CHAPTER XXVII

ENVIRONMENT8Convention on Biological DiversityRio de Janeiro, 5 June 1992Entry into force29 December 1993, in accordance with article 36(1).Registration29 December 1993, No. 30619StatusSignatories168Parties1931TextUnited Nations, <i>Treaty Series </i>, vol. 1760, p. 79; and depositary notification C.N.329.1996.TREATIES-2 of 18 March 1996 (procès-verbal of rectification of the authentic Arabic text).The Convention was adopted by the Intergovernmental Negotiating Committee for a Convention on Biological Diversity, during its Fifth session, held at Nairobi from 11 to 22 May 1992. The Convention was open for signature at Rio de Janeiro by all States and regional economic integration organizations from 5 June 1992 until 14 June 1992, and remained open at the United Nations Headquarters in New York until 4 June 1993.

ParticipantSignatureRatification, Accession(a), Acceptance(A), Approval(AA), Succession(d)Afghanistan12 Jun 1992 19 Sep 2002 Albania 5 Jan 1994 aAlgeria13 Jun 1992 14 Aug 1995 Angola12 Jun 1992 1 Apr 1998 Antigua and Barbuda 5 Jun 1992 9 Mar 1993 Argentina12 Jun 1992 22 Nov 1994 Armenia13 Jun 1992 14 May 1993 AAustralia 5 Jun 1992 18 Jun 1993 Austria13 Jun 1992 18 Aug 1994 Azerbaijan12 Jun 1992 3 Aug 2000 AABahamas12 Jun 1992 2 Sep 1993 Bahrain 9 Jun 1992 30 Aug 1996 Bangladesh 5 Jun 1992 3 May 1994 Barbados12 Jun 1992 10 Dec 1993 Belarus11 Jun 1992 8 Sep 1993 Belgium 5 Jun 1992 22 Nov 1996 Belize13 Jun 1992 30 Dec 1993 Benin13 Jun 1992 30 Jun 1994 Bhutan11 Jun 1992 25 Aug 1995 Bolivia (Plurinational State of)13 Jun 1992 3 Oct 1994 Bosnia and Herzegovina26 Aug 2002 aBotswana 8 Jun 1992 12 Oct 1995 Brazil 5 Jun 1992 28 Feb 1994 Brunei Darussalam28 Apr 2008 aBulgaria12 Jun 1992 17 Apr 1996 Burkina Faso12 Jun 1992 2 Sep 1993 Burundi11 Jun 1992 15 Apr 1997 Cambodia 9 Feb 1995 aCameroon14 Jun 1992 19 Oct 1994 Canada11 Jun 1992 4 Dec 1992 Cape Verde12 Jun 1992 29 Mar 1995 Central African Republic13 Jun 1992 15 Mar 1995 Chad12 Jun 1992 7 Jun 1994 Chile13 Jun 1992 9 Sep 1994 China<superscript>2</superscript>11 Jun 1992 5 Jan 1993 Colombia12 Jun 1992 28 Nov 1994 Comoros11 Jun 1992 29 Sep 1994 Congo11 Jun 1992 1 Aug 1996 Cook Islands12 Jun 1992 20 Apr 1993 Costa Rica13 Jun 1992 26 Aug 1994 Côte d'Ivoire10 Jun 1992 29 Nov 1994 Croatia11 Jun 1992 7 Oct 1996 Cuba12 Jun 1992 8 Mar 1994 Cyprus12 Jun 1992 10 Jul 1996 Czech Republic 4 Jun 1993 3 Dec 1993 AADemocratic People's Republic of Korea11 Jun 1992 26 Oct 1994 AADemocratic Republic of the Congo11 Jun 1992 3 Dec 1994 Denmark12 Jun 1992 21 Dec 1993 Djibouti13 Jun 1992 1 Sep 1994 Dominica 6 Apr 1994 aDominican Republic13 Jun 1992 25 Nov 1996 Ecuador 9 Jun 1992 23 Feb 1993 Egypt 9 Jun 1992 2 Jun 1994 El Salvador13 Jun 1992 8 Sep 1994 Equatorial Guinea 6 Dec 1994 aEritrea21 Mar 1996 aEstonia12 Jun 1992 27 Jul 1994 Ethiopia10 Jun 1992 5 Apr 1994 European Union13 Jun 1992 21 Dec 1993 AAFiji 9 Oct 1992 25 Feb 1993 Finland 5 Jun 1992 27 Jul 1994 AFrance13 Jun 1992 1 Jul 1994 Gabon12 Jun 1992 14 Mar 1997 Gambia12 Jun 1992 10 Jun 1994 Georgia 2 Jun 1994 aGermany12 Jun 1992 21 Dec 1993 Ghana12 Jun 1992 29 Aug 1994 Greece12 Jun 1992 4 Aug 1994 Grenada 3 Dec 1992 11 Aug 1994 Guatemala13 Jun 1992 10 Jul 1995 Guinea12 Jun 1992 7 May 1993 Guinea-Bissau12 Jun 1992 27 Oct 1995 Guyana13 Jun 1992 29 Aug 1994 Haiti13 Jun 1992 25 Sep 1996 Honduras13 Jun 1992 31 Jul 1995 Hungary13 Jun 1992 24 Feb 1994 Iceland10 Jun 1992 12 Sep 1994 India 5 Jun 1992 18 Feb 1994 Indonesia 5 Jun 1992 23 Aug 1994 Iran (Islamic Republic of)14 Jun 1992 6 Aug 1996 Iraq28 Jul 2009 aIreland13 Jun 1992 22 Mar 1996 Israel11 Jun 1992 7 Aug 1995 Italy 5 Jun 1992 15 Apr 1994 Jamaica11 Jun 1992 6 Jan 1995 Japan13 Jun 1992 28 May 1993 AJordan11 Jun 1992 12 Nov 1993 Kazakhstan 9 Jun 1992 6 Sep 1994 Kenya11 Jun 1992 26 Jul 1994 Kiribati16 Aug 1994 aKuwait 9 Jun 1992 2 Aug 2002 Kyrgyzstan 6 Aug 1996 aLao People's Democratic Republic20 Sep 1996 aLatvia11 Jun 1992 14 Dec 1995 Lebanon12 Jun 1992 15 Dec 1994 Lesotho11 Jun 1992 10 Jan 1995 Liberia12 Jun 1992 8 Nov 2000 Libya29 Jun 1992 12 Jul 2001 Liechtenstein 5 Jun 1992 19 Nov 1997 Lithuania11 Jun 1992 1 Feb 1996 Luxembourg 9 Jun 1992 9 May 1994 Madagascar 8 Jun 1992 4 Mar 1996 Malawi10 Jun 1992 2 Feb 1994 Malaysia12 Jun 1992 24 Jun 1994 Maldives12 Jun 1992 9 Nov 1992 Mali30 Sep 1992 29 Mar 1995 Malta12 Jun 1992 29 Dec 2000 Marshall Islands12 Jun 1992 8 Oct 1992 Mauritania12 Jun 1992 16 Aug 1996 Mauritius10 Jun 1992 4 Sep 1992 Mexico13 Jun 1992 11 Mar 1993 Micronesia (Federated States of)12 Jun 1992 20 Jun 1994 Monaco11 Jun 1992 20 Nov 1992 Mongolia12 Jun 1992 30 Sep 1993 Montenegro<superscript>3</superscript>23 Oct 2006 dMorocco13 Jun 1992 21 Aug 1995 Mozambique12 Jun 1992 25 Aug 1995 Myanmar11 Jun 1992 25 Nov 1994 Namibia12 Jun 1992 16 May 1997 Nauru 5 Jun 1992 11 Nov 1993 Nepal12 Jun 1992 23 Nov 1993 Netherlands<superscript>4</superscript> 5 Jun 1992 12 Jul 1994 ANew Zealand12 Jun 1992 16 Sep 1993 Nicaragua13 Jun 1992 20 Nov 1995 Niger11 Jun 1992 25 Jul 1995 Nigeria13 Jun 1992 29 Aug 1994 Niue28 Feb 1996 aNorway 9 Jun 1992 9 Jul 1993 Oman10 Jun 1992 8 Feb 1995 Pakistan 5 Jun 1992 26 Jul 1994 Palau 6 Jan 1999 aPanama13 Jun 1992 17 Jan 1995 Papua New Guinea13 Jun 1992 16 Mar 1993 Paraguay12 Jun 1992 24 Feb 1994 Peru12 Jun 1992 7 Jun 1993 Philippines12 Jun 1992 8 Oct 1993 Poland 5 Jun 1992 18 Jan 1996 Portugal<superscript>2</superscript>13 Jun 1992 21 Dec 1993 Qatar11 Jun 1992 21 Aug 1996 Republic of Korea13 Jun 1992 3 Oct 1994 Republic of Moldova 5 Jun 1992 20 Oct 1995 Romania 5 Jun 1992 17 Aug 1994 Russian Federation13 Jun 1992 5 Apr 1995 Rwanda10 Jun 1992 29 May 1996 Samoa12 Jun 1992 9 Feb 1994 San Marino10 Jun 1992 28 Oct 1994 Sao Tome and Principe12 Jun 1992 29 Sep 1999 Saudi Arabia 3 Oct 2001 aSenegal13 Jun 1992 17 Oct 1994 Serbia 8 Jun 1992 1 Mar 2002 Seychelles10 Jun 1992 22 Sep 1992 Sierra Leone12 Dec 1994 aSingapore10 Mar 1993 21 Dec 1995 Slovakia19 May 1993 25 Aug 1994 AASlovenia13 Jun 1992 9 Jul 1996 Solomon Islands13 Jun 1992 3 Oct 1995 Somalia11 Sep 2009 aSouth Africa 4 Jun 1993 2 Nov 1995 Spain13 Jun 1992 21 Dec 1993 Sri Lanka10 Jun 1992 23 Mar 1994 St. Kitts and Nevis12 Jun 1992 7 Jan 1993 St. Lucia28 Jul 1993 aSt. Vincent and the Grenadines 3 Jun 1996 aSudan 9 Jun 1992 30 Oct 1995 Suriname13 Jun 1992 12 Jan 1996 Swaziland12 Jun 1992 9 Nov 1994 Sweden 8 Jun 1992 16 Dec 1993 Switzerland12 Jun 1992 21 Nov 1994 Syrian Arab Republic 3 May 1993 4 Jan 1996 Tajikistan29 Oct 1997 aThailand12 Jun 1992 31 Oct 2003 The former Yugoslav Republic of Macedonia 2 Dec 1997 aTimor-Leste10 Oct 2006 aTogo12 Jun 1992 4 Oct 1995 ATonga19 May 1998 aTrinidad and Tobago11 Jun 1992 1 Aug 1996 Tunisia13 Jun 1992 15 Jul 1993 Turkey11 Jun 1992 14 Feb 1997 Turkmenistan18 Sep 1996 aTuvalu 8 Jun 1992 20 Dec 2002 Uganda12 Jun 1992 8 Sep 1993 Ukraine11 Jun 1992 7 Feb 1995 United Arab Emirates11 Jun 1992 10 Feb 2000 United Kingdom of Great Britain and Northern Ireland<superscript>5</superscript>12 Jun 1992 3 Jun 1994 United Republic of Tanzania12 Jun 1992 8 Mar 1996 United States of America 4 Jun 1993 Uruguay 9 Jun 1992 5 Nov 1993 Uzbekistan19 Jul 1995 aVanuatu 9 Jun 1992 25 Mar 1993 Venezuela (Bolivarian Republic of)12 Jun 1992 13 Sep 1994 Viet Nam28 May 1993 16 Nov 1994 Yemen12 Jun 1992 21 Feb 1996 Zambia11 Jun 1992 28 May 1993 Zimbabwe12 Jun 1992 11 Nov 1994 ArgentinaDeclaration: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.AustriaDeclaration:"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."ChileDeclaration: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.CubaDeclaration: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.European UnionDeclaration:"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."FranceUpon 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, <i>inter alia </i>, 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.GeorgiaDeclaration:"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."IrelandDeclaration:"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."ItalyDeclaration 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."LatviaDeclaration:"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."LiechtensteinDeclaration:"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."Papua New GuineaDeclaration:"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."SudanUnderstanding:"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."SwitzerlandUpon 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.Syrian Arab RepublicUpon 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.United Kingdom of Great Britain and Northern IrelandDeclaration 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.1For 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.2On 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: <i>Portugal (9 December 1999): </i> “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." <i>China (15 December 1999): </i> 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 Decer 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. <i>China (Declaration of 9 May 2011):</i> 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.3See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.4On 4 June 1999: for the Netherlands Antilles and Aruba5In 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].”