artJ-XIII.html

ARTICLE [J] [became CISG article 99 ] ENTRY INTO FORCE

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"Article J -- Entry into force

"(1) This Convention enters into force on the first day of the month following the expiration of [thirteen] months after the date of deposit of the [tenth] instrument of ratification, acceptance, approval or accession by which a State declares that it will not be bound by the provisions of Part II or Part III of this Convention pursuant to Article G [became CISG article 92 ] above.

"(2) For each State ratifying, accepting, approving or acceding to this Convention after the [tenth] instrument of ratification, acceptance, approval or accession has been deposited, this Convention, with the exception of the part excluded, enters into force in respect of that State on the first day of the month following the expiration of [thirteen] months after the date of deposit of its instrument of ratification, acceptance, approval or accession.

"(3) A State which ratifies, accepts, approves or accedes to this Convention and is a party to either or both the Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods done at the Hague on 1 July 1964 (1964 Hague Formation Convention) and the Convention relating to a Uniform Law on the International Sale of Goods done at the Hague on 1 July 1964 (1964 Hague Sales Convention) shall at the same time denounce, as the case may be, either or both the 1964 Hague Sales Convention and the 1964 Hague Formation Convention by notifying the Government of the Netherlands to that effect, such denunciation or denunciations to be effective on the date this Convention enters into force in respect of that State.

"(4) A State which partially ratifies, accepts, approves or accedes to this Convention pursuant to Article G [became CISG article 92 ] by declaring that it will not be bound by the provisions of Part II of this Convention and which is a party to the 1964 Hague Sales Convention shall at the same time denounce that Convention by notifying the Government of the Netherlands to that effect, such denunciation to be effective on the date this Convention enters into force in respect of that State.

"(5) A State which partially ratifies, accepts, approves or accedes to this Convention pursuant to Article G [became CISG article 92 ] by declaring that it will not be bound by the provisions of Part III of this Convention and which is a party to the 1964 Hague Formation Convention shall at the same time denounce that Convention by notifying the Government of the Netherlands to that effect, such denunciation to be effective on the date this Convention enters into force in respect of that State.

"(6) Upon the deposit of the [tenth] instrument of ratification, acceptance, approval or accession (including an instrument which contains a declaration pursuant to article G) [became CISG article 92 ], the depositary shall inform the Government of the Netherlands as the depositary of the 1964 Hague Formation Convention and the 1964 Hague Sales Convention of the date on which this Convention will enter into force and of the names of the Contracting States to this Convention."

B. Amendments

2. Amendments to the article on Entry into force were submitted by the United Kingdom (A/CONF.97/C.2/L.6, A/CONF.97/C.2/L.8 and A/CONF.97/C.2/L.12) and a revised text of the initial proposal was submitted by the Secretary-General (A/CONF.97/C.2/L.17).

3. These amendments were to the following effect:

(a) In document A/CONF.97/C.2/L.6 the United Kingdom suggested that in paragraphs 1 and 2 of the article the future tense be substituted for the present tense.

[Referred to the Drafting Committee: see Consideration, 5, below.]

(b) The amendment proposed by the United Kingdom in document A/CONF.97/C.2/L.8 was to the effect of substituting in paragraph (1) the words "including an instrument which contains a declaration pursuant to Article G" [became CISG article 92 ] for the passage starting with "including" to the end of paragraph (1).

[Adopted: see Consideration, 5, below.]

(c) In the proposal contained in A/CONF.97/C.2/L.12, the United Kingdom suggested that the Committee should consider whether the words "such denunciation or denunciations to be effective on the date this Convention enters into force in respect of that State" in paragraph (3) and the similar passages in paragraphs (4) and (5) have any effect.

[Withdrawn: see Consideration, 5, below.]

(d) The new text proposed by the Secretary-General in A/CONF.97/C.2/L.17 is as follows:

"(1) This Convention enters into force, subject to the provisions of paragraph (6) of this article, on the first day of the month following the expiration of twelve months after the date of deposit of the [tenth] instrument of ratification, acceptance, approval or accession (including the deposit of an instrument of ratification, acceptance, approval or accession by which a State declares, pursuant to Article G [became CISG article 92 ], that it will not be bound by the provisions of Part II or Part III of this Convention).

"(2) For each State ratifying, accepting, approving or acceding to this Convention after the [tenth] instrument of ratification, acceptance, approval or accession has been deposited, this Convention, with the exception of the Part excluded, enters into force in respect of that State, subject to the provisions of paragraph (6) of this article, on the first day of the month following the expiration of twelve months after the deposit of its instrument of ratification, acceptance, approval or accession.

"(3) A State which ratifies, accepts, approves or accedes to this Convention and is a party to either or both the Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods done at the Hague on 1 July 1964 (1964 Hague Formation Convention) and the Convention relating to a Uniform Law on the International Sale of Goods done at the Hague on 1 July 1964 (1964 Hague Sales Convention) shall at the same time denounce, as the case may be, either or both the 1964 Hague Sales Convention and the 1964 Hague Formation Convention by notifying the Government of the Netherlands to that effect.

"(4) A State which partially ratifies, accepts, approves or accedes to this Convention pursuant to Article G [became CISG article 92 ] by declaring that it will not be bound by the provisions of Part II of this Convention and which is a party to the 1964 Hague Sales Convention shall at the same time denounce that Convention by notifying the Government of the Netherlands to that effect.

"(5) A State which partially ratifies, accepts, approves or accedes to this Convention declaring, pursuant to Article G [became CISG article 92 ], that it will not be bound by the provisions of Part III and which is a party to the 1964 Hague Formation Convention shall at the same time denounce that Convention by notifying the Government of the Netherlands to that effect.

"(6) For the purpose of this article, ratifications, acceptances, approvals and accessions in respect of this Convention by States parties to the 1964 Hague Formation Convention or to the 1964 Hague Sales Convention shall not be effective until such denunciations as may be required on the part of those States in respect of the latter two Conventions have themselves become effective. The depositary of this Convention shall consult with the Government of the Netherlands, as the depositary of the 1964 Conventions, so as to ensure necessary co-ordination in this respect."

[Adopted as amended: see Consideration, 5, below.]

C. Proceedings in the Second Committee

(i) Meetings

4. The Second Committee considered the article on the Entry into force at its 4th and 5th meetings on 24 and 25 March 1980.

(ii) Consideration

5. At its 4th meeting the Second Committee retained the revised text proposed by the Secretary-General in document A/CONF.97/C.2/L.17 as amended by the United Kingdom (A/CONF.97/C.2/L.8). Oral amendments by France and Austria were rejected. Paragraphs(2), (3), (4), (5) and (6) were adopted as drafted. An oral amendment by Ghana purporting to add the words "after it has entered into force" after the words "this Convention" in the second line of paragraph (2) was rejected. The proposal by the United Kingdom contained in A/CONF.97/C.2/L.6 to use the future tense instead of the present tense was referred to the Drafting Committee. An oral proposal by Iraq to add a new sentence to paragraph (3) which would embody in paragraph (3) the substance of paragraphs (4) and (5) was rejected. The United Kingdom withdrew its proposal contained in document A/CONF.97/C.2/L.12.

ARTICLE [E] [became CISG article 100 ] DATE OF APPLICATION

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"Article E [became CISG article 100 ] -- Date of application

"Each Contracting State shall apply the provisions of this Convention to:

"(a) the formation of contracts falling within the scope of article 1 of this Convention [became CISG article 1 ] when the proposal for concluding the contract has been made on or after the date of entry into force of this Convention in respect of the States in which the parties have their places of business; and to

(b) contracts falling within the scope of article 1 of this Convention [became CISG article 1 ] which were concluded on or after the date of entry into force of this Convention in respect of the States in which the parties have their places of business."

B. Amendments

2. Amendments to the article on Date of application were submitted by the USSR (A/CONF.97/C.2/L.20) and by the ad hoc working group composed of France, the Federal Republic of Germany, Japan, the Netherlands and the Hague Conference on Private International Law (A/CONF.97/C.2/L.11).

3. These amendments were to the following effect:

(a) The amendment by the USSR proposed that the article should be worded as follows:

"Each Contracting State shall apply the provisions of this Convention to:

"(1) The formation of contracts falling within the scope of article 1 of this Convention [became CISG article 1 ] when the proposal for concluding the contract has been made on the date of entry into force of this Convention in respect of that State or later;

"(2) Contracts falling within the scope of article 1 of this Convention [became CISG article 1 ] which were concluded on the date of entry into force of this Convention in respect of that State or later."

[Withdrawn: see Consideration, 5. below.]

(b) The proposal by the ad hoc working group composed of France, the Federal Republic of Germany, Japan, the Netherlands and the Hague Conference on Private International Law proposed a new formulation for Article E [became CISG article 100 ] which would read as follows:

"(1) This Convention does not apply to contracts concluded before its entry into force in respect of the Contracting States or States referred to in article 1 [became CISG article 1 ].

"(2) This Convention does not apply to the formation of contracts when the proposal for concluding the contract has been made before its entry into force in respect of the Contracting State or States referred to in article 1 [became CISG article 1 ]."

[Adopted as orally amended: see Consideration, 5, below.]

C. Proceedings in the Second Committee

(i) Meetings

4. The Second Committee considered the article on Date of application at its 2nd and 4th meetings on 18 and 24 March 1980.

(ii) Consideration

5. At its 2nd meeting, the Second Committee established an ad hoc working group composed of France, the Federal Republic of Germany, Japan, the Netherlands and the Hague Conference on Private International Law to draft a new text for Article E [became CISG article 100 ]. At its 4th meeting, the Second Committee considered the proposal of the ad hoc working group. An oral amendment was submitted by the United Kingdom to replace in both paragraphs the words "Contracting States or State" by "the Contracting States or the Contracting State". An oral amendment was submitted by Bulgaria to reverse the order of paragraphs (a) and (b). The Committee adopted the article on Date of application as orally amended by the United Kingdom and Bulgaria. The Netherlands orally submitted an amendment to the French version which was referred to the Drafting Committee. The amendment by the USSR was withdrawn at the 4th meeting.

6. An oral proposal made by France to place the article on Date of application after the article on Entry into force was adopted.

ARTICLE [K] [became CISG article 101 ] DENUNCIATIONS

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"Article K [became CISG article 101 ] -- Denunciations

"(1) A Contracting State may denounce this Convention (or Part II or Part III thereof), by means of a formal notification in writing addressed to the depositary.

"(2) The denunciation takes effect on the first day of the month following the expiration of one year after the notification is received by the depositary. Where a longer period is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary."

B. Amendments

2. Amendments to the article on Denunciations were submitted by the United Kingdom (A/CONF.97/C.2/L.6 and A/CONF.97/C.2/L.15) and by the German Democratic Republic (A/CONF.97/C.2/L.16).

3. These amendments were to the following effect:

(a) Document A/CONF.97/C.2/L.6 suggested that the future tense be substituted for the present tense in paragraph (2).

[Referred to Drafting Committee: see Consideration, 5, below.]

(b) Document A/CONF.97/C.2/L.15 suggested that the words "for the denunciation to take effect" be added after the words "where a longer period" in the second sentence of paragraph (2).

[Adopted: see Consideration, 5, below.]

(c) Document A/CONF.97/C.2/L.16 suggested adding a new paragraph (3) to read as follows:

"This Convention does not apply to contracts concluded after its denunciation becomes effective for the Contracting State or States referred to in article 1 [became CISG article 1 ]."

[Rejected: see Consideration, 5, below.]

C. Proceedings in the Second Committee

(i) Meetings

4. The Second Committee considered the article on Denunciation at its 6th meeting on 26 March 1980.

(ii) Consideration

5. At its 6th meeting, the Committee adopted the article on Denunciation as amended by the United Kingdom (A/CONF.97/C.2/L.15). The other amendment by the United Kingdom (A/CONF.97/C.2/L.6) was referred to the Drafting Committee. A proposal by the German Democratic Republic (A/CONF.97/C.2/L.16) to add a third paragraph was rejected.

TESTIMONIUM [AUTHENTIC TEXT AND WITNESS CLAUSE]

A. Text by the Secretary-General

1. The text proposed by the Secretary-General provided as follows:

"DONE at . . . this day of . . . in a single original, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic.

" IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their respective Governments, have signed this Convention."

B. Amendments

2. No amendments to the Testimonium (authentic text and witness clause) were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered the Testimonium (authentic text and witness clause) at its 6th meeting on 26 March 1980.

(ii) Consideration

4. The text prepared by the Secretary-General was adopted.

TITLES AND ORDER OF DRAFT ARTICLES CONCERNING IMPLEMENTATION, DECLARATIONS, RESERVATIONS AND OTHER FINAL CLAUSES

A. Text by the Secretary-General

1. The text prepared by the Secretary-General [1] provided as follows:

[1.] This text is to be found in Annex (A/CONF.97/C.2/L.24).

"Annex

"Article A [became CISG article 89 ] -- Depositary

"Article D [became CISG article 90 ] -- Relationship with international agreements containing provisions dealing with matters governed by this Convention

"Article F [became CISG article 91 ] -- Signature, ratification, acceptance, approval, accession

"Article G [became CISG article 92 ] -- Partial ratification, acceptance, approval or accession

"Article B [became CISG article 93 ] -- Federal State clause

"Article C [became CISG article 94 ] -- Declaration of non-application of Convention

"Article X [became CISG article 95 ] -- Clause relating to contracts in writing

"Article H [became CISG article 97 ] -- Procedure relating to declarations

"Article Y [became CISG article 98 ] -- Reservations

"Article J [became CISG article 99 ] -- Entry into force

"Article E [became CISG article 100 ] -- Date of application

"Article K [became CISG article 101 ] -- Denunciation

"Testimonium"

B. Amendments

2. No amendments were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered the order of the draft articles concerning implementation, declarations, reservations and other final clauses at its 9th meeting on 1 April 1980.

(ii) Consideration

4. At its 9th meeting the Second Committee approved the order proposed by the Secretary-General and referred the matter to the Drafting Committee.

III. Consideratlon by the Second Committee of the draft Protocol to the Convention on the Limitation in the International Sale of Goods

PREAMBLE

A. Text by the Secretary-General

1. The text prepared by the Secretary-General [1] provided as follows:

[1.] This text is to be found in Annex (A/CONF.97/C.2/L.18).

"The States Parties of this Protocol,

"Considering that international trade is an important factor in the promotion of friendly relations amongst States,

"Believing that the adoption of uniform rules governing the limitation period in the international sale of goods would facilitate the development of world trade,

"Considering that amending the Convention on the Limitation Period in the International Sale of Goods, concluded at New York on 12 June 1974, to conform to the Convention on Contracts for the International Sale of Goods, concluded at Vienna on . . . April 1980, would promote the adoption of the uniform rules governing the limitation period contained in the Convention on the Limitation Period in the International Sale of Goods,

"Have agreed to amend the said Convention as follows: "

B. Amendments

2. No amendments to the Preamble were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered the Preamble at its 6th meeting on 26 March 1980.

(ii) Consideration

4. The text prepared by the Secretary-General was adopted.

ARTICLES I TO VI

A. Text by the Secretary-General

1. The Committee had before it documents A/CONF.97/7, A/CONF.97/C.2/L.18, A/CONF.97/C.2/L.18/Add.1 and A/CONF.97/C.2/L.28.

B. Amendments

2. Amendments were submitted by Norway (A/CONF.97/C.2/L.14 and A/CONF.97/C.2/L.l9), the Federal Republic of Germany (A/CONF.97/C.2/L.21) and Japan (A/CONF.97/C.2/L.26).

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered these articles at its 7th, 8th and 9th meeting on 27, 28 March and 1 April 1980.

(ii) Consideration

4. At its 7th and 8th meetings, the Committee considered the comparative table prepared by the Secretary-General concerning provisions of the Prescription Convention and of the Contracts Convention in regard to scope of application and final provisions. At its 8th meeting the Committee decided to include in the draft Protocol articles amending articles 3, 4, 31, 34, 37 and 40 of the Prescription Convention. The relevant articles (I to VI) are to be found in document A/CONF.97/DC/L.8/Rev.1 and were considered and adopted by the Committee at its 9th meeting.

ARTICLE VII
(old Article VI 1)

[1.] The text of articles VII et seq. is to be found in A/CONF.97/C.2/L.18 under the old numbers indicated in brackets.

A. Text by the Secretary-General

1. The text proposed by the Secretary-General provided as follows:

"The Secretary-General of the United Nations is hereby designated as the depositary for this Protocol."

B. Amendments

2. No amendments were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered Article VII at its 6th meeting on 26 March 1980.

(ii) Consideration

4. The text prepared by the Secretary-General was adopted.

ARTICLE VIII
(old Article V)

A. Text by the Secretary-General

1. The text proposed by the Secretary-General provided as follows:

"(1) This Protocol shall be opened for accession by all States that are Contracting Parties or signatories in respect of the Convention of 12 June 1974.

"(2) Instruments of accession shall be deposited with the Secretary-General of the United Nations."

B. Amendments

2. An amendment to article VIII was submitted by Austria (A/CONF.97/C.2/L.22).

3. This amendment was to the effect of including a new article V bis to read as follows:

"Ratification of or adherence to this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol."

[Adopted as amended: see Consideration, 5, below.]

C. Proceedings in the Second Committee

(i) Meetings

4. The Second Committee considered article VIII at its 6th, 7th and 9th meetings on 26 and 27 March and 1 April 1980.

(ii) Consideration

Paragraph 1

5. At its 9th meeting the Committee accepted an oral amendment submitted by the USSR to delete the words "that are Contracting Parties or signatories in respect of the Convention of 12 June 1974" and adopted the paragraph as amended.

Paragraph 2

6. At its 7th meeting, the Committee adopted the new article proposed by Austria (A/CONF.97/C.2/L.22) and subsequently amended orally to read as follows:

"Accession to this Protocol by any State which is not a Contracting Party to the Convention shall have the effect of accession to the Convention as amended by this Protocol."

7. At its 9th meeting, the Committee accepted an oral amendment submitted by France to add the new article as paragraph 2 to Article VIII. At the 9th meeting a further oral amendment was adopted to add the words "Subject to the provisions of Article XI" at the end of new paragraph 2.

Paragraph 3

8. The Committee adopted the text prepared by the Secretary-General (former paragraph (2)) at its 6th meeting.

ARTICLE IX
(old Article VI)

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"(1) This Protocol shall enter into force on the first day of the . . . month following the deposit of the [second] [sixth] instrument of accession, provided:

"(a) that the Convention of 12 June 1974 is itself in force on that date; and

"(b) that the Convention on contracts for the international sale of goods, concluded at Vienna on . . . is also in force.

"If applicable, this Protocol shall enter into force on that date when both conditions referred to above are fulfilled.

"(2) For each State acceding to this Protocol after the [second] [sixth] instrument of accession has been deposited, this Protocol shall enter into force on the first day of the . . . . . . . . . . . . month following the deposit of the instrument, provided that the conditions set forth in paragraph (1) of this article for the purpose of the initial entry into force of this Protocol are fulfilled by that date.

"If applicable, this Protocol shall enter into force for the State concerned on the date when the said conditions are fulfilled."

B. Amendments

2. No amendments were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered Article IX at its 6th meeting on 26 March 1980.

(ii) Consideration

4. At its 6th meeting, the Committee decided that the Protocol should enter into force on the first day of the sixth month following the deposit of the second instrument. The Committee decided that for each State acceding to the Protocol after the second instrument of accession has been deposited, the Protocol should enter into force on the first day of the sixth month following the deposit of the instrument. The last sentence of each paragraph of this article was referred to the Drafting Committee.

NEW ARTICLE VI bis -- PROPOSAL BY CZECHOSLOVAKIA

A. Text Proposed by Czechoslovakia

1. The text proposed by Czechoslovakia (A/CONF.97/C.2/L.27) provided as follows:

"New Article VI bis

"Any State may declare, at the time of the deposit of its instrument of accession, that it will apply the Protocol only to contracts of sale of goods between parties having their places of business in different Contracting States."

B. Amendments

2. No amendments were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered the new article submitted by Czechoslovakia at its 9th meeting on 1 April 1980.

(ii) Consideration

4. The Second Committee rejected the Czechoslovakian proposal.

ARTICLE X
(old Article VII)

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"Any ratification or accession effected in respect of the Convention of 12 June 1974 after the entry into force of this Protocol shall be considered to constitute an accession in respect of this Protocol provided that the State concerned notifies the depositary accordingly."

B. Amendments

2. No amendments were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered Article X at its 6th meeting on 26 March 1980.

(ii) Consideration

4. At its 6th meeting, the Committee adopted Article X as amended orally by the United States in order to place at the beginning of the article the part of the article which begins with the words "provided that the State".The Netherlands which had made an oral amendment to the same effect withdrew its amendment.

ARTICLE XI
(old Article VIII)

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"Any State which becomes a Contracting Party to the Convention of 12 June 1974 as amended by this Protocol, by virtue either of Article VI or of Article VII of this Protocol shall, unless it notifies a contrary intention, be deemed to be also a Contracting Party to the Convention of 12 June 1974, unamended, in relation to any Contracting Party to the latter Convention not yet a Contracting Party to this Protocol."

B. Amendments

2. No amendments were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered Article XI at its 7th meeting on 27 March 1980.

(ii) Consideration

4. At its 7th meeting, the Committee adopted Article XI as orally amended by the United States of America to add the words "the depositary of" after the words "unless it notifies" and as further amended to include a reference to article VIII.

ARTICLE XII
(old Article VIII bis)

A. Text by the Secretary-General

1. The text prepared by the Secretary-General 1 provided as follows:

[1.] This text is to be found in A/CONF.97/C.2/L.18/Add.2.

"Denunciation

" 1. A Contracting State may denounce this Protocol by notifying the depositary to that effect.

"2. The denunciation shall take effect on the first day of the month following the expiration of 12 months after receipt of the notification by the depositary.

"3. Any Contracting State in respect of which this Protocol ceases to have effect by application of paragraphs I and 2 of this article shall remain a Contracting Party to the Convention of 12 June 1974, unamended, and shall consequently continue to be bound by the said Convention in accordance with the provisions of the latter and with article [VIII] of this Protocol, unless it denounces the unamended Convention in accordance with article 45 thereof."

B. Amendments

2. No amendments were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered article XII at its 7th, 8th and 9th meetings on 27 and 28 March and 1 April 1980.

(ii) Consideration

4. At its 7th meeting, the Committee requested the Secretary-General to prepare an article on denunciation to be added to the Draft Protocol. At its 8th meeting, the Committee adopted paragraphs 1 and 2. At its 9th meeting it accepted an oral amendment submitted by Japan to delete the words "and with article [VIII] of this Protocol" and adopted paragraph 3 as amended.

ARTICLE XIII
(old Article IX)

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"(1) The depositary shall transmit certified true copies of this Protocol to all the Contracting Parties and signatories in respect of the Prescription Convention.

"(2) When this Protocol enters into force in accordance with article VI, the depositary shall prepare a text of the Prescription Convention as amended by this Protocol and shall transmit certified true copies to all States Parties or entitled to become Parties to the Prescription Convention as amended by this Protocol."

B. Amendments

2. No amendments were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered article XIII at its 7th and 9th meetings on 27 March and 1 April 1980.

(ii) Consideration

4. At its 7th meeting, the Committee approved an oral amendment submitted by the United States to replace the words "the Prescription Convention" by the "Convention of 12 June 1974". At its 9th meeting, the Committee approved an oral amendment submitted by the USSR to replace, in paragraph 1, the words "the Contracting Parties and signatories in respect of the Convention of 12 June 1974" by the word "States", and to delete in paragraph 2, the words "or entitled to become Parties". The article as amended was adopted.

TESTIMONIUM (AUTHENTIC TEXT AND WITNESS CLAUSE)

A. Text by the Secretary-General

l. The text prepared by the Secretary-General 1 provided as follows:

[1.] this text is to be found in A/CONF.97/C.2/18.

" DONE at . . . this day of . . . in a single original, of which the (Arabic), Chinese, English, French, Russian and Spanish text are equally authentic."

B. Amendments

2. No amendments were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered the testimonium at its 7th meeting on 27 March 1980.

(ii) Consideration

4. The Committee removed the brackets and adopted the text prepared by the Secretary-General.

IV. Consideration of the Report of the Drafting Committee to the Committee

At its 9th meeting on 1 April 1980, the Committee decided that the Drafting Committee should report directly to the Plenary Conference.

V. Consideration of the Report of the Committee to the Plenary Conference

At its 9th meeting on 1 April 1980, the Committee considered and adopted the draft report submitted by the Rapporteur.