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Original text
(Status 14 March 2006)
Resolved to continue their efforts to combat drug abuse and illicit trafficking in narcotic drugs and conscious that only close cooperation among all States can enable these efforts to achieve their goal,
Recalling that, through international instruments, efforts have been made towards an effective drug control system and driven by the desire to strengthen national and international control of narcotic drugs,
Whereas, however, it is essential to limit the medical and scientific needs and regulate the production of the raw materials from which natural narcotic drugs are obtained, and finding that the problems The most urgent are the control of poppy cultivation and the production of opium,
Unless otherwise expressly provided, either expressly or in the context, the following definitions shall apply to the provisions of this Protocol. The term is:
1 RS 0.812.121.4
2 RS 0.812.121.21
3 RS 0.812.121.5
The Parties shall limit the use of opium to medical and scientific purposes only.
To control the production, trade and use of opium:
Any Party which permits the cultivation and use of opium for purposes other than the production of opium, whether or not this Party permits the production of opium, undertakes:
To limit the amount of opium produced in the world to medical and scientific needs:
1. The Parties undertake to limit the import and export of opium solely to medical and scientific requirements.
Greece,
India,
Iran,
Turkey,
Union of Soviet Socialist Republics,
Yugoslavia;
3. Notwithstanding the provisions of para. A from s. 2 of this Article, any Party may authorize, exclusively for its domestic consumption and without exceeding the requirements of one year, the importation and exportation of opium produced in one of those Territories between its territories.
4. The Parties shall apply to imports and exports of opium the system of import licences and export authorisations provided for in Chapter V of the 1925 Convention, subject to Art. 18 of the latter will be inapplicable. However, it will be open to a Party to impose more restrictive conditions on its imports and exports of opium than those stipulated in Chapter V of the 1925 Convention.
1. Except as otherwise provided in this article, all opium seized in illicit transactions must be destroyed.
(2) Any Party shall have the right to transform, under its control, in whole or in part, in non-narcotic substances, the narcotic drugs seized, or has the right to reserve, in whole or in part, that opium and the alkaloids which May be made from such opium, to such medical or scientific uses as may be made by the Government, or which may be made under its control.
3. Any producer State listed in paragraph (a) of subs. 2 of the art. 6 and which is a party to this Protocol shall have the right to consume and export opium seized in its country or the alkaloids manufactured from that opium.
4. Opium seized and may be identified as stolen from a State warehouse or other lawful warehouse may be returned to its owner.
5. Any Party that does not permit the production of opium or the manufacture of opium alkaloids in its territory may, as soon as it has obtained the authorization of the Committee, export to the territory of a Party that manufactures Opium Alkaloids, A determined quantity of opium that its own authorities have seized, in order to obtain, in return, the alkaloids of opium, or drugs containing opium alkaloids, or to have these alkaloids extracted for its own needs Medical or scientific. However, the quantity of opium so exported for a given year shall not exceed the equivalent quantity, in opium, of the annual requirements of the exporting Party both in medicinal opium and in drugs containing opium or alkaloids Of the opium; the quantity in surplus shall be destroyed.
1. In a similar manner to what is intended for "drugs" in the 1931 Convention, each Party shall forward to the Committee on Assessments for the following year in respect of each of its territories:
2. Total evaluations for each country or territory shall be the sum of the quantities specified in paras. A and b of the preceding paragraph, increased by the amount necessary to carry the stocks referred to in subparagraphs (c) and (d) of the same paragraph at the desired level, or decreased by the fraction of those stocks which would exceed that level. However, these increases and decreases should be taken into account only in so far as the Parties concerned have sent the necessary assessments to the Committee in a timely manner.
Each Party which authorizes the production of opium shall submit annually to the Committee for each of its territories an assessment of the area (in hectares), indicated as exactly as possible, on which it proposes to Cultivate opium to harvest opium, and approximate estimates of the amount of opium to harvest based on the average yield over the previous five years. If poppy cultivation for this purpose is permitted in more than one region, this information must be provided separately for each region.
5. Each assessment shall be accompanied by a presentation of the method used to establish it and to calculate the various quantities recorded in it.
6. The Parties may provide additional assessments, diminishing or increasing the initial assessments; these additional evaluations should be sent promptly to the Committee with an explanation of the reasons for the changes. With the exception of para. B at par. 4 as well as s. 9, the provisions of this Article shall apply to such supplementary assessments.
The assessments shall be reviewed by the Monitoring Body, which may request any further indication or clarification to complete an assessment or to explain any indication contained therein, and may amend, with the consent of the Interested government, these assessments.
The Committee shall request, for the countries or territories to which this Protocol does not apply, evaluations established in accordance with the provisions of this Protocol.
9. If, for any country or territory, assessments are not received by the Committee on the date fixed by the Committee in accordance with para. B at par. 4 of this Article, such assessments shall be established, as far as possible, by the Control Body.
10. The evaluations provided for in s. 1, including assessments established by the Board in accordance with paragraph 1. 9 of this Article, shall not be exceeded by the Parties until such time as they have been amended, if necessary, by further assessments.
11. If the record of imports and exports to the Committee is determined under s. 9 of this Protocol or of Art. 22 of the 1925 Convention that the quantity of opium exported to any country or territory exceeds the total of the assessments defined in subs. 2 of this Article for that country or territory, increased by its exports, the Committee shall immediately notify all Parties. They will no longer be able to authorise, during the year in question, no new exports to that country or territory, except:
The Parties shall provide to the Committee for each of their territories:
2. The statistics referred to in par. 1 of this section shall be established on the forms for which the Committee prescribes employment and the manner in which it determines.
3. The producing States Parties to this Protocol shall provide as much as possible to the Committee, if they have not already done so, the statistics required at paragraph (i) of para. A from s. 1 of this article for 1946 and subsequent years.
4. The Committee shall publish the statistics referred to in this Article, in the form and at intervals it deems appropriate.
The Parties shall provide the following reports to the Secretary-General:
2. The Parties shall also provide the Secretary-General with additional information on any significant changes to the matters referred to in the preceding paragraph.
In order to monitor the implementation of the provisions of this Protocol, the Committee may take the following measures:
(2) The Party concerned shall be entitled, through its representative, to make a statement before the Committee before a decision is taken under paragraph (c) of the preceding paragraph.
3. Decisions taken under paras. C and d of s. 1 of this article shall be to the majority of all members of the Committee.
4. If the Committee publishes its decisions under para. D of s. 1 of this section, or any information relating thereto, shall also publish the views of the Government concerned, if requested by that Government.
1. Public Statements
If the Committee finds that the failure by a Party of the provisions of this Protocol seriously impedes control of narcotic drugs in any territory of that Party, or in any territory of another State, it may take The following measures:
2. Embargo recommendation
If the Committee finds:
It may recommend to the Parties an embargo on the importation of opium originating in the country or territory concerned or on the export of opium to the country or territory concerned, or, at the same time, on the import and export of opium, or For a specified period of time, or until the situation with regard to opium in the country or territory in question gives satisfaction to it. The State concerned shall have the right to bring the matter before the Council, in accordance with the relevant provisions of Art. 24 of the 1925 Convention.
3. Mandatory Embargo
4. Procedural safeguards
The measures referred to in this Chapter may also, as far as possible, be taken by the Committee in respect of States which are not Parties to this Protocol and in respect of the territories to which this Protocol does not apply in respect of Under s. 20.
The Parties undertake to take any legislative, regulatory or administrative measures that will make the provisions of this Protocol fully effective.
(1) The Parties shall expressly recognize that the International Court of Justice shall have jurisdiction to settle disputes concerning this Protocol.
2. Unless the Parties in question decide on another method of settlement, any dispute arising between the Parties in respect of the interpretation or performance of this Protocol shall be submitted to the International Court for settlement Of Justice on the request of any of the Parties to the dispute.
This Protocol, of which the English, Chinese, Spanish, French and Russian texts are equally authentic, shall be open until 31 December 1953 at the signature of any Member State of the United Nations and of any invited non-member State, In accordance with the instructions given by the Council, to participate in the work of the Conference which has established this Protocol, and any other State to which the Secretary-General, at the request of the Council, has sent a copy of the present Protocol.
This Protocol shall be ratified. Instruments of ratification shall be deposited with the Secretary-General.
This Protocol shall be open for accession by any Member State of the United Nations or any non-member State designated in Art. 16, or any other non-member State to which the Secretary-General has sent a copy of this Protocol at the request of the Council. Instruments of accession shall be deposited with the Secretary-General.
As a transitional measure, any Party may, provided that it has made an express declaration to that effect at the time of signature or of the deposit of its instrument of ratification or accession, authorize:
(2) Any Party that has made a declaration in accordance with par. 1 of this Article is authorised within the period referred to in point (iii) of para. B of the said subsection, to be held each year, in addition to the maximum inventories provided for in s. 5, stocks equal to the amounts consumed for quasi-medical needs in the preceding two years.
(3) Any Party may also, on a transitional basis and on the condition that it has made an express declaration to that effect at the time of signature or the deposit of its instrument of ratification or accession, permit the smoking of opium to older opioids in the Less than twenty-one years which have been registered to that effect by the competent authorities on 30 September 1953, subject to the date of 1 Er January 1950, the use of opium smoking was authorized by the Party concerned.
4. Any Party making use of the transitional provisions provided for in this Article shall:
1 Note by the Secretariat: The words "on condition" should be placed on the line since they apply both to subparagraph (a) and (b). However, since this error had occurred in the signed copy of the Protocol, no changes were made to the text in this edition of the Protocol.
This Protocol shall apply to all Non-Self-Governing Territories under trusteeship, colonial and other non-metropolitan territories which a Party represents at international level, except where the prior consent of a non-metropolitan territory Is required either by the constitution of the non-metropolitan Party or territory or by reason of its use. In such a case, the Party shall endeavour to obtain, as soon as possible, the consent of the non-metropolitan territory, which is necessary and, where such consent has been obtained, the Party shall notify the Secretary-General. On the date of receipt by the Secretary-General of that notification, this Protocol shall apply to the territory or territories designated by the latter. In cases where the prior consent of the non-metropolitan territory is not necessary, the Party concerned shall, at the time of signature or ratification of this Protocol, or accede to this Protocol, declare the The non-metropolitan areas to which this Protocol applies.
(1) This Protocol shall enter into force on the thirtieth day after the date of deposit of the instruments of ratification or accession of at least twenty-five States, of which at least three of the producing States indicated in paragraph (a) of subs. 2 of the art. 6 and at least three of the following manufacturer states: Federal Republic of Germany, Belgium, France, Italy, Japan, Netherlands, United Kingdom of Great Britain and Northern Ireland and Switzerland.
(2) For any State which deposits the instrument of ratification or accession after the deposit of the instruments necessary for the entry into force of this Protocol in accordance with paragraph 1 of this Article, the Protocol shall enter into force on The thirtieth day after the date on which the State in question has deposited the instrument.
(1) Any Party may at any time request the revision of this Protocol by a notification addressed to the Secretary-General.
The Council, after consultation with the Commission, shall recommend the measures to be taken as a result of this request.
At the expiration of a period of five years from the entry into force of this Protocol, each Party may, by filing with the Secretary-General of a written instrument, denounce the present Protocol.
2. The denunciation referred to in s. 1 of this Article takes effect on 1 Er January of the first year following the date on which the denunciation was received by the Secretary-General.
This Protocol shall cease to be in force if, as a result of denunciations notified pursuant to Art. 23, the list of Parties is no longer in conformity with all the conditions set out in Art. 21.
Except as expressly provided for in s. 19 in respect of the declarations permitted by that section, and to the extent permitted by s. 20 in respect of territorial application, no Party shall have the right to formulate a reservation in respect of any provision of this Protocol.
The Secretary-General shall notify all States Members of the United Nations and the other States referred to in art. 16 and 18:
This Protocol, of which the English, Chinese, Spanish, French and Russian texts will also be authentic, shall be deposited with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall transmit a certified copy of the said Protocol to all States Members of the United Nations and to all other States referred to in art. 16 and 18 of the Protocol.
In witness whereof, The undersigned duly authorized, have signed this Protocol in a single copy, on behalf of their respective Governments.
Done at New York, on the twenty-third June of June, nine hundred and fifty-three.
(Suivent signatures)
Switzerland remains bound by the provisions of the Protocol with respect to the following State, which did not accede to the Single Convention on Narcotic Drugs 1961 (RS 0.812.121.0 , art. 44, c. 1, let. (i):
Central African Republic
I. The Conference,
Recognizing the importance of the Protocol to restrict and regulate the cultivation of opium and the production, international trade, wholesale and use of opium, signed today, as soon as possible, And that it be adopted and implemented by as many States as possible,
Requests the Economic and Social Council and the Secretary-General of the United Nations to make every effort:
II. The Conference
Declares that the terms "narcotic substances", "narcotic", "narcotic alkaloids" and other similar expressions used in the Protocol shall mean "drugs" derived from opium which fall under the provisions of Convention of 1931.
III. The Conference
Declares that the English verb To -to-toe As used in the Protocol shall be construed as including the meaning of the English verb To grow And all verb derivatives To -to-toe Be interpreted as including the meaning of the corresponding verb derivatives To grow .
IV. The Conference,
Recalling the provisions of Art. 4 of the Protocol,
Declare It is understood that the control measures set out in this section do not apply to poppies grown exclusively for ornamental purposes.
The Conference,
Recalling the provisions of s. 5 of the art. 7 of the Protocol on the export, in certain circumstances, of opium seized,
VI. The Conference,
Recalling that the definition of opium inserted in Chapter 1 of the Protocol excludes galenical preparations which are prepared from opium, such as dyeing of opium, laudanum, Dover powder and elitist elixir,
Declares that it is agreed that the Parties to the Protocol shall, under Art. 9, provide statistics that fully account for the quantities of opium used in the preparation of galenical preparations which are included among the opiate preparations referred to in paragraph (iii) of para. A from s. 1 of the art. 9 of the Protocol.
VII. The Conference
Declares that the word "year" must always be understood, in the Protocol, as designating the period of twelve months between 1 Er January and 31 December.
VIII. The Conference,
Considering that the international control of the production and trade of opium based on the statistics provided by the Parties to the Protocol is an indispensable element of the limitation and regulation of opium as it is Provided in the Protocol,
Declares that the Standing Central Committee under s. 8 and 9 of the Protocol, which is responsible for prescribing the forms for the submission of assessments and statistics, is therefore entitled to require that the assessments and statistics provided indicate the degree of moisturization for opium The purpose of such evaluations and statistics.
IX. The Conference,
Recalling the provisions of Art. 11 of the Protocol on on-the-spot investigations by the Standing Central Committee,
Declares that it is understood that the Committee will conduct an investigation on the premises only to the extent that it appears necessary to shed light on the situation in any country or territory in respect of the application of an important provision Of the Protocol, or if there is reason to believe that there is a situation in opium which leaves a great deal to be desired.
X. The Conference,
Recalling that under the Opium Convention of The Hague of 1912 3 , of the Geneva Opium Agreement of 1925 4 , and the Bangkok Opium Agreement of 1931 5 , the latter two as amended by the Protocol of 11 December 1946, the Parties to these instruments undertook to achieve the elimination of the manufacture, internal trade and use of prepared opium, as well as the habit of smoking Opium,
Declares that nothing in the Protocol, including the inclusion of opium prepared in the definition of opium, nor the inclusion in art. 19 of the transitional measures cannot be interpreted as amending the obligation of the States concerned to permanently and completely remove, as soon as possible, the use of prepared opium and the habit of smoking opium.
XI. The Conference,
Recalling the transitional measures provided for in Art. 19 of the Protocol on the use of opium for quasi-medical purposes,
Declares that, for the purposes of the Protocol, the expression "the use of opium for quasi-medical purposes" refers to the use of opium without medical assistance in order to remove any pain other than that caused by opiomania or by Any other form of substance abuse, excluding:
XII. The Conference,
Recalling the transitional measures provided for in Art. 19 of the Protocol on the use of opium for quasi-medical purposes,
Notwithstanding the maximum time limit fixed in this Article for the abolition of the use of opium for quasi-medical purposes,
XIII. The Conference,
Recalling the transitional measures referred to in Art. 19 concerning the use of opium for quasi-medical purposes,
Declares that the opium stocks held by retailers authorized to sell opium supplied by the competent official services to be used for quasi-medical purposes in accordance with the rules and regulations in force concerning The use of opium for such purposes shall not be considered as part of the "stocks" defined in Article 1 of the Protocol.
XIV. The Conference,
Recalling that the model codes for the implementation of the 1925 and 1931 Conventions (document of the League of Nations C. 774.M. 365.1932.XI) were of considerable value to a number of Governments, to which they served as guides for The preparation of legislative and administrative measures for the implementation of the Conventions in their territories,
XV. The Conference,
Recalling that the Economic and Social Council, on the recommendation of the Commission on Narcotic Drugs, agreed that for the purposes of the Protocol only those countries that exported opium in the course of 1950 should be allowed to export opium,
Recognizing the need to limit the number of countries that produce opium for export in order to limit opium production,
Having decided accordingly to adopt the principle of limiting the number of these countries, and to implement this principle in the Protocol by limiting to the following countries: Bulgaria, Greece, India, Iran, Turkey, Union of Socialist Republics Soviet and Yugoslavia, the right to export opium, provided they become parties to the Protocol,
Recognizing that the international trade in opium should not be subject to more restrictions than is required by the effective limitation of opium production,
Recommends that the Parties take all appropriate measures to prevent restrictive business practices (such as price fixing, allocation or limitation of production or markets and price discrimination) which Would impede normal international trade, in accordance with fair and reasonable prices and conditions, of opium for medical and scientific purposes, and, in the case of an intergovernmental body or office competent to know Such restrictive business practices would be created, Any questions relating to such practices.
XVI. The Conference,
Recalling that, in the field of international trade in opium, it is necessary, for the purposes of combating illicit trafficking and for the protection of humanity against the danger of drug abuse, to restrict the freedom of action of States,
However, the restrictions on the international trade in opium, as set out in the Protocol, should not be seen as a precedent for restrictions on the freedom of international trade.
XVII. The Conference,
Having regard to the functions and responsibilities assumed by the United Nations in the field of international drug control, and
Considering that the provisions of the Protocol are in the field of the United Nations,
Invites the Economic and Social Council to recommend to the General Assembly:
Invites the Economic and Social Council to propose the inclusion of this item in the provisional agenda of the eighth session of the General Assembly.
1 This Protocol is still applicable to Switzerland only in its relations with the Central African Republic, which is not a party to the Single Conv. On Narcotic Drugs of 1961 (RS 0.812.121.0 Art. 44 ch.1 let. (i).
2 RO 1963 1107
3 RS 0.812.121.2
4 Switzerland is not a party to this Convention.
5 Switzerland is not a party to this Convention.