Notification to the Parties

CONCERNING:

Proposal to amend Appendices I and II

1. Article XV, paragraph 2, of the Convention provides for the possibility to amend Appendices I and II between meetings of the Conference of the Parties by means of postal procedures.

2. In accordance with this provision, Argentina has proposed the following amendments to Appendices I and II:

Inclusion of Araucaria araucana in Appendix I, replacing Araucaria araucana** +219 (populations of Argentina and Chile), and deletion of Araucaria araucana* -114 #1 in Appendix II.

3. Article XV, paragraph 2, subparagraph (c), of the Convention charges the Secretariat to communicate the text of any proposed amendment to the Parties immediately and its own recommendations as soon as possible thereafter. On 12 October 2001, the Secretariat transmitted the above proposal and the supporting statement to all contracting and signatory States through the diplomatic channel. Its own recommendation regarding the proposal was communicated through the diplomatic channel on 7 December 2001.

4. The Secretariat is transmitting to Management Authorities with this Notification a copy of the proposal from Argentina [including its four attachments (Annex 1, in PDF format)] as well as the comments and recommendation of the Secretariat (Annex 2, in PDF format).

5. In accordance with Resolution Conf. 10.13 of the Conference of the Parties, the Secretariat has also sought the views of the International Tropical Timber Organization (ITTO), the Food and Agriculture Organization of the United Nations (FAO) and the World Conservation Union (IUCN).

6. In accordance with Article XV, paragraph 2, subparagraph (d) of the Convention, any Party may, within 60 days of the date of the transmission of the Secretariat’s comments (i.e. before 5 February 2002) transmit to the Secretariat any comments on the proposed amendment, together with any relevant scientific data and information.

7. In accordance with Article XV, paragraph 2, subparagraph (e), of the Convention, the Secretariat shall communicate the replies received together with its own recommendation to the Parties as soon as possible after 5 February 2002. At that time, it will also communicate the replies received from ITTO, FAO and IUCN.

8. The procedure that is then to be followed is specified in subparagraphs (f) to (l) of Article XV, paragraph 2, of the Convention. In summary it is as follows.

a) Parties have 30 days from the date of the Secretariat’s communication mentioned in point 6 above during which they may object to the proposed amendment.

b) If no objection is received in this time, the amendment enters into force 90 days later for all Parties except those that make a reservation in accordance with paragraph 3 of Article XV of the Convention.

c) If an objection by any Party is received by the Secretariat within the 30-day period, the proposal shall be submitted to a postal vote.

d) The Secretariat shall, in this case, notify the Parties that an objection has been received. From the date of that notification, a period of 60 days is allowed for voting.

e) If postal votes are not received from at least one half of the Parties, the proposed amendment is referred to the next meeting of the Conference of the Parties for further consideration.

f) Otherwise, the proposal shall be adopted by a two-thirds majority of Parties that have voted for or against the proposal. The Secretariat shall notify the Parties of the result of the vote and, if the proposed amendment is adopted, it shall enter into force for all Parties (except for those making a reservation in accordance with paragraph 3 of Article XV) 90 days after the date of the Secretariat’s notification.