/* Written  7:06 am  Jun 24, 1992 by unced in cdp:en.unced.docum */
/* ---------- "Convention on Biodiversity" ---------- */
From: UNCED 
Subject: Convention on Biodiversity

CONVENTION ON BIOLOGICAL DIVERSITY




UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP)


Na.92-7807


                    CONVENTION ON BIOLOGICAL DIVERSITY

                                5 JUNE 1992


                    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 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 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 access to
genetic resources rests with the national 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 of 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.

6.   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.

7.   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

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 traditional 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 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 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 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.

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 of 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 technical advice, as are deemed
necessary for the implementation of this 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 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:

     (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 or
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 adopted 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 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 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 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.

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.  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.


                                 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
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

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


                                Annex II

                                  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

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, 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.

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 with 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 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
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.


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