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II.7.355 1995 AMENDMENTS TO THE PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT, 1976

The Ratification of Maritime Conventions

Chapter I.7.355

1995 AMENDMENTS TO THE PROTOCOL FOR THE PREVENTION OF POLLUTION OF THE MEDITERRANEAN SEA BY DUMPING FROM SHIPS AND AIRCRAFT, 1976

ADOPTED: Done at Barcelona, 10 June 1995
REFERENCE:
ENTERED INTO FORCE: Not yet in force
DEPOSITARY: Government of Spain
SECRETARY: Spanish Ministry of Foreign Affairs

IMPLEMENTATION

AMENDMENTS

Article XVI

1. Any Contracting Party to this Convention may propose amendments to the Convention. Amendments shall be adopted by a diplomatic conference which shall be convened by the Organization at the request of two-thirds of the Contracting Parties.

2. Any Contracting Party to this Convention may propose amendments to any Protocol. Such amendments shall be adopted by a diplomatic conference which shall be convened by the Organisation at the request of two-thirds of the Contracting Parties to the Protocol concerned.

3. Amendments to this Convention shall be adopted by a three-fourths majority vote of the Contracting Parties to the Convention which are requested at the diplomatic conference, and shall be submitted by the Depositary for acceptance by all Contracting Parties to the Convention. Amendments to any Protocol shall be adopted by a three-fourths majority vote of the Contracting Parties to such Protocol which are represented at the diplomatic conference, and shall be submitted by the Depositary for acceptance by all Contracting Parties to such Protocol.

4. Acceptance of amendment shall be notified to the Depositary in writing. Amendments adopted in accordance with paragraph 3 of this Article shall enter into force between Contracting Parties having accepted such amendments on the thirtieth day following the receipt by the Depositary of notification of their acceptance by at least three-fourths of the Contracting Parties to this Convention or to the Protocol concerned, as the case may be.

5. After the entry into force of an amendment to this Convention or to a Protocol, any new Contracting Party to this Convention or such Protocol shall become a Contracting Party to the instrument as amended.

Article XVII

1. Annexes to this Convention or to any Protocol shall form an integral part of the Convention or such Protocol, as the case may be.

2. Except as may be otherwise provided in any Protocol, the following procedure shall apply to the adoption and entry into force of any amendments to annexes to this Convention or to any Protocol, with the exception of amendments to the Annex on arbitration:

  • (i) Any Contracting party may propose amendments to the Annexes to this Convention or to Protocols at the meetings referred to in article XIV;
  • (ii) Such amendments shall be adopted by a three-fourths majority vote of the Contracting Parties to the instrument in question;
  • (iii) The Depositary shall without delay communicate the amendments so adopted to all Contracting Parties;
  • (iv) Any Contracting Party that is unable to approve an amendment to the Annexes to this Convention or to any Protocol shall so notify in writing the Depositary within a period determined by the Contracting Parties concerned when adopting the amendment;
  • (v) The Depositary shall without delay notify all Contracting Parties of any notification received pursuant to the preceding sub-paragraph;
  • (vi) On expiry of the period referred to in sub-paragraph (iv) above, the amendment to the Annex shall become effective for all Contracting Parties to this Convention or to the Protocol concerned which have not submitted a notification in accordance with the provisions of that sub-paragraph.

3. The adoption and entry into force of a new Annex to this Convention or to any Protocol shall be subject to the same procedure as for the adoption and entry into force provided that, if any amendment to the Convention or the Protocol concerned is involved the new Annex shall not enter into force until such times as the amendment to the Convention or the Protocol concerned enters into force.

4. Amendments to the Annex on arbitration shall be considered to be amendments to this Convention and shall be proposed and adopted in accordance with the procedures set out in article XVI above.

DECLARATIONS AND RESERVATIONS

France

[IML Translation]

In approving the Amendments to the Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircrafts of 10 June 1995, the Government of the French Republic wishes to remind the reservation it expressed at the time of the approval of the initial instruments, which reads as follows:

Should the provisions of the present Convention and of the protocols thereto be considered as hindering activities which it deems to be essential to its national defence, the Government will not apply the said provisions to such activities. However, by adopting appropriate measures, the Government shall endeavour to take account of the objectives of the Convention and of the protocols thereto as far as possible.

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