Convention on the Protection of the Marine Environment of the Baltic Sea Area 5

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Convention on the Protection of the Marine Environment of the Baltic Sea Area

 

Article 31

Amendments to the articles of the Convention

1. Each Contracting Party may propose amendments to the articles of this
convention. Any such proposed amendment shall be submitted to the Depositary
and communicated by it to all contracting Parties, which shall inform the
Depositary of either their acceptance or rejection of the amendment as soon as
possible after receipt of the communication.

A proposed amendment shall, at the request of a Contracting Party, be
considered in the Commission. In such a case article 19, paragraph 4, shall
apply. If an amendment is adopted by the Commission, the procedure in
paragraph 2 of this article shall apply.

2. The Commission may recommend amendments to the articles of this
Convention. Any such recommended amendment shall be submitted to the
Depositary and communicated by it to all Contracting Parties, which shall
notify the Depositary of either their acceptance or rejection of the amendment
as soon as possible after receipt of the communication.

3. The amendment shall enter into force ninety days after the Depositary
has received notifications of acceptance of that amendment from all
Contracting Parties.

Article 32

Amendments to the Annexes and the
adoption of Annexes

1. Any amendment to the Annexes proposed by a Contracting Party shall be
communicated to the other Contracting Parties by the Depositary and considered
in the Commission. If adopted by the Commission, the amendment shall be
communicated to the Contracting Parties and recommended for acceptance.

2. Any amendment to the Annexes recommended by the Commission shall be
communicated to the Contracting Parties by the Depositary and recommended for
acceptance.

3. Such amendment shall be deemed to have been accepted at the end of a
period determined by the Commission unless within that period any one of the
Contracting Parties has, by written notification to the Depositary, objected
to the amendment. The accepted amendment shall enter into force on a dome
determined by the Commission.

The period determined by the Commission shall be prolonged for an
additional period of six months and the date of entry into force of the
amendment postponed accordingly if, in exceptional cases, any Contracting
Party informs the Depositary before the expiration of the period determined by
the Commission that, although it intends to accept the amendment, the
constitutional requirements for such an acceptance are not yet fulfilled.

4. An Annex to this Convention may be adopted in accordance with the
provisions of this article.

Article 33

Reservations

1. The provisions of this Convention shall not be subject to reservations.

2. The provision of paragraph 1 of this article does not prevent a
Contracting Party from suspending for a period not exceeding one year the
application of an Annex of this Convention or part thereof or an amendment
thereto after the Annex in question or the amendment thereto has entered into
force. Any Contracting Party to the 1974 Convention on the Protection of the
Marine Environment of the Baltic Sea Area, which, upon the entry into force of
this Convention, suspends the application of an Annex or part thereof, shall
apply the corresponding Annex or part thereof to the 1974 Convention for the
period of suspension.

3. If after the entry into force of this Convention a Contracting Party
invokes the provisions of paragraph 2 of this article it shall inform the
other Contracting Parties, at the time of the adoption by the Commission of an
amendment to an Annex or a new Annex, of those provisions which will be
suspended in accordance with paragraph 2 of this article.

Article 34

Signature

This Convention shall be open for signature in Helsinki from 9 April
1992 until 9 October 1992 by States and by the European Economic Community
participating in the Diplomatic Conference on the Protection of the Marine
Environment of the Baltic Sea Area hold in Helsinki on 9 April 1992.

Article 35

Ratification, approval and accession

1. This Convention shall be subject to ratification or approval.

2. This Convention shall, after its entry into force, be open for accession
by any other State or regional economic integration organization interested in
fulfilling the aims and purposes of this Convention, provided that this State
organization is invited by all the Contracting Parties. In the case of
limited competence of a regional economic integration organization, the terms
and conditions of its participation may be agreed upon between the Commission
and the interested organization.

3. The instruments of ratification, approval or accession shall be
deposited with the Depositary.

4. The European Economic Community and any other regional economic
integration organization which becomes a Contracting Party to this Convention
shall in matters within their competence, on their own behalf, exercise the
rights and fulfil the responsibilities which this Convention attributes to
their member States. In such cases, the member States of these organizations
shall not be entitled to exercise such rights individually.

Article 36

Entry into force

1. This Convention shall enter into force two months after the deposit of
the instruments of ratification or approval by all signatory States bordering
the Baltic Sea and by the European Economic Community.

2. For each State which ratifies or approves this Convention before or
after the deposit of the last instrument of ratification or approval referred
to in paragraph 1 of this article, this Convention shall enter into force two
months after the date of deposit by such State of its instrument of
ratification or approval or on the date of entry into force of this
Convention, whichever is the latest date.

3. For each acceding State or regional economic integration organization,
this Convention shall enter into force two months after the deposit by such
state or regional economic integration organization of its instrument of
accession.

4. Upon entry into force of this Convention, the Convention on the
Protection of the Marine Environment of the Baltic Sea Area, signed in
Helsinki or 22 March 1974, as amended, shall cease to apply.

5. Notwithstanding paragraph 4 of this article, amendments to the Annexes
of the said Convention adopted by the Contracting Parties to the said
Convention between the signing of this Convention and its entry into force,
shall continue to apply until the corresponding Annexes of this Convention
have been amended accordingly.

6. Notwithstanding paragraph 4 of this article, recommendations and
decisions adopted under the said Convention shall continue to be applicable to
the extent that they are compatible with, or not explicitly terminated by this
Convention or any decision adopted thereunder.

Article 37

Withdrawal

1. At any time after the expiry of five years from the date of entry into
force of this convention any Contracting Party may, by giving written
notification to the Depositary, withdraw from this Convention. The withdrawal
shall take effect for such Contracting Party on the thirtieth day of June of
the year which follows the year in which the Depositary was notified of the
withdrawal.

2. in case of notification of withdrawal by a Contracting Party the
Depositary shall convene a meeting of the Contracting Parties for the purpose
of considering the effect of the withdrawal.

Article 38

Depositary

The Government of Finland, acting as Depositary, shall:

(a) notify all Contracting Parties and the Executive Secretary of:

(i) the signatures;

(ii) the deposit of any instrument of ratification, approval or
accession;

(iii) any date of entry into force of this Convention;

(iv) any proposed or recommended amendment to any article or Annex
or the adoption of a now Annex an well as the date on which
such amendment or now Annex enters into force;

(v) any notification, and the date of its receipt, under articles
31 and 32;

(vi) any notification of withdrawal and the date on which such
withdrawal takes effect;

(vii) any other act or notification relating to this Convention;

(b) transmit certified copies of this Convention to acceding States and
regional economic integration organizations.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have
signed this Convention.

DONE at Helsinki, this ninth day of April, one thousand nine hundred and
ninety-two, in a single authentic copy in the English language which shall be
deposited with the Government of Finland. The Government of Finland shall
transmit certified copies to all Signatories.

Conclusion

Notes

See Also

References and Further Reading

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Convention on the Protection of the Marine Environment of the Baltic Sea Area.

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