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Part One. Article 39 311<strong>of</strong> five years from the entry into force <strong>of</strong> <strong>this</strong> Convention” should be inserted in paragraph1. The same delegation also suggested the inclusion in paragraph 1 <strong>of</strong> the phrase “theConference <strong>of</strong> the Parties shall make every effort to achieve consensus on each amendment”.A two-thirds majority was proposed by Colombia. All these proposals were supportedby other delegations and finally approved. In addition, it was decided that thereferences to General Assembly approval mechanisms should be deleted and that the proposedamendment should be communicated to the States parties. The last amendments arereflected in the final text <strong>of</strong> the convention, as included in the report <strong>of</strong> the Ad HocCommittee (A/55/383, sect. IV, draft resolution, annex I), that was submitted to the GeneralAssembly for adoption pursuant to resolution 54/126 <strong>of</strong> 17 December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex I)Article 39Amendment1. After the expiry <strong>of</strong> five years from the entry into force <strong>of</strong> <strong>this</strong>Convention, a State Party may propose an amendment and file it with theSecretary-General <strong>of</strong> the United Nations, who shall thereupon communicate theproposed amendment to the States Parties and to the Conference <strong>of</strong> the Parties tothe Convention for the purpose <strong>of</strong> considering and deciding on the proposal. TheConference <strong>of</strong> the Parties shall make every effort to achieve consensus on eachamendment. If all efforts at consensus have been exhausted and no agreement hasbeen reached, the amendment shall, as a last resort, require for its adoption a twothirdsmajority vote <strong>of</strong> the States Parties present and voting at the meeting <strong>of</strong> theConference <strong>of</strong> the Parties.2. Regional economic integration organizations, in matters within theircompetence, shall exercise their right to vote under <strong>this</strong> article with a number <strong>of</strong>votes equal to the number <strong>of</strong> their member States that are Parties to <strong>this</strong>Convention. Such organizations shall not exercise their right to vote if their memberStates exercise theirs and vice versa.3. An amendment adopted in accordance with paragraph 1 <strong>of</strong> <strong>this</strong> articleis subject to ratification, acceptance or approval by States Parties.4. An amendment adopted in accordance with paragraph 1 <strong>of</strong> <strong>this</strong> articleshall enter into force in respect <strong>of</strong> a State Party ninety days after the date <strong>of</strong> thedeposit with the Secretary-General <strong>of</strong> the United Nations <strong>of</strong> an instrument <strong>of</strong> ratification,acceptance or approval <strong>of</strong> such amendment.5. When an amendment enters into force, it shall be binding on thoseStates Parties which have expressed their consent to be bound by it. Other StatesParties shall still be bound by the provisions <strong>of</strong> <strong>this</strong> Convention and any earlieramendments that they have ratified, accepted or approved.

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