International Convention on the control of harmful anti-fouling systems on ships, 2001:Article 6 Process for Proposing Amendments to Controls on Anti-Fouling Systems

International Convention on the control of harmful anti-fouling systems on ships, 2001

Article 6 Process for Proposing Amendments to Controls on Anti-Fouling Systems

Geldend

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1.

Any Party may propose an amendment to Annex 1 in accordance with this article.

2.

An initial proposal shall contain the information required in Annex 2, and shall be submitted to the Organization. When the Organization receives a proposal, it shall bring the proposal to the attention of the Parties, Members of the Organization, the United Nations and its Specialized Agencies, intergovernmental organizations having agreements with the Organization and non-governmental organizations in consultative status with the Organization and shall make it available to them.

3.

The Committee shall decide whether the anti-fouling system in question warrants a more in-depth review based on the initial proposal. If the Committee decides that further review is warranted, it shall require the proposing Party to submit to the Committee a comprehensive proposal containing the information required in Annex 3, except where the initial proposal also includes all the information required in Annex 3. Where the Committee is of the view that there is a threat of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason to prevent a decision to proceed with the evaluation of the proposal. The Committee shall establish a technical group in accordance with article 7.

4.

The technical group shall review the comprehensive proposal along with any additional data submitted by any interested entity and shall evaluate and report to the Committee whether the proposal has demonstrated a potential for unreasonable risk of adverse effects on non-target organisms or human health such that the amendment of Annex 1 is warranted. In this regard:

a)

The technical group's review shall include:

(i)

an evaluation of the association between the anti-fouling system in question and the related adverse effects observed either in the environment or on human health, including, but not limited to, the consumption of affected seafood, or through controlled studies based on the data described in Annex 3 and any other relevant data which come to light;

(ii)

an evaluation of the potential risk reduction attributable to the proposed control measures and any other control measures that may be considered by the technical group;

(iii)

consideration of available information on the technical feasibility of control measures and the cost-effectiveness of the proposal;

(iv)

consideration of available information on other effects from the introduction of such control measures relating to:

—

the environment (including, but not limited to, the cost of inaction and the impact on air quality);

—

shipyard health and safety concerns (i.e. effects on shipyard workers);

—

the cost to international shipping and other relevant sectors; and

(v)

consideration of the availability of suitable alternatives, including a consideration of the potential risks of alternatives.

b)

The technical group's report shall be in writing and shall take into account each of the evaluations and considerations referred to in sub-paragraph (a), except that the technical group may decide not to proceed with the evaluations and considerations described in subparagraph (a)(ii) through (a)(v) if it determines after the evaluation in subparagraph (a)(i) that the proposal does not warrant further consideration.

c)

The technical group's report shall include, inter alia, a recommendation on whether international controls pursuant to this Convention are warranted on the anti-fouling system in question, on the suitability of the specific control measures suggested in the comprehensive proposal, or on other control measures which it believes to be more suitable.

5.

The technical group's report shall be circulated to the Parties, Members of the Organization, the United Nations and its Specialized Agencies, intergovernmental organizations having agreements with the Organization and non-governmental organizations in consultative status with the Organization, prior to its consideration by the Committee. The Committee shall decide whether to approve any proposal to amend Annex 1, and any modifications thereto, if appropriate, taking into account the technical group's report. If the report finds a threat of serious or irreversible damage, lack of full scientific certainty shall not, itself, be used as a reason to prevent a decision from being taken to list an anti-fouling system in Annex 1. The proposed amendments to Annex 1, if approved by the Committee, shall be circulated in accordance with article 16 (2)(a). A decision not to approve the proposal shall not preclude future submission of a new proposal with respect to a particular anti-fouling system if new information comes to light.

6.

Only Parties may participate in decisions taken by the Committee described in paragraphs 3 and 5.

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