LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

99	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."

[Go to pre-Conference observations and proposals by Governments and International Organizations]

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:

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

[Adopted: see Consideration, 5, below.]

[Withdrawn: 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 meeting and 5th meeting] 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.

[For subsequent Conference material on the development/approval of the final text of CISG article 99, go to Plenary Conference 11th meeting]

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