Article 17 (5)
Amendments of the Convention are dealt with under Article 17. Entry into force of amendments of the Convention is dealt with under paragraph 5 of that article which provides that:
“Instruments of ratification, approval, formal confirmation or acceptance of amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraphs 3 or 4 above shall enter into force between Parties having accepted them on the ninetieth day after the receipt by the Depositary of their instrument of ratification, approval, formal confirmation or acceptance by at least three-fourths of the Parties who accepted them or by at least two thirds of the Parties to the protocol concerned who accepted them, except as may otherwise be provided in such protocol. The amendments shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, approval, formal confirmation or acceptance of the amendments.”
Comments / Consultations
Decision VIII/30: Interpretation of paragraph 5 of Article 17 of the Basel Convention
| Party |
Comments |
| European Union |
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| Norway |
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| United States of America |
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Decision OEWG-VI/16: Addressing the interpretation of paragraph 5 of Article 17 of the Basel Convention
| Party |
Comments |
| Bahrain |
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| Canada |
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| China |
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| Costa Rica |
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| El Salvador |
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| European Union |
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| Japan |
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| Norway |
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Advice from OLA
Clarification provided by the Office of Legal Affairs on the interpretation of paragraph 5 of Article 17 of the Basel Convention, dated 27 December 2007, in response to the request by the government of Egypt for clarification relating to annex to decision OEWG VI/16:
The term "consensus" in the practice of the United Nations, though not expressly defined, is generally understood to mean the adoption of a resolution or a decision without a vote in the absence of any formal objection or opposition. In this connection, it should be noted that the expressions "without a vote", "without objection", "by consensus" and "by general agreement" are, in the practice of the United Nations, synonymous and, therefore, interchangeable. The adoption of a resolution or decision in this manner does not necessarily reflect unanimity of opinion on the substantive matter. States have the opportunity, either prior to or after adoption, to make reservations, declarations, statements of interpretation and/or statements of position. Provided that the State concerned does not object to or challenge the existence of consensus or call for a vote on the resolution or decision, it is understood that consensus or general agreement is preserved. As opposed to the term "without objection", the term "without opposition" has been accorded no special meaning in the practice of the United Nations and it is not a term of art in the field of treaty law.
Secretariat's Note
Secretariat’s note on the role of the Depositary and Article 17(5) of the Convention on entry into force of amendments, prepared in response to a query received concerning the Ban Amendment adopted in decision III/1.