Key Benefits:
Original text
(State on 19 February 2015)
The Contracting Parties,
Conscious of the intrinsic value of biological diversity and the value of diversity and its constituent elements in the environmental, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic aspects,
Conscious also of the importance of biological diversity for the evolution and preservation of systems that maintain the biosphere,
Affirming that the conservation of biological diversity is a common concern for humanity,
Reaffirming that states have sovereign rights over their biological resources,
Reaffirming also that States are responsible for the conservation of their biological diversity and the sustainable use of their biological resources,
Concerned that biological diversity is becoming considerably poorer as a result of some of the human activities,
Awareness of the fact that information and knowledge about biological diversity is generally lacking and that it is necessary to urgently develop the scientific, technical and institutional means to ensure knowledge Essential to the design of appropriate measures and their implementation,
Noting that it is of utmost importance to anticipate and prevent the causes of, and to address, the significant reduction or loss of biological diversity at source,
Noting also that where there is a threat of material reduction or loss of biological diversity, the absence of total scientific certainty shall not be invoked as a reason for postponing measures to avoid such a threat. Danger or mitigate its effects,
Noting further that measures Ex situ, Preferably in the country of origin, are also of great importance,
Recognizing that a large number of local communities and indigenous peoples are closely and traditionally dependent on the biological resources on which their traditions are based and that sharing is desirable Equitable benefits arising from the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and the sustainable use of its elements,
Recognizing also the crucial role women play in the conservation and sustainable use of biological diversity and affirming the need to ensure their full participation at all levels in political decisions concerning Conservation of biological diversity and their application,
Underlining the importance and need for international, regional and global cooperation between States and intergovernmental organizations and the non-governmental sector for the conservation of diversity Biological and sustainable use of its components,
Recognizing that the provision of new and additional financial resources and adequate access to relevant technology should have a significant impact on the extent to which the world will be able to The loss of biological diversity,
Recognizing further that special means are needed to meet the needs of developing countries, including the provision of new and additional financial resources and appropriate access to relevant technologies,
Noting in this regard the special conditions of the least developed countries and small island States,
Recognizing that significant investments are needed to ensure the conservation of biological diversity, which can have many environmental, economic and social benefits,
Recognizing that economic and social development and the eradication of poverty are the first priorities of developing countries that take the lead on all others,
Conscious of the fact that the conservation and sustainable use of biological diversity is of the utmost importance to the satisfaction of the food, health and other needs of the population of the planet, which is constantly growing, and Access to and sharing of genetic resources and technology is essential,
Noting that, in the long term, the conservation and sustainable use of biological diversity will strengthen friendly relations between States and contribute to the peace of mankind,
Wishing to improve and supplement existing international arrangements for the conservation of biological diversity and the sustainable use of its elements,
Determined to conserve and sustainably use biological diversity for the benefit of present and future generations,
Agreed to the following:
The objectives of this Convention, the achievement of which will be consistent with its relevant provisions, are the conservation of biological diversity, the sustainable use of its elements and the fair and equitable sharing of benefits arising from The exploitation of genetic resources, including through adequate access to genetic resources and appropriate transfer of relevant technologies, taking into account all rights in these resources and technologies, and through Adequate funding.
For the purposes of this Convention:
Biotechnology: Any technological application that uses biological systems, living organisms, or derivatives thereof, to realize or modify products or processes for specific use.
In situ conditions: Conditions characterized by the existence of genetic resources within ecosystems and natural habitats and, in the case of domesticated and cultivated species, in the environment where their distinctive characteristics have been developed.
Ex situ conservation: The conservation of components of biological diversity outside their natural environment.
In situ conservation: The conservation of natural ecosystems and habitats and the maintenance and restoration of viable populations of species in their natural environment and, in the case of domesticated and cultivated species, in the environment where their Distinguished characters.
Biological Diversity: Variability in living organisms of any origin including, among other things, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part; this includes diversity within species and between Species as well as that of ecosystems.
Ecosystem: The dynamic complex of communities of plants, animals and micro-organisms and their non-living environment that, through their interaction, form a functional unit.
Domesticated or cultivated species: Any species whose evolutionary process has been influenced by humans to meet its needs.
Habitat: The site or type of site in which an organism or population exists in its natural state.
Genetic material: Material of plant, animal, microbial or other origin containing functional units of heredity.
Regional Economic Integration Organization: Any organisation constituted by sovereign states of a given region, to which these Member States have transferred powers in respect of matters governed by this Convention and which has been duly authorised, in accordance with its Internal procedures, to sign, ratify, accept, approve or accede to the said Convention.
Countries of Origin of Genetic Resources: Countries with these genetic resources under conditions In situ.
Country provider of genetic resources: Any country that provides genetic resources harvested from sources In situ, including Populations of wild or domesticated species, or collected from sources such as Situ, Whether or not they originate in that country.
Biological resources: Genetic resources, organisms or elements thereof, populations, or any other biotic element of ecosystems having an actual or potential use or value for humanity.
Genetic Resources: Genetic material of actual or potential value.
Technology: Any technology including biotechnology.
Sustainable Use: The use of biological diversity components in a manner and at a rate that does not lead to their long-term impoverishment, thereby safeguarding their potential to meet the needs and aspirations of the generations Present and future.
Protected Area: Any geographically defined area that is designated, or regulated, and managed to achieve specific conservation objectives.
In accordance with the Charter of the United Nations and the principles of international law, States have the sovereign right to exploit their own resources according to their environment policy and they have a duty to ensure that activities Exercised within the limits of their jurisdiction or under their control do not cause damage to the environment in other States or in regions of no national jurisdiction.
Subject to the rights of other States and except as expressly provided for in this Convention, the provisions of the Convention shall apply to each Contracting Party:
Each Contracting Party, to the extent possible and as appropriate, shall cooperate with other Contracting Parties, directly or, where appropriate, through competent international organizations, in areas not covered by the Not the national court and other areas of mutual interest for the conservation and sustainable use of biological diversity.
Each Contracting Party shall, in accordance with its own terms and conditions:
Each Contracting Party, to the extent possible and as appropriate, in particular for the purposes of s. 8 to 10:
Each Contracting Party, to the extent possible and as appropriate:
Each Contracting Party, to the extent possible and as appropriate, and to the first head in order to complement the conservation measures In situ :
Each Contracting Party, to the extent possible and as appropriate:
Each Contracting Party shall adopt, as far as possible and as appropriate, economically and socially sound measures which encourage the conservation and sustainable use of the elements of biological diversity.
Contracting Parties, taking into account the special needs of developing countries:
The Contracting Parties shall:
Each Contracting Party, to the extent possible and as appropriate:
2. The Conference of the Parties shall consider, on the basis of the studies to be undertaken, the issue of liability and reparation, including restoration and compensation for damage to biological diversity, unless such Responsibility is strictly internal.
Given that states have the right to sovereignty over their natural resources, the power to determine access to genetic resources belongs to governments and is governed by national law.
(2) Each Contracting Party shall endeavour to create the conditions for facilitating access to genetic resources for the environmentally sound use by other Contracting Parties and not to impose restrictions on Against the objectives of this Convention.
(3) For the purposes of this Convention, genetic resources provided by a Contracting Party shall be defined and referred to in this Article and in Art. 16 and 19 below, exclusively the resources provided by Contracting Parties which are the countries of origin of those resources or by Parties who have acquired them in accordance with this Convention.
4. Access, when granted, shall be governed by mutually agreed terms and subject to the provisions of this Article.
(5) Access to genetic resources shall be subject to prior informed consent of the Contracting Party providing such resources, unless otherwise decided by that Party.
Each Contracting Party shall endeavour to develop and carry out scientific research based on genetic resources provided by other Contracting Parties with the full participation of those Parties and, to the extent possible, On their territory.
7. Each Contracting Party shall take the appropriate legislative, administrative or policy measures in accordance with Art. 16 and 19 and, where appropriate, through the funding mechanism established under s. 20 and 21, to ensure the fair and equitable sharing of the results of research and development, as well as the benefits arising from the commercial and other use of genetic resources with the Contracting Party providing these Resources. This division shall be carried out in accordance with mutually agreed terms.
Each Contracting Party, recognizing that technology includes biotechnology, and that access to and transfer of technology between Contracting Parties are essential elements in achieving the objectives of this Convention, undertakes, subject to the provisions of this Article, to ensure and/or facilitate access by other Contracting Parties to the technologies necessary for the conservation and sustainable use of biological diversity, or using Genetic resources without causing significant environmental damage, and Transfer of such technologies.
2. Access to and transfer of the technology, as referred to in s. 1 above, shall be provided and/or facilitated in respect of developing countries on just and favourable terms, including concessional and preferential conditions, if so mutually agreed, and Need in accordance with the financial mechanisms established under s. 20 and 21. Where technologies are the subject of patents and other intellectual property rights, access and transfer shall be provided in a manner that recognizes and is compatible with intellectual property rights Adequate and effective. The application of this paragraph shall comply with the provisions of subs. 3, 4 and 5 below.
(3) Each Contracting Party shall, as appropriate, take the necessary legislative, administrative or policy measures to ensure that Contracting Parties that provide genetic resources, in particular those that are Access to technology using these resources and the transfer of such technology in mutually agreed terms, including technology protected by patents and other intellectual property rights, Where appropriate through the provisions of s. 20 and 21, in accordance with international law and in accordance with paras. 4 and 5 below.
4. Each Contracting Party shall, as appropriate, take legislative, administrative or policy measures, as appropriate, for the private sector to facilitate access to the technology referred to in subs. 1 above, its joint development and transfer to the benefit of both government institutions and the private sector in developing countries and, in this regard, complies with the obligations set out in subs. 1, 2 and 3 above.
5. The Contracting Parties, recognizing that patents and other intellectual property rights may have an influence on the application of the Convention, cooperate in that regard without prejudice to national laws and the law To ensure that these rights are exercised in support of, and not against, its objectives.
1. The Contracting Parties shall facilitate the exchange of information, from all sources accessible to the public, concerning the conservation and sustainable use of biological diversity, taking into account the special needs of countries in Development.
2. This exchange includes the exchange of information on the results of technical, scientific and socio-economic research, as well as information on training and education programmes, expertise and knowledge Aboriginal and traditional as such or associated with the technologies referred to in s. 1 of the art. 16. This exchange also includes, where possible, the repatriation of information.
1. The Contracting Parties shall encourage international technical and scientific cooperation in the field of the conservation and sustainable use of biological diversity, as necessary through national institutions and Competent international.
(2) Each Contracting Party shall encourage technical and scientific cooperation with other Contracting Parties, in particular developing countries, for the implementation of this Convention, in particular through the elaboration and application of National policies. By encouraging such cooperation, particular attention should be paid to the development and strengthening of national resources through the development of human resources and institution-building.
The Conference of the Parties at its first meeting determines how to establish an exchange centre to encourage and facilitate technical and scientific cooperation.
4. In accordance with national legislation and policies, Contracting Parties shall encourage and develop arrangements for cooperation in the development and use of technologies, including indigenous technologies, and In accordance with the objectives of this Convention. To this end, the Contracting Parties shall also encourage cooperation in the field of staff training and exchange of experts.
5. The Contracting Parties shall, subject to mutual agreements, encourage the establishment of joint research programmes and joint ventures for the development of technologies in relation to the objectives of this Convention.
Each Contracting Party shall take the necessary legislative, administrative or policy measures to ensure the effective participation in the biotechnological research activities of the Contracting Parties, in particular developing countries, Providing genetic resources for these research activities, if possible in these Contracting Parties.
(2) Each Contracting Party shall take all possible measures to encourage and promote priority access, on a just and equitable basis, of the Contracting Parties, in particular developing countries, to the results and benefits Derived from biotechnologies based on genetic resources provided by these Parties. Such access shall be made on mutually agreed terms.
3. The Parties shall consider whether action should be taken and the modalities, possibly in the form of a protocol, including a prior informed agreement defining the appropriate procedures in the The transfer, handling and safe use of any modified living organism resulting from biotechnology that could adversely affect the conservation and sustainable use of diversity Biological.
4. Each Contracting Party shall communicate directly or require the disclosure by any natural or legal person within its jurisdiction and providing the bodies referred to in s. 3 above all available information on the use and security regulations required by the said Contracting Party in the handling of such organisms, as well as any information available on the adverse impact Potential of the specific bodies concerned, to the Contracting Party in whose territory these bodies are to be introduced.
(1) Each Contracting Party undertakes to provide, in accordance with its means, financial support and benefits in respect of national activities aimed at achieving the objectives of this Convention, in accordance with its plans, National priorities and programs.
2. Parties that are developed countries provide new and additional financial resources to enable Parties that are developing countries to meet all of the agreed incremental costs imposed on them by Implement the measures by which they fulfil the obligations under this Convention and benefit from its provisions, as these additional costs have been agreed between a Party that is a developing country and the institutional structure Referred to in s. 21, according to the policy, strategy, programme priorities and award conditions and an indicative list of additional costs established by the Conference of the Parties. Other Parties, including those countries that are in a phase of transition to a market economy, may voluntarily assume the obligations of Parties that are developed countries. For the purposes of this Article, the Conference of the Parties shall prepare at its first meeting the list of Parties that are developed countries and other Parties that voluntarily assume the obligations of Parties that are developed countries. The Conference of the Parties shall periodically review this list and amend it if necessary. Other countries and sources would also be encouraged to provide voluntary contributions. In order to translate these commitments into action, account will be taken of the need to ensure that the flow of funds is adequate, predictable and timely and that it is important to share the burden among the contributing Parties on the List above.
3. Parties that are developed countries may also provide, for the benefit of developing country Parties, financial resources related to the implementation of this Convention through bilateral, regional and regional channels; Multilateral.
4. Developing countries can effectively fulfil their obligations under the Convention only to the extent that developed countries effectively fulfil their obligations under the Convention. Convention on financial resources and technology transfer and their full consideration of the fact that economic and social development and poverty eradication are the primary and absolute priorities of the Developing countries.
The Parties shall take full account of the specific needs and special circumstances of the least developed countries in their financing and transfer of technology measures.
6. The Contracting Parties shall also take into account the special conditions resulting from the distribution and location of biological diversity in the territory of the developing countries, and the dependence of those In particular those that are small island states.
They also take into account the particular situation of developing countries, including those most vulnerable from an environmental point of view, such as those with arid and semi-arid zones, coastal areas And mountains.
1. A financing mechanism shall be established to provide financial resources to Parties that are developing countries, for the purposes of this Convention, in the form of grants or concessifavourable conditions, the essential elements of which are In this article. For the purposes of the Convention, the mechanism shall operate under the direction of the Conference of the Parties, to which it is accountable. The functioning of the mechanism is ensured by the institutional structure that may be decided by the Conference of the Parties at its first meeting. For the purposes of this Convention, the Conference of the Parties shall determine the general policy, strategy and priorities of the programme and the criteria for the allocation and use of such resources. Contributions will be such as to take into account the need for predictable, adequate and timely payments as provided for in s. 20, in relation to the amount of the necessary resources, for which the Conference of the Parties shall periodically decide, and the importance of burden-sharing among the contributing Parties on the list referred to in par. 2 of the art. 20. Parties that are developed as well as other countries and other sources may also make voluntary contributions. The mechanism operates under a democratic and transparent management system.
2. In accordance with the objectives of this Convention, the Conference of the Parties shall determine, at its first meeting, the general policy, strategy and priorities of the programme, as well as the detailed criteria and guidelines for defining The conditions required for access to and use of financial resources, including regular monitoring and evaluation of this use. The Conference of the Parties shall decide on the provisions necessary to give effect to s. 1 above after consultation with the institutional structure to which the operation of the funding mechanism has been entrusted.
3. The Conference of the Parties shall examine the effectiveness of the funding mechanism established by this Article, including the criteria and guidelines referred to in s. 2 above, no earlier than two years after the entry into force of this Convention and thereafter on a regular basis. On the basis of this review, it is taking appropriate measures to make the mechanism more effective if necessary.
4. Contracting Parties shall consider strengthening existing financial institutions to provide financial resources for the conservation and sustainable use of biological diversity.
The provisions of this Convention shall not affect in any way the rights and obligations arising out of a Contracting Party to an existing international agreement, unless the exercise of those rights or the fulfilment of those obligations caused serious Damage to or posed a threat to biological diversity.
2. The Contracting Parties shall apply this Convention, in respect of the marine environment, in accordance with the rights and obligations of States arising from the law of the sea.
1. It shall be hereby established a Conference of the Parties. The first meeting of the Conference of the Parties shall be convened by the Executive Director of the United Nations Environment Programme no later than one year after the entry into force of this Convention. Thereafter, regular meetings of the Conference of the Parties will be held on a regular basis, depending on the frequency determined by the Conference at its first meeting.
2. Extraordinary meetings of the Conference of the Parties may take place at any other time if the Conference deems it necessary, or at the written request of a Party, provided that this request is supported by at least one third of the Parties Within six months of its communication to the said Parties by the Secretariat.
The Conference of the Parties shall adopt and adopt by consensus its own rules of procedure and that of any subsidiary body that it may create, together with the financial regulations governing the financing of the Secretariat. At each regular meeting, it shall adopt the budget for the current financial year until the next regular session.
The Conference of the Parties shall consider the application of this Convention and, to that end:
5. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State which is not a Party to this Convention, may be represented at the meetings of the Conference of Parties as observers. Any body or body, whether governmental or non-governmental, qualified in the fields relating to the conservation and sustainable use of biological diversity, which has informed the Secretariat of its desire to be represented at a Meeting of the Conference of the Parties as an observer may be admitted to take part in it unless at least one third of the Parties present object to it. The admission and participation of observers shall be subject to compliance with the rules of procedure adopted by the Conference of the Parties.
1. A secretariat shall be hereby established. Its functions are as follows
(2) At its first ordinary meeting, the Conference of the Parties shall designate the Secretariat among the competent international organizations that would have proposed to provide the secretariat functions provided for in this Convention.
1. A subsidiary body entrusted with the provision of scientific, technical and technological advice shall be hereby established to provide the Conference of the Parties and, where appropriate, its other subsidiary bodies, with timely advice on The application of this Convention. This body is open to the participation of all Parties and is multidisciplinary. It is made up of competent government representatives in the fields of specialization concerned. It shall report regularly to the Conference of the Parties on all aspects of its work.
2. Under the authority of the Conference of the Parties, in accordance with the guidelines established by the Conference of the Parties, and on its request, that body shall:
3. The terms of reference, terms of reference, structure and functioning of this body may be specified by the Conference of the Parties.
Depending on the periodicity to be determined by the Conference of the Parties, each Contracting Party shall submit to the Conference of the Parties a report on the provisions it has adopted to implement this Convention and the extent to which They have made it possible to achieve the objectives set out therein.
In the event of a dispute between Contracting Parties concerning the interpretation or application of this Convention, the Parties concerned shall seek a solution by negotiation.
2. If the Parties concerned cannot reach agreement through negotiation, they may jointly use the good offices or mediation of a third party.
3. At the time of ratification, acceptance or approval of this Convention or accession thereto, and at any time thereafter, any State or regional economic integration organization may declare in writing to the Depositary that, in the case of Dispute that has not been resolved in accordance with s. 1 or 2 above, he or she agrees to consider either or both of the following methods of settlement as mandatory:
4. If the Parties have not accepted the same procedure or procedure in accordance with par. 3 above, the dispute shall be submitted to conciliation in accordance with the second part of Annex II, unless the Parties otherwise agree.
5. The provisions of this Article shall apply to disputes involving a Protocol, unless the Protocol provides otherwise.
1. The Contracting Parties shall cooperate in formulating and adopting protocols to this Convention.
2. The Protocols shall be adopted at a meeting of the Conference of the Parties.
The Secretariat shall communicate to the Parties the text of any draft protocol at least six months before the meeting of the Conference of the Parties.
Any Contracting Party may propose amendments to this Convention. Any Party to a Protocol may propose amendments to this Protocol.
2. The amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments to a Protocol shall be adopted at a meeting of the Parties to the Protocol. The text of any draft amendment to this Convention or to a Protocol, except as otherwise provided by the Protocol, shall be communicated by the Secretariat to the Parties to the instrument concerned at least six months before the meeting at which it Is proposed for adoption. The Secretariat shall also communicate the proposed amendments to the signatories of this Convention for information.
3. The Parties shall make every effort to reach a consensus on any draft amendment to this Convention or to a Protocol. If all efforts to that end have been exhausted without agreement, the amendment shall be adopted as a last resort by a two-thirds majority of the Parties to the instrument considered, present at the meeting and voicing their vote; Shall be submitted by the Depositary to the ratification, acceptance or approval of all Parties.
4. The ratification, acceptance or approval of the amendments shall be notified in writing to the Depositary. Amendments adopted in accordance with paragraph 2. 3 above shall enter into force for the Parties having accepted them on the ninetieth day after the deposit of instruments of ratification, acceptance or approval by at least two-thirds of the Parties to this Convention or the Protocol, unless otherwise provided for in the protocol in question. Subsequently, the amendments shall enter into force in respect of any other Party on the ninetieth day after the deposit by that Party of its instrument of ratification, acceptance or approval of the amendments.
5. For the purposes of this Article, the expression "Parties present at the meeting and expressing their vote" means the Parties present at the meeting that issued an affirmative or negative vote.
1. The annexes to this Convention or its protocols shall form an integral part of the Convention or its protocols, as the case may be, and, unless expressly provided otherwise, any reference to this Convention or its protocols shall also refer to To their annexes. Annexes are limited to procedural matters and scientific, technical and administrative matters.
2. Except as otherwise provided in a Protocol concerning its own annexes, the proposal, adoption and entry into force of additional annexes to this Convention or of annexes to a Protocol shall be governed by the following procedure:
3. The proposal, the adoption and the entry into force of amendments to the annexes to this Convention or to one of its Protocols shall be subject to the same procedure as the proposal, the adoption and entry into force of the annexes to the Convention or One of its protocols.
4. If an additional annex or an amendment to an annex relates to an amendment to the Convention or to a protocol, this additional annex or amendment shall enter into force only when the amendment to the Convention or the Protocol Considered between itself.
1. Subject to the provisions of subs. 2 below, each Party to this Convention or to any protocol shall have one vote.
2. Regional economic integration organizations shall have, in order to exercise their right to vote in matters falling within their competence, a number of votes equal to the number of their member States which are Parties to the Convention or the Protocol considered. They shall not exercise their right to vote if their member states exercise theirs, and vice versa.
(1) No State or regional economic integration organization shall become a Party to a Protocol without being or simultaneously becoming a Party to this Convention.
2. Decisions taken under a Protocol shall be taken by the only Parties to the Protocol. Any Contracting Party which has not ratified, accepted or approved a Protocol may participate, as an observer, in any meeting of the Parties to that Protocol.
This Convention shall be open for signature by all States and regional economic integration organizations in Rio de Janeiro, from 5 to 14 June 1992, and at United Nations Headquarters in New York from 15 June 1992 to 4 June 1993.
1. This Convention and its Protocols shall be subject to ratification, acceptance or approval by States and regional economic integration organizations. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. Any organization referred to in s. 1 above which becomes a Party to this Convention or any of its Protocols and of which no Member State itself is a Contracting Party, shall be bound by all the obligations set out in the Convention or in the Protocol concerned, Depending on the case. Where one or more member States of one of these organizations are Parties to the Convention or a Protocol, the Organization and its Member States shall agree on their respective responsibilities with regard to the fulfilment of their obligations in The Convention or the Protocol, as the case may be. In such cases, the organization and its member states are not entitled to exercise their rights under the Convention or the Protocol concurrently.
3. In their instruments of ratification, acceptance or approval, the organisations referred to in par. 1 above indicate the extent of their competence in the areas covered by the Convention or the protocol concerned. They shall also inform the Depositary of any relevant changes in the scope of those powers.
(1) This Convention and its possible protocols shall be open to the accession of States and regional economic integration organizations from the date on which the Convention or the protocol under consideration is no longer open for signature. The instruments of accession shall be deposited with the Depositary.
2. In their instruments of accession, the organisations referred to in par. 1 above indicate the extent of their competence in the areas covered by the Convention or the protocol concerned. They shall also inform the Depositary of any relevant changes in the scope of those powers.
3. The provisions of s. 2 of the art. 34 shall apply to regional economic integration organizations which accede to this Convention or any of its Protocols.
(1) This Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession.
2. A Protocol shall enter into force on the ninetieth day after the date of the deposit of the number of instruments of ratification, acceptance, approval or accession specified in the said Protocol.
In respect of 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 accession, the Convention shall enter into force on Ninetieth day after the date of the deposit by that Contracting Party of its instrument of ratification, acceptance, approval or accession.
4. Unless otherwise available, a Protocol shall enter into force for a Contracting Party which ratifies, accepts, approves or accedes to it after its entry into force in accordance with par. 2 above, that is, the ninetieth day after the date of deposit by that Contracting Party of its instrument of ratification, acceptance, approval or accession, or at the time when the Convention enters into force for that Party, the Last date being retained.
5. For the purposes of paras. 1 and 2 above, none of the instruments deposited by a regional economic integration organization is considered to be an instrument in addition to the instruments already deposited by the member States of that organisation.
No reservation may be made to this Convention.
(1) At the expiration of two years from the date of entry into force of this Convention in respect of a Contracting Party, that Contracting Party may at any time denounce the Convention by written notification to the Depositary.
(2) Any denunciation shall take effect upon the expiration of a period of one year following the date of its receipt by the Depositary, or at any later date which may be specified in the notification of termination.
(3) Any Contracting Party which has denounced this Convention shall be deemed to have also denounced the protocols to which it is a Party.
Provided that it has been fully restructured, in accordance with the provisions of Art. 21, the Global Environment Facility of the United Nations Development Programme, the United Nations Environment Programme and the International Bank for Reconstruction and Development is provisionally the Institutional structure under s. 21, for the period from the entry into force of this Convention at the first meeting of the Conference of the Parties or until the Conference of the Parties has designated an institutional structure in accordance with art. 21.
The Secretariat to be provided by the Executive Director of the United Nations Environment Programme is the secretariat provided for in para. 2 of the art. 24, established on an interim basis for the period from the entry into force of this Convention to the first meeting of the Conference of the Parties.
The Secretary-General of the United Nations shall assume the functions of the Depositary of this Convention and its Protocols.
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
In Faith What, The undersigned, to that duly authorized, have signed this Convention.
Done at Rio de Janeiro, on June 5, one thousand nine hundred and ninety-two.
(Suivent signatures)
1. Ecosystems and habitats: with a high diversity, many endemic or threatened species, or wild bodies; necessary for migratory species; having social, economic, cultural or scientific importance; or who are Representative, unique or associated with evolutionary processes or other essential biological processes;
2. Species and communities that are: threatened; wild relatives of domesticated or cultivated species; of medicinal, agricultural or economic interest; of social, scientific or cultural significance; or of interest in research on the Conservation and sustainable use of biological diversity, such as control species;
3. Genomics and written genes of social, scientific or economic importance.
The requesting Party shall notify the Secretariat that the Parties shall refer a dispute to arbitration in accordance with Art. 27. The notification shall indicate the subject matter of the arbitration, in particular the articles of the Convention or of the Protocol whose interpretation or application is the subject of the dispute. If the parties do not agree on the subject matter of the dispute before the appointment of the President of the arbitral tribunal, the latter shall determine it. The Secretariat shall communicate such information to all Parties to the Convention or the Protocol concerned.
(1) In the event of a dispute between two Parties, the arbitral tribunal shall consist of three members. Each Party to the dispute shall appoint an arbitrator; the two arbitrators thus appointed shall designate by common accord the third arbitrator, who shall take over the chairmanship of the Tribunal. The latter shall not be a national of one of the Parties to the dispute, or have his or her habitual residence in the territory of one of those Parties, or be in the service of one of them, or have already held the case in any capacity.
2. In the event of a dispute between more than two Parties, the Parties with the same interest shall appoint a mutually agreed arbitrator.
3. In the event of a vacancy, the vacancy shall be filled in accordance with the procedure laid down for the initial appointment.
(1) If, within two months of the appointment of the second arbitrator, the President of the Arbitral Tribunal is not appointed, the Secretary-General of the United Nations shall, at the request of a Party, make his appointment in a new Two months.
(2) If, within two months of the receipt of the request, one of the Parties to the dispute has not made the appointment of an arbitrator, the other Party may refer the matter to the Secretary-General, who shall proceed to the appointment within a further period of two months.
The arbitral tribunal shall render its decisions in accordance with the provisions of this Convention, any protocol concerned and international law.
Unless the Parties to the dispute otherwise decide, the arbitral tribunal shall establish its own rules of procedure.
At the request of one of the Parties, the arbitral tribunal may recommend the necessary provisional measures.
The Parties to the dispute shall facilitate the work of the Arbitral Tribunal and, in particular, use all means at their disposal to:
The Parties and the arbitrators shall maintain the confidentiality of any information they obtain in confidence during the hearings of the Arbitral Tribunal.
Unless the Arbitral Tribunal decides otherwise on the particular circumstances of the case, the costs of the Tribunal shall be borne equally by the Parties to the dispute. The Tribunal shall keep a record of all its costs and provide a final statement to the Parties.
Any Contracting Party having, in respect of the subject matter of the dispute, a legal interest which may be affected by the decision, may intervene in the proceedings with the consent of the Tribunal.
The Tribunal may know and decide on counterclaims directly related to the subject matter of the dispute.
The decisions of the Arbitral Tribunal, both procedural and substantive, shall be taken by a majority of the votes of its members.
If one of the Parties to the dispute does not appear before the Arbitral Tribunal or fails to defend its case, the other Party may request the Tribunal to continue the proceedings and render its decision. The fact that one of the Parties did not appear before the Tribunal or has failed to assert its rights does not preclude the proceedings. Before making its final award, the arbitral tribunal must ensure that the application is founded in fact and in law.
The Tribunal shall pronounce its final award no later than five months from the date on which it was created, unless it considers it necessary to extend the time limit for a period which should not exceed five additional months.
The final award of the arbitral tribunal shall be limited to the question which is the subject of the dispute and shall be reasoned. It contains the names of the members who took part in the deliberation and the date on which it was pronounced. Any member of the Tribunal may attach a separate opinion or a dissenting opinion.
The award shall be binding on the Parties to the dispute. It shall be without appeal, unless the Parties have agreed in advance on an appeal procedure.
Any dispute that may arise between the parties to the dispute concerning the interpretation or enforcement of the award may be submitted by one of the Parties to the Arbitral Tribunal.
A Conciliation Commission shall be established at the request of one of the Parties to the dispute. Unless the Parties otherwise agree, the Commission shall consist of five members, each Party concerned by designating two members and the President shall be chosen by common accord of the members so appointed.
In the event of a dispute between more than two Parties, the Parties with the same interest shall appoint their members of the Commission by mutual agreement. Where at least two Parties have independent interests or when they disagree on the question of whether they have the same interest, they shall appoint their members separately.
If, within two months of the request for the establishment of a conciliation commission, not all members of the Commission have been appointed by the Parties, the Secretary-General of the United Nations shall, at the request of the The requesting party, with the necessary designations within a further two-month period.
If, within two months after the last appointment of a member of the Commission, the latter has not chosen its President, the Secretary-General of the United Nations shall, at the request of a Party, proceed to the appointment of the President Within a new two-month period.
The Conciliation Commission shall take its decisions by a majority of its members' votes. Unless the Parties to the dispute otherwise agree, it shall establish its own procedure. It shall make a proposal for a resolution of the dispute which the Parties shall consider in good faith.
In the event of disagreement over the competence of the Conciliation Commission, the Conciliation Commission shall decide whether or not it is competent.
| States Parties |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
||
| Afghanistan |
19 September |
2002 |
18 December |
2002 |
| South Africa |
2 November |
1995 |
31 January |
1996 |
| Albania |
5 January |
1994 A |
5 April |
1994 |
| Algeria |
August 14 |
1995 |
12 November |
1995 |
| Germany |
21 December |
1993 |
21 March |
1994 |
| Andorra |
4 February |
2015 A |
5 May |
2015 |
| Angola |
1 Er April |
1998 |
30 June |
1998 |
| Antigua and Barbuda |
March 9 |
1993 |
29 December |
1993 |
| Saudi Arabia |
3 October |
2001 A |
1 Er January |
2002 |
| Argentina * |
22 November |
1994 |
20 February |
1995 |
| Armenia |
14 May |
1993 |
29 December |
1993 |
| Australia |
18 June |
1993 |
29 December |
1993 |
| Austria * |
August 18 |
1994 |
16 November |
1994 |
| Azerbaijan |
August 3 |
2000 |
1 Er November |
2000 |
| Bahamas |
2 September |
1993 |
29 December |
1993 |
| Bahrain |
August 30 |
1996 |
28 November |
1996 |
| Bangladesh |
3 May |
1994 |
1 Er August |
1994 |
| Barbados |
10 December |
1993 |
10 March |
1994 |
| Belarus |
8 September |
1993 |
29 December |
1993 |
| Belgium |
22 November |
1996 |
20 February |
1997 |
| Belize |
December 30 |
1993 |
30 March |
1994 |
| Benin |
30 June |
1994 |
28 September |
1994 |
| Bhutan |
August 25 |
1995 |
23 November |
1995 |
| Bolivia |
3 October |
1994 |
1 Er January |
1995 |
| Bosnia and Herzegovina |
26 August |
2002 A |
24 November |
2002 |
| Botswana |
12 October |
1995 |
10 January |
1996 |
| Brazil |
28 February |
1994 |
29 May |
1994 |
| Brunei |
28 April |
2008 A |
27 July |
2008 |
| Bulgaria |
April 17 |
1996 |
July 16 |
1996 |
| Burkina Faso |
2 September |
1993 |
29 December |
1993 |
| Burundi |
15 April |
1997 |
July 14 |
1997 |
| Cambodia |
February 9 |
1995 A |
10 May |
1995 |
| Cameroon |
19 October |
1994 |
17 January |
1995 |
| Canada * |
4 December |
1992 |
29 December |
1993 |
| Cape Verde |
March 29 |
1995 |
27 June |
1995 |
| Chile * |
9 September |
1994 |
8 December |
1994 |
| China |
5 January |
1993 |
29 December |
1993 |
| Hong Kong |
9 May |
2011 |
9 May |
2011 |
| Macao |
15 December |
1999 |
20 December |
1999 |
| Cyprus |
10 July |
1996 |
8 October |
1996 |
| Colombia |
28 November |
1994 |
26 February |
1995 |
| Comoros |
29 September |
1994 |
28 December |
1994 |
| Congo (Brazzaville) |
1 Er August |
1996 |
30 October |
1996 |
| Congo, Kinshasa |
3 December |
1994 |
3 March |
1995 |
| Korea (North) |
26 October |
1994 |
24 January |
1995 |
| Korea (South) |
3 October |
1994 |
1 Er January |
1995 |
| Costa Rica |
26 August |
1994 |
24 November |
1994 |
| Côte d' Ivoire |
29 November |
1994 |
February 27 |
1995 |
| Croatia |
7 October |
1996 |
5 January |
1997 |
| Cuba * |
8 March |
1994 |
6 June |
1994 |
| Denmark |
21 December |
1993 |
21 March |
1994 |
| Djibouti |
1 Er September |
1994 |
30 November |
1994 |
| Dominica |
April 6 |
1994 A |
July 5 |
1994 |
| Egypt |
2 June |
1994 |
August 31 |
1994 |
| El Salvador |
8 September |
1994 |
7 December |
1994 |
| United Arab Emirates |
10 February |
2000 |
10 May |
2000 |
| Ecuador |
23 February |
1993 |
29 December |
1993 |
| Eritrea |
21 March |
1996 A |
19 June |
1996 |
| Spain |
21 December |
1993 |
21 March |
1994 |
| Estonia |
27 July |
1994 |
25 October |
1994 |
| Ethiopia |
5 April |
1994 |
4 July |
1994 |
| Fiji |
25 February |
1993 |
29 December |
1993 |
| Finland |
27 July |
1994 |
25 October |
1994 |
| France * |
1 Er July |
1994 |
29 September |
1994 |
| Gabon |
March 14 |
1997 |
12 June |
1997 |
| Gambia |
10 June |
1994 |
8 September |
1994 |
| Georgia * |
2 June |
1994 A |
August 31 |
1994 |
| Ghana |
29 August |
1994 |
27 November |
1994 |
| Greece |
August 4 |
1994 |
2 November |
1994 |
| Grenada |
August 11 |
1994 |
9 November |
1994 |
| Guatemala |
10 July |
1995 |
8 October |
1995 |
| Guinea |
7 May |
1993 |
29 December |
1993 |
| Equatorial Guinea |
6 December |
1994 A |
6 March |
1995 |
| Guinea-Bissau |
27 October |
1995 |
25 January |
1996 |
| Guyana |
29 August |
1994 |
27 November |
1994 |
| Haiti |
September 25 |
1996 |
24 December |
1996 |
| Honduras |
July 31 |
1995 |
29 October |
1995 |
| Hungary |
24 February |
1994 |
25 May |
1994 |
| Cook Islands |
20 April |
1993 |
29 December |
1993 |
| Marshall Islands |
8 October |
1992 |
29 December |
1993 |
| India |
18 February |
1994 |
19 May |
1994 |
| Indonesia |
August 23 |
1994 |
21 November |
1994 |
| Iran |
August 6 |
1996 |
4 November |
1996 |
| Iraq |
28 July |
2009 A |
26 October |
2009 |
| Ireland * |
22 March |
1996 |
20 June |
1996 |
| Iceland |
12 September |
1994 |
11 December |
1994 |
| Israel * |
7 August |
1995 |
5 November |
1995 |
| Italy * |
15 April |
1994 |
July 14 |
1994 |
| Jamaica |
6 January |
1995 |
April 6 |
1995 |
| Japan |
28 May |
1993 |
29 December |
1993 |
| Jordan |
12 November |
1993 |
29 December |
1993 |
| Kazakhstan |
September 6 |
1994 |
5 December |
1994 |
| Kenya |
26 July |
1994 |
24 October |
1994 |
| Kyrgyzstan |
August 6 |
1996 A |
4 November |
1996 |
| Kiribati |
August 16 |
1994 A |
14 November |
1994 |
| Kuwait |
2 August |
2002 |
October 31 |
2002 |
| Laos |
September 20 |
1996 A |
19 December |
1996 |
| Lesotho |
10 January |
1995 |
10 April |
1995 |
| Latvia * |
14 December |
1995 |
13 March |
1996 |
| Lebanon |
15 December |
1994 |
15 March |
1995 |
| Liberia |
8 November |
2000 |
February 6 |
2001 |
| Libya |
July 12 |
2001 |
10 October |
2001 |
| Liechtenstein * |
19 November |
1997 |
17 February |
1998 |
| Lithuania |
1 Er February |
1996 |
1 Er May |
1996 |
| Luxembourg |
9 May |
1994 |
7 August |
1994 |
| Macedonia |
2 December |
1997 A |
2 March |
1998 |
| Madagascar |
March 4 |
1996 |
2 June |
1996 |
| Malaysia |
24 June |
1994 |
22 September |
1994 |
| Malawi |
2 February |
1994 |
3 May |
1994 |
| Maldives |
9 November |
1992 |
29 December |
1993 |
| Mali |
March 29 |
1995 |
27 June |
1995 |
| Malta |
29 December |
2000 |
March 29 |
2001 |
| Morocco |
August 21 |
1995 |
19 November |
1995 |
| Mauritius |
4 September |
1992 |
29 December |
1993 |
| Mauritania |
August 16 |
1996 |
14 November |
1996 |
| Mexico |
March 11 |
1993 |
29 December |
1993 |
| Micronesia |
20 June |
1994 |
18 September |
1994 |
| Moldova |
20 October |
1995 |
28 January |
1996 |
| Monaco |
20 November |
1992 |
29 December |
1993 |
| Mongolia |
September 30 |
1993 |
29 December |
1993 |
| Montenegro |
23 October |
2006 S |
3 June |
2006 |
| Mozambique |
August 25 |
1995 |
23 November |
1995 |
| Myanmar |
25 November |
1994 |
23 February |
1995 |
| Namibia |
May 16 |
1997 |
August 14 |
1997 |
| Nauru |
11 November |
1993 |
29 December |
1993 |
| Nepal |
23 November |
1993 |
29 December |
1993 |
| Nicaragua |
20 November |
1995 |
18 February |
1996 |
| Niger |
July 25 |
1995 |
23 October |
1995 |
| Nigeria |
29 August |
1994 |
27 November |
1994 |
| Niue |
28 February |
1996 A |
27 May |
1996 |
| Norway |
July 9 |
1993 |
29 December |
1993 |
| New Zealand |
16 September |
1993 |
29 December |
1993 |
| Oman |
February 8 |
1995 |
9 May |
1995 |
| Uganda |
8 September |
1993 |
29 December |
1993 |
| Uzbekistan |
19 July |
1995 A |
17 October |
1995 |
| Pakistan |
26 July |
1994 |
24 October |
1994 |
| Palau |
6 January |
1999 A |
April 6 |
1999 |
| Palestine |
2 January |
2015 A |
2 April |
2015 |
| Panama |
17 January |
1995 |
April 17 |
1995 |
| Papua New Guinea * |
March 16 |
1993 |
29 December |
1993 |
| Paraguay |
24 February |
1994 |
25 May |
1994 |
| Netherlands |
July 12 |
1994 |
10 October |
1994 |
| Aruba |
4 June |
1999 |
4 June |
1999 |
| Curaçao |
4 June |
1999 |
4 June |
1999 |
| Caribbean (Bonaire, Sint Eustatius and Saba) |
4 June |
1999 |
4 June |
1999 |
| Sint Maarten |
4 June |
1999 |
4 June |
1999 |
| Peru |
7 June |
1993 |
29 December |
1993 |
| Philippines |
8 October |
1993 |
6 January |
1994 |
| Poland |
January 18 |
1996 |
April 17 |
1996 |
| Portugal |
21 December |
1993 |
21 March |
1994 |
| Qatar |
August 21 |
1996 |
19 November |
1996 |
| Central African Republic |
15 March |
1995 |
July 13 |
1995 |
| Dominican Republic |
25 November |
1996 |
23 February |
1997 |
| Czech Republic |
3 December |
1993 |
3 March |
1994 |
| Romania |
August 17 |
1994 |
15 November |
1994 |
| United Kingdom * |
3 June |
1994 |
1 Er September |
1994 |
| Gibraltar |
3 June |
1994 |
1 Er September |
1994 |
| Cayman Islands |
3 June |
1994 |
1 Er September |
1994 |
| Isle of Man |
8 May |
2012 |
8 August |
2012 |
| British Virgin Islands |
3 June |
1994 |
1 Er September |
1994 |
| Jersey |
3 June |
1994 |
1 Er September |
1994 |
| St. Helena and Dependencies (Ascension and Tristan da Cunha) |
3 June |
1994 |
1 Er September |
1994 |
| Russia |
5 April |
1995 |
4 July |
1995 |
| Rwanda |
29 May |
1996 |
August 27 |
1996 |
| Saint Lucia |
28 July |
1993 A |
29 December |
1993 |
| Saint Kitts and Nevis |
7 January |
1993 |
29 December |
1993 |
| San Marino |
28 October |
1994 |
26 January |
1995 |
| Saint Vincent and the Grenadines |
3 June |
1996 A |
1 Er September |
1996 |
| Solomon Islands |
3 October |
1995 |
1 Er January |
1996 |
| Samoa |
February 9 |
1994 |
10 May |
1994 |
| Sao Tome and Principe |
29 September |
1999 |
28 December |
1999 |
| Senegal |
17 October |
1994 |
15 January |
1995 |
| Serbia |
1 Er March |
2002 |
30 May |
2002 |
| Seychelles |
22 September |
1992 |
29 December |
1993 |
| Sierra Leone |
12 December |
1994 A |
12 March |
1995 |
| Singapore |
21 December |
1995 |
20 March |
1996 |
| Slovakia |
August 25 |
1994 |
23 November |
1994 |
| Slovenia |
July 9 |
1996 |
7 October |
1996 |
| Somalia |
11 September |
2009 A |
10 December |
2009 |
| Sudan * |
30 October |
1995 |
28 January |
1996 |
| South Sudan |
17 February |
2014 A |
18 May |
2014 |
| Sri Lanka |
23 March |
1994 |
21 June |
1994 |
| Sweden |
16 December |
1993 |
March 16 |
1994 |
| Switzerland * |
21 November |
1994 |
19 February |
1995 |
| Suriname |
12 January |
1996 |
April 11 |
1996 |
| Swaziland |
9 November |
1994 |
7 February |
1995 |
| Syria |
4 January |
1996 |
3 April |
1996 |
| Tajikistan |
29 October |
1997 A |
27 January |
1998 |
| Thailand |
October 31 |
2003 |
29 January |
2004 |
| Tanzania |
8 March |
1996 |
6 June |
1996 |
| Chad |
7 June |
1994 |
September 5 |
1994 |
| Timor-Leste |
10 October |
2006 |
8 January |
2007 |
| Togo |
4 October |
1995 |
2 January |
1996 |
| Tonga |
19 May |
1998 A |
August 17 |
1998 |
| Trinidad and Tobago |
1 Er August |
1996 |
30 October |
1996 |
| Tunisia |
July 15 |
1993 |
29 December |
1993 |
| Turkmenistan |
18 September |
1996 A |
17 December |
1996 |
| Turkey |
February 14 |
1997 |
15 May |
1997 |
| Tuvalu |
20 December |
2002 |
20 March |
2003 |
| Ukraine |
7 February |
1995 |
8 May |
1995 |
| European Union * |
21 December |
1993 |
21 March |
1994 |
| Uruguay |
5 November |
1993 |
29 November |
1993 |
| Vanuatu |
25 March |
1993 |
29 December |
1993 |
| Venezuela |
13 September |
1994 |
12 December |
1994 |
| Vietnam |
16 November |
1994 |
February 14 |
1995 |
| Yemen |
21 February |
1996 |
21 May |
1996 |
| Zambia |
28 May |
1993 |
29 December |
1993 |
| Zimbabwe |
11 November |
1994 |
February 9 |
1995 |
Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
Switzerland 3
Switzerland wishes to reaffirm the importance it attaches to the transfer of technology and biotechnology in order to ensure the protection and sustainable use of biological diversity. Respect for intellectual property rights is an essential element in the implementation of technology transfer and co-investment policies.
For Switzerland, the transfer of technology and access to biotechnology, as defined in the text of the Convention on Biological Diversity, will be carried out in accordance with Art. 16 of the said Convention and in accordance with the principles and rules for the protection of intellectual property, in particular multilateral and bilateral agreements signed or negotiated by the Contracting Parties to this Convention.
Switzerland encourages the use of the financial mechanism established by the Convention to promote the voluntary transfer of intellectual property rights held by Swiss operators, in particular as regards the granting of licenses, by Traditional business processes and decisions, while ensuring appropriate and effective protection of property rights.
1 Art. 1 al. 1 of the FA of 28. 1994 (RO 1995 1407)
2 RO 1995 1435, 2003 3787, 2007 1399, 2011 4885, 2015 757. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 Art. 1 al. 2 of the AF of 28. 1994 (RO 1995 1407)
