(1) The present Protocol may be amended by either
of the procedures specified in this article.
(2) Amendment after consideration within the Organization:
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(a) Any amendment proposed by a Party shall be
submitted to the Secretary-General, who shall then circulate it to
all Members of the Organization and to all the Parties at least six
months prior to its consideration.
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(b) Any amendment proposed and circulated as above
shall be referred to the Maritime Safety Committee of the Organization
for consideration.
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(c) Parties whether or not Members of the Organization
shall be entitled to participate in the proceedings of the Maritime
Safety Committee for the consideration and adoption of amendments.
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(d) Amendments shall be adopted by a two-thirds
majority of the Parties present and voting in the Maritime Safety
Committee expanded as provided for in paragraph (2)(c) (hereinafter
referred to as "the expanded Maritime Safety Committee") on condition
that at least one third of the Parties shall be present at the time
of voting.
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(e) Amendments adopted in accordance with paragraph
(2)(d) shall be communicated by the Secretary-General to all the Parties.
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(f) (i) An amendment to an article shall be deemed
to have been accepted on the date on which it is accepted by two thirds
of the Parties.
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(ii) An amendment to the Annex shall be deemed
to have been accepted:
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(aa) at the end of two years from the date of
adoption; or
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(bb) at the end of a different period, which shall
not be less than one year, if so determined at the time of its adoption
by a two-thirds majority of the Parties present and voting in the
expanded Maritime Safety Committee.
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However, if within the specified period either more than
one third of the Parties or Parties the aggregate number of whose
fishing vessels is not less than sixty-five per cent of the number
of fishing vessels of 24 metres in length and over of all the Parties,
notify the Secretary-General that they object to the amendment, it
shall be deemed not to have been accepted.
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(g) (i) An amendment to an article shall enter
into force, with respect to those Parties which have accepted it,
six months after the date on which it is deemed to have been accepted
and, with respect to each Party which accepts it after that date,
six months after the date of that Party's acceptance.
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(ii) An amendment to the Annex shall enter into
force with respect to all Parties, except those which have objected
to the amendment under paragraph (2)(f)(ii) and which have not withdrawn
such objections, six months after the date on which it is deemed to
have been accepted. However, before the date set for entry into force
any Party may give notice to the Secretary-General that it exempts
itself from giving effect to that amendment for a period not longer
than one year from the date of its entry into force, or for such longer
period as may be determined by a two-thirds majority of the Parties
present and voting in the expanded Maritime Safety Committee at the
time of the adoption of the amendment.
(3) Amendment by a Conference:
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(a) Upon the request of a Party concurred with
by at least one third of the Parties, the Organization shall convene
a Conference of the Parties to consider amendments to the present
Protocol.
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(b) Every amendment adopted by such a Conference
by a two-thirds majority of the Parties present and voting shall be
communicated by the Secretary-General to all the Parties for acceptance.
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(c) Unless the Conference decides otherwise, the
amendment shall be deemed to have been accepted and shall enter into
force in accordance with the procedures specified in paragraphs (2)(f)
and (2)(g) respectively, provided that references in those paragraphs
to the expanded Maritime Safety Committee shall be taken to mean references
to the Conference.
(4)
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(a) A Party, which has accepted an amendment to
the Annex which has entered into force, shall not be obliged to extend
the benefit of the present Protocol in respect of the certificates
issued to a vessel entitled to fly the flag of a State the Government
of which, pursuant to the provisions of paragraph (2)(f)(ii) of this
article, has objected to the amendment and has not withdrawn such
an objection, but only to the extent that such certificates relate
to matters covered by the amendment in question.
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(b) A Party, which has accepted an amendment to
the Annex which has entered into force, shall extend the benefit of
the present Protocol in respect of certificates issued to a vessel
entitled to fly the flag of a State the Government of which, pursuant
to the provisions of paragraph (2)(g)(ii) of this article, has notified
the Secretary-General of the Organization that it exempts itself from
giving effect to the amendment.
(5) Unless expressly provided otherwise, any amendment
to the present Protocol which relates to the structure of a vessel
shall apply only to vessels for which, on or after the date of entry
into force of the amendment:
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(a) the keel is laid; or
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(b) construction identifiable with a specific
vessel begins: or
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(c) assembly has commenced comprising at least
50 tonnes or one per cent of the estimated mass of all structural
material, whichever is less.
(6) Any declaration of acceptance of, or objection
to, an amendment or any notice given under paragraph (2)(g)(ii) shall
be submitted in writing to the Secretary-General who shall inform
all the Parties of any such submission and of the date of its receipt.
(7) The Secretary-General shall inform all the
Parties of any amendments which enter into force under this article
together with the date on which each such amendment enters into force.