62/1989 Coll.
The Decree
Minister of Foreign Affairs of 21 September 2005. April 1989 on the Convention on
psychotropic substances
21 June. February 1971 was negotiated in Vienna Convention on psychotropic
substances.
The instrument of accession of the Czechoslovak Socialist Republic to the Convention on the
psychotropic substances has been deposited with the Secretary-General of the UNITED NATIONS,
the depositary of the Convention, 13 June 2005. October 1988, with reservations, that the Czechoslovak
Socialist Republic, in accordance with article 32, paragraph. 2 the Convention does not feel
to be bound by the provisions of article 19, paragraph. 1 and 2 of the Convention, where relevant
States which are deprived of the possibility to become party to the Convention in accordance with its
Article 25, and that they do not feel to be bound by the provisions of article 31, paragraph. 2
The Convention, which provides for the compulsory jurisdiction of the International Court of
the Court of Auditors, and declares that to the submission of the dispute to the International Court of Justice
his decision is in any case requires the consent of all parties
the dispute.
To access the Convention was at the same time made this statement:
and) to article 25: the provisions of article 25 of the Convention is in contradiction with the principle of
the sovereign equality of States and is discriminatory in nature. In this context, the
Czechoslovak Socialist Republic reaffirms its
the opinion that the Convention should be open to all States;
(b)), to article 27: Czechoslovak Socialist Republic considers it
also necessary to declare that the provisions of article 27 of the Convention is in violation of the
with the Declaration on the granting of independence to colonial countries and peoples,
adopted by the United Nations General Assembly resolution 1514/XV of 14 December. December
the 1960s, in which declared the need to immediately and unconditionally end with
colonialism in all its forms and manifestations.
Convention entered into force pursuant to article 26, paragraph. 1 day 16.
August 1976. For the Czechoslovak Socialist Republic entered in the
force in accordance with article 26(3). 2 day 11. January 1989.
Czech translation of the Convention shall be published at the same time.
In the text of the annex-list of psychotropic substances can be consulted on the
the Federal Ministry of Foreign Affairs.
Minister:
JUDr. Johanes in r.
Convention
on psychotropic substances
The preamble to the
The parties,
in an effort to take care of the health and welfare of mankind,
Noting with concern that the abuse of certain psychotropic
substances problems for population health and social problems,
determined to prevent the diversion of such substances and illicit trade, to
which abuse leads, and lead the fight against abuse and
illicit trafficking,
Bearing in mind that strict measures are necessary in order to use
These substances is limited to authorized purposes,
Recognizing that the use of psychotropic substances to medical and scientific
purposes is necessary and that the option to source them for these purposes should not
be unreasonably restricted,
considering that if the measures against the diversion of such substances
effective, must be coordinated and universally accepted,
Recognizing the competence of the United Nations, with regard to the control of the
psychotropic substances and desirous that the competent international authorities
in the framework of this Organization,
convinced that to achieve these objectives, the International Convention is needed,
have agreed as follows:
Article 1
The definition of the
If not explicitly stated otherwise or unless the context is not clear
something else they have in this Convention the following expressions mean:
and the expression "the Board") indicates the economic and Social Council of the Organization
the United Nations;
(b)), the term "Commission" refers to the Commission on narcotic drugs in the Council;
(c) the expression "the Office") indicates, the International Office of the Narcotics Control Board,
established on the basis of the single Convention on Narcotic Drugs of 1961;
(d)), the term "Secretary-General" means the Secretary-General of the Organization of the
the United Nations;
(e)) the phrase "psychotropic substance" means any substance, whether natural or
synthetic, or any natural material, referred to in list I, II,
(III) or (IV);
(f)), the term "product" refers to:
I) solution or mixture, in any physical state, containing one
or more psychotropic substances, or
II) one or more psychotropic substances in the form of benefits;
(g)) the expressions "List I", "II", "list of List III" and "IV" List
appropriately numbered lists of psychotropic substances, annexed to this
The Convention, which may be amended in accordance with article 2;
(h)), the terms "export" and "import" indicate, each according to its importance,
physical movement of psychotropic substances from one State to another;
I), the term "production" refers to all processes, which can be obtained
psychotropic substances, and also includes the cleaning and conversion of psychotropic
substances in other psychotropic substances. This expression also includes manufacture of
preparations, except those which are prepared in the Pharmacy at the medical
prescription;
(j)), the term "illicit trade" refers to the production of psychotropic substances or
trade with them in conflict with the provisions of this Convention;
the term "region") refers to the part of a State which is in accordance with article
28 is considered for the purposes of this Convention, a separate unit;
l) the term "premises" means a buildings or parts of buildings, including the land,
that belongs to them.
Article 2
The scope of control of substances
1. If a party or the World Health Organization reports on the
some of the substance, which is not yet under international control, based on the
which in its opinion is necessary, that that substance has been included in
one of the lists of this Convention, it shall notify the Secretary-General and
He shall submit all the information which its notification support. This procedure
will be applied also to some party or the World Health
the Organization reports to justify to some substance was
transferred from one list to another, or to a substance has been
dropped from the lists.
2. The Secretary-General shall transmit such notification, as well as the data referred to in
his opinion be considered serious, the parties, the Commission, and if the notification of the
made a party to, the World Health Organization.
3. If it appears from the data attached to the announcement that the substance in question is
suitable for inclusion in list I or list II pursuant to paragraph 4
This article, the Parties shall examine, on the basis of all data, which have to
available, the ability to apply on a provisional basis on this substance all control
the measures, which shall apply mutatis mutandis to the substances listed in adequately
List I or list II.
4. If the World Health Organization,
and that the substance has the ability to)
I) trigger
1. the State of dependency and
2. stimulation or attenuation of the central nervous system, manifesting
hallucinations or disorders of the motor function or thinking or behavior
or the perception or mood, or
(ii)) lead to similar abuse and similar harmful effects such as
a substance set out in Schedule I, II, III, or IV, and
(b)) that is sufficient evidence that the substance is abused, or that its
abuse is likely, so problems arise for health
the population and the social problems that justify that the substance
has been subject to international control,
then the World Health Organization shall submit to the Commission the evaluation
substances, which will be given in particular to the extent of the abuse or its
the probability, severity of the problem for the health of the population and
the problem of the social and the degree of use of the substance in the medical practice, as well as
recommendations on possible verification measures that would be appropriate on the
the basis of its evaluation.
5. Taking into account the report of the World Health Organization, whose
the evaluation will be critical in the medical and scientific issues, and
Mindful of the economic, social, legal, administrative and
other factors which it considers serious, the Commission may include this
substance in list I, II, III, or IV. The Commission may request additional
data from the World Health Organization or from other appropriate
the springs.
6. If a notification made under paragraph 1 of this article the substance,
that is already listed in one of the lists, notify the World Health
Organization the Commission its new findings, any new assessment of the substance,
can make according to the provisions of paragraph 4 of this article, and any
new recommendations on control measures which it deems appropriate on the basis of the
This assessment. The Commission, taking into account the report of the World Health
the organization referred to in paragraph 5 of this article and noting factors
referred to in this paragraph, may decide to convert the substance
from one list to another, or its deletion from the lists.
7. any decision of the Commission taken under this article shall communicate to the
the Secretary-General to all Member States of the United Nations,
non-Member States which are parties to this Convention, the World Health
the Organization and the Office. The decision has become final for each side in full
efficiency after the expiry of 180 days from the date of the communication, with the exception of the party
During this time the Secretary-General written notification regarding
the decision, which is a list of a particular substance, and
containing a statement that as regards the substance, the party due to the
exceptional circumstances cannot meet all the provisions of the Convention
relating to the substances referred to in the relevant list. In the notice will be
the reasons for this extraordinary decision of the landed party. Through such
each party will apply the notification at least this inspection
measures:
and the party, which announced) such a decision on the substance, which previously
was not subject to the control and has now been included in the list I will get by
the options in the account of the specific control measures referred to in Article 7a, if
as for such a substance, will be:
I request authorization) (licence) for its production, trade and
distribute, as provided for in article 8 for the substances mentioned in list II;
II) require that prescribed or issued only on medical
prescription as provided for in article 9 for substances in list II;
(iii)) to fulfil their commitments relating to exports and imports, as laid down in article 12,
with the exception of those liabilities in relation to some of the other side, which has
such a notice relating to that substance;
IV) to fulfil their commitments as laid down for the substances mentioned in list II in article 13
on the prohibition of and restrictions on export and import;
in a report to the Office) statistical reports referred to in point (a). and paragraph 4 of article)
16; and
vi) take measures according to the provisions of article 22, to combat crime, which
are in violation of the laws and regulations adopted to carry out the above
commitments.
(b)), the party, which announced the decision on the substance, which previously
was not subject to the control and has now been included in list II, will, if
as for such a substance:
I request authorization) (licence) for its production, trade and
distribution in accordance with the provisions of article 8;
II) require that prescribed or issued only on medical
prescription as provided for in article. 9 for the substances mentioned in list II;
(iii)) to fulfil their commitments relating to exports and imports, as laid down in article 12,
with the exception of those liabilities in relation to some of the other side, which has
such a notice relating to that substance;
IV) to fulfil their commitments as laid down in article 13 of the prohibition of and restrictions on export and
imports;
in a report to the Office) statistical reports referred to in point (a). and), c) and (d)) paragraph 4
Article 16; and
vi) take measures according to the provisions of article 22, to combat crime, which
are in violation of the laws and regulations adopted to carry out the above
commitments.
(c)), the party, which announced the decision on the substance, which previously
was not subject to the control and has now been included in the list, if III
as for such a substance:
I request authorization) (licence) for its production, trade and
distribution in accordance with the provisions of article 8;
II) require that prescribed or issued only on medical
prescription according to the provisions of article 9;
(iii)) to fulfil their commitments relating to exports, as set out in article 12, with the
obligations in relation to some of the other side, that has made such a
Notice concerning the substance;
IV) to fulfil their commitments as laid down in article 13 of the prohibition of and restrictions on export and
imports;
in) do the provisions of article 22 the measures to combat crime, which
are in violation of the laws and regulations adopted to carry out the above
commitments.
d) Party, which announced the decision on the substance, which previously
was not subject to the control and has now been included in the list, if you will, IV
as for such a substance:
I request authorization) (licence) for its production, trade and
distribution in accordance with the provisions of article 8;
II) to fulfil their commitments as laid down in article 13 of the prohibition of and restrictions on export and
imports; and
III) take measures according to the provisions of article 22, to combat crime, which
are in violation of the laws and regulations adopted to carry out the above
commitments.
e) Party, which announced the decision on the substance, which was
transferred to the list, subject to more stringent control measures
and liabilities, will at the very least, all the provisions of this Convention,
that apply to List, from which the substance was transferred.
8.
and) Commission's decisions taken under this article shall be subject to
a review by the Council, if requested by any Party within a period of 180 days after the
receipt of the report on the adoption of the decision. Request for review of the decision of the
will be submitted to the Secretary-General, together with all major data
on which the request for review is based.
(b) the Secretary-General shall forward copies) of the request for review of the decision and
the relevant data to the Commission, the World Health Organization and all parties
and invite them to submit within 90 days of their comments. All
received comments will be submitted to the Council for assessment.
(c)), the Council may confirm, alter or interfere with the decision of the Commission. The decision of the
The Council will be notified to all Member States of the United Nations,
non-Member States which are parties to this Convention, to the Commission, the world
Health Organization and the Office.
(d)) for the period up to the review of the original decision of the Commission by the Council in
efficiency, subject to the provisions of paragraph 7.
9. the Parties shall do everything in their power to make substances that do not fall
under this Convention, but can be diverted to the illicit manufacture of
psychotropic substances, have been subjected to surveillance that can be practically
accomplishable.
Article 3
Special provisions concerning the inspection of products
1. subject to what is provided for in the following paragraphs of this article,
the product is subject to the same control measures as a psychotropic substance,
which contains and contains more than one psychotropic substance,
the measures, which apply to one, which is subject to the strictest
checking.
2. If a preparation containing a psychotropic substance other than the
listed in list I, such a composition that does not represent any or
represents only a negligible risk of abuse and psychotropic
a substance that contains, it cannot be easily applicable means
recovered in such a quantity, that would allow the abuse, so
the product does not cause a problem for the health of the population or problem
social, then it may be a product referred to in paragraph 3 of this article
exempted from certain control measures laid down in this Convention.
3. If either party considers that the product falls under the provisions of the
the preceding paragraph, may decide that it is in its territory or in
some of its areas removed from one or all of the control
the measures provided for in this Convention, with the exception of obligations under these
articles:
and article 8) (permits), with regard to production;
(b)) article 11 (records), with regard to the products exempted from the inspection;
(c)), article 13 (prohibition of and restrictions on export and import);
(d)), article 15 (inspection), with regard to production;
(e)), article 16 (reporting Party), with regard to the products
exempted from the inspection; and
(f)), article 22 (criminal provisions), to the extent necessary for combating
acts that are contrary to the laws and regulations adopted to carry out the above
those commitments.
The Party shall notify the Secretary-General of any such decision, as well as
name and composition of the exempted preparation and control measures, each of which is
the product is withdrawn. The Secretary-General shall forward the notification to the other parties,
The World Health Organization and the Office.
4. If a party or the World Health Organization reports
regarding a product from the exempted in accordance with paragraph 3
This article, on the basis of which, in their opinion, it is necessary to
the exclusion of a product from the checks were completely or partially terminated, shall notify the
it to the Secretary-General, and submit it with all the information that the
notification support. The Secretary General shall send this notice, as well as
the figures, which are considered serious, the parties, the Commission, and if the notification of the
made a party to, the World Health Organization. World
Health Organization shall submit to the Commission the question of the preparation of the evaluation
from the perspective of the issues referred to in paragraph 2 of this article, as well as
recommendation of any control measures, of which the preparation should not
continue to be excluded. Taking into account the report of the World Health
the Organization, which will be crucial in matters of medical and
scientific, and mindful of the economic, social, legal,
Administrative and other factors it deems to be serious, the Commission
may decide, to the exclusion of any or all of
control measures have been completed. Every decision of the Commission adopted on
under this paragraph, the Secretary-General shall notify all the Member States
The United Nations, non-Member States which are parties to this
The Convention, the World Health Organization and the Office. Each Party shall take the
measures to prevent exclusion of the product from the control measures
or control measures have been completed within 180 days from the date of
the communication of the Secretary-General.
Article 4
Other special provisions regarding the scope of control
As regards other psychotropic substances, than are listed in list I,
The parties may authorise:
and) persons from one country to another to take with you for the
personal use of small quantities of preparations; each party will, however,
entitled to make sure that these preparations have been obtained legally
along the way;
(b)) the use of such substances in industry for the production of nepsychotropních
substances or products, but with the proviso that it will be subject to inspection
the measures prescribed by this Convention until the psychotropic substances
do not get into such a State that they will not be able to exploit virtually
or get them back; and
(c)) for the use of such substances, the capture of animals by persons who are
the competent authorities expressly authorised to use them for this purpose, but
subject to that substance shall be subject to the inspection measures prescribed by
This Convention.
Article 5
Restriction of the use of the medical and scientific purposes
1. each party will limit the use of the substances listed in Schedule I, as
provided for in article 7.
2. subject to the provisions of article 4, each Party shall limit the manufacture, export,
import, distribution, storage, use, and retention of substances listed in
Lists, (II), (III) and (IV), as well as trade with them, on the medical and scientific
purposes, and this use of the measures which it deems appropriate.
3. It is desirable that the parties didn't give possession of the substances referred to in
Lists, (II), (III) and (IV) otherwise than under the conditions provided for by law.
Article 6
Special Administration
It is desirable that each party has set up and maintain a Special Administration for the
the implementation of the provisions of this Convention. It will be advantageous if this administration
the same as the Special Administration established pursuant to the provisions of the conventions on
the control of narcotic substances or to act in close cooperation with her.
Article 7
Specific provisions relating to the substances listed in list I
As regards the substances referred to in list I, the Parties shall:
and prohibit any use), with the exception of the use of duly
authorized persons for scientific and very limited medical purposes in
medical or scientific establishments which are under the direct control of the
Government or act on the basis of the special permit;
(b)) will require that the production, distribution and possession of these substances, and
trade in them are subject to special authorization (licence) or the previous
the approval;
(c)) shall take the measures for strict supervision over the activities and actions referred to
in paragraphs) and (b));
(d) limiting the amount of substance) supplied to a person duly justified in the amount of
strictly necessary for the purposes for which the authorisation is granted;
(e)) will require that persons performing medical and scientific functions
keep a record of the substances with a detailed description of their use;
These records shall be kept for at least two years from the last
the use of recorded in them; and
f) prohibit export and import, with the exception of cases, when both the exporter and the
the importer are the competent authorities of exporting and importing equipment or
country or, according to circumstances, or other persons or undertakings,
which were the competent authorities of their country or region specifically
entitled to. The requirements set out in paragraph 1 of article 12 for export and
the import authorizations for substances in list II will also apply to
substances listed in list I.
Article 8
Authorisation (licence)
1. the Parties shall require that the manufacture and distribution of substances referred to in
Lists, (II), (III) and (IV), as well as trade with them (including the export and
import trade) were carried out on the basis of an authorisation (licence) or
other similar control measure.
2. the Parties shall:
and will oversee all of) duly authorized persons and enterprises
carry out the manufacture or distribution of the substances referred to in paragraph 1 of this
Article and trade (including export and import trade) or
participate in such activity;
(b)), will oversee on the basis of an authorisation (licence) or other similar
control measures on equipment and premises, in which the production,
distribution or trade;
(c)) shall ensure that in such establishments and premises have been made
security measures to prevent theft or other disposal or
zpronevěření inventory.
3. The provisions of paragraphs 1 and 2 of this article relating to the authorization system
(license) or other similar control measure is not to be
apply to persons who have the eligibility to exercise a profession in a hospital
preventive care, health care or research, and carry out their
function.
4. the Parties shall require that all persons who are, according to this
The Convention issued a permit (license) or to other appropriate
the permission referred to in paragraph 1 of this article or article 7, paragraph (b)),
have been duly qualified for the effective and reliable implementation
the provisions of the laws and regulations adopted on the basis of this Convention.
Article 9
Medical rules
1. the Parties shall require that the substances listed in Schedules II, III and IV
were not prescribed or dispensed for use by individuals other than the
medical prescription with the exception of cases, when individuals can legally
to receive, use, assign or administered these substances in hospital
preventive care, health care or research institutions.
2. The Parties shall take measures to ensure that the medical provisions on substances
listed in Schedules II, III and IV are issued with the highest medical
levels and will be subjected, in particular as regards their period of validity and
How many times it is possible to reuse them, such provisions, which
protecting the health and well-being of the population.
3. Notwithstanding paragraph 1 of this article, a party may, if required by
in its opinion local circumstances, authorise the authorised pharmacists and
other persons authorized to distribute in a small, designated authorities
in the country or in part for the health of the population, under conditions that
The party provides and which will be remembered on the keeping of records, released it in
exceptional cases for use by individuals for therapeutic purposes small
the quantities of substances listed in Schedules III and IV at its own discretion and
without a prescription, within which the parties.
Article 10
The warnings on the packaging and advertising
1. Each Party shall require, taking into account the relevant provisions or
the recommendations of the World Health Organization to where it is
practicable, and in any case on the package leaflet
consumer packages of psychotropic substances was given instructions to
use, including alerts and warnings, which in its opinion are necessary to
for the safety of the user.
2. each Party shall, taking due account of their constitutional provisions, disables the
advertising of psychotropic substances to the general public.
Article 11
Records
1. in respect of substances listed in Schedule I, the Parties shall require that
the producers and any other persons entitled referred to in article 7 to trade with
them and to distribute them, the records indicated each
Party; the records will indicate the details of the produced quantity
the amount of inventory on hand for each receipt and issue detailed information on
the amount, date, supplier and recipient.
2. in respect of substances listed in Schedules II and III, the parties will
require that manufacturers, persons authorized to distribute in bulk exporters
and importers led records in each party; records will be
include details of the quantities produced and for each income and
issue details of the quantity, date, supplier and recipient.
3. As regards the substances referred to in list II, the Parties shall require that
persons authorized to distribute in the small, hospital and medical equipment, and
scientific institutions keep records in a manner designated by each party;
the records will contain for each income and supply detailed information on the
the amount, date, supplier and recipient.
4. the Parties shall ensure that the appropriate methods and taking into account the professional and
the business practices of their countries to records on the receipt and delivery of substances
referred to in List III of the persons authorized to distribute in the small,
Hospital and medical devices and scientific institutions were
readily available.
5. As regards the substances specified in the list of IV, the Parties shall require that
manufacturers, exporters and importers led the way to the designated records each
Party; the records will contain information about our product, balanced and
the imported quantities.
6. the Parties shall require manufacturers of products exempt from inspection
in accordance with paragraph 3 of article 3 of the led records of each psychotropic
substances used in the production of a preparation exempted from control, as well as on the
the nature, quantity and total product produced the first issue of this
substances and exempted from the controls.
7. the Parties shall ensure that the records and information referred to in this article, that
are necessary for drawing up the reports referred to in article 16, were kept for a period of time
at least two years.
Article 12
The provisions on international trade
1.
and Each party) enables the export or import of the substances referred to in
The list I or II, will be required for each case of imports or exports,
Regardless, in the case of one or more substances specific import or
export permit on a form, a specimen of which will be drawn up by the Commission.
(b)) this authorization will include the international non-proprietary name of the substance
or, if there is no such name, its designation in the relevant list,
on the quantity that you want to export or import, the pharmaceutical form, name and
address of the exporter and importer and the period in which the export or import is
to take place. If the substance is exported or imported in the form of the product, the
also the name of the product, if there is an export permit will be
also contain the number and date of the import permit and the designation of the Office, which
is issued.
(c)) before issuing an export authorization the Parties shall require the submission of
the import authorization issued by the competent authority of the importing country or
the area, which confirmed that imports a substance or substances for which it is
is enabled; This authorisation will be presented by the person or undertaking which
applying for an export permit.
(d)) To each export consignment will be accompanied by a copy of the export permit and
the Government, which export permits issued, shall send the copy of the Government of the importing
the country or region.
(e)), after the importation has been effected, the Government of the importing country or returns
the area of the Government of the exporting country or region of export authorization with an endorsement
confirming the quantities actually imported.
2.
and the parties will require) to the exporter for the export of substances listed
in list III drafted on a form, a specimen of which will be developed
Commission declaration in triplicate, which will contain the following
information:
I) name and address of exporter and importer;
II) International Nonproprietary name of the substance or, if there is no such
the name, its designation in the relevant list;
(iii) the quantity of the substance and pharmaceutical) the form in which it is exported, and, if it is in
the form of the product, the name of the preparation, if any; and
IV) date of dispatch.
(b) Exporters shall submit to the competent authorities) of their country or region of the two
a copy of this statement. The third copy attached to your shipment.
(c)), the party from whose territory it is balanced by a substance referred to in the list
(III), shall send to the competent authorities of the importing country or region as soon as possible,
but not later than ninety days from the date of dispatch, in featured
the shipment one copy of the declaration received from the exporter
requests for confirmation of its receipt.
(d)) the parties may require the importer after the reception of the consignment sent by
the competent authorities of their country or region of the copies of the Declaration annexed
the consignment, with due acknowledgement that contains data about the quantity received
and the date of receipt.
3. in respect of substances listed in schedules I and II, will pay more
the following additional provisions:
and in free ports and) zones of the parties will carry out the same
surveillance and the same control as in the other parts of its territory, may
However, to apply more stringent measures.
(b)) in the form of Exports shipments addressed to your mailbox or to a bank
on account of a person different from the person whose name is listed in the export
permits, will be banned.
(c)) the export of substances listed in list I in the form of mail addressed to
the customs warehouse is prohibited. Exports of substances referred to in list II in the form of
mail addressed to the customs warehouse is prohibited, with the exception of cases
When the Government of the importing country shall certify on the import authorisation submitted to the
a person or an undertaking, which calls for an export permit that has allowed the importation of
shipments for the purpose of storage in a customs warehouse. In this case, it will be in the
export authorisation confirmed that the consignment is exported for this purpose.
Each drawing from the customs warehouse shall be subject to the presentation of the authorisation
issued by the authorities that manage the warehouse, and in the case of shipments to
abroad with her will be treated as if it were a new export within the meaning of this
Of the Convention.
(d) Cargo coming to the territory), some parties or exported from its
territory without permission, were accompanied by the export will be relevant
authorities detained.
(e)), regardless, if the consignment consists of means of transport,
that it carries, or not, the party will not allow its territory transit, no
the consignment of the substances specified in the other country, if the competent authorities of the
the Parties submitted a copy of the export permit for the consignment.
(f)), the competent authorities of the country or region, through which the passage is allowed
shipments of these substances, and shall take all measures necessary to prevent the
departure of the consignment to another destination than a place marked on the
a copy of the export permit attached to the consignment, if the Government of the country
or the area through which the consignment will not allow this derogation to outweigh, in
destination. The Government of the country or region of transit will assess each request for
change the destination, as if it were the exports of a country or region
place the new destination. If the change of the destination is enabled, the provisions
(a). e) of paragraph 1 of this article shall also apply between the country or
areas of transit and the country or region where the consignment was originally
exported.
g) No consignment of substances in transit or stored in a customs warehouse
cannot be subject to any interventions, which could change their nature.
Package cannot be changed without the authorization of the competent authorities.
(h) the provisions of subparagraph (a)). e) to (g)) of this paragraph relating to the transit of substances
the territory of a party shall not apply, if the shipment is transported by air,
assuming that the aircraft can land in the country or region of transit.
If the aircraft lands in this country or area, these provisions will be
apply to the extent that, as circumstances require.
and the provisions of this paragraph are not) in contravention of the provisions of the
international agreements that limit control, no longer can exercise
any party over the substances in transit.
Article 13
The prohibition of and restrictions on export and import
1. a party may, through the Secretary-General, notify all
the other parties that it prohibits in his country or in some of their
imports of certain areas or several substances listed in (II), (III)
or (IV) and listed in the notice. In any such notice
It will be exactly the name of the substance, as it is marked in the list (II), (III)
or (IV).
2. If a party has received a notice of the prohibition in paragraph 1 of this article,
shall take measures to ensure that none of the substances listed in the
the notification will not be exported to the country or to some of the areas of the parties,
that announcement has made.
3. Notwithstanding the provisions of the preceding paragraphs, the party which
made the notification referred to in paragraph 1 of this article, the specific import
the authorization for each individual case allow the importation of certain
the quantity of the abovementioned substances or preparations containing these
the substance. The authority of the importing country, that a special import permit issued
It must be sent in two copies, in which it will be referred to the name and address of the
exporter and importer, the competent authority of the exporting country or region,
which may then allow exporters to dispatch of the consignment. One copy of the
special import permits, duly certified by the competent authority
the exporting country or region will be attached to the consignment.
Article 14
Special provisions concerning the carriage of psychotropic substances in
lékárničkách first aid on board ships, aircraft or other public
means of transport, once the international transport
1. As regards the substances referred to in list II, III or IV,
international transport on ships, aircraft or other means of
international public transport, such as. in international trains or
coaches, in limited quantities, which could become necessary during the
the path for the provision of first aid and for urgent cases, will not be
deemed export, import or transit within the meaning of this Convention.
2. where means of transport are registered, shall take appropriate
protective measures to prevent the abuse of the substances referred to in paragraph
1 of this article or their disposal or embezzlement to illicit purposes.
The Commission will recommend this protective measures after consultation with the relevant
international organisations.
3. substances transported under the provisions of paragraph 1 of this article on the
ships, aircraft or other means of international public
transport, such as. in international trains and coaches, will be
be subject to the laws, regulations, permit and licenses of the country where it is
the means of transport is registered, without prejudice to the right of the competent
local authorities carry out an examination, inspection and other control operations in
These means of transport. The use of these substances in the case of an emergency
the needs will not be considered a violation of the provisions of paragraph 1 of article 9.
Article 15
Inspection
The Parties shall maintain a system of inspection of manufacturers, exporters and importers
psychotropic substances and persons authorised to have their distribution in large and
in the small, as well as medical and scientific equipment, that such substances
used. They will take care of the inspection of the relevant premises, inventory and
the records, which will be carried out as often as the parties will recognize for
necessary.
Article 16
Reporting Parties
1. the Parties shall submit to the Secretary-General information which may
ask the Commission there are necessary for the performance of its functions, and in particular
will submit annual reports on the implementation of the Convention in their territories, which
will include information
and) about important changes in their laws and regulations relating to the
psychotropic substances and
(b) the relevant facts) that occurred on their territory, if
as for the abuse of psychotropic substances and illicit trade with them.
2. the Parties shall also notify the Secretary-General of the names and addresses of the
Government authorities referred to in point (a). (f)), article 7, article 12 and paragraph
3 of article 13. The Secretary-General shall circulate this information to all parties.
3. Parties shall report to the Secretary-General as soon as possible the report on
each case of trafficking in psychotropic substances, or
the detention of substances, which were the subject of the illicit trade, if
the case will be considered important from the point of view:
and new trends which) appeared;
(b)) the amount by which it is;
(c) the lighting sources), the substance of which is coming from; or
(d)) of the methods used by persons who operate the illicit trade.
Copies of the reports will be distributed according to the provisions of subparagraph (a). (b)) of article 21.
4. the Parties shall submit to the Office the annual statistical reports on forms
drawn up by the Office, which will contain the following information:
and) as regards the substances referred to in lists I and II, for each substance quantity
produced, exported to each country or region, imported from each country
or area, as well as stocks, that are for producers;
(b)) in respect of substances listed in Schedules III and IV, for each substance
the quantity produced and the total quantity imported and exported;
(c)) in respect of substances listed in Schedules II and III for each substance
the quantity used for the production of preparations exempted from inspection; and
(d)) as regards the substances referred to in any of the lists in addition to the list, I, u
the quantity of each substance used for industrial purposes in accordance with the provisions of the
(a). (b)), article 4.
Quantity produced, that have in mind the provisions of subparagraph (a). and (b)))
the paragraph does not include the quantity of manufactured products.
5. each Party shall submit to the Authority, at its request, additional statistical
the data relating to the period of the next, the quantity of a substance listed in
List III or IV, exported to each country or region and imported from the
each country or region. Party may request the Office to how to request
the data and information submitted pursuant to this paragraph had
confidential.
6. the Parties shall submit the information referred to in paragraphs 1 to 4 of this
article in the manner and on the terms that the Commission or the Office may provide.
Article 17
Functions Of The Commission
1. the Commission may examine all the issues, which are related to the objectives of this
The Convention and the implementation of their provisions, and to make recommendations about these
issues.
2. the Commission decision referred to in articles 2 and 3 shall be taken by a two-thirds
majority of its members.
Article 18
The Message The Office Of The
1. the Office shall prepare an annual report on its work containing an analysis of the
statistical data that is available, and in justified cases
also, the interpretation of the explanatory notes, which the Government made or on which they have been
are required, together with the comments and recommendations, which the authority wishes to do.
The authority may also make additional reports it deems necessary.
Reports shall be submitted to the Council through the Commission, which may indicate
the comments that it deems appropriate.
2. The report of the Office shall be communicated to the parties and then published by the
Secretary. The parties give their consent to the unlimited expansion.
Article 19
Measures to ensure compliance with provisions of the Convention
1.
and if, after the examination) the information provided by the Office of Governments or
the information communicated to the authorities of the United Nations, the Office has reason to
considering that the objectives of this Convention are seriously threatened by some countries
or area does not comply with provisions of the Convention, the Office has the right to ask the Government
the relevant country or region for an explanation. Subject to the rights of the alert
The parties, the Council and the Commission on the question, as stated in (b) below. (c))
paragraph, the Office will be considered to be a request for clarification or explanation
provided by the Government under this provision for confidentiality.
(b)) After the measures taken on the basis of the provisions of subparagraph (a). and)
paragraph, the Office may, if it deems necessary, call upon the appropriate
Government to take measures to remedy that, according to the circumstances,
seem necessary to ensure compliance with the provisions of this Convention.
(c)) where the Office finds, that the Government has failed to provide a satisfactory explanation,
When it has been requested in accordance with (a). and this paragraph), or failed
take the measures to remedy, has been invited by (a). (b))
This paragraph may notify the Parties on the matter, the Council and the Commission.
2. draws the attention of the party when the Council and the Commission on any matter referred to in subparagraph (a).
(c) of paragraph 1 of this article), the authority may, if such a procedure will be considered
necessary, to recommend to the parties to stop the export of certain psychotropic
substances to the appropriate country or region, or to their imports from that country, or
the area or at the same time their imports and exports, either at a specific time or up to
in the meantime, until the authority has established a situation in this country or area
satisfactory. The State concerned may refer the matter to the Council.
3. the Office has the right to publish any report on the issue, which examined the
in accordance with the provisions of this article, and submit it to the Council, which shall circulate it
to all parties. The Office shall publish this report a decision taken on the
the basis of this article or any information relating to this
the decision is obliged to disclose in the message also the opinion of the competent
the Government, if requested.
4. in the event that the decision of the authority under this article was not published
taken unanimously, will be stated whether or not the opinion of the minority.
5. Every State will be invited to be represented at the meeting gave authority to the
which is referred to in this article discussed the question, which has a direct
interest.
6. Decisions of the Office pursuant to this article shall be taken by a two-thirds
a majority of the total number of members of the authority.
7. the provisions of the preceding paragraphs shall also apply if the Office has reason to
considering that the objectives of this Convention are seriously at risk due to
the decision that a party made under paragraph 7 of article 2.
Article 20
Measures against the abuse of psychotropic substances
1. The Parties shall take all possible measures to prevent abuse
psychotropic substances and ensure early detection, treatment, education and
rehabilitation of disabled persons, as well as care for them after the end of treatment and
their znovuzapojení to the company. The parties will coordinate their efforts
for this purpose.
2. The Parties shall, as far as possible to support the training of personnel for the healing and
the rehabilitation of persons who abuse psychotropic substances, as well as for
care after completion of treatment and their znovuzapojení to the company.
3. the Parties shall assist persons who it in the performance of their profession
they need to acquire knowledge about the problems of abuse of psychotropic
substances and the prevention of their abuse, and will also support, in order to
These knowledge spread in the general public, there is a risk that the
the abuse of such substances will take broad dimensions.
Article 21
Measures against illicit trade
Taking due regard to its constitutional, legal and administrative
system, the parties:
and take national measures for) coordination of preventive and
repressive actions against illicit trade; for that purpose, may
usefully for the matter to determine the appropriate authority which will be responsible for this
coordination;
(b)) will be each other's help in the fight against the illicit trade in
psychotropic substances and, in particular, will be immediately sent to the other
The parties directly concerned through diplomatic channels or
through the competent authorities, designated Parties for this purpose,
a copy of each report submitted to the Secretary-General in accordance with article 16 in
connection with the discovery of a case of illicit trade or to detention
substances which have been the subject of the illicit trade;
c) cooperate closely between themselves and with the relevant international
organisations of which they are members, for the purpose of conducting a coordinated fight
against illicit traffic;
(d)) will see to it that international cooperation between the competent authorities of the
was carried out quickly and effectively; and
(e)) shall ensure that in cases where the transfer occurs between countries
legal documents for implementation of the court proceedings, the documents
the shortest route passed to the authorities designated by the parties; This provision
It is not prejudicial to the rights of parties to require that legal documents were
sent through diplomatic channels.
Article 22
Criminal provisions
1.
and subject to the restrictions referred to in) with their constitutional rules, each party will
be considered as a criminal offence any act that is in conflict with the law
or regulation adopted to the fulfilment of the obligations under this Convention and was
committed intentionally, and to ensure that serious crimes have been charged
appropriate penalties, in particular imprisonment or other penalties of deprivation of liberty.
(b)) regardless of the provisions of the preceding paragraph, the letters in the
cases, when such offences committed by persons who,
abusers of psychotropic substances, the party may, either in place of conviction or
punishment or in addition to punishment, subject these persons referred to in paragraph 1
Article 20 the measure, whose purpose is the treatment, education and rehabilitation
These people care for them after completion of treatment and their znovuzapojení to
the company.
2. Subject to the restrictions in accordance with the constitutional rules of each party, the
the legal system and domestic law
and)
even if it was committed) in different countries, a number of offences that are
connected and are referred to in paragraph 1 of this article, each of these offences
will be considered as a separate offence;
II) intentionally participation in one of the listed offences,
Organisation for the purpose of committing a criminal offence and attempt, as well as
preparation and financial operations related to the offences referred to in
This article shall be regarded as offences, as provided for in
paragraph 1 of this article;
III) convictions for these offences abroad will be taken into account when
determine if this is a repetition of the offence; and
(iv)) referred to the serious offences, whether committed by its own nationals
nationals or foreigners, will be prosecuted, the Party on whose territory the
committed, or the Party on whose territory the offender resides, if the
his release is not permitted under the law of Parties, which was a request for
the issue presented, and if the offender has not been tried yet, and the judgment of the
has not yet been handed down.
(b)) it is desirable that the offences referred to in paragraph 1 and in point (ii) (a)).
and paragraph 2 of this article) were in each treaty on extradition of criminals,
or in the future will be concluded between the parties, included
among the crimes the perpetrators shall be issued, and that for such
the offences were recognised also that the issue between the Parties shall not make
the existence of the contract or about reciprocity, provided that the issue of
will be allowed under the law of Parties, which was submitted to the extradition request,
and that this party will have the right to refuse the arrest of the perpetrator or his
the issue, if the competent authorities consider that the offence is not
sufficiently serious.
3. any psychotropic substance or other substance, as well as each device
used or intended for committing any of the offences referred to
in paragraph 1 and 2 of this article may be seized and confiscated.
4. in matters of jurisdiction will have provisions of national law
the relevant Party superiority over the provisions of this article.
5. Nothing in this article shall affect the principle that the offences of
which speaks, will be laid down, prosecuted and punished in accordance with the
the national law of the parties concerned.
Article 23
The application of stricter control measures than required by the Convention
The parties may introduce sharper or more stringent control measures than
provided for in this Convention if, in their opinion, desirable or
necessary for the protection of the health and well-being of the population.
Article 24
The expenditure of the international authorities in connection with the implementation of the provisions of the Convention
The expenditure of the Commission and to the authority in connection with the implementation of their respective functions
in accordance with this Convention shall be borne by the United Nations in a manner
that will be determined by the General Assembly. Parties which are not members of the
The United Nations, will contribute to these expenses amounts,
that the General Assembly will be considered fair, and which specifies the time
from time to time, after consultation with the Governments of these parties.
Article 25
The procedure for the adoption, signature, ratification and access
1. the Member States of the United Nations, States that are not members of the
The United Nations, but are members of some professional organizations
The United Nations or of the International Atomic Agency
energy or are parties to the Statute of the International Court of Justice, as well as
and any other State to an by the Council, may become parties to the
of this Convention:
and the signature); or
(b) the ratification after the previous signature) subject to ratification; or
(c)) access to her.
2. This Convention shall be open for signature until 1. January 1972 inclusive. Then
It will be open for access.
3. the instrument of ratification or instrument of accession shall be deposited with the
the Secretary General.
Article 26
Entry into force of the
1. This Convention shall enter into force ninety days after the forty of
the States referred to in paragraph 1 of article 25 signed without reservation
of ratification or have deposited their instrument of ratification or instrument of accession.
2. For each State which signs it without reservation of ratification, or
deposit the instrument of ratification or instrument of accession after the last signature
or the deposit of the instrument according to the previous paragraph, this Convention shall take
the effectiveness of ninety days after the date of its signature or after the deposit of its
instrument of ratification or instrument of accession.
Article 27
Territorial efficiency
This Convention shall apply to all non-metropolitan territories
a party represents in international relations, except with
When, on the basis of the Constitution of the party or of the territory concerned, or
the basis of the Customs is to require the prior consent of the territory.
In such a case, the Party will try to get the necessary approval of this
the territory as soon as possible and as soon as it receives, it shall notify the
the Secretary-General. The Convention will apply to one or more of the territories
referred to in this notice from the date of the notification by the Secretary General
It receives. In cases in which the prior consent of nemetropolitního territory
It is not needed, the party concerned shall declare, when signing, ratifying or
access, on which non-metropolitan territory, the Convention shall apply.
Article 28
The area for the purposes of this Convention,
1. any party may notify the Secretary-General that, for the purposes of this
The Convention is its territory divided into two or more parts, or that the two
or more of its regions is associated in a single area.
2. Two or more parties may notify the Secretary-General that, in
due to the fact that between them the Customs Union was established, the following shall constitute the parties
for the purposes of this Convention, the one area.
3. All notifications referred to in paragraph 1 or 2 of this article shall become
effect on 1 May. January the year following the year in which the notification was
has been made.
Article 29
Denunciation Of The Convention
1. After the expiry of two years from the date when this Convention enters into force,
each party will be able to name his own or on behalf of the territory, which represents
international relations and withdrew its consent given in accordance with article
27, denounce this Convention by depositing an instrument of denunciation with the
the Secretary.
2. If the Secretary-General receives notice before the 1. July or 1.
July of any year, shall enter into force on the 1. January
the following year; If it receives the General Secretary after the 1. July,
takes notice of the effectiveness of, as if it was received before the 1.
July or 1. July of the following year.
3. this Convention shall cease to have effect, if as a result of the statements made by
notified pursuant to the provisions of paragraphs 1 and 2 of this article shall cease to be
the fulfilment of the conditions laid down in paragraph 1 of article 26, for entry into force.
Article 30
Changes
1. any party may propose an amendment to this Convention. The text of the amendments and
the reasons for which it is proposed, will be communicated to the Secretary-General,
who shall communicate them to the parties and the Council. The Council may decide either that the
and) shall convene a Conference in accordance with paragraph 4 of article 62 of the Charter of the Organization
the United Nations, to examine the amendment submitted by the
the proposal, or
(b)), that will prompt the parties to accept the proposed change, and at the same time
asks the Council to submit their possible comments to the proposal.
2. If a proposal to change elicited by (a). (b)), paragraph 1 of this
the article has not been rejected by any party in the course of eighteen months after its
circulation, shall become immediately effective. However, if the proposal to change rejected
one party, the Council may decide, taking into account the incoming
the comments of the parties to convene the Conference in order to explore
the relevant amendment.
Article 31
Disputes
1. If two or more parties to a dispute arose concerning the interpretation or
the implementation of this Convention, the Parties shall consult among themselves to
the dispute resolved by negotiation, inquiry, mediation, conciliation,
arbitration, referring to regional bodies, judicial process or other
by peaceful means of their choice.
2. any dispute of this kind, which cannot be resolved by means of
referred to in paragraph 1 of this article shall, at the request of either
The parties involved in the dispute submitted to the International Court of Justice to
decision.
Article 32
Reservations
1. No other reservations are not allowed, other than those which are made in
accordance with the provisions of paragraphs 2, 3 and 4 of this article.
2. Any State may, when signing, ratification or accession make reservations
those provisions of this Convention:
) and paragraphs 1 and 2 of article 19;
(b)), article 27;
(c) article 31).
3. A State which wishes to become party to this Convention, but wants to have the option of
to make a reservation, other than those listed in paragraphs 2 and 4 of this article,
may inform the Secretary General of its intention to do this. If, within
the expiry of twelve months from the date of notification of the relevant reservation in General
the Secretary-General of the third States which have signed the Convention without reservation
ratification, have ratified it or acceded to before the end of this
period, raised objections to this reservation, this will be considered
allowed, however, that States that the reservation objected,
will not be required to take on to the State, which will make the reservation, the legal
obligations arising from this Convention, subject to the reservation.
4. the State on whose territory there are plants growing wild
containing psychotropic substances listed in Schedule I, which traditionally
use a small, well-defined group of population in
magical or religious rites, may, when signing, ratifying or acceding
of this Convention or accession make reservations in the context of the
These plants, in respect of the provisions of article 7, with the exception of the
the provisions relating to international trade.
5. A State which has made reservations may at any time by written notification
the Secretary-General withdraw all or part of its reservations.
Article 33
Notification
The Secretary-General shall notify all the States referred to in paragraph 1 of article 25:
a) signatures, ratifications and accessions in accordance with article 25;
(b)) a day when this Convention enters into force in accordance with article 26;
c) denunciations in accordance with article 29; and
d) declarations and notifications under articles 27, 28, 30 and 32.
On the evidence of subscribers, duly duly authorised, have signed this Convention
on behalf of their respective Governments.
Given in Vienna, twenty-first February in the year one thousand nine hundred seventy
one in a single original in the English, Chinese, French,
the Russian and Spanish languages, all five texts being equally authentic.
The Convention shall be deposited with the Secretary-General of the United
Nations who shall send certified copies thereof to all the Member States of the Organization
the United Nations and the other States referred to in paragraph 1 of article 25.
