CONVENTION ON BIOLOGICAL DIVERSITY (INCORPORATION) REGULATIONS (incorporation)

CONVENTION ON BIOLOGICAL DIVERSITY (INCORPORATION)

SUBSIDIARY LEGISLATION 549.27

CONVENTION ON BIOLOGICAL DIVERSITY

(INCORPORATION) REGULATIONS

28th June, 2002

LEGAL NOTICE 160 of 2002.

The title of these regulations is the Convention on

Biological Diversity (Incorporation) Regulations.

CONVENTION ON BIOLOGICAL DIVERSITY

Preamble

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 attach 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

su stainable use of biolog ical di versity and affirm ing 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 biological diversity,

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 investments,

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 components, and

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 micro-organism

communities and their non-living environment interacting as a functional unit.

"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 value.

"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 distinctive properties.

"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 distinctive properties.

"Protected area" means a geographically defined area which is designated or

regulated and managed to achieve specific conservation objectives.

"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 long-term 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

a)

In the case of components of biological diversity, in areas within the limits

of its national jurisdiction; and

b)

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 and

capabilities

a)

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

(b) 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

a)

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;

(b) Monitor, through sampling and other techniques, the components of

biological diversity identified pursuant to subparagraph (a) above, paying particular

attention to those requiring urgent conservation measures and those which offer the

greatest potential for sustainable use;

(c) 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

(d) 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

a)

Establish a system of protected areas or areas where special measures need

to be taken to conserve biological diversity;

b)

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;

c)

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;

d)

Promote the protection of ecosystems, natural habitats and the maintenance

of viable populations of species in natural surroundings;

e)

Promote environmentally sound and sustainable development in areas

adjacent to protected areas with a view to furthering protection of these areas;

f)

Rehabilitate and restore degraded ecosystems and promote the recovery of

threatened species, inter alia, through the development and implementation of plans

or other management strategies;

g)

Establish or maintain means to regulate, manage or control 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;

h)

Prevent the introduction of, control or eradicate those alien species which

threaten ecosystems, habitats or species;

i) Endeavour to provide the conditions needed for compatibility between present

uses and the conservation of biological diversity and the sustainable use of its

components;

j)

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;

k)

Develop or maintain necessary legislation and/or other regulatory provisions

for the protection of threatened species and populations;

l)

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

m) Cooperate in providing financial and other support for in-situ conservation

outlined in subparagraphs (a) to (l) above, particularly to developing countries.

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

a)

Adopt measures for the ex-situ conservation of components of biological

diversity, preferably in the country of origin of such components;

b)

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;

c)

Adopt measures for the recovery and rehabilitation of threatened species and

for their reintroduction into their natural habitats under appropriate conditions;

d)

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

e)

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

a)

Integrate consideration of the conservation and sustainable use of biological

resources into national decision-making;

b)

Adopt measures relating to the use of biological resources to avoid or

minimize adverse impacts on biological diversity;

c)

Protect and encourage customary use of biological resources in accordance

with traditional cultural practices that are compatible with conservation or

sustainable use requirements;

d)

Support local populations to develop and implement remedial action in

degraded areas where biological diversity has been reduced; and

e)

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

countries, shall

a)

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;

b)

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

c)

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 resources.

Article 13. Public Education and Awareness

The Contracting Parties shall

a)

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

b)

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

a)

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;

b)

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;

c)

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, as appropriate;

d)

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

e)

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.

2. 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

1. Recognizing the sovereign rights of States over their natural resources, the

authority to determine acc ess to genetic r esources r ests with the nat io nal

governments and is subject to national legislation.

2. 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.

3. 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 or origin of such

resources or by the Parties that have acquired the genetic resources in accordance

with this Convention.

4. Access, where granted, shall be on 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 determined by that

Party.

In these regulations, unless the context otherwise requires

"the Act" means the Environment Protection Act;

"competent authority" means the Environment and Resources

Authority as prescribed by the Nomination of Competent Authority

Order, and such other body or person as the Minister responsible

for the Environment may by order in the Gazette prescribe and

different bodies or persons may be designated as the competent

authority for different provisions and different purposes of these

regulations.

The competent authority shall be responsible for the

administration and implementation of these regulations.

The Convention on Biological Diversity done at Rio de

Janeiro on the fifth of June, 1992, shall form part of the Laws of

Malta.

The text of the said Convention on Biological Diversity

appears in the Schedule which is being published in the English

language with the English text of these regulations.

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 Parties.

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 i n a fair and equitable w ay the results of researc h 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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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

1. 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.

2. 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 tra ditional

knowledge as such and in combination with the technologies referred to in Article

16, paragraph 1. It shall also, where feasible, include repatriation of information.

Article 18. Technical and Scientific Cooperation

1. 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.

2. 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 building.

3. 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.

4. 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.

5. 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

1. 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 Parties.

2. 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.

3. 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.

4. 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

1. 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.

2. 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.

3. 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 channels.

4. 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 Parties.

5. 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.

6. 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.

7. 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

1. There shall be a mechanism for the provision of financial resources to

de ve lo p i ng co u nt r y P a r ti e s f o r pu r p ose s o f t h is C on v e n t io n on a gr a nt o r

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 2.

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.

2. 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 utilizaiton 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.

3. 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.

4. 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

1. 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 biological diversity.

2. 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

1. 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.

2. 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.

3. 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 by the Secretariat. At each ordinary meeting, it

shall adopt a budget for the financial period until the next ordinary meeting.

4. The Conference of the Parties shall keep under review the implementation of

this Convention, and, for this purpose, shall

a)

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;

b)

Review scientific, technical and technological advice on biological diversity

provided in accordance with Article 25;

c)

Consider and adopt, as required, protocols in accordance with Article 28;

d)

Consider and adopt, as required, in accordance with Articles 29 and 30,

amendments to this Convention and its annexes;

e)

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

concerned;

f)

Consider and adopt, as required, in accordance with Article 30, additional

annexes to this Convention;

g)

Establish such subsidiary bodies, particularly to provide scientific and

te chnica l a dvice , as a re d ee med nec ess ary for the imple mentatio n o f t hi s

Convention;

h)

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

i)

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.

5. 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

a)

To arrange for and service meetings of the Conference of the Parties

provided for in Article 23;

b)

To perform the functions assigned to it by any protocol;

c)

To prepare reports on the execution of its functions under this Convention

and present them to the Conference of the Parties;

d)

To coordinate 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

e)

To perform such other functions as may be determined by the Conference of

the Parties.

2)

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 Advice

1. 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.

2. Under the authority of and in accordance with guidelines laid down by the

Conference of the Parties, and upon its request, this body shall

a)

Provide scientific and technical assessments of the status of biological

diversity;

b)

Prepare scientific and technical assessments of the effects of types of

measures taken in accordance with the provisions of this Convention;

c)

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 such

technologies;

d)

Provide advice on scientific programmes and international cooperation in

research and development related to conservation and sustainable use of biological

diversity; and

e)

Respond to scientific, technical, technological and methodological questions

that the Conference of the Parties and its subsidiary bodies may put to the body.

3. 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

1. 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.

2. If the parties concerned cannot reach agreement by negotiation, they may

jointly seek the good offices of, or request mediation by, a third party.

3. When ratifying, accepting, approving or acceding to this Convention, or at

any time thereafter, a Sate 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

a)

Arbitration in accordance with the procedure laid down in Part 1 of Annex

II;

b)

Submission of the dispute to the International Court of Justice.

4. If the parties to the dispute have not, in accordance with paragraph 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 protocol concerned.

Article 28. Adoption of Protocols

1. The Contracting Parties shall cooperate in the formulation and adoption of

protocols to this Convention.

2. Protocols shall be adopted at a meeting of the Conference of the Parties.

3. 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

1. Amendments to this Convention may be proposed by any Contracting Party.

Amendments to any protocol may be proposed by any Party to that protocol.

2. Amendments to this Convention shall be adopted at a meeting of the

Conference of the Parties. Amendments to any protocol shall be adopted at a meeting

of the Parties to the Protocol 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.

3. 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.

4. 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

amendments.

5. For the purposes of this Article, "Parties present and voting" means Parties

present and casting an affirmative and negative vote.

Article 30. Adoption and Amendment of Annexes

1. 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.

2. 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

a)

Annexes to this Convention or to any protocol shall be proposed and

accepted according to the procedure laid down in Article 29;

b)

Any Party that is unable to approve an additional annex to this Convention

or an annex to any protocol to which it is 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 to annexes 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 into force.

Article 31. Right to Vote

1. Except as provided for in paragraph 2 below, each Contracting Party to this

Convention or to any protocol shall have one vote.

2. 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

1. 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.

2. 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

1. 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.

2. 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.

3. 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

1. This Convention and any protocol shall be open for accession by States any

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 Depositary.

2. 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.

3. 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

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. 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.

3. For each Contracting Party which ratifies, accepts or approves this

Convention or accedes thereto after the deposit of the thirtieth instrument of

ratification, acceptance, approval or 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.

4. 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.

5. 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

1. 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.

2. Any such withdrawal shall take place upon expiry on 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.

3. 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 the 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. Depository

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, on thousand nine hundred and

ninety-two.

ANNEX I

IDENTIFICATION AND MONITORING

1. 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;

2. Species and communities which are: threatened; wild relative 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

3. Described genomes and genes of social, scientific or economic importance.

ANNEX II

Part 1

ARBITRATIONS

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

1. 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, not have his or her usual place of residence in the territory

of one of these parties, not be employed by any of them, nor have dealt with the case

in any other capacity.

2. In disputes between more than two parties, parties in the same interest shall

appoint one arbitrator jointly by agreement.

3. Any vacancy shall be filled in the manner prescribed for the initial

appointment.

Article 3

1. 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.

2. 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 disposal, shall

a)

Provide it will all relevant documents, information and facilities; and

b)

Enable it, when necessary, to call witnesses or experts and receive their

evidence.

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 counter claims 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 of 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 same interest 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 two-month period.

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 period.

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 faith.

Article 6

A disagreement as to whether the conciliation commission has competence shall

be decided by the commission.