458/1991 Coll.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that 25. March 1972
He was in Geneva agreed a Protocol on amendments to the single Convention on narcotic drugs
substances of 1961.
With the Protocol have expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the instrument of accession of Czech and Slovak
The Federal Republic to the Protocol of amendments to the single Convention on narcotic drugs
substances of 1961 was deposited with the Secretary-General of the organisation
the United Nations, the depositary of the Protocol, on 4 December 2002. June 1991.
Protocol entered into force pursuant to its article 18, paragraph 2. 1 day 8.
August 1975. For the Czech and Slovak Federative Republic entered in the
into force in accordance with its article 18, paragraph 2. 2 day 4. July 1991.
Czech translation of the Protocol shall be published at the same time.
PROTOCOL
concerning amendments to the single Convention on Narcotic Drugs of 1961
The preamble to the
The Contracting Parties to this Protocol,
posuzujíce the provisions of the single Convention on Narcotic Drugs of 1961,
agreed in New York on 30. March 1961 (hereinafter referred to as "the Convention"), and
Desiring to supplement and amend the Convention,
have agreed as follows:
Article 1
Changes in article 2 of the Convention paragraph 1. 4, 6 and 7
Article 2, paragraphs 4, 6 and 7 of the Convention should be amended to their text
read as follows:
4. The list of products referred to in (III) shall be subject to the same control
measures such as products containing narcotic substances referred to in the list of
(II), with the exception that they are not used to paragraph 1. (b)) and 3-15
Article 31, and in terms of their acquisition and retail distribution,
(a). (b) article 34), and that the data required for the estimates (article 19), and
Statistics (article 20) will be limited to the quantities of narcotic drugs,
used in the manufacture of these products.
6. in addition to the control measures used for all drugs
The list and, subject to the provisions of (a) opium. (f)). 1 of article 19 and
Article 21 bis, 23 and 24, the leaves of the coca leaf to the provisions of articles 26 and 27 and cannabis
the provisions of article 28.
7. the Opium poppy, the coca bush, the cannabis plant, the stem and leaves of the hemp-poppy
are subject to the inspection measures referred to in article 19, paragraph 2. 1 (b). (e)),
Article 20 (2). 1 (b). (g)), article 21 bis and in articles 22 to 24, 22,
26 and 27; 22 and 28; 25; and 28, relating to individual drugs
the additives.
Article 2
Changes in the title of article 9 of the Convention and paragraph 2. 1 and insert new paragraph. 4 and
5
The title of article 9 of the Convention should be amended to read as follows:
The composition and functions of the Office
Article 9 paragraph 2. 1 of the Convention will be amended as follows:
1. the authority shall consist of thirteen members, elected by the Council in this composition:
and three members) with medical, pharmacological or pharmaceutical
experience, selected from a list of at least five persons nominated by the World
Health Organization;
b) ten members, selected from a list of persons nominated by the members of the organisation
the United Nations, as well as the parties that are not members of the United Nations.
In paragraph 3 of article 9 of the Convention, inserts these two new paragraphs:
4. In collaboration with Governments and in accordance with the terms of this Convention shall be
The authority to limit the cultivation, production, manufacture and use of narcotic drugs
substances on the adequate amount required for medical and scientific purposes,
to ensure that narcotic drugs for such purposes were available, and prevent
the illicit cultivation, production and manufacture of illicit drugs,
illegal trafficking and their illicit use.
5. All the measures taken by the authority pursuant to this Convention, as far as possible
in line with efforts to increase the cooperation of Governments with the authority, and will create
mechanism for a continuing dialogue between Governments and the Office, which will be
instrumental in the implementation of the Governments actions aimed at achieving the objectives of this
Of the Convention.
Article 3
Changes in article 10, paragraph 1. 1 and 4 of the Convention
Article 10, paragraph 1. 1 and 4 of the Convention should be amended so that their text was
as follows:
1. the members of the authority are in his post for five years and may be re-elected.
4. on the recommendation of the Office, the Council may revoke a member's Office, which already
does not meet the conditions in paragraph 1. 2 of article 9. This recommendation may
be made on the basis of the consent of the nine members of the authority.
Article 4
Change in article 11 (1) 3 of the Convention
Article 11 (1) 3 of the Convention should be amended so that its text was as follows:
3. the Minimum number of members required to attend meetings of the Authority's eight members.
Article 5
Change in article 12 paragraph 2. 5 of the Convention
Article 12 paragraph 1. 5 of the Convention should be amended so that its text was as follows:
5. To restrict the use and distribution of drugs at a reasonable
the quantities required for medical and scientific purposes, and to ensure that narcotic drugs
substances will be available for this purpose, the authority shall, in the shortest time
to confirm the approximate data, or with the approval of the respective Governments may also
Supplement. If it is not achieved between the Government and the authority of the agreement, the Office is
entitled to acquire, to tell and publish your own approximate data, including
Supplemental data.
Article 6
Changes in article 14, paragraph 1. 1 and 2 of the Convention
Article 14, paragraph 1. 1 and 2 of the Convention should be amended so that their text was
as follows:
1.
After examining a) if the information provided by the Office of the Government according to the
the provisions of this Convention or of the information issued by the authorities of the United Nations
or of its specialized agencies or other intergovernmental
organizations or international non-governmental organizations that are in the
subject matter directly competent and have the status of advisory bodies
Economic and Social Council under article 71 of the Charter of the United Nations,
or which have a similar status on the basis of a special agreement with the Council-
If the Commission, on the basis of the recommendations of the authority recognised by the Office of-
objective reasons, considers that the objectives of this Convention are seriously threatened
the fact that a party or a country or territory fulfils the provisions of the Convention,
The authority has the right to propose to the Government that the case was initiated
the negotiations, or it may ask for an explanation. If, in spite of the fulfilment of the
the provisions of the Convention, any party, any territory or some of the countries have become
an important center of illicit cultivation, illicit production, or
production of narcotic substances or illicit trade with them or their
the illicit use, or if there is evidence that there is a serious risk that
such a centre could become, relevant government authority has the right to
propose that the negotiations have been initiated on the matter. Subject to the right to notify the
The parties, the Council and the Commission on this question, as referred to in point (a). (d)) of this
paragraph, the Office will consider the request for information and explanation
the Government or the proposal for the opening of negotiations and private discussions with the Government, according to
the provisions of this letter as confidential.
(b)) After the measures taken on the basis of (a). and) of this paragraph may
The authority shall, if it deems necessary, may request the Government to
has negotiated remedy, which may seem necessary in the circumstances for the
the implementation of the provisions of this Convention.
(c) the relevant Government Office may) suggest, if such action is considered
necessary for the purpose of assessment of the matters referred to under (a). (d)) of this
paragraph, that thing on their territory to explore in a way that will
considered to be appropriate. If the Government decides the investigation
do this, you may ask the authority to provide expert opinion and gave her to
there one or two workers with the necessary skills who would
Government officials were assisted in the implementation of the proposed investigation.
The person of a worker or workers whose services the Office intends to offer,
subject to the approval of the Government. The methods of this investigation and the period within which it must be
the investigation completed, shall be determined by agreement between the Government and the authority.
The Government needs the authority to inform of the results of the investigation and indicate what measures
as it considers necessary to redress.
(d)) where the Office finds, that the Government has not produced a satisfactory explanation,
When it has been requested in accordance with (a). and) of this paragraph, or failed
arrange a remedy, though it has been invited by (a). (b)) of this
paragraph, or the situation is so serious that there is a need to correct
synergies at the international level, may without notice to the parties, the Council and the
To the Commission. The authority will act in this way, if the objective of the Convention
seriously at risk, and if it was not possible to resolve the matter satisfactorily otherwise.
This will proceed even if only if it finds that the situation is so
serious, that the remedy should be synergies at the international level, and
that the most appropriate way to promote such cooperation, it is
to inform about the situation of the parties, the Council and the Commission; When the Council examines the message
presented by the Office and the Commission's report, if available, can the thing
to notify the General Assembly.
2. draws the attention of the party when the Council and the Commission on any question, how
referred to in point (a). (d)), the Office may, if considered necessary, recommend
To the parties to stop the importation of drugs from the country concerned or of the competent
territory or the export of narcotics into this country or territory, or
stop at the same time, imports and exports, either for a specified period or until the
as long as the situation in a country or territory will not be satisfactory. The competent
the State has the right to refer the matter to the Council.
Article 7
A new article 14 bis
"Article 14 bis
Technical and financial assistance
In cases where the authority deems appropriate, either as
a complement to the measures laid down in article 14, paragraph 1. 1 and 2 or as their
an alternative to recommend with the consent of the competent authorities of the relevant Government
The United Nations, or of their professional organizations, to the Government of the
provided technical or financial assistance or assistance of both species on the
the performance of its obligations under the Convention, including the commitments laid down or
referred to in articles 2, 35, 38 and 38 bis. "
Article 8
Change in article 16 of the Convention
Article 16 of the Convention should be amended so that its text was as follows:
The Secretariat of the Commission and the authority shall be provided by the
Secretary. In particular, the Secretary-General of the authority shall be appointed by the Secretary-General
in agreement with the Office.
Article 9
Change in article 19, paragraph 2. 1, 2 and 5 of the Convention
Article 19 para. 1, 2 and 5 of the Convention should be amended so that their text was
as follows:
1. the Parties shall forward to the Office each year for each of its territory in the prescribed
the way the forms to the Office the approximate data relating to the following points:
and the quantity of narcotic substances) which is to be used for medical and
scientific purposes;
(b) the quantities of narcotic drugs), which will be used for the production of other
narcotic substances, preparations referred to in list III and materials not covered in
This Convention;
(c) the quantities of narcotic drugs), which will be on-hand to 31. December of the year to
which they relate the approximate data;
(d) the quantities of narcotic drugs,) that it is necessary to add the specific stocks;
e) area (in hectares) and the geographical location of the plot, which is to be
used for the cultivation of opium poppy;
(f)) the approximate quantity of opium, to produce;
(g)) the number of industrial plants, which will produce synthetic narcotic
of the substance;
h) quantities of synthetic drugs to be produced in
each of the establishments listed below the previous letter.
2.
and) subject to the deductions provided for in paragraph 3 of article 21, in whole
approximate data for each territory and each narcotic substance-in addition to opium and
synthetic drugs-will be the sum of the quantities referred to in (a).
a), b) and (d)). 1 of this article increased by the amount necessary to
that stocks as of 31. December of the previous year reached levels laid down
under the provisions of subparagraph (a). (c)). 1.
(b)), subject to the deduction referred to in paragraph 1. 3 of article 21, with regard to imports,
and in paragraph 1(b). 2 of article 21 bis, all approximate data for each territory will be
the sum of the quantity referred to in (a). a), b) and (d)). 1 of this
the article, plus the amount needed so that stocks as of 31. December
the previous year reached a level fixed in accordance with the provisions of subparagraph (a). (c))
paragraph. 1, or quantities referred to in (a). (f)). 1, depending on
that amount will be higher.
(c)), subject to the deduction referred to in paragraph 1. 3 article 21 all approximate
data for each territory and each synthetic narcotic substance will be the sum of the
either the quantities referred to in (a). a), b) and (d)). 1 of this article,
increased by the amount necessary to ensure that the inventory as of December 31. December
the previous year reached a level fixed in accordance with the provisions of subparagraph (a). (c))
paragraph. 1 or the amount referred to in point (a). (h)). 1 of this article,
Depending on which amount will be higher.
d) Approximate data provided according to the provisions of the previous letters
This paragraph should be appropriately adapted so as to take account of the
all quantities that have been seized and later freed for legal
use, as well as to all the quantity withdrawn from special stocks
for the needs of the civilian population.
3. subject to the deductions referred to in paragraph 1. 3 article 21 and, if necessary, with
taking into account the provisions of article 21 bis approximate data will not be
are exceeded.
Article 10
Changes in article 20 of the Convention
Article 20 of the Convention should be amended so that its text was as follows:
1. the Parties shall send to the Office for each of their territories, in the prescribed manner,
the Office of statistics on forms relating to the following points:
and the production or manufacture of narcotic drugs);
(b)) the use of narcotic drugs for the manufacture of other drugs, of preparations referred to in
List III and of substances not covered by this Convention, as well as poppy stems to
the production of narcotic drugs;
c) consumption of narcotic drugs;
d) import and export of narcotic drugs and poppy nati;
e) seizure of narcotics and seized quantities of allocation;
f) stocks of narcotic drugs to the 31. December of the year to which they relate
statistical data;
(g) the area for the cultivation of discoverable) opium poppy.
2.
and) statistical data relating to the matters referred to in paragraph 1. 1, with the exception of
(a). (d)), will be drawn up each year and handed Office by 30.
June of the year following the year to which they relate,
b) statistical data relating to the matters mentioned in subparagraph (a). (d)). 1
will be compiled on a quarterly basis and submitted to the Office within the time limit of one
months calculated from the end of the quarter to which they relate.
3. the parties may not provide information about specific stocks, served
However, separate statistics on narcotic drugs imported into the country
or territory or acquired in the country or territory for special needs,
as well as the quantity of narcotics was pumped from a special inventory for
meet the needs of the civilian population.
Article 11
The new article 21 bis
Article 21 of the Convention, puts this new article:
Article 21 bis
Restrictions on the production of opium
1. Opium production in each country or territory it is necessary to organize
and control so as to ensure that the quantity produced in one year
If possible, do not exceed the estimated number of opium to be produced,
as specified in (b). (f)). 1 of article 19.
2. If the Office according to the information, in accordance with the provisions of
This Convention available, found that the party that has submitted approximately
information referred to in subparagraph (a). (f)). 1 of article 19, has not reduced the opium produced on
its territory on lawful purposes in accordance with the relevant data and the approximate
that significant quantities of opium produced, whether legally or illegally on the
the territory of such party was used to illicit trafficking, may, after
explore the explanation submitted by the party concerned within one
months after the communication of the relevant findings in the matter of a decision, by deducting the entire
or part of the quantity from the total quantity to be manufactured, and
the approximate data within the meaning of the definition in subparagraph (a). (b)).
2 of article 19, for the earliest year in which can be such a calculation
technically implemented, taking into account the one-year period and to the terms and
commitments to export opium. The decision shall take effect ninety days after the
He was informed by the party concerned.
3. After the authority has informed the Party concerned of the decision made by the
on deduction pursuant to the provisions of paragraph 1. 2 of this article, will lead to this
A party to the negotiations in order to satisfactorily resolve the situation.
4. If no satisfactory solution to the situation, the Office may apply in accordance with
appropriate, the provisions of article 14.
5. in determining the deduction referred to in paragraph 1. 2 of this article, the Office shall take the
account not only of all the relevant circumstances, including circumstances that are
the cause of the problem of the illicit trade referred to in paragraph 2, but also
all the new control measures, that Party, where appropriate,
It has made.
Article 12
Change in article 22 of the Convention
Article 22 of the Convention should be amended so that its text was as follows:
1. If in the country or in the territory of a party, the situation is such that the
the ban on cultivation of opium poppy, the coca bush or the cannabis plant is, in
in its view, the most appropriate measure to protect public health and
benefit and to prevent narcotic substances have been used to
the illegal trade, the relevant Party disables their cultivation.
2. a party prohibiting cultivation of opium poppy or cannabis plant shall take
appropriate measures to seize all illegally propagated plants and to
their destruction, with the exception of a small amount that the party needs to
Scientific and research purposes.
Article 13
Change in article 35 of the Convention
Article 35 of the Convention shall be amended to its text read as follows:
Taking duly into account their constitutional, legal and administrative policies of the party:
and on a national scale) shall ensure the coordination of preventive and
repressive actions against illegal trade; for this purpose may determine the
the service responsible for implementation of this coordination;
(b)), will be each other's help in the fight against illicit trafficking
drugs;
c) cooperate closely between themselves and with the relevant international
organisations of which they are members, for the purpose of conducting joint combat
illegal trade;
(d)) ensure that international cooperation between the competent services of the
carried out quickly;
e) shall ensure that in cases where transmission occurs between countries of judicial
documents within a specific legal act, the documents were the shortest
the way cast at the address of the instance referred to by the parties; This
the provisions shall not affect the right of parties to apply to them the court papers were
sent through the diplomatic channel;
(f)) to communicate to, if they consider it appropriate, the authority and the Commission
through the Secretary General, in addition to the information required in
Article 18, whether or not information on the illicit traffic in narcotic drugs-related activities
substances, which is taking place on their territory, including information on the illicit
the cultivation, production and manufacture of illicit drugs, their
illicit use and trafficking;
(g)) the information referred to in the preceding paragraph be submitted if possible
in such manner and within such time limits as it requires Office; If
Party so requests, the authority shall assist in the administration of your
This information, as well as in its efforts to curb illegal activity
related drugs, which take place on its territory.
Article 14
Change in article 36 paragraph 1. 1 and 2 of the Convention
Article 36 para. 1 and 2 should be amended to read as follows:
1.
and) subject to their constitutional rules, each Party shall take the measures
needed to ensure that cultivation, production, manufacture, extraction, preparation, possession,
offer, posting sales, distribution, purchase, sale, delivery of
any title, mediation, sending, transit, transport, importation
and the export of drugs, not satisfying the provisions of this Convention, or
any other acts that would, in the opinion of such party may be contrary to
the provisions of this Convention, be considered as criminal offences, if they are
committed intentionally, and that serious cases have been assessed to a reasonable
punishment, in particular imprisonment or other custodial sentences.
(b)), notwithstanding the provisions referred to in the preceding subparagraph, the parties may
in the case that such crimes committed by the dependants of the
narcotic substance, arrange to have such persons received instead of the operative part of the
guilt and punishment. In addition, healing, education, rehabilitation, rehabilitation and
the new integration into society in accordance with the provisions of paragraph 1
Article 38.
2. subject to the constitutional provisions of each party, its legal system and
the national legislation
and)
I) each of the offences referred to in paragraph 1. 1, will be treated as a special
the offense, if committed in various countries;
II) intentional participation in one of the listed offences, aiding and abetting
or help, or attempt to commit them, as well as the preparation and intentionally
made by financial operations related to the offences referred to in this
Article shall be regarded as offences under the criminal penalties, referred to in
paragraph. 1;
III) convictions for these offences abroad which will also account for the gateway,
in order to determine if it is a repetition of the offence;
(iv) serious offences) referred to, whether it is committed by its own nationals
nationals or foreigners, will be prosecuted to the party in whose territory the
the offence occurred, or the Party on whose territory the offender is staying,
If according to the legislation of the parties that the request is made, the
the issue is not possible and if the perpetrator has not yet been prosecuted and tried.
(b))
I) each of the offences referred to in paragraph 1. 1 and in part ii) (a). and) para. 2
This article shall be considered to be subject to the issue of the case within the meaning of
each treaty on extradition concluded by the parties. The Parties shall
undertake to include such offences in every extradition treaty,
that will be concluded between them, such as offences subject to extradition.
II) If a party that makes extradition by the existence of
the treaty receives a request for extradition from another party with which it has concluded a
the extradition treaty, it may at its discretion consider this Convention for
the legal basis for extradition in respect of offences referred to in paragraph 1. 1 and in
part ii) (a). and) para. 2 of this article. The issue will be subject to additional
the conditions laid down by the laws of the requested Party.
III) parties which shall not subject the extradition by the existence of the Treaty,
they will treat the offences referred to in paragraph 1. 1 and in part ii) (a). and)
paragraph. 2 this article for offenses subject to extradition between them
the conditions laid down by the laws of the requested Party.
IV) issue will be approved under the laws of the requested Party, and quite apart from the
provisions set out in part i), (ii) and (iii)) (a)). (b) of this paragraph)
the party will have the right to refuse extradition in those cases
where the competent authorities consider that the offence is not serious enough.
Article 15
Changes in article 38 of the Convention and in its name
Article 38 of the Convention, and its name should be modified so that their text was
as follows:
Measures against the abuse of narcotic drugs
1. the Parties shall pay special attention to and receive practical
measures for the prevention of substance abuse and early
the findings, treatment, education, rehabilitation, rehabilitation and integration into the
the company of persons concerned, and their efforts will be coordinated so
in order to achieve its goals of.
2. If possible, the parties will assist in training
personnel in the treatment, post-treatment, rehabilitation and the new inclusion of people
addicted to narcotic drugs in society.
3. the Parties shall take all practical measures to ensure that persons whose work
It requires are made familiar with the problems of drug addiction and its
prevention, and will also increase the awareness of the wider public about these
issues, if the risk of substance abuse.
Article 16
Under article 38 of the Convention, this new article is inserted:
Article 38 bis
Agreement on regional centres
If, taking into account their constitutional, legal and administrative system, it
The party considers it desirable part of its campaign against illegal
the trade in drugs, in consultation with other interested
the parties in the region and, where appropriate, using the expert advice of the authority or
specialized agencies of the UNITED NATIONS agreements dealing with the creation of a
regional centres for scientific research and education, with a focus on the fight
against the problems caused by the illicit consumption of narcotic drugs and
the illegal trade in them.
Article 17
Languages of the Protocol and procedure for signature, ratification and access
1. this Protocol, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, will be open until 31 December 2008. December
1972, for signature by all parties and all signatories to the Convention.
2. this Protocol is subject to ratification by States that have signed it and that
have ratified the Convention or acceded to it. Ratification shall be
deposited with the Secretary-General.
3. This Protocol shall be after 31 December 2006. December 1972 opened to access all
Parties that have not signed the Protocol. The instrument of accession shall be
deposited with the Secretary-General.
Article 18
Entry into force
1. this Protocol shall enter into force together with the changes which it contains,
thirty days after the deposit of the fortieth instrument of ratification or instrument of
access in accordance with article 17.
2. for any State which saves the instrument of ratification or instrument of
After you save the access referred to the fortieth instrument, this Protocol in
into force thirty days after the deposit of its instrument of ratification or instrument of
access.
Article 19
The effect of the entry into force
Any State which became a party to the Convention after the introduction of this
Protocol enters into force pursuant to paragraph 1 of article 18, it will be considered,
If the files no different intention,
and a party to the Convention) in its accompanied form;
(b) a party to the Convention) in its nedoplněné form against another Side
The Convention, which is not bound by this Protocol.
Article 20
Transitional provisions
1. the functions of the authority referred to in the supplements contained in this Protocol shall be
performed by the date on which this Protocol enters into force on the basis of
paragraph 1 of article 18, by the authority designated by the Convention in its nedoplněné
the form.
2. the Council shall determine the date on which the Office according to their provisions on the basis of
supplements contained in this Protocol takes up his duties. To this date, the
against the parties to the Convention in its nedoplněné form and contract
The parties to the treaties listed in article 44 of the Convention that are not parties to the
This protocol assumes the functions of the authority designated in accordance with the Convention in its
nedoplněné form.
3. Of the members elected at the first election after the increase in the number of members of the authority of the
eleven to thirteen electoral period, six members shall end after three
years and the term of the remaining seven members after five years.
4. the members of the authority whose term is to end on the expiry of the above
referred to the initial period of three years, to be elected by lot, towed by the General
the Secretary-General immediately after the first election.
Article 21
Reservations
1. Any State may, when signing, ratifying or acceding to this Protocol, or
access to it to make a reservation for each add-in contained with
the exception of article 2 (2). 6 and 7 (article 1 of the Protocol), article 9
paragraph. 1, 4 and 5 (article 2 of this Protocol), article 10, paragraph 1. 1 and 4
(article 3 of this Protocol), article 11 (article 4 of this Protocol)
Article 14 bis (article 7 of the Protocol), article 16 (article 8 of this
The Protocol), article 22 (article 12 of the Protocol), article 35 (article
13 this Protocol), article 36 para. 1 (b). (b)) (article 14 of this
The Protocol), article 38 (article 15 of the Protocol) and article 38 bis
(article 16 of this Protocol).
2. a State which has made reservations may at any time, by written
communication totally or partially withdrawn.
Article 22
The Secretary-General submits the officially certified copies of this Protocol to all
the Contracting Parties and signatories to the Convention. As soon as this Protocol enters
force on the basis of article 18, paragraph 2. 1, the Secretary-General shall prepare the text
In the form of a Convention supplemented by this Protocol and shall surrender his certified
copies to all the States which are, or are entitled to become Contracting
Parties to the Convention in its accompanied form.
Done at Geneva, the twenty-fifth day of March, one thousand nine hundred and seventy-two in
a single copy which shall be deposited in the archives of the United Nations.
In witness whereof, the duly empowered, have signed this Protocol
on behalf of their Governments.
