United Nations Opium Conference: Protocol and Final Act of 23 June 1953
PREAMBLE
CHAPTER I
CHAPTER II
CHAPTER III
CHAPTER IV
CHAPTER V
Pages: 54 to 69
Creation Date: 1953/01/01
The United Nations Opium Conference was convened by the Secretary-General of the United Nations in conformity with resolution 436 A (XIV) of the United Nations Economic and Social Council, dated 27 May 1952.
In accordance with the terms of that resolution, States Members of the United Nations and nonmember States parties to the international Conventions concerning narcotic drugs were invited to the Conference. Libya, Nepal, the Republic of Korea and Spain were also invited to attend the Conference in accordance with the terms of resolution 478 (XV) of the Council. Representatives of the specialized agencies, the Permanent Central Board and the Supervisory Body were also invited with the same rights and privileges as they enjoy at sessions of the Council.
The Conference was held at United Nations Headquarters, New York, from 11 May to 18 June 1953. The Governments of the following States were represented at the Conference by representatives:
|
Belgium |
Japan |
|
Burma |
Lebanon |
|
Cambodia |
Liechtenstein |
|
Canada |
Mexico |
|
Chile |
Monaco |
|
China |
Netherlands |
|
Denmark |
Pakistan |
|
Dominican Republic |
Philippines |
|
Ecuador |
Republic of Korea |
|
Egypt |
Spain |
|
France |
Switzerland |
|
Federal Republic of |
Turkey |
|
Germany |
United Kingdom of |
|
Greece |
Great Britain and |
|
India |
Northern Ireland |
|
Iran |
United States of |
|
Iraq |
America |
|
Israel |
Vietnam |
|
Italy |
Yugoslavia. |
The Governments of the following States were represented at the Conference by observers:
|
Argentina |
Indonesia |
|
Bolivia |
Sweden |
|
Costa Rica |
Thailand. |
|
Haiti |
|
The representatives of the following organiza tions took part in the work of the Conference:
Permanent Central Board: Mr. Herbert L. May, President of the Permanent Central Board.
Supervisory Body: Col. C. H. L. Sharman, Vice-Chairman of the Supervisory Body.
World Health Organization: Dr. M. S. Ingalls, liaison officer; Mrs. S. Meagher, liaison officer.
In accordance with rules 46 and 47 of the rules of procedure adopted by the Conference, the observers and the representatives of the above-mentioned organizations participated in the work of the Conference without the right to vote.
The Conference elected as President Dr. Auguste Lindt, Switzerland, and as Vice-Presidents:
Mr. D. M. Johnson, Canada (Alternate: Mr. K. C. Hossick);
Sr. R. Ortega Masson, Chile;
Dr. H. Danner, Federal Republic of Germany; Mr. E. S. Krishnamoorthy, India; Dr. A. G. Ardalan, Iran;
Mr. J. H. Walker, United Kingdom of Great
Britain and Northern Ireland.
The Conference set up a Business Committee consisting of the President and the Vice-Presidents of the Conference. The Chairmen of the Committees established by the Conference, who were not among the seven officers referred to above, were invited to participate in the proceedings of the Business Committee without vote.
The Conference established a Main Committee. consisting of representatives of all States participating in the Conference, which elected Mr. Charles Vaille, representative of France, as Chairman, and Dr. C. L. Hsia, representative of China, and Dr. Cemalettin Or, representative of Turkey, as Vice-Chairmen. The Conference also set up a Drafting Committee, which elected Mr. Dragan Nikolic, representative of Yugoslavia, as Chairman, and Mr. Robert E. Curran, Q.C., member of the Canadian delegation, as Vice-Chairman, and a Credentials Committee, which elected Sr. Luciano Joublanc Rivas, representative of Mexico, as Chairman.
The Conference took as the basis of discussion the text of the Protocol drawn up by the Secretary-General in accordance with the principles adopted by the Commission on Narcotic Drugs at its sixth session held from 10 April to 24 May 1951.
The Conference adopted and opened for signature the Protocol for Limiting and Regulating the Cultivation of the Poppy Plant, the Production of, International and Wholesale Trade in, and use of Opium, annexed to this Final Act; the Conference also adopted the resolutions annexed to this Final Act.
IN WITNESS WHEREOF, the undersigned represen tatives and observers have signed this Final Act, reserving the position of their respective governments as regards adhesion to the Protocol.
DONE at New York, this twenty-third day of June, one thousand nine hundred and fifty-three, in one copy, in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. This Final Act and the Protocol annexed thereto shall be deposited with the Secretary-General of the United Nations who shall send certified true copies thereof to Members of the United Nations and to all other States referred to in articles 16 and 18 of the Protocol.
RESOLUTIONS ADOPTED BY THE UNITED NATIONS OPIUM CONFERENCEI. THE CONFERENCE,
Considering the importance of bringing into force with the least possible delay the Protocol for Limiting and Regulating the Cultivation of the Poppy Plant, the Production of, International and Wholesale Trade in, and Use of Opium signed this day and of its adoption and implementation by the largest possible number of States,
Requests the Economic and Social Council and the Secretary-General of the United Nations to use their best endeavours to secure:
The ratification of or accession as soon as possible to the Protocol of all Members of the United Nations and of non-member States invited, in accordance with the instructions of the Council, to participate in the Conference which drew up the Protocol and of any other State to which the Secretary-General at the request of the Council has sent a copy of the Protocol; and
The implementation so far as may be practicable of the provisions of the Protocol by States which have not become Parties.
II. THE CONFERENCE
Declares that the terms "narcotic substances", "narcotic drugs", "narcotic alkaloids" and other similar expressions used in the Protocol shall denote the drugs derived from opium which come within the provisions of the 1931 Convention.
III. THE CONFERENCE
Declares that the term "cultivate" as used in the Protocol shall be understood to include the meaning of the term "grow", and any term derived from the term "cultivate" shall be understood to include the meaning of the corresponding derivative of the term "grow."
IV. THE CONFERENCE,
Recalling the provisions of article 4 of the Pro tocol,
Declares that it is understood that the control measures therein provided do not apply to poppy grown exclusively for ornamental purposes.
V. THE CONFERENCE,
Recalling the provisions of paragraph 5 of article 7 of the Protocol, relating to exports of seized opium under certain circumstances,
Suggests that the Permanent Central Board should ordinarily permit the export referred to in that paragraph, provided that the conditions mentioned therein are fulfilled; and
Declares that no such export may be made or authorized by the Party concerned until the Board's permission has been obtained.
VI. THE CONFERENCE,
Recalling that the definition of opium in chapter I of the Protocol excludes galenical preparations which are obtained from opium such as tincture of opium, laudanum, Dover powder, paregoric,
Declares that it is agreed that Parties to the Protocol shall, in accordance with the provisions of article 9 of the Protocol, furnish full statistics of the amounts of opium used in the preparation of galenical preparations, which are included among the opium preparations referred to in sub-paragraph ( a) (iii) of paragraph 1 of article 9.
VII. THE CONFERENCE
Declares that wherever the term "year" is used in the Protocol, it means the twelve months from 1 January to 31 December.
VIII. THE CONFERENCE
Considering that international supervision over opium production and trade based on statistics supplied by Parties to the Protocol is an essential element of the limitation and regulation of opium as provided in the Protocol,
Declares that the Permanent Central Board, which, under articles 8 and 9 of the Protocol, has the duty of prescribing the forms in accordance with which estimates and statistics are to be furnished, has thus authority to require that estimates and statistics be furnished with an indication of the moisture content of the opium referred to.
IX. THE CONFERENCE,
Recalling the provisions of article 11 of the Protocol, concerning local inquiry by the Permanent Central Board,
Declares that it is understood that the Board will cause a local inquiry to be made only as it may appear necessary for the elucidation of the situation in any country or territory as regards the observance of important provisions of the Protocol or where there is reason to believe that a gravely unsatisfactory opium situation exists.
X. THE CONFERENCE,
Recalling that, under The Hague Opium Convention of 1912, the Geneva Opium Agreement of 1925 and the Bangkok Opium Agreement of 1931, the two latter as amended by the Protocol of 11 December 1946, the Parties to these instruments have undertaken to bring about the suppression of the manufacture, internal trade in and use of the prepared opium and of opium smoking,
Declares that nothing in the Protocol, and, in particular, neither the inclusion of prepared opium in the definition of opium, nor the presence of the transitional measures in article 19 may be interpreted as affecting the obligation of the States concerned to suppress finally and completely, with the least possible delay, the use of prepared opium and opium smoking.
XI. THE CONFERENCE,
Recalling the transitional measures under article 19 of the Protocol regarding the use of opium for quasi-medical purposes,
Declares that the use of opium for quasi-medical purposes shall, for the application of the Protocol, denote the use of opium without medical aid for relief of pain other than that caused by addiction to opium or to other narcotic drugs, but shall not include:
The use of opium dispensed in accordance with the provisions of article 9 of the 1925 Convention;
The use of drugs containing opium and exempted under article 8 of the 1925 Convention; and
Opium smoking.
XII. THE CONFERENCE,
Recalling the transitional measures under article 19 of the Protocol regarding the use of opium for quasi-medical purposes,
Notwithstanding the maximum period permitted in that article for the abolition of the use of opium for quasi-medical purposes,
Appeals urgently to the Parties making declarations under article 19 to abolish, as soon as possible, the use of opium for such purposes; and
Declares that nothing contained in article 19 should be regarded as implying permission to relax any restriction already imposed by these Parties in this respect.
XIII. THE CONFERENCE,
Recalling the transitional measures referred to in article 19 regarding the use of opium for quasi-medical purposes,
Declares that stocks of opium held by retail vendors licensed to sell opium issued to them by the competent government authorities for use for quasi-medical purposes, in accordance with the rules and regulations in force governing such use, shall not be considered as forming part of "stocks" as defined in article 1 of the Protocol.
XIV. THE CONFERENCE,
Recalling that the model codes for the application of the 1925 and 1931 Conventions (League of Nations document C.774. M.365.1932.XI) were of considerable value to a number of governments as a guide in framing legislative and administrative measures for the application of the Conventions in their territories,
Recommends that a similar code should be drawn up and should be circulated to governments with a request that they should be guided as far as possible by the code in framing the necessary legislative and administrative measures for the application in their territories of the Protocol;
2 . Requests the Economic and Social Council to ask the Commission on Narcotic Drugs to prepare such a code.
XV. THE CONFERENCE,
Recalling that the Economic and Social Council approved the proposal of the Commission on Narcotic Drugs that for the purposes of the Protocol only the countries which exported opium in the year 1950 should be permitted to export opium,
Considering that the limitation of the number of countries producing opium for export is necessary in order to limit the production of opium,
Having therefore decided to adopt the principle of limiting such countries and to give effect there to in the Protocol by limiting to Bulgaria, Greece, India, Iran, Turkey, the Union of Soviet Socialist Republics and Yugoslavia the right to export opium, provided that these countries become Parties to the Protocol,
Deeming it desirable that the international trade in opium should be as unrestricted as is compatible with an effective limitation of the production of opium,
Recommends that Parties should take all appropriate steps to prevent restrictive business practices (such as price-fixing, allocation or limitation of production or markets, and price discrimination) that would interfere with the normal international trade in opium for medical and scientific purposes at fair and reasonable prices, terms and conditions, and that if an inter-governmental body or agency should be established with competence to deal with such restrictive business practices, Parties should refer matters involving such practices to that body or agency.
XVI. THE CONFERENCE,
Recalling that restrictions on the freedom of activity of States are necessary in the international trade in opium in order to combat the illicit traffic and to protect humanity against the danger of addiction,
Declares, nevertheless, that restrictions in the international trade in opium, contained in the Protocol, shall not be considered as a precedent for restrictions of the freedom of activity in international trade.
XVII. THE CONFERENCE,
Having regard to the functions and responsibilities exercised by the United Nations in the international control of narcotic drugs, and
Considering that the arrangements established in the Protocol fall within the framework of the United Nations,
Invites the Economic and Social Council to recommend to the General Assembly:
To approve the assumption of the functions and responsibilities attributed by the Protocol to organs of the United Nations; and
To include the Protocol among the international instruments relating to the control of narcotic drugs for the purpose of assessment, in accordance with resolution 455 (V) of the General Assembly, of Parties non-members of the United Nations of their fair share of the expenses borne by the United Nations in connexion with those instruments; and
Invites the Economic and Social Council to propose the inclusion of this item in the provisional agenda of the eighth session of the General Assembly.
Determined to continue their efforts to combat drug addiction and illicit traffic in narcotic substances and aware that these efforts can only achieve the desired results by close collaboration between all States,
Recalling that, through a series of international instruments, efforts have been directed to the development of an effective system of narcotics control and desiring to strengthen such control at both the national and international level,
Considering, however, that it is essential to limit to medical and scientific needs and regulate the production of the raw materials from which natural narcotic drugs are obtained and realizing that the most urgent problems are those of the control of the cultivation of the poppy and of the production of opium,
The Contracting Parties,
Having resolved to conclude a Protocol for these purposes,
Have agreed as follows:
DEFINITIONS
Definitions
Except where otherwise expressly indicated, or where the context otherwise requires, the following definitions shall apply throughout this Protocol:
"1925 Convention" means the International Opium Convention, signed at Geneva on 19 February 1925, as amended by the Protocol of 11 December 1946;
"1931 Convention" means the Convention for limiting the manufacture and regulating the distribution of narcotic drugs, signed at Geneva on 13 July 1931, as amended by the Protocol of 11 December 1946;
"Board" means the Permanent Central Board set up under article 19 of the 1925 Convention;
"Supervisory Body" means the Supervisory Body set up under article 5 of the 1931 Convention;
"Commission" means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations;
"Council" means the Economic and Social Council of the United Nations;
"Secretary-General" means the Secretary-General of the United Nations;
"Poppy" means the plant Papaver somniferum L., and any other species of Papaver which may be used for the production of opium;
"Poppy straw" means all parts of the poppy after mowing (except the seeds) from which narcotics can be extracted;
"Opium" means the coagulated juice of the poppy in whatever form including raw opium, medicinal opium, and prepared opium, but excluding galenical preparations;
"Production" means the cultivation of the poppy with a view to harvesting opium;
"Stocks" means the total amount of opium lawfully held in a State other than (1) opium held by retail pharmacists and by institutions or qualified persons in the duly authorized exercise of therapeutic or scientific functions, and (2) opium held by, or under the control of, the government of that State for military purposes;
"Territory" means any part of a State which is treated as a separate entity in the application of the system of import certificates and export authorizations provided for in the 1925 Convention;
"Export" and "import" mean, in their respective connotations, the physical transfer of opium from one State to another State or from one territory to another territory of the same State.
REGULATION OF THE PRODUCTION AND USE OF OPIUM, AND TRADE IN OPIUM
Use of opium
The Parties shall limit the use of opium exclusively to medical and scientific needs.
Control in producing States
With a view to controlling the production and use of opium, and trade in opium:
Every producing State shall establish, if it has not already done so, and maintain one or more government agencies (hereafter in this article referred to as the Agency) to perform the functions assigned to it or to them, as the case may be, in this article. The functions referred to in paragraphs 2 to 6 of this article shall be discharged by a single agency if the Constitution of the State concerned permits it.
Production shall be limited to areas designated by the Agency or other competent government authorities.
Only cultivators licensed by the Agency or other competent government authorities shall be permitted to engage in production.
Each licence shall specify the extent of the area on which the cultivation of the poppy is permitted.
All cultivators of the poppy shall be required to deliver their total opium crops to the Agency. The Agency shall purchase and take physical possession of such opium crops as soon as possible.
The Agency or other competent government authorities shall have the exclusive right of importing, exporting and wholesale trading in, opium and of maintaining opium stocks other than those held by manufacturers licensed to manufacture alkaloids from opium.
Nothing in this article shall be deemed to permit derogation from the obligations already assumed or to detract from the effect of the laws enacted by any Party in accordance with existing Conventions with respect to the control of the cultivation of the poppy.
Control of the poppy plant cultivated for purposes other than the production of opium
A Party which permits the cultivation and use of the poppy for purposes other than the production of opium shall, whether or not it also permits the production of opium:
Enact all such laws or regulations as may be necessary to ensure
That opium is not produced from poppies cultivated for a purpose other than the production of opium, and
That the manufacture of narcotic substances from poppy straw is adequately controlled;
Transmit to the Secretary-General copies of any laws or regulations so enacted; and
Transmit annually to the Board, at a date fixed by it, the statistics of poppy straw imported or exported during the previous year for any purpose whatsoever.
Limitation of stocks
With a view to limiting to medical and scientific needs the quantity of opium produced in the world:
The Parties shall regulate the production, export and import of opium in such a way as to ensure that the stocks held by any Party shall not, on 31 December of any year, exceed the following amounts:
In the case of a producing State listed in subparagraph ( a) of paragraph 2 of article 6, the total amount of opium exported from that State for medical and scientific purposes, and of opium used within that State for the manufacture of alkaloids in any two years, plus a quantity equal to one half the amount exported and used for the manufacture of alkaloids in any other year at that Party's choice, provided that the years selected shall not include any year before 1 January 1946. Any such Party shall be entitled to select different periods for the computation of the amounts exported and the amounts used;
In the case of any Party (other than a Party referred to in sub-paragraph ( a) of this paragraph) which, having regard to the provisions of the 1925 and 1931 Conventions in so far as applicable to such Party, permits the manufacture of alkaloids, its normal requirements for a period of two years. Such requirements shall be determined by the Board;
In the case of any other Party, the total amount of opium consumed during the preceding five years.
( a) If a producing State referred to in subparagraph (a) of paragraph 1 of this article decides to cease producing opium for export and wishes to be removed from the category of producing State under sub-paragraph ( a) of paragraph 2 of article 6, it shall make a declaration to this effect to the Board at the time at which the next annual notification is due in accordance with sub-paragraph ( b) of paragraph 3 of this article. Upon making such declaration, any such Party shall for the purposes of this Protocol be deemed no longer to be a State mentioned in sub-paragraph ( a) of paragraph 2 of article 6 and may not be reinstated in that category; and the Board, upon receipt of such declaration, shall place such Party in the category referred to in sub-paragraphs ( b) or ( c) of paragraph 1 of this article, whichever is applicable, and shall notify all other Parties to this Protocol accordingly. For the purposes of this Protocol, any such change of category shall be effective as from the date of such notification by the Board;
(b) The procedure laid down in sub-paragraph ( a) of this paragraph shall apply with respect to any declaration by any Party wishing to be changed from the category referred to in sub-paragraph ( b) of paragraph 1 of this article to the category referred to in sub-paragraph ( c) of paragraph 1 of this article or vice versa, except that any such Party may, at its request, be reinstated in its former category.
( a) The amount of opium referred to in subparagraphs ( a) and ( c) of paragraph 1 of this article shall be calculated on the basis of the statistics established by the Board in its annual report and including those for the period ending 31 December of the preceding year as published subsequently;
Any Party to which sub-paragraph ( a) or ( b)of paragraph 1 of this article applies, shall annually notify to the Board:
The periods it has chosen in accordance with sub-paragraph ( a) of paragraph 1 of this article or, as the case may be,
The amount of opium it wishes to be considered as its normal requirements for determination by the Board in accordance with sub-paragraph ( b) of paragraph 1 of this article;
The notification referred to in the preceding sub-paragraph shall reach the Board not later than 1 August of the year preceding the date to which it refers;
If a Party which is required to transmit a notification in accordance with sub-paragraph ( b)of this paragraph fails to do so in time, the Board shall, without prejudice to the provisions of the following sub-paragraph, adopt the data contained in that Party's last relevant notification. If, however, the Board has never received a relevant notification from the Party concerned, it shall, without further consultation with the Party, but after giving due consideration to the information at its disposal, to the aims of this Protocol and to the interest of the Party:
Choose the periods referred to in sub-paragraph ( a) of paragraph 1 of this article; or, as the case may be,
Determine the normal requirements referred to in sub-paragraph ( b) of paragraph 1 of this article;
If the Board receives a notification at a date later than that prescribed by sub-paragraph ( c) of this paragraph, it may proceed as if such notification had been received in time;
The Board shall annually notify:
Each Party referred to in sub-paragraph ( a) of paragraph 1 of this article, of the years chosen in accordance with that sub-paragraph or with sub-paragraphs ( d) and ( e) of paragraph 3 of this article;
Each Party referred to in sub-paragraph ( b) of paragraph 1 of this article, of the amount of opium which, in accordance with that subparagraph, it considered as that Party's normal requirements;
The Board shall transmit the notification referred to in sub-paragraph ( f) of this paragraph not later than 15 December of the year preceding the date to which the data contained therein refer.
( a) With respect to a State which is a Party to this Protocol on the date of its coming into force, the provisions of paragraph 1 of this article shall be effective as from 31 December of the year following the year in which the Protocol has come into force;
With respect to any other State, the provisions of paragraph 1 of this article shall be effective as from 31 December of the year following the year in which any such State has become a Party.
( a) If the Board considers the circumstances exceptional, it may, under conditions to be prescribed and for a designated period of time, exempt a Party from compliance with the requirements stipulated in paragraph 1 of this article as to the maximum level of opium stocks;
If at the time of the coming into force of this Protocol a producing State referred to in subparagraph ( a) of paragraph 2 of article 6 has opium stocks in excess of the maximum level permitted by sub-paragraph ( a) of paragraph 1 of this article, the Board shall, in the exercise of its discretion, have regard to this fact with a view to avoiding economic difficulties which would result in such State from too rapid a reduction of opium stocks to the maximum level prescribed in sub-paragraph (a) of paragraph 1 of this article.
International trade in opium
The Parties shall limit the import and export of opium exclusively to medical and scientific purposes.
( a) Without prejudice to the provisions of article 7, paragraph 5, the Parties shall not permit the import and export of opium other than opium produced in any one of the following States which at the time of the import or export in question shall be a Party to this Protocol:
Bulgaria
Greece
India
Iran
Turkey
Union of Soviet Socialist Republics
Yugoslavia;
( b)The Parties shall not permit the import of opium from any State which is not a Party to this Protocol.
Notwithstanding the provisions of sub-paragraph ( a) of paragraph 2 of this article, a Party may authorize, exclusively for its domestic consumption, the import and export as between its territories of an amount of opium produced in any of those territories not exceeding its needs for one year.
The Parties shall apply to the import and export of opium the system of import certificates and export authorizations provided for in chapter V of the 1925 Convention, except that article 18 thereof shall not apply. A Party may, however, impose, with respect to its imports and exports of opium, conditions more restrictive than those required by chapter V of the 1925 Convention.
Disposal of seized opium
Except as provided in this article, all opium seized in the illicit traffic shall be destroyed.
A Party may, under Government control, convert, in whole or in part, the narcotic substances contained in such opium into non-narcotic substances, or appropriate, in whole or in part, such opium or the alkaloids manufactured therefrom for medical or scientific use by or under the control of the government.
Any producing State listed in sub-paragraph ( a) of paragraph 2 of article 6 which is a Party to this Protocol may consume and export opium seized in its country, or the alkaloids manufactured therefrom.
Seized opium which can be identified as having been stolen from a government or licensed warehouse may be returned to its lawful owner.
A Party which permits neither the production of opium nor the manufacture of opium alkaloids may obtain permission from the Board to export in exchange for opium alkaloids or drugs containing opium alkaloids, or for the purpose of extracting such alkaloids for that Party's own medical or scientific needs, a specified quantity of opium seized by the authorities of that Party to the territory of a Party which manufactures opium alkaloids. However, the quantity of opium so exported in any one year may not exceed the equivalent, in opium, of one year's requirements of the exporting Party concerned in the form both of medicinal opium and of drugs containing opium or alkaloids thereof; and any surplus shall be destroyed.
INFORMATION TO BE SUPPLIED BY GOVERNMENTS
Estimates
Each Party shall, in a similar manner to that required for drugs by the 1931 Convention, forward to the Board, in respect of each of its territories, estimates for the following year of:
The quantity of opium required for use as such for medical and scientific needs, including the quantity required for the manufacture of preparations exempted under article 8 of the 1925 Convention;
The quantity of opium required for the manufacture of alkaloids;
The stocks which, having regard to the provisions of article 5, it proposes to maintain and the amount of opium necessary to add to or deduct from its existing stocks in order to bring those stocks to the desired level;
The amounts of opium it proposes to add to its stocks, if any, held for military purposes, or to transfer therefrom to lawful trade.
The total of the estimates for each country or territory shall consist of the sum of the amounts specified under sub-paragraphs ( a) and ( b) of the preceding paragraph, with the addition of the amount necessary to bring the stocks specified under sub-paragraphs ( c) and ( d) of the same paragraph to the desired level or after the deduction of any amounts by which those stocks may exceed that level. These additions or deductions shall not, however, be taken into account except in so far as the Parties concerned have forwarded at the proper time the necessary estimates to the Board.
Each Party which permits the production of opium shall forward annually to the Board, in respect of each of its territories, an estimate of the extent of the area (in hectares) stated, as exactly as possible, on which it proposes to cultivate the poppy for the purpose of harvesting opium, and estimates, as accurate as practicable, of the amount of opium to be harvested, based on the average yield of opium in the preceding five years. If the cultivation of the poppy for this purpose is permitted in more than one region, this information shall be shown separately for each such region.
( a) The estimates referred to in paragraphs 1 and 3 of this article shall be made in the form prescribed from time to time by the Board.
Every estimate shall be dispatched so as to reach the Board by a date determined by it. The Board may prescribe different dates for the estimates referred to in paragraph 1 of this article and for those referred to in paragraph 3 thereof; it may also, taking into consideration varying harvesting times, prescribe different dates for the estimates to be furnished by Parties under paragraph 3 of this article.
Every estimate shall be accompanied by a statement explaining the method by which it has been compiled and by which the several amounts in it have been calculated.
Supplementary estimates either decreasing or increasing the original estimates may be furnished and shall be sent to the Board without delay, together with an explanation of the reason for such revision. The provisions of this article, except subparagraph ( b) of paragraph 4 and paragraph 9, shall apply to such supplementary estimates.
The estimates shall be examined by the Supervisory Body which may request any further information in order to make an estimate complete, or to explain anything contained therein and, with the consent of the government concerned, amend such estimates.
The Board shall request estimates for countries or territories to which this Protocol does not apply to be made in accordance with the provisions of this Protocol.
If in respect of any country or territory any estimates do not reach the Board by the date prescribed by it under sub-paragraph ( b) of paragraph 4 of this article, such estimates shall, as far as practicable, be established by the Supervisory Body.
The estimates referred to in paragraph 1 of this article, including such estimates established by the Supervisory Body in accordance with paragraph 9 of this article, shall not be exceeded by the Parties unless or until they have been modified by supplementary estimates.
If it appears from the import and export returns made to the Board under article 9 of this Protocol or article 22 of the 1925 Convention that the quantity of opium exported to any country or territory exceeds the total of estimates for that country or territory as defined in paragraph 2 of this article, with the addition of the amounts shown to have been exported, the Board shall immediately notify all the Parties. The Parties agree that they will not, during the currency of the year in question, authorize any new exports to that country or territory except:
In the event of a supplementary estimate being furnished for that country or territory in respect both of any quantity over-imported and of the additional quantity required; or
In exceptional cases where the export in the opinion of the exporting Party is essential in the interests of humanity or for the treatment of the sick.
Statistics
The Parties shall furnish to the Board in respect of each of their territories:
Not later than 31 March, statistics relating to the preceding year showing:
The extent of the area on which poppy was cultivated with a view to harvesting opium and the amount of opium harvested thereon;
The amount of opium consumed, i.e., the amount of opium delivered for retail trade, or to be dispensed or administered by hospitals, or by qualified and duly authorized persons in the exercise of their professional or medical functions;
The amount of opium used for the manufacture of alkaloids and opium preparations, including the quantity required for the manufacture of preparations for the export of which export authorizations are not required, whether such preparations are intended for domestic consumption or for export, in accordance with the Conventions of 1925 and 1931;
The amount of opium seized in the illicit traffic, the amount disposed of and the method of disposal; and
Not later than 31 May, statistics showing the stocks held on the preceding 31 December; the statistics concerning these stocks shall exclude the opium held by a Party for military purposes on 31 December 1953, but shall include any amounts subsequently added to such opium or transferred therefrom to lawful trade; and
Not later than four weeks from the end of the period to which they relate, quarterly statistics showing the amounts of opium imported and exported.
The statistics referred to in paragraph 1 of this article shall be furnished on such forms and in such manner as may be determined by the Board.
If they have not already done so, producing States which are Parties to the Protocol shall furnish to the Board as exactly as possible for 1946 and the following years the statistics referred to in sub-paragraph (a) (i) of paragraph 1 of this article.
The Board shall publish the statistics referred to in this article in such form and at such intervals as it may deem appropriate.
Reports to the Secretary-General
The Parties shall furnish to the Secretary-General:
A report on the organization of and functions assigned under article 3 to the Agency referred to therein, and on the functions assigned under article 3 to the other competent authorities, if any;
A report on the legislative and administrative measures adopted in accordance with this Protocol;
An annual report on the working of this Protocol. This report shall be made in accordance with the form prescribed by the Commission, and may be included in or annexed to the annual reports referred to in article 21 of the 1931 Convention.
The Parties shall furnish the Secretary-General with additional information regarding any important changes concerning the matters set out in the preceding paragraph.
INTERNATIONAL SUPERVISION AND ENFORCEMENT MEASURES
Administrative measures
In order to supervise the operation of this Protocol the Board may adopt the following measures:
Request for information
The Board may ask Parties confidentially for information regarding the implementation of this Protocol and, in this connexion, make appropriate suggestions to the Parties concerned;
Request for explanation
If on the basis of information at its disposal the Board is of the opinion that any important provision of this Protocol is not being observed in any country or territory or that the opium situation therein requires elucidation, the Board shall have the right to ask confidentially for an explanation from the Party concerned;
Proposal of remedial measures
If the Board thinks fit, it may confidentially call the attention of a government to its failure to carry out substantially any important provision of this Protocol or to a gravely unsatisfactory opium situation in any of the territories under its control. The Board may also call upon the government to study the possibility of adopting such remedial measures as the situation may require;
Local inquiry
If the Board considers that a local inquiry would contribute to the elucidation of the situation it may propose to the government concerned that a person or a committee of inquiry designated by the Board be sent to the country or territory in question. If the government fails to reply within four months to the Board's proposal such failure shall be considered a refusal to consent. If the government expressly consents to the inquiry it shall be made in collaboration with officials designated by that government.
The Party concerned shall be entitled to be heard by the Board through its representative before a decision is taken under sub-paragraph ( c) of the preceding paragraph.
Decisions of the Board taken in accordance with sub-paragraphs ( c) and ( d) of paragraph 1 of this article shall be made by a majority of the whole number of the Board.
If the Board publishes its decisions taken under sub-paragraph ( d) of paragraph 1 of this article or any information relating thereto, it shall also publish the views of the government concerned if the latter so requests.
Enforcement measures
Public declarations
If the Board finds that the failure of a Party to carry out provisions of this Protocol is seriously impeding the control over narcotic substances in any territory of that Party or in any territory of another State, it may adopt the following measures:
Public notification
The Board may call the attention of all Parties and of the Council to the matter.
Public statements
If the Board considers that its action taken in accordance with the preceding sub-paragraph has not had the desired results, it may issue a statement that a Party has violated its obligations under this Protocol, or that any other State has failed to take the necessary measures to prevent the opium situation in any of its territories from becoming a danger to effective control of narcotic substances in one or several of the territories of other Parties or States. If the Board makes a public statement it shall also publish the views of the government concerned if the latter so requests.
Recommendation of embargo
If the Board finds:
as a result of its study of the estimates and statistics furnished under articles 8 and 9, that a Party has failed substantially to carry out its obligations under this Protocol or that any other State is seriously impeding the effective administration thereof, or
in the light of the information at its disposal, that excessive quantities of opium are accumulating in any country or territory or that there is a danger of any country or territory becoming a centre of illicit traffic, it may recommend to the Parties an embargo on the import of opium, the export of opium, or both, from or to the country or territory concerned, either for a designated period or until it shall be satisfied as to the opium situation in such country or territory. The State concerned may bring the matter before the Council, in accordance with the relevant provisions of article 24 of the 1925 Convention.
Mandatory embargo
Announcement of, and imposition of embargo
The Board may, on the basis of findings made under sub-paragraphs ( a) or ( b) of paragraph 2 of this article, adopt the following measures:
The Board may announce its intention to impose an embargo on the import of opium or the export of opium, or both, from or to the country or territory concerned;
If the announcement mentioned in sub-paragraph ( a) (i) of this paragraph fails to remedy the situation the Board may impose the embargo provided that the lesser measures set out in sub-paragraphs ( a) and ( b) of paragraph 1 of this article have failed or are unlikely to correct the unsatisfactory situation. The embargo may be imposed either for a definite period or until the Board is satisfied as to the situation in the country or territory concerned. The Board shall forthwith notify the State concerned and the Secretary-General of its decision. The decision of the Board shall be confidential and, except as expressly provided in this article, shall not be disclosed until it is established in accordance with sub-paragraph ( c) (i) of paragraph 3 of this article that the embargo is to take effect.
Appeal
A State in respect of which a decision to impose a mandatory embargo has been taken may, within thirty days of receipt by that State of such decision, notify the Secretary-General confidentially in writing of its intention to appeal and, within another thirty days, furnish in writing the reasons for such appeal;
The Secretary-General shall at the time of coming into force of this Protocol request the President of the International Court of Justice to appoint an Appeals Committee consisting of three members and two alternates who, by their competence, impartiality and disinterestedness, will command general confidence. If the President of the International Court of Justice informs the Secretary-General that he is unable to make the appointment, or does not make it with in a period of two months from the receipt of the request to do so, the Secretary-General shall make the appointment. The term of office of the members of the Appeals Committee shall be five years and any member may be eligible for reappointment. The members shall, in accordance with arrangements made by the Secretary-General, receive remuneration only for the duration of the sittings of the Appeals Committee;
Vacancies on the Appeals Committee shall be filled in accordance with the procedure set out in sub-paragraph ( b) (ii) of this paragraph;
The Secretary-General shall forward to the Board copies of the written notification and the reasons for the appeal referred to in sub-paragraph ( b) (i) of this paragraph and, without delay, provide for a meeting of the Appeals Committee to hear and determine the appeal and shall make all arrangements necessary for the Appeals Committee's work. He shall furnish the members of the Appeals Committee with copies of the Board's decision, the communications referred to in sub-paragraph ( b) (i) of this paragraph, the Board's reply if available and all other relevant documents;
The Appeals Committee shall adopt its own rules of procedure;
The appellant State and the Board shall be entitled to be heard by the Appeals Committee before a decision is taken;
The Appeals Committee may affirm, vary or reverse the Board's decision relative to the imposition of the embargo. The decision of the Appeals Committee shall be final and binding and shall forthwith be communicated to the Secretary-General;
The Secretary-General shall communicate the decision of the Appeals Committee to the appellant State and to the Board;
If the appellant State withdraws the appeal, the Secretary-General shall notify the Appeals Committee and the Board of such withdrawal.
Execution of the embargo
The embargo imposed in accordance with sub-paragraph ( a) of this paragraph shall come into force sixty days after the Board's decision unless notice of appeal is given in accordance with sub-paragraph ( b) (i) of this paragraph. In this case the embargo shall come into force thirty days after the withdrawal of the appeal or after a decision of the Appeals Committee upholding the embargo in whole or in part;
As soon as it is established in accordance with sub-paragraph ( c) (i) of this paragraph that the embargo is to take effect, the Board shall notify all the Parties of the terms of the embargo and the Parties shall comply therewith.
Procedural safeguards
Decisions of the Board taken in accordance with this article shall be made by a majority of the whole number of the Board.
The State concerned shall be entitled to be heard by the Board through its representative before a decision is taken under this article.
If the Board publishes a decision taken under this article or any information relating thereto, it shall also publish the views of the government concerned if the latter so requests. If the decision of the Board is not unanimous the views of the minority shall be stated.
Universal application
The Board may also, if possible, take the measures referred to in this chapter, in respect of States which are not Parties to this Protocol, and in respect of territories to which, under article 20, this Protocol does not apply.
FINAL ARTICLES
Measures of implementation
The Parties shall adopt all legislative and administrative measures necessary for the purpose of making fully effective the provisions of this Protocol.
Disputes
The Parties expressly recognize that the International Court of Justice is competent to settle disputes concerning this Protocol.
Unless the Parties concerned agree to another mode of settlement, any dispute between two or more Parties relating to the interpretation or application of this Protocol shall be referred to the International Court of Justice for settlement at the request of any one of the Parties to the dispute.
Signature
This Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall until 31 December 1953 be open for signature on behalf of any Member of the United Nations and of any non-member State invited, in accordance with the instructions of the Council, to participate in the Conference which drew up this Protocol, and of any other State to which the Secretary-General at the request of the Council, has sent a copy of this Protocol.
Ratification
This Protocol shall be ratified. The instruments of ratification shall be deposited with the Secretary-General.
Accession
This Protocol may be acceded to on behalf of any Member of the United Nations or any non-member State referred to in article 16 or any other non-member State to which the Secretary-General, at the request of the Council, has sent a copy of this Protocol. The instruments of accession shall be deposited with the Secretary-General.
Transitional measures
As a transitional measure, any Party may, provided that it has made an express declaration to that effect at the time of signature or deposit of its instrument of ratification or accession, permit
The use, in any of its territories, of opium for quasi-medical purposes;
The production, import or export of opium for such purposes from or to any State or territory to be designated at the time of making the above mentioned declaration, provided that:
On 1 January 1950 such use, import or export of opium was traditional in the territory in respect of which the declaration is made and was there permitted at that date;
no export shall be permitted to a State not a Party to this Protocol; and
the Party undertakes to abolish, within a period which shall be specified by that Party at the time of the declaration and which shall in no case extend beyond fifteen years after the coming into effect of this Protocol, the use, production, import and export of opium for quasi-medical purposes.
Any Party having made a declaration under paragraph 1 of this article shall, for the period referred to in sub-paragraph ( b) (iii) of that paragraph, be authorized, in each year, to hold in addition to the maximum stocks provided for in article 5, stocks equal to the amount consumed for quasi-medical purposes in the two preceding years.
Any Party may also, as a transitional measure, provided that it has made an express declaration to this effect at the time of signature or deposit of its instrument of ratification or accession, permit the smoking of opium by addicts not under 21 years of age registered by the appropriate authorities for that purpose on or before 30 September 1953, provided that on 1 January 1950 opium-smoking was permitted by the Party concerned.
A Party invoking the transitional measures under this article shall:
Include in the annual report, to be furnished to the Secretary-General in accordance with article 10, an account of the progress made during the preceding year towards the abolition of the use, production, import or export of opium for quasi-medical purposes and of opium for smoking;
Submit separately in respect of opium used, imported, exported and held for quasi-medical purposes, and of opium used and held for purposes of smoking, such estimates and statistics as are required by articles 8 and 9 of this Protocol.
( a) If a Party, which invokes the transitional measures in accordance with this article, fails to submit:
The report referred to in sub-paragraph ( a) of paragraph 4 within six months after the end of the year to which the information relates,
The statistics referred to in sub-paragraph ( b) of paragraph 4 within three months after the date on which they are due in accordance with article 9,
The estimates referred to in sub-paragraph ( b) of paragraph 4 within three months after the date fixed for that purpose by the Board in accordance with article 8,
the Board or the Secretary-General as the case may be shall send to the Party concerned a notification of the delay and request it to submit such information within a period of three months after the receipt of that notification.
( b) If a Party fails to comply within such period with this request of the Board or the Secretary-General, the transitional measures permitted under this article shall no longer be applicable to that Party as from the expiration of that period.
Note by the Secretariat: The words "provided that" should be on a separate line as they apply both to sub-paragraphs (a) and (b). Since, however, this typographical error was made in the signed copy of the Protocol no change has been made in the present edition of the Protocol.
Territorial application
This Protocol shall apply to all the non-self-governing, trust, colonial and other non-metropolitan territories for the international relations of which any Party is responsible, except where the previous consent of a non-metropolitan territory is required by the Constitution of the Party or of the non-metropolitan territory, or required by custom. In such case the Party shall endeavour to secure the needed consent of the non-metropolitan territory within the shortest period possible and when that consent is obtained the Party shall notify the Secretary-General. This Protocol shall apply to the territory or territories named in such 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.
Coming into force
This Protocol shall come into force on the thirtieth day after the date of deposit of the instruments of ratification or accession of at least twenty-five States including at least three of the producing States named in sub-paragraph ( a) of paragraph 2 of article 6 and at least three of the following manufacturing States: Belgium, France, Federal Republic of Germany, Italy, Japan, Netherlands, Switzerland, United Kingdom of Great Britain and Northern Ireland, United States of America.
This Protocol shall come into force in respect of any State depositing an instrument of ratification or accession after the deposit of those necessary for the coming into force of this Protocol in accordance with paragraph 1 of this article, on the thirtieth day following the date on which the State concerned has deposited its instrument.
Revision
Any Party may request revision of this Protocol at any time by a notification addressed to the Secretary-General.
The Council, after consultation with the Commission, shall recommend the steps to be taken in respect of such request.
Denunciations
After the expiration of five years from the date of the coming into force of this Protocol, a Party may denounce this Protocol by depositing with the Secretary-General an instrument in writing.
The denunciation referred to in paragraph 1 of this article shall take effect on 1 January of the first year following the date on which it has been received by the Secretary-General.
Termination
This Protocol shall cease to be in force if, as a result of denunciations made in accordance with article 23, the list of Parties does not fulfil all the conditions laid down in article 21.
Reservations
Save as is expressly provided in article 19 respecting the declarations therein permitted and to the extent authorized in article 20 respecting territorial application, no Party may make any reservation respecting any of the provisions of this Protocol.
Communications by the Secretary-General
The Secretary-General shall notify to all Members of the United Nations and the other States referred to in articles 16 and 18:
Signatures affixed to this Protocol after the end of the United Nations Opium Conference and the deposit of instruments of ratification and accession in accordance with articles 16, 17 and 18;
Any territory which, in accordance with article 20, has been included by a State responsible for its international relations among the territories to which this Protocol shall apply;
The coming into force of this Protocol in accordance with article 21;
Declarations and notifications made in accordance with the transitional measures provided for in article 19, the dates of their expiration and of their ceasing to be effective;
Denunciations made in accordance with article 23;
Requests for revision of this Protocol made in accordance with article 22; and
The date on which this Protocol shall cease to be in force in accordance with article 24
This Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General. The Secretary-General shall send a certified true copy to all Members of the United Nations and to all other States referred to in articles 16 and 18 of this Protocol.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Protocol in a single copy on behalf of their respective Governments.
New York, this twenty-third day of June one thousand nine hundred and fifty-three.
