ADOPTED: ADOPTED: 7 December 2022

REFERENCE: ENTERED INTO FORCE: 17 February 2026

DEPOSITARY: DEPOSITARY: Secretary General, United Nations

SECRETARY: SECRETARIAT: Secretary General, United Nations

IMPLEMENTATION

SIGNATURE, RATIFICATION, FORMAL CONFIRMATION AND ACCESSION

Article 17

1. This Convention is open for signature by all States.

2. This Convention is subject to ratification, acceptance or approval by the signatory States.

3. This Convention is open for accession by all States that are not signatories as from the date it is open for signature.

4. Instruments of ratification, acceptance, approval or accession are to be deposited with the depositary.

ENTRY INTO FORCE

Article 21

1. This Convention shall enter into force 180 days after the date of the deposit of the third instrument of ratification, acceptance, approval or accession.

2. When a State ratifies, accepts, approves or accedes to this Convention after the deposit of the third instrument of ratification, acceptance, approval or accession, this Convention shall enter into force in respect of that State 180 days after the date of the deposit of its instrument of ratification, acceptance, approval or accession.

3. This Convention shall apply only to judicial sales ordered or approved after its entry into force in respect of the State of judicial sale.

WITHDRAWAL

Article 20(4)

Any State that makes a declaration under article 18, paragraph 2, and article 19, paragraph 1, may modify or withdraw it at any time by a formal notification in writing addressed to the depositary. The modification or withdrawal shall take effect 180 days after the date of the receipt of the notification by the depositary. If the depositary receives the notification of the modification or withdrawal before entry into force of this Convention in respect of the State concerned, the modification or withdrawal shall take effect simultaneously with the entry into force of this Convention in respect of that State.

AMENDMENT

Article 22

1. Any State Party may propose an amendment to this Convention by submitting it to the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to the States Parties with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal. In the event that within 120 days from the date of such communication at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations.

2. The conference of States Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus are exhausted and no consensus is reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties present and voting at the conference. For the purposes of this paragraph, the vote of a regional economic integration organization shall not be counted.

3. An adopted amendment shall be submitted by the depositary to all States Parties for ratification, acceptance or approval.

4. An adopted amendment shall enter into force 180 days after the date of deposit of the third instrument of ratification, acceptance or approval. When an amendment enters into force, it shall be binding on those States Parties that have expressed consent to be bound by it.

5. When a State Party ratifies, accepts or approves an amendment following the deposit of the third instrument of ratification, acceptance or approval, the amendment shall enter into force in respect of that State Party 180 days after the date of the deposit of its instrument of ratification, acceptance or approval.

DECLARATIONS AND STATEMENTS

European Union

Declaration under Article 18(2) of the Beijing Convention on judicial sale of ships, adopted by the United Nations General Assembly on 7 December 2022 in New York, concerning the competence of the European Union over those matters governed by that Convention in respect of which the Member States have transferred their competence to the European Union

Article 18(1) of the Beijing Convention on Judicial Sale of Ships (‘the Convention’) provides that a Regional Economic Integration Organisation that is constituted by sovereign States and has competence over certain matters governed by the Convention may sign the Convention. Article 18(2) of the Convention provides that the Regional Economic Integration Organisation is to make a declaration specifying the matters governed by the Convention in respect of which competence has been transferred to that organisation by its member States. The European Union has decided to sign the Convention and is hereby making that declaration.

To the extent that they may affect common rules or alter the scope of the legal acts referred to in points (a) and (b), the matters governed by provisions of the Convention in respect of which the Member States of the European Union have transferred competence and in respect of which the European Union has exclusive competence within the meaning of Article 3(2) TFEU are the following:

(a) Article 9 of the Convention (‘Jurisdiction to avoid and suspend judicial sale’) with regard to the rules on jurisdiction in Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ EU L 351, 20.12.2012, p. l); and

(b) Article 4 of the Convention (‘Notice of judicial sale’) with regard to the rules on the service of judicial and extrajudicial documents in civil or commercial matters (service of documents) in Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil and commercial matters (OJ EU L 405, 2.12.2020, p. 40).

The competence of the European Union pursuant to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union (TFEU) is, by its nature, liable to continuous development. In the framework of the Treaties, the competent institutions may take decisions which determine the extent of the competence of the European Union. The European Union therefore reserves the right to amend this declaration accordingly, without any such amendment constituting a prerequisite for the exercise of its competence with regard to matters governed by the Convention. The Union hereby specifies that the Convention is to apply, with regard to the competence of the Union, to the territories of the Member States to which the TEU and the TFEU apply pursuant to Article 52 TEU and under the conditions laid down, inter alia, in Article 355 TFEU.

DENUNCIATION

Article 23

1. A State Party may denounce this Convention by a formal notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a non-unified legal system to which this Convention applies.

2. The denunciation shall take effect 365 days after the date of the receipt of the notification by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date of the receipt of the notification by the depositary. This

Convention shall continue to apply to a judicial sale for which a certificate of judicial sale referred to in article 5 has been issued before the denunciation takes effect.