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Part Three. Article 6 487“4. The working group agreed that the protocol should include reference to theoffences established in accordance with article 4 when smuggling of migrants was mentioned,in particular in [article 3 bis]; article 8, paragraph 2 (a); article 10, paragraphs 1and 3 (b), (d), (e) and (f); article 13; article 14, paragraphs 2 (c) and 3; and article 15.“5. The travaux préparatoires should indicate that any illegal means other thanthose set forth in article 4, paragraph 1 (c), should be as defined in domestic law.”Recommendations of the informal working group on article 4, submitted at therequest of the Chairperson (A/AC.254/L.258)The informal working group proposed to continue work on article 4 on the basisof the following text:“...“2. ...“Article 4“Criminalization“(a) Attempting to commit an offence set forth in paragraph 1 (a), (b) (i) or(c) of this article and, subject to the basic concepts of its legal system, attempting tocommit an offence set forth in paragraph 1 (b) (ii) of this article;“(b) Participating as an accomplice in an offence set forth in paragraph 1 (a), (b)(i) or (c) of this article and, subject to the basic concepts of its legal system, participatingas an accomplice in an offence set forth in paragraph 1 (b) (ii) of this article;”Notes by the Secretariat4. At its eleventh session, the Ad Hoc Committee considered, finalized and approvedarticle 4, as amended on the basis of the above-mentioned proposals. It was further decidedthat former paragraph 3 should be deleted and that the clause “subject to the basic conceptsof its legal system” should be moved to the beginning of subparagraph 2 (a) (proposalsubmitted by Colombia). The last amendments are reflected in the final text of the protocol,as included in the report of the Ad Hoc Committee (A/55/383, sect. IV, draft resolution,annex III), that was submitted to the General Assembly for adoption pursuant toresolution 54/126 of 17 December 1999.5. It should be noted that the representative of Pakistan requested that the report ofthe Ad Hoc Committee on its eleventh session should reflect that her country had joinedthe consensus on article 6, paragraph 1, of the protocol, but understood that the offencesestablished in accordance with that paragraph implied the involvement of an organizedcriminal group. The representatives of Denmark and Norway indicated that their countrieswould make an interpretative statement at the time of signing the protocol regarding article6, paragraph 4, in connection with a technical matter related to their penal systems.The representative of Japan requested that the report of the Ad Hoc Committee on itseleventh session should reflect his Government’s view that, in the application of paragraph3 of article 15 of the organized crime convention, States parties should not be obliged toestablish their jurisdiction under that provision over the offences established in accordancewith article 6 of the protocol.