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484 Travaux préparatoires: United Nations Convention against Transnational Organized Crimeproposal submitted by Morocco (A/AC.254/L.60), in which new text was introduced as paragraph8 of article 4 or a new article 4 bis. Others opposed that proposal.Eighth session: 21 February-3 March 2000Notes by the Secretariat2. The version of article 4 contained in document A/AC.254/4/Add.1/Rev.2 remainedunchanged in the intermediate drafts of the protocol (A/AC.254/4/Add.1/Revs.3 and 4).Austria, Canada, France, Germany, Italy, Netherlands and United States of America(A/AC.254/L.188)As an alternative to paragraph 7 of article 4, Austria, Canada, France, Germany,Italy, the Netherlands and the United States proposed to insert the following text inparagraph 2 of article 3 (Purposes):“Nothing in this Protocol shall be interpreted as requiring States Parties to takemeasures against a migrant for the mere fact of having been smuggled.”Paragraph 7 of article 4 would consequently be deleted.Amendment to article 4, submitted by the Chairman (A/AC.254/L.191)The Chairman proposed to amend paragraph 3 of article 4 to read as follows:“3. Each State Party shall also, subject to the basic concepts of its legal system,adopt the necessary legislation or other measures to establish as a criminaloffence participation in, association with or conspiracy to commit, attempts to commitand aiding, abetting, facilitating and counselling the commission of any of theoffences established in accordance with paragraphs 1 and 2 of this article.” 24Rolling text (A/AC.254/4/Add.1/Rev.5)“Article 4“Criminalization“1. States Parties that do not already have in their domestic law offences coveringthe conduct described in this paragraph shall adopt the necessary legislation orother measures to establish as criminal offences when committed intentionally [andwhen involving an organized criminal group]: 2524At the eighth session of the Ad Hoc Committee, it was decided to replace the former text of paragraph 3 of article4 with text based on the corresponding agreed text of the revised draft convention, namely, article 4, paragraph (1) (d) (seeA/AC.254/4/Rev.7). Further discussion was deferred pending the revision.25Discussions were continuing with respect to the question of whether the protocol should apply to offences that“involved” an organized criminal group in some general way or only to offences actually “committed by” such a group.During the eighth session of the Ad Hoc Committee, a majority of delegations favoured the broader language “when involving”and felt that consistent language should be used throughout the protocol on this question (see also above, concerningarticle 4 of the protocol (Scope of application)).