Article 10

AMENDMENTS TO ARTICLE 20 OF THE SINGLE CONVENTION

Article 20 of the Single Convention shall be amended to read as follows:

"1. The Parties shall furnish to the Board for each of their territories, in the manner and form prescribed by the Board, statistical returns on forms supplied by it in respect of the following matters:

"(a) Production or manufacture of drugs;

"(b) Utilization of drugs for the manufacture of other drugs of preparations in Schedule III and of substances not covered ;   ` Convention, and utilization of poppy straw for the manufacture of drugs;

"(c) Consumption of drugs;

"(d) Imports and exports of drugs and poppy straw; ",(e) Seizures of drugs and disposal thereof;

"(f) Stocks of drugs as at 31 December of the year to which <   : returns relate; and

"(g) Ascertainable area of cultivation of the opium poppy

"2. (a) The statistical returns in respect of the matters referred to in paragraph 1, except subparagraph (d), shall be prepared annually ay and shall be furnished to the Board not later than 30 June following ., ng the year to which they relate.

"(b) The statistical returns in respect to the matters referred to in subparagraph (d) of paragraph 1 shall be prepared quarterly and shall be furnished to the Board within one month after the end of the quarter to which they relate.

"3. The Parties are not required to furnish statistical returns respecting special stocks, but shall furnish separately returns respecting drugs imported into or procured within the country or territory for special purposes, as well as quantities of drugs withdrawn from special stocks to meet the requirements of the civilian population."

Commentary

1.   The 1972 Protocol made the following changes in article 20: it added subparagraph (g) to paragraph 1 requiring Parties to fianish to the Board annual statistical reports on their "ascertainable area of cultivation of the opium poppy"; it deleted paragraph 3 reading that ". . . Parties may as far as possible also furnish to the Board for each of their territories information in respect of areas (in hectares) cultivated for the production of opium."; and consequently it renumbered paragraph 4 as paragraph 3.

2.   The new subparagraph (g) is the statistical counterpart of the new subparagraph (e) of paragraph 1 of article 19, requiring Parties to supply to the Board annual estimates of "the area (in hectares) and the geographical location of land to be used for the cultivation of the opium poppy". Subparagraph (g) should enable the Board to review the compliance of Parties with their obligations under paragraph 1, subparagraph (e) and paragraph 5 of the amended article 19.

3. As regards the omission of the 1972 Conference to provide for statistical information corresponding to the estimates furnished under article 19, paragraph 1, subparagraphs (g) and (h), see paragraphs 13 to 15 of the above comments on the introductory paragraph of article 9 of the 1972 Protocol and on article 19, paragraph 1 of the amended Single Convention.

4.   Several delegates to the 1972 Conference doubted that the Board needs information on the area cultivated with the opium . poppy for any purpose whatsoever. Some of them held that information on the area cultivated for the production of opium would be sufficient.1 It is submitted that under article 13, paragraph 1 and article 20, paragraph 1, introductory subparagraph, the Board could ask for separate data on the area cultivated with the opium poppy for the production of opium and on the area cultivated with the poppy for all other purposes? The representative of the Board stated at the 1972 Conference that the Board might have to ask the Parties to furnish separate information on the -area used for the production of opium. 3 It may also be recalled in this context that Parties to the 1953 Protocol have under article 9, paragraph 1, subparagraph (a), clause (i) of that treaty undertaken to supply that information to the Board.

5.   Some delegates to the 1972 Conference also. pointed out that it would be practically impossible or extremely difficult -to collect exact data required for the implementation of the subparagraph under consideration. The word "ascertainable" was added to the draft of that provision to meet these misgivings .5   It is therefore submitted that . Parties need under subparagraph (g) make only such efforts to collect the required information as are practical and as can reasonably be expected of them, particularly in respect of the area on which the poppy is cultivated for other purposes than for the production of opium. They are certainly not required to search out every little garden patch on which opium poppies are grown for decorative purposes.

6'. Contrary to the corresponding provision of article 19, paragraph 1, subparagraph (e), the subparagraph under consideration does not expressly require that the information be expressed in hectares; but the Board may under article 13, paragraph 1 and article 20, paragraph 1, introductory subparagraph, prescribe that form of presentation.

1 1972 Records, vol. II, paras. 67, 68, 69, 74, 75, 78 and 80 of the summary records of the nineteenth meeting of Committee I (pp. 154-155).

2 See also para. 3 of the comments referred to in para. 3 of the present comments. 3 Para. 79 of the summary records referred to in foot-note 1 (p. 155).

4 Paras. 65, 66, 67, 68 and 74 of the summary records mentioned in foot-note 1 (pp. 153-155).

5 Paras. 70 and 81 of the summary records (pp. 154-155).