その他令和7年12月17日

海洋生物多様性に関する協定：能力構築と海洋技術の移転に関する部分

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令和7年12月17日

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3. When undertaking environmental impact assessments pursuant to this Part, Parties

shall take into account the results of relevant strategic environmental assessments carried

out under paragraphs 1 and 2 above, where available.

4. The Conference of the Parties shall develop guidance on the conduct of each

category of strategic environmental assessment described in this article.

PART\

CAPACITY-BUILDING AND THE TRANSFER OF

MARINE TECHNOLOGY

Article40

Objectives

The objectives of this Part are to:

(a) Assist Parties, in particular developing States Parties, in implementing the

provisions of this Agreement, to achieve its objectives:

(b) Enable inclusive, equitable and effective cooperation and participation in the

activities undertaken under this Agreement;

respect to research, of Parties, in particular developing States Parties, with regard to the

conservation and sustainable use of marine biological diversity of areas beyond nationa

urisdiction, including through access to marine technology by, and the transfer of marine

technology to, developing States Parties;

(d) Increase, disseminate and share knowledge on the conservation and

sustainable use of marine biological diversity of areas beyond national jurisdiction;

(e) More specifically, support developing States Parties, in particular the least

developed countries, landlocked developing countries, geographically disadvantaged

States, small island developing States, coastal African States, archipelagic States and

developing middle-income countries, through capacity-building and the development and

transfer of marine technology under this Agreement, in achieving the objectives relating

to:

(i) Marine genetic resources, including the sharing of benefits, as reflected in

article 9.

(ii)Measures such as area-based management tools, including marine protected

areas, as reflected in article 17;

(iii) Environmental impact assessments, as reflected in article 27.

Article 41

Cooperation in capacity-building and the transfer of

marine technology

1. Parties shall cooperate, directly or through relevant legal instruments and

frameworks and relevant global, regional, subregional and sectoral bodies, to assist Parties,

in particular developing States Parties, in achieving the objectives of this Agreement

through capacity-building and the development and transfer of marine science and marine

technology.

2. In providing capacity-building and the transfer of marine technology under this

Agreement, Parties shall cooperate at all levels and in all forms, including through

partnerships with and involving all relevant stakeholders, such as, where appropriate, the

private sector, civil society, and Indigenous Peoples and local communities as holders of

traditional knowledge, as well as through strengthening cooperation and coordination

between relevant legal instruments and frameworks and relevant global, regional,

subregional and sectoral bodies.

3. In giving effect to this Part, Parties shall give full recognition to the special

requirements of developing States Parties, in particular the least developed countries,

landlocked developing countries, geographically disadvantaged States, small island

developing States, coastal African States, archipelagic States and developing middle-

income countries. Parties shall ensure that the provision of capacity-building and the

transfer of marine technology is not conditional on onerous reporting requirements

Article 42

Modalities for capacity-building and for the transfer of

marine technology

1. Parties, within their capabilities, shall ensure capacity-building for developing

States Parties and shall cooperate to achieve the transfer of marine technology, in particular

to developing States Parties that need and request it, taking into account the special

circumstances of small island developing States and of least developed countries, in

accordance with the provisions of this Agreement

1. Parties shall provide, within their capabilities, resources to support such capacity-

building and the development and transfer of marine technology and to facilitate access to

other sources of support, taking into account their national policies, priorities, plans and

programmes

3. Capacity-building and the transfer of marine technology should be a country-driven,

transparent, effective and iterative process that is participatory, cross-cutting and gender-

responsive. It shall build upon, as appropriate, and not duplicate existing programmes and

be guided by lessons learned, including those from capacity-building and transfer of marine

technology activities under relevant legal instruments and frameworks and relevant global,

regional, subregional and sectoral bodies. Insofar as possible, it shall take into account

these activities with a view to maximizing efficiency and results.

4. Capacity-building and the transfer of marine technology shall be based on and be

responsive to the needs and priorities of developing States Parties, taking into account the

special circumstances of small island developing States and of least developed countries,

identified through needs assessments on an individual case-by-case, subregional or

regional basis. Such needs and priorities may be self-assessed or facilitated through the

capacity-building and transfer of marine technology committee and the Clearing-House

Mechanism

Article 43

Additional modalities for the transfer of marine technology

1. Parties share a long-term vision of the importance of fully realizing technology

development and transfer for inclusive, equitable and effective cooperation and

participation in the activities undertaken under this Agreement and in order to fully achieve

its objectives.

2. The transfer of marine technology undertaken under this Agreement shall take place

on fair and most favourable terms, including on concessional and preferential terms, and

in accordance with mutually agreed terms and conditions as well as the objectives of this

Agreement.

3. Parties shall promote and encourage economic and legal conditions for the transfer

of marine technology to developing States Parties, taking into account the special

circumstances of small island developing States and of least developed countries, which

may include providing incentives to enterprises and institutions.

4. The transfer of marine technology shall take into account all rights over such

technologies and be carried out with due regard for all legitimate interests, including, inter

alia, the rights and duties of holders, suppliers and recipients of marine technology and

taking into particular consideration the interests and needs of developing States for the

attainment of the objectives of this Agreement.

5. Marine technology transferred pursuant to this Part shall be appropriate, relevant

and, to the extent possible, reliable, affordable, up to date, environmentally sound and

available in an accessible form for developing States Parties, taking into account the special

circumstances of small island developing States and of least developed countries.

Article 44

Types of capacity-building and of the transfer of

marine technology

1. In support of the objectives set out in article 40, the types of capacity-building and

of the transter of marine technology may include, but are not limited to, support for the

creation or enhancement of the human, financial management, scientific, technological,

organizational, institutional and other resource capabilities of Parties, such as:

(a) The sharing and use of relevant data, information, knowledge and research

results;

(b) Information dissemination and awareness-raising, including with respect to

relevant traditional knowledge of Indigenous Peoples and local communities, in line with

the free, prior and informed consent of these Indigenous Peoples and, as appropriate, local

communities;

equipment and capacity of personnel for its use and maintenance

(d) The development and strengthening of institutional capacity and national

regulatory frameworks or mechanisms;

(e) The development and strengthening of human and financial management

resource capabilities and of technical expertise through exchanges, research collaboration,

technical support, education and training and the transfer of marine technology;

(f) The development and sharing of manuals, guidelines and standards;

(g) The development of technical, scientific and research and development

programmes:

(h) The development and strengthening of capacities and technological tools for

effective monitoring, control and surveillance of activities within the scope of this

Agreement.

2. Further details concerning the types of capacity-building and of the transfer of

marine technology identified in this article are elaborated in Annex Il

1. The Conference of the Parties, taking account of the recommendations of the

capacity-building and transfer of marine technology committee, shall periodically, as

necessary, review, assess and further develop and provide guidance on the indicative and

non-exhaustive list of types of capacity-building and of transter of marine technology

elaborated in Annex , to reflect technological progress and innovation and to respond and

adapt to the evolving needs of States, subregions and regions

p.52 / 2

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