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RS 0.812.121.3 Protocol of 23 June 1953 to limit and regulate poppy cultivation, as well as production, international trade, wholesale trade and the use of opium

Original Language Title: RS 0.812.121.3 Protocole du 23 juin 1953 visant à limiter et à réglementer la culture du pavot, ainsi que la production, le commerce international, le commerce de gros et l’emploi de l’opium

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0.812.121.3

Original text

Protocol

To limit and regulate poppy cultivation, as well as production, international trade, wholesale trade and the use of opium 1

Conclu in New York on 23 June 1953

Approved by the Federal Assembly on September 26, 1956 2

Instrument of ratification deposited by Switzerland on 27 November 1956

Entered into force for Switzerland on 8 March 1963

(Status 14 March 2006)

Preamble

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,

Contracting Parties,

Having decided to conclude a protocol for these purposes,

Agreed to the following provisions:

Chapter I Definitions

Art. 1 Definitions

Unless otherwise expressly provided, either expressly or in the context, the following definitions shall apply to the provisions of this Protocol. The term is:

By the "1925 Convention", the International Opium Convention signed at Geneva on February 19, 1925 1 And amended by the Protocol of 11 December 1946 2 ;
By the "Convention of 1931", the Convention to limit the manufacture and regulation of the distribution of narcotic drugs, signed at Geneva on 13 July 1931 3 And amended by the Protocol of 11 December 1946;
By "Committee", the Standing Central Committee established under Article 19 of the 1925 Convention;
"Control Body" means the Control Body established under Article 5 of the 1931 Convention;
The Commission on Narcotic Drugs of the United Nations Economic and Social Council;
" Council, the United Nations Economic and Social Council;
The Secretary-General of the United Nations;
By "poppy", the plant Papaver somniferum L., And any other plant of the species Papaver Which would allow the production of opium;
"Poppy straw" means all parts of the poppy (with the exception of the seeds) which, after the poppy, can be extracted from the poppy;
"Opium" means the thickened latex of the poppy, regardless of its form, including raw opium, medicinal opium and prepared opium, excluding galenical preparations;
"Production" means the operation of cultivating poppy for the purpose of harvesting opium;
"Stocks" means the total quantity of opium legally held in the territory of a given State, excluding: 1) quantities held by retail pharmacies and by the institutions or persons competent in the lawful exercise of their Therapeutic or scientific functions, and (2) quantities held by or under the supervision of the government of that State for military purposes;
"Territory" means any part of a given State which is treated as a separate entity for the application of the system of import and export licences provided for by the 1925 Convention;
By "export" or "import", in their respective meanings, the material transfer of opium from a given State to another State or territory of a State to another territory of the same State.

Chapter II Regulation of Production, Trade and Employment of Opium

Art. 2 Opium employment

The Parties shall limit the use of opium to medical and scientific purposes only.

Art. 3 Control in producer states

To control the production, trade and use of opium:

1.
Any producer State shall establish, if it has not already done so, and maintain one or more specialized State bodies (hereinafter referred to in this Article by the term "Organization") in order to perform the functions which, or their, are vested in the Article. The functions referred to in paragraphs 2 to 6 of this Article shall be carried out by a single body if the Constitution of the State concerned so permits.
2.
The production shall be limited to areas designated by the Agency or, where appropriate, by the competent government authorities.
3.
Farmers who hold a licence issued by the Corporation or, where appropriate, by the competent government authorities, are authorized only to engage in the production.
4.
Any licence must specify the area of land on which poppy cultivation is permitted.
5.
Every poppy cultivator must be required to deliver the entire opium crop to the Corporation. The Corporation must purchase and take possession of the harvest as soon as possible.
6.
The Agency or, where appropriate, the competent governmental authorities shall have the sole right to import, export, engage in the wholesale trade in opium and to conserve opium stocks, with the exception of stocks held by manufacturers Authorized to manufacture alkaloids from opium.
7.
Nothing in this Article shall be deemed to derogate from existing obligations and laws enacted by a Party in accordance with the existing Conventions on the Control of Poppy Cultivation.
Art. 4 Control of poppy cultivation for purposes other than opium harvesting

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:

A.
To enact any law in which any regulations necessary to ensure:
(i)
That opium poppies grown for purposes other than opium production will not be used to produce opium;
(ii)
That the manufacture of narcotic substances from the poppy straw will be adequately controlled;
B.
To communicate to the Secretary-General the text of any law or regulation promulgated for that purpose; and
C.
To report annually to the Committee, on the date set by the Committee, statistics on imports and exports of poppy straw made, for any purpose, in the previous year.
Art. 5 Inventory Limitation

To limit the amount of opium produced in the world to medical and scientific needs:

1.
The Parties shall regulate the production, export and import of opium in such a way that stocks held by any Party as at 31 December of each year do not exceed:
A.
For any producing State listed in para. A from s. 2 of the art. 6, the sum of the quantity of opium exported by that State for medical or scientific purposes and the quantity of opium used within that State for the manufacture of alkaloids during two years, no matter what, Half of the total quantity used for the manufacture of alkaloids and that exported for any other year, the said years being designated by that Party on the basis that they are later than 1 Er January 1946. The said Party shall be entitled to designate different periods for the calculation of the quantities exported and the quantities used;
B.
For any Party other than that referred to in para. A of this paragraph which, having regard to the provisions of the 1925 and 1931 Conventions as long as they are applicable to that Party, permits the manufacture of alkaloids, its normal requirements for a period of two years. The amount of such needs shall be determined by the Committee;
C.
For any other Party, the total amount of opium consumed in the preceding five years.
2. A. If one of the producing States referred to in paragraph a of subs. 1 of this Article decides to cease to be a producer of opium for export and wishes no longer to be included in the category of producer established by para. A from s. 2 of the art. 6, it shall send to the Committee a declaration to that effect at the time the next annual notification is to be made in accordance with para. B at par. 3 of this article. From the time it formulates such a declaration, the author Party shall no longer be considered to be among the States referred to in para. A from s. 2 of the art. 6 and it will no longer be allowed to be part of it in the future. Upon receipt of this declaration, the Committee shall, as the case may be, enter the Party concerned in any of the categories provided for in paras. B or c of s. 1 and in notification to all other Parties to this Protocol. For the purposes of this Protocol any change in category shall take effect on the date of the notification of the Committee;
B.
The procedure set out in the preceding paragraph shall apply to any declaration made by a Party wishing to be transferred from the category provided for in para. B at par. 1 of this Article to that referred to in paragraph (c) of the same paragraph or vice versa, on the understanding, however, that in this case the Party may, on its application, be readmitted to the category to which it previously belonged.
3. A. The quantities of opium stipulated in paras. A and c of s. 1 of this article shall be calculated on the basis of the statistics adopted by the Committee in its annual reports, including those of the period ending on 31 December of the previous year as published later;
B.
Any Party to which paras. A or b of s. 1 of this article shall notify the Committee each year, as appropriate:
(i)
The reference periods chosen by her in accordance with para. A from s. 1 of this article, or
(ii)
The amount of opium that it wishes to see considered by the Committee to represent its normal requirements for the application of para. B at par. 1 of this article;
C.
The notification provided for in the preceding paragraph shall reach the Committee no later than the first day of the month of August of the year preceding the date on which that notification relates;
D.
If a Party which is obliged to submit one of the notifications provided for in para. B of this paragraph did not do so at the scheduled date, the Committee shall, subject to the provisions of the following paragraph, adopt the data contained in the last relevant notification made by that Party. If the Committee receives no relevant notification from the Party concerned, it shall, as the case may be and without revisiting that Party, but with due regard for the information available to it, the purposes of this Protocol and the interests Of the said Party:
(i)
Select the reference periods referred to in para. A from s. 1 of this article, or
(ii)
Set the quantity representing the normal requirements referred to in para. B at par. 1 of this article;
E.
If the Committee receives a notification at a date later than that set out in para. C of this paragraph, it may act as if that notification had been received in due time;
F.
The Committee shall notify each year:
(i)
To any Party referred to in para. A from s. 1 of this section, which reference years have been chosen in accordance with either paragraph or paragraph (s). D and e of s. 3 of this article;
(ii)
To any Party referred to in para. B at par. 1 of this Article, what is the quantity of opium that in accordance with that paragraph it considers to be representative of the normal needs of that Party;
G.
The Committee shall send the notifications referred to in para. F of this paragraph no later than December 15 of the year preceding the date on which the information contained therein relates.
4. A. With regard to the States Parties to this Protocol on the date of its entry into force, the provisions of s. 1 of this Article shall take effect on 31 December of the year following the year in which the Protocol entered into force;
B.
As regards any other State, the provisions of s. 1 of this Article shall take effect from 31 December of the year following that in which the State in question became a party to the Protocol.
5. A. If the Committee considers that the circumstances are exceptional, it may, subject to the conditions and for the period of time it determines, exempt a Party from observing the obligations set out in subs. 1 of this article with regard to the maximum level of opiate stocks;
B.
If it exists at the entry into force of this Protocol in a producer State referred to in para. A from s. 2 of the art. 6 of the opium stocks exceeding the maximum permitted by para. A from s. 1 of this article, the Committee at its discretion, shall take into account this state of affairs in order to prevent the State in question from experiencing the economic difficulties that would result from the excessively rapid reduction of opium stocks to the maximum level prescribed by Al. A from s. 1 of this article.
Art. 6 International Trade in Opium

1. The Parties undertake to limit the import and export of opium solely to medical and scientific requirements.

2.
(a) Without derogation from the provisions of subs. 5 of the art. 7, the Parties undertake not to permit the export and import of opium other than opium produced in any of the following States which, at the time the import or export is considered, will be a party to the present Protocol:
Bulgaria,

Greece,

India,

Iran,

Turkey,

Union of Soviet Socialist Republics,

Yugoslavia;

B.
The Parties undertake not to permit the importation of opium from any State which is not a party to this Protocol.

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.

Art. 7 Disposal of seized opium

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.

Chapter III Information to be provided by Governments

Art. 8 Evaluations

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:

A.
The quantity of opium required to be used as such for medical and scientific purposes, including the quantity required for the manufacture of exempt preparations in accordance with s. 8 of the 1925 Convention;
B.
The quantity of opium required for the manufacture of alkaloids;
C.
The inventory that it intends to maintain, taking into account the provisions of s. 5, and the amount of opium needed to be added or removed from existing stocks to the desired level;
D.
The quantities of opium that it intends to use is to add to the stocks it may have constituted for military purposes, or to remove those stocks in order to put them in the legitimate trade.

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.

4.
A. The evaluations provided for in s. 1 and 3 of this Article shall be established in accordance with the model prescribed from time to time by the Committee.
B.
Each assessment must be sent to the Committee for the date it has prescribed. The date fixed may not be the same for the assessments referred to in paragraph 1 of this Article and for those referred to in subs. The Committee, taking into account the different dates of the opium harvest, may also set different dates for the assessments that the Parties are required to provide under s. 3 of this article.

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:

A.
In the event that an additional assessment is provided for that country or territory, in respect of both any quantity imported in excess and the additional quantity required, or
B.
In exceptional cases where the export is, in the opinion of the exporting Party, essential to the interests of humanity or to the treatment of the sick.
Art. Statistics

The Parties shall provide to the Committee for each of their territories:

A.
On 31 March at the latest of statistics, covering the previous year, indicating:
(i)
The area of opium poppy cultivation for the purpose of collecting opium and the amount of opium that has been harvested;
(ii)
The quantity of opium consumed, that is, the quantities of opium delivered to the retail trade, is provided for dispensing or dispensing, to hospitals or competent persons and duly authorized in the exercise of their Medical functions;
(iii)
The quantity of opium used in the manufacture of alkaloids or opiate preparations, including the quantity required for the manufacture of preparations for the export of which export authorisations are not required, Preparations for domestic consumption or export, in accordance with the provisions of the 1925 and 1931 Conventions;
(iv)
The amount of opium seized in the illicit and confiscated traffic and the manner in which it was disposed of;
B.
By 31 May at the latest, statistics showing the stocks held, as at 31 December; in the statistics relating to these stocks, account shall not be taken of the quantities of opium held by a Party for military purposes as at 31 December 1953, However, account shall be taken of any quantity that is subsequently added to it and any quantity that has been withdrawn and placed in the lawful trade; and
C.
Within four weeks of the end of the quarter to which they relate, quarterly statistics showing the amount of opium imports and exports.

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.

Art. 10 Reports to the Secretary-General

The Parties shall provide the following reports to the Secretary-General:

A.
A report relating to the organization and powers conferred by s. 3 to the body referred to in that section and to the powers conferred by s. 3 to other competent authorities;
B.
A report on the legislative, regulatory or administrative measures they have taken in accordance with the provisions of the Protocol;
C.
An annual report on the operation of the Protocol. This report shall be prepared in accordance with the model prescribed by the Commission and may be included in the annual reports referred to in Art. 21 of the 1931 Convention or annexed thereto.

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.

Chapter IV International Monitoring and Implementation Measures

Art. 11 Administrative measures

In order to monitor the implementation of the provisions of this Protocol, the Committee may take the following measures:

A.
Enquiries
The Committee shall be entitled to request in confidence of the Parties information on the implementation of the provisions of this Protocol and, in this regard, to make appropriate suggestions to the Parties concerned;
B.
Request for explanation
If, in the light of the information available to it, the Committee is of the opinion that any significant provision of this Protocol is not complied with in any country or territory, or that the situation in relation to opium calls for Clarification, the Committee has the right to request information from the interested Party in confidence;
C.
Proposed Corrective Action
If the Committee considers it expedient, it may call the attention of a government confidentially to the extent that it, to a significant extent, does not comply with any significant provision of this Protocol or on a situation in respect of Of opium, which leaves a great deal to be desired in any of the territories under its control, the Committee may ask the Government to consider the possibility of adopting the corrective measures required by the situation;
D.
Survey of Sites
If the Committee considers that an on-the-spot investigation would help to shed light on the situation, it may propose to the Government concerned the sending of a person or a committee of inquiry appointed by the Committee to the country or territory in question. If the Government has not responded within four months to the Committee's proposal, its silence will be regarded as a refusal. If this government gives its explicit consent to the investigation, it will be conducted in cooperation with officials designated by that government.

(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.

Art. 12 Implementation Measures

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:

A.
Public communications
The Committee may draw the attention of all Parties and the Council to the matter.
B.
Other public statements
If the Committee considers that the measures it has taken under the preceding paragraph have not had the intended effect, it may publish a declaration indicating that a Party has breached the obligations assumed by it under this Protocol or that Any other State has failed to take the necessary measures to prevent the opium situation in any of its territories from compromising the effective control of narcotic drugs in a territory or in one or more Several territories of other Parties or States. In the event of a public declaration, the Committee shall also publish the views of the Government concerned if it so requests.

2. Embargo recommendation

If the Committee finds:

A.
Upon completion of the review of the evaluations and statistics provided in accordance with Art. 8 and 9, that a Party has significantly failed to fulfil its obligations under this Protocol, or that another State seriously obstructs the effective implementation of that Protocol, or
B.
In the light of the information available to it, that excessive amounts of opium accumulate in any country or territory, or that there is a danger of any country or territory becoming a centre of illicit trafficking,

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

A.
Declaration and imposition of the embargo
Based on any findings made under paras. A or b of s. 2 of this Article, the Committee may take the following measures:
(i)
The Committee may announce its intention to impose an embargo on the importation of opium from the country or territory concerned or the export of opium to the country or territory concerned, or to import and export Opium;
(ii)
If the declaration provided for in subparagraph (i) of this paragraph fails to remedy the situation, the Committee may impose the embargo, provided that the less stringent measures provided for in subparagraphs (a) and (b) of paragraph 1 of this article Failed to correct or do not appear to be able to correct the unsatisfactory situation. The embargo can be imposed either for a specified period or until the situation in the country or territory concerned gives satisfaction to the Committee. The Committee shall immediately notify its decision to the State concerned and to the Secretary-General. The decision of the Committee shall be confidential and, except where a provision of this Article expressly precludes it, shall not be disclosed until it is established, in accordance with paragraph (i) of para. C from s. 3 of this article that the embargo must enter into force.
B.
Appeal
(i)
A State which has been the subject of a mandatory embargo decision may, within 30 days from the date of receipt of that decision, confidentially inform the Secretary-General in writing of its intention to do so Appeal and may indicate in writing within thirty days the reasons for the appeal;
(ii)
The Secretary-General shall, at the time of the entry into force of this Protocol, request the President of the International Court of Justice to appoint a Commission of Appeal of three members and two alternate members who, by their competence, shall And their selflessness, will merit general confidence. If the President of the International Court of Justice informs the Secretary-General that he is not in a position to make such an appointment, or if he does not do so within two months from the date on which the request is received, the President of the International Court of Justice shall The Secretary-General must make this appointment. The term of office of the members of the Appeals Board is five years and is renewable. Members shall, in accordance with the provisions to be taken by the Secretary-General, be paid only for the duration of the sessions of the Appeals Board;
(iii)
The procedure defined in paragraph (ii) of para. B of this paragraph applies to designations to fill vacancies in the Appeals Board;
(iv)
The Secretary-General shall communicate to the Committee copies of the written notification and the reasons for the appeal provided for in item (i) of para. B of this paragraph and promptly arrange for a meeting of the Appeal Board to hear the appeal and act on it. It shall also make any relevant provisions for the work of the Appeal Board and provide the members of the Appeal Board with copies of the Committee's decision, of the communications referred to in (i) of para. B of this paragraph, the response of the Committee if available, and any other relevant documents;
(v)
The Appeals Board shall adopt its own rules of procedure;
(vi)
The requesting State and the Committee shall be allowed to make statements before the Appeal Board before a decision is taken by the Appeal Board;
(vii)
The Appeals Board may maintain, amend or rescind the embargo decision of the Committee. The decision of the Appeals Board shall be final and binding and shall be communicated without delay to the Secretary-General;
(viii) The Secretary-General shall communicate to the requesting State and to the Committee the decision of the Appeals Board;
(ix)
If the requesting State withdraws its appeal, the Secretary-General shall notify the Appeal Board and the Committee of this withdrawal.
C.
Application of the embargo
(i)
The embargo imposed under para. A of this paragraph shall enter into force sixty days after the date of the decision of the Committee, unless the notification of an appeal is in accordance with the conditions set out in point (i) of para. B of this paragraph. In this case, the embargo must enter into force thirty days after the withdrawal of the appeal or after the date on which the Appeals Board took a decision confirming the embargo in whole or in part;
(ii)
As soon as, in accordance with the provisions of paragraph (i) of para. C of this paragraph, it is established that the embargo shall enter into force, the Committee shall address to all Parties notification of the conditions of the embargo to which the Parties must comply.

4. Procedural safeguards

A.
Decisions taken by the Committee under this Article shall be made by a majority of all members of the Committee.
B.
The State concerned shall be entitled, through its representative, to make a statement before the Committee before a decision is taken under this Article.
C.
If the Committee publishes a decision under this Article, or any information relating thereto, it shall also publish the views of the Government concerned, if requested by that Government. If the Committee's decision is not unanimous, the opinion of the minority must be set out.
Art. 13 Universal Application

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.

Chapter V Final clauses

Art. 14 Implementing measures

The Parties undertake to take any legislative, regulatory or administrative measures that will make the provisions of this Protocol fully effective.

Art. 15 Disputes

(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.

Art. 16 Signature

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.

Art. 17 Ratification

This Protocol shall be ratified. Instruments of ratification shall be deposited with the Secretary-General.

Art. 18 Accession

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.

Art. 19 Transitional provisions

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:

A.
The use of opium in any of its territories for quasi-medical purposes;
B.
The production, import or export of opium for such purposes from or to any State or territory designated at the time of the above declaration, provided 1 :
(i)
That the use, import or export of opium for these purposes have been at the date of 1 Er January 1950, traditional in the territory for which the declaration is made and authorized by that date;
(ii)
That no export be authorized to a State which is not a party to this Protocol;
(iii)
That the Party undertakes to abolish, within a specified period which must be stipulated by it at the time of the declaration and which must not in any case exceed 15 years after the date of the implementation of this Protocol, the use, production, The importation and exportation of opium for quasi-medical purposes.

(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:

A.
Include in the annual report to the Secretary-General, in accordance with art. 10, a presentation of the progress made in the previous year with a view to making effective the abolition of the use, production, import or export of opium for quasi-medical and opium-to-smoking needs;
B.
Submit separately, with respect to opium used, imported, exported, and held for quasi-medical purposes, and for opium held or used to be smoked, such assessments and statistics to be provided under s. 8 and 9 of this Protocol.
5.
A. If a Party invoking the transitional provisions of this Article does not provide:
(i)
The report referred to in para. A from s. 4 within six months after the expiry of the year to which the information contained in the information relates,
(ii)
The statistics referred to in para. B at par. 4, within three months after the date on which they are to be provided, in accordance with s. 9,
(iii)
The assessments referred to in para. B at par. 4, within three months after the date fixed by the Committee, in accordance with art. 8,
The Committee or the Secretary-General, as the case may be, shall send to the Party concerned a communication indicating its delay and request it to provide such information within three months of the receipt of such communication.
B.
If a Party fails to comply, within the time limit indicated above at the request of the Committee or the Secretary-General, the transitional provisions authorized by that Article shall no longer apply to that Party upon the expiration of that period.

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.

Art. Territorial Implementation Clause

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.

Art. Entry into force

(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.

Art. Revision

(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.

Art. Denunciation

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.

Art. 24 Expired

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.

Art. 25 Reservations

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.

Art. 26 Notifications of the Secretary-General

The Secretary-General shall notify all States Members of the United Nations and the other States referred to in art. 16 and 18:

A.
The signatures to this Protocol at the end of the United Nations Conference on Opium and the deposit of instruments of ratification and accession in accordance with Art. 16, 17 and 18;
B.
Any territory which, in accordance with Art. 20, has been borne by the State which represents it on the international level, on the list of territories to which this Protocol applies;
C.
The date on which this Protocol enters into force in accordance with Art. 21;
D.
Declarations and notifications made in accordance with the transitional provisions laid down in Art. 19, the dates on which they expire and cease to have effect;
E.
The denunciations made in accordance with Art. 23;
F.
Requests for revision of this Protocol shall be submitted in accordance with Art. 22;
G.
The date on which this Protocol ceases to be in force in accordance with Art. 24.

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)

Scope of application 1 Er January 2006

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

Resolutions adopted by the United Nations Conference on Opium

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:

A.
In order to obtain, as soon as possible, the ratification of, or accession to, the Protocol by any Member State and by any non-member State, invited, in accordance with the instructions given by the Council, to participate in the work of the Conference that established the Protocol, and by any other State to which the Secretary-General, at the request of the Council, has sent a copy of the Protocol; and
B.
In order for States that have not become party to the Protocol to implement as far as possible the provisions of the Protocol.

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,

1.
Suggests that the Standing Central Committee should ordinarily issue the export authorization provided for in this subsection, provided that the conditions set out in this subsection are met; and
2.
Declares that the Party concerned does not have the right to make or authorize such an export before obtaining the permission of the Committee.

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:

A.
The use of opium issued to the public in accordance with art. 9 of the 1925 Convention;
B.
The use of opium-containing drugs that are subtracted from the application of the 1925 Convention under the provisions of its art. 8; and
C.
The habit of smoking opium.

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,

1.
Urges the Parties to make a declaration under article 19 to abolish the use of opium as soon as possible for those needs; and
2.
Declares that none of the provisions of Art. 19 shall not be considered to be permitted to mitigate any restrictions already imposed on that effect by those Parties.

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,

1.
Recommends that a similar code be prepared and circulated to Governments, the latter being requested to use as much guidance as possible in the preparation of the necessary legislative and administrative measures for the implementation of the Protocol in their respective countries. Territories;
2.
Invites the Economic and Social Council to request the Commission on Narcotic Drugs to prepare such a code.

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:

(i)
To approve the assumption of the functions and responsibilities of the Protocol to United Nations bodies, and
(ii)
To include the Protocol in the number of international drug control instruments to assign to non-members of the United Nations, in accordance with Assembly resolution 455 (V) A fair share of the expenses borne by the United Nations arising from the provisions of the said instruments; and

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.


RO 1963 1108; FF 1956 I 975


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.


Status March 14, 2006