LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference
[Outline of committee proceedings]
Document A/CONF.97/12 [Original: English 1 April 1980]
(. . .)
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 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).
"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:
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:
"(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:
[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:
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:
"(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:
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.
" 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.
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.
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