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508 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeSixth session: 6-17 December 1999Notes by the Secretariat1. In the previous versions of the draft protocol (A/AC.254/4/Add.1/Rev.1 and 2),this article was incorporated as paragraphs 9 to 13 in a more extensive article 7 (Measuresagainst the smuggling of migrants by sea), which was broken into new articles 7 bis, 7 terand 7 quater in the context of a new structure of chapter II of the draft protocol proposedby Austria and Italy. With the exception of the titles of the articles and amendments tomake references to paragraphs or articles consistent with the new proposed structure, nochanges were made to the text. In view of the above, a new article 7 ter was reflected indocument A/AC.254/4/Add.1/Rev.3 as presented below.Rolling text (A/AC.254/4/Add.1/Rev.3)“Article 7 ter“Safeguard clauses“1. When evidence exists that a vessel is engaged in the smuggling of migrantsby sea, States Parties shall:“(a) Ensure the safety and the humanitarian handling of the persons on board andensure that any actions taken with regard to the vessel are environmentally sound; and“(b) Take appropriate action in accordance with relevant domestic and internationallaw. 1“2. If any measures are taken against a vessel suspected of being engaged inthe smuggling of migrants by sea, the State Party concerned shall take into accountthe need not to endanger the safety of human life at sea and the security of the vesseland the cargo or to prejudice the commercial and/or legal interests of the flagState or any other interested State. 2“3. States Parties shall take, adopt or implement such measures in conformitywith international law with due regard to:“(a) The authority of the flag State to exercise jurisdiction and control in administrative,technical and social matters involving the vessel; and“(b) The rights and obligations and the exercise of jurisdiction of coastal Statesin accordance with the international law of the sea. 31The language of this provision was derived from paragraph 17 of the interim measures for combating unsafe practicesassociated with the trafficking or transport of migrants by sea (the interim measures), approved in December 1998 bythe Maritime Safety Committee of the International Maritime Organization (MSC/Circ.896, annex, and also reproduced indocument A/AC.254/CRP.3).2The language of this provision was derived from article 17, paragraph 5, of the United Nations Convention againstIllicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 (The 1988 Convention) (United Nations, Treaty Series,vol. 1582, No. 27627) and from paragraph 7 of the interim measures.3The language of this provision was derived from article 17, paragraph 11, of the 1988 Convention and from paragraph6 of the interim measures.