for the design, adoption and entry into force of the additional
the annexes to this Convention or of annexes to any protocol will pay
the following procedure:
(a) annexes to this Convention or to any Protocol shall be proposed and
adopted in accordance with the procedure laid down in article 29,
(b) any party that is unable to approve an additional annex to this
Convention or an annex to any protocol to which it is a party, it shall notify the
to the depositary in writing, within one year from the date of the notification of its acceptance,
made by the depositary. The depositary shall without delay notify all parties of the
such notification received. A party may at any time withdraw your previous
Declaration of objection and the annexes on the basis of the entry for this page
the entry into force referred to in subparagraph (c),
(c) after the expiry of one year from the date of receipt by the depositary of communication
fit the attachment enter into force for all parties to this Convention or to any
of the Protocol, if they have not submitted a notification in accordance with
the provisions of point (b).
3. the proposal, adoption and entry into force of the supplements and amendments to the annexes to this
Of the Convention or to any Protocol shall be subject to the same procedure
as for the proposal, adoption and entry into force of annexes to the Convention or annexes
any protocol.
4. If any annex or amendment and supplement of the annex shall apply to
for, or amendments to this Convention or to any protocol, the additional
the annex or amendment and supplement shall not enter into force until such time as
into force of the amendment and supplement of the Convention or the relevant Protocol.
Article 31
Right to vote
1. With the exception of the provisions of paragraph 2 each Contracting Party to this Convention
or any protocol to one vote.
2. regional economic integration Organizations, in matters within their
competencies will exercise its right of option by the number of votes equal to the number of
of their Member States which are Contracting Parties to this Convention, or
the relevant Protocol. Such organizations shall not exercise their voting
right, if its Member States exercise their, and vice versa.
Article 32
Relationship between this Convention and its protocols
1. A State or regional economic integration organization may become a
party to a protocol unless it is or is not going to happen at the same time a party to the
of this Convention.
2. Decisions under any Protocol shall be taken only
the parties to the Protocol concerned. Any Contracting Party which
has not ratified or approved the Protocol did not take, can participate in the
any action the parties to this Protocol as an observer.
Article 33
The signature of the
This Convention shall be open for signature at Rio de Janeiro by all States and
any regional economic integration organization from 5. June 1992
14. June 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 the States and regional economic integration organisations.
Instruments of ratification, acceptance or approval shall be deposited with the
the depositary.
2. any of the organizations referred to in paragraph 1 above which becomes a Contracting
party to this Convention or any protocol without any of the
its Member States being a Contracting Party will be bound by all the
obligations arising under this Convention or the Protocol. In the case of
such organizations, where one or more States are Contracting Parties to
This Convention or relevant Protocol, the Organization and its Member States
must decide on the allocation of responsibility for the performance of their duties from the
This Convention or protocols. In such cases, the Organization and will not be
Member States shall be entitled to exercise rights under this Convention or
relevant protocol concurrently.
3. in their instruments of ratification, acceptance or approval schedules
organizations referred to in paragraph 1 shall determine the scope of their competence, given the
matters controlled by the Convention or the relevant Protocol. These
the Organization shall also inform the depositary of any relevant
change in the extent of their competence.
Article 35
The accession of the
1. this Convention and any Protocol shall be open for accession by States and
regional economic integration organizations from the date when the Convention or the
the Protocol is closed for signature by the parties. The instrument of accession
will be saved with the depositary.
2. In their instruments of accession, the organizations referred to in paragraph 1
define the scope of its competence, given the matters controlled by the Convention
or the relevant Protocol. These organizations shall also inform the depositary of
any relevant change in the extent of their competence.
3. The provisions of article 34 paragraph 2. 2 will apply to the Organization of the regional
economic integration which accedes to this Convention or to any
Protocol.
Article 36
Entry into force of
1. this Convention shall take effect on the ninetieth day after the date of deposit
of the thirtieth instrument of ratification, acceptance, approval or přistupovací of the Charter.
2. any protocol will be effective from the ninetieth day after the date of deposit
a number of instruments of ratification, acceptance, approval or
přistupovacích instruments, which is laid down in the Protocol.
3. For each Contracting Party which ratifies, accepts or approves
This Convention or accedes thereto after the deposit of the thirtieth instrument of ratification,
acceptance, approval, or přistupovací of the Charter, the Convention
the effectiveness of the ninetieth day after the date of deposit of ratification, acceptance,
approval or přistupovací of the Charter of that Contracting Party.
4. any protocol, unless otherwise specified, shall take effect
a Contracting Party which ratifies, accepts, approves or
After its entry into force in accordance with paragraph 2, the ninetieth day
After the date on which that Contracting Party deposits its ratification, acceptance,
approval or přistupovací instrument, or on the date on which this Convention
shall become effective for that party, whichever date is
later.
5. for the purposes of paragraphs 1 and 2, any instrument deposited by a will not
regional economic integration is considered additional to those
Member States of such organization.
Article 37
Reservations
This Convention cannot be made any reservations.
Article 38
The resignation of
1. at any time after two years from the date when the Convention entered into for her
force, a Contracting Party may withdraw from the Convention by giving written notification
to the depositary.
2. any such withdrawal occurs after the expiry of one year after the date of
receiving written notice by the depositary or such later
the date, which may be specified in the notification of withdrawal.
3. any Contracting Party which withdraws from the Convention shall be
considered as also having withdrawn from any protocol to which it is a party.
Article 39
Interim financial arrangements
Provided that, in accordance with the requirements of article 21 will be fully
restructured Global Environmental Fund (Global Environment
Facility) United Nations Development Programme (UNDP), the UNITED NATIONS Environment Programme
Environment Programme (UNEP) and the International Bank for reconstruction and development, will be
to form the interim institutional structure within the meaning of article 21 of the
the period between the entry into force of this Convention and the first meeting of the
the Conference of the parties, or until the Conference of the Parties decides that
the institutional structure will be established in accordance with article 21.
Article 40
The interim secretariat arrangements
The Secretariat, to be provided by the Executive Director of the United Nations
Environment Programme (UNEP), the Secretariat referred to in article 24, paragraph 1. 2 on
an interim basis for the period between the entry into force of this Convention, and
the first meeting of the Conference of the parties.
Article 41
The depositary
The UN Secretary General will perform the functions of depositary of this Convention and
all protocols.
Article 42
Authentic texts
The original of this Convention shall be equally authentic Arabic text
Chinese, English, French, Russian and Spanish will be saved
with the Secretary-General of the United Nations.
In witness whereof the undersigned, duly authorized for that purpose, have signed
This Convention.
Carried out in Rio de Janeiro on the fifth day of June, one thousand nine hundred and
Ninety-two.
Annex I To The
Identification and regular monitoring (monitoring)
1. Ecosystems and habitats: having a high diversity, large
the amount of the endemic, endangered or wild species; required by the
for migratory species; important socially, economically, culturally or
scientifically; which are representative, unique or associated with key
evolutionary or other biological processes,
2. species and communities which are: endangered; wild relatives
domesticated or cultivated species; medical, agricultural or other
economic value; social, scientific or cultural importance;
relevant to the research of protection and sustainable use of
biodiversity, such as. indicator species, and
3. genómy and genes described social, scientific or economic
the importance of.
Annex II To The
Part 1
ARBITRAGE
Article 1
The claimant party shall notify the Secretariat that the parties to the dispute to proceed
arbitration under article 27. Notification shall indicate the subject of the arbitration and
include in particular those articles of the Convention or the Protocol whose interpretation
or the application of the subject of the dispute. If the parties do not agree on
subject matter of the dispute before the President of the Tribunal is appointed, subject
the dispute will determine the arbitral tribunal. The Secretariat shall forward the following acquired
information to all Contracting Parties to this Convention or to the Protocol concerned.
Article 2
1. In disputes between two parties, the arbitral tribunal will consist
of the three members. Each of the parties to the dispute shall appoint one arbitrator, and the
the two arbitrators appointed shall designate by common agreement the third arbitrator, who
the Chairman of the Tribunal. The latter must not be the same
nationality as one of the parties to the dispute, nor have his usual
residence in the territory of either party, nor be a party to the
is being employed, or is no longer the case in any other capacity.
2. In disputes between more than two parties, parties in the same interest
shall appoint one arbitrator jointly by agreement.
3. Any vacancy will be supplemented in the manner prescribed for the
the initial appointment.
Article 3 of the
1. If the President of the arbitral tribunal has not been designated within two months of the
After the appointment of the second arbitrator, the Secretary-General of the UNITED NATIONS, at the request of some
the Parties shall designate the President within a further two-month period.
2. If one of the two parties to the dispute does not appoint an arbitrator within two months of the
After receipt of the request, the other party may inform the
the Secretary, who shall make this appointment within a further two-month period.
Article 4 of the
Arbitral tribunal makes its decisions in accordance with the provisions of
This Convention, all relevant protocols, and international law.
Article 5
If the parties to the dispute otherwise agree, the arbitral tribunal shall be determined by
its own rules of procedure.
Article 6 of the
The Arbitration Tribunal may, at the request of one of the parties, recommend essential
interim measures of protection.
Article 7 of the
The parties that are in dispute, the arbitral tribunal and to facilitate the work of
in particular, using all available means, he or she will:
(a) to provide all relevant documents, information and services, and
(b) to allow, if necessary, subpoena witnesses or experts and
accept their testimony.
Article 8 of the
The parties and the arbitrators shall protect the confidentiality of any information
you will receive in confidence during the negotiations, Arbitration Tribunal.
Article 9
If the arbitral tribunal provides otherwise with regard to the specific
circumstances of the case, the costs of the Tribunal shall be borne by parties which are in the
the dispute in equal shares. The Tribunal will lead a record of all its costs and
shall submit a final report to both parties about them.
Article 10
Any Contracting Party which has such an interest of a legal nature in the subject
the dispute which may be affected by the decision in this matter, you may
the consent of the Tribunal to intervene in the negotiations.
Article 11 of the
The Tribunal may hear and determine counterclaims arising directly out of
the subject of the dispute.
Article 12
A decision on the course of the arbitral tribunal and the subject matter must be taken
a majority vote of its members.
Article 13 of the
If one of the parties fails to appear in court or arbitration
fails to defend its case, the other party may request the Court to
He continued his control and made a decision. Absence of a party or
her inability to defend its case shall not constitute an obstacle to the negotiations.
Before taking the final decision of the arbitral tribunal shall be
convinced that the claim is well supported by factually and legally.
Article 14
The Tribunal shall issue its final decision within five months of the date on which the
fully set up, if it finds it necessary to extend the time limit for a period
which may not exceed five more months.
Article 15
The final decision of the arbitral tribunal shall be limited to the subject matter of the dispute
and sets out the grounds on which it is based. It will contain the names of the
participating members and the date of the final decision. Any member of the
the Tribunal may attach a separate or dissenting opinion to the
the final decision.
Article 16
The operative part will be for the parties to the dispute. There will be no appeal, unless the
Parties to the dispute have agreed in advance on the appeal procedure.
Article 17 of the
Any conflict that may arise between the parties that are in dispute,
as to the interpretation or manner of implementation of the final decision, may
be submitted by either party for decision to the Arbitration Tribunal,
which issued it.
Part 2
CONCILIATION PROCEDURE
Article 1
The Conciliation Commission shall be created at the request of one of the parties to the dispute. The Commission
It will be, if the parties have not agreed otherwise, composed of five members, two
appointed by each party, and the Chairman elected jointly by those members.
Article 2
In disputes between more than two parties, parties in the same interest shall appoint
their members of the Commission jointly by agreement. Where two or more parties have
separate interests, or where there is no consensus whether they have the same interest, they shall
appoint their members separately.
Article 3 of the
If the parties are not made within two months of the appointment of
the date of the request to create a Conciliation Commission, the Secretary-General of the UNITED NATIONS, if the
It requested by the party who made the request, it shall make this appointment
during a further two-month period.
Article 4 of the
If the President of the Conciliation Commission has not been chosen within two months of
the appointment of the last member of the Commission, Secretary General of the United Nations, if the
will be asked to either party, designate the President within a further
the two-month period.
Article 5
The Conciliation Commission shall decide by majority vote of its members. Shall establish,
If the parties to the dispute agree otherwise, the custom procedure. Will issue a proposal on the
the dispute, which the Parties shall consider in good faith.
Article 6 of the
The mismatch in the matter, that the Conciliation Commission is competent, will be determined
by the Commission.
