On the ratification of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity

Law of the Republic of Kazakhstan dated June 17, 2008 No. 43-IV

       To ratify the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, signed in Montreal on January 29, 2000.  

     President of the Republic of Kazakhstan N. Nazarbayev  

  CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION ON BIOLOGICAL DIVERSITY  

United Nations 2000  

  CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION ON BIOLOGICAL DIVERSITY  

     The Parties to this Protocol,  

     being Parties to the Convention on Biological Diversity, hereinafter referred to as the "Convention",  

     Recalling paragraphs 3 and 4 of article 19, as well as articles 8 (g) and 17 of the Convention,  

     Recalling also decision II/5 of the Conference of the Parties to the Convention on Biological Diversity of 17 November 1995, in which it decided to develop a protocol on biosafety, with particular attention to the transboundary movement of any living modified organism resulting from the use of modern biotechnology and likely to have an adverse impact on the conservation and sustainable use of biological diversity, by preparing for consideration in particular, the relevant procedures for prior informed consent,  

     Reaffirming the precautionary principle reflected in Principle 15 of the Rio Declaration on Environment and Development,  

     Aware of the rapid spread of modern biotechnology, as well as the growing public concern about its potential harmful effects on biological diversity, taking into account also the risks to human health,  

     Recognizing that modern biotechnology offers enormous opportunities for improving human well-being if it is developed and used in compliance with appropriate environmental and human health safety measures,  

     Recognizing also the critical importance of centers of origin and centers of genetic diversity for humanity,  

     Taking into account the limited capacity of many countries, in particular developing countries, to respond to the nature and scale of known and potential risks associated with living modified organisms,  

     Recognizing that trade and environmental agreements must be mutually reinforcing in order to achieve sustainable development,  

     Emphasizing that this Protocol is not interpreted as implying a change in the rights and obligations of the Party in accordance with any existing international agreements,  

     Based on the understanding that the stating part above does not aim to subordinate this Protocol to other international agreements,  

     WE HAVE AGREED ON THE FOLLOWING:  

  Article 1 PURPOSE  

     In accordance with the precautionary principle contained in Principle 15 of the Rio Declaration on Environment and Development, the purpose of this Protocol is to promote an appropriate level of protection for the safe transfer, processing and use of living modified organisms resulting from the application of modern biotechnology and capable of adversely affecting conservation and sustainable use of biological diversity, taking into account also the risks to human health and paying special attention to cross-border movement.  

  Article 2 GENERAL PROVISIONS  

       1. Each Party shall take the necessary and appropriate legal, administrative and other measures to comply with its obligations under this Protocol.  

       2. The Parties shall ensure that the production, processing, transportation, use, transfer and release of any living modified organisms are carried out in such a way as to avoid or reduce risks to biological diversity, taking into account also risks to human health.  

       3. Nothing in this Protocol shall in any way prejudice the sovereignty of States in respect of their territorial sea, as defined in accordance with International Law, and their sovereign rights and jurisdiction, which States possess in their exclusive economic zones and within the boundaries of their continental shelves in accordance with international law, as well as the exercise by ships and aircraft all States have the navigation rights and freedoms provided for by international law and enshrined in relevant international documents.  

       4. Nothing in this Protocol shall be interpreted as limiting the right of a Party to take measures that provide a higher level of protection for the conservation and sustainable use of biological diversity than that provided for in this Protocol, provided that such measures are consistent with the purpose and provisions of this Protocol and are consistent with other obligations of that Party under international law. rights.  

       5. The Parties are encouraged to take into account, as appropriate, existing expertise, agreements and the results of work carried out in international forums with competence in the field of human health risks.  

  Article 3 USE OF TERMS  

     For the purposes of this Protocol:  

       (a) "Conference of the Parties" means the Conference of the Parties to the Convention;  

       (b) "Use in closed systems" means any operation carried out within an installation, structure or other physical structure involving living modified organisms, which are regulated by special measures effectively limiting their contact with and impact on the external environment.;  

       (c) "Export" means deliberate cross-border movement from one Party to another;  

       (d) "Exporter" means any legal or natural person under the jurisdiction of the Exporting Party who organizes the export of living modified organisms;  

       (e) "Import" means deliberate cross-border movement in one Direction from another Party;  

       (f) "Importer" means any legal or natural person under the jurisdiction of the Importing Party who organizes the import of living modified organisms;  

       (g) "Living modified organism" means any living organism possessing a new combination of genetic material obtained through the use of modern biotechnology;  

       (h) "Living organism" means any biological entity that is capable of transmitting or replicating genetic material, including sterile organisms, viruses and viroids;  

       (i) "Modern biotechnology" means the application of:  

       a. in vitro methods using nucleic acids, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acids into cells or organelles, or  

       b. methods based on the fusion of cells of organisms with different taxonomic status, which make it possible to overcome natural physiological reproductive or recombination barriers and which are not traditional methods for breeding and breeding;  

       (j) "Regional economic integration organization" means an organization established by sovereign States of a particular region to which its member States have delegated authority on matters governed by this Protocol and which is duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the Protocol.;  

       (k) "Transboundary movement" means the movement of a living modified organism from one Party to another, except that, for the purposes of Articles 17 and 24, transboundary movement covers movement between Parties and non-Parties.  

  Article 4 SCOPE OF APPLICATION  

     This Protocol applies to the transboundary movement, transit, processing and use of all living modified organisms capable of adversely affecting the conservation and sustainable use of biological diversity, taking into account also the risks to human health.  

  Article 5 PHARMACEUTICAL PREPARATIONS  

     Notwithstanding the provisions of Article 4 and without prejudice to any right of a Party to carry out a risk assessment of all living modified organisms prior to making import decisions, this Protocol does not apply to transboundary movements of living modified organisms representing pharmaceutical preparations for humans that are regulated by other relevant international agreements or organizations.  

  Article 6 TRANSIT AND USE IN CONFINED SPACES   SYSTEMS  

       1. Notwithstanding the provisions of Article 4 and without prejudice to any right of a Transit Party to regulate the transport of living modified organisms through its territory and to submit to the biosafety clearing house any decision of that Party in accordance with paragraph 3 of Article 2 regarding the transit through its territory of a specific living modified organism, the provisions of this Protocol with respect to the prior informed consent procedure shall not apply to living modified organisms in case of their transit.  

       2. Notwithstanding the provisions of Article 4 and without prejudice to any right of a Party to conduct a risk assessment of all living modified organisms prior to making import decisions and to establish standards for use in closed systems within its jurisdiction, the provisions of this Protocol regarding the prior informed consent procedure shall not apply to the transboundary movement of living modified organisms intended for for use in closed systems carried out in accordance with the standards of the Importing Party.  

Article 7 APPLICATION OF THE PRIOR INFORMED CONSENT PROCEDURE  

       1. In accordance with Articles 5 and 6, the prior informed consent procedure set out in Articles 8-10 and 12 is applied prior to the first deliberate transboundary movement of living modified organisms intended for deliberate introduction into the environment of the Importing Party.  

       2. The "deliberate introduction into the environment" mentioned in paragraph 1 above does not apply to living modified organisms intended for direct use as food or feed or for processing.  

       3. Article 11 shall apply until the first transboundary movement of living modified organisms intended for direct use as food or feed or for processing.  

       4. The prior informed consent procedure shall not apply to the deliberate transboundary movement of living modified organisms, which are identified in a decision of the Conference of the Parties serving as the Meeting of the Parties to this Protocol as unlikely to have an adverse impact on the conservation and sustainable use of biological diversity, taking into account the risks to human health.  

  Article 8 NOTIFICATION  

     1. The exporting Party shall notify or require the exporter to provide written notification to the national competent authority of the Importing Party prior to the deliberate transboundary movement of a living modified organism falling within the scope of paragraph 1 of Article 7. The notification contains, at a minimum, the information specified in appendix I.  

       2. The exporting Party ensures that it is legally responsible for the accuracy of the information provided by the exporter.  

  Article 9 CONFIRMATION OF RECEIPT OF NOTIFICATION  

       1. The importing Party shall confirm in writing to the notifier the receipt of the notification within ninety days from the date of its receipt.  

       2. The confirmation indicates:  

       a) date of receipt of the notification;  

       (b) Does the prima facie notification contain the information referred to in article 8;  

       (c) Whether further measures can be initiated in accordance with the national regulatory framework of the Importing Party or in accordance with the procedure defined in Article 10.  

       3. The national regulatory framework referred to in paragraph 2 (c) above is consistent with the provisions of this Protocol.  

       4. Failure by the importing Party to confirm receipt of the notification does not imply its consent to the deliberate cross-border movement.  

  Article 10 DECISION-MAKING PROCEDURE  

       1. The decisions taken by the Importing Party comply with the provisions of Article 15.  

       2. The importing Party shall, within the period specified in Article 9, inform the notifier in writing whether deliberate cross-border movement may be carried out.:  

       (a) Only after the Importing Party has submitted its written consent; or  

       b) after at least ninety days without subsequent written consent.  

       3. Within two hundred and seventy days after the date of receipt of the notification, the Importing Party shall notify the notifier and the biosafety clearing house in writing of its decision referred to in paragraph 2 (a) above.:  

       a) allowing imports with or without certain conditions and providing information on how this decision applies to subsequent imports of the same living modified organism;  

       b) prohibiting imports;  

       (c) Requesting relevant additional information in accordance with its national regulatory framework or Annex I; when determining the time frame within which the Importing Party submits its response, the number of days during which the Importing Party expects relevant additional information is not taken into account; or  

       d) informing the notifier that the time limits specified in this paragraph are extended for a certain period.  

       4. Except in cases of unconditional consent, decisions taken under paragraph 3 must contain the arguments underlying the decision.  

       5. If the importing Party does not inform about its decision within two hundred and seventy days after the date of receipt of the notification, this does not mean that it has consented to deliberate cross-border movement.  

       6. The lack of scientific reliability due to insufficient relevant scientific information and knowledge regarding the extent of the possible adverse effects of a living modified organism on the conservation and sustainable use of biological diversity on the part of the importer, taking into account also the risks to human health, does not prevent the Importing Party from making an appropriate decision regarding the import of such a living modified organism as this stipulated in paragraph 3 above, in order to prevent or limit as much as possible such possible adverse effects.  

       7. The Conference of the Parties serving as the Meeting of the Parties shall, at its first meeting, determine appropriate procedures and mechanisms to facilitate decision-making by the importing Party.  

  Article 11 PROCEDURE FOR LIVING MODIFIED ORGANISMS INTENDED FOR DIRECT USE AS FOOD OR FEED OR FOR PROCESSING  

     1. The Party making the final decision on domestic use, including the sale on the market of a living modified organism that may become the object of cross-border movement for direct use as food or feed or for processing, shall inform the Parties about this through the biosafety mediation mechanism within fifteen days after making such a decision. Such information should include, at a minimum, the data specified in annex II. The Party shall provide written copies of the information materials to the national coordination center of each Party, which shall inform the Secretariat in advance of the lack of access to the biosafety clearing house. This provision does not apply to decisions concerning field testing.  

       2. The Party making the decision in accordance with paragraph 1 shall ensure that there is a legal requirement regarding the accuracy of the information provided by the applicant.  

       3. Any Party may request additional information from the authority referred to in paragraph (b) of annex II.  

       4. A Party may decide on the import of living modified organisms intended for direct use as food or feed or for processing, within the framework of a national regulatory framework, which is consistent with the objectives of this Protocol.  

       5. Each Party shall provide the biosafety clearing house with copies of any national laws, regulations and guidelines applicable to the import of living modified organisms intended for direct use as food or feed or for processing, if any.  

       6. In exercising its domestic jurisdiction and in the absence of the national regulatory framework referred to in paragraph 4 above, a developing country Party or a Party with an economy in transition may declare through the biosafety mediation mechanism that its decision, taken prior to the first importation of living modified organisms intended for for direct use as food or feed or for processing, for which information has been provided in accordance with paragraph 1 above., It will be accepted according to the following criteria:  

     (a) Conducting a risk assessment in accordance with Annex III; and  

       b) making a decision within a projected time limit not exceeding two hundred and seventy days.  

       7. The fact that a Party has not communicated its decision in accordance with paragraph 6 above does not mean that it agrees or refuses to import a living modified organism intended for direct use as food or feed or for processing, unless otherwise agreed by the Party.  

       8. The lack of scientific reliability due to insufficient relevant scientific information and knowledge regarding the extent of the possible adverse effects of a living modified organism on the conservation and sustainable use of biological diversity on the importing Side, taking into account also the risks to human health, does not prevent the Importing Side from making an appropriate decision regarding the import of such a living modified organism intended for direct use as food or feed or for processing, in order to prevent or limit as much as possible such possible adverse effects.  

       9. A Party may indicate its needs for financial and technical assistance and capacity-building in relation to living modified organisms intended for direct use as food or feed or for processing. The Parties shall cooperate to meet these needs in accordance with the provisions of articles 22 and 28.  

  Article 12 REVIEW OF DECISIONS  

1. The importing Party may at any time, taking into account new scientific information on the potential adverse effects on the conservation and sustainable use of biological diversity, taking into account also the risks to human health, review and change the decision regarding deliberate transboundary movement. In this case, the Party concerned shall, within thirty days, inform any notifier who has previously notified about the movements of the living modified organism referred to in this decision and the biosafety mediation mechanism, and state the arguments underlying its decision.  

       2. The exporting Party or notifier may request the Importing Party to review the decision it has taken on the matter in accordance with Article 10 if the exporting Party or notifier considers that:  

       a) there has been a change in circumstances that may affect the results of the risk assessment on the basis of which the decision was made; or  

       b) Relevant additional scientific or technical information has become available.  

       3. The importing Party shall respond to such request in writing within ninety days and state the arguments underlying such decision.  

       4. The importing Party may, at its discretion, require a risk assessment for subsequent imports.  

  Article 13 SIMPLIFIED PROCEDURE  

       1. The importing Party may, subject to taking appropriate measures to ensure the safe intentional transboundary movement of living modified organisms in accordance with the purpose of this Protocol, make arrangements in advance with the biosafety mediation mechanism.:  

       (a) Cases where deliberate cross-border movement into it may occur simultaneously with the notification of the importing Party of this movement; and  

       (b) The importation of living modified organisms into it, which are subject to exclusion from the scope of the prior informed consent procedure.  

     The notifications provided for in subparagraph (a) above may be applied in the case of subsequent similar movements in the same Direction.  

       2. The information regarding intentional cross-border movement to be provided in the notification referred to in paragraph 1 (a) above should correspond to the information specified in annex I.  

  Article 14 BILATERAL, REGIONAL AND MULTILATERAL AGREEMENTS AND ARRANGEMENTS  

       1. The Parties may conclude bilateral, regional and multilateral agreements and arrangements regarding deliberate transboundary movements of living modified organisms in accordance with the purpose of this Protocol and provided that such agreements and arrangements do not lead to a lower level of protection than that provided for in the Protocol.  

       2. The Parties shall inform each other through the biosafety mediation mechanism of any such bilateral, regional and multilateral agreements and arrangements concluded by them either before or after the date of entry into force of this Protocol.  

       3. The provisions of this Protocol shall not affect intentional cross-border movements that are carried out in accordance with such agreements and arrangements between the parties to these agreements or arrangements.  

       4. Any Party may determine that its internal regulations apply to specific imports into it and notify the biosafety clearing house of its decision.  

  Article 15 RISK ASSESSMENT  

       1. Risk assessments carried out in accordance with this Protocol shall be conducted in a scientifically sound manner in accordance with annex III and taking into account recognized risk assessment methods. Such risk assessments are based, at a minimum, on information provided in accordance with Article 8 and other available scientific evidence in order to identify and assess the possible adverse effects of living modified organisms on the conservation and sustainable use of biological diversity, taking into account also the risks to human health.  

       2. The importing Party shall ensure that risk assessments are carried out in order to make a decision in accordance with Article 10. It may require the exporter to conduct a risk assessment.  

       3. The costs associated with the risk assessment shall be borne by the notifier if the importing Party makes such a request.  

  Article 16 RISK MANAGEMENT  

       1. Taking into account paragraph (g) of Article 8 of the Convention, the Parties shall develop and maintain appropriate mechanisms, measures and strategies for managing, reducing and controlling risks, as defined in the provisions of this Protocol on risk assessment related to the use, processing and transboundary movement of living modified organisms.  

       2. Risk assessment-based measures are introduced to the extent necessary to prevent the adverse effects of living modified organisms on the conservation and sustainable use of biological diversity, taking into account also the risks to human health, within the territory of the Importing Party.  

       3. Each Party shall take appropriate measures to prevent unintended transboundary movements of living modified organisms, including measures such as requiring a risk assessment prior to the first release of a living modified organism.  

       4. Without prejudice to the provisions of paragraph 2 above, each Party shall endeavour to ensure that any living modified organism, whether imported or created therein, has undergone a sufficient observation period appropriate to its life cycle or reproduction period prior to its intended use.  

       5. The parties cooperate in order to:  

       (a) Identifying living modified organisms or specific features of living modified organisms that may have an adverse impact on the conservation and sustainable use of biological diversity, taking into account also the risks to human health; and  

       (b) Taking appropriate measures with regard to the management of such living modified organisms or specific features.  

  Article 17 UNINTENTIONAL CROSS-BORDER MOVEMENTS   AND EMERGENCY MEASURES  

       1. Each Party shall take appropriate measures to notify affected or potentially affected States, the biosafety mediation mechanism and, where appropriate, appropriate international organizations if it becomes aware of an incident in an area under its jurisdiction resulting in a release that leads or may lead to the unintended transboundary movement of a living modified organism., which may have a significant adverse impact on the conservation and sustainable use of biological diversity, taking into account the risks to human health in such States. The notification is sent as soon as this Party becomes aware of the occurrence of the above-mentioned situation.  

       2. Each Party, no later than the date of entry into force of this Protocol for that Party, shall provide the biosafety clearing house with relevant detailed information on the designation of a contact point for the purpose of receiving notifications in accordance with this article.  

       3. Any notification sent in accordance with paragraph 1 above must contain:  

       a) available relevant information on the estimated quantities and relevant characteristics and/or features of a living modified organism;  

       (b) Information on the circumstances and expected date of release, as well as on the use of the living modified organism in the Country of origin;  

       (c) Any available information on possible adverse impacts on the conservation and sustainable use of biological diversity, taking into account also the risks to human health, as well as available information on possible risk management measures;  

       (d) Any other relevant information; and  

       e) Contact point for additional information.  

       4. Each Party having jurisdiction over the source of the release of the living modified organism referred to in paragraph 1 above shall immediately consult with affected or potentially affected States so that they can identify appropriate responses and take necessary measures, including emergency measures, to minimize any significant adverse effects on conservation and sustainable use of biological diversity, taking into account the risks to human health.  

  Article 18 HANDLING, TRANSPORTATION, PACKAGING AND IDENTIFICATION  

       1. Each Party shall take the necessary measures that require that living modified organisms that are the subject of deliberate transboundary movement within the scope of this Protocol be handled, packaged and transported in compliance with safety conditions, taking into account relevant international rules and regulations, in order to prevent adverse effects on the conservation and sustainable use of biological diversity., taking into account also the risks to human health.  

       2. Each Party shall take measures according to which it is required that in the documentation accompanying:  

a) living modified organisms intended for direct use as food or feed or for processing, clearly stated that they "may contain" living modified organisms and are not intended for deliberate introduction into the environment, indicating a contact point for additional information. For this purpose, the Conference of the Parties serving as the Meeting of the Parties to this Protocol shall decide on detailed requirements, including those relating to identification data and any exceptional features, no later than two years after the date of entry into force of this Protocol.;  

       (b) Living modified organisms intended for use in closed systems, they have been clearly defined as living modified organisms, indicating any requirements for safe handling, storage, transportation and use, a contact point for additional information, including the name and address of the person and the name of the institution to which the living modified organisms are sent; and  

       (c) Living modified organisms intended for deliberate introduction into the environment of the Importing Party and any other living modified organisms falling within the scope of the Protocol, they are clearly defined as living modified organisms, indicating identification data and relevant signs and/or characteristics, any requirements related to safe handling, storage, transportation and use, a contact point for additional information and, where appropriate,, the name and address of the importer and exporter and, if there is a declaration that the transfer is carried out in accordance with the requirements of this Protocol applicable to the exporter.  

       3. The Conference of the Parties serving as the Meeting of the Parties to this Protocol shall consider the need and conditions for the development of standards on identification, processing, packaging and transport methods in consultation with other relevant international bodies.  

  Article 19 COMPETENT NATIONAL AUTHORITIES AND NATIONAL   COORDINATION CENTERS  

       1. Each Party shall designate one national focal point, which on its behalf is responsible for liaison with the secretariat. Each Party shall also designate one or more competent national authorities responsible for performing the administrative functions required by this Protocol and authorized to act on its behalf in relation to these functions. A Party may designate one body to perform the functions of both the coordinating center and the competent national authority.  

       2. Each Party shall, no later than the date of entry into force of this Protocol for it, notify the secretariat of the names and addresses of its focal point and competent national authority or authorities. If a Party designates more than one competent national authority, it shall send to the secretariat, together with its notification of them, appropriate information concerning the respective responsibilities of such authorities. Where applicable, such information, at a minimum, indicates which competent authority is involved in a particular type of living modified organism. Each Party shall promptly inform the secretariat of any changes in the designation of its national focal point or the name, address and responsibilities of its competent national authority or authorities.  

       3. The Secretariat shall immediately inform the Parties of the notifications it has received in accordance with paragraph 2 above, as well as provide such information through the biosafety clearing house.  

  Article 20 INFORMATION EXCHANGE AND MEDIATION MECHANISM   ON BIOSAFETY  

       1. A biosafety mediation mechanism is hereby established as part of the mediation mechanism established in accordance with paragraph 3 of Article 18 of the Convention, with the aim of:  

       (a) Facilitating the exchange of scientific, technical, environmental and legal information and experience on living modified organisms; and  

       (b) To assist Parties in the implementation of the Protocol, taking into account the special needs of developing country Parties, in particular the least developed and small island developing States among them, and countries with economies in transition, as well as countries that are centers of origin and centers of genetic diversity.  

       2. The Biosafety Mediation Mechanism serves as a channel through which information is disseminated for the purposes of paragraph 1 above. It provides access to information provided by the Parties related to the implementation of the Protocol. It also provides access, where possible, to other international information exchange mechanisms in the field of biosafety.  

       3. Without prejudice to the protection of confidential information, each Party shall provide the biosafety mediation mechanism with any information required to be provided to the biosafety mediation mechanism in accordance with this Protocol, and:  

       (a) Any existing laws, regulations and guidelines for the implementation of the Protocol, as well as information necessary for the Parties to apply the prior informed consent procedure;  

       (b) Any bilateral, regional and multilateral agreements and arrangements;  

       (c) A summary of the outcomes of its risk assessments or environmental reviews of living modified organisms conducted as part of its regulatory process and carried out in accordance with article 15, including, where appropriate, relevant information on products containing them, namely processed materials originating from a living modified organism and containing detectable new combinations of reproducible genetic material. materials obtained as a result of the use of modern biotechnology;  

       (d) Its final decision regarding the import or release of living modified organisms; and  

       (e) The reports submitted by it in accordance with article 33, including reports on the implementation of the prior informed consent procedure.  

       4. The modalities for the functioning of the biosafety clearing house, including reporting on its activities, shall be reviewed and adopted by the Conference of the Parties serving as the Meeting of the Parties to this Protocol at its first meeting and reviewed periodically thereafter.  

  Article 21 CONFIDENTIAL INFORMATION  

       1. The importing Party shall allow the notifier to indicate which information provided in accordance with the procedures of this Protocol or requested by the importing Party as part of the prior informed consent procedure under this Protocol should be considered confidential. In such cases, justification is provided upon request.  

       2. The importing Party shall consult with the notifier if it decides that information indicated by the notifier as confidential cannot be considered as such, and shall inform the notifier of its decision prior to any disclosure, stating, upon request, the relevant reasons and providing an opportunity for consultations and internal review of the decision prior to disclosure.  

       3. Each Party shall ensure the protection of confidential information obtained under this Protocol, including any confidential information obtained in the context of the prior informed consent procedure provided for in the Protocol. Each Party shall ensure that it has procedures in place to protect such information and protects the confidentiality of such information in a manner no less reliable than that provided for confidential information concerning its own living modified organisms.  

       4. The importing Party does not use such information for commercial purposes, except with the written consent of the notifier.  

       5. If the notifier withdraws or has withdrawn the notification, the Importing Party respects the confidentiality of commercial and industrial information, including information on research and development, as well as information on which that Party and the notifier have disagreements regarding its confidentiality.  

       6. Without prejudice to paragraph 5 above, the following information is not considered confidential:  

       a) the name and address of the notifier;  

       b) a general description of a living modified organism or organisms;  

       (c) A summary of the assessment of the risks of adverse impacts on the conservation and sustainable use of biological diversity, taking into account also the risks to human health; and  

       d) any methods and contingency plans.  

  Article 22 CAPACITY-BUILDING  

       1. The Parties shall cooperate in the development and/or strengthening of human resources and institutional capacities in the field of biosafety, including biotechnology, to the extent required for biosafety, with a view to the effective implementation of this Protocol in developing country Parties, in particular least developed countries and small island developing States among them, and in the Parties countries with economies in transition, including through existing global, regional, sub-regional and national institutions and organizations, and, where appropriate, facilitating the involvement of the private sector.  

2. For the purposes of implementing paragraph 1 above, with regard to cooperation, the needs of developing country Parties, in particular the least developed countries and small island developing States among them, for financial resources, access and transfer of technology and know-how, in accordance with the relevant provisions of the Convention, are fully taken into account in capacity-building in the field of biosafety. Depending on the different conditions, capabilities and needs of each Party, cooperation in capacity-building includes the training of scientific and technical personnel on the appropriate and safe use of biotechnology, the use of risk assessments and risk management in the interests of biosafety, as well as the expansion of technological and organizational capabilities in the field of biosafety. The needs of Parties with economies in transition are also fully taken into account in building such biosafety capacities.  

  Article 23 PUBLIC INFORMATION AND PARTICIPATION  

       1. The Parties:  

       (a) Promote and facilitate public awareness, education and participation regarding the safety of the transfer, processing and use of living modified organisms in relation to the conservation and sustainable use of biological diversity, taking into account also the risks to human health. At the same time, the Parties, if necessary, cooperate with other States and international bodies.;  

       (b) Make efforts to ensure that public awareness and education activities cover issues of access to information on identified living modified organisms that may be imported in accordance with this Protocol.  

       2. The Parties, following their respective laws and regulations, consult with the public in the decision-making process regarding living modified organisms and make the results of such decisions available to the public, while ensuring the protection of confidential information in accordance with article 21.  

       3. Each Party shall make efforts to inform its public about the means of public access to the biosafety mediation mechanism.  

  Article 24 STATES THAT ARE NOT PARTIES  

       1. Transboundary movements of living modified organisms between Parties and non-Parties should be consistent with the purpose of this Protocol. The Parties may conclude bilateral, regional and multilateral agreements and arrangements with non-Parties regarding such cross-border movements.  

       2. The Parties encourage non-Parties to accede to this Protocol and to provide the biosafety clearing house with relevant information on living modified organisms released in or imported into or exported from areas under their national jurisdiction.  

  Article 25 ILLEGAL CROSS-BORDER MOVEMENTS  

       1. Each Party shall take appropriate internal measures aimed at preventing and, where appropriate, penalizing transboundary movements of living modified organisms carried out in violation of its internal measures to implement this Protocol. Such movements are considered illegal.  

       2. In the case of illegal cross-border movement, the affected Party may require the Party of origin to remove, at its own expense, the relevant living modified organism through repatriation or destruction, as appropriate.  

       3. Each Party shall provide the biosafety clearing house with information on cases of illegal cross-border movements concerning it.  

  Article 26 SOCIO-ECONOMIC CONSIDERATIONS  

       1. When making an import decision under this Protocol or domestic measures aimed at implementing the Protocol, the Parties, in accordance with their international obligations, may take into account socio-economic considerations resulting from the adverse effects of living modified organisms on the conservation and sustainable use of biological diversity, primarily with regard to the value of biological diversity for indigenous and local communities.  

       2. The Parties are encouraged to cooperate in conducting scientific research and exchanging information on any socio-economic consequences associated with living modified organisms, primarily for local and indigenous communities.  

  Article 27 LIABILITY AND COMPENSATION  

     The Conference of the Parties serving as the Meeting of the Parties to this Protocol, at its first meeting, shall initiate a process for the appropriate development of international rules and procedures in the field of liability and compensation for damage caused by transboundary movements of living modified organisms, based on an analysis and due consideration of current processes in international law on these issues, and shall make efforts to completion of this process within four years.  

  Article 28 FINANCING MECHANISM AND FINANCIAL RESOURCES  

     1. When considering financial resources for the implementation of this Protocol, the Parties shall take into account the provisions of article 20 of the Convention.  

     2. The financial mechanism established in accordance with article 21 of the Convention is, through the organizational structure entrusted with its management, the financial mechanism for this Protocol.  

       3. With regard to capacity-building, which is the subject of Article 22 of this Protocol, the Conference of the Parties serving as the Meeting of the Parties to this Protocol, when providing guidance on the financial mechanism referred to in paragraph 2 above, for consideration by the Conference of the Parties, shall take into account the financial resource needs of developing country Parties, and in particular least developed countries, and small island developing States are among them.  

       4. In the context of paragraph 1 above, the Parties shall also take into account the needs of developing country Parties, in particular least developed countries and small island developing States among them, and Parties with economies in transition, as part of their efforts to identify and implement their capacity-building needs for the implementation of this Protocol.  

       5. The guidance provided to the financial mechanism of the Convention in relevant decisions of the Conference of the Parties, including those formulated prior to the adoption of this Protocol, shall apply mutatis mutandis to the provisions of this article.  

       6. Developed country Parties may also provide, and developing country Parties and Parties with economies in transition may receive, through bilateral, regional and multilateral channels, financial and technological resources for the implementation of the provisions of this Protocol.  

  Article 29 THE CONFERENCE OF THE PARTIES SERVING AS THE MEETING OF THE PARTIES TO THIS PROTOCOL  

       1. The Conference of the Parties shall serve as the Meeting of the Parties to this Protocol.  

       2. Parties to the Convention that are not Parties to this Protocol may participate as observers in any meeting of the Conference of the Parties serving as the Meeting of the Parties to this Protocol. In the event that the Conference of the Parties serves as the Meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by the participants who are Parties to it.  

       3. When the Conference of the Parties serves as the Meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention, which, however, is not at that time a Party to this Protocol, shall be replaced by a member elected by and from among the Parties to this Protocol.  

       4. The Conference of the Parties serving as the Meeting of the Parties to this Protocol shall regularly monitor the implementation of the provisions of this Protocol and take, within its mandate, decisions necessary to facilitate its effective implementation. It performs the functions assigned to it in accordance with this Protocol, and:  

       (a) Make recommendations on any matters necessary for the implementation of this Protocol;  

       (b) Establish such subsidiary bodies as are deemed necessary to implement the provisions of this Protocol;  

       (c) Requests and uses, as appropriate, services, assistance and information from competent international organizations, intergovernmental and non-governmental bodies;  

       (d) Determine the form and frequency of the information to be provided in accordance with article 33 of this Protocol and consider such information, as well as reports submitted by any subsidiary body;  

       (e) Consider and adopt, as appropriate, amendments to this Protocol and its annexes, as well as any additional annexes to this Protocol deemed necessary for the implementation of this Protocol;  

       (f) Performs such other functions as may be required for the implementation of this Protocol.  

       5. The rules of procedure of the Conference of the Parties, as well as the financial rules of the Convention, shall apply mutatis mutandis to this Protocol, unless the Conference of the Parties serving as the Meeting of the Parties to this Protocol may decide otherwise by consensus.  

6. The first meeting of the Conference of the Parties serving as the Meeting of the Parties to this Protocol shall be convened by the secretariat together with the first meeting of the Conference of the Parties scheduled after the date of entry into force of this Protocol. Subsequent ordinary meetings of the Conference of the Parties serving as the Meeting of the Parties to this Protocol shall be held together with ordinary meetings of the Conference of the Parties, unless the Conference of the Parties serving as the Meeting of the Parties to this Protocol decides otherwise.  

       7. Extraordinary meetings of the Conference of the Parties serving as the Meeting of the Parties to this Protocol shall be convened when the Conference of the Parties serving as the Meeting of the Parties to this Protocol may deem it necessary, or at the written request of any Party, provided that, within six months of the request being sent by the secretariat to the Parties, this request is not supported less than one third of the Parties.  

       8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any Member State or observers to them that are not Parties to the Convention, may be represented at meetings of the Conference of the Parties serving as the Meeting of the Parties to this Protocol as observers. Any bodies or institutions, national or international, governmental or non-governmental, with competence in matters covered by this Protocol, which have notified the secretariat of their desire to be represented as observers at a meeting of the Conference of the Parties serving as the Meeting of the Parties to this Protocol, may be admitted to participate in it, unless objected to. at least one third of the Parties present. Except in other cases provided for in this article, the admission and participation of observers shall be governed by the rules of procedure referred to in paragraph 5 above.  

  Article 30 SUBSIDIARY BODIES  

       1. Any subsidiary body established by or under the Convention may, in accordance with a decision of the Conference of the Parties serving as the Meeting of the Parties to this Protocol, provide services to the Protocol, in which case the Meeting of the Parties shall determine the functions to be performed by that body.  

       2. Parties to the Convention that are not Parties to this Protocol may participate as observers in any meeting of any such subsidiary bodies. In cases where the subsidiary body of the Convention acts as a subsidiary body of this Protocol, decisions under the Protocol are taken only by the Parties to the Protocol.  

       3. In cases where a subsidiary body of the Convention performs its functions in connection with matters relating to this Protocol, any member of the bureau of such subsidiary body representing a Party to the Convention, which at that time, however, is not a Party to the Protocol, shall be replaced by a member elected by and from among the Parties to the Protocol.  

  Article 31 THE SECRETARIAT  

     1. The secretariat established in accordance with article 24 of the Convention shall act as the secretariat of this Protocol.  

       2. Paragraph 1 of article 24 of the Convention on the functions of the secretariat shall apply mutatis mutandis to this Protocol.  

       3. To the extent that the costs of the services provided by the secretariat to this Protocol are different from other costs, they shall be borne by the Parties to this Protocol. The Conference of the Parties serving as the Meeting of the Parties to this Protocol, at its first meeting, shall decide on the appropriate budgetary measures necessary for this purpose.  

  Article 32 RELATION TO THE CONVENTION  

     Unless otherwise provided in this Protocol, the provisions of the Convention relating to its Protocols shall apply to this Protocol.  

  Article 33 MONITORING AND REPORTING  

     Each Party shall monitor the implementation of its obligations under this Protocol and, at intervals determined by the Conference of the Parties serving as the Meeting of the Parties to this Protocol, report to the Conference of the Parties serving as the Meeting of the Parties to this Protocol on the measures it has taken to implement the Protocol.  

  Article 34 COMPLIANCE  

     The Conference of the Parties serving as the Meeting of the Parties to this Protocol, at its first meeting, shall review and approve procedures and organizational mechanisms used in a spirit of cooperation to promote compliance with the provisions of this Protocol and to address cases of non-compliance. Such procedures and mechanisms include provisions for the provision of advisory services or assistance, as appropriate. They are used independently of and without prejudice to the dispute settlement procedures and mechanisms established in accordance with article 27 of the Convention.  

  Article 35 ASSESSMENT AND REVIEW  

     The Conference of the Parties serving as the Meeting of the Parties to this Protocol shall, five years after the entry into force of this Protocol and thereafter at least every five years, evaluate the effectiveness of the Protocol, including an assessment of its procedures and annexes.  

  Article 36 SIGNATURE  

     This Protocol shall be open for signature by States and regional economic integration organizations at the United Nations Office at Nairobi from 15 to 26 May 2000 and at United Nations Headquarters in New York from 5 June 2000 to 4 June 2001.  

  Article 37 ENTRY INTO FORCE  

       1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession by States or regional economic integration organizations that are Parties to the Convention.  

       2. For a State or regional economic integration organization that ratifies, accepts, approves or accedes to this Protocol after its entry into force in accordance with paragraph 1 above, the Protocol shall enter into force on the ninetieth day after the deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession. or on the day when the Convention enters into force for such a State or regional economic integration organization, depending on, which will come later.  

       3. For the purposes of paragraphs 1 and 2 above, none of the documents deposited by a regional economic integration organization shall be considered additional to those deposited by the member States of such organization.  

  Article 38 RESERVATIONS  

     No reservations to this Protocol are permitted.  

  Article 39 WITHDRAWAL  

       1. At any time after two years from the date of entry into force of this Protocol for a Party, that Party may withdraw from the Protocol by sending a written notification to the Depositary.  

       2. Such withdrawal shall take effect one year after the date of receipt of the notification by the Depositary or at such later date as may be specified in the notification of withdrawal.  

  Article 40 AUTHENTIC TEXTS  

     The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.  

     IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.  

     DONE at Montreal, this twenty-ninth day of January, two thousandth year.  

  Annex I INFORMATION REQUIRED BY NOTIFICATIONS IN ACCORDANCE WITH ARTICLES 8, 10 AND 13  

a) The name, address and contact details of the exporter.         b) The name, address and contact details of the importer.         c) The name, identification data, and national classification of the safety level, if any, of the living modified organism in the State of export.         (d) The estimated date or dates of the cross-border movement, if known.         e) Taxonomic status, common name, point of collection or acquisition, as well as characteristics of the recipient organism or parent organisms related to biosafety.         (f) Centers of origin and centers of genetic diversity, if known, of the recipient organism and/or parent organisms, and a description of the habitats in which the organisms may have conditions for survival or rapid reproduction.         g) Taxonomic status, common name, collection or acquisition point, and biosafety-related characteristics of the donor organism or donor organisms.         h) A description of the nucleic acid or introduced modification, the method used, as well as the obtained characteristics of a living modified organism.         i) The intended use of a living modified organism or products containing it, i.e. processed materials originating from a living modified organism and containing detectable new combinations of reproducible genetic material that are obtained as a result of the application of modern biotechnology.         j) The quantity or volume of a living modified organism to be transferred.         (k) A previous or existing risk assessment report conducted in accordance with annex III.         (l) Proposed methods for ensuring safe handling, storage, transportation and use, including procedures for packaging, labeling, documentation, disposal and emergency response, where appropriate.         m) The regulatory status of the living modified organism within the territory of the exporting State (for example, whether it is prohibited in the exporting State; whether there are other restrictions; or whether permission has been given for its general release) and, in the case of a ban on a living modified organism in the State of export, a statement of the reason or reasons underlying such a ban.         n) The result of any notification sent by the exporter to other Governments regarding the living modified organism to be transferred, and the purpose of sending such notification.         o) A statement confirming the factual accuracy of the information.  

  Annex II INFORMATION REQUIRED IN RELATION TO LIVING MODIFIED ORGANISMS INTENDED FOR DIRECT USE AS FOOD OR FEED OR FOR PROCESSING IN ACCORDANCE WITH ARTICLE 11  

     a) The name and contact details of the subject submitting the application for internal use.         b) The name and contact details of the decision-making body.         c) The name and identification data of a living modified organism.         d) A description of the gene modification, the method used and the resulting characteristics of a living modified organism.         e) Any exclusive identification data of a living modified organism.         f) Taxonomic status, common name, point of collection or acquisition, as well as biosafety-related characteristics of the recipient organism or parent organisms.         g) Centers of origin and centers of genetic diversity, if known, of the recipient organism and/or parent organisms, and a description of the habitats in which the organisms may have conditions for survival or rapid reproduction.         (h) Taxonomic status, common name, collection or acquisition point, and biosafety-related characteristics of the donor organism or donor organisms.         i) Approved uses of a living modified organism.         (j) Risk assessment report in accordance with annex III.         (k) Proposed methods of safe handling, storage, transportation and use, including, where appropriate, packaging, labeling, documentation, disposal procedure and emergency procedure.  

  Annex III   RISK ASSESSMENT  

     Objective 1. The purpose of conducting a risk assessment in accordance with this Protocol is to identify and assess the potential adverse effects of living modified organisms on the conservation and sustainable use of biological diversity in a potential host environment, taking into account the risks to human health.  

     Using risk assessment 2. The results of the risk assessment are used, in particular, by the competent authorities to make informed decisions about living modified organisms.  

     Basic principles 3. Risk assessment should be carried out in a scientifically sound and transparent manner, and it can take into account expert recommendations and guidelines developed by relevant international organizations.         4. The absence of scientific knowledge or scientific consensus should not necessarily be interpreted as indicating a certain level of risk, absence of risk, or acceptability of risk.         5. Risks associated with living modified organisms or products containing them, i.e. processed materials originating from a living modified organism and containing detectable new combinations of reproducible genetic material that result from the use of modern biotechnology should be considered in the context of risks caused by unmodified recipients or parent organisms in a likely potential host environment.         6. Risk assessment should be carried out on an individual basis. The required information may vary in nature and level of detail in each specific case, depending on the relevant living modified organism, its intended use, and the likely potential host environment.  

     Method 7. On the one hand, additional information on specific issues may be required for risk assessment, which may be identified and requested during the assessment process, and on the other hand, in some cases information on other aspects may not be relevant.         8. To achieve this goal, the risk assessment should include, if necessary, the following steps: a) identification of any new genotypic and phenotypic characteristics associated with a living modified organism that may adversely affect biological diversity in a likely potential host environment, taking into account the risks to human health.;         (b) An assessment of the degree of probability of the actual occurrence of such adverse effects, taking into account the intensity and nature of the impact of a living modified organism on a likely potential host environment; (c) An assessment of the consequences if such an adverse effect does occur; (d) An assessment of the cumulative risk caused by a living modified organism based on an assessment of the likelihood and the consequences of the identified adverse effects;         (e) Making recommendations on whether risks are acceptable or manageable, including, if necessary, identifying strategies to manage such risks; and (f) in cases where there is uncertainty about the level of risk, the situation can be resolved by requesting additional information on specific issues of concern or by implementing appropriate regulatory strategies risks and/or monitoring of a living modified organism in the host environment.  

     Accounting issues 9. Depending on the case, the risk assessment takes into account detailed relevant scientific and technical data on the characteristic elements of the following aspects: a) recipient organism or parent organisms. Biological characteristics of the recipient organism or parent organisms, including information on taxonomic status, common name, origin, centers of origin and centers of genetic diversity, if known, and a description of habitats in which organisms may have conditions for survival or rapid reproduction; b) the donor organism or donor organisms. Taxonomic status and generally accepted name, source and corresponding biological characteristics of donor organisms; c) vector . The characteristics of the vector, including its identification data, if any, its source of origin and its circle of hosts; d) insertion or insertions and/or modification characteristics. The genetic characteristics of the introduced nucleic acid and the function and/or characteristics of the introduced modification determined by it; e) a living modified organism. Identification data of a living modified organism and differences between the biological characteristics of a living modified organism and those of the recipient organism or parent organisms;         f) detection and identification of a living modified organism . Proposed detection and identification methods and their accuracy, sensitivity and reliability; g) information regarding the intended use. Information regarding the intended use of the living modified organism, including a new or modified use compared to the recipient organism or parent organisms; and (h) the host environment. Information on location, geographical, climatic, and environmental characteristics, including relevant information on biological diversity and centers of origin in the most likely potential host environment.  

I hereby certify that this text is a certified copy of the certified copy of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, done in Montreal on January 29, 2000.  

     Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev  

  The Convention   "On Biological Diversity" (Rio de Janeiro. June 5, 1992)  

  The preamble  

     The Contracting Parties,  

     Aware of the enduring value of biological diversity, as well as the ecological, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic significance of biological diversity and its components, Aware also of the great importance of biological diversity for the evolution and conservation of life-sustaining systems of the biosphere, reaffirming that the conservation of biological diversity is a common task of all mankind, once again Affirming that States have sovereign rights over their own biological resources, Reaffirming also, That States are responsible for the conservation of their biological diversity and the sustainable use of their biological resources, Concerned that biological diversity is being significantly reduced as a result of certain human activities, aware of the general lack of information and knowledge related to biological diversity and the urgent need to develop scientific, technical and organizational capacities to ensure a common understanding of this challenges, which will serve as a basis for planning and implementing appropriate measures, noting, that it is necessary to anticipate, prevent and eliminate the causes of significant reduction or loss of biological diversity at their source, noting also that in cases where there is a threat of significant reduction or loss of biological diversity, the absence of indisputable scientific facts should not serve as a reason for postponing measures to eliminate or minimize such a threat, noting further that The main condition for the conservation of biological diversity is the preservation of in-situ ecosystems and natural habitats., Maintaining and restoring viable populations of species in their natural settings, further noting that ex-situ measures, preferably in the country of origin, are also important, recognizing the large and traditional dependence of many local communities and indigenous populations that preserve traditional lifestyles on biological resources, and the desirability of equitable sharing benefits associated with the use of traditional knowledge, innovations and practices, relevant to the conservation of biological diversity and the sustainable use of its components, recognizing also the vital role of women in the conservation and use of biological diversity, and reaffirming the need for the full participation of women in the formulation and implementation of policies for the conservation of biological diversity at all levels, emphasizing the importance and need to promote international, regional and global cooperation between States and intergovernmental organizations and the non-governmental sector in the conservation of biological diversity and the sustainable use of its components, Recognizing that through the provision of new and additional financial resources and adequate access to appropriate technologies, it will be possible to significantly expand the opportunities available in the world to address the problem of loss of biological diversity, further recognizing that special provision to meet the needs of developing countries, including the provision of new and additional financial resources and adequate access to appropriate technologies, noting in this regard the special circumstances of least developed countries and small island States, recognizing that the conservation of biological diversity requires significant investments and that a large number of environmental, economic and social benefits are expected from such investments, recognizing that economic and social social development and poverty eradication are the first and foremost tasks of developing countries, realizing, That the conservation and sustainable use of biological diversity is crucial to meet the food and health needs, as well as other needs of the growing world's population, and that access to and sharing of both genetic resources and technologies are essential to address these challenges, noting that, ultimately, the conservation and sustainable use of biological diversity It will strengthen friendly relations between States and promote peace for all mankind., Desiring to strengthen and complement existing international agreements on the conservation of biological diversity and the sustainable use of its components, and determined to preserve and sustainably use biological diversity for the benefit of present and future generations, have agreed as follows:  

     Article 1. Objectives  

     The objectives of this Convention, which should be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of benefits associated with the use of genetic resources, including through the provision of necessary access to genetic resources and through the appropriate transfer of appropriate technologies, taking into account all rights to such resources and technologies, as well as through proper financing.  

     Article 2. Use of terms  

     For the purposes of this Convention:  

       "Biological diversity" means the variability of living organisms from all sources, including, but not limited to, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this concept includes diversity within species, between species and ecosystem diversity.  

       "Biological resources" include genetic resources, organisms or parts thereof, populations, or any other biotic components of ecosystems that have actual or potential utility or value to humanity.  

       "Biotechnology" means any type of technology involving the use of biological systems, living organisms or their derivatives to manufacture or modify products or processes for their specific use.  

       "Country of origin of genetic resources" means the country that possesses these genetic resources in situ.  

       "Country providing genetic resources" means a country providing genetic resources collected from in-situ sources, including populations of both wild and domesticated species, or obtained from ex-situ sources, regardless of whether they originate from that country or not.  

       "Domesticated or cultivated species" means species whose evolutionary process is influenced by humans in order to meet their needs.  

       "Ecosystem" means a dynamic complex of communities of plants, animals and microorganisms, as well as their inanimate environment, interacting as a single functional whole.  

       "Ex situ conservation" means the conservation of components of biological diversity outside their natural habitats.  

       "Genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity.  

       "Genetic resources" means genetic material of actual or potential value.  

       "Habitat" means the type of area or place of natural habitat of an organism or population.  

       "In-situ conditions" means the conditions in which genetic resources exist within ecosystems and natural habitats, and, in the case of domesticated or cultivated species, in the environment in which they have acquired their distinctive characteristics.  

       "In-situ conservation" means the conservation of ecosystems and natural habitats, as well as the maintenance and restoration of viable populations of species in their natural environment, and, in the case of domesticated or cultivated species, in the environment in which they acquired their distinctive characteristics.  

       "Protected area" means a geographically designated area that is allocated, regulated and used to achieve specific environmental objectives.  

       "Regional economic Integration organization" means an organization established by the sovereign States of a given region to which its member States have delegated authority on matters governed by this Convention and which is duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the Convention.  

       "Sustainable use" means the use of components of biological diversity in a manner and at a pace that does not lead to the depletion of biological diversity in the long term, thereby preserving its ability to meet the needs of present and future generations and meet their aspirations.  

       "Technology" includes biotechnology.  

     Article 3. The principle  

In accordance with the Charter of the United Nations and the principles of international law, States have the sovereign right to develop their own resources in accordance with their environmental policies and are responsible for ensuring that activities within their jurisdiction or under their control do not harm the environment of other States or areas beyond their national jurisdiction.  

     Article 4. Scope of jurisdiction  

     Subject to the rights of other States and unless expressly provided otherwise in this Convention, the provisions of this Convention shall apply to each Contracting Party.:  

       (a) With regard to the components of biological diversity within its national jurisdiction; and  

       b) with regard to processes and activities, regardless of the place of manifestation of their consequences, carried out under its jurisdiction or control, both within its national jurisdiction and outside its national jurisdiction.  

     Article 5. Cooperation  

     Each Contracting Party, to the extent possible and appropriate, shall cooperate with other Contracting Parties directly or, if appropriate, through competent international organizations, with respect to areas beyond national jurisdiction and on other matters of mutual interest for the conservation and sustainable use of biological diversity.  

     Article 6. General conservation and sustainable use measures  

     Each Contracting Party in accordance with its specific conditions and capabilities:  

       (a) Develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity or adapt to this end existing strategies, plans or programmes that reflect, in particular, the measures set out in this Convention relevant to the relevant Contracting Party; and  

       (b) Include, as far as possible and appropriate, measures for the conservation and sustainable use of biological diversity in relevant sectoral or intersectoral plans, programmes and policies.  

     Article 7. Definition and monitoring  

     Each Contracting Party, to the extent possible and appropriate, in particular for the purposes of Articles 8-10:  

     (a) Identifies the components of biological diversity that are important for its conservation and sustainable use, taking into account the indicative list of categories provided in See Appendix I ;  

       (b) Through sampling and other methods, monitor the components of biological diversity identified in accordance with subparagraph (a) above, paying particular attention to those that require urgent conservation measures, as well as those that offer the greatest opportunities for sustainable use.;  

       (c) Identify processes and categories of activities that have or may have significant adverse effects on the conservation and sustainable use of biological diversity and monitor their effects through sampling and other methods; and  

       (d) Collects and systematizes in one way or another the data obtained as a result of identification and monitoring activities in accordance with subparagraphs (a), (b) and (c) above.  

     Article 8. In-situ conservation  

     Each Contracting Party, to the extent possible and appropriate:  

       (a) Establish a system of protected areas or areas in which special measures must be taken to conserve biological diversity;  

       (b) Develop, as appropriate, guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity;  

       (c) Manage or rationally use biological resources that are important for the conservation of biological diversity in protected areas or beyond, in order to ensure their conservation and sustainable use;  

       (d) Promotes the protection of ecosystems, natural habitats and the conservation of viable populations of species in natural conditions;  

       (e) Promotes environmentally sound and sustainable development in areas adjacent to protected areas in order to facilitate the protection of these areas;  

       (f) Take measures for the rehabilitation and restoration of degraded ecosystems and promote the restoration of endangered species, in particular through the development and implementation of management plans and other strategies;  

       (g) Establish or maintain means of regulating, controlling or limiting the risks associated with the use and release of living modified organisms resulting from biotechnology that may have harmful environmental effects that may affect the conservation and sustainable use of biological diversity, taking into account also the risks to human health;  

       h) prevents the introduction of alien species that threaten ecosystems, habitats or species, controls or destroys such alien species;  

       (i) Strives to create the conditions necessary to ensure the compatibility of existing uses with the conservation of biological diversity and the sustainable use of its components;  

       (j) In accordance with its national legislation, ensure respect for, preserve and maintain the knowledge, innovations and practices of indigenous and local communities reflecting traditional lifestyles that are relevant to the conservation and sustainable use of biological diversity, and promote their wider application with the approval and participation of holders of such knowledge, innovations and practices, and Encourages the fair sharing of benefits arising from the application of such knowledge, innovations and practices;  

       (k) Develop or implement the necessary legislation and/or other regulatory provisions for the protection of endangered species and populations;  

       (l) In cases where a significant adverse impact on biological diversity has been established in accordance with Article 7, regulates or regulates the relevant processes and categories of activities; and  

       (m) Cooperate in providing financial and other support for in-situ conservation measures outlined in subparagraphs (a) to (l) above, especially in developing countries.  

     Article 9. Ex-situ conservation  

     Each Contracting Party, to the extent possible and appropriate; and, first of all, in order to complement in-situ measures.:  

       (a) Take measures to preserve ex situ components of biological diversity, preferably in the country of origin of such components;  

       (b) Creates and maintains conditions for the conservation and ex situ research of plants, animals and microorganisms, preferably in the country of origin of the genetic resources;  

       (c) Take measures for the conservation and rehabilitation of endangered species and for their reintroduction to their natural habitats under appropriate conditions;  

       (d) Regulate and regulate the collection of biological resources from natural habitats for ex situ conservation purposes so as not to endanger ecosystems and populations of in situ species, except in cases where special temporary ex situ measures are required in accordance with subparagraph (c) above; and  

       (e) Cooperate in providing financial and other support for ex situ conservation measures outlined in subparagraphs (a) to (d) above, as well as in creating and maintaining conditions for ex situ conservation in developing countries.  

     Article 10. Sustainable use of components of biological diversity  

     Each Contracting Party, to the extent possible and appropriate:  

       (a) Provides for consideration of issues of conservation and sustainable use of biological resources in the decision-making process at the national level;  

       (b) Take measures in the field of the use of biological resources in order to prevent or minimize adverse impacts on biological diversity;  

       (c) Preserves and promotes traditional ways of using biological resources in accordance with established cultural practices that are compatible with the requirements of conservation or sustainable use;  

       (d) Supports the local population in developing and implementing remedial measures in affected areas where biodiversity has declined; and  

       (e) Encourages cooperation between government authorities and the private sector in their country in developing methods for the sustainable use of biological resources.  

     Article 11. Incentive measures  

     Each Contracting Party shall, to the extent possible and appropriate, take economically and socially justified measures to promote the conservation and sustainable use of components of biological diversity.  

     Article 12. Research and personnel training  

     The Contracting Parties, taking into account the special needs of developing countries:  

       (a) Develop and implement scientific and technical education and training programmes for the implementation of measures for the identification, conservation and sustainable use of biological diversity and its components, and support such education and training to meet the specific needs of developing countries;  

(b) Promote and encourage research that contributes to the conservation and sustainable use of biological diversity, especially in developing countries, in particular in accordance with decisions of the Conference of the Parties based on recommendations of the Subsidiary Body on Scientific, Technical and Technological Advice; and  

       (c) In accordance with the provisions of Articles 16, 18 and 20, encourage the use of scientific results obtained from research on biological diversity in the development of methods for the conservation and sustainable use of biological resources and cooperate in the use of such results.  

     Article 13. Public education and awareness-raising  

     The Contracting Parties:  

       (a) Promote and encourage understanding of the importance of the conservation of biological diversity and the measures required for this, as well as its promotion through the media and the inclusion of these issues in educational curricula; and  

       (b) Cooperate, as appropriate, with other States and international organizations in developing training and awareness-raising programmes on the conservation and sustainable use of biological diversity.  

     Article 14. Impact assessment and minimization of adverse effects  

       1. Each Contracting Party, as far as possible and appropriate:  

       (a) Implement appropriate procedures requiring an environmental assessment of its proposed projects that may have significant adverse impacts on biological diversity in order to prevent or minimize such impacts, and, where appropriate, provide opportunities for public participation in such procedures;  

       (b) Take appropriate measures to ensure that due consideration is given to the environmental impacts of its programmes and policies, which may have a significant adverse impact on biological diversity;  

       (c) Facilitate, on the basis of reciprocity, notification, exchange of information and consultation on activities within its jurisdiction or under its control that may have a significant adverse impact on biological diversity in other States or areas beyond national jurisdiction, by encouraging the conclusion of bilateral, regional or multilateral agreements, as appropriate;  

       (d) In the event of imminent or serious danger or damage, the sources of which are under its jurisdiction or control, to biological diversity in an area under the jurisdiction of other States or in areas beyond national jurisdiction, immediately notify States that may be affected by such danger or damage, and take measures to prevent or minimize such danger or damage;  

       (e) Promote national emergency response measures to actions or events caused by natural or other causes that pose a serious and imminent threat to biological diversity and encourage international cooperation to complement such national efforts and, where appropriate and agreed with interested States or regional economic integration organizations, develop joint contingency plans.  

       2. The Conference of the Parties shall consider, on the basis of ongoing research, the issue of liability and remedial measures, including restoration and compensation for damage to biological diversity, except in cases where such liability is a purely internal matter.  

     Article 15. Access to genetic resources  

       1. Due to the recognition of sovereign rights over their natural resources, the right to determine access to genetic resources belongs to national Governments and is regulated by national legislation.  

       2. Each Contracting Party shall strive to create conditions to facilitate access to genetic resources for environmentally sound use by other Contracting Parties and not to impose restrictions that contradict the objectives of this Convention.  

       3. For the purposes of this Convention, the genetic resources provided by a Contracting Party referred to in this Article and in Articles 16 and 19 include only those provided by Contracting Parties that are the countries of origin of such resources or by Parties that have received these genetic resources in accordance with this Convention.  

       4. Access, if granted, is provided on mutually agreed terms and is governed by the provisions of this Article.  

       5. Access to genetic resources is regulated on the basis of the prior informed consent of the Contracting Party providing such resources, unless that Party decides otherwise.  

       6. Each Contracting Party shall strive to prepare and conduct scientific research based on genetic resources provided by other Contracting Parties, with their full participation and, whenever possible, in such Contracting Parties.  

       7. Each Contracting Party shall take appropriate legislative, administrative or policy measures, both in accordance with Articles 16 and 19 and, where appropriate, through the financing mechanism established in accordance with Articles 20 and 21, for the purpose of sharing, on a fair and equitable basis, the results of research and development, as well as the benefits from the commercial and other uses of genetic resources. with the Contracting Party providing such resources. Such sharing is carried out on mutually agreed terms.  

     Article 16. Access to and transfer of technology  

       1. Each Contracting Party, recognizing that technology includes biotechnology and that both access to technology and its transfer between the Contracting Parties are important elements for achieving the objectives of this Convention, undertakes, in accordance with the provisions of this Article, to provide and/or facilitate other Contracting Parties access to technologies related to the conservation and sustainable use of biological diversity. diversity or involve the use of genetic resources and do not cause significant damage to the environment, as well as the transfer of such technologies to them.  

       2. The access to and transfer of technology to developing countries referred to in paragraph 1 above shall be ensured and/or facilitated on fair and most favourable terms, including concessional and preferential terms, if mutually agreed and, where appropriate, in accordance with the financial mechanism established pursuant to Articles 20 and 21. In the case of technology subject to patents and other intellectual property rights, such access and transfer shall be provided under conditions that take into account sufficient and effective protection of intellectual property rights and in accordance with paragraphs 3, 4 and 5 below.  

       3. Each Contracting Party shall take appropriate legislative, administrative or policy measures to ensure that Contracting Parties, especially those that are developing countries providing genetic resources, have access to technology offering the use of these resources and transfer this technology on mutually agreed terms, including technology protected by patents and other intellectual property rights., and, if necessary, on the basis of the provisions of Articles 20 and 21 and in accordance with international law, and also according to paragraphs 4 and 5 below.  

       4. Each Contracting Party shall take appropriate legislative, administrative or policy measures to ensure that the private sector facilitates access to, and joint development and transfer of, the technologies referred to in paragraph 1 above for the benefit of both government agencies and the private sector in developing countries, and in this regard shall comply with the obligations set out in paragraphs 1, 2 and 3 above.  

       5. The Contracting Parties, recognizing that patents and other intellectual property rights may have an impact on the implementation of this Convention, shall cooperate in this field, guided by national legislation and international law, in order to ensure that these rights contribute to and do not contradict its objectives.  

     Article 17. Exchange of information  

       1. The Contracting Parties shall promote the exchange of information from all publicly available sources related to the conservation and sustainable use of biological diversity, taking into account the special needs of developing countries.  

       2. Such information exchange includes the exchange of the results of technical, scientific and socio-economic research, as well as information on training and survey programmes, specialized knowledge, local and traditional knowledge as such and in combination with the technologies referred to in paragraph 1 of Article 16. It also includes, whenever possible, the repatriation of information.  

     Article 18. Scientific and technical cooperation  

       1. The Contracting Parties shall promote international technical cooperation in the field of conservation and sustainable use of biological diversity, if necessary, through relevant international and national institutions.  

2. Each Contracting Party shall promote scientific and technical cooperation with other Contracting Parties, especially with developing countries, in the implementation of this Convention, in particular through the development and implementation of national policies. In facilitating such cooperation, special attention should be paid to the expansion and strengthening of national capacities through the development of human resources and the establishment of appropriate institutions.  

       3. The Conference of the Parties, at its first meeting, shall determine ways to establish a mediation mechanism to promote and facilitate scientific and technical cooperation.  

       4. The Contracting Parties, in accordance with national legislation and policies, shall promote and develop forms of cooperation in the field of technology creation and use, including local and traditional technologies, in accordance with the objectives of this Convention. To this end, the Contracting Parties also encourage cooperation in the field of personnel training and exchange of specialists.  

       5. The Contracting Parties shall, by mutual agreement, promote the establishment of joint research programmes and joint ventures for the development of technologies relevant to the objectives of this Convention.  

     Article 19. The application of biotechnology and the distribution of its benefits  

       1. Each Contracting Party shall take appropriate legislative, administrative or policy measures to ensure the effective participation in biotechnological research activities of those Contracting Parties, especially developing countries that provide genetic resources for such research, and, where possible, in such Contracting Parties.  

       2. Each Contracting Party shall take all possible measures to promote and facilitate priority access, on a fair and equitable basis, to the results and benefits resulting from biotechnologies based on genetic resources provided by these Contracting Parties, to the Contracting Parties, especially developing countries. Such access is provided on mutually agreed terms.  

       3. The Parties shall consider the need and conditions for taking measures, possibly in the form of a protocol, including, in particular, prior informed consent, to develop existing procedures for the safe transfer, use and application of any living modified organisms resulting from biotechnology that may adversely affect the conservation and sustainable use of biological diversity.  

       4. Each Contracting Party shall provide directly or require any natural or legal person under its jurisdiction who provides the organisms referred to in paragraph 3 to provide any available information on the rules of use and safety determined by such Contracting Party when working with such organisms, as well as any available information on the potentially harmful effects of the relevant specific organisms of that The Contracting Party to which these organisms are imported.  

     Article 20. Financial resources  

       1. Each Contracting Party undertakes to provide, to the best of its ability, financial support and incentives for those activities at the national level aimed at achieving the objectives of this Convention in accordance with its national plans, priorities and programmes.  

       2. Developed country Parties shall provide new and additional financial resources to enable developing country Parties to meet the agreed full additional costs that they will incur in implementing measures to comply with obligations under this Convention and to benefit from the implementation of its provisions.; Such costs shall be agreed between the developing country Party and the organizational structure referred to in Article 21, in accordance with the measures, strategy, programmatic priorities and access criteria to be established by the Conference of the Parties. Other Parties, including countries in the process of transition to a market economy, may voluntarily assume the obligations of Parties that are developed countries. For the purposes of this article, the Conference of the Parties, at its first meeting, shall establish a list of developed country Parties and other Parties that voluntarily commit themselves to the obligations of developed country Parties. The Conference of the Parties periodically reviews the list and, if necessary, makes changes to it. Contributions from other countries and from other sources on a voluntary basis will also be encouraged.         In meeting these commitments, the need for adequacy, predictability and timely inflows of funds and the importance of cost-sharing by the listed Parties involved in financing should be taken into account.  

       3. Developed country Parties may also provide, and developing country Parties may use, financial resources through bilateral, regional and multilateral channels in connection with the implementation of this Convention.  

       4. The ability of developing country Parties to effectively meet their obligations under the Convention will depend on the effective implementation by developed country Parties of their obligations under the Convention related to financial resources and technology transfer, and will be fully determined by the fact that socio-economic development and poverty eradication are the top priorities of developing country Parties. developing countries.  

       5. In their actions related to financing and technology transfer, the Parties fully take into account the specific needs and special situation of the least developed countries.  

       6. The Contracting Parties shall also take into account the special conditions resulting from dependence on the distribution and location of biological diversity in developing country Parties, especially in small island States.  

       7. The special situation of developing countries should also be taken into account, including those that are most vulnerable from an environmental point of view, such as countries with arid and semi-arid zones, coastal and mountainous areas.  

     Article 21. Financing mechanism  

       1. In order to provide developing country Parties with financial resources on a grant or concessional basis for the purposes of this Convention, an appropriate mechanism shall be established, the main elements of which are set out in this Article. For the purposes of this Convention, this mechanism shall operate under the guidance and taking into account the recommendations of the Conference of the Parties and be accountable to it.         The mechanism's activities are carried out through an organizational structure that the Conference of the Parties may decide on at its first meeting. For the purposes of this Convention, the Conference of the Parties shall determine the measures, strategy, programmatic priorities and criteria governing access to and use of such resources. Contributions are made taking into account the need to ensure a predictable, adequate and timely flow of funds referred to in Article 20, consistent with resource requirements to be determined periodically by the Conference of the Parties, as well as the importance of cost-sharing by participating Parties included in the list referred to in paragraph 2 of Article 20. Voluntary contributions may also come from developed country Parties, as well as from other countries and other sources. The Mechanism operates on the basis of a democratic and open management system.  

       2. In accordance with the objectives of this Convention, the Conference of the Parties, at its first meeting, shall determine measures, strategy and programmatic priorities, as well as detailed criteria and guidelines governing access to and use of financial resources, including regular monitoring and evaluation of such use. After consultation with the relevant organizational structure entrusted with the management of the financial mechanism, the Conference of the Parties shall take decisions on the measures necessary to implement the provisions of paragraph 1 above.  

       3. The Conference of the Parties shall review the effectiveness of the financial mechanism established in accordance with this Article, including the criteria and guidelines referred to in paragraph 2 above, no earlier than two years after the entry into force of this Convention, and thereafter on a regular basis. Based on the results of such a review, it shall take appropriate measures, if necessary, to improve the effectiveness of the mechanism.  

       4. The Contracting Parties shall consider strengthening existing financial institutions in order to provide financial resources for the conservation and sustainable use of biological diversity.  

     Article 22. Relationship with other international conventions  

       1. The provisions of this Convention shall not affect the rights and obligations of any Contracting Party arising from any existing international agreement, except in cases where the exercise of these rights and obligations would result in serious damage or threat to biological diversity.  

       2. With regard to the marine environment, the Contracting Parties shall implement the provisions of this Convention without conflicting with the rights and obligations of States provided for by the law of the sea.  

     Article 23. The Conference of the Parties  

1. The Conference of the Parties is hereby established. The first meeting of the Conference of the Parties shall be convened by the Executive Director of the United Nations Environment Programme no later than one year after the entry into force of this Convention.         Thereafter, ordinary meetings of the Conference of the Parties shall be convened at such intervals as the Conference determines at its first meeting.  

       2. Extraordinary meetings of the Conference of the Parties shall be convened when the Conference may deem it necessary, or at the written request of any Party, provided that, within six months of the request being sent to them by the Secretariat, this request is supported by at least one third of the Parties.  

       3. The Conference of the Parties shall by consensus agree on and adopt its rules of procedure and those of any subsidiary bodies it may establish, as well as financial rules governing the financing of the Secretariat. At each regular meeting, it approves the budget for the financial period until the next regular meeting.  

       4. The Conference of the Parties shall continuously monitor the implementation of this Convention and, to this end,:  

       (a) Determine the form and frequency of transmission of information to be provided in accordance with Article 26 and consider such information, as well as reports submitted by any subsidiary body;  

       (b) Consider scientific, technical and technological recommendations on biological diversity provided in accordance with Article 25;  

       (c) Review and adopt, if necessary, protocols in accordance with Article 28;  

       (d) Consider and adopt, as appropriate, amendments to this Convention and its annexes in accordance with Articles 29 and 30;  

       (e) Consider amendments to any protocol, as well as to any annexes thereto, and, if so decided, recommend that the parties to that protocol adopt them;  

       (f) Consider and adopt, if necessary, additional annexes to this Convention in accordance with Article 30;  

       (g) Establish such subsidiary bodies, in particular for scientific and technical advice, as are deemed necessary for the implementation of this Convention.;  

       (h) Establish contacts, through the Secretariat, with the executive bodies of conventions dealing with issues covered by this Convention, with a view to developing appropriate standards of cooperation with them; and  

       (i) Consider and take any additional measures that may be necessary to achieve the objectives of this Convention in the light of the experience gained in its implementation.  

       5. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State not Party to this Convention, may be represented at meetings of the Conference of the Parties as observers. Any other bodies or institutions, governmental or non-governmental, with expertise in areas related to the conservation and sustainable use of biological diversity, which have notified the Secretariat of their desire to be represented at the meeting of the Conference of the Parties as observers, may be allowed to participate, unless at least one third of those present object. at the meeting of the Parties. The admission and participation of observers are governed by the rules of procedure adopted by the Conference of the Parties.  

     Article 24. The Secretariat  

       1. The Secretariat is hereby approved. It has the following functions:  

       (a) Organization and servicing of meetings of the Conference of the Parties, as provided for in Article 23;  

       b) performing the functions assigned to it by any protocol;  

       (c) Prepare reports on the performance of its functions under this Convention and submit them to the Conference of the Parties;  

       (d) Coordination with other relevant international bodies, and in particular the conclusion of such administrative and contractual arrangements as may be necessary for the effective performance of its functions; and  

       (e) Performing such other functions as may be determined by the Conference of the Parties.  

       2. At its first ordinary meeting, the Conference of the Parties shall appoint a Secretariat from among those existing competent international organizations that have expressed their willingness to perform secretariat functions in accordance with this Convention.  

     Article 25. Subsidiary Body for Scientific, Technical and Technological Advice  

       1. A subsidiary body is hereby established to provide scientific, technical and technological advice in order to provide timely advice to the Conference of the Parties and, where appropriate, to its other subsidiary bodies in connection with the implementation of this Convention. This body is open to the participation of all Parties and has a multisectoral character.         It includes government representatives who are competent in the relevant field of knowledge. It regularly reports to the Conference of the Parties on all aspects of its work.  

       2. Under the guidance and in accordance with the guidelines set out by the Conference of the Parties and at its request, this body:  

       a) provides scientific and technical assessments of the state of biological diversity;  

       (b) Prepare scientific and technical assessments of the effects of the types of measures taken in accordance with the provisions of this Convention;  

       (c) Identify new, effective and state-of-the-art technologies and know-how in the field of conservation and sustainable use of biological diversity and make recommendations on ways and means to facilitate the development and/or transfer of such technologies;  

       (d) Provides advice on scientific programmes and international cooperation in research and development related to the conservation and sustainable use of biological diversity; and  

       (e) Provides answers to scientific, technical, technological and methodological questions that may be put to the body by the Conference of the Parties and its subsidiary bodies.  

       3. The functions, terms of reference, organization and nature of the body's activities may be clarified by the Conference of the Parties.  

     Article 26. Reports  

     Each Contracting Party shall, at intervals to be determined by the Conference of the Parties, submit to the Conference of the Parties reports on the measures it has taken to implement the provisions of this Convention and on their effectiveness in achieving the objectives of this Convention.  

     Article 27. Dispute resolution  

       1. In the event of a dispute between the Contracting Parties concerning the interpretation or application of this Convention, the Parties concerned shall seek a negotiated settlement of the dispute.  

       2. If the parties concerned cannot reach an agreement through negotiations, they can jointly seek the good offices of a third party or request mediation.  

       3. Upon ratification, acceptance, approval or accession to this Convention, or at any time thereafter, a State or a regional economic integration organization may send a written declaration to the Depositary stating that, in respect of a dispute that has not been resolved in accordance with the provisions of paragraph 1 or paragraph 2 above, they recognize one or both of the following means of settlement dispute as mandatory:  

       (a) Arbitration in accordance with the procedure set out in part 1 of Annex II;  

       (b) Referral of the dispute to the International Court of Justice.  

       4. If the Parties to the dispute have not accepted, in accordance with paragraph 3 above, the same or any of the procedures, the dispute shall be considered on the basis of a conciliation procedure in accordance with Part 2 of Annex II, unless otherwise agreed by the Parties.  

       5. The provisions of this Article shall apply to any protocol, unless otherwise provided in that protocol.  

     Article 28. Adoption of protocols  

       1. The Contracting Parties shall cooperate in the elaboration and adoption of protocols to this Convention.  

       2. The protocols are adopted at a meeting of the Conference of the Parties.  

       3. The text of any proposed protocol shall be communicated to the Contracting Parties by the Secretariat at least six months in advance of such a meeting.  

     Article 29. Amendments to the Convention or Protocols  

       1. Any Contracting Party may propose amendments to this Convention. Any Contracting Party to the protocol may propose amendments to this Protocol.  

       2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments to any protocol shall be adopted at a meeting of the Parties to the relevant protocol. The text of any proposed amendment to this Convention or any protocol, unless otherwise provided in that protocol, shall be communicated to the Parties to the document under consideration by the Secretariat no later than six months before the meeting at which it is proposed for adoption. The secretariat shall also transmit the text of the proposed amendments to the Signatories of this Convention for their information.  

       3. The Parties shall make every effort to reach consensus agreement on any proposed amendment to this Convention or to any protocol. If all efforts to reach consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, be adopted by a two-thirds majority vote of the Parties to the document in question present at the meeting and voting, and sent by the Depositary to all Parties for ratification, acceptance or approval.  

4. The Depositary shall receive a written notification of the ratification or approval of the amendments. Amendments adopted in accordance with paragraph 3 above shall enter into force for those Parties that have agreed to them on the ninetieth day after the deposit of instruments of ratification, acceptance or approval by at least two thirds of the Contracting Parties to this Convention or the Parties to the relevant protocol, unless otherwise provided in such protocol. Thereafter, the amendments shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, acceptance or approval of the amendments.  

       5. For the purposes of this article, the phrase "Parties present and voting" means Parties present and voting for or against.  

     Article 30. Adoption and amendment of annexes  

       1. The annex to this Convention or to any protocol is an integral part, respectively, of this Convention or such protocol, and unless expressly provided otherwise, a reference to this Convention or to the Protocols thereto constitutes at the same time a reference to any annexes thereto. Such applications are limited to procedural, scientific, technical, and administrative matters.  

       2. Unless a protocol provides otherwise with respect to its annexes, the following procedures shall apply for the proposal, adoption and entry into force of additional annexes to this Convention or annexes to any protocol:  

       (a) Annexes to this Convention or to any protocol shall be proposed and adopted in accordance with the procedure set out in Article 29.;  

       (b) Any Party that is unable to accept an additional annex to this Convention or an annex to any protocol to which it is a Party shall so notify the Depositary in writing within one year from the date of notification by the Depositary of its acceptance. The Depositary shall immediately notify all Parties of any such notification received by it.         Any Party may at any time withdraw a previously submitted statement of objection, after which the annex shall enter into force for that Party, subject to the provisions of subparagraph (c) below.;  

       (c) Upon the expiration of one year from the date of notification of acceptance by the Depositary, the annex shall enter into force for all Parties to this Convention or any relevant protocol that have not submitted a notification in accordance with the provisions of subparagraph (b) above.  

       3. The proposal, adoption and entry into force of amendments to annexes to this Convention or to any protocol shall be governed by a procedure similar to that established for the proposal, adoption and entry into force of annexes to the Convention or an annex to any protocol.  

       4. If an additional annex or an amendment to an annex involves an amendment to this Convention or any protocol, such additional annex or amendment shall enter into force only after the entry into force of the amendment to this Convention or the relevant protocol.  

     Article 31. Voting rights  

       1. Except as provided in paragraph 2 below, each Contracting Party to this Convention or any Protocol shall have one vote.  

       2. In matters within their competence, regional economic integration organizations shall exercise their right to vote with a number of votes equal to the number of their member States that are Contracting Parties to the Convention or the relevant Protocol. Such organizations exercise their right to vote, and vice versa.  

     Article 32. Relationship between this Convention and its Protocols  

       1. A State or a regional economic integration organization may become a Party to a protocol only if it is or becomes at the same time a Contracting Party to this Convention.  

       2. Decisions under any protocol are made only by the Parties to that protocol. Any Contracting Party that has not ratified, accepted or approved the protocol may participate as an observer in any meeting of the Parties to this protocol.  

     Article 33. Signing  

     This Convention is open for signature by all States and any regional economic integration organization in Rio de Janeiro from June 5, 1992 to June 14, 1992, as well as at United Nations Headquarters in New York from June 15, 1992 to July 4, 1993.  

     Article 34. Ratification, acceptance or approval  

       1. This Convention and any protocol are subject to ratification, acceptance or approval by States and regional economic integration organizations. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.  

       2. Any organization referred to in paragraph 1 above that becomes a Contracting Party to this Convention or any protocol, while none of its member States is a Contracting Party, shall be bound by all obligations arising respectively from the Convention or Protocol. In the event that one or more member States of such an organization are Contracting Parties to the Convention or the relevant protocol, that organization and its member States shall decide on the respective responsibilities for fulfilling their obligations under the Convention or Protocol, respectively. In such cases, organizations and Member States cannot simultaneously exercise the rights arising from the Convention or the relevant Protocol.  

       3. In their instruments of ratification, acceptance or approval, the organizations referred to in paragraph 1 above declare the scope of their competence with respect to matters governed by the Convention or the relevant protocol. These organizations shall also notify the Depositary of any relevant change in their area of competence.  

     Article 35. Joining  

       1. This Convention and any protocol shall be open for accession by States and regional economic integration organizations from the date on which the Convention or the relevant protocol closes for signature. The documents of accession shall be deposited with the Depositary.  

       2. In their instruments of accession, the organizations referred to in paragraph 1 above declare the scope of their competence with respect to matters governed by the Convention or the relevant protocol.         These organizations shall also notify the Depositary of any relevant change in the scope of their competence.  

       3. The provisions of paragraph 2 of Article 34 shall apply to regional economic integration organizations that accede to this Convention or any protocol.  

     Article 36. Entry into force  

       1. This Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession.  

       2. Any protocol shall enter into force on the ninetieth day after the date of deposit of such number of instruments of ratification, acceptance, approval or accession as are specified in that protocol.  

       3. For each Contracting Party that ratifies, accepts or approves this Convention or accedes to it after the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the deposit by such Contracting Party of its instrument of ratification, acceptance, approval or accession.  

       4. Any protocol, unless otherwise provided in it, shall enter into force for a Contracting Party that ratifies, accepts or approves this Protocol or accedes to it after its entry into force in accordance with paragraph 2 above, on the ninetieth day after the date of deposit by that Contracting Party of its instrument of ratification, acceptance, approval or accession, or on the date on which the Convention enters into force for that Contracting Party, whichever is later.  

       5. For the purposes of paragraphs 1 and 2 above, any document deposited by a regional economic integration organization shall not be considered as additional to those deposited by the member States of such organization.  

     Article 37. Reservations  

     No reservations to this Convention are permitted.  

     Article 38. Exit  

       1. At any time after two years from the date of entry into force of this Convention for any Contracting Party, that Contracting Party may withdraw from the Convention by giving written notification to the Depositary.  

       2. Any such withdrawal shall take effect one year after the date of receipt of the notification by the Depositary or at such later date as may be specified in the notification of withdrawal.  

       3. Any Contracting Party that withdraws from this Convention shall also be deemed to have withdrawn from any protocol to which it is a Party.  

     Article 39. Temporary financing procedure  

     Subject to its complete restructuring in accordance with the provisions of Article 21, the United Nations Development Programme Global Environment Facility, the United Nations Environment Programme and the International Bank for Reconstruction and Development shall serve as the organizational structure provided for in Article 21 on an interim basis between the entry into force of this Convention and the first meeting of the Conference of the Parties. or until such time as the Conference of the Parties, in accordance with Article 21, determines such an organizational structure.  

     Article 40. Interim arrangements for the Secretariat  

The Secretariat, established by the Executive Director of the United Nations Environment Programme, shall be the Secretariat provided for in paragraph 2 of Article 24 on an interim basis between the entry into force of this Convention and the first meeting of the Conference of the Parties.  

     Article 41. The Depository  

     The Secretary-General of the United Nations shall perform the functions of the Depositary of this Convention and any Protocols.  

     Article 42. Authentic texts  

     The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.         IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention. Done at Rio de Janeiro, this fifth day of June, one thousand nine hundred and ninety-two.  

Appendix 1  

  IDENTIFICATION AND MONITORING  

       1. Ecosystems and habitats: characterized by a high degree of diversity, a large number of endemic or endangered species, or containing wild wildlife; necessary for migratory species; having social, economic, cultural or scientific significance; or having a representative or unique character, or related to major evolutionary or other biological processes;  

       2. Species and communities: endangered; representing wild related species of domesticated or cultivated species; having medical, agricultural or other economic value, or having social, scientific or cultural significance; or playing an important role for research in the field of conservation and sustainable use of biological diversity, for example, as indicator species; and  

       3. Described genomes and genes of social, scientific, or economic importance.  

     I hereby certify that this text is a certified copy of the certified copy of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, done in Montreal on January 29, 2000.  

     Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev  

President    

Republic of Kazakhstan     

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