Convention on Biological Diversity

Access to genetic resources and the fair and equitable sharing of the benefits arising out of their utilization

V/26

The Conference of the Parties,

Invites the World Trade Organization to acknowledge relevant provisions of the Convention and to take into account the fact that the provisions of the Agreement on Trade-related Aspects of Intellectual Property Rights and the Convention on Biological Diversity are interrelated and to further explore this interrelationship;

Requests the Executive Secretary to transmit the present decision to the secretariats of the World Trade Organization and the World Intellectual Property Organization, for use by appropriate bodies of these organizations, and to endeavour to undertake further cooperation and consultation with these organizations;

Renews its request to the Executive Secretary of the Convention to apply for observer status on the Council for the Trade-related Aspects of Intellectual Property Rights, and requests him to report back to the Conference of the Parties on his efforts.

VI/24

Access and benefit-sharing as related to genetic resources

1.These Guidelines may serve as inputs when developing and drafting legislative, administrative or policy measures on access and benefit-sharing with particular reference to provisions under Articles 8(j), 10 (c), 15, 16 and 19; and contracts and other arrangements under mutually agreed terms for access and benefit-sharing.

The present Guidelines are voluntary and were prepared with a view to ensuring their:

a.Voluntary nature: they are intended to guide both users and providers of genetic resources on a voluntary basis;

9.All genetic resources and associated traditional knowledge, innovations and practices covered by the Convention on Biological Diversity and benefits arising from the commercial and other utilization of such resources should be covered by the guidelines, with the exclusion of human genetic resources.

12.The Guidelines are intended to assist Parties in developing an overall access and benefit-sharing strategy, which may be part of their national biodiversity strategy and action plan, and in identifying the steps involved in the process of obtaining access to genetic resources and sharing benefits.

13.Each Party should designate one national focal point for access and benefit-sharing and make such information available through the clearing-house mechanism. The national focal point should inform applicants for access to genetic resources on procedures for acquiring prior informed consent and mutually agreed terms, including benefit-sharing, and on competent national authorities, relevant indigenous and local communities and relevant stakeholders, through the clearing-house mechanism.

Recognizing that Parties and stakeholders may be both users and providers, the following balanced list of roles and responsibilities provides key elements to be acted upon:

In the implementation of mutually agreed terms, users should:

i.Seek informed consent prior to access to genetic resources, in conformity with Article 15, paragraph 5, of the Convention;

d.Contracting Parties with users of genetic resources under their jurisdiction should take appropriate legal, administrative, or policy measures, as appropriate, to support compliance with prior informed consent of the Contracting Party providing such resources and mutually agreed terms on which access was granted. These countries could consider, inter alia, the following measures:

i.Mechanisms to provide information to potential users on their obligations regarding access to genetic resources;

ii.Measures to encourage the disclosure of the country of origin of the genetic resources and of the origin of traditional knowledge, innovations and practices of indigenous and local communities in applications for intellectual property rights;

iii.Measures aimed at preventing the use of genetic resources obtained without the prior informed consent of the Contracting Party providing such resources;

iv.Cooperation between Contracting Parties to address alleged infringements of access and benefit-sharing agreements;

v.Voluntary certification schemes for institutions abiding by rules on access and benefit-sharing;

vi.Measures discouraging unfair trade practices;

vii.Other measures that encourage users to comply with provisions under subparagraph ?16 (b) above.

24.As provided for in Article 15 of the Convention on Biological Diversity, which recognizes the sovereign rights of States over their natural resources, each Contracting Party to the Convention shall endeavour to create conditions to facilitate access to genetic resources for environmentally sound uses by other Contracting Parties and fair and equitable sharing of benefits arising from such uses. In accordance with Article 15, paragraph 5, of the Convention on Biological Diversity, access to genetic resources shall be subject to prior informed consent of the contracting Party providing such resources, unless otherwise determined by that Party.

25.Against this background, the Guidelines are intended to assist Parties in the establishment of a system of prior informed consent, in accordance with Article 15, paragraph 5, of the Convention.

The following elements could be considered as guiding parameters in contractual agreements. These elements could also be considered as basic requirements for mutually agreed terms:

c.Provision for the use of intellectual property rights include joint research, obligation to implement rights on inventions obtained and to provide licences by common consent;

d.The possibility of joint ownership of intellectual property rights according to the degree of contribution.

The Conference of the Parties

1.Invites Parties and Governments to encourage the disclosure of the country of origin of genetic resources in applications for intellectual property rights, where the subject matter of the application concerns or makes use of genetic resources in its development, as a possible contribution to tracking compliance with prior informed consent and the mutually agreed terms on which access to those resources was granted;

2.Also invites Parties and Governments to encourage the disclosure of the origin of relevant traditional knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity in applications for intellectual property rights, where the subject matter of the application concerns or makes use of such knowledge in its development;

3.Requests the Executive Secretary, with the help of other international and intergovernmental organizations such as the World Intellectual Property Organization and through the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions of the Convention, where appropriate, to undertake further information gathering and analysis with regard to:

a.Impact of intellectual property regimes on access to and use of genetic resources and scientific research;

b.Role of customary laws and practices in relation to the protection of genetic resources and traditional knowledge, innovations and practices, and their relationship with intellectual property rights;

c.Consistency and applicability of requirements for disclosure of country of origin and prior informed consent in the context of international legal obligations;

d.Efficacy of country of origin and prior informed consent disclosures in assisting the examination of intellectual property rights applications and the re-examination of intellectual property rights granted;

e.Efficacy of country of origin and prior informed consent disclosures in monitoring compliance with access provisions;

f.Feasibility of an internationally recognized certificate of origin system as evidence of prior informed consent and mutually agreed terms; and

g.Role of oral evidence of prior art in the examination, granting and maintenance of intellectual property rights;

8.Invites other relevant international organizations (such as the Food and Agriculture Organization of the United Nations, the United Nations Conference on Trade and Development, the World Intellectual Property Organization, the World Trade Organization, and the United Nations Commission on Human Rights), as well as regional organizations, Parties and Governments to contribute to the further study and analysis of the issues specified in paragraphs 3 and 4;

The Conference of Parties,

The relationship between the Agreement on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization and the Convention on Biological Diversity

Noting that the provisions of the Agreement on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization and the Convention on Biological Diversity are interrelated,Noting also that the relationship between the Agreement on Trade-related Aspects of Intellectual Property Rights and the Convention on Biological Diversity is being examined by the Council for Trade-related Aspects of Intellectual Property Rights, in conformity with Article 19 of the Doha WTO Ministerial Declaration, adopted in November 2001,Noting further that the Convention Secretariat has still not been granted observer status on the Council for Trade-related Aspects of Intellectual Property Rights, notwithstanding the official request of the Executive Secretary to the Director-General of the World Trade Organization in a letter dated 4 July 2000,

1.Requests the Executive Secretary of the Convention to renew the application for observer status on the Council for Trade-related Aspects of Intellectual Property Rights, and to report back to the Conference of Parties on his efforts;

2.Requests the Executive Secretary to follow discussions and developments in the Committee on Trade and Environment of the World Trade Organization and the Council for Trade-related Aspects of Intellectual Property Rights regarding the relationship between the Agreement on Trade-related Aspects of Intellectual Property Rights and the Convention;

3.Acknowledges relevant work being carried out by other intergovernmental organisations, such as the World Intellectual Property Organization, the World Trade Organization, the Union for the Protection of New Varieties of Plants, the United Nations Conference on Trade and Development, and the Food and Agriculture Organization of the United Nations, on issues related to access to genetic resources and benefit-sharing;

4.Requests the Executive Secretary to further collaborate with the above relevant organisations to ensure mutual supportiveness and avoid duplication of work;

VII/19

Access and benefit-sharing as related to genetic resources (Article 15)

The Conference of the Parties,

Noting further the ongoing activities and processes in relevant international forums such as the World Intellectual Property Organization, the TRIPs Council of the World Trade Organization, and the Commission on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organization of the United Nations acting as the Interim Committee for the International Treaty on Plant and Genetic Resources for Food and Agriculture, regarding measures to support compliance with prior informed consent,

Invites Parties and Governments to continue taking appropriate and practical measures to support compliance with prior informed consent of the Contracting Parties providing such resources, including countries of origin, in accordance with Article 2 and Article 15, paragraph 3, of the Convention, and of the indigenous and local communities providing associated traditional knowledge, and with mutually agreed terms on which access was granted. Such measures may include:

(b)Incentive measures, as referred to in paragraph 51 of the Bonn Guidelines, to encourage users to comply with national legislation, including prior informed consent and mutually agreed terms, such as publicly sponsored research grants and voluntary certification schemes;

(d)Aspects related to the import and export of genetic resources, including regulations when feasible and as appropriate;

Invites Parties to establish national mechanisms to ensure compliance, when required by domestic law, with the obtaining of prior informed consent of indigenous and local communities regarding access to genetic resources and associated traditional knowledge;

Adopts the Action Plan on Capacity-building for Access to Genetic Resources and Benefit-sharing annexed to this decision;

Capacities should be strengthened at the systemic, institutional and individual levels in the following key areas:

(m)Development of awareness with respect to conventions, norms and policies relating to intellectual property rights and trade and their interrelationship with genetic resources and traditional knowledge;

VIII/4

Access and benefit-sharing

The Conference of the Parties,

Noting discussions regarding disclosure of origin/source/legal provenance in intellectual property rights applications in the World Intellectual Property Organization and in the Doha Work Programme of the World Trade Organization,

Requests the Executive Secretary to renew the application for accreditation of the Convention on Biological Diversity as an observer at the Council on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization.

X/1

Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

The Conference of the Parties,

Decides to adopt 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 Protocol) as set out in annex I to the present decision;

14/20

Digital sequence information on genetic resources

The Conference of the Parties,

Recognizes the importance of digital sequence information on genetic resources for the three objectives of the Convention which are mutually supportive, although further work is needed to provide conceptual clarity on digital sequence information on genetic resources;

Recognizes that access to and use of digital sequence information on genetic resources contributes to scientific research as well as to other non-commercial and commercial activities in areas such as biological diversity, food security and human, animal and plant health;

Decides to establish an extended Ad Hoc Technical Expert Group,¹ including the participation of indigenous peoples and local communities, and requests the Executive Secretary, subject to the availability of resources:¹The Ad Hoc Technical Expert Group will be convened in accordance with the modus operandi of the Subsidiary Body on Scientific, Technical and Technological Advice, except that there will be five experts nominated by each of the five regions.

(a)To compile and synthesize the views and information submitted pursuant to paragraphs 9 and 10 above;

(b)To commission a science-based peer-reviewed fact-finding study on the concept and scope of digital sequence information on genetic resources and how digital sequence information on genetic resources is currently used building on the existing fact-finding and scoping study;²²Fact-Finding and Scoping Study on Digital Sequence Information on Genetic Resources in the Context of the Convention on Biological Diversity and the Nagoya Protocol (CBD/DSI/AHTEG/2018/1/3).

(c)To commission a peer-reviewed study on ongoing developments in the field of traceability of digital information, including how traceability is addressed by databases, and how these could inform discussions on digital sequence information on genetic resources;

(d)To commission a peer reviewed study on public and, to the extent possible, private databases of digital sequence information on genetic resources, including the terms and conditions on which access is granted or controlled, the biological scope and the size of the databases, numbers of accessions and their origin, governing policies, and the providers and users of the digital sequence information on genetic resources and encourages the owners of private databases to provide the necessary information;

(e)To commission a peer-reviewed study on how domestic measures address benefit-sharing arising from commercial and non-commercial use of digital sequence information on genetic resources and address the use of digital sequence information on genetic resources for research and development, taking into account the submissions provided in paragraph 9;

Article 8(j) and related provisions

V/16

Article 8(j) and related provisions

The Conference of the Parties,

Recognizes the potential importance of sui generis and other appropriate systems for the protection of traditional knowledge of indigenous and local communities and the equitable sharing of benefits arising from its use to meet the provisions of the Convention on Biological Diversity, taking into account the ongoing work on Article 8(j) and related provisions, and transmits its findings to the World Trade Organization and the World Intellectual Property Organization, as suggested in paragraph 6 (b) of recommendation 3 of the Inter-Sessional Meeting on the Operations of the Convention (UNEP/CBD/COP/5/4, annex);

VI/10

Article 8(j) and related provisions

The Conference of the Parties,

Also requests the Executive Secretary to continue to compile information provided by Parties and Governments relating to existing national legislation and other measures for the protection of traditional knowledge, innovations and practices;

Invites the World Trade Organization and the World Intellectual Property Organization to make available to the Executive Secretary information referred to in paragraph 35 above provided through their respective notification systems;

Encourages Parties and Governments, where they have not already done so, to take measures to establish or improve operational links between their national governmental intellectual-property bodies, national focal points of the Convention on Biological Diversity, and indigenous and local communities and their organizations in order to better coordinate and institute measures to protect their traditional knowledge, innovations and practices relevant to the conservation and sustainable use of biological diversity, particularly with regard to traditional-knowledge documentation initiatives and community-based registries of traditional knowledge;

Invites Parties and Governments to encourage the disclosure of the origin of relevant traditional knowledge, innovations and practices of indigenous and local communities relevant to the conservation and sustainable use of biological diversity in applications for intellectual property rights, where the subject matter of the application concerns or makes use of such knowledge in its development;

Urges Parties and Governments to examine, as appropriate, relevant provisions of the Convention on Biological Diversity with respect to prior informed consent and mutually agreed terms where traditional knowledge is used in its original form or in the development of new products and/or new applications;

Invites Parties and Governments, with the assistance of the World Intellectual Property Organization, to take into account traditional knowledge in the examination of novelty and inventive step in patent applications;

VII/16

Article 8(j) and related provisions

The Conference of the Parties

Noting that a mix of defensive and positive measures, taking into account both proprietary and non-proprietary aspects, may be necessary for the protection of traditional knowledge, innovations and practices relevant for the conservation and sustainable use of biological diversity,

Emphasizing that any sui generis system for the protection of traditional knowledge, innovations and practices needs to be developed taking into consideration customary law and practices with the full and effective involvement and participation of concerned indigenous and local communities,

Recognizing the need for continued collaboration with other relevant organizations working on issues related to the protection of traditional knowledge, innovations and practices, such as the World Intellectual Property Organization (WIPO), the Permanent Forum on Indigenous Issues (PFII), the World Health Organization (WHO) and the Food and Agriculture Organization of the United Nations (FAO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Conference on Trade and Development (UNCTAD) and the World Trade Organization (WTO) to ensure mutual supportiveness and avoid duplication of efforts,

Invites Parties and Governments to consider appropriate measures, with the full and effective participation of indigenous and local communities, to implement at local, national, subregional, regional and international levels sui generis systems and other new innovative mechanisms that ensure the protection of traditional knowledge, innovations and practices taking into consideration customary law and traditional practices;

VIII/5

Article 8(j) and related provisions

The Conference of the Parties,

Acknowledges the ongoing discussions in the World Trade Organization to examine, inter alia, the relationship between the Agreement on Trade-related Aspects of Intellectual Property Rights and the Convention on Biological Diversity and the protection of traditional knowledge;

14/12

The Rutzolijirisaxik Voluntary Guidelines for the Repatriation of Traditional Knowledge of Indigenous Peoples and Local Communities Relevant for the Conservation and Sustainable Use of Biological Diversity

The Conference of the Parties,

1.Adopts the Rutzolijirisaxik Voluntary Guidelines for the Repatriation of Traditional Knowledge of Indigenous Peoples and Local Communities Relevant for the Conservation and Sustainable Use of Biological Diversity;

2.Invites Parties and other Governments, relevant organizations, and entities holding, storing or housing collections of traditional knowledge and related or complementary information, as well as indigenous peoples and local communities, and other stakeholders:

(a)To use the Rutzolijirisaxik Voluntary Guidelines, as appropriate, in their efforts to repatriate and restore traditional knowledge relevant for conservation and sustainable use of biological diversity to the original knowledge holders, and where applicable, to facilitate the equitable sharing of benefits arising from the use of traditional knowledge, in particular through mutually agreed terms;

(b)To promote the Rutzolijirisaxik Voluntary Guidelines through educational and awareness-raising activities, as appropriate;

(c)To make available through the Traditional Knowledge Information Portal and the clearing-house mechanism, where appropriate, best practices, lessons learned and good examples and benefits of repatriation of traditional knowledge relevant for conservation and sustainable use of biological diversity, and the fair and equitable sharing of benefits, including community-to-community exchanges and, where appropriate, through other knowledge sharing platforms;

(d)To report on experiences gained in using the Rutzolijirisaxik Voluntary Guidelines and, with a view to promote international, regional and bilateral cooperation, share best practices on relevant measures, where they exist, relating to repatriation of traditional knowledge, including repatriation of traditional knowledge shared across borders, through national reports, the clearing-house mechanism and the Traditional Knowledge Information Portal² as a contribution to reporting on progress in the implementation of Article 8(j) and related provisions to the Subsidiary Body on Implementation and the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions at their next meetings and to invite Parties, other Governments and organizations to mobilize resources to finance the above mentioned activities;²The Traditional Knowledge Portal, available at https://www.cbd.int/tk/default.shtml, is part of the clearing-house mechanism of the Convention on Biological Diversity.

3.Invites the United Nations Educational, Scientific and Cultural Organization to take into account the Rutzolijirisaxik Voluntary Guidelines;

4.Requests the Executive Secretary, in collaboration with relevant organizations, to support and facilitate, as appropriate, efforts made towards the use of the Rutzolijirisaxik Voluntary Guidelines.

14/17

Integration of Article 8(j) and provisions related to indigenous peoples and local communities in the work of the Convention and its Protocols

The Conference of the Parties,

1.Decides to complete the current programme of work on Article 8(j) and related provisions no later than the fifteenth meeting of the Conference of the Parties;

2.Also decides to consider the development of a fully integrated programme of work on Article 8(j) and related provisions within the post-2020 biodiversity framework, to allow for the full and effective participation of indigenous peoples and local communities in the work of the Convention, on the basis of achievements to date, taking into account the ongoing and postponed tasks of Parties, also taking into account the 2030 Agenda for Sustainable Development and its goals,² the Paris Agreement³ under the United Nations Framework Convention on Climate Change, and gaps identified;²See General Assembly resolution 70/1, entitled “Transforming our world: the 2030 Agenda for Sustainable Development”.³United Nations, Treaty Series, Registration No. I-54113.

3.Invites Parties to gather experience in the implementation of the guidelines and standards related to Article 8(j) and related provisions at the national level and, in the light of those experiences, to consider the need for further work on these issues in the development of a fully integrated programme of work;

Technology transfer and scientific and technological cooperation

IX/14

Technology transfer and cooperation

The Conference of the Parties

Recalling Article 16 paragraphs 2, 3 and 5 of the Convention, invites relevant international organizations and initiatives, research institutions at all levels, and non-governmental organizations, to undertake further research on the role of intellectual property rights in technology transfer in the context of the Convention, such as:

(d)Further examination by relevant international organizations of the overall trends in the application of the flexibilities provided by the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs);

Mainstreaming and incentive measures

VI/15

Incentive measures

The Conference of the Parties

2.Endorses the proposals for the design and implementation of incentive measures and the recommendations for further cooperation on incentive measures, contained respectively in annexes I and II to the present decision, as far as they are consistent with Parties' national policies and legislation as well as their international obligations;

In general terms, incentive measures should be designed to address the conservation and sustainable use of biological diversity, while taking into account:

d.The measures' relationship to existing international agreements.

The following elements should be taken into consideration in the design and implementation of incentive measures for the conservation and sustainable use of biological diversity:

36.The following are guidelines for selecting appropriate and complementary measures:

a.Any decision-making process for selecting appropriate and complementary measures should take into account the specific circumstances of the country involved;

b.It is important to consider the context in which the incentive measure is being introduced to assist final decision-making on a particular measure or measures;

c.A key consideration in the design of an incentive measure is the recognition that a single measure will often not suffice to address the complexities involved in decisions on biodiversity conservation or sustainable use, and that a mix of measures may be needed;

d.Equity considerations, such as poverty alleviation, should be given a prominent role in the design and selection of appropriate incentive measures;

e.The implementation of incentive measures should not result in a significant increase in the cost of living and/or increase in government revenue;

f.The size of the country's economy is an important factor in the selection of financial incentive measures;

g.Well defined land and property rights are an important factor in the design and implementation of incentive measures in the conservation of biological diversity and the promotion of sustainable use;

h.Positive incentives can influence decision-making by recognizing and rewarding activities that are carried out for conservation and sustainable use purposes;

i.The removal of perverse incentives eases pressure on the environment. The identification of both internal and external perverse incentives and other threats to biodiversity conservation and to the promotion of sustainable use, is essential to the selection and design of incentive measures. The removal of perverse incentives may improve economic efficiency and reduce fiscal expenditures;

j.Disincentives continue to be an important tool for ensuring the conservation and sustainable use of biological diversity and can be used in combination with positive incentives.

VII/2

The biological diversity of dry and sub-humid lands

The Conference of the Parties

2.Adopts the proposal prepared by the Executive Secretary for the further refinement of the programme of work and suggesting collaborating partners as indicated in the annex to the present decision;

(d)Market development

VII/11

Ecosystem approach

The Conference of the Parties

3.Welcomes the implementation guidelines and annotations to rationale as outlined in annex I to the present decision and calls on parties and other governments to implement the ecosystem approach, keeping in mind that in applying the ecosystem approach, all principles need to be considered, with appropriate weight given to each, in accordance with local conditions, and keeping in mind also that the implementation of the ecosystem approach and all principles need to be considered as voluntary instruments and should be adapted to local conditions and implemented in accordance with national legislation;

Any such ecosystem-management programme should:

(a)Reduce those market distortions that adversely affect biological diversity;

(b)Align incentives to promote biodiversity conservation and sustainable use;

(c)Internalize costs and benefits in the given ecosystem to the extent feasible.

Rationale

The greatest threat to biological diversity lies in its replacement by alternative systems of land use. This often arises through market distortions, which undervalue natural systems and populations and provide perverse incentives and subsidies to favour the conversion of land to less diverse systems. Often those who benefit from conservation do not pay the costs associated with conservation and, similarly, those who generate environmental costs (e.g. pollution) escape responsibility. Alignment of incentives allows those who control the resource to benefit and ensures that those who generate environmental costs will pay.

VII/12

Sustainable Use (Article 10)

The Conference of the Parties,

1.Adopts the Addis Ababa Principles and Guidelines for the Sustainable Use of Biodiversity, as contained in annex II to the present decision;¹¹The implementation of this programme of work should not provide incentives that negatively affect the biodiversity of other countries.

2.Invites Parties, other Governments and relevant organizations to initiate a process for the implementation of the Addis Ababa Principles and Guidelines, in accordance with Article 10 of the Convention which provides that Contracting Parties undertake specified actions as far as possible, and as appropriate, at the national and local levels, and in line with Article 6 of the Convention on Biological Diversity, taking into account obligations under other international agreements and conventions and existing frameworks for sustainable use of components of biodiversity, including the concept of sustainable forest management, e.g., by developing pilot projects, with a view to:

(a)Integrating and mainstreaming the Addis Ababa Principles and Guidelines into a range of measures including policies, programmes, national legislation and other regulations, sectoral and cross-sectoral plans and programmes addressing consumptive and non consumptive use of components of biological diversity, including plans and programmes addressing the removal or mitigation of perverse incentives that undermine the conservation and sustainable use of biodiversity, as deemed necessary by individual Parties; and

(b)Gathering and disseminating through the clearing-house mechanism and other means relevant information on experiences and lessons learned for the further improvement of the guidelines;

Practical principle 3

International, national policies, laws and regulations that distort markets which contribute to habitat degradation or otherwise generate perverse incentives that undermine conservation and sustainable use of biodiversity, should be identified and removed or mitigated.¹¹

¹¹See principle 4 of the ecosystem approach.

Rationale

Some policies or practices induce unsustainable behaviours that reduce biodiversity, often as unanticipated side effects as they were initially designed to attain other objectives. For example, some policies that encourage domestic over production often generate perverse incentives that undermine the conservation and sustainable use of biological diversity. Eliminating subsidies that contribute to illegal, unreported and unregulated fishing and to over-capacity, as required by the WSSD Plan of Implementation in order to achieve sustainable fisheries, is a further instance of the recognition of the need to remove perverse incentives.

Operational guidelines

Identify economic mechanisms, including incentive systems and subsidies at international, national levels that are having a negative impact on the potential sustainability of uses of biological diversity;Remove those systems leading to market distortions that result in unsustainable uses of biodiversity components;Avoid unnecessary and inadequate regulations of uses of biological diversity because they can increase costs, foreclose opportunities, and encourage unregulated uses thus decreasing the sustainability of the use.

Practical principle 13

The costs of management and conservation of biological diversity should be internalized within the area of management and reflected in the distribution of the benefits from the use.¹⁵

¹⁵See the operational guideline for the application of the ecosystem approach (decision v/6, annex, section C, para. 11).

Rationale

The management and conservation of natural resources incurs costs. If these costs are not adequately covered then management will decline and the amount and value of the natural resources may also decline. It is necessary to ensure that some of the benefits from use flow to the local natural resource management authorities so that essential management to sustain the resources is maintained. Such benefits may be direct, such as entrance fees from visitors to a national park paid directly to, and retained by, the park management authority or indirect, such as stumpage tax revenue from timber harvesting paid by loggers that flows through a national treasury to a local forest service. In some cases licence fees for fishing rights are paid directly to the management authority, or to the national treasury.

Operational guidelines

Ensure that national policies do not provide subsidies that mask true costs of management;Ensure that harvest levels and quotas are set according to information provided by the monitoring system, not the economic needs of the management system;Provide guidelines for resource managers to calculate and report the real cost of management in their business plans;Create other alternative mechanisms to invest revenues from biodiversity management;Provide economic incentives for managers who have already internalized environmental costs, e.g., certification to access new markets, waiver or deferral of taxes in lieu of environmental investment, promotion of “green-labelling” for marketing.

VII/28

Protected areas (Articles 8 (a) to (e))

The Conference of the Parties

1.Confirms that efforts to establish and maintain systems of protected areas and areas where special measures need to be taken to conserve biological diversity in line with Article 8 on in situ conservation and other relevant articles of the Convention, are essential for achieving, in implementing the ecosystem approach, the three objectives of the Convention and thus contributing to achieving the 2010 target contained in the Strategic Plan of the Convention and in the Plan of Implementation of the World Summit on Sustainable Development, and to achieve sustainable development and the attainment of the Millennium Development Goals;

18.Adopts the programme of work on protected areas annexed to the present decision with the objective of the establishment and maintenance by 2010 for terrestrial and by 2012 for marine areas of comprehensive, effectively managed, and ecologically representative national and regional systems of protected areas that collectively, inter alia through a global network⁴ contribute to achieving the three objectives of the Convention and the 2010 target to significantly reduce the current rate of biodiversity loss;⁴A global network provides for the connections between Parties, with the collaboration of others, for the exchange of ideas and experiences, scientific and technical cooperation, capacity building and cooperative action that mutually support national and regional systems of protected areas which collectively contribute to the achievement of the programme of work. This network has no authority or mandate over national or regional systems.

21.Urges concerned Parties, individually and collectively, to take further steps in curbing the illegal exploitation and trade of resources, particularly from existing protected areas and from areas of ecological importance for biodiversity conservation;

3.1.2.Conduct national-level assessments of the contributions of protected areas¸ considering as appropriate environmental services, to the country’s economy and culture, and to the achievement of the Millennium Development Goals at the national level; and integrate the use of economic valuation and natural resource accounting tools into national planning processes in order to identify the hidden and non-hidden economic benefits provided by protected areas and who appropriates these benefits.

3.1.3.Harmonize sectoral policies and laws to ensure that they support the conservation and effective management of the protected area system.

3.1.5.Identify and remove perverse incentives and inconsistencies in sectoral policies that increase pressure on protected areas, or take action to mitigate their perverse effects. Whenever feasible, redirect these to positive incentives for conservation.

3.1.6.Identify and establish positive incentives that support the integrity and maintenance of protected areas and the involvement of indigenous and local communities and stakeholders in conservation.

3.1.7.Adopt legal frameworks to national, regional and sub-national protected areas systems of countries where appropriate.

3.1.9.Identify and foster economic opportunities and markets at local, national and international levels for goods and services produced by protected areas and/or reliant on the ecosystem services that protected areas provide, consistent with protected area objectives and promote the equitable sharing of the benefits.

VIII/25

Incentive measures: application of tools for valuation of biodiversity and biodiversity resources and functions

The Conference of the Parties,

1.Takes note of the options for the application of tools for valuation of biodiversity and biodiversity resources and functions annexed to the present decision;

2.Invites Parties and other Governments to take, in accordance with their national policies and legislation, their capacity, and taking into account other international instruments, these options into consideration as possible inputs for analysis when considering, on a voluntary basis, the application of methods for assessing the changes of the value of biodiversity resources and functions, and associated ecosystem services, that result from their decision-making, including through pilot projects;

VIII/26

Incentive measures: preparation for the in-depth review of the programme of work on incentive measures

The Conference of the Parties to the Convention on Biological Diversity,

Recognizing that positive incentive measures, can influence decision-making by recognizing and rewarding activities that are carried out for the conservation and sustainable use of biological diversity, and are important in achieving the objectives of the Convention and the 2010 biodiversity target, when such positive incentive measures are targeted, flexible, transparent, appropriately monitored and adapted to local conditions,

Noting that policy guidance on incentive mechanisms developed under the Convention is voluntary and should be applied in accordance with national law, taking into account other international instruments,

X/44

Incentive measures

The Conference of the Parties

Invites Parties and other Governments to foster, as appropriate, implementation of sustainable consumption and production patterns for the conservation and sustainable use of biodiversity, both in the public and the private sector, including through business and biodiversity initiatives, procurement policies that are in line with the objectives of the Convention, and development of methods to promote science-based information on biodiversity in consumer and producer decisions, consistent and in harmony with the Convention and other relevant international obligations;

X/2

The Strategic Plan for Biodiversity 2011-2020 and the Aichi Biodiversity Targets

Target 3: By 2020, at the latest, incentives, including subsidies, harmful to biodiversity are eliminated, phased out or reformed in order to minimize or avoid negative impacts, and positive incentives for the conservation and sustainable use of biodiversity are developed and applied, consistent and in harmony with the Convention and other relevant international obligations, taking into account national socio‑economic conditions.

XI/30

Incentive measures

The Conference of the Parties

Noting the considerable analytical work that has already been undertaken on harmful incentives by international organizations and initiatives such as the United Nations Environment Programme, the Organisation for Economic Cooperation and Development, the International Union for Conservation of Nature, and the World Trade Organization:

Invites Parties and other Governments to develop and apply tools to identify incentives that are harmful for biodiversity, as well as methods to monitor progress towards Aichi Biodiversity Target 3, using the relevant indicator of the strategy for resource mobilization (decision X/3, paragraph 7, indicator 13);

Emphasizes that conducting studies for the identification of incentives, including subsidies, harmful for biodiversity need not delay immediate policy action in cases where candidates for elimination, phase out or reform are already known, taking into account national socio-economic conditions;

Encourages Parties and invites other Governments to take appropriate action in these cases, in the form of elimination or initiation of phase out or reform, taking into account national socio-economic conditions, including by seizing opportunities arising within the review cycles of existing sectoral policies, both at national and regional levels;

Invites Parties, other Governments and relevant international organizations to submit to the Executive Secretary information on obstacles encountered in implementing options identified for eliminating, phasing out or reforming incentives that are harmful for biodiversity;

Notes the support of international organizations and initiatives, including, among others, the Global Mechanism of the United Nations Convention to Combat Desertification, the United Nations Conference on Trade and Development, the United Nations Development Programme, the United Nations Environment Programme, the World Bank and its Global Partnership for Wealth Accounting and the Valuation of Ecosystem Services, the World Trade Organization, the Organisation for Economic Co-operation and Development, and the International Union for Conservation of Nature, to efforts at the global, regional and national levels in identifying and eliminating, phasing out or reforming incentives that are harmful to biodiversity, in promoting positive incentives for the conservation and sustainable use of biodiversity, consistent and in harmony with the Convention and other relevant international obligations, and in assessing and mainstreaming the values of biodiversity and associated ecosystem services, and invites these and other relevant organizations and initiatives to continue and further intensify this work, including continued support for capacity-building at the national level;

XII/3

Resource mobilization

The Conference of the Parties,

21.Adopts the milestones, as contained in annex I to the present decision, as a flexible framework for the full implementation of Aichi Biodiversity Target 3, in a manner that is consistent and in harmony with the Convention and other relevant international obligations, taking into account national socioeconomic conditions;

22.Invites Parties to report progress in achieving these milestones, as well as any additional milestones and timelines established at the national level, through their national reports or, as appropriate, through the online reporting framework on implementing the Strategic Plan for Biodiversity 2011-2020 and the Aichi Biodiversity Targets;

Annex I

Milestones for the full implementation of Aichi Biodiversity Target 3

Milestones and associated timelines:

1.By 2015: Development and inclusion of a national target reflecting Aichi Biodiversity Target 3 in revised national biodiversity strategies and the inclusion of pertinent action items in revised national biodiversity action plans.Action items may include:

(a)Undertaking national analytical studies that identify candidates for elimination, phase-out or reform of incentives, including subsidies, harmful for biodiversity, and that identify opportunities to enhance the effectiveness of existing financial instruments for biodiversity and to promote the design and implementation of positive incentive measures;

(b)Based, as appropriate, on the analytical studies above, developing policy plans that

(i)identify those harmful incentives that are candidates for removal, phase‑out, or reform;

(ii)provide for a prioritized list of measures leading to their eventual removal, phase-out, or reform;

(iii)provide for a prioritized list of measures leading to the introduction, or strengthening, of positive incentives for the conservation and sustainable use of biodiversity;

(iv)provide for associated timelines and milestones for implementation;

(c)In cases where incentives, including subsidies, are already known to have harmful effects and are already identified as candidates for elimination, phase‑out or reform, foreseeing immediate policy action in form of their elimination or initiation of their phase-out or their reform;

2.By 2016 (COP 13): In cases where harmful incentives that are candidates for elimination, phase-out or reform are already known, immediate policy or legislative action is being developed, in the form of their elimination or initiation of their phase-out or their reform;

3.By 2016 (COP 13): Finalization of national analytical studies that identify harmful incentives that are candidates for elimination, phase-out or reform of incentives, including subsidies, harmful for biodiversity, and that identify opportunities to promote the design and implementation of positive incentive measures;

4.By 2018 (COP 14): Finalization of policy plans, in line with revised national biodiversity strategies and action plans, that

(i)identify those harmful incentives that are candidates for elimination, phase-out, or reform;

(ii)provide for a prioritized list of measures leading to their eventual elimination, phase-out, or reform;

(iii)provide for a prioritized list of measures leading to the introduction, or strengthening, of positive incentives for the conservation and sustainable use of biodiversity;

(iv)provide for associated timelines and milestones;

5.The table below summarizes these milestones and the associated timelines. It reflects the possibility that a country may already know some candidates for immediate policy action (as per 1 (c) above) but may also wish to engage in the preparation of analytical studies (as per para. 1 (a) above) in order to obtain a more comprehensive picture.

Timeline	Milestone
2015	National target reflecting Aichi Biodiversity Target 3 and associated action items included in revised national biodiversity strategy and action plan (NBSAP)
2016	Policy or legislative action is being developed on incentives, including subsidies, already known to have harmful effects and already identified as candidates for elimination, phase-out or reform, in form of their elimination or initiation of their phase-out or their reform
2016	Finalization of national analytical studies that identify candidates for elimination, phase-out or reform of incentives, including subsidies, harmful for biodiversity, and that identify opportunities to promote the design and implementation of positive incentive measures
2018	Finalization of policy plans that (i) identify those harmful incentives that are candidates for elimination, phase-out, or reform; (ii) provide for a prioritized list of measures leading to their eventual elimination, phase-out, or reform; (iii) provide for a prioritized list of measures leading to the introduction, or strengthening, of positive incentives for the conservation and sustainable use of biodiversity; (iv) provide for associated timelines and milestones

XII/6

Cooperation with other conventions, international organizations and initiatives

The Conference of Parties,

Calls upon the BioTrade Initiative of United Nations Conference on Trade and Development to continue to strengthen its technical support to Governments, companies and other stakeholders to enable them to incorporate biotrade, as well as sustainable harvesting practices within national biodiversity strategies and action plans, as appropriate, highlighting the importance of biotrade as an engine for sustainable use of biodiversity and its conservation through the involvement of the private sector;

XIII/3

Strategic actions to enhance the implementation of the Strategic Plan for Biodiversity 2011-2020 and the achievement of the Aichi Biodiversity Targets, including with respect to mainstreaming and the integration of biodiversity within and across sectors

11.Calls upon Parties and invites other Governments to take measures to support and ensure close linkages and reinforce synergies among biodiversity-related and other international processes and multilateral environmental agreements, to implement their various goals and commitments in a coherent, clear, and mutually supportive manner, and to include biodiversity considerations in their engagement in these various processes, where relevant, and to implement goals and commitments under the Convention and relevant international processes in a coherent manner;

Encourages Parties and invites other Governments, as appropriate:

(h)Recalling decision X/32, paragraph 2(i), to make use of voluntary sustainability standards and/or of voluntary certification schemes, and promote their further development, as appropriate and where available, and in accordance with national circumstances and legislation, and consistent and in harmony with the Convention and other international obligations, for sustainably produced goods and services, and to encourage the integration of biodiversity considerations into procurement policies, taking into consideration specificities of developing countries, in particular the least developed countries and small island developing States, as well as countries with economies in transition;

32.Further encourages Parties and invites other Governments, as appropriate, to use an appropriate mix of regulatory and incentive measures aligned with national biodiversity objectives, including the elimination, phasing out and reform of incentives harmful to biodiversity in order, inter alia, to reduce habitat loss, degradation and fragmentation and to increase the efficiency of use of water, fertilizer and pesticides and to avoid their inappropriate use, and to encourage public and private sources of finance to be channelled into practices that improve the sustainability of production while reducing biodiversity loss, and to promote and support the restoration of ecosystems that provide essential services in a way that provides for the needs of indigenous peoples and local communities, does not cause harm to other ecosystems, and consistent with national legislation and international obligations;

57.Also urges Parties and invites other Governments to use, develop and enhance governance, policies, and practices, and to collaborate, as appropriate, within and across international bodies and through agreements, to promote legally and sustainably sourced forest products and to combat illegal logging and associated trade, consistent and in harmony with the Convention and other relevant international obligations, including through actions such as the development, implementation and enforcement of legislation and regulation to prevent imports of forest products from illegal sources, and to implement systems for the verification of legal compliance;

60.Also recognizes that there are currently a number of fisheries that are not sustainably managed and aquaculture operations and practices with significant negative impacts on biodiversity;

61.Further recognizes Sustainable Development Goal 14 and its targets 2, 4, 5 and 6, which refer to the conservation, sustainable management and restoration of marine ecosystems, the effective regulation of harvesting, the conservation of at least 10 per cent of marine and coastal areas and the prohibition of incentives harmful to biodiversity in fisheries, respectively;

66.Recalls paragraph 55 of decision X/29, encourages Parties and invites other Governments to ratify and/or implement the 2009 FAO Agreement on Port States Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, which provides a means of addressing such fishing activities;

71.Urges Parties and invites other Governments to establish, if necessary, or strengthen existing mechanisms of governance of fisheries, and take biodiversity considerations, in particular the precautionary approach, in line with the preamble of the Convention, fully into account when designing and implementing policies for fishing capacity management and reduction, including measures and regulations with a view to promoting the conservation and recovery of endangered species;

Invasive alien species

VI/23

Alien species that threaten ecosystems, habitats or species

The Conference of the Parties^*^*One representative entered a formal objection during the process leading to the adoption of this decision and underlined that he did not believe that the Conference of the Parties could legitimatly adopt a motion or a text with a formal objection in place. A few representatives expressed reservations regarding the procedure leading to the adoption of this decision (see UNEP/CBD/COP/6/20, paras. 294-324).

4.Having considered these options, adopts the Guiding Principles annexed to the present decision;

5.Urges Parties, other Governments and relevant organizations to promote and implement the Guiding Principles;

Urges Parties, Governments, multilateral organizations and other relevant bodies to consider the potential effects of global change on the risk of invasive alien species to biodiversity, and related ecosystem goods and services and, in particular:

(b)Invites the World Trade Organization, through its Committee on Trade and the Environment, to take this matter into account when considering the impacts of trade and trade liberalization;

Guiding principle 1: Precautionary approach

Given the unpredictability of the pathways and impacts on biological diversity of invasive alien species, efforts to identify and prevent unintentional introductions as well as decisions concerning intentional introductions should be based on the precautionary approach, in particular with reference to risk analysis, in accordance with the guiding principles below. The precautionary approach is that set forth in principle 15 of the 1992 Rio Declaration on Environment and Development and in the preamble of the Convention on Biological Diversity.The precautionary approach should also be applied when considering eradication, containment and control measures in relation to alien species that have become established. Lack of scientific certainty about the various implications of an invasion should not be used as a reason for postponing or failing to take appropriate eradication, containment and control measures.

Guiding principle 7: Border control and quarantine measures

1.States should implement border controls and quarantine measures for alien species that are or could become invasive to ensure that:

(a)Intentional introductions of alien species are subject to appropriate authorization (principle 10);

(b)Unintentional or unauthorized introductions of alien species are minimized.

2.States should consider putting in place appropriate measures to control introductions of invasive alien species within the State according to national legislation and policies where they exist.

3.These measures should be based on a risk analysis of the threats posed by alien species and their potential pathways of entry. Existing appropriate governmental agencies or authorities should be strengthened and broadened as necessary, and staff should be properly trained to implement these measures. Early detection systems and regional and international coordination are essential to prevention.

VII/13

Alien species that threaten ecosystems, habitats or species (Article 8 (h))

The Conference of the Parties

Noting the existing international, regional and national frameworks but recognizing the need to strengthen institutional coordination at international, regional and national levels on invasive alien species as a trade-related issue:

(c)Requests the Executive Secretary to renew his application for observer status in the Committee on Sanitary and Phytosanitary Measures (SPS) of the World Trade Organization with a view to enhancing the exchange of information on deliberations and recent development in the respective bodies of relevance to alien invasive species;

(d)Invites Parties and other Governments to take into consideration, as appropriate, the risks associated with the introduction, use and spread of invasive alien species during the development, expansion and environmental review of international, bilateral and regional arrangements such as trade arrangements, where appropriate; and

Invites relevant Parties to the Convention on Biological Diversity and other Governments, as well as national, regional and international organizations to:¹¹Implementation of this paragraph should not promote incentives that negatively affect the biodiversity of other countries.

(f)Consider the introduction of positive incentive measures for the prevention, mitigation, eradication or control of invasive alien species and the use of native species taking into consideration effectiveness in control and impact on the other native species in land and water management and other programmes;

Notes that specific gaps in the international regulatory frameworks at global, regional and national levels persist, notably in relation to species that are invasive, but do not qualify as plant pests under the regulations of the IPPC and other international agreements or animal diseases under the regulations of the Office international des épizooties and other international agreements with regard to the following potential pathways:

IX/4

In-depth review of ongoing work on alien species that threaten ecosystems, habitats or species

The Conference of the Parties,

Invites the Committee on Sanitary and Phytosanitary Measures of the World Trade Organization to note the lack of international standards covering invasive alien species, in particular animals, that are not pests of plants under the International Plant Protection Convention, nor diseases that are listed by the World Organization for Animal Health, and to consider ways and means so that that the provisions in the Sanitary and Phytosanitary Agreement of the World Trade Organization covering animal and plant health can be implemented to address risks from invasive alien species associated with international trade;

Encourages Parties and other Governments to raise the above issues formally through their national delegations to the World Organization for Animal Health, the Food and Agriculture Organization of the United Nations and the World Trade Organization;

X/38

Invasive alien species

The Conference of the Parties,

Welcomes the participation of the secretariats of the International Plant Protection Convention, the World Organisation for Animal Health (OIE), the World Trade Organization, the International Maritime Organization, the Food and Agriculture Organization of the United Nations and the Convention on International Trade in Endangered Species, as well as the International Union for Conservation of Nature (IUCN) and the Global Invasive Species Programme, in the inter-agency liaison group on invasive alien species, and encourages these organizations, as well as the International Civil Aviation Organization, to continue their collaboration with the Executive Secretary in line with paragraph 11 of decision IX/4 A;

Welcomes the responses from the secretariats of the International Plant Protection Convention, the World Organisation for Animal Health (OIE), the World Trade Organization and the Committee on Fisheries of the Food and Agriculture Organization of the United Nations (FAO) to the invitations to these bodies in, respectively, paragraphs 2, 3, 4 and 5 decision IX/4 A, setting out how they may address particular gaps and inconsistencies in the international regulatory framework on invasive alien species;

XI/28

Invasive alien species

The Conference of the Parties

Encourages Members of the Committee on Sanitary and Phytosanitary Measures of the World Trade Organization, members of the International Plant Protection Convention and relevant regional plant protection organizations operating within the framework of that Convention, the World Organisation for Animal Health (OIE) and the Codex Alimentarius Commission, to further address, including by developing and improving international standards, guidelines and recommendations, the risks associated with the introduction of alien species that are a potential threat to biodiversity but are not considered pests to plants, pathogens or parasites that affect domestic animals, or are harmful to human health, taking note that the risks associated with the introduction of alien species may include impacts on ecosystem functioning and biodiversity at the ecosystem, species and gene levels. The Convention on Biological Diversity could offer to collaborate with the Committee on Sanitary and Phytosanitary Measures on this matter;

Welcomes the publication by the International Plant Protection Convention of “Aquatic Plants Their Uses and Risks”, which provides information on the protection of plants, including bryophyte and algal species, in marine and aquatic environments;

Welcomes with appreciation the Guidelines for Assessing the Risk of Non-native Animals Becoming Invasive, published by the World Organisation for Animal Health (OIE), and encourages Parties and other Governments to make use of these guidelines in addressing the risks of invasive alien animal species;

Recognizes the important contribution made by the World Organisation for Animal Health (OIE) and encourages the Organisation to pursue its efforts to consider the impact of invasive alien species on ecosystems and animal health, and to provide advice and guidance on the assessment of the risk of invasion of alien species on ecosystems;

Invites the Committee on Sanitary and Phytosanitary Measures of the World Trade Organization to consider the application made by the Convention on Biological Diversity for observer status in the Committee and requests the Executive Secretary to actively pursue the application with a view to enhancing the exchange of information on deliberations and recent developments in bodies relevant to invasive alien species, in light of the increasing importance of the ecosystem level when establishing adequate standards;

Takes note of Articles 9.2 and 10 of the Agreement on the Application of Sanitary and Phytosanitary Measures;

XII/16

Invasive alien species: management of risks associated with introduction of alien species as pets, aquarium and terrarium species, and as live bait and live food, and related issues

The Conference of the Parties,

Recalling its encouragement to Parties, in decision IX/4, to make use of the risk assessment guidance and other procedures and standards developed by the International Plant Protection Convention, the World Organisation for Animal Health and other relevant organizations,

Also recalling the request to the Executive Secretary, in decision XI/28, to continue to pursue the tasks set out in paragraphs 11, 12 and 13 of decision IX/4 A and paragraph 13 of decision X/38, especially regarding progress in its relationship with standard-setting bodies recognized by the World Trade Organization (the International Plant Protection Convention, the World Organisation for Animal Health and the Codex Alimentarius Commission), and other relevant organizations,

1.Adopts the voluntary guidance on devising and implementing measures to address the risks associated with the introduction of alien species as pets, aquarium and terrarium species, and as live bait and live food, as contained in the annex to this decision, noting that measures taken under this guidance are to be consistent with applicable national and international obligations;

24.Measures under this guidance should be undertaken in a manner that is consistent with applicable international obligations, for example, the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization, and the standard-setting organizations recognized by this agreement, as well as the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

XIII/13

Invasive alien species: addressing risks associated with trade, experiences in the use of biological control agents, and decision support tools

The Conference of the Parties,

Requests the Executive Secretary, subject to the availability of resources, in collaboration with member organizations of the inter-agency liaison group on invasive alien species, to prepare draft supplemental guidance to incorporate unintentional introductions, as referred to in the fifth preambular paragraph above, to the existing Guidance on Devising and Implementing Measures to Address the Risks Associated with the Introduction of Alien Species as Pets, Aquarium and Terrarium Species, and as Live Bait and Live Food, for consideration by the Subsidiary Body on Scientific, Technical and Technological Advice prior to the fourteenth meeting of the Conference of the Parties;

Requests the Executive Secretary, subject to the availability of resources:

(a)To explore with the World Customs Organization, as well as member organizations of the inter-agency liaison group on invasive alien species, the need for tools or guidance for Parties that may assist national customs authorities in facilitating the necessary control of live alien species via e-commerce, building on the national experience or legislation related to the Convention on International Trade in Endangered Species of Wild Fauna and Flora and its enforcement, and to develop such tools or guidance where appropriate;

Invites Parties, other Governments, and as appropriate, standard-setting bodies recognized by the World Trade Organization, and other relevant organizations to adapt, improve or further develop tools, including decision support tools, for better development and application of biological control programmes against invasive alien species, including prioritization based on impacts, feasibility and likelihood of success of biological control, and the selection of the biological control agents and requests the Executive Secretary to compile this information and make it available through the clearing-house mechanism of the Convention and other means;

Requests the Executive Secretary, subject to the availability of resources, to further collaborate with the International Plant Protection Convention, the World Organisation for Animal Health, the Food and Agriculture Organization of the United Nations, other members of the inter-agency liaison group on invasive alien species and other relevant organizations, such as the International Organization for Biological Control, to identify options for supplementing risk assessment and risk management standards for the use of biological control agents against invasive alien species, including in aquatic environments, and to report on progress to the Subsidiary Body on Technical, Technological and Scientific Advice at a meeting prior to the fourteenth meeting of the Conference of the Parties;

14/11

Invasive alien species

2.Also welcomes the supplementary voluntary guidance for avoiding unintentional introductions of invasive alien species associated with trade in live organisms annexed to the present decision;

3.Encourages Parties and invites other Governments and relevant sectors and organizations to make use of the supplementary voluntary guidance for avoiding unintentional introductions of invasive alien species associated with trade in live organisms;

Requests the Executive Secretary, subject to the availability of resources:

(a)To explore with the Secretariat of the United Nations Economic and Social Council, the World Customs Organization and the Inter-agency Liaison Group on Invasive Alien Species the possibility of developing a system of classification and labelling, consistent and in harmony with international agreements, for consignments of living organisms that pose a hazard or risk to biological diversity related to invasive alien species, supplementary to and in line with existing international standards, and to report on progress to the Subsidiary Body on Scientific, Technical and Technological Advice at a meeting to be held prior to the fifteenth meeting of the Conference of the Parties;

Annex I

Supplementary Voluntary Guidance For Avoiding Unintentional Introductions Of Invasive Alien Species Associated With Trade In Live Organisms

1.The present guidance supplements the Guidance on Devising and Implementing Measures to Address the Risks Associated with the Introduction of Alien Species as Pets, Aquarium and Terrarium Species, and as Live Bait and Live Food annexed to decision XII/16.

2.The purpose of this guidance is to minimize the risk of biological invasion of alien species crossing the borders of national jurisdiction and distinct biogeographic areas through the unintentional introduction pathways described in the CBD pathway categorization in association with trade in live organisms.

3.This guidance is relevant to States, relevant organizations, industry and consumers, including all actors involved in the entire value chain of trade in live organisms (e.g. exporters, importers, breeders, including amateur collectors, participants of exhibitions, and wholesalers, retailers and customers). For the case of live food trade, the persons involved in the value chain also include individuals in the business of restaurants and food markets.

I. Scope

4.This guidance is voluntary and intended to be used in conjunction with, and be mutually supportive to, other relevant guidance, for example: the Guiding Principles for the Prevention, Introduction and Mitigation of Impacts of Alien Species that Threaten Ecosystems, Habitats and Species (decision VI/23);³ the International Standards for Phytosanitary Measures (ISPMs); the Terrestrial Animal Health Code and the Manual of Diagnostic Test and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE); the OIE Aquatic Animal Health Code and the Manual of Diagnostic Tests for Aquatic Animals and other standards and guidance developed by relevant international organizations.³One representative of a Party entered a formal objection during the process leading to the adoption of this decision and underlined that he did not believe that the Conference of the Parties could legitimately adopt a motion or a text with a formal objection in place. A few representatives expressed reservations regarding the procedure leading to the adoption of this decision (see UNEP/CBD/COP/6/20, paras. 294-324).

5.This guidance also describes integrated processes for its implementation together with the guidance annexed to decision XII/16 and existing international standards set for the protection of biodiversity, and the health of animals, plants and humans.

6.This guidance can be implemented by Parties and other Governments with cross-sectoral collaboration among conservation authorities, border control authorities, and risk regulatory bodies relevant to international trade as well as relevant industries and consumers who are involved in the value chain of trade in live organisms.

II. Measures to reduce the risk of invasive alien species moving unintentionally in pathways associated with trade in live organisms

A. Conformity with existing international standards and other guidance relevant to invasive alien species

7.For all animals or animal products contained in a consignment of live organisms, the appropriate sanitary standards developed through the standard-setting processes of the World Organisation for Animal Health should be used to harmonize national measures, in both exporting and importing countries.

8.For all plants or plant products, including any soil, leaf litter, straw, or other substrates, hay, seeds, fruit or other sources of food contained in a consignment of live organisms, the appropriate phytosanitary standards developed through the standard-setting processes of the International Plant Protection Convention should be used to harmonize national measures in both exporting and importing countries.

9.A sender/exporter of live organisms should demonstrate that the commodity being exported, including its associated shipping materials (for example, water, food, bedding), poses no sanitary or phytosanitary risk to the importing country’s biodiversity. This may be communicated to the national border authority of importing country by presenting a certificate issued by the exporting veterinary authority/competent authority for animals, or by presenting a phytosanitary certificate issued by the exporting national plant protection organization for plants in an exporting country, in accordance with national import regulations, which are based on pest risk analysis.

10.Carrier conveyances for consignments of live organisms should meet existing international guidance established under international organizations, such as the Code of Practice for Packing of Cargo Transport Units (CTU Code) of the International Maritime Organization/International Labour Organization/United Nations Economic Commission for Europe,⁴ but should not be limited to this.⁴https://www.unece.org/fileadmin/DAM/trans/doc/2014/wp24/CTU_Code_January_2014.pdf

B. Responsible preparation of consignments of live organisms

11.A sender/exporter of live organisms should be fully aware of the potential risks of biological invasions resulting from the movement of alien species through unintentional pathways associated with trade in live organisms and should ensure:

(a)that a consignment meets sanitary and phytosanitary requirements set by an importing country

(b)compliance with national and regional regulations on the import and export of invasive alien species; and

(c)measures to minimize the risk of unintentional introductions are applied.

12.A sender/exporter of a consignment of live organisms should inform the importer/receiver of the potential risks of biological invasion by alien species on a document attached to the consignment containing live organisms, addressed to the border control authorities, national plant protection organizations or veterinary authorities. In some cases, this information should be presented to the competent authorities in the country or countries of transit, in order to allow the adoption of appropriate risk management measures during transit.

13.A sender/exporter of live organism should apply all appropriate sanitary and phytosanitary measures to ensure that the live organisms are shipped free of pests, pathogenic agents and alien organisms which may carry risks of biological invasions in an importing country or biogeographic areas receiving them.

C. Packing containers/consignment

14.Each consignment should be appropriately labelled as a “potential risk to biodiversity” when applicable, taking into account the risk of biological invasions that may be posed by the live organisms associated with the consignment, by a sender/exporter, especially when the live organisms were captured or collected from the wild, to inform the persons involved in the entire value chain of the potential risks to biodiversity.

15.Packing material or containers associated with the movement of live organisms should be free of pests, pathogenic agents and invasive alien species which are of concern to the importing country, country of transit or biogeographic areas concerned. If the packing material is made from wood, appropriate treatment described in ISPM 15 (Regulation of wood packaging material in international trade) as well as other national and regional regulations should be applied.

16.If a packing container is to be reused, it should be washed and disinfected by a sender/exporter prior to shipping and visually inspected prior to reusing.

17.Packing containers for aquatic species should be closed appropriately by a sender/exporter to prevent leaks of water(s) and/or contamination into or from the consignment during the transport along the entire value chain.

D. Materials associated within packing containers

18.A sender/exporter of live organisms should ensure that, prior to shipping, animal bedding is treated with appropriate method(s) to ensure that it is free of pests, pathogenic agents and invasive alien species which are of concern to an importing country, countries of transit or biogeographic areas concerned.

19.Water(s) for aquatic live organisms and any associated media to be used during transport should be free of pests, pathogenic agents and invasive alien species which are of concern to an importing country or biogeographic areas receiving them and should be treated as required.

20.Air and air supplying devices associated with consignments of aquatic organisms should be free of pests, pathogenic agents and invasive alien species which are of concern to an importing country or biogeographic areas receiving them.

21.Any soil or soil-related materials associated with the transport of live organisms should be eliminated by a sender/exporter prior to shipping. If soil or soil-related materials cannot be eliminated from the packing containers, the sender/exporter should consult the import regulations of the national plant protection organization of the importing country and comply with them.

E. Feed or food for live animals

22.A sender/exporter of live organisms should ensure that any feed or food contained in a consignment does not consist of viable seeds, parts of plants or animals that maintain the potential of establishment at the destination. Senders/exporters should ensure that the feed or food is free of pests, pathogenic agents and invasive alien species which are of concern to an importing country, countries of transit or biogeographic areas concerned.

F. Treatment of by-products, waste, waters and media

23.By-products and waste produced during the transport of live organisms should be removed from the consignment and treated or eliminated as soon as possible on arrival in the receiving country. The recipient of the consignment should apply appropriate treatment, including disinfection,⁵ incineration, rendering, autoclaving, or other measures on packing containers, other associated materials, by-products and waste prior to their disposal in order to minimize the risks posed by invasive alien species.⁵Disinfection means the application, after thorough cleansing, of procedures intended to destroy the infectious or parasitic agents of animal diseases, including zoonoses; this applies to premises, vehicles and different objects which may have been directly or indirectly contaminated (OIE Terrestrial Animal Health Code).

G. Condition of carrier conveyances

24.If live organisms are expected to be loaded or have been previously loaded, the owners and operators of the carrier conveyances should ensure that the conveyances are washed, disinfected or otherwise appropriately treated. The owners of carrier conveyances should take responsible measures to apply the treatment immediately upon the arrival of a carrier conveyance at a destination and maintain the treated condition until the next use.

25.Prior to an operation, a carrier conveyance should be inspected to determine its sanitary and phytosanitary condition to ensure that unintentional introduction of pests, pathogenic agents and invasive alien species is minimized.

26.In the event of escape of live organisms, accidental spillage or leaks from a consignment, the owner and operators of the carrier conveyance should take necessary measures to recapture and contain the live organisms and alien species attached to them and immediately notify the appropriate authorities of that country of any escape of live organisms, accidental spillage or leaks from a consignment. The owners and operators of carrier conveyances should wash the carrier conveyance and disinfect or treat it appropriately, and inform relevant national authorities in the affected country (county of transit or destination) about the nature of the escape, spillage or leak and the measures taken by the owners or operators of the carrier conveyance.

H. Role of the receiver/importer

27. A receiver/importer should be aware of import requirements set by the importing country and ensure that the import requirements are met. The importer should inform the appropriate authorities, if the consignment is contaminated, to ensure that the necessary measures are taken to contain and dispose of the contaminants.

I. Role of States and national authorities in relation to invasive alien species

28.It is recommended that relevant records of consignments containing live organisms, imported to a country be collected and maintained with regard to senders/exporters, recipients/importers, the species name, and the origin of the organisms or commodity. If contaminants have been detected in the consignment, measures taken to prevent introduction and spread of invasive alien species, pests and pathogens and the health status of the animal and the phytosanitary conditions of the plant should also be recorded.

29.States should apply appropriate national border risk management measures in accordance with existing international guidance and national regulations and policy to minimize the risk of unintentional introduction of invasive alien species associated with trade in live organisms.

30.States may encourage the use of DNA sequence based taxonomic identification technologies, such as DNA barcoding, as tools for the identification of alien species of concern to the State.

31.When invasive alien species unintentionally enter or become established, relevant authorities should be notified, including, as appropriate, environmental authorities, the veterinary authority/competent authority and the national plant protection organization, to ensure that the exporting or re-exporting country, neighbouring countries and countries of transit are informed of the event in order to prevent the further spread of the invasive alien species.

32.States, in cooperation with relevant organizations, should make information freely available to the public on:

(a)import requirements for trade in live organisms and other relevant national and regional regulations and policies related to invasive alien species; and

(b)results of pathway risk analysis, if they have been undertaken.

33.States that receive live organisms, their subnational governments, relevant organizations and industry involved in trade with live organisms should raise awareness on the risk of unintentional introduction of pests, pathogenic agents and invasive alien species to persons involved in the entire value chain. This includes awareness-raising campaigns using case studies of biological invasions resulting from unintentional introduction of invasive alien species directed at the public, potential operators (amateur breeders, etc.) and persons involved in the entire value chain.

J. Monitoring

34.States should conduct monitoring of invasive alien species which can unintentionally arrive in their territories, particularly in susceptible areas (e.g. ports, cross-docking and warehousing facilities, off-dock container yards, connected roads and railways) where their entry, establishment and early stage of spreading may occur.

35.When unintentional introduction in susceptible areas is observed, States should intensify the monitoring of invasive alien species in nearby areas where there are concerns about protecting biodiversity, and carry out rapid responses to contain, control and, where possible, eradicate the invasive alien species.

36.States should monitor in-country movement and spread of invasive alien species introduced unintentionally with the import of live organisms in collaboration with subnational or local authorities in order to minimize the impact of invasive alien species and their spread.

K. Other measures

37.Any national risk management measures regarding unintentional introduction pathways in exporting and importing countries, and codes of conduct set by international bodies related to shipping and delivery services, may apply within the scope of this voluntary supplementary guidance.

38.The risks of unintentionally moving other species as contaminants, for example, in bedding materials, or in the shipping container and associated conveyances, as food or feed, should be considered in the risk assessment of a live organism intended to be imported for use as pets, aquarium and terrarium species, and as live bait and live food.

Cooperation and observer status

IV/15

The relationship of the Convention on Biological Diversity with the Commission on Sustainable Development and biodiversity-related conventions, other international agreements, institutions and processes of relevance

The Conference of the Parties,

Also notes that some Parties to the Convention on Biological Diversity, particularly many developing countries, are not members of the World Trade Organization, and are therefore limited in their abilities to present their concerns regarding biological diversity at the World Trade Organization;

Stresses the need to ensure consistency in implementing the Convention on Biological Diversity and the World Trade Organization agreements, including the Agreement on Trade-Related Aspects of Intellectual Property Rights, with a view to promoting increased mutual supportiveness and integration of biological diversity concerns and the protection of intellectual property rights, and invites the World Trade Organization to consider how to achieve these objectives in the light of Article 16, paragraph 5, of the Convention, taking into account the planned review of Article 27, paragraph 3 (b), of the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1999;

Emphasizes that further work is required to help develop a common appreciation of the relationship between intellectual property rights and the relevant provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Convention on Biological Diversity, in particular on issues relating to technology transfer and conservation and sustainable use of biological diversity and the fair and equitable sharing of benefits arising out of the use of genetic resources, including the protection of knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity.

VI/20

Cooperation with other organizations, initiatives and conventions

The Conference of the Parties

Reaffirms the need to promoting increased mutual supportiveness of trade and environment agreements in achieving sustainable development, as stressed in decision IV/15 of the fourth meeting of the Conference of the Parties, and reiterated in the Cartagena Protocol on Biosafety and the Doha Ministerial Declaration of the World Trade Organization adopted on 14 November 2001;

Notes the Doha Ministerial Declaration, which welcomes a continued cooperation by the World Trade Organization with United Nations Environment Programme and other intergovernmental environmental organizations, and encourages efforts to promote cooperation between the World Trade Organization and relevant international environmental and developmental organizations;

Recognizes the importance of cooperation with the World Trade Organization with regard to matters that are relevant to the Cartagena Protocol on Biosafety and in preparing for the implementation of the Protocol, emphasizes the need to ensure mutual supportiveness with the relevant agreements under the World Trade Organization, in particular with the Agreement on Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade, with a view to achieving sustainable development;

Requests the Executive Secretary to apply to the World Trade Organization for an observer status and to represent the Convention on Biological Diversity in the meetings of the Committee on Sanitary and Phytosanitary Measures and the Committee on Technical Barriers to Trade;

Further requests the Executive Secretary to renew the application to the World Trade Organization for observer status in the Council for the Agreement on Trade-related Aspects of Intellectual Property Rights;

VIII/16

Cooperation with other conventions and international organizations and initiatives

The Conference of the Parties

Requests the Executive Secretary to liaise with the secretariat of the World Trade Organization on relevant issues, including trade-related intellectual property rights, sanitary and phytosanitary measures, and environmental goods and services, inter alia, with a view to identifying options for closer collaboration, including developing a memorandum of cooperation to promote the three objectives of the Convention;

IX/27

Cooperation among multilateral environmental agreements and other organizations

The Conference of the Parties

Requests the Executive Secretary to renew the Convention’s pending applications for observer status in relevant bodies of the World Trade Organization, and to continue, and further strengthen, liaison and cooperation with the World Trade Organization;

X/20

Cooperation with other conventions and international organizations and initiatives

The Conference of the Parties

Also requests the Executive Secretary to continue, and further deepen, cooperation and liaison with the World Trade Organization, and to renew the Convention's pending applications for observer status in relevant bodies of the World Trade Organization;

14/30

Cooperation with other conventions, international organizations and initiatives

The Conference of the Parties,

15.Calls upon Parties, in accordance with national priorities and capacity, in the light of the results of the consultation process conducted under the “Caring for Coasts” initiative, the resulting work plan presented in the information document issued by the Executive Secretary⁵ and the related resolutions adopted by the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals at its twelfth meeting⁶ and the Conference of the Contracting Parties to the Convention on Wetlands of International Importance especially as Waterfowl Habitat at its thirteenth meeting⁷ to provide further support for the implementation of the activities of the proposed work plan, including, among other things, the global “Coastal Forum” focused on coastal wetland conservation;⁵CBD/SBI/2/INF/20.⁶Resolution 12.25 on promoting conservation of critical intertidal and other coastal habitats for migratory species.⁷Resolution XIII.20 on promoting the conservation and wise use of intertidal wetlands and ecologically-associated habitats.

16.Requests the Executive Secretary, subject to the availability of resources, to further coordinate the “Caring for Coasts” initiative with the secretariats of the Convention on the Conservation of Migratory Species of Wild Animals and the Convention on Wetlands of International Importance especially as Waterfowl Habitat, and other relevant organizations, such as the United Nations Conference on Trade and Development in the context of its Blue Bio Trade Initiative, in order to advance synergies in their work on the management and restoration of coastal ecosystems worldwide;

17.Encourages Parties to the Convention that are also Parties to the United Nations Framework Convention on Climate Change or the United Nations Convention to Combat Desertification to consider, as appropriate, the relevance of their actions to implement the Convention on Biological Diversity, including their national biodiversity strategies and action plans, with actions for the achievement of their nationally determined contributions to the Paris Agreement⁸ and their national action programmes, respectively, and to also consider, where appropriate, ecosystem-based approaches to adaptation, aiming to reduce human vulnerability to climate change;⁸United Nations, Treaty Series, Registration No. I-54113.

18.Invites Parties to the Convention that are also members of the United Nations Forum on Forests to consider, as appropriate, the relevance of their actions to implement the Convention on Biological Diversity, including actions under their national biodiversity strategies and action plans, in the design of their voluntary national contributions towards achieving one or more global forest goals and targets of the United Nations strategic plan for forests 2017-2030;⁹⁹See Economic and Social Council resolution 2017/4 of 20 April 2017 (see also General Assembly resolution 71/285 of 27 April 2017).

Other

VII/3

Agricultural biological diversity

The Conference of the Parties

Takes note also of the notes by the Executive Secretary on the impacts of trade liberalization on agricultural biodiversity (UNEP/CBD/COP/7/INF/14 and 15) prepared pursuant to paragraph 17 of decision VI/5, and requests further gathering and incorporation of data on this matter from all countries;

VII/14

Biological Diversity and tourism

The Conference of the Parties

1.Adopts the Guidelines on Biodiversity and Tourism Development annexed to the present decision;

In light of the collaboration between the Convention on Biological Diversity, the United Nations Environment Programme and the United Nations Educational, Scientific and Cultural Organization, invites the World Tourism Organization, the United Nations Conference on Trade and Development, the United Nations Development Programme, the World Bank, World Trade Organization, regional development banks and other relevant international organizations, to:

(a)Take these Guidelines into account in undertaking their activities;

1.The present Guidelines are voluntary and represent a range of opportunities for local, regional, national governments, indigenous and local communities and other stakeholders to manage tourism activities in an ecological, economic and socially sustainable manner. They can be flexibly applied to suit different circumstances and domestic institutional and legal settings.

Legislation and control measures considered could include measures for:

(n)Monitoring, control of and provision of information on activities related to collection and trade of biological and related cultural resources within tourism sites.

14/19

Synthetic biology

The Conference of the Parties,

11.Calls upon Parties and other Governments, taking into account the current uncertainties regarding engineered gene drives, to apply a precautionary approach,⁴ in accordance with the objectives of the Convention, and also calls upon Parties and other Governments to only consider introducing organisms containing engineered gene drives into the environment, including for experimental releases and research and development purposes, when:⁴See decision XIII/17.

(a)Scientifically sound case-by-case risk assessments have been carried out;

(b)Risk management measures are in place to avoid or minimize potential adverse effects, as appropriate;

(c)Where appropriate, the “prior and informed consent”, the “free, prior and informed consent” or “approval and involvement”⁵ of potentially affected indigenous peoples and local communities is sought or obtained, where applicable in accordance with national circumstances and legislation;⁵Decision XIII/18.

14/33

Procedure for avoiding or managing conflicts of interest in expert groups

The Conference of the Parties,

1.Approves the procedure for avoiding or managing conflicts of interest contained in the annex to the present decision;

1.1The purpose of this procedure is to enhance transparency and to contribute to ensuring the scientific integrity and independence of the work of expert groups, such as ad hoc technical expert groups, and to allow the Subsidiary Body on Scientific, Technical and Technological Advice and the Subsidiary Body on Implementation, as appropriate, to develop their conclusions and recommendations on the best available advice received from these expert groups, and/or to provide the Conference of the Parties to the Convention and the Conference of the Parties serving as the meetings of the Parties to the Cartagena Protocol and the Nagoya Protocol with credible, evidence-based and balanced information for taking decisions.

14/34

Comprehensive and participatory process for the preparation of the post-2020 global biodiversity framework

The Conference of the Parties

1.Adopts the preparatory process for the development of the post-2020 global biodiversity framework contained in the annex to the present decision, and requests the Executive Secretary to facilitate its implementation, noting that the implementation of the preparatory process will require flexibility in order to adapt to changing circumstances and to respond to emerging opportunities;

11.The effectiveness of the process for developing the post-2020 global biodiversity framework depends on the active participation of all Parties to the Convention and the Protocols, including by promoting meaningful national consultations. Specifically, in developing the post-2020 global biodiversity framework Parties are encouraged to do the following:

(a)Promote the active engagement of Convention and Protocol focal points and encourage the participation of national focal points of other related international and regional agreements and processes, including other biodiversity-related conventions, the focal points of United Nations organizations and programmes, such as the Food and Agriculture Organization of the United Nations, and representatives of other sectors;

(b)Promote the active engagement of observers and stakeholders;

(c)Seek to support the active engagement of all relevant stakeholders at the national and subnational levels, including local authorities, cities, business, the financial sector, productive sectors - such as the agriculture, forestry, fisheries, tourism, health, infrastructure, energy and mining, infrastructure, manufacturing and processing sectors - civil society, women’s organizations, youth, academia, citizens and indigenous peoples and local communities.

Access to genetic resources and the fair and equitable sharing of the benefits arising out of their utilization

The relationship between the Agreement on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization and the Convention on Biological Diversity

Article 8(j) and related provisions

Technology transfer and scientific and technological cooperation

Mainstreaming and incentive measures

Rationale

Practical principle 3

International, national policies, laws and regulations that distort markets which contribute to habitat degradation or otherwise generate perverse incentives that undermine conservation and sustainable use of biodiversity, should be identified and removed or mitigated.11

Rationale

Operational guidelines

Practical principle 13

The costs of management and conservation of biological diversity should be internalized within the area of management and reflected in the distribution of the benefits from the use.15

Rationale

Operational guidelines

Annex I

Milestones for the full implementation of Aichi Biodiversity Target 3

Invasive alien species

Guiding principle 1: Precautionary approach

Guiding principle 7: Border control and quarantine measures

Annex I

Supplementary Voluntary Guidance For Avoiding Unintentional Introductions Of Invasive Alien Species Associated With Trade In Live Organisms

I. Scope

II. Measures to reduce the risk of invasive alien species moving unintentionally in pathways associated with trade in live organisms

A. Conformity with existing international standards and other guidance relevant to invasive alien species

B. Responsible preparation of consignments of live organisms

C. Packing containers/consignment

D. Materials associated within packing containers

E. Feed or food for live animals

F. Treatment of by-products, waste, waters and media

G. Condition of carrier conveyances

H. Role of the receiver/importer

I. Role of States and national authorities in relation to invasive alien species

J. Monitoring

K. Other measures

Cooperation and observer status

Other

International, national policies, laws and regulations that distort markets which contribute to habitat degradation or otherwise generate perverse incentives that undermine conservation and sustainable use of biodiversity, should be identified and removed or mitigated.¹¹

The costs of management and conservation of biological diversity should be internalized within the area of management and reflected in the distribution of the benefits from the use.¹⁵