267 



particular amendment to an Annex shall be effected by the procedures laid down 

 in sub-paragraph (a) of this paragraphj- 



( viii) In the case of amendment to an optional Annex, a reference in this para- 

 graph to a Contracting State or a party to the present Convention shall be taken 

 to mean a reference to a party to that Annex. 



(c) Amendment to Appendices to Annexes : 



(i) Any amendment to an Appendix to an Annex proposed by a Contracting 

 State shall be communicated by the Organization to all Members of the Organi- 

 zation and all Contracting States at least [two] months prior to the considera- 

 tion by the Maritime Safety Committee."^ 



(ii) If adopted by a two-thirds majority of those present and vpting in the 

 ^laritime Safety Committee, the amendment shall be communicated to all Con- 

 tracting States for acceptance. 



(iii) Such amendment shall be deemed to have been accepted at the end of a 

 period to be determined by the Maritime Safety Committee at the time of adop- 

 tion of the amendment, unless within that period objection is communicated to 

 the Organization by more than one-third of the Contracting States or by Con- 

 tracting States the combined merchant fleets of which constitutes not less than 

 [fifty] per cent of the gross tonnage of the world's merchant fleet, whichever 

 condition is achieved."* 



(iv) The amendment deemed to have been accepted shall enter into force 

 on the date determined by the Maritime Safety Committee at the time of adop- 

 tion of the amendment. Determination by the Maritime Safety Committee of the 

 dates referred to in this sub-paragraph (c) (iii) of this paragraph shall be by a 

 two-thirds majority of those present and voting. 



(v) The amendment shall enter into force with respect to all Contracting 

 States [except those which before it enters into force make a declaration that 

 they do not accept the amendment] [xirovided that a Contracting State may 

 exempt itself from giving effect to the provisions of the amendment for a period 

 not exceeding [twelve] months from the date of entry into force of that 

 amendment.] '^ 



(vi) Notwithstanding the provisions of this sub-paragi-aph the Maritime 

 Safety Committee may, by a majority of those present and voting decide that 

 any particular amendment to an Appendix to an Annex shall be effected by the 

 procedures laid down in sub-paragraph (b) of this paragraph. 



( d ) Addition of new Annexes : 



The adoption of a new Annex shall be effected by the same pi'ocedures as are 

 provided for in sub-paragraphs (b) (i) and (ii) of this paragraph. Such new 

 Annex shall enter into force in accordance with the provisions stipulated in 

 Article 16(2). 



( 4 ) Amendment by a Conference : ^'' 



(a) The Organization ma.v convene a Conference of Contracting States to 

 consider amendments to the present Convention. 



(b) Upon the request of a Contracting State, concurred in by at least one-third 

 of the Contracting States, a Conference of Contracting States shall be convened 

 liy tlie Organization to consider amendments to the present Convention. 



(c) Every amendment adopted b.v such a Conference by a two-thirds majority 

 of those present and voting of the Contracting States shall be communicated by 

 the Organization to all such States for their acceptance. 



(d) Such amendment shall l)e brought into force in accordance with the pro- 

 cedures laid down for amendment after consideration in the Organization : 



(i) In .sub-paragraphs (.3) (a) (iii)-(v) of this Regulation, in respect of 

 amendment to the Articles ; . 



"-SoniP dplpjrations siigrjresterl that this snh-parasrraph shoiilrl hp clplpted as such a provi- 

 sion would flpfpat thp purpose of accplpratinsr the hrinffinsr into force of tpclinical provisions. 



'^ Somp dplpjrations wpfp of the opinion that all Contractina: States not being: Members 

 of the Maritime Safety Committoe shonhl he pntitlpd to participate anrl vote when the 

 amenflment is consirlered by the Maritime Safpty Committee. Doubt was. however, expresserl 

 as to whether (rrnntinjr to' a rontractinjr State not bpinc nn TMCO Memhpr thp rifrht to 

 votp in the Maritime Safety Committee might conflict with the provisions of the IMCO 

 Convention. 



"* Sop footnote fifi. 



"■' See footnote fil. 



■"' One flplpfration sngfrestecl that rletailed procedures for arloption and bringinp: into force 

 of amendments referred to in sub-naragraphs (c)-(f) of this paragraph should be left 

 to the Conference and therefore should be deleted. 



