Decree of the Minister of Foreign Affairs No. 47 / 1965 Coll.
Decree of the Minister for Foreign Affairs on the Single Convention on Narcotic Drugs
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47
DECLARATION
Minister for Foreign Affairs
of 27 April 1965
on the Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs was negotiated in New York on 31 March 1961. The Convention was signed on behalf of the Czechoslovak Socialist Republic on 31 July 1961 with reservations to Article 12, paragraphs 2 and 3, Article 13, paragraph 2, Article 14, paragraphs 1 and 2 and Article 31, paragraph 1 (b).
The Government of the Czechoslovak Socialist Republic gave its assent to the Convention on 13 September 1961 and the President of the Republic ratified it on 23 November 1963 with reservations made when signing the Convention.
The instrument of ratification was deposited in the UN Secretariat on 20 March 1964. The Czechoslovak Socialist Republic has made the following statement when it was handed over:
"The Czechoslovak Socialist Republic does not feel bound by the provisions of Articles 12, 2 and 3, 13, 2, 14, 1 and 2 and 31, 1 (b) Uniform conventions on narcotic drugs affecting those States which have been deprived of the possibility of becoming Parties to the Convention under the provisions contained in Article 40 thereof. The Single Convention on Narcotic Drugs regulates issues affecting the interests of all states and aims to unify their efforts to combat such great evil as the abuse of narcotic drugs. Therefore, in accordance with the international legal principle of equality of states, no State has the right to prevent other States from participating, in particular, in the Convention of this kind, and the Single Convention on Narcotic Drugs must therefore be open to all States. '
The Convention entered into force on 13 December 1964 on the basis of Article 41, paragraph 2, and also entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
David v. r.
SINGLE CONVENTION ON LONGER SUBSTANCES, 1961.
Preamble
The Parties,
concerned about the physical and moral health of mankind,
recognising that the medical use of narcotic drugs remains necessary to ease pain and that the necessary measures are needed to ensure narcotic drugs for these purposes,
noting that toxicomania (use of narcotic drugs) is a disaster for individuals and is an economic and social danger for humanity,
aware of their role in preventing and combating this disaster,
Recognising that measures taken against the abuse of narcotic drugs must be coordinated and general,
Believing that general action of this kind requires international cooperation, governed by the same principles and aimed at common objectives,
recognising competence The United Nations as regards the control of narcotic drugs and wishing that the competent international authorities should be included in the framework of this Organisation,
Desiring to conclude an international convention acceptable to all, replacing most of the existing contracts on narcotic drugs, restricting the use of narcotic drugs for medical and scientific purposes and introducing permanent international cooperation to bring these principles into life and achieve those objectives,
agree on the following:
Definitions
1. Unless expressly provided otherwise, or where circumstances require otherwise, the following definitions shall apply to all provisions of this Convention:
(a) The term "Office" refers to the International Narcotics Control Office.
(b) The term "hemp" refers to a flowering or fruitful peak of a hemp plant (excluding grains and leaves without tops) from which the resin has not been excluded, regardless of its use.
(c) The term "hemp plant" refers to each plant of the Cannabis family.
(d) The term "hemp resin" refers to a separate, crude or purified resin obtained from a hemp plant.
(e) The term "coca bush" refers to all types of Erythroxylon bush.
(f) The term "coca leaves" refers to coca leaves other than those from which all ecgonin, cocaine and other ecgonin alkaloids have been extracted.
(g) The term "Commission" refers to the International Commission on Narcotic Drugs in the Council.
(h) The term "Council" refers to the Economic and Social Council of the United Nations.
(i) The term "cultivation" refers to the cultivation of opium poppy, coca and hemp plants.
(j) The term "narcotic substance" refers to each of the substances listed in lists I and II, whether natural or synthetic.
(k) The term "General Assembly" means the General Assembly of the United Nations.
(l) The term "illicit trade" shall mean the cultivation or any trade in narcotic substances contrary to the objectives of this Convention.
(m) The terms "imports" and "exports" mean, by their particular meaning, the actual transport of narcotic drugs from one State to another or from one region to another.
(n) The term "production" refers to all processes, other than production, which allow the recovery of narcotic substances and also includes the cleaning and conversion of such substances into other drugs.
(o) The term "medical opium" refers to opium which has undergone the necessary preparation for medical use.
(p) The term "opium" refers to a precipitated extract of opium poppy.
(q) The term "opium poppy" refers to a plant of the species Papaver somniferum L.
(r) The term "poppy seed" refers to all parts of opium poppy (except seeds) after fermentation.
(s) "preparation" means a solid or liquid mixture containing a drug.
(t) The term "production" means a process consisting in the extraction of opium, coca leaves, hemp and hemp resin from plants containing these fruits.
(u) The terms "List I," "List II," "List III" and "List IV" mean the lists of narcotic substances or preparations attached to this Convention which may be amended from time to time pursuant to Article 3.
(v) The term "Secretary-General" means the Secretary-General of the United Nations.
(w) the term "special stocks" shall mean the quantities of narcotic drugs held by the government of that country or territory for special purposes and in the event of exceptional circumstances in a country or territory; the term "special purposes' shall be determined as appropriate.
(x) The term "stocks" shall mean the quantities of drugs which are in the country or territory and are intended:
(i) for the medical and scientific consumption of that country or territory;
(ii) for the manufacture and preparation of narcotic drugs and other substances in or in that country;
(iii) for export, but does not include the quantity of drugs in the country or territory which:
(iv) own pharmacists or other authorised distributors in the retail trade and the constitution or persons qualified for the properly authorised operation of therapeutic or scientific functions; or
(v) are special stocks.
(y) The term "territory" shall mean any part of a State which is considered to be a separate unit in the import authorisation and export authorisation system as provided for in Article 31. This definition does not apply to the term "territory 'as used in Articles 42 and 46.
(2) For the purposes of this Convention, the drug shall be considered to be consumed if it has been provided to any person or undertaking in retail distribution, for medical use or for scientific research; the word "consumption 'shall be understood according to this definition.
Substances controlled
1. With the exception of control measures limited to the drugs concerned, the narcotic substances listed in List I shall be subject to all control measures applied to the drugs covered by this Convention and in particular those referred to in Articles 4 (c), 19, 20, 21, 29, 30, 31, 32, 33, 34 and 37 below.
2. The narcotic substances listed in List II shall be subject to the same control measures as those in List I, with the exception of those provided for in paragraphs 2 and 5 of Article 30 as regards small trade.
3. Products other than those listed in List III shall be subject to the same control measures as the narcotic substances they contain, but estimates (Article 19) and statistics (Article 20) other than those applicable to such narcotic substances shall not be required and measures of Article 29 (2) (c) and Article 30 (1 (b) (ii) shall be applied.
4. Products listed in List III shall be subject to the same control measures as those containing the drugs listed in List II, with the exception that paragraphs 1b and 3 - 15 of Article 31 are not applied and that the data required for estimates (Article 19) and statistics (Article 20) will be limited to the quantities of drugs used in the manufacture of those products.
5. The narcotic substances contained in List IV will also be included in List I and will be subject to all control measures prescribed for the drugs listed in this List I, and in addition:
(a) the Contracting Parties shall take all specific control measures they deem necessary in view of the particularly dangerous nature of the narcotic substances concerned;
(b) the Contracting Parties shall prohibit, where they consider that the situation in their country implies that this would be the most appropriate means of protecting public health, production, production, export and import, trade, possession or use of such drugs, except for quantities which could be used exclusively for medical and scientific research, including clinical trials with those substances, which will be carried out under the supervision and direct control of the Contracting Party concerned or subject to such supervision and control.
6. In addition to the control measures applied to all narcotic substances of List I, opium shall be subject to the provisions of Articles 23 and 24, coca leaves shall be subject to the provisions of Articles 26 and 27 and hemp to the provisions of Article 28.
7. Opium poppy, coca shrub, hemp plant, poppy seed and hemp leaves shall be subject to the control measures referred to in Articles 22 to 24; 22, 26 and 27; 22 and 28; 25; and 28 relating to individual drugs.
8. The Parties shall do everything in their power to ensure that substances which are not affected by this Convention but may be used for illicit drug production are taken as far as possible into account.
9. The Parties need not apply the provisions of this Convention to narcotic substances which are commonly used in industry for purposes other than medical or scientific purposes, provided that:
(a) take measures to prevent, by means of a denaturing process or otherwise, that narcotic substances used in such a way may be misused or cause harmful effects (Article 3 (3)) and that in practice the harmful substance may be recovered;
(b) to report in the statistical information (Article 20) the quantity of each narcotic substance so used.
Amendments to the scope of the check
1. Where a Party or the World Health Organisation has reports on the basis of which it considers it necessary to make an amendment to one of the Lists, it shall send a communication to the Secretary-General, accompanied by any information which might support such communication.
2. The Secretary-General shall notify this communication and these supporting data to the Parties, the Commission, and, if a communication has been sent to a Party, the World Health Organisation.
3. Where the communication relates to a substance which is not already listed in List I or II,
(i) examine all the Parties, taking into account the information they may receive, the possibility of applying provisionally all the control measures applied to that substance for drugs in List I;
(ii) pending the decision referred to in subparagraph (iii) of this paragraph, the Commission may decide that the Parties shall, for the time being, apply all the control measures applied to the substance in the list I. The Parties shall apply these measures for the time being for the substance in question;
(iii) if the World Health Organisation finds that this substance can be misused and can have harmful effects similar to those in List I or II, or that it can be converted into a narcotic substance, it shall inform the Commission thereof and shall decide, on the basis of a recommendation from the World Health Organisation, that it will be entered in List I or II.
4. If the World Health Organisation finds that, as a result of the substances it contains, the product cannot be misused or has no harmful effects (paragraph 3) and that the substance it contains cannot be easily recovered from it, the Commission may, on the basis of a recommendation from the World Health Organisation, enter the product in List III.
5. Where the World Health Organisation finds that the narcotic substances listed in List I may be misused to a large extent, or that they may have harmful effects (paragraph 3), and that this danger is not offset by medicinal advantages which have characteristics other than those listed in List IV, the Commission may, on the basis of a recommendation from the World Health Organisation, enter this drug in List IV.
6. Where the communication concerns a drug listed in List I or II, or a preparation listed in List III, the Commission may, in addition to the action referred to in paragraph 5, amend a list on the basis of a recommendation from the World Health Organisation, on the basis of:
(a) either by transferring one drug from List I to List II or from List II to List I; or
(b) in such a way that any drug or preparation is removed from a list.
7. Any decision taken by the Commission pursuant to this Article shall be communicated by the Secretary-General to all Member States of the United Nations, non-Member States Parties to this Convention, the World Health Organisation and the Office. The Decision shall enter into force on each Party following the adoption of that communication and the Parties shall implement the measures required by this Convention.
8. (a) Any Commission decision concerning the amendment of a list shall be subject to examination by the Council if a party so requests within 90 days of receipt of the decision report. The request for examination shall be submitted to the Secretary-General with all the necessary information.
(b) The Secretary-General shall forward a copy of this request and the relevant information to the Commission, the World Health Organisation and all Parties and invite them to submit their comments within 90 days. All comments shall be examined by the Council.
(c) the Council may confirm, amend or revoke the Commission's decision; will decide in the final instance. Its decision shall be communicated to all Member States of the United Nations, the non-Member States Parties to this Convention, the Commission, the World Health Organisation and the Office.
(d) The Commission decision shall be valid for the period of examination by the Council.
9. Commission decisions adopted pursuant to this Article shall not be subject to the examination provided for in Article 7.
General commitments
The Parties shall adopt the legislative and administrative measures necessary to:
(a) comply in their territory with the provisions of this Convention;
(b) cooperate with other States in implementing the provisions of this Convention;
(c) subject to the provisions of this Convention, they have restricted the production, production, export, import, distribution, trade, use and possession of narcotic drugs solely for medical and scientific purposes.
International supervisory authorities
Recognising the competence of the United Nations in the area of international control of narcotic drugs, the Parties agree that the Commission for Narcotic Drugs at the Economic and Social Council and the International Narcotic Control Office shall be entrusted with the functions which are conferred on those authorities under this Convention.
Expenditure of international control offices
The expenditure of the Commission and the Office shall be borne by the United Nations under conditions to be given by the General Assembly. The Parties that are not members of the United Nations will participate in the costs of international control bodies, and the General Assembly shall periodically determine, after consultation with the governments of these Parties, the amount of contributions which it will consider fair.
Revision of decisions and recommendations by the Commission
In addition to the decision referred to in Article 3, any decision or recommendation adopted by the Commission in the exercise of the provisions of this Convention shall be submitted for approval or amendment to the Council or to the General Assembly in the same way as any other decision or recommendation of the Commission.
Function of the Commission
The Commission shall be empowered to examine all issues relating to the objectives of this Convention, in particular:
(a) amend the lists referred to in Article 3;
(b) draw the attention of the Office to any questions which may be related to its functions;
(c) make recommendations in order to comply with the provisions of this Convention and to achieve the objectives it sets out, including a scientific research and information exchange programme of a scientific and technical nature; and
(d) draw the attention of States which are not Parties to the Convention to the decisions and recommendations it adopts pursuant to this Convention in order to consider what measures they will take.
Composition of the Office
1. The Office shall consist of eleven members, elected by the Council in its composition:
(a) three members with medical, pharmacological or pharmaceutical experience, selected from a list of at least five persons appointed by the World Health Organisation;
(b) eight members, selected from the list of persons appointed by the United Nations and non-UN Parties.
2. Members of the Office shall be persons who enjoy universal trust in their capacity, impartiality and selflessness. For the duration of their duties, they shall not take over or conduct any activity which would prevent them from performing their duties impartially. The Council, after consulting the Office, shall take all measures necessary to ensure the full technical independence of the Office in the performance of its duties.
3. While respecting the principle of uniform geographical representation, the Council must ensure that it is necessary to call on the Office, in a balanced proportion, persons with knowledge of the drug situation in the countries where they are produced, produced and consumed and related to those countries.
Duration of office and remuneration of members of the Office
1. A member of the Office shall be in office for three years and may also be re-elected.
2. The office of each member of the Office shall end on the eve of the first meeting of the Office, at which he has the right to meet his successor.
3. A member of the Office who was absent from three consecutive meetings shall be deemed to have submitted a resignation.
4. Upon recommendation of the Office, the Council may revoke a member of the Office who does not fulfil the conditions required by paragraph 2 of Article 9. This recommendation shall be made on the basis of the vote of the eight members of the Office.
5. If a member of the Office's seat becomes vacant during the term of office, the Council shall elect another member as soon as possible for the remainder of the term of office as provided for in Article 9.
6. Members of the Office shall be remunerated, the amount of which shall be determined by the General Assembly.
Rules of Procedure of the Office
1. The Office shall elect its President and a representative whose choice is necessary in view of the establishment of the Office and shall adopt its rules of procedure.
2. The Office shall meet as often as it considers necessary to fulfil its functions satisfactorily, but shall hold at least two meetings in a calendar year.
3. The minimum number of members required for the meetings of the Office shall be seven.
Management of the approximate data system
1. The Office shall determine the date or dates on which the approximate information referred to in Article 19 is to be submitted and the form thereof and shall draw up a form for that purpose.
2. The Office will require governments concerned with countries and territories not covered by this Convention to provide approximate data in agreement with the provisions of this Convention.
3. If a Member State does not submit approximate data relating to one of its territories by the specified date, the Office shall itself, as far as possible and in cooperation with the Government concerned, take such data.
4. The Authority shall examine the approximate data, including additional data, and may, with the exception of the requirements for specific purposes, request such information as it considers necessary concerning any country or territory which has sent the approximate data to supplement or illuminate such data.
5. The Authority shall then confirm the approximate data, including additional data, in the shortest time, or may also supplement it with the approval of the relevant government.
6. In addition to the reports referred to in Article 15, the Office shall publish, at least once a year, information on approximate data which it considers will facilitate the implementation of this Convention.
Management of the statistical data system
1. The Authority shall determine the manner and form in which the statistical data required in Article 20 are to be submitted and shall establish forms for that purpose.
2. The Authority shall examine statistical data to determine whether the Parties and other States have adapted to the provisions of this Convention.
3. The Authority may request additional information which it considers necessary to supplement or clarify these statistics.
4. The Authority shall not be entitled to question or express its opinion on statistics on drugs intended for special purposes.
Measures of the Office to ensure compliance with the provisions of the Convention
1. (a) If, after examining the information provided by the Government to the Office under the provisions of this Convention, or information issued by the United Nations authorities and relating to matters arising from those measures, the Office has reason to believe that the objectives of this Convention are seriously jeopardised by the failure of a Party or a country or territory to comply with the provisions of the Convention, the Office shall have the right to request clarification from the Government of the country or territory concerned. Subject to the right to draw the Parties, the Council and the Commission's attention to this question, as set out in points (a) and (b). (c) this paragraph, the Office shall consider the request for information or explanations submitted to a government under this paragraph to be confidential.
(b) After the measures taken under point (a) of this paragraph, the Office may, if it considers it necessary, request the competent government to arrange for a remedy which may, as appropriate, be necessary for the implementation of the provisions of this Convention.
(c) If the Office finds that the competent government has not provided a satisfactory explanation when requested pursuant to point (a) of this paragraph or has omitted to remedy it, although invited to do so under point (b) of this paragraph, it may inform the Parties, the Council and the Commission thereof.
2. When drawing the attention of the Parties, the Council and the Commission to a question as referred to in the points. (c) Article 1, the Office may, if it considers it necessary, recommend to the Parties, suspend imports of drugs from the country concerned or export drugs to that country or territory, or suspend imports and exports at the same time, either for a period of time or until the situation in the country or territory is satisfactory. The competent State shall have the right to refer the matter to the Council.
3. The Office shall have the right to publish a report on all matters covered by this Article and to inform the Council thereof, which shall inform all Parties. Where the Office publishes in this report a decision taken pursuant to this Article, or information on that decision, it shall at the same time publish the opinion of the competent government if so requested.
4. Where the decision of the Office, published under this Article, has not been adopted unanimously, it shall also contain the opinion of a minority.
5. Each State shall be invited to be represented at the meetings of the Office, at which a question is discussed in which it has a direct interest under this Article.
6. The resolutions of the Office adopted pursuant to this Article shall be adopted by a two-thirds majority of the total number of members of the Office.
Reports of the Office
1. The Authority shall draw up annual reports on its work and, where necessary, additional reports showing the analysis of approximate data and statistical data available to it and, in some cases, an interpretation of the explanations submitted or requested by governments, as well as any information and recommendations that the Authority decides to make. These reports shall be submitted to the Council through the Commission, which may make any comments it deems appropriate.
The reports shall be communicated to the Parties and subsequently published by the Secretary-General. The Parties shall agree to the free distribution of such reports.
Secretariat
The services of the Secretariat of the Commission and the Office shall be provided by the Secretary-General.
Special Administrative Service
The Parties shall maintain a special administrative service for the implementation of the provisions of this Convention.
Information provided by the Parties to the Secretary-General
(1) The Parties shall provide the Secretary-General with information which may be requested by the Commission, stating that it is necessary for the performance of his duties, in particular:
(a) an annual report on the operation of the Convention on each of their territories;
(b) from time to time, the texts of all laws and regulations adopted for the purpose of the effectiveness of this Convention;
(c) any details that the Commission may request on matters of illicit trade, in particular details of any illicit trade which has been discovered, which could be of importance either because it illuminates sources of supply of narcotic drugs in illicit trade or because of the quantities of drugs or methods used by those who operate illicit trafficking;
(d) the names and addresses of the administrative offices authorised to issue export and import permits or certificates.
2. The Parties shall provide the information referred to in the preceding paragraph, in that form and on the date specified and using such forms as the Commission will require.
Approximate data on the need for narcotic substances
(1) The Parties shall send to the Office, each year and for each of their territories, the approximate information prescribed on the Office's forms on the following points:
(a) the quantities of narcotic drugs to be used for medical and scientific purposes;
(b) the quantities of narcotic drugs to be used for the manufacture of other drugs, the preparations listed in List III and those not listed in this Convention;
(c) the quantities of narcotic drugs in stock at 31 December of the year to which the approximate data relate;
(d) the quantity of narcotic substances to be added to the special stocks.
2. Subject to the receipts referred to in paragraph 3 of Article 21, the total of the approximate data for each territory and each drug shall be the sum of the quantities referred to in points (a), (b) and (d) of paragraph 1 of this Article, plus the quantities required to reach the level set in accordance with the provisions of points (a), (b) and (d) of this Article by 31 December of the previous year. (c) paragraph 1.
3. During the year, each State may submit additional approximate data indicating the reasons for this.
4. The Parties shall communicate to the Office the method used to determine the quantity indicated in the approximate data as well as the changes made to that method.
5. Subject to the outputs referred to in paragraph 3 of Article 21, the approximate data shall not be exceeded.
Statistical data transmitted to the Office
1. The Parties shall send to the Office, for each of their territories in the prescribed manner, on the Office's forms, statistical information relating to the following points:
(a) the production or manufacture of narcotic drugs;
(b) the use of narcotic drugs for the manufacture of other drugs, the preparations listed in List III and substances not covered by this Convention, as well as the use of poppy seed for the production of drugs;
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 47 / 1965 Coll., on the Single Convention on Narcotic Drugs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.1965 |
|---|---|
| Effective from | 27.05.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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