Proposals to Amend the Lists in Annexes I and II of the Convention

Introduction  

Article 4.2(f) of the Convention provides as follows:

"The COP 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." According to Article 16 of the Convention, procedures for proposing and adopting amendments to the Convention’s annexes are the same as those set out for amending the Convention itself under Article 15. That is, any Party may propose amendments, which must be adopted at an ordinary session of the COP. The text of any proposed amendment must be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. Parties must make every effort to reach agreement on any proposed amendment by consensus. However, if all efforts at consensus have been exhausted, and no agreement reached, the amendment can, as a last resort, be adopted by a three-fourths majority vote of the Parties present and voting at the meeting.

The text of the adopted amendment is then communicated to all Parties by the Depositary (the UN Secretary-General). Amendments to the Convention’s annexes enter into force for all Parties to the Convention six months after the date of the communication by the Depositary, except for those Parties that have notified the Depositary, in writing, within that period of their non-acceptance of the annex. (Procedures for entry into force of amendments to the Convention itself are different).

Request to delete the name of Czechoslovakia from Annex I, and to include in Annex I the names of Liechtenstein, Monaco, the Czech Republic, Slovakia, Croatia and Slovenia   In accordance with Article 4.2(f), and in line with requests by some Parties, COP 3 (Kyoto, December 1997) reviewed the lists of Parties included in Annexes I and II. The review resulted in the adoption of decision 4/CP.3, whereby the COP decided to delete the name of Czechoslovakia from Annex I, and to include in Annex I the names of Liechtenstein, Monaco, the Czech Republic, Slovakia, Croatia and Slovenia. The latter four Parties were designated as "Countries that are undergoing the process of transition to a market economy". This amendment to Annex I entered into force on 13 August 1998.more >>   Proposal to amend Annexes I and II to remove the name of Turkey   Also at COP 3, Parties considered an amendment proposed by Azerbaijan and Pakistan to delete the name of Turkey from the lists in Annexes I and II. Turkey, which was not yet a Party to the Convention, similarly requested the deletion of its name and submitted a position paper in support of its request. Extensive consultations were conducted by one of the COP Vice Presidents, at the request of the COP President, but it proved impossible to reach a consensus on the proposal. The COP therefore requested SBI 8 (June 1998) to consider the issue and to present a report to COP 4 (Buenos Aires, November 1998) for consideration and definitive action. more >>   Proposal to amend Annex I to add the name of Kazakhstan  

In accordance with Article 15 of the Convention, Kazakhstan submitted a note dated 24 April 1999 proposing the inclusion of its name in the list of Parties included in Annex I to the Convention. This proposal was communicated to all Parties, signatories, and, for information, to the Depository, in a note verbale dated 3 May 1999.

At COP 5, Parties considered an amendment proposed by Kazakhstan to add its name to Annex I in accordance with Articles 15 and 16 of the Convention. The President of the COP conducted informal consultations on the proposal but was unable to achieve consensus. The COP took note that Kazakhstan maintained its proposal, and Parties decided to consider the proposed amendment further at COP 6. more >>