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Download XMLVerdrag inzake biologische diversiteit
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Argentinië | Ja | Nee |
| Canada | Ja | Nee |
| Chili | Ja | Nee |
| Cuba | Ja | Nee |
| EU (Europese Unie) | Ja | Nee |
| Frankrijk | Ja | Nee |
| Georgië | Ja | Nee |
| Ierland | Ja | Nee |
| Israël | Ja | Nee |
| Italië | Ja | Nee |
| Letland | Ja | Nee |
| Liechtenstein | Ja | Nee |
| Nederlanden, het Koninkrijk der | Ja | Nee |
| Oostenrijk | Ja | Nee |
| Palestina | Ja | Nee |
| Papoea-Nieuw-Guinea | Ja | Nee |
| Spanje | Ja | Nee |
| Sudan | Ja | Nee |
| Syrië | Ja | Nee |
| Verenigd Koninkrijk | Ja | Nee |
| Zwitserland | Ja | Nee |
Argentinië
22-11-1994
The Argentine Government considers that this Convention represents a step forward in that it establishes among its objectives the sustainable use of biological diversity. Likewise, the definitions contained in article 2 and other provisions of the Convention indicate that the terms "genetic resources", "biological resources" and "biological material" do not include the human genome. In accordance with the commitments entered into in the Convention, the Argentine Nation will pass legislation on the conditions of access to biological resources and the ownership of future rights and benefits arising from them. The Convention is fully consistent with the principles established in the "Agreement on trade-related aspects of intellectual property rights", including trade in counterfeit goods, contained in the Final Act of the Uruguay Round of GATT.
14-07-2015
Upon instructions from my Government, I have the honor to address you, in your capacity
as depositary of the Convention on Biological Diversity, in order to refer to the
note sent to you by the United Kingdom of Great Britain and Northern Ireland on 27
March 2015 regarding the attempt of that country to apply the Convention to the South
Georgias and South Sandwich Islands.
The Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime
areas, are integral part of the national territory of the Argentine Republic and,
being illegitimately occupied by the United Kingdom of Great Britain and Northern
Ireland, are subject to a sovereignty dispute recognized by the United Nations and
other international fora and organizations.
The illegitimate occupation of the United Kingdom of Great Britain and Northern Ireland
led the United Nations General Assembly to adopt resolutions 2065(XX), 3169 (XXVIII),
31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which it recognized the
existence of a sovereignty dispute regarding the question of the Malvinas islands
and calls on the Governments of the Argentine Republic and the United Kingdom of Great
Britain and Northern Ireland to resume negotiations with a view to finding, as soon
as possible, a peaceful, just and lasting solution to the dispute. The United Nations
Special Committee on Decolonization has made repeated statements to the same effect,
the most recently by means of the resolution adopted on 25 June 2015.
Therefore, the Argentine Republic objects and rejects the attempt of the United Kingdom
of Great Britain and Northern Ireland to apply the Convention on Biological Diversity
to the South Georgias and South Sandwich lslands.
The Argentine Republic recalls that the Convention, adopted in Rio de Janeiro on 5
June 1992, is applicable to the Malvinas, South Georgias and South Sandwich Islands
because they are integral part of the territory of the Argentine Republic, as a result
of the ratification made by the Argentine Government on 22 November 1994.
The Argentine Republic reaffirms its sovereignty rights over the Malvinas, South Georgias
and South Sandwich Islands and the surrounding maritime areas.
The Argentine Republic should be grateful if you, acting as a depositary of the Convention,
would register this statement, notify the Parties and Contracting Parties and distribute
it as document of the Organization among its Member States.
22-07-2016
Upon instructions from my Government, I have the honor to address you, in your capacity
as depositary of the Convention on Biological Diversity, in order to refer to the
note sent to you by the United Kingdom of Great Britain and Northern Ireland on 29
June 2016 regarding the attempt of that country to apply the Convention to the Malvinas
Islands.
The Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime
areas, are integral part of the national territory of the Argentine Republic and,
being illegitimately occupied by the United Kingdom of Great Britain and Northern
Ireland, are subject to a sovereignty dispute recognized by the United Nations and
other international fora and organizations.
The illegitimate occupation of the United Kingdom of Great Britain and Northern Ireland
led the United Nations General Assembly to adopt resolutions 2065 (XX), 3169 (XXVIII),
31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which it recognized the
existence of a sovereignty dispute regarding the question of the Malvinas islands
and calls on the Governments of the Argentine Republic and the United Kingdom of Great
Britain and Northern Ireland to resume negotiations with a view to finding, as soon
as possible, a peaceful, just and lasting solution to the dispute. The United Nations
Special Committee on Decolonization has made repeated statements to the same effect,
the most recently by means of the resolution adopted on 23 June 2016.
Therefore, the Argentine Republic objects and rejects the attempt of the United Kingdom
of Great Britain and Northern Ireland to apply the Convention on Biological Diversity
to the Malvinas lslands.
The Argentine Republic recalls that the Convention, adopted in Rio de Janeiro on 5
June 1992, is applicable to the Malvinas, South Georgias and South Sandwich Islands
because they are integral part of the territory of the Argentine Republic, as a result
of the ratification made by the Argentine Government on 22 November 1994.
The Argentine Republic reaffirms its sovereignty rights over the Malvinas, South Georgias
and South Sandwich Islands and the surrounding maritime areas.
The Argentine Republic should be grateful if you, acting as a depositary of the Convention,
would register this statement, notify the Parties and Contracting Parties and distribute
it as document of the Organization among its Member States.
Canada
16-01-2015
The Permanent Mission of Canada to the United Nations presents its compliments to
the Secretary-General of the United Nations and has the honour to refer to the Convention
on Biologica l Diversity and the Secretary-General's communication of 6 January 2015,
C.N.5.2015.TREATIESXXVII.8, relating to that treaty. The Permanent Mission of Canada
notes that this communication was made pursuant to the Secretary-General's capacity
as Depositary for the Convention on Biological Diversity. The Permanent Mission of
Canada notes the technical and administrative role of the Depositary, and that it
is for States Parties to a treaty, not the Depositary, to make their own determination
with respect to any legal issues raised by instruments circulated by a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet
the criteria of a state under international law and is not recognized by Canada as
a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes
to note its position that in the context of the purported Palestinian accession to
the Convention on Biological Diversity, 'Palestine' is not able to accede to this
convention, and that the Convention on Biological Diversity does not enter into force,
or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'
Chili
09-09-1994
The Government of Chile, on ratifying the Convention on Biological Diversity of 1992, wishes to place on record that the pine tree and other species that the country exploits as one of its forestry resources are considered exotic and are not taken to fall within the scope of the Convention.
Cuba
08-03-1994
The Government of the Republic of Cuba declares, with respect to article 27 of the Convention on Biological Diversity, that as far as the Republic of Cuba is concerned, disputes that arise between Parties concerning the interpretation or application of this international legal instrument shall be settled by negotiation through the diplomatic channel or, failing that, by arbitration in accordance with the procedure laid down in Annex II on arbitration of the Convention.
EU (Europese Unie)
21-12-1993
Within their respective competence, the European Community and its Member States wish
to reaffirm the importance they attach to transfers of technology and to biotechnology
in order to ensure the conservation and sustainable use of biological diversity. The
compliance with intellectual property rights constitutes an essential element for
the implementation of policies for technology transfer and co-investment.
For the European Community and its member States, transfers of technology and access
to biotechnology, as defined in the text of the Convention on Biological Diversity,
will be carried out in accordance with article 16 of the said Convention and in compliance
with the principles and rules of protection of intellectual property, in particular
multilateral and bilateral agreements signed or negotiated by the Contracting Parties
to this Convention.
The European Community and its Member States will encourage the use of the financial
mechanism established by the Convention to promote the voluntary transfer of intellectual
property rights held by European operators, in particular as regards the granting
of licences, through normal commercial mechanisms and decisions, while ensuring adequate
and effective protection of property rights.
Frankrijk
01-07-1994
Upon ratification:
With reference to article 3, that it interprets that article as a guiding principle
to be taken into account in the implementation of the Convention;
The French Republic reaffirms its belief in the importance of the transfer of technology
and biotechnology in guaranteeing the protection and long-term utilization of biological
diversity. Respect for intellectual property rights is an essential element of the
implementation of policies for technology transfer and co-investment.
The French Republic affirms that the transfer of technology and access to biotechnology,
as defined in the Convention on Biological Diversity, will be implemented according
to article 16 of that Convention and with respect for the principles and rules concerning
the protection of intellectual property, including multilateral agreements signed
or negotiated by the Contracting Parties to the present Convention.
The French Republic will encourage recourse to the financial mechanism established
by the Convention for the purpose of promoting the voluntary transfer of intellectual
property rights under French ownership, inter alia, as regards the granting of licences,
by traditional commercial decisions and mechanisms while ensuring the appropriate
and effective protection of property rights.
With reference to article 21, paragraph 1, the French Republic considers that the
decision taken periodically by the Conference of the Parties concerns the "amount
of resources needed" and that no provision of the Convention authorizes the Conference
of the Parties to take decisions concerning the amount, nature or frequency of the
contributions from Parties to the Convention.
Georgië
02-06-1994
The Republic of Georgia will use both means for dispute settlement referred to in
the Convention:
1. Arbitral consideration in accordance with the procedure given in the enclosure
II, Part I.
2. Submitting of disputes to the International Court.
Ierland
22-03-1996
Ireland wishes to reaffirm the importance it attaches to transfers of technology and
to biotechnology in order to ensure the conservation and sustainable use of biological
diversity. The compliance with intellectual property rights constitutes an essential
element for the implementation of policies for technology transfer and co-investment.
For Ireland, transfers of technology and access to biotechnology, as defined in the
text of the Convention on Biological Diversity and in compliance with the principles
and rules of protection of intellectual property, in particular multilateral and bilateral
agreements signed or negotiated by the contracting parties to this Convention.
Ireland will encourage the use of the financial mechanism established by the Convention
to promote the voluntary transfer of intellectual property rights held by Irish operators,
in particular as regards the granting of licences, through normal commercial mechanisms
and decisions, while ensuring adequate and effective protection of property rights.
Israël
16-01-2015
The Permanent Mission of Israel to the United Nations presents its compliments to
the Secretary-General of the United Nations, in his capacity as depositary to the
Convention on Biological Diversity, and refers to the communication by the depositary,
dated 6 January 2015, regarding the Palestinian request to accede to this Convention
(Reference number C.N.5.2015.TREATIES-XXVII.8).
'Palestine' does not satisfy the criteria for statehood under international law and
lacks the legal capacity to join the aforesaid convention both under general international
law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize 'Palestine' as a State, and wishes to
place on record, for the sake of clarity, its position that it does not consider 'Palestine'
a party to the Convention and regards the Palestinian request for accession as being
without legal validity and without effect upon Israel's treaty relations under the
Convention.
Italië
15-04-1994
Declaration made upon signature and confirmed upon ratification:
The Italian Government [...] declares its understanding that the decision to be taken
by the Conference of the Parties under article 21.1 of the Convention refers to the
`amount of resources needed' by the financial mechanism, not to the extent or nature
and form of the contributions of the Contracting Parties.
Letland
14-12-1995
The Republic of Latvia declares in accordance with article 27 paragraph 3 of the Convention that it accepts both the means of dispute settlement mentioned in this paragraph as compulsory.
Liechtenstein
19-11-1997
The Principality of Liechtenstein wishes to reaffirm the importance it attaches to
transfers of technology and to biotechnology in order to ensure the conservation and
sustainable use of biological diversity. The compliance with intellectual property
rights constitutes an essential element for the implementation of policies for technology
transfer and co-investment.
For the Principality of Liechtenstein, transfers of technology and access to biotechnology,
as defined in the text of the [said] Convention, will be carried out in accordance
with article 16 of the said Convention and in compliance with the principles and rules
of protection of intellectual property, in particular multilateral and bilateral agreements
signed or negotiated by the Contracting Parties to this Convention.
The Principality of Liechtenstein will encourage the use of the financial mechanism
established by the Convention to promote the voluntary transfer of intellectual property
rights held by Liechtenstein operators, in particular as regards the granting of licenses,
through normal commercial mechanisms and decisions, while ensuring adequate and effective
protection of property rights.
Nederlanden, het Koninkrijk der
04-06-2015
The Kingdom of the Netherlands declares, in accordance with paragraph 3 of Article 27 of the Convention on Biological Diversity, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.
Oostenrijk
18-08-1994
The Republic of Austria declares in accordance with article 27, paragraph 3 of the Convention that it accepts both of the means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting an obligation concerning one or both of these means of dispute settlement.
Palestina
06-02-2015
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.51.2015.TREATIES-XXVII.8,
dated 23 January 2015, conveying a communication of Canada regarding the accession
of the State of Palestine to the Convention on Biological Diversity, dated 5 June
1992.
The Government of the State of Palestine regrets the position of Canada and wishes
to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according
Palestine ‘non-member observer State status in the United Nations’. In this regard,
Palestine is a State recognized by the United Nations General Assembly on behalf of
the international community.
As a State Party to the Convention on Biological Diversity, which enters into force
on 2 April 2015, the State of Palestine will exercise its rights and honor its obligations
with respect to all States Parties. The State of Palestine trusts that its rights
and obligations will be equally respected by its fellow States Parties.
06-02-2015
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.43.2015.TREATIES-XXVII.8,
dated 23 January 2015, conveying a communication of Israel regarding the accession
of the State of Palestine to the Convention on Biological Diversity, dated 5 June
1992.
The Government of the State of Palestine regrets the position of Israel, the occupying
Power, and wishes to recall United Nations General Assembly resolution 67/19 of 29
November 2012 according Palestine ‘non-member observer State status in the United
Nations’. In this regard, Palestine is a State recognized by the United Nations General
Assembly on behalf of the international community.
As a State Party to the Convention on Biological Diversity, which enters into force
on 2 April 2015, the State of Palestine will exercise its rights and honor its obligations
with respect to all States Parties. The State of Palestine trusts that its rights
and obligations will be equally respected by its fellow States Parties.
Papoea-Nieuw-Guinea
16-03-1993
The Government of the Independent State of Papua New Guinea declares its understanding that ratification of the Convention shall in no way constitute a renunciation of any rights under International Law concerning State responsibility for the adverse effects of Biological Diversity as derogating from the principles of general International Law.
Spanje
09-07-2014
1. Gibraltar is a Non-Self-Governing Territory for whose international relations the
Government of the United Kingdom is responsible and which is subject to a process
of decolonization in accordance with the relevant decisions and resolutions of the
General Assembly.
2. The authorities of Gibraltar are local in character, and exercise competences exclusively
over internal affairs that originate in and are based on the powers allocated to and
conferred on them by the United Kingdom, in accordance with its domestic legislation
and in its capacity as the sovereign State upon which depends the said Non-Self-Governing
Territory.
3. Consequently, any involvement by the Gibraltarian authorities in the implementation
of this Convention shall be understood to take place exclusively within the framework
of the internal affairs of Gibraltar and shall not be considered to affect in any
way the content of the two preceding paragraphs.
4. The procedure envisaged in the Arrangements relating to Gibraltar authorities in
the context of certain international treaties, which were agreed to by Spain and the
United Kingdom on 19 December 2007 (together with "Agreed Arrangements relating to
Gibraltar authorities in the context of European Union and European Community Instruments
and Related Treaties" of 19 April 2000) applies to the present Convention.
5. The application to Gibraltar of the present Convention cannot be interpreted as
recognition of any rights or situations involving matters not included in Article
10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great
Britain.
Sudan
30-10-1995
Understanding:
With respect to the principle stipulated in article 3, the Government of the Sudan
agrees with the spirit of the article and interprets it to mean that no state is responsible
for acts that take place outside its control even if they fall within its judicial
jurisdiction and may cause damage to the environment of other states or of areas beyond
the limits of national judicial jurisdiction.
The Sudan also sees as regards article 14 (2), that the issue of liability and redress
for damage to biological diversity should not form a priority to be tackled by the
Agreement as there is ambiguity regarding the essence and scope of the studies to
be carried out, in accordance with the above-mentioned article. The Sudan further
believes that any such studies on liability and redress should shift towards effects
of areas such as biotechnology products, environmental impacts, genetically modified
organisms and acid rains.
Syrië
03-05-1993
Upon signature:
It is being understood that the signing of this Convention shall not constitute recognition
of Israel or leading to any intercourse with it.
Verenigd Koninkrijk
03-06-1994
Declaration made upon signature and confirmed upon ratification:
The Government of the United Kingdom of Great Britain and Northern Ireland declare
their understanding that article 3 of the Convention sets out a guiding principle
to be taken into account in the implementation of the Convention.
The Government of the United Kingdom of Great Britain and Northern Ireland also declare
their understanding that the decisions to be taken by the Conference of the Parties
under paragraph 1 of article 21 concern "the amount of resources needed" by the financial
mechanism, and that nothing in article 20 or 21 authorises the Conference of the Parties
to take decisions concerning the amount, nature, frequency or size of the contributions
of the Parties under the Convention.
Zwitserland
21-11-1994
The Swiss Government wishes to emphasize particularly the progress made in establishing
standard terms for cooperation between States in a very important field: research
activities and activities for the transfer of technology relevant to resources from
third countries.
The important provisions in question create a platform for even closer cooperation
with public research bodies or institutions in Switzerland and for the transfer of
technologies available to governmental or public bodies, particularly universities
and various publicly-funded research and development centres.
It is our understanding that genetic resources acquired under the procedure specified
in article 15 and developed by private research institutions will be the subject of
programmes of cooperation, joint research and the transfer of technology which will
respect the principles and rules for the protection of intellectual property.
These principles and rules are essential for research and private investment, in particular
in the latest technologies, such as modern biotechnology which requires substantial
financial outlays. On the basis of this interpretation, the Swiss Government wishes
to indicate that it is ready, at the opportune time, to take the appropriate general
policy measures, particularly under articles 16 and 19, with a view to promoting and
encouraging cooperation, on a contractual basis, between Swiss firms and the private
firms and governmental bodies of other Contracting Parties.
With regard to financial cooperation, Switzerland interprets the provisions of articles
20 and 21 as follows: the resources to be committed and the management system will
have regard, in an equitable manner, to the needs and interests of the developing
countries and to the possibilities and interests of the developed countries.
Switzerland wishes to reaffirm the importance it attaches to transfers of technology
and to biotechnology in order to ensure the conservation and sustainable use of biological
diversity The compliance with intellectual property rights constitutes an essential
element for the implementation of policies for technology transfer and co-investment.
For Switzerland, transfers of technology and access to biotechnology, as defined in
the text of the Convention on Biological Diversity, will be carried out in accordance
with article 16 of the said Convention and in compliance with the principles and rules
of protection of intellectual property, in particular multilateral and bilateral agreements
signed or negotiated by the Contracting Parties to this Convention.
Switzerland will encourage the use of the financial mechanism established by the Convention
to promote the voluntary transfer of intellectual property rights held by Swiss operators,
in particular as regards the granting of licences, through normal commercial mechanisms
and decisions, while ensuring adequate and effective protection of property rights.