Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment 5

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Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment

 

Article 27 — Functions of the Standing Committee

The Standing Committee shall keep under review problems relating to this
Convention. It may, in particular:

a consider any question of a general nature referred to it concerning
interpretation or implementation of the Convention. The Standing
Committee’s conclusions concerning implementation of the Convention
may take the form of a recommendation; recommendations shall be
adopted by a three quarters majority of the votes cast;

b propose any necessary amendments to the Convention including its
Annexes and examine those proposed in accordance with Articles 29
to 31.

Article 28 — Reports of the Standing Committee

After each meeting, the Standing Committee shall forward to the Parties
and the Committee of Ministers of the Council of Europe a report on its
discussions and any decisions taken.

Chapter VII — Amendments to the Convention

Article 29 — Amendments to the Articles

1. Any amendment to the Articles of this Convention proposed by a Party
or the Standing Committee shall be communicated to the Secretary General
of the Council of Europe and forwarded by him at least two months before
the meeting of the Standing Committee to the member States of the Council
of Europe, to the European Economic Community, to any Signatory, to any
Party, to any State invited to sign this Convention in accordance with
the provisions of Article 32 and to any State invited to accede to it in
accordance with the provisions of Article 33.

2. Any amendment proposed in accordance with the provisions of the
preceding paragraph shall be examined by the Standing Committee which:

a for amendments to Articles 1 to 25 shall submit the text adopted by
a three-quarters majority of the votes cast to the Parties for
acceptance;

b for amendments to Articles 26 to 37 shall submit the text adopted
by a three-quarters majority of the votes cast to the Committee of
Ministers for approval. After its approval, this text shall be
forwarded to the Parties for acceptance.

3. Any amendment to Articles 1 to 25 shall enter into force, in respect
of those Parties which have accepted it, on the first day of the month
following the expiration of a period of one month after the date on which
three Parties, including at least two member States of the Council of
Europe, have informed the Secretary General that they have accepted it.

In respect of any Party which subsequently accepts it, the amendment
shall enter into force on the first day of the month following the
expiration of a period of one month after the date on which that Party
has informed the Secretary General of its acceptance.

4. Any amendment to Articles 26 to 37 shall enter into force on the first
day of the month following the expiration of a period of one month after
the date on which all Parties have informed the Secretary General that
they have accepted it.

Article 30 — Amendments to the Annexes

1. Any amendment to the Annexes of this Convention proposed by a Party or
the Standing Committee shall be communicated to the Secretary General of
the Council of Europe and forwarded by him at least two months before the
meeting of the Standing Committee to the member States of the Council of
Europe, to the European Economic Community, to any Signatory, to any
Party, to any State invited to sign this Convention in accordance with
the provisions of Article 32 and to any State invited to accede to it in
accordance with the provisions of Article 33.

2. Any amendment proposed in accordance with the provisions of the
preceding paragraph or, where appropriate, of Article 31 shall be
examined by the Standing Committee, which may adopt it by a
three-quarters majority of the votes cast. The text adopted shall be
forwarded to the Parties.

3. On the first day of the month following the expiration of a period of
eighteen months after its adoption by the Standing Committee, unless more
than one-third of the Parties have notified objections, any amendment
shall enter into force for those Parties which have not notified
objections.

Article 31 — Tacit amendments to Annex I, Parts A and B

1. Whenever the European Economic Community adopts an amendment to one of
the Annexes to the Directives referred to in Annex I, Parts A and B of
this Convention, the Secretary General shall communicate it to all the
Parties not later than four months after its publication in the Official
Journal of the European Communities.

2. Within a time limit of six months after this communication, any Party
may request that the amendment be submitted to the Standing Committee, in
which case the procedure under Article 30, paragraphs 2 and 3, shall be
followed. If no Party requests the submission of the amendment to the
Standing Committee, the provisions of paragraph 3 below shall apply.

3. On the first day of the month following the expiration of a period of
eighteen months after the communication of the amendment to all Parties,
and unless more than one-third of the Parties have notified objections,
the amendment shall enter into force for those Parties which have not
notified objections.

However, the entry into force of the amendment shall be postponed to the
date fixed for the Member States of the European Economic Community for
the compliance of their domestic law with the directive, if this date is
later than that resulting from the time limit stated in the first part of
this paragraph.

Chapter VIII — Final clauses

Article 32 — Signature, ratification and entry into force

1. This Convention shall be open for signature by the member States of
the Council of Europe, the non-member States which have participated in
its elaboration and by the European Economic Community.

2. This Convention is subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited
with the Secretary General of the Council of Europe.

3. This Convention shall enter into force on the first day of the month
following the expiration of a period of three months after the date on
which three States, including at least two member States of the Council
of Europe, have expressed their consent to be bound by the Convention in
accordance with the provisions of paragraph 2 of the present Article.

4. In respect of any Signatory which subsequently expresses its consent
to be bound by it, the Convention shall enter into force on the first day
of the month following the expiration of a period of three months after
the date of the deposit of its instrument of ratification, acceptance or
approval.

 

Conclusion

Notes

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References and Further Reading

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Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment.

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