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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.


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