(1) This Convention may be amended by either of
the procedures specified in the following paragraphs.
(2) Amendments after consideration within the
Organization:
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(a) Any Party may propose an amendment to this
Convention. A proposed amendment shall be submitted to the Secretary-General,
who shall then circulate it to the Parties and Members of the Organization
at least six months prior to its consideration. In the case of a proposal
to amend Annex 1, it shall be processed
in accordance with article 6, prior to
its consideration under this article.
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(b) An amendment proposed and circulated as above
shall be referred to the Committee for consideration. Parties, whether
or not Members of the Organization, shall be entitled to participate
in the proceedings of the Committee for consideration and adoption
of the amendment.
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(c) Amendments shall be adopted by a two-thirds
majority of the Parties present and voting in the Committee, on condition
that at least one-third of the Parties shall be present at the time
of voting.
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(d) Amendments adopted in accordance with subparagraph
(c) shall be communicated by the Secretary-General to the Parties
for acceptance.
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(e) An amendment shall be deemed to have been
accepted in the following circumstances:
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(i) An amendment to an article of this Convention
shall be deemed to have been accepted on the date on which two-thirds
of the Parties have notified the Secretary-General of their acceptance
of it.
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(ii) An amendment to an Annex shall be deemed
to have been accepted at the end of twelve months after the date of
adoption or such other date as determined by the Committee. However,
if by that date more than one-third of 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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(f) An amendment shall enter into force under
the following conditions:
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(i) An amendment to an article of this Convention
shall enter into force for those Parties that have declared that they
have accepted it six months after the date on which it is deemed to
have been accepted in accordance with subparagraph (e)(i).
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(ii) An amendment to Annex
1 shall enter into force with respect to all Parties six months
after the date on which it is deemed to have been accepted, except
for any Party that has:
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(1) notified its objection to the amendment in
accordance with subparagraph (e)(ii) and that has not withdrawn such
objection;
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(2) notified the Secretary-General, prior to the
entry into force of such amendment, that the amendment shall enter
into force for it only after a subsequent notification of its acceptance;
or
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(3) made a declaration at the time it deposits
its instrument of ratification, acceptance or approval of, or accession
to, this Convention that amendments to Annex
1 shall enter into force for it only after the notification
to the Secretary-General of its acceptance with respect to such amendments.
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(iii) An amendment to an Annex other than Annex 1 shall enter into force with respect
to all Parties six months after the date on which it is deemed to
have been accepted, except for those Parties that have notified their
objection to the amendment in accordance with subparagraph (e)(ii)
and that have not withdrawn such objection.
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(g)
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(i) A Party that has notified an objection under
subparagraph (f)(ii)(1) or (iii) may subsequently notify the Secretary-General
that it accepts the amendment. Such amendment shall enter into force
for such Party six months after the date of its notification of acceptance,
or the date on which the amendment enters into force, whichever is
the later date.
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(ii) If a Party that has made a notification or
declaration referred to in subparagraph (f)(ii)(2) or (3), respectively,
notifies the Secretary-General of its acceptance with respect to an
amendment, such amendment shall enter into force for such Party six
months after the date of its notification of acceptance, or the date
on which the amendment enters into force, whichever is the later date.
(3) Amendment by a Conference:
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(a) Upon the request of a Party concurred in by
at least one-third of the Parties, the Organization shall convene
a Conference of Parties to consider amendments to this Convention.
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(b) An 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 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)(e)
and (f) respectively of this article.
(4) Any Party that has declined to accept an amendment
to an Annex shall be treated as a non-Party only for the purpose of
application of that amendment.
(5) An addition of a new Annex shall be proposed
and adopted and shall enter into force in accordance with the procedure
applicable to an amendment to an article of this Convention.
(6) Any notification or declaration under this
article shall be made in writing to the Secretary-General.
(7) The Secretary-General shall inform the Parties
and Members of the Organization of: