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CBD

The Convention on Biological Diversity

Number of parties: 187

Theme: Biological Diversity

Abstract: Signed by 150 government leaders at the 1992 Rio Earth Summit, the Convention on Biological Diversity is dedicated to promoting sustainable development. Conceived as a practical tool for translating the ...more »

URL: Visit convention website

Entry into force: 23-Dec-1993

  • Click on the article title to expand and see its contents
    • Preamble
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    • Article 1. Objectives
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      Technology Transfer
      Biological Diversity
      Conservation
      Sustainable Use and Wise Management
      Access and Benefit Sharing
      Access to genetic resources
      Benefit-Sharing

    • Article 2. Use of Terms
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      • 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 Diversity
      • 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. Genetic Resources
      • Biotechnology means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use. Biotechnology
      • "Country of origin of genetic resources" means the country which possesses those genetic resources in in-situ conditions. in situ
        Genetic Resources
      • "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 ... in situ
        Genetic Resources
      • "Ecosystem" means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit. Ecosystems
      • "Ex-situ conservation" means the conservation of components of biological diversity outside their natural habitats. ex situ
      • "Genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity. Genetic Resources
      • "Genetic resources" means genetic material of actual or potential value. Genetic Resources
      • "Habitat" means the place or type of site where an organism or population naturally occurs. Ecosystems
      • "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
      • "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, Conservation
        in situ
      • "Protected area" means a geographically defined area which is designated or regulated and managed to achieve specific conservation objectives. Protected Areas
      • "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. Regional Economic Integration Organization
      • "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 Sustainable Development
        Sustainable Use and Wise Management
      • "Technology" includes biotechnology. Biotechnology
    • Article 3. Principle
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      • 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. Preventive Principle (Rio Principle 2)
        State Sovereignty
    • Article 4. Jurisdictional Scope
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      • 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
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      • 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. International Cooperation and Coordination
    • Article 6. General Measures for Conservation and Sustainable Use
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      • 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 National Plans
        Biological Diversity
      • (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. National Plans
        Biological Diversity
    • Article 7. Identification and Monitoring
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    • Article 8. In-situ Conservation
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      in situ

    • Article 9. Ex-situ Conservation
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    • Article 10. Sustainable Use of Components of Biological Diversity
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    • Article 11. Incentive Measures
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    • Article 12. Research and Training
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    • Article 13. Public Education and Awareness
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    • Article 14. Impact Assessment and Minimizing Adverse Impacts
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    • Article 15. Access to Genetic Resources
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      Access to genetic resources

    • Article 16. Access to and Transfer of Technology
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      • 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. Technology Transfer
        Biotechnology
        Genetic Resources
        Technology
      • 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. Technology Transfer
        Intellectual Property
        Developing Countries
        Technology
      • 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. Technology Transfer
        Intellectual Property
        Developing Countries
        National Regulation and Legislation
        Mutually Agreed Terms
        Technology
        National Policies and Measures
      • 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. Technology Transfer
        Research and Development
        Developing Countries
        Private Sector and Commerce
        Technology
      • 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. Intellectual Property
        International Cooperation and Coordination
        Technology
    • Article 17. Exchange of Information
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    • Article 18. Technical and Scientific Cooperation
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    • Article 19. Handling of Biotechnology and Distribution of its Benefits
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    • Article 20. Financial Resources
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      • 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 amd programmes. Financial provisions
        Financial resources
        National Plans
        National Policies and Measures
      • 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 fulfill 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 of adequacy, predictability and timely flow of funds and the importance of burden-sharing among the contributing Parties included in the list. Financing and Budget
        Financial provisions
        Financial resources
        Economies in Transition
        Developed Countries
      • 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. Financial provisions
        Developing Countries
        Developed Countries
      • 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. Sustainable Development
        Financing and Budget
        Financial provisions
        Financial resources
        Technology Transfer
        Poverty Alleviation
        Developed Countries
      • 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. Financial resources
        Technology Transfer
        Special situation and needs of the vulnerable
      • 6. 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. Special circumstances of countries
      • 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. Special circumstances of countries
        Special situation and needs of the vulnerable
    • Article 21. Financial Mechanism
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      • 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. Financial Mechanism
      • 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. De-listing
        Financial provisions
      • 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. Financial Mechanism
        Review
      • 4. The Contracting Parties shall consider strengthening existing financial institutions to provide financial resources for the conservation and sustainable use of biological diversity. Financial Mechanism
    • Article 22. Relationship with Other International Conventions
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      • 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. Treaty Law
        Relationship between Instruments
      • 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. Relationship between Instruments
    • Article 23. Conference of the Parties
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    • Article 24. Authentic texts
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      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
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    • Article 26. Reports
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      • 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. National Reporting
    • Article 27. Settlement of Disputes
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      • 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. Settlement of Disputes
      • 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. Settlement of Disputes
      • 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 and paragraph 2 above, it accpets one or both of the following means of dispute settlement as compulsory: Settlement of Disputes
      • (a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II; Settlement of Disputes
      • (b) Submission of the dispute to the International Court of Justice. Settlement of Disputes
      • 4. If the parties to the dispute have not, in accordance with paragaph 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. Settlement of Disputes
      • 5. The provisions of this Article shall apply with respect to any protocol except as otherwise provided in the protocol concerned. Settlement of Disputes
    • Article 28. Adoption of Protocols
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      • 1. The Contracting Parties shall cooperate in the formulation and adoption of protocols to this Convention. Protocol
      • 2. Protocols shall be adopted at a meeting of the Conference of the Parties. Protocol
      • 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. Protocol
    • Article 29. Amendment of the Convention or Protocols
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      • 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. Secretariat
        Meeting of the Parties to the Conference of the Parties
      • 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. Amendment procedures
      • 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. Acceptance
        Approval
        Entry into force
        Ratification
        Adjustment Procedure
        Amendment procedures
      • 5. For the purposes of this Article, "Parties present and voting" means Parties present and casting an affirmative or negative vote. Adjustment Procedure
        Amendment procedures
    • Article 30. Adoption and Amendment of Annexes
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      Listing or Amendments to Annexes
      Adjustment Procedure

      • 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. Listing or Amendments to Annexes
        Adjustment Procedure
      • 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:
      • (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;
      • (a) Annexes to this Convention or to any protocol shall be proposed and adopted according to the procedure laid down in Article 29;
      • (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
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      • 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. Regional Economic Integration Organization
    • Article 32. Relationship between this Convention and Its Protocols
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    • Article 33. Signature
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      • 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. Entry into force
        Ratification
        Signature
    • Article 34. Ratification, Acceptance or Approval
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      Regional Economic Integration Organization

      • 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
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      • 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. Accession
      • 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 extend 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
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      • 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. Entry into force
        Ratification
      • 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. Accession
        Acceptance
        Approval
        Entry into force
        Ratification
      • 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. Accession
        Acceptance
        Approval
        Entry into force
        Ratification
      • 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. Accession
        Acceptance
        Approval
        Entry into force
        Ratification
      • 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. Accession
        Acceptance
        Approval
        Entry into force
        Ratification
    • Article 37. Reservations
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      • No reservations may be made to this Convention.
    • Article 38. Withdrawals
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      • 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. Withdrawal
      • 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. 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 Withdrawal
    • Article 39. Financial Interim Arrangements
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      • 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 Relationship between Instruments
        Financial Mechanism
    • Article 40. Secretariat Interim Arrangements
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      • 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. Secretariat
        Conference of the Parties (COP)
    • Article 41. Depositary
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    • Article 42. Authentic texts
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      • 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. Depositary
      • 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.