Article 2-Use of Terms
Article 4-Jurisdictional Scope
Article 6-General Measures for Conservation and Sustainable
Article 7-Identification and Monitoring
Article 8-In-situ Conservation
Article 9-Ex-situ Conservation
Article 10-Sustainable Use of Components of Biological
Article 11-Incentive Measures
Article 12-Research and Training
Article 13-Public Education and Awareness
Article 14-Impact Assessment and Minimizing Adverse
Article 15-Access to Genetic Resources
Article 16-Access to and Transfer of Technology
Article 17-Exchange of Information
Article 18-Technical and Scientific Cooperation
Article 19-Handling of Biotechnology and Distribution
of its Benefits
Article 20-Financial Resources
Article 21-Financial Mechanism
Article 22-Relationship with Other International Conventions
Article 23-Conference of the Parties
Article 25-Subsidiary Body on Scientific, Technical
and Technological Advice
Article 27-Settlements of Disputes
Article 28-Adoption of Protocols
Article 29-Amendment of the Convention or Protocols
Article 30-Adoption and Amendment of Annexes
Article 31-Right to vote
Article 32-Relationship between this Convention and
Article 34-Ratification, Acceptance or Approval
Article 36-Entry into Force
Article 39-Financial Interim Arrangements
Article 40-Secretariat Interim Arrangements
Article 42-Authentic Texts
Annex I-Identification and Monitoring
Annex I-part 1-Arbitration
Annex II-part 2-Conciliation
The Contracting Parties,
Conscious of the intrinsic value of biological diversity and of the ecological,
genetic, social, economic, scientific, educational, cultural, recreational
and aesthetic values of biological diversity and its components,
Conscious also of the importance of biological diversity for evolution
and for maintaining life sustaining systems of the biosphere, Affirming
that the conservation of biological diversity is a common concern of humankind,
Reaffirming that States have sovereign rights over their own biological
resources, Reaffirming also that States are responsible for conserving
their biological diversity and for using their biological resources in
a sustainable manner,
Concerned that biological diversity is being significantly reduced by
certain human activities,
Aware of the general lack of information and knowledge regarding biological
diversity and of the urgent need to develop scientific, technical and
institutional capacities to provide the basic understanding upon which
to plan and implement appropriate measures,
Noting that it is vital to anticipate, prevent and attack the causes of
significant reduction or loss of biological diversity at source,
Noting also that where there is a threat of significant reduction or loss
of biological diversity, lack of full scientific certainty should not
be used as a reason for postponing measures to avoid or minimize such
a threat, Noting further that the fundamental requirement for the conservation
of biological diversity is the in-situ conservation of ecosystems and
natural habitats and the maintenance and recovery of viable populations
of species in their natural surroundings,
Noting further that ex-situ measures, preferably in the country of origin,
also have an important role to play,
Recognizing the close and traditional dependence of many indigenous and
local communities embodying traditional lifestyles on biological resources,
and the desirability of sharing equitably benefits arising from the use
of traditional knowledge, innovations and practices relevant to the conservation
of biological diversity and the sustainable use of its components,
Recognizing also the vital role that women play in the conservation and
sustainable use of biological diversity and affirming the need for the
full participation of women at all levels of policy-making and implementation
for biological diversity conservation,
Stressing the importance of, and the need to promote, international, regional
and global cooperation among States and intergovernmental organizations
and the non-governmental sector for the conservation of biological diversity
and the sustainable use of its components,
Acknowledging that the provision of new and additional financial resources
and appropriate access to relevant technologies can be expected to make
a substantial difference in the world's ability to address the loss of
Acknowledging further that special provision is required 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, Acknowledging that substantial investments are
required to conserve biological diversity and that there is the expectation
of a broad range of environmental, economic and social benefits from those
Recognizing that economic and social development and poverty eradication
are the first and overriding priorities of developing countries,
Aware that conservation and sustainable use of biological diversity is
of critical importance for meeting the food, health and other needs of
the growing world population, for which purpose access to and sharing
of both genetic resources and technologies are essential,
Noting that, ultimately, the conservation and sustainable use of biological
diversity will strengthen friendly relations among States and contribute
to peace for humankind,
Desiring to enhance and complement existing international arrangements
for the conservation of biological diversity and sustainable use of its
Determined to conserve and sustainably use biological diversity for the
benefit of present and future generations,
Have agreed as follows:
ARTICLE 1. OBJECTIVES
The objectives of this Convention, to be pursued in accordance with its
relevant provisions, are the conservation of biological diversity, the
sustainable use of its components and the fair and equitable sharing of
the benefits arising out of the utilization of genetic resources, including
by appropriate access to genetic resources and by appropriate transfer
of relevant technologies, taking into account all rights over those resources
and to technologies, and by appropriate funding.
ARTICLE 2. USE OF TERMS
For the purposes of this Convention:
"Biological diversity" means the variability among living organisms
from all sources including, inter alia, terrestrial, marine and other
aquatic ecosystems and the ecological complexes of which they are part;
this includes diversity within species, between species and of ecosystems.
"Biological resources" includes genetic resources, organisms
or parts thereof, populations, or any other biotic component of ecosystems
with actual or potential use or value for humanity.
"Biotechnology" means any technological application that uses
biological systems, living organisms, or derivatives thereof, to make
or modify products or processes for specific use.
"Country of origin of genetic resources" means the country which
possesses those genetic resources in in-situ conditions.
"Country providing genetic resources" means the country supplying
genetic resources collected from in-situ sources, including populations
of both wild and domesticated species, or taken from ex-situ sources,
which may or may not have originated in that country.
"Domesticated or cultivated species" means species in which
the evolutionary process has been influenced by humans to meet their needs.
"Ecosystem" means a dynamic complex of plant, animal and microorganism
communities and their non-living environment interacting as a functional
"Ex-situ conservation" means the conservation of components
of biological diversity outside their natural habitats.
"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
"Habitat" means the place or type of site where an organism
or population naturally occurs.
"In-situ conditions" means conditions where genetic resources
exist within ecosystems and natural habitats, and, in the case of domesticated
or cultivated species, in the surroundings where they have developed their
"In-situ conservation" means the conservation of ecosystems
and natural habitats and the maintenance and recovery of viable populations
of species in their natural surroundings and, in the case of domesticated
or cultivated species, in the surroundings where they have developed their
"Protected area" means a geographically
defined area which is designated or regulated and managed to achieve specific
"Regional economic integration organization" means an organization
constituted by sovereign States of a given region, to which its member
States have transferred competence in respect of matters governed by this
Convention and which has been duly authorized, in accordance with its
internal procedures, to sign, ratify, accept, approve or accede to it.
"Sustainable use" means the use of components of biological
diversity in a way and at a rate that does not lead to the longterm decline
of biological diversity, thereby maintaining its potential to meet the
needs and aspirations of present and future generations.
"Technology" includes biotechnology.
ARTICLE 3. PRINCIPLE
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 pursuant to their own environmental policies, and the responsibility
to ensure that activities within their jurisdiction or control do not
cause damage to the environment of other States or of areas beyond the
limits of national jurisdiction.
ARTICLE 4. JURISDICTIONAL SCOPE
Subject to the rights of other States, and except as otherwise expressly
provided in this Convention, the provisions of this Convention apply,
in relation to each Contracting Party:
In the case of components of biological
diversity, in areas within the limits of its national jurisdiction; and
In the case of processes and activities, regardless of where their effects
occur, carried out under its jurisdiction or control, within the area
of its national jurisdiction or beyond the limits of national jurisdiction.
ARTICLE 5. COOPERATION
Each Contracting Party shall, as far as possible and as appropriate, cooperate
with other Contracting Parties, directly or, where appropriate, through
competent international organizations, in respect of areas beyond national
jurisdiction and on other matters of mutual interest, for the conservation
and sustainable use of biological diversity.
ARTICLE 6. GENERAL MEASURES FOR CONSERVATION AND SUSTAINABLE USE
Each Contracting Party shall, in accordance with its particular conditions
Develop national strategies, plans or
programmes for the conservation and sustainable use of biological diversity
or adapt for this purpose existing strategies, plans or programmes which
shall reflect, inter alia, the measures set out in this Convention relevant
to the Contracting Party concerned; and
Integrate, as far as possible and as appropriate, the conservation and
sustainable use of biological diversity into relevant sectoral or cross-sectoral
plans, programmes and policies.
ARTICLE 7. IDENTIFICATION AND MONITORING
Each Contracting Party shall, as far as possible and as appropriate, in
particular for the purposes of Articles 8 to 10:
Identify components of biological diversity
important for its conservation and sustainable use having regard to the
indicative list of categories set down in Annex I;
Monitor, through sampling and other techniques, the components of biological
diversity identified pursuant to subparagraph paying particular attention
to those requiring urgent conservation measures and those which offer
the greatest potential for sustainable use;
Identify processes and categories of activities which have or are likely
to have significant adverse impacts on the conservation and sustainable
use of biological diversity, and monitor their effects through sampling
and other techniques; and
Maintain and organize, by any mechanism data, derived from identification
and monitoring activities pursuant to subparagraphs (a), (b) and (c) above.
ARTICLE 8. IN-SITU CONSERVATION
Each Contracting Party shall, as far as possible and as appropriate:
Establish a system of protected areas
or areas where special measures need to be taken to conserve biological
Develop, where necessary, guidelines for the selection, establishment
and management of protected areas or areas where special measures need
to be taken to conserve biological diversity;
Regulate or manage biological resources important for the conservation
of biological diversity whether within or outside protected areas, with
a view to ensuring their conservation and sustainable use;
Promote the protection of ecosystems, natural habitats and the maintenance
of viable populations of species in natural surroundings;
Promote environmentally sound and sustainable development in areas adjacent
to protected areas with a view to furthering protection of these areas;
Rehabilitate and restore degraded ecosystems and promote the recovery
of threatened species, inter alia, through the development and implementation
of plans or other management strategies;
Establish or maintain means to regulate, manage or control the risks associated
with the use and release of living modified organisms resulting from biotechnology
which are likely to have adverse environmental impacts that could affect
the conservation and sustainable use of biological diversity, taking also
into account the risks to human health;
Prevent the introduction of, control or eradicate those alien species
which threaten ecosystems, habitats or species;
Endeavour to provide the conditions needed for compatibility between present
uses and the conservation of biological diversity and the sustainable
use of its components;
Subject to its national legislation, respect, preserve and maintain knowledge,
innovations and practices of indigenous and local communities embodying
traditional lifestyles relevant for the conservation and sustainable use
of biological diversity and promote their wider application with the approval
and involvement of the holders of such knowledge, innovations and practices
and encourage the equitable sharing of the benefits arising from the utilization
of such knowledge, innovations and practices;
Develop or maintain necessary legislation and/or other regulatory provisions
for the protection of threatened species and populations;
Where a significant adverse effect on biological diversity has been determined
pursuant to Article 7, regulate or manage the relevant processes and categories
of activities; and
Cooperate in providing financial and other support for in-situ conservation
outlined in subparagraphs (a) to (l) above, particularly to developing
ARTICLE 9. EX-SITU CONSERVATION
Each Contracting Party shall, as far as possible and as appropriate, and
predominantly for the purpose of complementing in-situ measures:
Adopt measures for the ex-situ conservation
of components of biological diversity, preferably in the country of origin
of such components;
Establish and maintain facilities for ex-situ conservation of and research
on plants, animals and micro- organisms, preferably in the country of
origin of genetic resources;
Adopt measures for the recovery and rehabilitation of threatened species
and for their reintroduction into their natural habitats under appropriate
Regulate and manage collection of biological resources from natural habitats
for ex-situ conservation purposes so as not to threaten ecosystems and
in-situ populations of species, except where special temporary ex-situ
measures are required under subparagraph (c) above; and
Cooperate in providing financial and other support for ex-situ conservation
outlined in subparagraphs (a) to (d) above and in the establishment and
maintenance of ex-situ conservation facilities in developing countries.
ARTICLE 10. SUSTAINABLE USE OF COMPONENTS OF BIOLOGICAL DIVERSITY
Each Contracting Party shall, as far as possible and as appropriate:
Integrate consideration of the conservation
and sustainable use of biological resources into national decision-making;
Adopt measures relating to the use of biological resources to avoid or
minimize adverse impacts on biological diversity;
Protect and encourage customary use of biological resources in accordance
with traditional cultural practices that are compatible with conservation
or sustainable use requirements;
Support local populations to develop and implement remedial action in
degraded areas where biological diversity has been reduced; and
Encourage cooperation between its governmental authorities and its private
sector in developing methods for sustainable use of biological resources.
ARTICLE 11. INCENTIVE MEASURES
Each Contracting Party shall, as far as possible and as appropriate, adopt
economically and socially sound measures that act as incentives for the
conservation and sustainable use of components of biological diversity.
ARTICLE 12. RESEARCH AND TRAINING
The Contracting Parties, taking into account the special needs of developing
Establish and maintain programmes for
scientific and technical education and training in measures for the identification,
conservation and sustainable use of biological diversity and its components
and provide support for such education and training for the specific needs
of developing countries;
Promote and encourage research which contributes to the conservation and
sustainable use of biological diversity, particularly in developing countries,
inter alia, in accordance with decisions of the Conference of the Parties
taken in consequence of recommendations of the Subsidiary Body on Scientific,
Technical and Technological Advice; and
In keeping with the provisions of Articles 16, 18 and 20, promote and
cooperate in the use of scientific advances in biological diversity research
in developing methods for conservation and sustainable use of biological
ARTICLE 13. PUBLIC EDUCATION AND AWARENESS
The Contracting Parties shall:
Promote and encourage understanding
of the importance of, and the measures required for, the conservation
of biological diversity, as well as its propagation through media, and
the inclusion of these topics in educational programmes; and
Cooperate, as appropriate, with other States and international organizations
in developing educational and public awareness programmes, with respect
to conservation and sustainable use of biological diversity.
ARTICLE 14. IMPACT ASSESSMENT AND MINIMIZING ADVERSE IMPACTS
1. Each Contracting Party, as far as possible and as appropriate, shall:
Introduce appropriate procedures requiring
environmental impact assessment of its proposed projects that are likely
to have significant adverse effects on biological diversity with a view
to avoiding or minimizing such effects and, where appropriate, allow for
public participation in such procedures;
Introduce appropriate arrangements to ensure that the environmental consequences
of its programmes and policies that are likely to have significant adverse
impacts on biological diversity are duly taken into account;
Promote, on the basis of reciprocity, notification, exchange of information
and consultation on activities under their jurisdiction or control which
are likely to significantly affect adversely the biological diversity
of other States or areas beyond the limits of national jurisdiction, by
encouraging the conclusion of bilateral, regional or multilateral arrangements,
In the case of imminent or grave danger or damage, originating under its
jurisdiction or control, to biological diversity within the area under
jurisdiction of other States or in areas beyond the limits of national
jurisdiction, notify immediately the potentially affected States of such
danger or damage, as well as initiate action to prevent or minimize such
danger or damage; and
Promote national arrangements for emergency responses to activities or
events, whether caused naturally or otherwise, which present a grave and
imminent danger to biological diversity and encourage international cooperation
to supplement such national efforts and, where appropriate and agreed
by the States or regional economic integration organizations concerned,
to establish joint contingency plans.
The Conference of the Parties shall examine, on the basis of studies to
be carried out, the issue of liability and redress, including restoration
and compensation, for damage to biological diversity, except where such
liability is a purely internal matter.
ARTICLE 15. ACCESS TO GENETIC RESOURCES
Recognizing the sovereign rights of
States over their natural resources, the authority to determine access
to genetic resources rests with the national governments and is subject
to national legislation.
Each Contracting Party shall endeavour to create conditions to facilitate
access to genetic resources for environmentally sound uses by other Contracting
Parties and not to impose restrictions that run counter to the objectives
of this Convention.
For the purpose of this Convention, the genetic resources being provided
by a Contracting Party, as referred to in this Article and Articles 16
and 19, are only those that are provided by Contracting Parties that are
countries of origin of such resources or by the Parties that have acquired
the genetic resources in accordance with this Convention.
Access, where granted, shall be on mutually agreed terms and subject to
the provisions of this Article.
Access to genetic resources shall be subject to prior informed consent
of the Contracting Party providing such resources, unless otherwise determined
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, and where possible in, such Contracting
Each Contracting Party shall take legislative, administrative or policy
measures, as appropriate, and in accordance with Articles 16 and 19 and,
where necessary, through the financial mechanism established by Articles
20 and 21 with the aim of sharing in a fair and equitable way the results
of research and development and the benefits arising from the commercial
and other utilization of genetic resources with the Contracting Party
providing such resources. Such sharing shall be upon mutually agreed terms.
ARTICLE 16. ACCESS TO AND TRANSFER OF TECHNOLOGY
Each Contracting Party, recognizing
that technology includes biotechnology, and that both access to and transfer
of technology among Contracting Parties are essential elements for the
attainment of the objectives of this Convention, undertakes subject to
the provisions of this Article to provide and/or facilitate access for
and transfer to other Contracting Parties of technologies that are relevant
to the conservation and sustainable use of biological diversity or make
use of genetic resources and do not cause significant damage to the environment.
Access to and transfer of technology referred to in paragraph 1 above
to developing countries shall be provided and/or facilitated under fair
and most favourable terms, including on concessional and preferential
terms where mutually agreed, and, where necessary, in accordance with
the financial mechanism established by Articles 20 and 21. In the case
of technology subject to patents and other intellectual property rights,
such access and transfer shall be provided on terms which recognize and
are consistent with the adequate and effective protection of intellectual
property rights. The application of this paragraph shall be consistent
with paragraphs 3, 4 and 5 below.
Each Contracting Party shall take legislative, administrative or policy
measures, as appropriate, with the aim that Contracting Parties, in particular
those that are developing countries, which provide genetic resources are
provided access to and transfer of technology which makes use of those
resources, on mutually agreed terms, including technology protected by
patents and other intellectual property rights, where necessary, through
the provisions of Articles 20 and 21 and in accordance with international
law and consistent with paragraphs 4 and 5 below.
Each Contracting Party shall take legislative, administrative or policy
measures, as appropriate, with the aim that the private sector facilitates
access to, joint development and transfer of technology referred to in
paragraph 1 above for the benefit of both governmental institutions and
the private sector of developing countries and in this regard shall abide
by the obligations included in paragraphs 1, 2 and 3 above.
The Contracting Parties, recognizing that patents and other intellectual
property rights may have an influence on the implementation of this Convention,
shall cooperate in this regard subject to national legislation and international
law in order to ensure that such rights are supportive of and do not run
counter to its objectives.
ARTICLE 17. EXCHANGE OF INFORMATION
The Contracting Parties shall facilitate
the exchange of information, from all publicly available sources, relevant
to the conservation and sustainable use of biological diversity, taking
into account the special needs of developing countries.
Such exchange of information shall include exchange of results of technical,
scientific and socio-economic research, as well as information on training
and surveying programmes, specialized knowledge, indigenous and traditional
knowledge as such and in combination with the technologies referred to
in Article 16, paragraph 1. It shall also, where feasible, include repatriation
ARTICLE 18. TECHNICAL AND SCIENTIFIC COOPERATION
The Contracting Parties shall promote
international technical and scientific cooperation in the field of conservation
and sustainable use of biological diversity, where necessary, through
the appropriate international and national institutions.
Each Contracting Party shall promote technical and scientific cooperation
with other Contracting Parties, in particular developing countries, in
implementing this Convention, inter alia, through the development and
implementation of national policies. In promoting such cooperation, special
attention should be given to the development and strengthening of national
capabilities, by means of human resources development and institution
The Conference of the Parties, at its first meeting, shall determine how
to establish a clearing-house mechanism to promote and facilitate technical
and scientific cooperation.
The Contracting Parties shall, in accordance with national legislation
and policies, encourage and develop methods of cooperation for the development
and use of technologies, including indigenous and traditional technologies,
in pursuance of the objectives of this Convention. For this purpose, the
Contracting Parties shall also promote cooperation in the training of
personnel and exchange of experts.
The Contracting Parties shall, subject to mutual agreement, promote the
establishment of joint research programmes and joint ventures for the
development of technologies relevant to the objectives of this Convention.
ARTICLE 19. HANDLING OF BIOTECHNOLOGY
AND DISTRIBUTION OF ITS BENEFITS
Each Contracting Party shall take legislative,
administrative or policy measures, as appropriate, to provide for the
effective participation in biotechnological research activities by those
Contracting Parties, especially developing countries, which provide the
genetic resources for such research, and where feasible in such Contracting
Each Contracting Party shall take all practicable measures to promote
and advance priority access on a fair and equitable basis by Contracting
Parties, especially developing countries, to the results and benefits
arising from biotechnologies based upon genetic resources provided by
those Contracting Parties. Such access shall be on mutually agreed terms.
The Parties shall consider the need for and modalities of a protocol setting
out appropriate procedures, including, in particular, advance informed
agreement, in the field of the safe transfer, handling and use of any
living modified organism resulting from biotechnology that may have adverse
effect on the conservation and sustainable use of biological diversity.
Each Contracting Party shall, directly or by requiring any natural or
legal person under its jurisdiction providing the organisms referred to
in paragraph 3 above, provide any available information about the use
and safety regulations required by that Contracting Party in handling
such organisms, as well as any available information on the potential
adverse impact of the specific organisms concerned to the Contracting
Party into which those organisms are to be introduced.
ARTICLE 20. FINANCIAL RESOURCES
Each Contracting Party undertakes to
provide, in accordance with its capabilities, financial support and incentives
in respect of those national activities which are intended to achieve
the objectives of this Convention, in accordance with its national plans,
priorities and programmes.
The developed country Parties shall provide new and additional financial
resources to enable developing country Parties to meet the agreed full
incremental costs to them of implementing measures which fulfil the obligations
of this Convention and to benefit from its provisions and which costs
are agreed between a developing country Party and the institutional structure
referred to in Article 21, in accordance with policy, strategy, programme
priorities and eligibility criteria and an indicative list of incremental
costs established by 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 developed country Parties.
For the purpose of this Article, the Conference of the Parties, shall
at its first meeting establish a list of developed country Parties and
other Parties which voluntarily assume the obligations of the developed
country Parties. The Conference of the Parties shall periodically review
and if necessary amend the list. Contributions from other countries and
sources on a voluntary basis would also be encouraged. The implementation
of these commitments shall take into account the need for adequacy, predictability
and timely flow of funds and the importance of burden-sharing among the
contributing Parties included in the list.
The developed country Parties may also provide, and developing country
Parties avail themselves of, financial resources related to the implementation
of this Convention through bilateral, regional and other multilateral
The extent to which developing country Parties will effectively implement
their commitments under this Convention will depend on the effective implementation
by developed country Parties of their commitments under this Convention
related to financial resources and transfer of technology and will take
fully into account the fact that economic and social development and eradication
of poverty are the first and overriding priorities of the developing country
The Parties shall take full account of the specific needs and special
situation of least developed countries in their actions with regard to
funding and transfer of technology.
The Contracting Parties shall also take into consideration the special
conditions resulting from the dependence on, distribution and location
of, biological diversity within developing country Parties, in particular
small island States.
Consideration shall also be given to the special situation of developing
countries, including those that are most environmentally vulnerable, such
as those with arid and semi- arid zones, coastal and mountainous areas.
ARTICLE 21. FINANCIAL MECHANISM
There shall be a mechanism for the provision
of financial resources to developing country Parties for purposes of this
Convention on a grant or concessional basis the essential elements of
which are described in this Article. The mechanism shall function under
the authority and guidance of, and be accountable to, the Conference of
the Parties for purposes of this Convention. The operations of the mechanism
shall be carried out by such institutional structure as may be decided
upon by the Conference of the Parties at its first meeting.
For purposes of this Convention, the
Conference of the Parties shall determine the policy, strategy, programme
priorities and eligibility criteria relating to the access to and utilization
of such resources.
The contributions shall be such as to
take into account the need for predictability, adequacy and timely flow
of funds referred to in Article 20 in accordance with the amount of resources
needed to be decided periodically by the Conference of the Parties and
the importance of burden-sharing among the contributing Parties included
in the list referred to in Article 20, paragraph
Voluntary contributions may also be made by the developed country Parties
and by other countries and sources. The mechanism shall operate within
a democratic and transparent system of governance.
Pursuant to the objectives of this Convention, the Conference of the Parties
shall at its first meeting determine the policy, strategy and programme
priorities, as well as detailed criteria and guidelines for eligibility
for access to and utilization of the financial resources including monitoring
and evaluation on a regular basis of such utilization. The Conference
of the Parties shall decide on the arrangements to give effect to paragraph
1 above after consultation with the institutional structure entrusted
with the operation of the financial mechanism.
The Conference of the Parties shall review the effectiveness of the mechanism
established under this Article, including the criteria and guidelines
referred to in paragraph 2 above, not less than two years after the entry
into force of this Convention and thereafter on a regular basis. Based
on such review, it shall take appropriate action to improve the effectiveness
of the mechanism if necessary.
The Contracting Parties shall consider strengthening existing financial
institutions to provide financial resources for the conservation and sustainable
use of biological diversity.
ARTICLE 22. RELATIONSHIP WITH OTHER INTERNATIONAL CONVENTIONS
The provisions of this Convention shall
not affect the rights and obligations of any Contracting Party deriving
from any existing international agreement, except where the exercise of
those rights and obligations would cause a serious damage or threat to
Contracting Parties shall implement this Convention with respect to the
marine environment consistently with the rights and obligations of States
under the law of the sea.
ARTICLE 23. CONFERENCE OF THE PARTIES
A Conference of the Parties is hereby
established. The first meeting of the Conference of the Parties shall
be convened by the Executive Director of the United Nations Environment
Programme not later than one year after the entry into force of this Convention.
Thereafter, ordinary meetings of the
Conference of the Parties shall be held at regular intervals to be determined
by the Conference at its first meeting.
Extraordinary meetings of the Conference of the Parties shall be held
at such other times as may be deemed necessary by the Conference, or at
the written request of any Party, provided that, within six months of
the request being communicated to them by the Secretariat, it is supported
by at least one third of the Parties.
The Conference of the Parties shall by consensus agree upon and adopt
rules of procedure for itself and for any subsidiary body it may establish,
as well as financial rules governing the funding of the Secretariat. At
each ordinary meeting, it shall adopt a budget for the financial period
until the next ordinary meeting.
The Conference of the Parties shall keep under review the implementation
of this Convention, and, for this purpose, shall:
Establish the form and the intervals for transmitting the information
to be submitted in accordance with Article 26 and consider such information
as well as reports submitted by any subsidiary body;
Review scientific, technical and technological advice on biological diversity
provided in accordance with Article 25;
Consider and adopt, as required, protocols in accordance with Article
Consider and adopt, as required, in accordance with Articles 29 and 30,
amendments to this Convention and its annexes;
Consider amendments to any protocol, as well as to any annexes thereto,
and, if so decided, recommend their adoption to the parties to the protocol
Consider and adopt, as required, in accordance with Article 30, additional
annexes to this Convention;
Establish such subsidiary bodies, particularly to provide scientific and
technical advice, as are deemed necessary for the implementation of this
Contact, through the Secretariat, the executive bodies of conventions
dealing with matters covered by this Convention with a view to establishing
appropriate forms of cooperation with them; and
Consider and undertake any additional action that may be required for
the achievement of the purposes of this Convention in the light of experience
gained in its operation.
The United Nations, its specialized agencies and the International Atomic
Energy Agency, as well as any State not Party to this Convention, may
be represented as observers at meetings of the Conference of the Parties.
Any other body or agency, whether governmental or non-governmental, qualified
in fields relating to conservation and sustainable use of biological diversity,
which has informed the Secretariat of its wish to be represented as an
observer at a meeting of the Conference of the Parties, may be admitted
unless at least one third of the Parties present object. The admission
and participation of observers shall be subject to the rules of procedure
adopted by the Conference of the Parties.
ARTICLE 24. SECRETARIAT
1. A secretariat is hereby established. Its functions shall be:
To arrange for and service meetings
of the Conference of the Parties provided for in Article 23;
To perform the functions assigned to it by any protocol;
To prepare reports on the execution of its functions under this Convention
and present them to the Conference of the Parties;
To coordinate with other relevant international bodies and, in particular
to enter into such administrative and contractual arrangements as may
be required for the effective discharge of its functions; and
To perform such other functions as may be determined by the Conference
of the Parties.
At its first ordinary meeting, the Conference of the Parties shall designate
the secretariat from amongst those existing competent international organizations
which have signified their willingness to carry out the secretariat functions
under this Convention.
ARTICLE 25. SUBSIDIARY BODY ON SCIENTIFIC, TECHNICAL AND TECHNOLOGICAL
A subsidiary body for the provision
of scientific, technical and technological advice is hereby established
to provide the Conference of the Parties and, as appropriate, its other
subsidiary bodies with timely advice relating to the implementation of
this Convention. This body shall be open to participation by all Parties
and shall be multidisciplinary. It shall comprise government representatives
competent in the relevant field of expertise. It shall report regularly
to the Conference of the Parties on all aspects of its work.
Under the authority of and in accordance with guidelines laid down by
the Conference of the Parties, and upon its request, this body shall:
Provide scientific and technical assessments of the status of biological
Prepare scientific and technical assessments of the effects of types of
measures taken in accordance with the provisions of this Convention;
Identify innovative, efficient and state-of-the-art technologies and know-how
relating to the conservation and sustainable use of biological diversity
and advise on the ways and means of promoting development and/or transferring
Provide advice on scientific programmes and international cooperation
in research and development related to conservation and sustainable use
of biological diversity; and
Respond to scientific, technical, technological and methodological questions
that the Conference of the Parties and its subsidiary bodies may put to
The functions, terms of reference, organization and operation of this
body may be further elaborated by the Conference of the Parties.
ARTICLE 26. REPORTS
Each Contracting Party shall, at intervals to be determined by the Conference
of the Parties, present to the Conference of the Parties, reports on measures
which it has taken for the implementation of the provisions of this Convention
and their effectiveness in meeting the objectives of this Convention.
ARTICLE 27. SETTLEMENT OF DISPUTES
In the event of a dispute between Contracting
Parties concerning the interpretation or application of this Convention,
the parties concerned shall seek solution by negotiation.
If the parties concerned cannot reach agreement by negotiation, they may
jointly seek the good offices of, or request mediation by, a third party.
When ratifying, accepting, approving or acceding to this Convention, or
at any time thereafter, a State or regional economic integration organization
may declare in writing to the Depositary that for a dispute not resolved
in accordance with paragraph 1 or paragraph 2 above, it accepts one or
both of the following means of dispute settlement as compulsory:
Arbitration in accordance with the procedure laid down in Part 1 of Annex
Submission of the dispute to the International Court of Justice.
4. If the parties to the dispute have
not, in accordance withparagaph 3 above, accepted the same or any procedure,
the dispute shall be submitted to conciliation in accordance with Part
2 of Annex II unless the parties otherwise agree.
5. The provisions of this Article shall
apply with respect to any protocol except as otherwise provided in the
ARTICLE 28. ADOPTION OF PROTOCOLS
The Contracting Parties shall cooperate
in the formulation and adoption of protocols to this Convention.
Protocols shall be adopted at a meeting of the Conference of the Parties.
The text of any proposed protocol shall be communicated to the Contracting
Parties by the Secretariat at least six months before such a meeting.
ARTICLE 29. AMENDMENT OF THE CONVENTION OR PROTOCOLS
Amendments to this Convention may be
proposed by any Contracting Party. Amendments to any protocol may be proposed
by any Party to that protocol.
Amendments to this Convention shall be adopted at a meeting of the Conference
of the Parties. Amendments to any protocol shall be adopted at a meeting
of the Parties to the Protocol in question. The text of any proposed amendment
to this Convention or to any protocol, except as may otherwise be provided
in such protocol, shall be communicated to the Parties to the instrument
in question by the secretariat at least six months before the meeting
at which it is proposed for adoption. The secretariat shall also communicate
proposed amendments to the signatories to this Convention for information.
The Parties shall make every effort to reach agreement on any proposed
amendment to this Convention or to any protocol by consensus.
If all efforts at consensus have been
exhausted, and no agreement reached, the amendment shall as a last resort
be adopted by a two-third majority vote of the Parties to the instrument
in question present and voting at the meeting, and shall be submitted
by the Depositary to all Parties for ratification, acceptance or approval.
Ratification, acceptance or approval of amendments shall be notified to
the Depositary in writing. Amendments adopted in accordance with paragraph
3 above shall enter into force among 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 Contracting Parties to this
Convention or of the Parties to the protocol concerned, except as may
otherwise be provided in such protocol. Thereafter the amendments shall
enter into force for any other Party on the ninetieth day after that Party
deposits its instrument of ratification, acceptance or approval of the
For the purposes of this Article, "Parties present and voting"
means Parties present and casting an affirmative or negative vote.
ARTICLE 30. ADOPTION AND AMENDMENT OF ANNEXES
The annexes to this Convention or to
any protocol shall form an integral part of the Convention or of such
protocol, as the case may be, and, unless expressly provided otherwise,
a reference to this Convention or its protocols constitutes at the same
time a reference to any annexes thereto. Such annexes shall be restricted
to procedural, scientific, technical and administrative matters.
Except as may be otherwise provided in any protocol with respect to its
annexes, the following procedure shall apply to the proposal, adoption
and entry into force of additional annexes to this Convention or of annexes
to any protocol:
Annexes to this Convention or to any protocol shall be proposed and adopted
according to the procedure laid down in Article 29;
Any Party that is unable to approve an additional annex to this Convention
or an annex to any protocol to which it is Party shall so notify the Depositary,
in writing, within one year from the date of the communication of the
adoption by the Depositary. The Depositary shall without delay notify
all Parties of any such notification received. A Party may at any time
withdraw a previous declaration of objection and the annexes shall thereupon
enter into force for that Party subject to subparagraph (c) below;
(c) On the expiry of one year from the
date of the communication of the adoption by the Depositary, the annex
shall enter into force for all Parties to this Convention or to any protocol
concerned which have not submitted a notification in accordance with the
provisions of subparagraph (b) above.
3. The proposal, adoption and entry
into force of amendments toannexes to this 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 to any protocol.
4. If an additional annex or an amendment
to an annex is related to an amendment to this Convention or to any protocol,
the additional annex or amendment shall not enter into force until such
time as the amendment to the Convention or to the protocol concerned enters
ARTICLE 31. RIGHT TO VOTE
Except as provided for in paragraph
2 below, each Contracting Party to this Convention or to any protocol
shall have one vote.
Regional economic integration organizations, in matters within their competence,
shall exercise their right to vote with a number of votes equal to the
number of their member States which are Contracting Parties to this Convention
or the relevant protocol. Such organizations shall not exercise their
right to vote if their member States exercise theirs, and vice versa.
ARTICLE 32. RELATIONSHIP BETWEEN THIS CONVENTION AND ITS PROTOCOLS
A State or a regional economic integration
organization may not become a Party to a protocol unless it is, or becomes
at the same time, a Contracting Party to this Convention.
Decisions under any protocol shall be taken only by the Parties to the
protocol concerned. Any Contracting Party that has not ratified, accepted
or approved a protocol may participate as an observer in any meeting of
the parties to that protocol.
ARTICLE 33. SIGNATURE
This Convention shall be open for signature at Rio de Janeiro by all States
and any regional economic integration organization from 5 June 1992 until
14 June 1992, and at the United Nations Headquarters in New York from
15 June 1992 to 4 June 1993.
ARTICLE 34. RATIFICATION, ACCEPTANCE OR APPROVAL
This Convention and any protocol shall
be subject to ratification, acceptance or approval by States and by regional
economic integration organizations. Instruments of ratification, acceptance
or approval shall be deposited with the Depositary.
Any organization referred to in paragraph 1 above which becomes a Contracting
Party to this Convention or any protocol without any of its member States
being a Contracting Party shall be bound by all the obligations under
the Convention or the protocol, as the case may be.
In the case of such organizations, one
or more of whose member States is a Contracting Party to this Convention
or relevant protocol, the organization and its member States shall decide
on their respective responsibilities for the performance of their obligations
under the Convention or protocol, as the case may be. In such cases, the
organization and the member States shall not be entitled to exercise rights
under the Convention or relevant protocol concurrently.
In their instruments of ratification, acceptance or approval, the organizations
referred to in paragraph 1 above shall declare the extent of their competence
with respect to the matters governed by the Convention or the relevant
protocol. These organizations shall also inform the Depositary of any
relevant modification in the extent of their competence.
ARTICLE 35. ACCESSION
This Convention and any protocol shall
be open for accession by States and by regional economic integration organizations
from the date on which the Convention or the protocol concerned is closed
for signature. The instruments of accession shall be deposited with the
In their instruments of accession, the organizations referred to in paragraph
1 above shall declare the extent of their competence with respect to the
matters governed by the Convention or the relevant protocol. These organizations
shall also inform the Depositary of any relevant modification in the extent
of their competence.
The provisions of Article 34, paragraph 2, shall apply to regional economic
integration organizations which accede to this Convention or any protocol.
ARTICLE 36. ENTRY INTO FORCE
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.
Any protocol shall enter into force on the ninetieth day after the date
of deposit of the number of instruments of ratification, acceptance, approval
or accession, specified in that protocol, has been deposited.
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 accession, it shall enter into force on the ninetieth
day after the date of deposit by such Contracting Party of its instrument
of ratification, acceptance, approval or accession.
Any protocol, except as otherwise provided in such protocol, shall enter
into force for a Contracting Party that ratifies, accepts or approves
that protocol or accedes thereto after its entry into force pursuant to
paragraph 2 above, on the ninetieth day after the date on which that Contracting
Party deposits its instrument of ratification, acceptance, approval or
accession, or on the date on which this Convention enters into force for
that Contracting Party, whichever shall be the later.
For the purposes of paragraphs 1 and 2 above, any instrument deposited
by a regional economic integration organization shall not be counted as
additional to those deposited by member States of such organization.
ARTICLE 37. RESERVATIONS
No reservations may be made to this Convention.
ARTICLE 38. WITHDRAWALS
At any time after two years from the
date on which this Convention has entered into force for a Contracting
Party, that Contracting Party may withdraw from the Convention by giving
written notification to the Depositary.
Any such withdrawal shall take place upon expiry of one year after the
date of its receipt by the Depositary, or on such later date as may be
specified in the notification of the withdrawal.
Any Contracting Party which withdraws from this Convention shall be considered
as also having withdrawn from any protocol to which it is party.
ARTICLE 39. FINANCIAL INTERIM ARRANGEMENTS
Provided that it has been fully restructured in accordance with the requirements
of Article 21, the Global Environment Facility of the United Nations Development
Programme, the United Nations Environment Programme and the International
Bank for Reconstruction and Development shall be the institutional structure
referred to in Article 21 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 or until the Conference of the Parties decides which institutional
structure will be designated in accordance with Article 21.
ARTICLE 40. SECRETARIAT INTERIM ARRANGEMENTS
The secretariat to be provided by the Executive Director of United Nations
Environment Programme shall be the secretariat referred to in Article
24, paragraph 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. DEPOSITARY
The Secretary-General of the United Nations shall assume the functions
of Depositary of this Convention and any protocols.
ARTICLE 42. AUTHENTIC TEXTS
The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited
with the Secretary- General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect,
have signed this Convention.
Done at Rio de Janeiro on this fifth day of June, one thousand nine hundred
and ninety- two.
I OF CBD
IDENTIFICATION AND MONITORING
Ecosystems and habitats: containing
high diversity, large numbers of endemic or threatened species, or wilderness;
required by migratory species; of social, economic, cultural or scientific
importance; or, which are representative, unique or associated with key
evolutionary or other biological processes;
Species and communities which are: threatened; wild relatives of domesticated
or cultivated species; of medicinal, agricultural or other economic value;
or social, scientific or cultural importance; or importance for research
into the conservation and sustainable use of biological diversity, such
as indicator species; and
Described genomes and genes of social, scientific or economic importance.
II OF CBD
PART 1 ARBITRATION
Article 1: The claimant party shall notify the secretariat that
the parties are referring a dispute to arbitration pursuant to Article
27. The notification shall state the subject-matter of arbitration and
include, in particular, the articles of the Convention or the protocol,
the interpretation or application of which are at issue. If the parties
do not agree on the subject matter of the dispute before the President
of the tribunal is designated, the arbitral tribunal shall determine the
subject matter. The secretariat shall forward the information thus received
to all Contracting Parties to this Convention or to the protocol concerned.
Article 2: In disputes between two parties, the arbitral tribunal
shall consist of three members. Each of the parties to the dispute shall
appoint an arbitrator and the two arbitrators so appointed shall designate
by common agreement the third arbitrator who shall be the President of
the tribunal. The latter shall not be a national of one of the parties
to the dispute, nor have his or her usual place of residence in the territory
of one of these parties, nor be employed by any of them, nor have dealt
with the case in any other capacity.
In disputes between more than two parties, parties in the same interest
shall appoint one arbitrator jointly by agreement.
Any vacancy shall be filled in the manner prescribed for the initial appointment.
Article 3: If the President of the arbitral tribunal has not been
designated within two months of the appointment of the second arbitrator,
the Secretary-General of the United Nations shall, at the request of a
party, designate the President within a further two-month period.
If one of the parties to the dispute does not appoint an arbitrator within
two months of receipt of the request, the other party may inform the Secretary-General
who shall make the designation within a further two-month period.
Article 4: The arbitral tribunal shall render its decisions in
accordance with the provisions of this Convention, any protocols concerned,
and international law.
Article 5: Unless the parties to the dispute otherwise agree, the
arbitral tribunal shall determine its own rules of procedure.
Article 6: The arbitral tribunal may, at the request of one of
the parties, recommend essential interim measures of protection.
Article 7: The parties to the dispute shall facilitate the work
of the arbitral tribunal and, in particular, using all means at their
Provide it with all relevant documents,
information and facilities; and
Enable it, when necessary, to call witnesses or experts and receive their
Article 8: The parties and the arbitrators are under an obligation
to protect the confidentiality of any information they receive in confidence
during the proceedings of the arbitral tribunal.
Article 9: Unless the arbitral
tribunal determines otherwise because of the particular circumstances
of the case, the costs of the tribunal shall be borne by the parties to
the dispute in equal shares. The tribunal shall keep a record of all its
costs, and shall furnish a final statement thereof to the parties.
Article 10: Any Contracting Party that has an interest of a legal
nature in the subject-matter of the dispute which may be affected by the
decision in the case, may intervene in the proceedings with the consent
of the tribunal.
Article 11: The tribunal may hear and determine counterclaims arising
directly out of the subject-matter of the dispute.
Article 12: Decisions both on procedure and substance of the arbitral
tribunal shall be taken by a majority vote of its members.
Article 13: 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 to make its award.
Absence of a party or a failure of a party to defend its case shall not
constitute a bar to the proceedings. Before rendering its final decision,
the arbitral tribunal must satisfy itself that the claim is well founded
in fact and law.
Article 14: The tribunal shall render its final decision within
five months of the date on which it is fully constituted unless it finds
it necessary to extend the time-limit for a period which should not exceed
five more months.
Article 15: The final decision of the arbitral tribunal shall be
confined to the subject-matter of the dispute and shall state the reasons
on which it is based. It shall contain the names of the members who have
participated and the date of the final decision. Any member of the tribunal
may attach a separate or dissenting opinion to the final decision.
Article 16: The award shall be binding on the parties to the dispute.
It shall be without appeal unless the parties to the dispute have agreed
in advance to an appellate procedure.
Article 17: Any controversy which may arise between the parties
to the dispute as regards the interpretation or manner of implementation
of the final decision may be submitted by either party for decision to
the arbitral tribunal which rendered it.
PART 2 - CONCILIATION
Article 1: A conciliation commission shall be created upon the
request of one of the parties to the dispute. The commission shall, unless
the parties otherwise agree, be composed of five members, two appointed
by each Party concerned and a President chosen jointly by those members.
Article 2: In disputes between more than two parties, parties in
the sameinterest shall appoint their members of the commission jointly
by agreement. Where two or more parties have separate interests or there
is a disagreement as to whether they are of the same interest, they shall
appoint their members separately.
Article 3: If any appointments by the parties are not made within
two months of the date of the request to create a conciliation commission,
the Secretary-General of the United Nations shall, if asked to do so by
the party that made the request, make those appointments within a further
Article 4: If a President of the conciliation commission has not
been chosen within two months of the last of the members of the commission
being appointed, the Secretary-General of the United Nations shall, if
asked to do so by a party, designate a President within a further two-month
Article 5: The conciliation commission shall take its decisions
by majority vote of its members. It shall, unless the parties to the dispute
otherwise agree, determine its own procedure. It shall render a proposal
for resolution of the dispute, which the parties shall consider in good
Article 6: A disagreement as to whether the conciliation commission
has competence shall be decided by the commission.