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Part Three. Article 8 499Sixth session: 6-17 December 1999Notes by the Secretariat1. The version of this article contained in A/AC.254/4/Add.1/Rev.1 remainedunchanged in the intermediate draft of the protocol (A/AC.254/4/Add.1/Rev.2). The longversion of article 7 included in those drafts was broken into new articles 7 bis, 7 ter and7 quater in the context of a new structure of chapter II of the draft protocol, proposed byAustria and Italy. With the exception of the titles of the articles and amendments to makereferences to paragraphs or articles consistent with the new proposed structure, no changeswere made to the text. In view of the above, part of former article 7 became article 7 bisand was reflected in A/AC.254/4/Add.1/Rev.3 as presented below.Rolling text (A/AC.254/4/Add.1/Rev.3)“Article 7 bis“Measures against the smuggling of migrants by sea“1. A State Party that has reasonable grounds to suspect that a vessel exercisingfreedom of navigation in accordance with international law and flying the flag ordisplaying marks of registry of another State Party is engaged in the smuggling ofmigrants may so notify the flag State, request confirmation of registry and, if confirmed,request authorization from the flag State to take appropriate measures withregard to that vessel. The flag State may authorize the requesting State, inter alia:“(a) To board the vessel;“(b) To inspect the vessel; and“(c) If evidence is found that the vessel is engaged in the smuggling of migrants,to take appropriate action with respect to the vessel, persons and cargo on board, asauthorized by the flag State.“2. A State Party that has taken any action in accordance with paragraph 1 ofthis article shall promptly inform the flag State concerned of the results of that action.“3. A State Party shall respond expeditiously to a request from another StateParty to determine whether a vessel that is claiming its registry or flying its flag isentitled to do so and to a request for authorization made pursuant to paragraph 1 ofthis article.“4. A flag State may, consistent with paragraph 1 of article 7, subject its authorizationto conditions to be agreed by it and the requesting State, including conditionsrelating to responsibility and the extent of effective measures to be taken, includingthe use of force. A State Party shall take no additional actions without the expressauthorization of the flag State, except those necessary to relieve imminent danger orthose which follow from relevant bilateral or multilateral agreements.“5. Each State Party shall designate an authority or, where necessary, authoritiesto receive reports of the smuggling of migrants and to respond to requests forassistance, confirmation of registry or the right of a vessel to fly its flag and authorizationto take appropriate measures.