The Negotiation Of The Convention On Biological Diversity

Original Language Title: o sjednání Úmluvy o biologické rozmanitosti

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=47857&nr=134~2F1999~20Sb.&ft=txt

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.