(Unless otherwise indicated, the declarations were made
upon ratification, accession, acceptance, approval or succession.)
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Argentina
Argentina Declaration:
The Argentine Government considers that this Convention represents a step forward in that it establishes among its objectives the sustainable use of biological diversity. Likewise, the definitions contained in article 2 and other provisions of the Convention indicate that the terms "genetic resources", "biological resources" and "biological material" do not include the human genome. In accordance with the commitments entered into in the Convention, the Argentine Nation will pass legislation on the conditions of access to biological resources and the ownership of future rights and benefits arising from them. The Convention is fully consistent with the principles established in the "Agreement on trade-related aspects of intellectual property rights", including trade in counterfeit goods, contained in the Final Act of the Uruguay Round of GATT. |
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Austria
Austria Declaration:
"The Republic of Austria declares in accordance with article 27, paragraph 3 of the Convention that it accepts both of the means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting an obligation concerning one or both of these means of dispute settlement." |
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Chile
Chile Declaration:
The Government of Chile, on ratifying the Convention on Biological Diversity of 1992, wishes to place on record that the pine tree and other species that the country exploits as one of its forestry resources are considered exotic and are not taken to fall within the scope of the Convention. |
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Cuba
Cuba Declaration:
The Government of the Republic of Cuba declares, with respect to article 27 of the Convention on Biological Diversity, that as far as the Republic of Cuba is concerned, disputes that arise between Parties concerning the interpretation or applica- tion of this international legal instrument shall be settled by negotiation through the diplomatic channel or, failing that, by arbitration in accordance with the procedure laid down in Annex II on arbitration of the Convention. |
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European Union
European Union Declaration:
"Within their respective competence, the European Community and its Member States wish to reaffirm the importance they attach to transfers of technology and to biotechnology in order to ensure the conservation and sustainable use of biological diversity. The compliance with intellectual property rights constitutes an essential element for the implementation of policies for technology transfer and co-investment. For the European Community and its member States, transfers of technology and access to biotechnology, as defined in the text of the Convention on Biological Diversity, will be carried out in accordance with article 16 of the said Convention and in compliance with the principles and rules of protection of intellectual property, in particular multilateral and bilateral agreements signed or negotiated by the Contracting Parties to this Convention. The European Community and its Member States will encourage the use of the financial mechanism established by the Convention to promote the voluntary transfer of intellectual property rights held by European operators, in particular as regards the granting of licences, through normal commercial mechanisms and decisions, while ensuring adequate and effective protection of property rights." |
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France
France Upon signature:
Declaration:
With reference to article 3, that it interprets that article as a guiding principle to be taken into account in the implementation of the Convention; With reference to article 21, paragraph 1, that the decision taken periodically by the Conference of the Parties concerns the "amount of resources needed" and that no provision of the Convention authorizes the Conference of the Parties to take decisions concerning the amount, nature or frequency of the contributions from Parties to the Convention. Upon ratification:
Declaration:
With reference to article 3, that it interprets that article as a guiding principle to be taken into account in the implementation of the Convention; The French Republic reaffirms its belief in the importance of the transfer of technology and biotechnology in guaranteeing the protection and long-term utilization of biological diversity. Respect for intellectual property rights is an essential element of the implementation of policies for technology transfer and co-investment. The French Republic affirms that the transfer of technology and access to biotechnology, as defined in the Convention on Biological Diversity, will be implemented according to article 16 of that Convention and with respect for the principles and rules concerning the protection of intellectual property, including multilateral agreements signed or negotiated by the Contracting Parties to the present Convention. The French Republic will encourage recourse to the financial mechanism established by the Convention for the purpose of promoting the voluntary transfer of intellectual property rights under French ownership, inter alia , as regards the granting of licences, by traditional commercial decisions and mechanisms while ensuring the appropriate and effective protection of property rights. With reference to article 21, paragraph 1, the French Republic considers that the decisiontaken periodically by the Conference of the Parties concerns the "amount of resources needed" and that no provision of the Convention authorizes the Conference of the Parties to take decisions concerning the amount, nature or frequency of the contributions from Parties to the Convention. 31 August 2016
Upon its ratification of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, the French Republic reiterated its declaration made upon its ratification of the Convention on Biological Diversity.
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Georgia
Georgia Declaration:
"The Republic of Georgia will use both means for dispute settlement referred to in the Convention:
1. Arbitral consideration in accordance with the procedure given in the enclosure II, Part I. 2. Submitting of disputes to the International Court." |
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Ireland
Ireland Declaration:
"Ireland wishes to reaffirm the importance it attaches to transfers of technology and to biotechnology in order to ensure the conservation and sustainable use of biological diversity. The compliance with intellectual property rights constitutes an essential element for the implementation of policies for technology transfer and co-investment. For Ireland, transfers of technology and access to biotechnology, as defined in the text of the Convention on Biological Diversity and in compliance with the principles and rules of protection of intellectual property, in particular multilateral and bilateral agreements signed or negotiated by the contracting parties to this Convention. Ireland will encourage the use of the financial mechanism established by the Convention to promote the voluntary transfer of intellectual property rights held by Irish operators, in particular as regards the granting of licences, through normal commercial mechanisms and decisions, while ensuring adequate and effective protection of property rights." |
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Italy
Italy Declaration made upon signature and confirmed upon ratification:
"The Italian Government [. . .] declares its understanding that the decision to be taken by the Conference of the Parties under article 21.1 of the Convention refers to the `amount of resources needed' by the financial mechanism, not to the extent or nature and form of the contributions of the Contracting Parties." |
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Latvia
Latvia Declaration:
"The Republic of Latvia declares in accordance with article 27 paragraph 3 of the Convention that it accepts both the means of dispute settlement mentioned in this paragraph as compulsory." |
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Liechtenstein
Liechtenstein Declaration:
"The Principality of Liechtenstein wishes to reaffirm the importance it attaches to transfers of technology and to biotechnology in order to ensure the conservation and sustainable use of biological diversity. The compliance with intellectual property rights constitutes an essential element for the implementation of policies for technology transfer and co-investment. For the Principality of Liechtenstein, transfers of technology and access to biotechnology, as defined in the text of the [said] Convention, will be carried out in accordance with article 16 of the said Convention and in compliance with the principles and rules of protection of intellectual property, in particular multilateral and bilateral agreements signed or negotiated by the Contracting Parties to this Convention. The Principality of Liechtenstein will encourage the use of the financial mechanism established by the Convention to promote the voluntary transfer of intellectual property rights held by Liechtenstein operators, in particular as regards the granting of licenses, through normal commercial mechanisms and decisions, while ensuring adequate and effective protection of property rights." |
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Netherlands (Kingdom of the)
Netherlands (Kingdom of the) 4 June 2015
“The Kingdom of the Netherlands declares, in accordance with paragraph 3 of Article 27 of the Convention on Biological Diversity, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”
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Papua New Guinea
Papua New Guinea Declaration:
"The Government of the Independent State of Papua New Guinea declares its understanding that ratification of the Con- vention shall in no way constitute a renunciation of any rights under International Law concerning State responsibility for the adverse effects of Biological Diversity as derogating from the principles of general International Law." |
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Sudan
Sudan Understanding:
"With respect to the principle stipulated in article 3, the Government of the Sudan agrees with the spirit of the article and interprets it to mean that no state is responsible for acts that take place outside its control even if they fall within its judicial jurisdiction and may cause damage to the environment of other states or of areas beyond the limits of national judicial jurisdiction." "The Sudan also sees as regards article 14 (2), that the issue of liability and redress for damage to biological diversity should not form a priority to be tackled by the Agreement as there is ambiguity regarding the essence and scope of the studies to be carried out, in accordance with the above-mentioned article. The Sudan further believes that any such studies on liability and redress should shift towards effects of areas such as biotechnology products, environmental impacts, genetically modified organisms and acid rains." |
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Switzerland
Switzerland Upon signature:
Declaration:
The Swiss Government wishes to emphasize particularly the progress made in establishing standard terms for cooperation between States in a very important field: research activities and activities for the transfer of technology relevant to resources from third countries.
The important provisions in question create a platform for even closer cooperation with public research bodies or institutions in Switzerland and for the transfer of technologies available to governmental or public bodies, particularly universities and various publicly-funded research and development centres. It is our understanding that genetic resources acquired under the procedure specified in article 15 and developed by private research institutions will be the subject of programmes of cooperation, joint research and the transfer of technology which will respect the principles and rules for the protection of intellectual property. These principles and rules are essential for research and private investment, in particular in the latest technologies, such as modern biotechnology which requires substantial financial outlays. On the basis of this interpretation, the Swiss Government wishes to indicate that it is ready, at the opportune time, to take the appropriate general policy measures, particularly under articles 16 and 19, with a view to promoting and encouraging cooperation, on a contractual basis, between Swiss firms and the private firms and governmental bodies of other Contracting Parties. With regard to financial cooperation, Switzerland interprets the provisions of articles 20 and 21 as follows: the resources to be committed and the management system will have regard, in an equitable manner, to the needs and interests of the developing countries and to the possibilities and interests of the developed countries.
Upon ratification:
Declaration:
Switzerland wishes to reaffirm the importance it attaches to transfers of technology and to biotechnology in order to ensure the conservation and sustainable use of biological diversity The compliance with intellectual property rights constitutes an essential element for the implementation of policies for technology transfer and co-investment. For Switzerland, transfers of technology and access to biotechnology, as defined in the text of the Convention on Biological Diversity, will be carried out in accordance with article 16 of the said Convention and in compliance with the principles and rules of protection of intellectual property, in particular multilateral and bilateral agreements signed or negotiated by the Contracting Parties to this Convention. Switzerland will encourage the use of the financial mechanism established by the Convention to promote the voluntary transfer of intellectual property rights held by Swiss operators, in particular as regards the granting of licences, through normal commercial mechanisms and decisions, while ensuring adequate and effective protection of property rights. |
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Syrian Arab Republic
Syrian Arab Republic Upon signature:
Declaration:
It is being understood that the signing of this Convention shall not constitute recognition of Israel or leading to any inter- course with it. |
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United Kingdom of Great Britain and Northern Ireland
United Kingdom of Great Britain and Northern Ireland Declaration made upon signature and confirmed upon ratification:
The Government of the United Kingdom of Great Britain and Northern Ireland declare their understanding that article 3 of the Convention sets out a guiding principle to be taken into account in the implementation of the Convention. The Government of the United Kingdom of Great Britain and Northern Ireland also declare their understanding that the decisions to be taken by the Conference of the Parties under paragraph 1 of article 21 concern "the amount of resources needed" by the financial mechanism, and that nothing in article 20 or 21 authorises the Conference of the Parties to take decisions concerning the amount, nature, frequency or size of the contributions of the Parties under the Convention. |
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End Note
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1. For the purpose of entry into force of the [Convention/Protocol] , any instrument of ratification, acceptance, approval or accession deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that Organization.
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2. On 28 June 1999, the Government of Portugal informed the Secretary-General the the Convention would also apply to Macau.
Subsequently, the Secretary-General received the following communications on the dates indicated hereinafter:
Portugal (9 December 1999):
“In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999.
From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macau."
China (15 December 1999):
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau (hereinafter referred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999. Macau will, from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defense affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
In this connection, [the Government of the People's Republic of China informs the Secretary-General of the following]:
The Convention on Biological Diversity, done at Nairobi on 5 June 1992 (hereinafter referred to as the "Convention"), to which the Government of the People's Republic of China deposited the instrument of ratification on 5 January 1993, will apply to the Macau Special Administrative Region with effect from 20 December 1999.
The Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Convention to the Macau Special Administrative Region.
China (Declaration of 9 May 2011):
In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Convention applies to the Hong Kong Special Administrative Region of the People's Republic of China.
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3. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
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4. On 4 June 1999: for the Netherlands Antilles and Aruba
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5. See note 1 under “former Yugoslavia” and note 1 under “Yugoslavia” in the “Historical Information” section in the front matter of this volume.
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6. In respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey, the British Virgin Islands, the Cayman Islands, Gibraltar, St. Helena and St. Helena Dependencies.
On 8 May 2012, the Secretary-General received the following communication:
“… The Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom’s ratification of the [Convention on Biological Diversity] to be extended to the following territory for whose international relations the United Kingdom is responsible:
Isle of Man
The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the aforesaid Convention to the Isle of Man to enter into force on the ninetieth day after the deposit of this notification [i.e. on 6 August 2012].”
On 27 March 2015, the Secretary-General received the following communication:
"... the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom's Ratification of the Convention be extended to the territory of South Georgia and South Sandwich Islands for whose international relations the United Kingdom is responsible.
The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Convention to South Georgia and South Sandwich Islands to enter into force from the day of deposit of this notification ..."
On 14 July 2015, the Secretary-General received the following communication:
“Upon instructions from my Government, I have the honor to address you, in your capacity as depositary of the Convention on Biological Diversity, in order to refer to the note sent to you by the United Kingdom of Great Britain and Northern Ireland on 27 March 2015 regarding the attempt of that country to apply the Convention to the South Georgias and South Sandwich Islands.
The Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, are integral part of the national territory of the Argentine Republic and, being illegitimately occupied by the United Kingdom of Great Britain and Northern Ireland, are subject to a sovereignty dispute recognized by the United Nations and other international fora and organizations.
The illegitimate occupation of the United Kingdom of Great Britain and Northern Ireland led the United Nations General Assembly to adopt resolutions 2065(XX), 3169 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which it recognized the existence of a sovereignty dispute regarding the question of the Malvinas islands and calls on the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations with a view to finding, as soon as possible, a peaceful, just and lasting solution to the dispute. The United Nations Special Committee on Decolonization has made repeated statements to the same effect, the most recently by means of the resolution adopted on 25 June 2015.
Therefore, the Argentine Republic objects and rejects the attempt of the United Kingdom of Great Britain and Northern Ireland to apply the Convention on Biological Diversity to the South Georgias and South Sandwich lslands.
The Argentine Republic recalls that the Convention, adopted in Rio de Janeiro on 5 June 1992, is applicable to the Malvinas, South Georgias and South Sandwich Islands because they are integral part of the territory of the Argentine Republic, as a result of the ratification made by the Argentine Government on 22 November 1994.
The Argentine Republic reaffirms its sovereignty rights over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas.
The Argentine Republic should be grateful if you, acting as a depositary of the Convention, would register this statement, notify the Parties and Contracting Parties and distribute it as document of the Organization among its Member States.”
On 29 June 2016, the Secretary-General received the following communication:
"… the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom's Ratification of the Convention be extended to the following territory:
Falkland Islands
for whose international relations the United Kingdom is responsible.
The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Convention to the territory of the Falkland Islands to enter into force on the date of deposit of this notification…"
On 22 July 2016, the Secretary-General received a communication from the Argentine Republic relating to the territorial application by the United Kingdom of Great Britain and Northern Ireland in respect of Falkland Islands (Malvinas).
See C.N.566.2016.TREATIES-XXVII.8 dated 29 July 2016 for the text of the above-mentioned communication.
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7. On 9 July 2014, the Secretary-General received from the Government of Spain the following communication with regard to the Territorial Application by the United Kingdom of Great Britain and Northern Ireland to Gibraltar:
1. Gibraltar is a Non-Self-Governing Territory for whose international relations the Government of the United Kingdom is responsible and which is subject to a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly.
2. The authorities of Gibraltar are local in character, and exercise competences exclusively over internal affairs that originate in and are based on the powers allocated to and conferred on them by the United Kingdom, in accordance with its domestic legislation and in its capacity as the sovereign State upon which depends the said Non-Self-Governing Territory.
3. Consequently, any involvement by the Gibraltarian authorities in the implementation of this Convention shall be understood to take place exclusively within the framework of the internal affairs of Gibraltar and shall not be considered to affect in any way the content of the two preceding paragraphs.
4. The procedure envisaged in the Arrangements relating to Gibraltar authorities in the context of certain international treaties, which were agreed to by Spain and the United Kingdom on 19 December 2007 (together with "Agreed Arrangements relating to Gibraltar authorities in the context of European Union and European Community Instruments and Related Treaties" of 19 April 2000) applies to the present Convention.
5. The application to Gibraltar of the present Convention cannot be interpreted as recognition of any rights or situations involving matters not included in Article 10 of the Treaty of Utrecht of 13 July 1713, signed bythe crowns of Spain and Great Britain.
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