CONVENTION ON BIOLOGICAL DIVERSITY
5 JUNE 1992
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
5 JUNE 1992
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
