8. Where a decision cannot be arrived at by consensus, matters before the Management Committee shall be decided by voting of the Contracting Parties present. Proposals under paragraph 5(a), (b) or (c) of this Article shall be approved by a two-thirds majority of the votes cast. All other matters shall be decided by the Management Committee by a majority of the votes cast.

9. Where Article 8(5) of this Convention applies, the customs or economic unions which are Contracting Parties shall have, in case of voting, only a number of votes equal to the total votes allotted to their Members which are Contracting Parties.

10. Before the closure of its session, the Management Committee shall adopt a report. This report shall be transmitted to the Council and to the Contracting Parties and observers mentioned in paragraphs 2, 3 and 4.

11. In the absence of relevant provisions in this Article, the Rules of Procedure of the Council shall be applicable, unless the Management Committee decides otherwise.

Article 7

For the purpose of voting in the Management Committee, there shall be separate voting on each specific annex and each chapter of a specific annex.

(a) Each Contracting Party shall be entitled to vote on matters relating to the interpretation, application or amendment of the body and General Annex of the Convention.

(b) As regards matters concerning a specific annex or chapter of a specific annex that is already in force, only those Contracting Parties that have accepted that specific annex or chapter therein shall have the right to vote.

(c) Each Contracting Party shall be entitled to vote on drafts of new specific annexes or new chapters of a specific annex.

Chapter IV

CONTRACTING PARTY

Ratification of the Convention

Article 8

1. Any Member of the Council and any Member of the United Nations or its specialised agencies may become a Contracting Party to this Convention:

(a) by signing it without reservation of ratification;

(b) by depositing an instrument of ratification after signing it subject to ratification; or

(c) by acceding to it.

2. This Convention shall be open until 30 June 1974 for signature at the Headquarters of the Council in Brussels by the Members referred to in paragraph 1 of this Article. Thereafter, it shall be open for accession by such Members.

3. Any Contracting Party shall, at the time of signing, ratifying or acceding to this Convention, specify which if any of the specific annexes or chapters therein it accepts. It may subsequently notify the depositary that it accepts one or more specific annexes or chapters therein.

4. Contracting Parties accepting any new specific annex or any new chapter of a specific annex shall notify the depositary in accordance with paragraph 3 of this Article.

5. (a) Any customs or economic union may become, in accordance with paragraphs 1, 2 and 3 of this Article, a Contracting Party to this Convention. Such customs or economic union shall inform the depositary of its competence with respect to the matters governed by this Convention. Such customs or economic union shall also inform the depositary of any substantial modification in the extent of its competence.

(b) A customs or economic union which is a Contracting Party to this Convention shall, for the matters within its competence, exercise in its own name the rights, and fulfil the responsibilities, which the Convention confers on the members of such a union which are Contracting Parties to this Convention. In such a case, the members of such a union shall not be entitled to individually exercise these rights, including the right to vote.

Article 9

1. Any Contracting Party which ratifies this Convention or accedes thereto shall be bound by any amendments to this Convention, including the General Annex, which have entered into force at the date of deposit of its instrument of ratification or accession.

2. Any Contracting Party which accepts a specific annex or chapter therein shall be bound by any amendments to the standards contained in that specific annex or chapter which have entered into force at the date on which it notifies its acceptance to the depositary. Any Contracting Party which accepts a specific annex or chapter therein shall be bound by any amendments to the recommended practices contained therein, which have entered into force at the date on which it notifies its acceptance to the depositary, unless it enters reservations against one or more of those recommended practices in accordance with Article 12 of this Convention.

Application of the Convention

Article 10

1. Any Contracting Party may, at the time of signing this Convention without reservation of ratification or of depositing its instrument of ratification or accession, or at any time thereafter, declare by notification given to the depositary that this Convention shall extend to all or any of the territories for whose international relations it is responsible. Such notification shall take effect three months after the date of the receipt thereof by the depositary. However, this Convention shall not apply to the territories named in the notification before this Convention has entered into force for the Contracting Party concerned.

2. Any Contracting Party which has made a notification under paragraph 1 of this Article extending this Convention to any territory for whose international relations it is responsible may notify the depositary, under the procedure of Article 19 of this Convention, that the territory in question will no longer apply this Convention.

Article 11

For the application of this Convention, a customs or economic union that is a Contracting Party shall notify to the Secretary-General of the Council the territories which form the customs or economic union, and these territories are to be taken as a single territory.

Acceptance of the provisionsand reservations

Article 12

1. All Contracting Parties are hereby bound by the General Annex.

2. A Contracting Party may accept one or more of the specific annexes or one or more of the chapters therein. A Contracting Party which accepts a specific annex or chapter(s) therein shall be bound by all the standards therein. A Contracting Party which accepts a specific annex or chapter(s) therein shall be bound by all the recommended practices therein unless, at the time of acceptance or at any time thereafter, it notifies the depositary of the recommended practice(s) in respect of which it enters reservations, stating the differences existing between the provisions of its national legislation and those of the recommended practice(s) concerned. Any Contracting Party which has entered reservations may withdraw them, in whole or in part, at any time by notification to the depositary specifying the date on which such withdrawal takes effect.

3. Each Contracting Party bound by a specific annex or chapter(s) therein shall examine the possibility of withdrawing any reservations to the recommended practices entered under the terms of paragraph 2 and notify the Secretary-General of the Council of the results of that review at the end of every three-year period commencing from the date of the entry into force of this Convention for that Contracting Party, specifying the provisions of its national legislation which, in its opinion, are contrary to the withdrawal of the reservations.

Implementation of provisions

Article 13

1. Each Contracting Party shall implement the standards in the General Annex and in the specific annex(es) or chapter(s) therein that it has accepted within 36 months after such annex(es) or chapter(s) have entered into force for that Contracting Party.

2. Each Contracting Party shall implement the transitional standards in the General Annex within 60 months of the date that the General Annex has entered into force for that Contracting Party.

3. Each Contracting Party shall implement the recommended practices in the specific annex(es) or chapter(s) therein that it has accepted within 36 months after such specific annex(es) or chapter(s) have entered into force for that Contracting Party, unless reservations have been entered as to one or more of those recommended practices.

4. (a) Where the periods provided for in paragraph 1 or 2 of this Article would, in practice, be insufficient for any Contracting Party to implement the provisions of the General Annex, that Contracting Party may request the Management Committee, before the end of the period referred to in paragraph 1 or 2 of this Article, to provide an extension of that period. In making the request, the Contracting Party shall state the provision(s) of the General Annex with regard to which an extension of the period is required and the reasons for such request.

(b) In exceptional circumstances, the Management Committee may decide to grant such an extension. Any decision by the Management Committee granting such an extension shall state the exceptional circumstances justifying the decision and the extension shall in no case be more than one year. At the expiry of the period of extension, the Contracting Party shall notify the depositary of the implementation of the provisions with regard to which the extension was granted.

Settlement of disputes

Article 14

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall so far as possible be settled by negotiation between them.

2. Any dispute which is not settled by negotiation shall be referred by the Contracting Parties in dispute to the Management Committee which shall thereupon consider the dispute and make recommendations for its settlement.

3. The Contracting Parties in dispute may agree in advance to accept the recommendations of the Management Committee as binding.

Amendments to the Convention

Article 15

1. The text of any amendment recommended to the Contracting Parties by the Management Committee in accordance with Article 6(5)(a)(i) and (ii) shall be communicated by the Secretary-General of the Council to all Contracting Parties and to those Members of the Council that are not Contracting Parties.

2. Amendments to the body of the Convention shall enter into force for all Contracting Parties twelve months after deposit of the instruments of acceptance by those Contracting Parties present at the session of the Management Committee during which the amendments were recommended, provided that no objection is lodged by any of the Contracting Parties within a period of 12 months from the date of communication of such amendments.

3. Any recommended amendment to the General Annex or the specific annexes or chapters therein shall be deemed to have been accepted six months after the date the recommended amendment was communicated to Contracting Parties, unless:

(a) there has been an objection by a Contracting Party or, in the case of a specific annex or chapter, by a Contracting Party bound by that specific annex or chapter; or

(b) a Contracting Party informs the Secretary-General of the Council that, although it intends to accept the recommended amendment, the conditions necessary for such acceptance are not yet fulfilled.

4. If a Contracting Party sends the Secretary-General of the Council a communication as provided for in paragraph 3(b) of this Article, it may, so long as it has not notified the Secretary-General of the Council of its, acceptance of the recommended amendment, submit an objection to that amendment within a period of 18 months following the expiry of the six-month period referred to in paragraph 3 of this Article.

5. If an objection to the recommended amendment is notified in accordance with the terms of paragraph 3(a) or 4 of this Article, the amendment shall be deemed not to have been accepted and shall be of no effect.

6. If any Contracting Party has sent a communication in accordance with paragraph 3(b) of this Article, the amendment shall be deemed to have been accepted on the earlier of the following two dates:

(a) the date by which all the Contracting Parties which sent such communications have notified the Secretary-General of the Council of their acceptance of the recommended amendment, provided that, if all the acceptances were notified before the expiry of the period of six months referred to in paragraph 3 of this Article, that date shall be taken to be the date of expiry of the said six-month period;

(b) the date of expiry of the 18-month period referred to in paragraph 4 of this Article.

7. Any amendment to the General Annex or the specific annexes deemed to be accepted shall enter into force either six months after the date on which it was deemed to be accepted or, if a different period is specified in the recommended amendment, on the expiry of that period after the date on which the amendment was deemed to be accepted.

8. The Secretary-General of the Council shall, as soon as possible, notify the Contracting Parties to this Convention of any objection to the recommended amendment made in accordance with paragraph 3(a), and of any communication received in accordance with paragraph 3(b), of this Article. The Secretary-General of the Council shall subsequently inform the Contracting Parties whether the Contracting Party or Parties which have sent such a communication raise an objection to the recommended amendment or accept it.

Article 16

1. Notwithstanding the amendment procedure laid down in Article 15 of this Convention, the Management Committee in accordance with Article 6 may decide to amend any recommended practice or to incorporate new recommended practices to any specific annex or chapter therein. Each Contracting Party shall be invited by the Secretary-General of the Council to participate in the deliberations of the Management Committee. The text of any such amendment or new recommended practice so decided upon shall be communicated by the Secretary-General of the Council to the Contracting Parties and those Members of the Council that are not Contracting Parties to this Convention.

2. Any amendment or incorporation of new recommended practices decided upon under paragraph 1 of this Article shall enter into force six months after their communication by the Secretary-General of the Council. Each Contracting Party bound by a specific annex or chapter therein forming the subject of such amendments or incorporation of new recommended practices shall be deemed to have accepted those amendments or new recommended practices unless it enters a reservation under the procedure of Article 12 of this Convention.

Duration of accession

Article 17

1. This Convention is of unlimited duration but any Contracting Party may denounce it at any time after the date of its entry into force under Article 18 thereof.

2. The denunciation shall be notified by an instrument in writing, deposited with the depositary.

3. The denunciation shall take effect six months after the receipt of the instrument of denunciation by the depositary.

4. The provisions of paragraphs 2 and 3 of this Article shall also apply in respect of the specific annexes or chapters therein, for which any Contracting Party may withdraw its acceptance at any time after the date of the entry into force.

5. Any Contracting Party which withdraws its acceptance of the General Annex shall be deemed to have denounced the Convention. In this case, the provisions of paragraphs 2 and 3 also apply.

Chapter V

FINAL PROVISIONS

Entry into force of the Convention

Article 18

1. This Convention shall enter into force three months after five of the entities referred to in paragraphs 1 and 5 of Article 8 thereof have signed the Convention without reservation of ratification or have deposited their instruments of ratification or accession.

2. This Convention shall enter into force for any Contracting Party three months after it has become a Contracting Party in accordance with the provisions of Article 8.

3. Any specific annex or chapter therein to this Convention shall enter into force three months after five Contracting Parties have accepted that specific annex or that chapter.