Article XV consists of five paragraphs. This Article provides for two methods of modifying the Convention -- a formal amendment process, which applies to any part of the Convention and requires ratification by States Parties without dissent, and a "simplified" procedure for making minor changes of an administrative or technical nature, which is limited to most provisions of the Annexes of the Convention and does not require ratification or consensus among States Parties.
Paragraph 1 of Article XV states that any State Party may propose amendments to the Convention and changes, as specified in paragraph 4, i.e. if they are related to matters of an administrative or technical nature, to the Annexes of the Convention. This paragraph further states that amendments and changes shall be subject to the respective procedures set forth in the Article.
Paragraph 2 of Article XV provides for special sessions of the Conference to consider proposed amendments. Specifically, this paragraph requires the text of a proposed amendment to be submitted to the Director-General for circulation to all States Parties and to the Depositary (the Secretary-General of the UN). This paragraph further states that the proposed amendment then would be considered only by an Amendment Conference, which must be convened if one-third or more of the States Parties notify the Director-General within 30 days after the circulation of the proposed amendment that they support further consideration of the proposal. Finally, this paragraph states that an Amendment Conference must be held immediately following a regular session of the Conference, unless the requesting States Parties ask for an earlier meeting, but in no case sooner than 60 days after the circulation of the proposed amendment.
Paragraph 3 of Article XV sets forth the conditions that must be met before an amendment is considered binding on all States Parties. Specifically, this paragraph states that amendments shall enter into force for all States Parties 30 days after the deposit of the instruments of ratification or acceptance by all States Parties casting a positive vote at the Amendment Conference, provided the amendment is adopted by the Amendment Conference by a positive vote of a majority of all States Parties with no State Party casting a negative vote.
This means that in order for an amendment to enter into force three conditions must be met -- a majority of all States Parties to the Convention must cast positive votes for the amendment at an Amendment Conference, there must be no negative votes at the Amendment Conference, and all of the States Parties that cast a positive vote for the amendment must subsequently ratify or accept the amendment. In essence, there is a double veto opportunity -- a State Party may prevent an amendment from entering into force either by casting a negative vote at the Amendment Conference or by casting a positive vote, but subsequently failing to ratify or accept the amendment.
The purpose of this voting mechanism is to give States Parties and their legislators the opportunity to block proposed amendments while at the same time not delaying the entry into force of amendments by requiring ratification or acceptance by States Parties that did not participate or vote in the Amendment Conference.
If the requisite conditions are met, then the amendment enters into force for all States Parties, regardless of whether they cast a positive vote, abstained, or did not vote at the Amendment Conference. Entry into force occurs 30 days after the last deposit of the instrument of ratification or acceptance of the States Parties that cast a positive vote for the amendment at the Amendment Conference.
Paragraph 4 of Article XV sets forth the parts of the Annexes that may be changed by the "simplified" process, i.e. without formal amendment of the Convention, and the criteria for such changes. Specifically, this paragraph states that in order to improve the viability and effectiveness of the Convention, provisions in the Annexes shall be subject to changes in accordance with paragraph 5, i.e. the procedures for making changes to the Convention that do not constitute amendments, if proposed changes are related only to matters of an administrative or technical nature. This means that States Parties may propose changes of an administrative or technical nature, i.e. minor changes, in order to improve the viability and effectiveness of the Convention.
This paragraph further states that all changes to the Annex on Chemicals shall be made in accordance with paragraph 5. Sections A and C of the Confidentiality Annex, Part X of the Verification Annex, and those definitions in Part I of the Verification Annex which relate exclusively to challenge inspections, shall not be subject to changes in accordance with paragraph 5.
This means that administrative and technical changes may be made to most of the Annexes. Moreover, any proposed changes to the schedules of chemicals and the process for changing the schedules must be made by the "simplified" process, i.e. all changes to the Annex on Chemicals are considered to be of an administrative or technical nature. However, for a limited number of provisions of the Annexes, no changes can be made except by the formal amendment process. These are: the sections of the Confidentiality Annex related to general principles (Section A) and to measures to protect sensitive installations and prevent disclosure of confidential data in the course of on-site verification activities (Section C); the detailed challenge inspection procedures in the Verification Annex (Part X); and the definitions in the Verification Annex (Part I) which relate exclusively to challenge inspections.
Paragraph 5 of Article XV sets forth, in seven subparagraphs, the procedures for consideration and adoption of proposed changes of a technical or administrative nature, i.e. the "simplified" process. Specifically, subparagraph 5(a) states that the text of the proposed changes shall be transmitted together with the necessary information to the Director-General. This subparagraph further states that additional information for the evaluation of the proposal may be provided by any State Party and the Director-General, and that the Director-General shall promptly communicate any such proposals and information to all States Parties, the Executive Council and the Depositary (the Secretary-General of the UN).
Subparagraph 5(b) states that within 60 days after its receipt, the Director-General shall evaluate the proposed change to determine all its possible consequences for the provisions of the Convention and its implementation and shall communicate any such information to all States Parties and the Executive Council.
Subparagraph 5(c) states that the Executive Council shall examine the proposal in the light of all information available to it, including whether the proposal is of a technical or administrative nature. This subparagraph further states that within 90 days of its receipt of the proposal, the Executive Council shall notify its recommendation, with appropriate explanations, to all States Parties for consideration, and that States Parties shall acknowledge receipt of the recommendation within 10 days.
Subparagraph 5(d) states that if the Executive Council recommends to all States Parties that the proposal be adopted, it shall be considered approved if no State Party objects to it within 90 days after receipt of the recommendation. This subparagraph further states that if the Executive Council recommends that the proposal be rejected, it shall be considered rejected if no State Party objects to the rejection within 90 days after receipt of the recommendation.
Subparagraph 5(e) states that if a recommendation of the Executive Council does not meet with acceptance, a decision on the proposal, including whether it is of an administrative or technical nature, shall be taken as a matter of substance by the Conference at its next session.
Subparagraph 5(f) states that the Director-General shall notify all States Parties and the Depositary of any decision under the "simplified" process.
Subparagraph 5(g) states that changes approved under the "simplified" process shall enter into force for all States Parties 180 days after the date of notification by the Director-General of their approval unless another time period is recommended by the Executive Council or decided by the Conference.
This means that under the "simplified" process proposed changes are first evaluated by the Technical Secretariat, and then the evaluation provided to States Parties and the Executive Council. This evaluation is limited to an analysis of the impact of the change on the Convention and the activities of the Technical Secretariat, and does not involve a formal approval or recommendation. The proposed changes are then evaluated by the Executive Council.
The Executive Council first determines whether the proposed change is of an administrative or technical nature and whether the provision is one that may be modified by the "simplified" process. If the change meets these criteria, then the Executive Council will evaluate the merits of the proposed change and make either a positive or negative recommendation concerning the proposed change to all States Parties.
If the Executive Council recommends that a change be made, it becomes binding on all States Parties unless a State Party objects within 90 days. A State Party may object on either procedural grounds (e.g. the change is not of an administrative nature) or substantive grounds (e.g. the change will not improve the operation of the Convention). If a State Party objects, the Conference determines whether the proposed change meets the procedural requirements and whether the change is desirable. Adoption of the change requires a two-thirds majority of States Parties present and voting. If the Conference votes for the change, the change is binding on all States Parties, regardless of their vote. Finally, a State Party may also force Conference consideration of a negative recommendation by the Executive Council if it objects to such a recommendation.