Article 4, paragraphs 2(f) of the Convention provides as follows:
"The Conference of the Parties shall review, not later than 31 December 1998,
available information with a view to taking decisions regarding such amendments to the lists in Annexes I and II as may be appropriate, with the approval of the Party concerned."
Article 15, paragraphs 1 and 2 of the Convention provides as follows:
"Any Party may propose amendments to the Convention.
Amendments to the Convention shall be adopted at an ordinary session of the Conference of the Parties. The text of any proposed amendment to the Convention shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate proposed amendments to the signatories of the Convention and, for information, to the Depositary".
Furthermore, Article 16, paragraph 4 of the Convention provides that:
"The proposal, adoption and entry into force of amendments to annexes to the Convention shall be subject to the same procedure as that for the proposal,
adoption and entry into force of annexes to the Convention in accordance with
paragraphs 2 and 3 above."
|The Conference of the Parties, at its third session in Kyoto in 1997, and at the request of some Parties reviewed in accordance with Article 4.2 (f) of the Convention the list of Parties included in Annexes I and II. The review resulted in the adoption of decision 4/CP.3 whereby the Conference decided to delete the name of Czechoslovakia from the list of Parties included in Annex I and to include the names of the Czech Republic, Slovakia, Croatia, Liechtenstein, Monaco, and Slovenia.
At the same session, the Conference considered an amendment proposal by Pakistan and Azerbaijan for the deletion of the name of Turkey from the lists in Annexes I and II to the Convention. Turkey, which was not yet a Party to the Convention also requested the Conference to delete its name from Annexes I and II to the Convention. The request by Turkey was accompanied by a submission contained in document FCCC/CP/1997/MISC.3. Extensive consultations were conducted by one of the Vice Presidents, at the request of the President of the Conference, on the amendment proposals by Pakistan and Azerbaijan but it proved impossible to reach a consensus with regard to the deletion of the name of Turkey from the lists in Annexes I and II to the Convention. The Conference therefore requested the Subsidiary Body for Implementation at its eighth session to consider the request by Turkey and to present a report to COP 4 for consideration and definitive action.
The Subsidiary Body for Implementation was unable to come to an agreed conclusion at its eighth session and referred the matter to COP 4 for further consideration. Consequently, the Conference of the Parties, after considering the "National Report on Climate Change" submitted by Turkey, adopted decision 15/C.P.4 whereby it decide to continue the review of this matter under Article 4.2(f) at COP 5.
At the fifth session of the Conference of the Parties, the President of the Conference offered to conduct informal consultations on the request by Turkey together with the amendment proposed by Pakistan and Azerbaijan. In spite of the extensive consultations conducted by the President, he announced on the last day of the Conference that the Parties had not been able to reach a consensus. The COP therefore decided to defer consideration of this matter and requested the Executive Secretary to place the item on the agenda for COP 6.
The Conference of the Parties, at its fifth session, also considered an amendment proposal by Kazakhstan to include its name in Annex I to the Convention in accordance with Article 15 and 16 of the Convention. The President of COP 5 conducted informal consultations on the proposal but was unable to achieve consensus. The COP took note that Kazakhstan maintained its proposal for an amendment to add its name to the list in Annex I and was willing to undertake additional consultations to facilitate a decision on the proposal at the sixth session of the Conference of the Parties. The Conference of the Parties decided to consider the amendment proposed by Kazakhstan at its sixth session, with a view to taking action thereon. In the meantime, Kazakhstan by a note verbale dated 20 June 2000 and in accordance with Article 4.2(g) notified the Depositary of the Convention that it intends to be bound by the provisions of Article 4.2(a)and (b) of the Convention. By virtue of the notification and in accordance with Article 1, paragraph 7 of the Kyoto Protocol , Kazakhstan is now considered an Annex I Party under the Kyoto Protocol. By that same note verbale dated 20 June 2000, Kazakhstan indicated that its request to amend the list in Annex I to the Convention should be excluded from the agenda of COP 6.