________________________________________

THE MARINE MAMMAL COMMISSION COMPENDIUM

MULTILATERAL / ENVIRONMENT AND NATURAL RESOURCES
Volume(s) 1-3; pages 582-584


_________________________________________________

======================================

Protocol to Amend the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, Paris, 1982


________________________________


Done at Paris 3 December 1982


Entered into force 1 October 1986


Primary source citation: TIAS 11084


_________________________________________

PROTOCOL TO AMEND THE CONVENTION ON WETLANDS OF INTERNATIONAL IMPORTANCE ESPECIALLY AS WATERFOWL HABITAT

The Contracting Parties,

CONSIDERING that for the effectiveness of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar on 2nd February 1971 (hereinafter referred to as ‘the Convention’), it is indispensable to increase the number of Contracting Parties;

AWARE that the addition of authentic language versions would facilitate wider participation in the Convention;

CONSIDERING furthermore that the text of the Convention does not provide for an amendment procedure, which makes it difficult to amend the text as may be considered necessary;

HAVE AGREED as follows:

ARTICLE 1

The following Article shall be added between Article 10 and Article 11 of the Convention:

‘ARTICLE 10 BIS

1. This Convention may be amended at a meeting of the Contracting Parties convened for that purpose in accordance with this Article.

2. Proposals for amendment may be made by any Contracting Party.

3. The text of any proposed amendment and the reasons for it shall be communicated to the organization or government performing the continuing bureau duties under the Convention (hereinafter referred to as ‘the Bureau’) and shall promptly be communicated by the Bureau to all Contracting Parties. Any comments on the text by the Contracting Parties shall be communicated to the Bureau within three months of the date on which the amendments were communicated to the Contracting Parties by the Bureau. The Bureau shall, immediately after the last day for submission of comments, communicate to the Contracting Parties all comments submitted by that day.

4. A meeting of Contracting Parties to consider an amendment communicated in accordance with paragraph 3 shall be convened by the Bureau upon the written request of one third of the Contracting Parties. The Bureau shall consult the Parties concerning the time and venue of the meeting.

5. Amendments shall be adopted by a two-thirds majority of the Contracting Parties present and voting.

6. An amendment adopted shall enter into force for the Contracting Parties which have accepted it on the first day of the fourth month following the date on which two thirds of the Contracting Parties have deposited an instrument of acceptance with the Depositary. For each Contracting Party which deposits an instrument of acceptance after the date on which two thirds of the Contracting Parties have deposited an instrument of acceptance, the amendment shall enter into force on the first day of the fourth month following the date of the deposit of its instrument of acceptance.’

ARTICLE 2

In the testimonium following Article 12 of the Convention, the words ‘in any case of divergency the English text prevailing’ shall be deleted and replaced by the words ‘all texts being equally authentic’.

ARTICLE 3

The revised text of the original French version of the Convention is reproduced in the Annex to this Protocol.

ARTICLE 4

This Protocol shall be open for signature at Unesco headquarters in Paris from 3 December 1982.

ARTICLE 5

1. Any State referred to in Article 9, paragraph 2, of the Convention may become a Contracting Party to this Protocol by:

a) signature without reservation as to ratification, acceptance or approval;

b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval;

c) accession.

2. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument of ratification, acceptance, approval or accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as ‘the Depositary’).

3. Any State which becomes a Contracting Party to the Convention after the entry into force of this Protocol shall, failing an expression of a different intention at the time of signature or of the deposit of the instrument referred to in Article 9 of the Convention, be considered as a Party to the Convention as amended by this Protocol.

4. Any State which becomes a Contracting Party to this Protocol without being a Contracting Party to the Convention, shall be considered as a Party to the Convention as amended by this Protocol as of the date of entry into force of this Protocol for that State.

ARTICLE 6

1. This Protocol shall enter into force the first day of the fourth month following the date on which two thirds of the States which are Contracting Parties to the Convention on the date on which this Protocol is opened for signature have signed it without reservation as to ratification, acceptance or approval, or have ratified, accepted, approved or acceded to it.

2. With regard to any State which becomes a Contracting Party to this Protocol in the manner described in paragraph 1 and 2 of Article 5 above, after the date of its entry into force, this Protocol shall enter into force on the date of its signature without reservation as to ratification, acceptance, or approval, or of its ratification, acceptance, approval or accession.

3. With regard to any State which becomes a Contracting Party to this Protocol in the manner described in paragraph 1 and 2 of Article 5 above, during the period between the date on which this Protocol is opened for signature and its entry into force, this Protocol shall enter into force on the date determined in paragraph 1 above.

ARTICLE 7

1. The original of this Protocol, in the English and French languages, each version being equally authentic, shall be deposited with the Depositary. The Depositary shall transmit certified copies of each of these versions to all States that have signed this Protocol or deposited instruments of accession to it.

2. The Depositary shall inform all Contracting Parties of the Convention and all States that have signed and acceded to this Protocol as soon as possible of:

a) signatures to this Protocol;

b) deposits of instruments of ratification, acceptance, or approval of this Protocol;

c) deposits of instruments of accession to this Protocol;

d) the date of entry into force of this Protocol.

3. When this Protocol has entered into force, the Depositary shall have it registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter.

IN WITNESS WHEREOF, the undersigned, being duly authorized to that effect, have signed this Protocol.


________________________________

Done at Paris on 3 December 1982.