(1) Any Party may propose an amendment to Annex 1 in accordance with this article.
(2) An initial proposal shall contain the information
required in Annex 2, and shall be submitted
to the Organization. When the Organization receives a proposal, it
shall bring the proposal to the attention of the Parties, Members
of the Organization, the United Nations and its Specialized Agencies,
intergovernmental organizations having agreements with the Organization
and non-governmental organizations in consultative status with the
Organization and shall make it available to them.
(3) The Committee shall decide whether the anti-fouling
system in question warrants a more in-depth review based on the initial
proposal. If the Committee decides that further review is warranted,
it shall require the proposing Party to submit to the Committee a
comprehensive proposal containing the information required in Annex 3, except where the initial proposal also
includes all the information required in Annex
3. Where the Committee is of the view that there is a threat
of serious or irreversible damage, lack of full scientific certainty
shall not be used as a reason to prevent a decision to proceed with
the evaluation of the proposal. The Committee shall establish a technical
group in accordance with article 7.
(4) The technical group shall review the comprehensive
proposal along with any additional data submitted by any interested
entity and shall evaluate and report to the Committee whether the
proposal has demonstrated a potential for unreasonable risk of adverse
effects on non-target organisms or human health such that the amendment
of Annex 1 is warranted. In this regard:
-
(a) The technical group's review shall include:
-
(i) an evaluation of the association between the
anti-fouling system in question and the related adverse effects observed
either in the environment or on human health, including, but not limited
to, the consumption of affected seafood, or through controlled studies
based on the data described in Annex 3 and
any other relevant data which come to light;
-
(ii) an evaluation of the potential risk reduction
attributable to the proposed control measures and any other control
measures that may be considered by the technical group;
-
(iii) consideration of available information on
the technical feasibility of control measures and the cost-effectiveness
of the proposal;
-
(iv) consideration of available information on
other effects from the introduction of such control measures relating
to:
- the environment (including, but not limited to, the cost of inaction
and the impact on air quality);
- shipyard health and safety concerns (i.e. effects on shipyard
workers);
- the cost to international shipping and other relevant sectors;
and
-
(v) consideration of the availability of suitable
alternatives, including a consideration of the potential risks of
alternatives.
-
(b) The technical group's report shall be in writing
and shall take into account each of the evaluations and considerations
referred to in subparagraph (a), except that the technical group may
decide not to proceed with the evaluations and considerations described
in subparagraph (a)(ii) through (a)(v) if it determines after the
evaluation in subparagraph (a)(i) that the proposal does not warrant
further consideration.
-
(c) The technical group's report shall include, inter alia, a recommendation on whether international controls
pursuant to this Convention are warranted on the anti-fouling system
in question, on the suitability of the specific control measures suggested
in the comprehensive proposal, or on other control measures which
it believes to be more suitable.
(5) The technical group's report shall be circulated
to the Parties, Members of the Organization, the United Nations and
its Specialized Agencies, intergovernmental organizations having agreements
with the Organization and non-governmental organizations in consultative
status with the Organization, prior to its consideration by the Committee.
The Committee shall decide whether to approve any proposal to amend Annex 1, and any modifications thereto, if appropriate,
taking into account the technical group's report. If the report finds
a threat of serious or irreversible damage, lack of full scientific
certainty shall not, itself, be used as a reason to prevent a decision
from being taken to list an anti-fouling system in Annex
1. The proposed amendments to Annex 1,
if approved by the Committee, shall be circulated in accordance with article 16(2)(a). A decision not to approve
the proposal shall not preclude future submission of a new proposal
with respect to a particular anti-fouling system if new information
comes to light.
(6) Only Parties may participate in decisions
taken by the Committee described in paragraphs (3) and (5).