LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

100	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:

(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:

[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 meeting and 4th meeting] 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.

[For subsequent Conference material on the development/approval of the final text of CISG article 100, go to Plenary Conference 11th meeting]

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