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Protocol to amend the Convention on Wetlands of International Importance especially as Waterfowl Habitat 1982

Paris, 3 December 1982
- Convention, 2 February 1971
- Amendments to Articles 6 and 7 of the Convention
, 28 May 1987

Depositary - Opened for Signature - Entry into force - Authoritative texts - Registration at the UN - Territorial Application -

The Contracting Parties,

Considering that for the effectiveness of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar on 2nd February 1971 (herein after referred to as "The Convention"), it is indispensable to increase the number of Contracting Parties;

Aware that the addition of authentic language versions would facilitate wider participation in the Convention;

Considering furthermore that the text of the Convention does not provide for an amendment procedure, which makes it difficult to amend the text as may be considered necessary;

Have agreed as follows:

Article 1

The following Article shall be added between Article 10 and Article 11 of the Convention:

Article 10 Bis

1. This Convention may be amended at a meeting of the Contracting Parties convened for that purpose in accordance with this Article.

2. Proposals for amendment may be made by any Contracting Party.

3. The text of any proposed amendment and the reasons for it shall be communicated to the organization or government performing the continuing bureau duties under the Convention (hereinafter referred to as "the Bureau") and shall promptly be communicated by the Bureau to all Contracting Parties. Any comments on the text by the Contracting Parties shall be communicated to the Bureau within three months of the date on which the amendments were communicated to the Contracting Parties by the Bureau. The Bureau shall, immediately after the Last day for submission of comments, communicate to the Contracting Parties all comments submitted by that day.

4. A meeting of Contracting Parties to consider an amendment communicated in accordance with paragraph 3 shall be convened by the Bureau upon the written request of one third of the Contracting Parties. The Bureau shall consult the Parties concerning the time and venue of the meeting.

5. Amendments shall be adopted by a two-thirds majority of the Contracting Parties present and voting.

6. An amendment adopted shall enter into force for the Contracting Parties which have accepted it on the first day of the fourth month following the date on which two thirds of the Contracting Parties have deposited an instrument of acceptance with the Depositary. For each Contracting Party which deposits an instrument of acceptance after the date on which two thirds of the Contracting Parties have deposited an instrument of acceptance, the amendment shall enter into force on the first day of the fourth month following the date of the deposit-of its instrument of acceptance."

Article 2

In the testimonium following Article 12 of the Convention, the words "in any case of divergency the English text prevailing" shall be deleted and replaced by the words "all texts being equally authentic".

Article 3

The revised text of the original French version of the Convention is reproduced in the Annex to this Protocol.

Article 4

This Protocol shall be open for signature at UNESCO headquarters in Paris from 3 December 1982.

Article 5

1. Any state referred to in Article 9, paragraph 2, of the Convention may become a Contracting Party to this Protocol by:

A) Signature without reservation as to ratification, acceptance or approval;

B) Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval;

C) Accession.

2. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument of ratification, acceptance, approval or accession with the Director General of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as “the Depositary”)

3. Any state which becomes a contracting Party to the Convention after the entry in force into force of this Protocol shall, failing an expression of a different intention at the time of signature or of the deposit of the instrument referred to in Article 9 of the Convention, be considered as a Party to the Convention as amended by this Protocol.

4. Any State which becomes a Contracting Party to this Protocol without being a Contracting Party to the Convention, shall be considered as a Party to the Convention as amended by this Protocol as of the date of entry into force of this Protocol for that State.

Article 6

1. This Protocol shall enter into force the first day of the fourth month following the date on which two thirds of the States which are Contracting Parties to the Convention on the date on which this Protocol is opened for signature have signed it without reservation as to ratification, acceptance or approval, or have ratified, accepted, approved or acceded to it.

2. With regard to any State which becomes a Contracting Party to this Protocol in the manner described in Paragraph 1 and 2 of Article 5 above, after the date of its entry into force, this Protocol shall enter into force on the date of its signature without reservation as to ratification, acceptance, or approval, or of its ratification, acceptance, approval or accession.

3. With regard to any State, which becomes a Contracting Party to this Protocol in the manner described in paragraph 1 and 2 of Article 5 above, during the period between the date on which this Protocol is opened for signature and its entry into force, this Protocol shall enter into force on the date determined in paragraph 1 above.

Article 7

1. The original of this Protocol, in the English and French languages, each version being equally authentic, shall be deposited with the Depositary. The Depositary shall transmit certified copies of each of these versions to all States that have signed this Protocol or deposited instruments of accession to it.

2. The Depositary shall inform all Contracting Parties of the Convention and all States that have-signed and acceded to this Protocol as soon as possible of

A) Signatures to this Protocol.

B) Deposits of instruments of ratification, acceptance, or approval of this Protocol.

C) Deposit of instruments of accession to this Protocol.

D) The date of entry into force of this Protocol.

3. When this Protocol has entered into force, the Depositary shall have it registered with the Secretariat of the United Nations in accordance with article 102 of the Charter.


IN WITNESS WHEREOF, the undersigned, being duly authorized to that effect, have signed this Protocol.

Done at Paris on 3 December 1982.





Articles 6 and 7 of the Convention on wetlands of international importance especially as waterfowl habitat as amended by the Conference of the Contracting Parties on 28 May 1987

(Amendments are reproduced below in bold),

Article 6

1. There shall be established a Conference of the Contracting Parties to review and promote the implementation of this Convention. The Bureau referred to in Article 8, paragraph 1, shall convene ordinary meetings of the Conference of the Contracting Parties at intervals of not more than three years, unless the Conference decides otherwise, and extraordinary meetings at the written request of at least one third of the Contracting Parties. Each ordinary meeting of the Conference of the Contracting Parties shall determine the time and venue of the next ordinary meeting.

2. The Conference of the Contracting Parties shall be competent:


(a) to discuss the implementation of this Convention; (b) to discuss additions to and changes in the List;

(c) to consider information regarding changes in the ecological character paragraph 2 of Article 3;

(d) to make general or specific recommendations to the Contracting Parties regarding the conservation, management and wise up of wetlands and their flora and fauna;

(f) to adopt other recommendations, or resolutions, to promote the functioning of this Convention.

3. The Contracting Parties shall ensure that those responsible at all levels for wetlands management shall be informed of, and take into consideration,recommendations of such Conferences concerning the conservation, management and wise use of wetlands and their flora and fauna.

4. The Conference of the Contracting, Parties shall adopt rules of procedure for each of its meetings.

5. The Conference of the Contracting Parties shall establish and keep under review the financial regulations of this Convention. At each of its ordinary meetings, it shall adopt the budget for the next financial period by a two-third majority of Contracting Parties present and voting.

6. Each Contracting Party shall contribute to the budget according to a scale of contributions adopted by unanimity of the Contracting Parties present and voting at a meeting of the ordinary Conference of the Contracting Parties.


Article 7

1. The representatives of the Contracting Parties at such Conferences should include persons who are experts on wetlands or waterfowl by reason of knowledge and experience gained in scientific, administrative or other appropriate capacities.

2. Each of the Contracting parties represented at a Conference shall have one vote, recommendations, resolutions and decisions being adopted by a simple majority of the Contracting Parties present and voting, unless otherwise provided for in this Convention.

Depositary :

UNESCO

Opened for Signature :

3 December 1982 without time-limitation.

The Protocol has been signed , subject to ratification by the following States:

Chile 3 December 1982
Finland 27 May 1983
France 3 December 1982
Italy 3 December 1982
Luxembourg 31 August 1989
Netherlands 22 April 1983
Paraguay 15 September 1992
Senegal 21 February 1984
Spain 23 December 1986
United Kingdom 3 December 1982
United States of America 13 September 1985


Entry into force :

1 October 1986, in accordance with Article 6(1)

Authoritative texts :

English and French

Registration at the UN :

20 March 1989, No. 14583

List in alphabetical order
List in chronological order

Territorial Application :

Notification byDate of receipt of notificationExtension to
United Kingdom19 April 1984United Kingdom of Great Britain and Northern Ireland, Bailiwick of Jersey, Bermuda, Cayman Islands, Falkland Islands and Dependencies (see note 1), Gibraltar, Hong Kong, Montserrat, Pitcairn Henderson, Ducie and Oeno Islands, St Helena and Dependencies, Turks and Caicos Islands (See letter LA/Depositary/1984/14 of 8 June 1984)


 
Notes :

(1) With regard to this declaration by the United Kingdom, the Government of Argentina, by a communication dated 26 July 1976, contested the mention, in the instrument deposited by the United Kingdom, of the Malouines Islands, the South Georgia Islands and the South Sandwich Islands under the erroneous denomination of 'Falkland Islands and dependencies' and their being presented as part of the overseas territories which the United Kingdom administrates, and it declared that this mention in no way affected the Argentine Government's rights over these islands, which are an integral part of its territory and which are under forceful occupation by a foreign power, a situation concerning which the General Assembly of the United Nations, by Resolutions 2065(XX) and 3160(XXVIII) noted a conflict of sovereignty over the archipelago and asked that negotiations be opened immediately between the Argentine Republic and the occupying State in order to find a definitive solution to that conflict. (See letter LA/Depositary/1976/25 of 18 November 1976.)

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