ICRC databases on international humanitarian law
  • Print page
AMENDMENTS
    ARTICLE XV

    AMENDMENTS

    1. Any State Party may propose amendments to this Convention. Any State Party
    may also propose changes, as specified in paragraph 4, to the Annexes of this
    Convention. Proposals for amendments shall be subject to the procedures in
    paragraphs 2 and 3. Proposals for changes, as specified in paragraph 4, shall
    be subject to the procedures in paragraph 5.

    2. The text of a proposed amendment shall be submitted to the Director-General
    for circulation to all States Parties and to the Depositary. The proposed
    amendment shall be considered only by an Amendment Conference. Such an
    Amendment Conference shall be convened if one third or more of the States
    Parties notify the Director-General not later than 30 days after its
    circulation that they support further consideration of the proposal. The
    Amendment Conference shall be held immediately following a regular session of
    the Conference unless the requesting States Parties ask for an earlier
    meeting. In no case shall an Amendment Conference be held less than 60 days
    after the circulation of the proposed amendment.

    3. Amendments shall enter into force for all States Parties 30 days after
    deposit of the instruments of ratification or acceptance by all the States
    Parties referred to under subparagraph (b) below:

    (a) When adopted by the Amendment Conference by a positive vote of a
    majority of all States Parties with no State Party casting a negative vote;
    and

    (b) Ratified or accepted by all those States Parties casting a positive vote
    at the Amendment Conference.

    4. In order to ensure the viability and the effectiveness of this Convention,
    provisions in the Annexes shall be subject to changes in accordance with
    paragraph 5, if proposed changes are related only to matters of an
    administrative or technical nature. All changes to the Annex on Chemicals
    shall be made in accordance with paragraph 5. Sections A and C of the
    Confidentiality Annex, Part X of the Verification Annex, and those definitions
    in Part I of the Verification Annex which relate exclusively to challenge
    inspections, shall not be subject to changes in accordance with paragraph 5.

    5. Proposed changes referred to in paragraph 4 shall be made in accordance
    with the following procedures:

    (a) The text of the proposed changes shall be transmitted together with the
    necessary information to the Director-General. Additional information for the
    evaluation of the proposal may be provided by any State Party and the
    Director-General. The Director-General shall promptly communicate any such
    proposals and information to all States Parties, the Executive Council and the
    Depositary;

    (b) Not later than 60 days after its receipt, the Director-General shall
    evaluate the proposal to determine all its possible consequences for the
    provisions of this Convention and its implementation and shall communicate any
    such information to all States Parties and the Executive Council;

    (c) The Executive Council shall examine the proposal in the light of all
    information available to it, including whether the proposal fulfils the
    requirements of paragraph 4. Not later than 90 days after its receipt, the
    Executive Council shall notify its recommendation, with appropriate
    explanations, to all States Parties for consideration. States Parties shall
    acknowledge receipt within 10 days;

    (d) If the Executive Council recommends to all States Parties that the
    proposal be adopted, it shall be considered approved if no State Party objects
    to it within 90 days after receipt of the recommendation. If the Executive
    Council recommends that the proposal be rejected, it shall be considered
    rejected if no State Party objects to the rejection within 90 days after
    receipt of the recommendation;

    (e) If a recommendation of the Executive Council does not meet with the
    acceptance required under subparagraph (d), a decision on the proposal,
    including whether it fulfils the requirements of paragraph 4, shall be taken
    as a matter of substance by the Conference at its next session;

    (f) The Director-General shall notify all States Parties and the Depositary
    of any decision under this paragraph;

    (g) Changes approved under this procedure shall enter into force for all
    States Parties 180 days after the date of notification by the Director-General
    of their approval unless another time period is recommended by the Executive
    Council or decided by the Conference.


<< Previous     Up     Next >>