Section 97p. 97

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Article 21

1. Annexes to this Protocol shall form an integral part

thereof

and,

unless

otherwise

expressly

provided,

a

reference to this Protocol constitutes at the same time a

reference to any annexes thereto. Any annexes adopted

after

the

entry

into

force

of this Protocol shall be

restricted to lists, forms and any other material of a

descriptive

nature

that

is

of

a

scientific,

technical,

procedural or administrative character.

2. Any Party may make proposals for an annex to this

Protocol and may propose amendments to annexes to

this Protocol.

3. Annexes to this Protocol and amendments to annexes

to this Protocol shall be adopted at an ordinary session of

the Conference of the Parties serving as the meeting of

the Parties to this Protocol. The text of any proposed

annex

or

amendment

to

an

annex

shall

be

communicated to the Parties by the secretariat at least

six months before the meeting at which it is proposed for

adoption. The secretariat shall also communicate the text

of any proposed annex or amendment to an annex to the

Parties

and

signatories

to

the

Convention

and,

for

information, to the Depositary.

4. The Parties shall make every effort to reach agreement

on any proposed annex or amendment to an annex by

consensus.

If

all

efforts

at

consensus

have

been

exhausted, and no agreement reached, the annex or

amendment to an annex shall as a last resort be adopted

by a three-fourths majority vote of the Parties present

and

voting

at

the

meeting. The adopted annex or

amendment to an annex shall be communicated by the

secretariat to the Depositary, who shall circulate it to all

Parties for their acceptance.

5. An annex, or amendment to an annex other than

Annex A or B, that has been adopted in accordance with

paragraphs 3 and 4 above shall enter into force for all

Parties to this Protocol six months after the date of the

communication by the Depositary to such Parties of the

adoption of the annex or adoption of the amendment to

the annex, except for those Parties that have notified the

Depositary,

in

writing,

within

that

period

of

their

non-acceptance of the annex or amendment to the

annex. The annex or amendment to an annex shall enter

into force for Parties which withdraw their notification of

non-acceptance on the ninetieth day after the date on

which withdrawal of such notification has been received

by the Depositary.

6. If the adoption of an annex or an amendment to an

annex involves an amendment to this Protocol, that

annex or amendment to an annex shall not enter into

force until such time as the amendment to this Protocol

enters into force.

7. Amendments to Annexes A and B to this Protocol shall

be adopted and enter into force in accordance with the

procedure

set

out

in

Article

20,

provided that any

amendment to Annex B shall be adopted only with the

written consent of the Party concerned .

Article 22

1. Each Party shall have one vote, except as provided for in

paragraph 2 below.

2.

Regional

economic

integration

organizations,

in

matters within their competence, shall exercise their right

to vote with a number of votes equal to the number of

their member States that are Parties to this Protocol.

Such an organization shall not exercise its right to vote if

any of its member States exercises its right, and vice

versa.

Article 23

The Secretary-General of the United Nations shall be the

Depositary of this Protocol.

Article 24

1. This Protocol shall be open for signature and subject to

ratification,

acceptance

or

approval

by

States

and

regional economic integration organizations which are

Parties to the Convention. It shall be open for signature at

United Nations Headquarters in New York from

16 March 1998 to 15 March 1999. This Protocol shall be

open for accession from the day after the date on which it

is

closed

for

signature.

Instruments

of

ratification,

acceptance, approval or accession shall be deposited with

the Depositary.

2. Any regional economic integration organization which

becomes a Party to this Protocol without any of its

member States being a Party shall be bound by all the

obligations under this Protocol. In the case of such

organizations, one or more of whose member States is a

Party to this Protocol, the organization and its member

States shall decide on their respective responsibilities for

the performance of their obligations under this Protocol.

In such cases, the organization and the member States

shall not be entitled to exercise rights under this Protocol

concurrently.

3.

In

their

instruments

of

ratification,

acceptance,

approval

or accession, regional economic integration

organizations

shall

declare

the

extent

of

their

competence with respect to the matters governed by this

Protocol.

These

organizations

shall

also

inform

the

Depositary, who shall in turn inform the Parties, of any

substantial

modification

in

the

extent

of

their

competence.

Article 25

1. This Protocol shall enter into force on the ninetieth day

after the date on which not less than 55 Parties to the

Convention, incorporating Parties included in Annex I

which accounted in total for at least 55 per cent of the

total carbon dioxide emissions for 1990 of the Parties

included in Annex I, have deposited their instruments of

ratification, acceptance, approval or accession.

2. For the purposes of this Article, "the total carbon

dioxide emissions for 1990 of the Parties included in

Annex I" means the amount communicated on or before

the date of adoption of this Protocol by the Parties

included in Annex I in their first national communications

submitted

in

accordance

with

Article

12

of

the

Convention.

3.

For

each

State

or

regional

economic integration

organization that ratifies, accepts or

approves

this

Protocol

or accedes thereto after the

conditions set out in paragraph 1 above for entry into

force have been fulfilled, this Protocol shall enter into

force on the ninetieth day following the date of deposit of

its instrument of ratification, acceptance, approval or

accession.

4.

For

the

purposes

of this Article, any instrument

deposited

by

a

regional

economic

integration

organization shall not be counted as additional to those

deposited by States members of the organization.

Article 26

No reservations may be made to this Protocol.

Article 27

1. At any time after three years from the date on which

this Protocol has entered into force for a Party, that Party

may

withdraw

from

this Protocol by giving written

notification to the Depositary.

2. Any such withdrawal shall take effect upon expiry of

one year from the date of receipt by the Depositary of the

notification of withdrawal, or on such later date as may be

specified in the notification of withdrawal.

3. Any Party that withdraws from the Convention shall be

considered as also having withdrawn from this Protocol.

Article 28

The original of this Protocol, of which the Arabic, Chinese,

English, French, Russian and Spanish texts are equally

© Compiled by RGL

97 of 192