The Protocol on Psychotropic Substances

Sections

* * *
THE REVISED DRAFT PROTOCOL ON PSYCHOTROPIC SUBSTANCES 5 - PREAMBLE
Article I - Use of terms
Article 2 - Scope of control of substances
Article 2 bis (future article 3) 15 Special provisions regarding the control of preparations
Article 3 (future article 4) - Other special provisions regarding the scope of control
Article 4 (future article 5) Limitation of use to medical and scientific purposes
Article 5 (future article 6) - Special administration
Article 6 (future article 7) Special provisions regarding substances in Schedule I
Article 7 (future article 8) Licences
Article 8 (future article 9) - Prescriptions
Article 9 (future article 10) - Warnings on packages, and advertising
Article 10 (future article 11) Records
Article 11 (future article 12) - Provisions relating to international trade
Article 12 (future article 13) Prohibition of and restrictions on the import and export of psychotropic substances
Article 13 (future article 14) - Inspection
Article 14 (future article 15) Reports to be furnished by Parties
Article 15 (future article 16) Reports of the Board
Article 16 (future article 17) Measures against the abuse of psychotropic substances
Article 17 (future article 18) - Action against the illicit traffic
Article 18 (future article 19) - Penal provisions
Article 19 (future article 20) - Application of stricter national control measures than those required by this Protocol
Article 20 27 (future article 21) Expenses of international organs incurred in administering the provisions of the Protocol
FINAL PROVISIONS - Article 21 (future article 22) - Procedure for signature, ratification and accession
Article 22 (future article 23) - Entry into force
Article 23 29 (future article 24) Territorial application
Article 23 bis (future article 25) Territories for the purposes of articles 6, 11, 12 and 14
Article 24 (future article 26) - Denunciation
Article 25 (future article 27) - Amendments 31
Article 26 (future article 28) - Disputes
Article 27 (future article 29) - Reservations 33
Article 28 (future article 30) - Notifications 33
Schedules I, II, III and IV 34 The names printed in the left-hand column are the International Non-Proprietary Names (INN).
SCHEDULE V

Details

Pages: 1 to 14
Creation Date: 1970/01/01

The Protocol on Psychotropic Substances

Commission on Narcotic Drugs prepares revised draft Economic and Social Council calls conference of plenipotentiaries for its adoption

The Commission on Narcotic Drugs ended its first special session (12-30 January 1970) in Geneva after preparing the revised text of the draft Protocol on Psychotropic Substances, 1 which it submitted to the UN Economic and Social Council requesting that a conference of plenipotentiaries be called to adopt this treaty.

1. See text as reproduced below.

The Economic and Social Council accepted this recommendation at its 48th session in New York last March, and it asked the Secretary-General to take steps to convene the conference early in 1971. The Council adopted this decision by 18 votes in favour, to none against with 8 abstentions. The USSR and other States who abstained in the vote held that "all states" should be invited to the conference. (Later the Council decided that the conference meet for five to six weeks over January and February next year.)

The following is the text of the resolution (No. 1474 of the XLVIIIth session):

The Economic and Social Council,

Reiterating its conviction that the problem of the widespread abuse of psychotropic substances not under international control, urgently requires to be regulated by international agreement in the form of a treaty,

Recalling its resolutions 1293 (XLIV) and 1294 (XLIV) of 23 May 1968 and 1401 (XLVI) of 5 June 1969, and World Health Assembly resolutions WHA 18.47 of 20 May 1965, WHA 20.42 and WHA 20.43 of 25 May 1967 and WHA 21.42 of 23 May 1968, and also General Assembly resolution 2433 (XXIII) of 19 December 1968, which refer to this problem,

Convinced that the objectives and aim of this Protocol are of interest to the international community as a whole,

Recalling also its resolution 1402 (XLVI) of 5 June 1969 in which it had noted the progress made by the Commission on Narcotic Drugs in elaborating a draft Protocol for the control of the psychotropic substances, and had authorized the Commission to meet as early as possible in 1970 to prepare a revised draft Protocol for submission to the Council,

Recalling also that the General Assembly, by resolution 2584 (XXIV) of 15 December 1969, had requested the Council to call upon the Commission on Narcotic Drugs at its special session to proceed without delay to complete the draft Protocol for the control of the psychotropic substances,

Having received the report of the Commission on Narcotic Drugs on its first special session, 2

Noting that this report contains the text of the revised draft Protocol referred to in Council resolution 1402 (XLVI) and General Assembly resolution 2584 (XXIV),

  1. Requests the Secretary-General to transmit the revised draft Protocol on Psychotropic Substances adopted by the Commission on Narcotic Drugs at its first special session, the report and the summary records of that session, and such background documentation as he considers pertinent, to all States Members of the United Nations and members of the specialized agencies or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice, and also to the World Health Organization, other specialized agencies, the International Atomic Energy Agency, the International Narcotics Control Board and to the International Criminal Police Organization;

  2. Decides to convene, in accordance with Article 62, paragraph 4, of the Charter of the United Nations and with the provisions of General Assembly resolution 366 (IV) of 3 December 1949, a conference of plenipotentiaries for the adoption of the Protocol on Psychotropic Substances;

  3. Requests the Secretary-General:

  1. To call such a conference early in 1971;

  2. To invite to the Conference:

  3. The States mentioned in paragraph 1 above;

2

Official Records of the Economic and Social Council, Forty-eighth Session, Supplement No. 8 (E/4785).

  1. The World Health Organization and other specialized agencies interested in the matter, with the same rights they have at sessions of the Economic and Social Council;

  2. The International Narcotics Control Board, with the same rights as it has at sessions of the Economic and Social Council;

  3. The International Criminal Police Organization, with the same rights as this organization has at sessions of the Commission on Narcotic Drugs;

  4. To prepare provisional rules of procedure for the conference;

  5. To provide summary records for the Conference and the committees.

The Council also adopted another resolution (No. 1475 of the XLVIIIth session) by 23 votes in favour, none against and 3 abstentions recommending that Governments take additional measures for the national and international control of psychotropic substances, and to prevent their abuse.

The way is now clear, therefore, for effective controls to be imposed over psychotropic substances - the hallucinogens like LSD and mescaline; the amphetamine type " pep pills ", sleeping pills of the barbiturate type, and also the large number of so-called tranquillizers which are being increasingly used and abused in many parts of the world.

The Commission's session this year had been specially authorized by the Economic and Social Council in order that the Commission could give final touches to the draft Protocol on Psychotropic Substances, on which it had already done considerable work at its twenty-third session last year. The draft Protocol prepared at that time had been circulated by the Secretary-General to governments for comment, and the special session met against this background of preparatory work. Before the session was convened the General Assembly of the United Nations adopted a resolution (2584 (XXIV)) in which it called upon the Commission "to proceed without delay to prepare a revised draft Protocol ".

With this sense of urgency in the Council and the General Assembly (the WHO, the INCB, as well as INTERPOL, had also stressed the problem repeatedly), the Commission was able to hammer out the Protocol in a form that can now go before plenipotentiaries for adoption.

The Commission, which met over three intensive weeks, was composed of its twenty-four Members: Brazil, Canada, Dominican Republic, Federal Republic of Germany, France, Ghana, Hungary, India, Iran, Jamaica, Japan, Lebanon, Mexico, Pakistan, Peru, Sweden, Switzerland, Togo, Turkey, Union of Soviet Socialist Republics, United Arab Republic, United Kingdom, United States of America and Yugoslavia. Observers from several other countries attended, together with representatives of the World Health Organization, the Universal Postal Union, the International Narcotics Control Board, the Permanent Anti-Narcotics Bureau of the League of Arab States, and observers from the International Council of Women, the Friends World Committee for Consultation, the International Criminal Police Organization (ICPO/INTERPOL), the International Federation of Women Lawyers and the International Council on Alcohol and Addictions.

The Commission unanimously elected Mr. J. P. Bertschinger (Switzerland) Chairman; Mr. P. Beedle (United Kingdom) First Vice-Chairman; Mr. D. P. Anand (India) Second Vice-Chairman and Mr. F. Johnson-Romuald (Togo) Rapporteur.

The Protocol was discussed exhaustively, and the Commission set up a Technical Committee (Chairman: Dr. J. Mabileau (France)), a Working Party (Chairman: Professor B. Rexed (Sweden)), a Working Group (Chairman: Dr. R. A. Chapman (Canada)) and a smaller Working Party (Chairman: Professor E. Babaian (USSR)) to discuss some of the thornier provisions in detail, and make proposals on which the Commission, in plenary, was able to decide.

On the whole, the Protocol as it was submitted to the Council represents a general consensus in the Commission. In some cases minority views were sufficiently strongly expressed to require their inclusion in foot-notes to various articles. In addition the USSR, and certain other delegations, pleaded strongly to make the Protocol as universal an instrument as possible by allowing all States to become Parties to it; the majority, however, preferred to leave this matter for final decision to the conference of plenipotentiaries, while holding that the treaty practice in the United Nations should be adhered to whereby States enjoying membership in the United Nations, the specialized agencies, the International Atomic Energency Agency, and Parties to the Statute of the International Court of Justice, could become Parties, with the possibility being allowed for other States also to do so, at the invitation of the Economic and Social Council.

The USSR and certain other countries also did not wish to see any reference in the treaty instrument to " territories ", holding that this would be contrary to the 1960 Declaration on the Granting of Independence to Colonial Peoples, which had been adopted by the General Assembly. 3

3. General Assembly resolution 1514(XV) of 14 December 1960.

Opinions were divided as to the desirability, or the necessity, of the Commission recommending that the Council call a conference of plenipotentiaries for the adoption of the Protocol. The USSR, amongst others, held that the conference for adoption was a matter that the Council itself should decide, and it should have the possibility, if it wished, to request the General Assembly to act as the conference of adoption; these countries considered that if the General Assembly were able to play this role, then the Protocol could be adopted at the twenty-fifth regular session of the Assembly at the end of 1970, which would be an economical and expeditious way of bringing the Protocol into effect. The majority in the Commission, however, felt that the subject was so technical that the Assembly in fact would neither wish to, nor would it be able to, act as the conference of adoption, and a conference of plenipotentiaries would provide the more suitable forum for the adoption of the Protocol.

By general agreement the Commission decided not to take any final decision as regards the Transitional Reservations that countries might make to the Protocol as a whole or to parts thereof, and also as concerns Notifications, the latter question being linked again with States which would be Parties to the Protocol.

Apart from these main points, the Protocol, as adopted by the Commission, is the result of a careful balancing of opposed views and preferences. In many cases a compromise was accepted by the Commission as a whole in the interests of having a treaty that would satisfy the desideratum of effective controls, even if it were short of perfection, in order that the Protocol be generally acceptable; this line was adopted by eschewing the search for theoretical perfection which would make the instrument so rigid that many countries would hesitate to become Parties to it, thus making it a dead letter as happened, for example, in the case of the 1936 Convention on Illicit Traffic, and as was also particularly true of the 1953 Opium Protocol.

One of the knotty problems that has beset any consideration of psychotropic substances from the beginning is to identify those substances which ought to be controlled by treaty. To the Commission's great satisfaction, the World Health Organization, through the WHO Expert Committee on Drug Dependence, proposed a preliminary listing of 38 substances in four schedules. The WHO suggested 10 substances in Schedule I; 5 substances in Schedule II; 5 substances in Schedule III; and 18 substances in Schedule IV. These listings are not final or definitive, and the Commission has incorporated them provisionally in the Protocol, with the understanding that they would be subject to further study.

The approach is that when the Protocol comes into force, the substances listed in its Schedules will be sub ject to control ab initio; these Schedules will, of course, be finalized by the time the conference of plenipotentiaries adopts the Protocol. When new substances are proposed for control after the Protocol has entered into force, then a machinery and a procedure is provided for in the Protocol to determine whether such new substances should be controlled, and also under which regime of control they should be put, that of Schedule I, II, III or IV. Article 2 in the text as adopted sets down how this will be done.

An important variation on earlier practice has been made in that while WHO will continue to have the role of making recommendations for controls, on the basis of medical criteria (therapeutic use, balanced against risk of abuse and the public health and social danger), the Commission will decide the actual régime of control in the light of legal, administrative, social, economic, and other factors. The significance of the roles apportioned to each body lies in the fact that while the Commission can only control, provided there is a WHO recommendation, it is the Commission which will decide the severity of the regime of control under which the substances in question should be put.

Article 2 also incorporates another basic novelty in international law in this field: Parties to the Protocol have the right not to apply the full scheme of controls to all substances in Schedules III and IV provided they apply certain minimal controls, and provided that they scrupulously abide by the controls on international trade set down in Articles 11 and 12. This right not to apply all controls is not granted to a Party in so far as substances in Schedules I and II are concerned, and in the scheme of the Protocol it is clear, of course, that this right does not apply to substances already placed in Schedules III and IV when the Protocol comes into effect.

Article 2 also makes the decisions of the Commission subject to appeal by any Party to the Economic and Social Council.

One of the very difficult problems that the Commission had to resolve was to decide which preparations of psychotropic substances could be exempted from the Protocol régime. By definition, all preparations containing psychotropic substances are controlled in the same way as the main substances they contain, but there is a vast number of such preparations and it is neither possible nor necessary that they all be controlled in the same way as the active substance. What should be the criteria for exempting preparations from control? The WHO Expert Committee had considered the matter but had not been able to make final recommendations. After exhaustive study, the Commission has hit upon a scheme set down in what is now Article 2 bis, the essence of which is as follows: no exemption is allowed for preparations containing Schedule I substances. A Party may, however, with respect to substances contained in Schedules II, III and IV, decide in the case of one or more of these preparations that there is no public health and social problem because of the way the preparation is compounded, because the risk of abuse is nil or negligible, and because the active substances cannot be recovered readily. It is the Party which makes a judgement on the basis of these criteria, and it may decide to exempt the preparation in its country from all control of the Protocol except certain controls considered essential from the international point of view.

It is additionally provided that the control machinery of the Protocol can be brought into play in the face of evidence that any given preparation ought to be exempted, and if the Commission's decision is affirmative, the exemption of that preparation becomes universal i.e. it applies to all Parties. Moreover, if the evidence in favour of the relative innocuousness of the preparation is even stronger, the Commission may decide to have it "universally" exempted from certain other minimal international controls also.

The scheme of exempting preparations put down in the Protocol is perhaps one of the more ingenious parts of its structure.

In the nature of things most of the other control provisions reflect measures applied to narcotic drugs in greater or lesser degree, but as regards the controls on international trade the Protocol has broken new ground:

  1. Schedule I substances, LSD, mescaline, etc., are controlled in a way which is more stringent than morphine under the narcotics treaties. Article 6, which sets down this regime, provides that such substances can only be moved in international trade when both exporter and importer are government authorities, or government agencies or institutions specially authorized for the purpose; in addition to this very rigid identification of supplier and recipient, in each case export and import authorization is also mandatory.

  2. The Schedule II substances, amphetamines etc., are to be traded like morphine by export/import authorization.

  3. In the case of Schedule III and IV substances, however, a refinement and simplification of the old export and import authorization system is made by requiring that exporters declare exports to their governments, indicating the importer, the quantity, and the date the goods will move, and the exporting government, within 90 days, pass this information to the importing government. In this way the very large quantum of trade that Schedules III and IV substances represent will not be hampered by the delays inherent in prior export/import authorization, while the control requirement will be satisfied to the extent that exporting and importing governments will know that psychotropic substances have been traded, and in what quantity. On the basis of this knowledge the one or the other government can take corrective action if the situation so requires.

Again in the field of international trade, Article 12 represents a new departure: Parties have been given the right to declare that they prohibit imports of one or more substances in Schedules II, III or IV and additionally that they do not allow such imports, except to designated importers, in their territory. Other Parties having received this information must respect these prohibitions.

There was considerable discussion as to the information and statistics that Parties should supply, in particular to the INCB. The Commission finally agreed that there should be very full statistics for substances in Schedules I and II but with regard to substances in Schedules III and IV only statistics of manufacture, production, and international trade, need be supplied. The Board has been empowered to make reports on the basis of the information and statistics that it receives, together with such observations and recommendations as it might desire to make.

There was unanimity as to the role that the Secretary-General should have under the Protocol, and he continues to have the same functions as he does under the international narcotics treaties i.e. to receive annual reports on the functioning of the Protocol on the territory of the Parties, and in particular, information on the illicit traffic, on pertinent legislation, and as concerns the abuse of psychotropic substances.

* * *

The following is the full text of the Protocol, including the Preamble and the Schedules, as it was submitted 4 by the Commission to the Economic and Social Council:

4

See below the observations made by the Commission as a whole in footnotes to articles 27 and 28, and to the Schedules (annexed to the Protocol hereunder).

THE REVISED DRAFT PROTOCOL ON PSYCHOTROPIC SUBSTANCES 5 - PREAMBLE

The Parties,

Determined to prevent and combat abuse of psychotropic substances and the illicit traffic to which it gives rise,

Concerned at the public and social problem created by the spreading abuse of psychotropic substances not yet under international control,

Convinced that the use of psychotropic substances should be rigorously restricted to medical and scientific requirements,

Considering that effective measures against abuse of psychotropic substances require co-ordination and universal action,

Recognizing that an international treaty is necessary to achieve this end,

Hereby agree as follows:

Article I - Use of terms

Except where otherwise expressly indicated, or where the context otherwise requires, the following terms in this Protocol have the meanings given below:

  1. "Council" means the Economic and Social Council of the United Nations.

  2. "Commission" means the Commission on Narcotic Drugs of the Council.

  3. "Board" means the International Narcotics Control Board constituted under Article 9 of the Single Convention on Narcotic Drugs, 1961.

  4. "Secretary-General" means the Secretary-General of the United Nations.

  5. "Psychotropic substance" means any substance, natural or synthetic, or any natural material listed in Schedule I, II, III or IV.

  6. "Preparation" means:

  7. any mixture or solution, in whatever physical state, containing one or more psychotropic substances, or

  8. one or more psychotropic substances in dosage form.

  9. "Schedule I", "Schedule II", "Schedule III" and "Schedule IV" mean the correspondingly numbered lists of psychotropic substances annexed to this Protocol, as altered from time to time in accordance with article 2.

  10. "Schedule V" means the list or description of preparations and groups of preparations exempted from certain provisions of this Protocol in accordance with paragraph 4 of article 2 bis and annexed to this Protocol, as altered from time to time in accordance with that article.

  11. "Import" and "export" mean in their respective connotations the physical transfer of a psychotropic substance from one State to another State, or from one territory to another territory of the same State.

  12. "Distribution" means the transfer of a psychotropic substance from one natural or legal person to another.

  13. "Manufacture" means all processes, other than production, by which psychotropic substances may be obtained, and includes refining as well as the transformation of psychotropic substances into other psychotropic substances. The term also includes the making of preparations of psychotropic substances.

5

On the adoption of the report of the first special session the Chairman of the Commission on Narcotic Drugs formally declared, without dissent, that the revised draft Protocol on Psychotropic Substances did not cover, and was not intended to cover, alcohol and tobacco.

  1. "Production" means the obtaining by planting, cultivation or harvesting of natural material which constitutes a psychotropic substance or from which such a substance may readily be obtained. 6, 7

  2. "Stocks" means the amount of psychotropic substances held in a country or territory and intended for manufacture, consumption or export, but does not include amounts:

  3. held by retail pharmacists or other authorized retail distributors, or by institutions for hospitalization and care or qualified persons in the duly authorized exercise of therapeutic or scientific functions, or

  4. held by the Government of such country or territory for special government purposes and to meet exceptional circumstances.

  5. "Illicit traffic" means manufacture or production of or trafficking in psychotropic substances contrary to the provisions of this Protocol.

  6. "Territory" means any part of a State which pursuant to article 23 bis is treated as a separate entity for the purposes of articles 6, 11, 12 and 14. This definition shall not apply to the term "territory" as used in articles 23 and 24.

Article 2 - Scope of control of substances

  1. If a Party of the World Health Organization has information relating to a substance not yet under international control which in its opinion may require the addition of that substance to any of the Schedules of this Protocol, it shall notify the Secretary-General and furnish him with the information in support of that notification. The foregoing procedure shall also apply when a Party of the World Health Organization has information justifying the transfer of a substance from one schedule to another among those schedules, or the deletion of a substance from the schedules.

  2. The Secretary-General shall transmit such notification, and any information which he considers relevant, to the Parties, to the Commission and, when the notification is made by a Party, to the World Health Organization.

  3. If the information transmitted with such a notification indicates that the substance meets the criteria for inclusion in Schedule I or Schedule II of this Protocol pursuant to paragraph 4 of this article,

  1. The Parties shall examine, in the light of all information available to them, the possibility of the provisional application to the substance of all measures of control applicable to substances in Schedule I or Schedule II, as appropriate; [and]

[ (b) Pending its decision, as provided in paragraph 5 of this article, the Commission may decide that the Parties shall apply provisionally to that substance all measures of control applicable to substances in Schedule I or to those in Schedule II.]

  1. If the World Health Organization finds that the substance has the capacity to produce central nervous system stimulation or depression, or hallucinations or disturbances in perception, thinking, mood or behaviour, such that it is liable to similar abuse and productive of similar ill effects as a substance in Schedule I, II, III or IV and constitutes a public health and social problem, or is readily convertible into such a substance, the World Health Organization shall determine the degree of seriousness of the problem (especially serious, serious, substantial or significant) and the degree of usefulness of the substance in medical therapy (great, moderate or little, if any). 8 If the liability to abuse of such a substance constitutes an especially serious public health and social problem, and if it has little, if any, usefulness in therapy, the World Health Organization shall recommend that the substance be added to Schedule I. If the liability to abuse of the substance constitutes a public health and social problem which is lesser but still serious, substantial or significant, and in the light of the degree of usefulness of the substance in therapy, the World Health Organization shall recommend that the substance be added to Schedule II, III or IV, as appropriate. The World Health Organization shall communicate its findings and recommendations to the Commission.

6

The Commission understood that the term "production" did not cover the growing of plants for ornamental purposes, nor plants growing wild.

7

Mexico reserved its position regarding the term "production ", and considered that it should not apply to plants like peyote or various species of Psilocybe when they grow wild. Mexico could not undertake to eradicate or destroy these plants.

  1. The Commission shall take account of the findings and recommendations of the World Health Organization and, bearing in mind economic, social, legal, administrative and other factors that it may consider relevant, the Commission may decide whether the substance shall be added to any one of the Schedules referred to in the preceding paragraph. 9

  2. If a notification relates to a substance already listed in Schedule I, II, III or IV, the World Health Organization shall make new findings and recommendations under paragraph 4 of this article, and shall communicate them to the Commission. In accordance with paragraph 5 of this article, the Commission may decide whether to transfer the substance to Schedule I, II, III or IV or to delete it from the Schedules. 10

  3. Any decision of the Commission taken pursuant to this article shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to this Protocol, 11 to the World Health Organization and to the Board. Such decision shall become fully effective with respect to each Party 180 days after the date of such communication, except for any Party which, within that period, in respect of a decision adding or transferring a substance to Schedule III or IV, has transmitted to the Secretary-General a written notice that it undertakes to apply only the measures of control listed hereafter, and stating its reasons for this exceptional action. Such a notice shall be accompanied by a statement describing the measures of control which the Party is applying or proposes to apply to the substance in question. A Party having made such a notice shall: 12

8

The representative of India expressed the view that the degree of seriousness of the public health and social problem should be the overriding consideration in regard to recommendations as to the Schedule in which a substance is to be included.

9

Ghana, India, Iran, Jamaica, Sweden, Turkey and the United Arab Republic proposed that paragraph 5 should read:

"The Commission may decide, in accordance with the recommendation of the World Health Organization, that the substance shall be added to Schedule I, II, III or IV."

10

Ghana, India, Iran, Jamaica, Sweden, Turkey and the United Arab Republic proposed that the last sentence of paragraph 6 should read:

"The Commission may decide, in accordance with the recommendation of the World Health Organization, that the substance shall be transferred to Schedule I, II, III or IV, or deleted from the Schedules."

11

The USSR and some other delegations proposed that the Secretary-General should communicate the decision to "all States".

12

Some delegations were generally opposed to the right of non-acceptance. However, they felt that if this right had to be exercised at all by any Party, the provisions of articles 10 and 14, inter alia, should be included in the requirements to be observed by the dissenting Party.

  1. Require licences for manufacture, production, trade and distribution of the substance in accordance with article 7;

  2. Require medical prescriptions for the supply or dispensation of the substance in accordance with article 8;

  3. Comply with the obligations relating to export provided in article 11 regarding exports of the substance;

  4. Comply with the obligations of paragraph 3 of article 12 in regard to prohibitions or restrictions of imports; and

  5. Adopt measures in accordance with article 18 for the repression of acts contrary to the foregoing obligations; but need not apply any of the other provisions of this Protocol. The foregoing procedure of giving notice shall not apply in respect of any decision of the Commission to add or transfer a substance to Schedules I and II.

  1. ( a) The decisions of the Commission taken under this article shall be subject to review by the Council upon the request of any Party filed within 180 days from receipt of notification of the decision. The request for review shall be sent to the Secretary-General together with all relevant information upon which the request for review is based;

  1. The Secretary-General shall transmit copies of the request for review and relevant information to the Commission, to the World Health Organization and to all the Parties, inviting them to submit comments within ninety days. All comments received shall be submitted to the Council for consideration;

  2. The Council may confirm, alter or reserve the decision of the Commission. Notification of the Council's decision shall be transmitted to all States Members of the United Nations, to non-member States Parties to this Protocol, 13 to the Commission, to the World Health Organization and to the Board; and

  3. During pendency of the review, the original decision of the Commission shall, subject to the preceding paragraph, remain in effect. 14

13

The USSR and some other delegations proposed that the Secretary-General should communicate the Council's decision to "all States".

14

A minority of the Commission believed that non-acceptance pursuant to paragraph 7 by a Party of a decision of the Commission should automatically lead to review by the Council, and that the Council's decision should be binding on non-accepting Parties. To these ends they supported the following text for paragraph 8:

"8. ( a) The decisions of the Commission taken under this article shall be subject to review by the Council upon the request of any Party filed within 180 days from receipt of notification of the decision or if a Party gives notice of non-acceptance pursuant to the previous paragraph. The request for review shall be sent to the Secretary-General together with all relevant information upon which the request for review is based;

  1. The Secretary-General shall transmit copies of the request for review, or of the notice of non-acceptance, and relevant information to the Commission, to the World Health Organization and to all Parties, inviting them to submit comments within ninety days. All comments received shall be submitted to the Council for consideration;

  2. The Council may confirm, alter or reverse the decision of the Commission. Notification of the Council's decision shall be transmitted to all States Members of the United Nations, to non-member States Parties to this Protocol [the USSR and some other delegations proposed communication to "all States "], to the Commission, to the World Health Organization and to the Board.

  3. If the Council confirms or alters the decision of the Commission, a Party shall comply with the decision of the Council, notwithstanding any notice of non-acceptance that it has made."

The Protocol on Psychotropic Substances 7

Article 2 bis (future article 3) 15 Special provisions regarding the control of preparations

  1. Except as provided in the following paragraphs of this article, a preparation is subject to the same measures of control as the psychotropic substance which it contains, and, if it contains more than one such substance, to the measures applicable to the most strictly controlled of those substances.

  2. If a preparation containing a substance only from among those listed in Schedule II, III or IV does not constitute a public health and social problem because the preparation is compounded in such a way that it presents no, or a negligible, risk of abuse and the substance cannot be recovered by readily applicable means in a quantity liable to abuse, the preparation may be exempted from certain of the measures of control provided in this Protocol in accordance with paragraphs 3 and 4 below.

  3. If a Party makes a finding under the preceding paragraph regarding a preparation, it may decide to exempt the preparation, in its country or in one of its territories, from any or all of the measures of control provided in this Protocol except the requirements of:

  1. licences for manufacture, production, trade and distribution of the preparation (article 7);

  2. record-keeping by manufacturers and producers (article 10);

  3. article 11 (international trade);

  4. article 12 (prohibitions and restrictions on import and export);

  5. inspection of manufacturers and producers (article 13);

  6. statistical reports to the Board on manufacture, production, imports and exports (article 14); and

  7. penal provisions, to the extent necessary for the repression of acts contrary to the foregoing obligations (article 18).

It shall notify the Secretary-General of any such decision, of the name and composition of the preparation, and of the measures of control from which it is exempted. The Secretary-General shall transmit the notification to the other Parties, to the World Health Organization and to the Board. 16

  1. If a Party or the World Health Organization has information that a preparation or a group of preparations falls within the criteria for exemption stated in paragraph 2 above, it shall notify the Secretary-General and furnish him with the information in support of the notification. The Secretary-General shall transmit such notification, and any information he considers relevant, to the Parties, to the Commission and, when notification is made by a Party, to the World Health Organization. If the World Health Organization makes a finding under paragraph 2 in regard to a preparation or group of preparations, it shall transmit that finding, with a recommendation as to the measures of control from which the preparation should be exempted, to the Commission. The Commission shall take account of the findings and recommendations of the World Health Organization and, bearing in mind economic, social, legal, administrative and other factors that it may consider relevant, may decide to exempt the preparation or group, in respect of all Parties, from any or all of the measures of control from which exemption may be granted pursuant to paragraph 3, and additionally may decide to exempt it from one or more of the following requirements:

15

The numbering of articles in this text of the revised draft Protocol is the same as during the discussion at the first special session of the Commission on Narcotic Drugs. At the conference for the adoption of the Protocol, it might be considered useful to drop temporary numbering; to allow for this, beginning with article 2 bis above the future re-numbering is indicated in parentheses. (Article 23 bis is also taken into account.)

16

The delegation of Japan reserved its position on paragraph 3 of article 2 bis as a whole.

  1. licences for trade in and distribution of the preparation (article 7);

  2. article 11 (international trade); and

  3. statistical reports to the Board on imports and exports (article 14).

Any decision of the Commission taken pursuant to this paragraph shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to this Protocol, 17 to the World Health Organization and the Board, and the preparation or group of preparations, together with the measures of control from which it is exempt, shall be added to Schedule V.

  1. If a Party or the World Health Organization has information that a preparation or a group of preparations exempted pursuant to paragraph 3 or 4 above is being abused and constitutes a public health and social problem, it shall notify the Secretary-General and furnish him with information in support of the notification. The Secretary-General shall transmit such notification, and any information he considers relevant, to the Parties, to the Commission and, when the notification is made by a Party, to the World Health Organization. If the World Health Organization finds that the preparation or group of preparations is being abused and constitutes a public health and social problem, it shall transmit that finding, together with a recommendation as to the measures of control from which the preparation should cease to be exempted, to the Commission. The Commission shall take account of the finding and recommendation of the World Health Organization and, bearing in mind economic, social, legal, administrative and other factors that it may consider relevant, may decide to terminate the exemption from any or all control measures. Any decision of the Commission taken pursuant to this paragraph shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to this Protocol, 18 to the World Health Organization and to the Board. All Parties shall take measures to terminate the exemption from the control measure or measures in question within 180 days of the date of the Secretary-General's communication.

Article 3 (future article 4) - Other special provisions regarding the scope of control

  1. Notwithstanding the provisions of this Protocol a Party may under its laws permit international travellers to carry small quantities of psychotropic substances other than those in Schedule I, when satisfied that they were legally obtained for personal use.

  2. The Parties may permit the use of psychotropic substances in industry for the manufacture of non-psychotropic substances or products, but shall apply to them the measures of control required by this Protocol until either the psychotropic substance has been so transformed that no substance liable to abuse can be recovered, or the Parties have ensured by appropriate methods of denaturing or by other means that the substances are not liable to abuse and cannot in practice be recovered. The amounts of substances used for industrial purposes shall be included in the statistical reports required by paragraph 3 of article 14.

17

The USSR and some other delegations proposed that the decision should be communicated to " all States ".

18

The USSR and some other delegations proposed that the Secretary-General should communicate the Commission's decision to " all States ".

Article 4 (future article 5) Limitation of use to medical and scientific purposes

Except as provided in article 3, a Party:

  1. Shall, by such measures as it considers appropriate, limit the manufacture, production, export, import, distribution and stocks of, trade in, and use and possession of, substances in Schedules I, 19 II, III and IV to medical and scientific purposes, having regard to the requirements of the normal course of business to the extent that trade in the substance is permitted; and

  2. Shall not permit the possession of such substances except under legal authority; this provision, however, need not apply to substances in Schedules III and IV 20 if the Party is of the opinion that in the prevailing conditions in its country such restriction in relation to substances in those Schedules is not the most appropriate means of protecting the public health and welfare.

Article 5 (future article 6) - Special administration

It is desirable that the Parties for the purpose of applying the provisions of this Protocol, establish and maintain a special administration, which may with advantage be the same as, or work in close co-operation with, special administrations established pursuant to the provisions of conventions for the control of narcotic drugs.

Article 6 (future article 7) Special provisions regarding substances in Schedule I

  1. The Parties shall prohibit all use of substances in Schedule I except for medical and scientific purposes by research workers in medical or scientific institutions directly under the Parties' control or specifically approved by them.

  2. The Parties shall require that the manufacture and production of, trade in, and distribution and use of substances in Schedule I, be under a special licence or authorization, and they shall provide for close supervision of those activities.

  3. The Parties shall provide for close supervision by the appropriate authorities of the conditions of use of such substances, and shall require:

  1. That notice of each project involving use of such substances on animals or in other laboratory work be filed in advance with the appropriate health authorities and

  2. That any other research project be authorized in advance by these authorities.

  1. The Parties shall require that the document authorizing distribution and use of such substances for research purposes shall cover only a single delivery, except for distribution in the course of a single authorized research project.

  2. The Parties shall require that persons performing medical or scientific functions involving such substances shall keep records concerning the acquisition of those substances and the details of the use.

  3. The Parties shall prohibit the export and import of substances in Schedule I except when both the exporter and importer are the competent authorities of their respective countries or territories, or other Government agencies or institutions specifically authorized by their Governments for the purpose. The requirements of article 11, paragraph 1, for import and export authorizations for substances in Schedule II, shall also apply to substances in Schedule I.

19

The USSR considered there should be an adjustment between this article and article 6.

20

Canada considered that the reservation in sub-paragraph (b), that applies to substances in Schedules III and IV, should also apply to substances in Schedule II.

  1. The Parties shall prohibit the unauthorized possession of substances in Schedule I for any purpose, and shall not authorize possession for personal use except in accordance with paragraphs 1 and 3 ( b) of this article.

Article 7 (future article 8) Licences

  1. The Parties shall require that the manufacture and production of, trade (including export and import trade) in, and distribution of substances listed in Schedules II, III and IV be under licence or other similar control measure.

  2. The Parties shall:

  1. Control all duly authorized persons and enterprises carrying on or engaged in the manufacture and production of, trade (including export and import trade) in, or distribution of substances referred to in paragraph 1;

  2. Control under licence or other similar control measure the establishments and premises in which such manufacture, production, trade or distribution may take place; and

  3. Provide that security measures be taken by such establishments and premises in order to prevent theft or other diversion of stocks.

  1. All persons who are licensed as provided in this article, or who have managerial or supervisory positions in a licensed enterprise functioning in accordance with the provisions of this Protocol, shall have adequate qualifications properly to perform the duties and responsibilities involved.

Article 8 (future article 9) - Prescriptions

  1. The Parties shall require medical prescriptions for the supply or dispensing of substances in Schedules II, III and IV for use by individuals excepting where individuals may lawfully obtain, use, dispense or administer such substances in the duly authorized exercise of therapeutic or scientific functions.

  2. The Parties shall take measures to ensure that prescriptions for substances in Schedules II, III and IV are issued in accordance with sound medical practice and subject to such regulation, particularly as to the number of times they are refilled and the duration of their validity, as will protect the public health and welfare.

  3. Notwithstanding the foregoing paragraph, a Party may, if in its opinion local conditions so require, authorize licensed pharmacists or other licensed retailers designated by the authorities responsible for public health in its country or part thereof to supply, at their discretion without prescription, for use by individuals, in exceptional cases, such small quantities of substances in Schedules III 21 and IV as the Party may determine, taking into account local conditions. Such pharmacists or such other licensed retailers shall be required to maintain a record of the quantities so supplied in each case, the date of dispensing and the name and address of the recipient.

Article 9 (future article 10) - Warnings on packages, and advertising

Each Party shall require, taking into account relevant regulations or recommendations of the World Health Organization, such directions for use, including cautions and warnings to be indicated on the labels or, when this is not practicable, on the accompanying leaflet of retail packages of psychotropic substances as in its opinion are necessary for the safety of the user, and shall prohibit the advertisement of such substances to the general public

21

A number of delegations expressed the opinion that substances in Schedule III should be supplied under this paragraph by licensed pharmacists only, while only substances in Schedule IV could be supplied by other retailers.

Article 10 (future article 11) Records

  1. In respect of substances in Schedules II, III and IV, the Parties shall require manufacturers and producers to keep records, in a form which may be determined by each Party, showing the amounts of such substances manufactured or produced. They shall also require manufacturers, producers, wholesalers, importers and exporters to keep records showing the supplier or recipient, as the case may be, and the date and quantity of each acquisition and distribution of such substances.

  2. Retailers, institutions for hospitalization and care and scientific institutions shall also be required to keep records like those required in the last sentence of paragraph I in respect of substances in Schedule II, but in respect of substances in Schedules III and IV they need only be required to keep such records of acquisitions and distributions.

  3. The records referred to in paragraphs 1 and 2 above shall be preserved for at least two years after the last acquisition or distribution recorded therein.

Article 11 (future article 12) - Provisions relating to international trade

  1. ( a) Every Party permitting the import or export of substances in Schedule II 22 shall require a separate import or export authorization, on a form to be established by the Commission, to be obtained for each such import or export whether it consists of one or more substances.

  1. Such authorization shall state the international non-proprietary name, or, lacking such a name, the designation of the substance in the Schedule, the quantity to be imported or exported, the pharmaceutical form, the name and address of the importer and exporter, and the period within which the import or export must be effected. If the substance is imported or exported in the form of a preparation, the name of the preparation, if any, shall additionally be furnished. The export authorization shall also state the number and date of the import authorization and the authority by whom it has been issued.

  2. Before issuing an export authorization the Parties shall require an import authorization, issued by the competent authority of the importing country or territory and certifying that the importation of the substance or substances referred to therein is approved, and such an authorization shall be produced by the person or establishment applying for the export authorization.

  3. A copy of the export authorization shall accompany each consignment, and the Government issuing the export authorization shall send a copy to the Government of the importing country or territory.

  4. The Government of the importing country or territory, when the importation has been effected, shall return the export authorization with an endorsement certifying the amount actually imported, to the Government of the exporting country or territory.

  1. The Parties shall require that exporters furnish their competent authorities with two copies of a declaration, on a form [ 23] to be established by the Commission, containing the following information regarding export of a substance in Schedules III and IV:

22

India considered that substances in Schedule III should also be subject to this paragraph.

23

See specimen form prepared by the Secretariat in the Report of the Special Session.

  1. the name and address of the exporter and importer;

  2. the international non-proprietary name, or, lacking such a name, the designation of the substance in the Schedule;

  3. the quantity and pharmaceutical form in which the substance is exported or imported, and if in the form of a preparation, the name of the preparation, if any; and

  4. the date of despatch or receipt.

A Party from whose territory a substance in Schedules III or IV has been exported shall, as soon as possible but not later than ninety days after the date of despatch, send to the competent authorities of the importing country or territory, by registered mail with return of receipt requested, one copy of the declaration received from the exporter.

Article 12 (future article 13) Prohibition of and restrictions on the import and export of psychotropic substances

  1. A Party may inform the other Parties through the Secretary-General that it prohibits the import into its country or into one of its territories of one or more substances, listed in Schedule II, III or IV, specified in its communication. Such a Party may nevertheless authorize by special import licence the import of specified quantities of such substances or preparations containing such substances. Such licence shall be sent in advance to the Government of the country or territory of export, which may then authorize the exporter to make the shipment. A copy of the export licence shall accompany the shipment. 24

  2. A Party may also inform the other Parties through the Secretary-General that it prohibits the import of one or more substances in Schedule II, III or 1V to recipients in its country or in one of its territories other than those specified in its communication.

  3. The Parties, informed under the preceding paragraphs, shall prohibit the export to the country or territory of the notifying Party, except under special import licence, of substances prohibited by it, and shall prohibit exports to recipients not named in communications under paragraph 2.

Article 13 (future article 14) - Inspection

The Parties shall maintain a system of inspection of manufacturers, producers, importers and exporters, and wholesale and retail distributors of psychotropic substances and of medical and scientific institutions which use such substances. They shall provide for inspections, which shall be made as frequently as they consider necessary, of the premises and of stocks and records.

Article 14 (future article 15) Reports to be furnished by Parties

  1. The Parties shall furnish to the Secretary-General annual reports, containing such information as the Commission may request as being necessary for its functions, in regard to the working of the Protocol in their territory, significant developments in their legislation and regulations, abuse of psychotropic substances and the illicit traffic in such substances.

  2. The Parties shall also furnish to the Secretary-General, for consideration by the Commission, reports on seizures of psychotropic substances from the illicit traffic, as soon as possible after the event, which they consider important because of new trends disclosed, the quantities involved, the light thrown on the sources from which the substances are obtained or the methods employed by illicit traffickers.

24

The United Kingdom did not accept that in respect of substances in Schedules III and IV the government of an exporting country should be obliged under this article to apply the system of export authorizations for specific consignments instead of the system of export declaration appropriate to these substances under article 11. It therefore proposed substitution of the word "export" in the last sentence of paragraph 1 by the word "import".

  1. The Parties shall furnish to the Board annual statistical reports in accordance with forms prepared by the Board:

  1. In regard to the substances in Schedules I and II, 25 on the quantities of such substances manufactured, produced, exported, imported and held in stock by manufacturers, producers and wholesalers; and

  2. In regard to substances in Schedules III and IV, the quantities of such substances manufactured, produced, imported and exported.

  1. The annual reports referred to in paragraph I and the annual statistical reports referred to in paragraph 3 shall be furnished not later than 30 June of the year following that to which they relate.

Article 15 (future article 16) Reports of the Board

  1. The Board shall prepare annual reports on its work containing an analysis of the statistical information at its disposal, and, in appropriate cases, an account of the explanations, if any, given by or required of Governments, together with any observations and recommendations which the Board desires to make. The Board may make such additional reports as it considers necessary. These reports shall be submitted to the Council through the Commission, which may make such comments as it sees fit. 26

  2. The reports shall be communicated to the Parties and subsequently published by the Secretary-General. The Parties shall permit unrestricted distribution.

Article 16 (future article 17) Measures against the abuse of psychotropic substances

  1. The Parties shall take all practicable measures for the prevention of abuse of psychotropic substances and for the early identification, treatment, education, after-care, rehabilitation and social reintegration of the persons involved, and shall co-ordinate their efforts to these ends.

  2. The Parties shall promote as far as possible the training of personnel in the treatment, after-care, rehabilitation and social reintegration of abusers of psychotropic substances.

  3. The Parties shall assist persons whose work requires them to gain an understanding of the problems of abuse of psychotropic substances and of its prevention, and shall also promote such understanding among the general public if there is a risk that abuse of such substances will become widespread.

Article 17 (future article 18) - Action against the illicit traffic

Having due regard to their constitutional, legal and administrative systems, the Parties shall:

25

Some delegations considered that substances in Schedule III should be covered in sub-paragraph ( a) of paragraph 3 rather than in sub-paragraph ( b), and that sub-paragraph ( a) should require statistical reports on quantities consumed.

26

The Commission invited attention, during later stages of consideration of the revised draft Protocol, to the difficulty in applying this provision, which is drawn from article 15 of the Single Convention, if the Commission is to meet only biennially in the future. Switzerland also referred to the difficulty for the Commission to deal with both narcotic drugs and psychotropic substances in addition, if its regular sessions are limited to three weeks.

  1. Make arrangements for co-ordination of preventive and repressive action against the illicit traffic; to this end it is desirable that they designate an appropriate agency responsible for such co-ordination;

  2. Assist each other in the campaign against the illicit traffic in psychotropic substances;

  3. Co-operate closely with each other and with the competent international organizations of which they are members with a view to maintaining a co-ordinated campaign against the illicit traffic;

  4. Ensure that international co-operation between the appropriate agencies be conducted in an expeditious manner; and

  5. Ensure that where legal documents are transmitted internationally for the purposes of a prosecution, the transmittal be effected in an expeditious manner to the bodies designed by the Parties; this requirement shall be without prejudice to the right of a Party to require that legal documents he sent to it through the diplomatic channel.

Article 18 (future article 19) - Penal provisions

  1. Subject to its constitutional limitations, each Party shall adopt such measures as will ensure that production, manufacture, extraction, possession, offering, offering for sale, distribution, acquisition, disposal, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, import and export of psychotropic substances contrary to the provisions of this Protocol, and any other action which in the opinion of such Party may be contrary to the provisions of this Protocol, shall be punishable offences when committed intentionally, and that serious offences shall be liable to adequate punishment particularly by imprisonment or other penalties of deprivation of liberty. Offences committed by abusers may, however, be controlled alternatively or simultaneously by measures of treatment, education, aftercare, rehabilitation and social reintegration in conformity with paragraph 1 of article 16.

  2. Subject to the constitutional limitations of a Party, its legal system and legislation,

  1. (i) Each of the offences enumerated in paragraph 1, if committed in different countries, shall be considered as a distinct offence;

  2. Intentional participation in, conspiracy to commit and attempts to commit, any of such offences, and preparatory acts and financial operations in connexion with the offences referred to in this article, shall be punishable offences as provided in paragraph 1;

  3. Foreign convictions for such offences shall be taken into account for the purpose of establishing recidivism; and

  4. Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.

  5. It is desirable that the offences referred to in paragraph 1 and paragraph 2 ( a) (ii) be included as extradition crimes in any extradition treaty which has been or may hereafter be concluded between any of the Parties, and, as between any of the Parties which do not make extradition conditional on the existence of a treaty or on reciprocity, be recognized as extradition crimes; provided that extradition shall be granted in conformity with the law of the Party to which application is made, and that the Party shall have the right to refuse to effect the arrest or grant the extradition in cases where the competent authorities consider that the offence is not sufficiently serious.

The Protocol on Psychotropic Substances 113. The provisions of this article shall be subject to the provisions of the criminal law of the Party concerned on questions of jurisdiction.

  1. Nothing contained in this article shall affect the principle that the offences to which it refers shall be defined, prosecuted and punished in conformity with the law of a Party.

Article 19 (future article 20) - Application of stricter national control measures than those required by this Protocol

Notwithstanding anything contained in this Protocol, a Party shall not be, or be deemed to be, precluded from adopting measures of control more strict or severe than those provided by this Protocol if in its opinion such measures are necessary or desirable for the protection of the public health and welfare.

Article 20 27 (future article 21) Expenses of international organs incurred in administering the provisions of the Protocol

The expenses of the United Nations and the World Health Organization in carrying out their respective functions under this Protocol shall be borne by those Organizations in such manner as shall be decided by the General Assembly of the United Nations and the World Health Assembly respectively. Parties which are not Members of the United Nations nor members of the World Health Organization, as the case may be, shall contribute to the respective expenses of the two Organizations such amounts as the General Assembly or the World Health Assembly may respectively find equitable and assess from time to time after consultation with the Governments concerned.

FINAL PROVISIONS - Article 21 (future article 22) - Procedure for signature, ratification and accession

  1. Members of the United Nations, States not Members of the United Nations which are Members of a specialized agency of the United Nations or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice and any other State invited by the Council may become Parties to this Protocol: 28

  1. By signing it; or

  2. By ratifying it after signing it subject to ratification; or

  3. By acceding to it.

  1. The Protocol shall be open for signature until inclusive. Thereafter it shall be open for accession.

  2. Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General.

27

The representatives of Hungary, the USSR and Yugoslavia expressed the view that the expenses should not be a reason for increasing the regular budget of the World Health Organization. They considered that the text of article 6 of the Single Convention would be more acceptable.

28

The representative of the USSR stated that article 21, paragraph 1, under which some States were denied the possibility of becoming Parties to the Protocol being drafted, was discriminatory in character. The Protocol dealt with matters which were of interest to all States and its purpose was to secure the participation of all countries in efforts to combat the social evil represented by the misuse of psychotropic substances. In accordance with the principle of sovereign equality, it should therefore be open to participation by all States.

The USSR statement was supported by a minority of delegations.

Article 22 (future article 23) - Entry into force

  1. The Protocol shall come into force on the ninetieth day after of the States referred to in article 21, paragraph 1, have signed it without reservation of ratification or have deposited their instruments of ratification or accession.

  2. For any other State signing without reservation of ratification, or depositing an instrument of ratification or accession after the last signature or deposit referred to in the preceding paragraph, the Protocol shall enter into force on the ninetieth day following the date of its signature or deposit of its instrument.

Article 23 29 (future article 24) Territorial application

The Protocol shall apply to all non-metropolitan territories for the international relations of which any Party is responsible except where the previous consent of such a territory is required by the Constitution of the Party or of the territory concerned, or required by custom. In such a case the Party shall endeavour to secure the needed consent of the territory within the shortest period possible, and when the consent is obtained the Party shall notify the Secretary-General. The Protocol shall apply to the territory or territories named in such a notification from the date of its receipt by the Secretary-General. In those cases where the previous consent of the non-metropolitan territory is not required, the Party concerned shall, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which this Protocol applies.

Article 23 bis (future article 25) Territories for the purposes of articles 6, 11, 12 and 14

  1. Any Party may notify the Secretary-General that, for the purposes of articles 6, 11, 12 and 14, its territory is divided into two or more territories, or that two or more of its territories are consolidated into a single territory.

  2. Two or more Parties may notify the Secretary-General that, as the result of the establishment of a customs union between them, those Parties constitute a single territory for the purposes of articles 6, 11, 12 and 14.

  3. Any notification under paragraph 1 or 2 above shall take effect on I January of the year following the year in which the notification was made.

Article 24 (future article 26) - Denunciation

  1. After the expiry of... years from the date of the coming into force of this Protocol (article 22, paragraph 1) any Party may, on its own behalf or on bahalf of a territory for which it has international responsibility, 30 and which has withdrawn its consent given in accordance with article 23, denounce this Protocol by an instrument in writing deposited with the Secretary-General.

  2. The denunciation if received by the Secretary-General on or before the first day of July of any year shall take effect on the first day of January of the succeeding year, and if received after the first day of July it shall take effect as if it had been received on or before the first day of July in the succeeding year.

29

In the opinion of the USSR representative and of a number of other representatives the inclusion of this article in the Protocol is unacceptable, as it conflicts with the Declaration of 1960 on the granting of Independence to Colonial Countries and Peoples (General Assembly resolution 1514 (XV) of 14 December 1960).

30

The USSR and some other delegations considered that this reference to dependent territories was also unacceptable (see footnote to article 23).

  1. The Protocol shall be terminated if, as a result of denunciations made in accordance with paragraphs 1 and 2, the conditions for its coming into force as laid down in article 22, paragraph 1, cease to exist.

Article 25 (future article 27) - Amendments 31

  1. Any Party may propose an amendment to this Protocol by communicating to the Secretary-General the text of the suggested revision and the reasons therefor.

  2. The Secretary-General shall transmit such a communication to all Parties and the Council.

  3. The Council may decide either:

  1. To call a conference in accordance with article 62, paragraph 4, of the Charter of the United Nations to consider the proposed amendment or a revised text thereof which it may prepare; or

  2. To submit, in accordance with article 62, paragraph 3, of that Charter, to the General Assembly the proposed amendment or such a revised text; or

  3. To transmit the proposed amendment to the Parties asking them whether they accept it and also to invite them to communicate to the Council comments on the proposal.

  1. An amendment which has been circulated in accordance with paragraph 3 ( c) of this article and has not been rejected by any Party by a notification in writing to the Secretary-General within eighteen months after it has been circulated, shall thereupon enter into force. If the amendment is rejected by any Party the Council may decide, in the light of comments received from Parties, whether a conference shall be called to consider it, or whether it shall be submitted to the General Assembly of the United Nations (paragraph 3 ( a) and ( b) above), or no action shall be taken, provided however that if the rejected amendment has been endorsed by at least . . . Parties it shall be submitted for consideration either to the General Assembly or to a conference.

Article 26 (future article 28) - Disputes

  1. If there should arise between two or more Parties a dispute relating to the interpretation or application of this Protocol, the said Parties shall consult together with a view to the settlement of the dispute by negotiation, investigation, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.

31

Some delegations preferred the text of article 47 of the Single Convention.

  1. Any such dispute which cannot be settled in the manner prescribed shall be referred, at the request of any one of the parties to the dispute, to the International Court of Justice for decision. 32

Article 27 (future article 29) - Reservations 33

  1. Any State may at the time of signature, ratification or accession make reservations in respect to the provisions of articles

  2. Reservations so made may be withdrawn at any time by a notification in writing addressed to the Secretary-General.

  3. No other reservation shall be permitted.

Article 28 (future article 30) - Notifications 33

The Secretary-General shall notify to the States referred to in paragraph 1 of article 21.

(enumeration of notifications)

IN WITNESS THEREOF, the undersigned, duly authorized, have signed this Protocol of which the Chinese, English, French, Spanish and Russian texts shall be equally authentic, on behalf of their respective Governments.

DONE at ....., this .....day of ........one thousand nine hundred and ......,in a single copy, which shall be deposited in the archives of the United Nations, and of which certified true copies shall be transmitted by the Secretary-General to the Members of the United Nations and to the other States referred to in article 21, paragraph 1.

32

India and the USSR, supported by other delegations, proposed the following text for paragraph 2:

"2. Any such dispute which cannot be settled in the manner prescribed may, with the agreement of the Parties concerned, be referred to the International Court of Justice."

33

The Commission did not discuss these articles since it was of the opinion they would more appropriately be the subject of full consideration at the conference for the adoption of the Protocol.

Schedules I, II, III and IV 34 The names printed in the left-hand column are the International Non-Proprietary Names (INN).

With one exception ((+)-Lysergide), other non-proprietary or trivial names are given only where no INN has yet been proposed.

LIST OF SUBSTANCES IN SCHEDULE I 34

INN

Other non-proprietaryor trivial names

Chemical name

1.
DET
N,N-diethyltryptamine
2.
DMHP
3-( 1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9- trimethyl-6 H-dibenzo [ b,d] pyran-l-ol
3.
DMT
N,N-dimethyltryptamine
4. (+)-Lysergide
LSD, LSD-25
(+)- N,N-diethyllysergamide( d-lysergic acid diethylamide)
5.
mescaline
3,4,5-trimethoxyphenethylamine
6.
parahexyl
3-hexyl-7,8,9,10-tetrahydro-6,6,9-trimethyl-6 H- dibenzo [ b,d] pyran-l-ol
7.
psilocine, psilotsin
3-(2-dimethylaminoethyl)indol-4-ol
8. Psilocybine
 
3-(2-dimethylaminoethyl)indol-4-yl dihydrogen phosphate
9.
STP, DOM
2,5-dimethoxy-4-methylphenethylamine
10.
tetrahydrocannabinols, all isomers
3-pentyl-6a,7,10,10a-tetrahydro-6,6,9-trimethyl-6 H-dibenzo [ b,d] pyran-l-ol

LIST OF SUBSTANCES IN SCHEDULE II

1. Amphetamine
(±)-α-methylphenethylamine
2. Dexamphetamine
(+)-α-methylphenethylamine
3. Methamphetamine
(±)-N-α-dimethylphenethylamine
4. Methylphenidate
α-phenyl-2-piperidineacetic acid methyl ester
5. Phenmetrazine
3-methyl-2-phenylmorpholine

LIST OF SUBSTANCES IN SCHEDULE III

1. Amobarbital
5-ethyl-5-isopentylbarbituric acid
2. Cyclobarbital
5-(1-cyclohexen-l-yl)-5-ethylbarbituric acid
3. Glutethimide
2-ethyl-2-phenylglutarimide
4. Pentobarbital
5-ethyl-5-(1-methylbutyl) barbituric acid
5. Secobarbital
5-allyl-5-(1-methylbutyl) barbituric acid

LIST OF SUBSTANCES IN SCHEDULE IV

1. Aminorex
 
2-amino-5-phenyl-2-oxazoline
2. Amfepramone
 
2-(diethylamino)-propiophenone
3. Barbital
 
5,5-diethylbarbituric acid
4.
chloral hydrate
trichloro-2,2,2-ethanediol- 1,1
5. Chlordiazepoxide
 
7-chloro-2-methylamino-5-phenyl-3 H-1,4- benzodiazepine-4-oxide
6. Diazepam
 
7-chloro- 1,3-dihydro- 1-methyl-5-phenyl-2 H-1,4- benzodiazepin-2-one
7.
ethchlorvynol
ethyl- β-chlorovinylethinylcarbinol
8. Ethinamate
 
1 - ethynylcyclohexanolcarbamate
9. Meprobamate
 
2-methyl-2-propyl-l,3-propanediol dicarbamate
10. Methaqualone
 
2-methyl-3 - o-tolyl-4(3 H)-quinazolinone
34

In discussing the text of the draft Protocol, the Commission tookthese Schedules into account, although it considered them to be of aprovisional nature. (cf. chapter II, para. 21 of the report of the Commission,and article 2 of the revised draft Protocol.)

LIST OF SUBSTANCES IN SCHEDULE IV (continued)

INN

Other non-proprietaryor trivial names

Chemical name

11. Methohexital
 
(±)-5-allyl- 1-methyl-5-(l -methyl-2-pentynyl) barbituric acid
12. Methylphenobarbital
 
5-ethyl-N-methyl-5-phenylbarbituric acid
13. Methyprylon
 
3,3-diethyl-5-methyl-2,4-piperidine-dione
14.
paraldehyde
cyclic ether of acetaldehyde
15. Phencyclidine
 
l-(1-phenylcyclohexyl)-piperidine
16. Phenobarbital
 
5-ethyl-5-phenylbarbituric acid
17. Pipradrol
 
α,α-diphenyl-2-piperidinemethanol
18.
SPA
( - )- 1 -dimethylamino- 1,2-diphenylethane

SCHEDULE V

Note: This schedule will be prepared later.