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362 Travaux préparatoires: United Nations Convention against Transnational Organized Crime3. The version of article 3 contained in document A/AC.254/4/Add.3/Rev.3 remainedunchanged in the intermediate drafts of the protocol (A/AC.254/4/Add.3/Revs.4 and 5).4. At the informal consultations held during the seventh session of the Ad HocCommittee, there was general agreement on deleting the square brackets throughout thetext of the article.5. At the informal consultations held during the seventh session of the Ad HocCommittee, it was recommended that further discussion of paragraphs 2 and 3 of article 3 shouldbe deferred pending finalization of the corresponding provisions of the draft convention.Ninth session: 5-16 June 2000Notes by the Secretariat6. At the ninth session of the Ad Hoc Committee, delegations based their commentson the text of article 3 of the revised draft protocol contained in documentA/AC.254/4/Add.3/Rev.6, which was the same as that contained in documentA/AC.254/4/Add.3/Rev.3, differing only in that the text in square brackets was deleted andthe words “of article 2” were replaced with the words “article 2 bis of this Protocol”. Itshould be noted that the Ad Hoc Committee had already agreed to include a new article,article 2 bis, on definition issues (see article 3 of the present protocol).Rolling text (A/AC.254/4/Add.3/Rev.7)“Article 3“Obligation to criminalize“1. States Parties shall adopt such measures as may be necessary to establishas criminal offences under their domestic law 4 the conduct set forth in article 2 bisof this Protocol and shall impose penalties that take into account the grave nature ofthose offences.“2. States Parties shall also adopt such measures as may be necessary to establishas criminal offences under their domestic law the following conduct and shallimpose penalties that take into account the grave nature of those offences: 5“(a) Attempting to commit an offence set forth in article 2 bis of this Protocol;and“(b) Participating as an accomplice in organizing, directing, aiding, abetting,facilitating or counselling the commission of an offence set forth in article 2 bis ofthis Protocol. 64At the ninth session of the Ad Hoc Committee, Colombia proposed that the words “irrespective of the consent ofthe person” should be deleted from subparagraph (a) of article 2 bis and that the words “, irrespective of the consent of thevictim,” should be inserted after the words “domestic law” in this article.5At the ninth session of the Ad Hoc Committee, some delegations proposed inserting the words “when committedintentionally” in paragraph 1 or 2 or both.6At the ninth session of the Ad Hoc Committee, there was general agreement to replace former subparagraphs (b) and(c) of this article with a merged text consistent with article 3, paragraph 1 (b), of the revised draft convention and to addthe words “participating as an accomplice in” (see, however, note 7 by the Secretariat). There was also general agreementto delete subparagraph (d) on the basis that article 3, paragraph 1 (a), of the revised draft convention would apply to theprotocol, mutatis mutandis.