ARTICLE XIV

AMENDMENTS

[1. Any time after the entry into force of this Protocol any State Party may propose amendments to this Protocol or its Annexes or Appendices. Any State Party may also propose changes, in accordance with paragraph 4, to [the Annexes and Appendices of this Protocol] [specified parts of this Protocol or its Annexes or to its Appendices]. 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 provisions set out in paragraph 5.

2. Any proposal for an amendment shall be communicated to the Director-General. The proposed amendment shall be considered only by an Amendment Conference. The Director- General shall circulate the proposal to all States Parties and seek their views on whether an Amendment Conference should be convened to consider the proposal. If one-third or more of the States Parties notify the Director-General, not later than 30 days after the circulation of the proposal that they support the convening of an Amendment Conference, the Director- General shall convene such a Conference to which all States Parties shall be invited. The Amendment Conference shall be held immediately following a regular session of the Conference of States Parties unless all States Parties which support the convening of an Amendment Conference request that it be held earlier. In no case shall an Amendment Conference be held sooner than 60 days after the circulation of the proposed amendment. Amendments shall be adopted by the Amendment Conference by a positive vote of a majority of all States Parties with no State Party casting a negative vote.

3. Amendments shall enter into force for all States Parties 30 days after the deposit of the instruments of ratification or acceptance by all of the States Parties casting a positive vote at the Amendment Conference.

4. In order to assure the viability and effectiveness of this Protocol, provisions in [sections ... of the Annexes and Appendices] [the Appendices, sections ? of the Annexes, and those sections of Article III, section D, which are so identified in that Article,] shall be subject to changes in accordance with paragraph 5, if the proposed changes are related only to matters of a technical or administrative nature.

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

(a) The text of the proposed changes, together with supporting documentation, shall be transmitted to the Director-General. The Director-General shall promptly communicate any such proposal to all States Parties and the Executive Council. Any State Party and the Director-General may provide additional information to assist in the evaluation of the proposal;

(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 and implementation of this Protocol and for the provisions and implementation of the Convention and shall communicate any such information to all States Parties and the Executive Council;

(c) The Executive Council shall examine the proposal, including whether the proposal fulfils the requirements of paragraph 4, in light of all the information available to it, and any specific guidelines or criteria for review specified in the article, annex or appendix to which the change is proposed. [The Executive Council shall consider the proposal as a matter of substance.] Not later than 90 days after its receipt, the Executive Council shall notify its recommendations, 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 the 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 the proposal fulfils the requirements of paragraph 4, shall be taken as a matter of substance by a Conference of States Parties at its next session;

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

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

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