|
Art.6 |
ARTICLE 6 |
|
Art.6.1 |
(1) Any Party may propose an amendment to Annex 1 in accordance with this article. |
|
Art.6.2 |
(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. |
|
Art.6.3 |
(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. |
|
Art.6.4 |
(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: |
|
Art.6.4.a |
(a) The technical group's review shall include: |
|
Art.6.4.a.i |
(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; |
|
Art.6.4.a.ii |
(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; |
|
Art.6.4.a.iii |
(iii) consideration of available information on the technical feasibility of control measures and the cost-effectiveness of the proposal; |
|
Art.6.4.a.iv |
(iv) consideration of available information on other effects from the introduction of such control measures relating to: |
|
Art.6.4.a.iv.1 |
- the environment (including, but not limited to, the cost of inaction and the impact on air quality); |
|
Art.6.4.a.iv.2 |
- shipyard health and safety concerns (i.e. effects on shipyard workers); |
|
Art.6.4.a.iv.3 |
- the cost to international shipping and other relevant sectors; and |
|
Art.6.4.a.v |
(v) consideration of the availability of suitable alternatives, including a consideration of the potential risks of alternatives. |
|
Art.6.4.b |
(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. |
|
Art.6.4.c |
(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. |
|
Art.6.5 |
(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. |
|
Art.6.6 |
(6) Only Parties may participate in decisions taken by the Committee described in paragraphs (3) and (5). |
|
Art.16 |
ARTICLE 16 |
|
Art.16.1 |
(1) This Convention may be amended by either of the procedures specified in the following paragraphs. |
|
Art.16.2 |
(2) Amendments after consideration within the Organization: |
|
Art.16.2.a |
(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. |
|
Art.16.2.b |
(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. |
|
Art.16.2.c |
(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. |
|
Art.16.2.d |
(d) Amendments adopted in accordance with subparagraph (c) shall be communicated by the Secretary-General to the Parties for acceptance. |
|
Art.16.2.e |
(e) An amendment shall be deemed to have been accepted in the following circumstances: |
|
Art.16.2.e.i |
(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. |
|
Art.16.2.e.ii |
(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. |
|
Art.16.2.f |
(f) An amendment shall enter into force under the following conditions: |
|
Art.16.2.f.i |
(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). |
|
Art.16.2.f.ii |
(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: |
|
Art.16.1 |
(1) notified its objection to the amendment in accordance with subparagraph (e)(ii) and that has not withdrawn such objection; |
|
Art.16.2 |
(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 |
|
Art.16.3 |
(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. |
|
Art.16.3.iii |
(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. |
|
Art.16.3.g |
(g) (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. |
|
Art.16.3.g.ii |
(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. |
|
Art.16.3 |
(3) Amendment by a Conference: |
|
Art.16.3.a |
(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. |
|
Art.16.3.b |
(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. |
|
Art.16.3.c |
(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. |
|
Art.16.4 |
(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. |
|
Art.16.5 |
(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. |
|
Art.16.6 |
(6) Any notification or declaration under this article shall be made in writing to the Secretary-General. |
|
Art.16.7 |
(7) The Secretary-General shall inform the Parties and Members of the Organization of: |
|
Art.16.7.a |
(a) any amendment that enters into force and the date of its entry into force generally and for each Party; and |
|
Art.16.7.b |
(b) any notification or declaration made under this article. |
