Article 21

LIMITATION OF MANUFACTURE AND IMPORTATION

General comments

1. The system of control over all stages of the drug economy which the Single Convention provides has two basic features: limitation of narcotics supplies of each country and territory to the quantities that it needs for medical and scientific purposes, and authorization of each form of participation in the drug economy, that is, licensing of producers, manufacturers and traders, governmental authorizations of each import and export, and the requirement of medical prescriptions for consumption. 1 In the case of the production 2 of opium, coca leaves, cannabis and cannabis resin, this regime is supplemented by the requirement of maintaining government monopolies for the wholesale and international trade in these drugs in countries which produce them, 3 and by provisions aimed at keeping down the number of countries which produce opium for export. 4

2. Article 21 contains the rules by which the supply limits of each country or territory are determined, 5 and also those by which the Board is authorized in certain circumstances to order the discontinuation of the export of the drugs involved to a country or territory which has exceeded its import limits 6 in respect of those drugs. The figures to be used for the calculation of the supply limits are the estimates furnished by Governments 7 or established by the Board, 3 and the statistical data supplied by the Government, 9 both kinds of figures being subject to the Board's scrutiny. 1° The elements that are to be added together in calculating the supply limits are defined in paragraph 1, and those that are to be subtracted in paragraphs 2 and 3.

3. It is submitted that, in order to be able to remain within their limits of manufacture and import as defined in article 21, paragraphs 1 to 3 and in order not to exceed the individual estimates as required by article 19, para graph 5, 11 Governments should allocate individual quotas from within the total annual drug supplies they need to manufacturers or importers, or both. They can do this by an appropriate application of the import certificate and export authorization system provided for in article 31 and by the implementation of article 29, paragraph 2, subparagraph (c), which obligates them to require that drug manufacturers obtain periodical permits specifying the kinds and amounts of drugs which they shall be entitled to manufacture. The quotas may have to be adjusted more or less frequently in the light of the actual manufacture and import of the allotted quantities. It is therefore suggested that Governments should be kept currently informed about the quantities manufactured, sold to retailers (i.e. "consumed"), 12 kept in stock by manufacturers and wholesalers, imported and exported, and should maintain a running account of these data. They can obtain the required information from periodical reports of manufacturers and wholesalers, and in the course of their administration of the import certificate and export authorization system. 13

4. In order effectively to carry out such a system of quotas and governmental records, it may be advisable or even essential to keep to a minimum the number of licences of manufacturers and international traders (importers as well as exporters), or of the state enterprises engaged in these activities. 14

5. The quota system need not be applied to exports.

6. The limitation regime of article 21 governs all drugs controlled by the Single Convention, that is, all substances listed in Schedules I and 11, while before the entry into force of the Single Convention the system of limiting narcotics supplies applied only to the substances falling under the 1931 Convention, 1948 Protocol and 1953 Protocol, that is, it applied only to manufactured drugs other than extracts and tinctures of cannabis, and to opium. It did not apply to such extracts and tinctures, cannabis, cannabis resin and coca leaves.

7. The limitation regime of the Single Convention, however, does not govern poppy straw and the leaves of the cannabis plant (when not accompanied by the tops), because these substances are not listed in Schedule I or II and are therefore not "drugs". It of course does not apply to "production", and therefore applies only to the importation of those drugs, i.e. of opium, coca leaves, cannabis and cannabis resin, which are not obtained by "manufacture", but by "production".

8. For corresponding provisions of earlier narcotics treaties, see articles 6, 7, 8, 12 and 14, paragraph 2 of the 1931 Convention and article 8, paragraphs 10 and 11 of the 1953 Protocol.

1 In the common sense of this word and not in that of article 1, para. 2 of the Single Convention; State enterprises engaged in manufacture or trade need not be licensed.

2 Article 1, para. 1, subpara. (t).

3 Articles 23, 26 and 28, para. 1.

4 Article 24.

5 Paras. 1 to 3.

6 Para. 4.

7 Article 19.

8 Article 12, para. 3.

9 Article 20.

10 Articles 12 and 13.

11 Q- See above comments on this on this paragraph

12 Article 1, para. 2.

13 Model Code, chapter IV, p. 5; see also United Nations document E/CN.7/ 484/Rev. 1, para. 89; article 17 of the 1931 Convention was not taken over by the Single Convention; article 17 provides that Governments require manufacturers to make quarterly reports stating inter alia the quantities of drugs manufactured, disposed of and remaining in stock in the quarter concerned; see also Commentary on the 1931 Convention, para. 83, p. 129.

14 See below, comments on article 29, para. 1 and article 31, para. 3, subpara. (a).

Paragraph 1

1. The total of the quantities of each drug manufactured and imported by any country or territory in any one year shall not exceed the sum of the following:
(a) The quantity consumed, within the limit of the relevant estimate, for medical and scientific purposes;
(b) The quantity used, within the limit of the relevant estimate, for the manufacture of other drugs, of preparations in Schedule 111, and of substances not covered by this Convention;
(c) The quantity exported;
(d) The quantity added to the stock for the purpose of bringing that stock up to the level specified in the relevant estimate; and
(e) The quantity acquired within the limit of the relevant estimate for special purposes.

Commentary

1. This paragraph describes what must be added up in computing the maximum supplies which a country or territory may in a given year obtain by manufacture or import or both, while paragraphs 2 and 3 define what must be subtracted. The sum of the estimates referred to in subparagraphs (a), (b) and (e) of paragraph 1, plus the quantity actually added to stocks to bring them to the level of the stock estimate referred to in subparagraph (d), plus the amount actually exported, forms the outside limit of the quantity of the drug concerned which a country or territory may obtain in the year in question. It will be noted that this sum, without the exports, is very close to "the total of the estimates" as defined in article 19, paragraph 2, leaving aside any subtractions which may be required under paragraphs 2 and 3. The sum differs from the total of the estimates in that it includes the quantity actually added to the stocks to raise them to the level of the stock estimate, while the total of the estimates includes, instead, the amount required for this purpose.

2. But the manufacturing and import limits will often be smaller than these outside limits, because it is not the estimated requirements that are to be added up, but only actual "consumption", 1 actual use for the manufacture of other drugs, of preparations in Schedule III and of substances not covered by the Single Convention, and actual additions to special stocks, within the limits of their respective estimates, 2 plus the quantity which actually is added to the stocks in order to bring them to the level indicated in the stock estimates. 3 In fact, the quantities which may be manufactured and imported cover all needs for domestic requirements 4 and for exports. 5

3. Whenever the estimates of a country or territory do not include figures for a particular drug, this should be understood to denote the absence of a need for that drug, and not the absence of a manufacturing and import limit. 6

4. Only the manufacture of base drugs is to be taken into account in determining whether the limits are exceeded, and not the transformation of bases into their salts, the refining of crude drugs or the compounding of pre parations. The quantity of the concentrate of poppy straw which is manufactured and "made available in trade", 7 but not the amount of the concentrate which exists only as an intermediary stage in a continuous process of manufacturing morphine from poppy straw, is to be counted in calculating the limit for the concentrate. 8 It will be recalled that under the terms of the Single Convention, concentrate of poppy straw when "made available in trade" being separately listed in Schedule I, is a drug separate from morphine.

5. Drugs which appear only as intermediary stages in a continuous process of manufacturing drugs or substances not covered by the Single Convention are not counted in computing the manufacturing and import limits for them; e.g. heroin, which appears only as an intermediary product in a continuous process of making nalorphine from morphine, is not to be considered in computing the limit for heroin.

6. The pure drug content of imported refined drugs, crude drugs, salts and preparations must be counted in determining the limits of manufacture and import, but not of imported preparations in Schedule III. Such preparations must also be left aside in establishing the export figures under subparagraph (c). 9

7. Exported drugs which for any reason whatsoever are returned to the exporting country or territory are to be included not only in the exports, but also in the "imports" of that country or territory. Imported drugs which are re-exported are to be counted as imports as well as exports.

8. The phrase "for special purposes" means "for the purpose of being held in special stocks or of passing through special stocks for special Government purposes and to meet exceptional circumstances". 19

9. It will be recalled that Parties must not only observe the manufacturing and import limits as computed under article 21, paragraphs 1 to 3, but should also not exceed their individual estimates pursuant to article 19, para graph 1, subparagraphs (a) to (d). See above, comments on article 19, paragraph 5.

10. Although the Spanish text of the introductory paragraph of paragraph 1 of article 21 reads "fabricada o importada" for "manufactured and imported" in the English version, and for ` fabriquee et importee" in the French version, the meaning of the three texts is the same. A country or territory may acquire the maximum amounts of drugs allowed under its supply limits pursuant to article 21, paragraphs 1 to 3 either by manufacture or by imports or both. What it imports reduces the quantity of a drug which it may manufacture, and vice versa.

11. It may finally be mentioned that a country or territory may occasionally exceed its manufacturing and import limits even if it applies the provisions of the Convention correctly. This may in particular happen if, near the end of the year, its consumption is unexpectedly high, or if it receives at that time unforeseen large orders for the export of drugs made from other drugs or of substances made from drugs and not covered by the Single Convention. This may occur at a moment at which no time is left for preparing the required supplementary estimates and for their proper examination by the Board. 11 The quantities by which a country or territory would in such a case exceed its manufacturing and import limits might not be "available" for its requirements in the following year. Such "paper" excesses would not be deducted under paragraph 3 ; see below, comments on that paragraph. 12

12. For the corresponding provisions of earlier treaties, see articles 6 and 12, paragraph 2 of the 1931 Convention.

1 Within the meaning of article 1, para. 2.

2 For consumption estimates, see article 19, para. 1, subpara. (a); for estimates of use for manufacture, see article 19, para. 1, subpara. (b); and for estimates of additions to special stocks, see article 19, para. 1, subpara. (d).

3 For stock estimates, see article 19, para. 1, subpara. (c).

4 Subparas. (a), (b), (d) and (e) of the paragraph under consideration.

5 Subparas. (b) and (c) of the paragraph under consideration.

6 Records, vol. 11, p. 287, foot-note 38.

7 Schedule 1.

8 See above, comments on article 19, para. 1, subpara. (b) and on article 20, para. 1, subpara. (a).

9 See above, comments on article 20, para. 1, subpara. (d); see also these comments as regards the computation of the pure drug content in opium preparations (including medicinal opium), extracts and tinctures of opium, coca leaf and cannabis and other coca leaf preparations; see also instructions 3 and 4 of forms C/S (4th edition, November 1969) and A/S (5th edition, November 1969) of the Board.

10 See above, comments on article 1, para. 1, subparas. (w) and (x), article 12, p ara. 4, article 13, para. 4 and article 20, para. 4.

11 See above, comments on article 19, para. 3.

12 See also document E/CN.7/484/Rev.1, para. 88.

Paragraph 2

2. From the sum of the quantities specified in paragraph 1 there shall be deducted any quantity that has been seized and released for licit use, as well as any quantity taken from special stocks for the requirements of the civilian population.

Commentary

1. While the deductions of paragraph 2 must be subtracted by the Governments concerned from the manufacturing and import limits of the year in which seized drugs are released for licit use or the withdrawal from "special stocks" for the requirements of the civilian population takes place, the amounts manufactured and imported in a given year in excess of the limits for that year are deducted under paragraph 3 by the Board from the limits for the following year.

2. The amounts of seized drugs released for licit use are generally of very little importance, 1 although the Single Convention, unlike earlier treaties, 2 does not impose any restrictions on such release. The seized drugs released must be subtracted from the limits set for the year in which the release occurs, no matter in what year they were seized. The Board requires Governments to report in their annual statistics the amounts of seized drugs released for licit use in the year in question. 3 Not only drugs released to commercial outlets, but also those handed over to non-profit distributors, are to be deducted in accordance with paragraph 2. 4 For the meaning of the words "any quantity taken from special stocks for the requirements of the civilian population", see above, comments on article 20, paragraph 4. 5

3. See also comments on article 19, paragraph 2.

4. For corresponding provisions of earlier treaties, see article 7, first paragraph, subparagraph (ii) of the 1931 Convention.

1 See, e.g. table IX of document E/INCB/7 (United Nations publication, Sales No. E.69.X1.10), giving data for 1968. This table shows that only seized opium was released in significant amounts. Argentina released 20 tons of seized coca leaves, apparently for still authorized chewing.

2 Article 18 of the Convention and article 7 of the 1953 Protocol.

3 Form C/S (4th edition, November 1969), table 11, column F (p. 8); see also above, comments on article 20, para. 1, subpara. (e).

4 The French text employs the phrase "mise sur le marche licite" while the English version reads "released for licit use" and the Spanish version "entregada para usos licitos"; the exclusion from the deduction of the quantities handed over to nonprofit distributors would not be in accordance with the purpose of para. 2.

5 See also form C/S, table 11, column D. p. 8.

Paragraph 3

3. If the Board finds that the quantity manufactured and imported in any one year exceeds the sum of the quantities specified in paragraph 1, less any deductions required under paragraph 2 of this article, any excess so established and remaining at the end of the year shall, in the following year, be deducted from the quantity to be manufactured or imported and from the total of the estimates as defined in paragraph 2 of article 19.

Commentary

1. It has been mentioned above in the comments on article 21, paragraph 1 that even a country or territory which correctly applies the provisions of the Single Convention may exceed its manufacturing and import limits computed pursuant to paragraphs 1 and 2. This may sometimes be unavoidable, since Governments have to work within limits which cannot be ascertained with exactness until the end of the year in question. 1

2. The Board is not required to deduct all manufacturing and import excesses established under the rules of paragraphs 1 and 2, but only those quantities which, as a result of excessive manufacture or import or both, remain at the end of the year, that is, which are actually in stock in the country or territory concerned at that time. Amounts which were manufactured and imported in excess of the limits, but were used up by a consumption which was higher than foreseen in the consumption estimates pursuant to article 19, paragraph 1, subparagraph (a), 2 do not "remain", i.e. are not in stock at the end of the year. This may also be the case if larger quantities of drugs than foreseen in the estimates under article 19, paragraph 1, subparagraph (b) 3 were used for the manufacture of other drugs, of substances not covered by the Single Convention, or of preparations in Schedule IIl. The manufacture and import of the drugs employed for this purpose may have been in excess of the limits of article 21, paragraphs 1 and 2. 4

3. The Board has decided to consider as excess manufacture and import the amount by which the stocks existing at the end of a given year are greater than the estimates, pursuant to article 19, paragraph 1, subparagraph (c), of the stocks to be held at the end of the same year; but in order not to complicate the task of Governments, the Board deducts under paragraph 3 only that part of the excess which is not needed to bring the existing stocks to the estimated level for the end of the following year. The Board therefore does not deduct any amount which would be equal to or smaller than the quantity needed to bring the actual stocks at the end of the year in which the excessive manufacture and import occurred to the level of stocks to be held at the end of the following year according to the stock estimates of the country or territory concerned in accordance with article 19, paragraph 1, subparagraph (c). The quantity deducted under paragraph 3 is therefore not greater than the amount which should be deducted from existing stocks at the end of a given year to reduce them to the estimated level for the following year. 5

4. The Board does not deduct insignificant quantities.

5. The Board can make the deductions, and therefore notify them to Governments, only when it has received the relevant stock statistics under article 20, paragraph l, subparagraph (f), which are due only by 30 June 6 of the year following that in which the excess has occurred. It will not often be able therefore to publish the amounts which it has actually subtracted before it issues the third or even the fourth of the quarterly supplements to its current Annual Statement of the Estimated World Requirements of Narcotic Drugs and Estimates of World Production of Opium. 7 The Board informs, however, by letter each Government of the deductions affecting it as soon as it makes them; but this may not infrequently be rather late or even too late for Governments which must take these deductions into account in calculating the limits within which they should keep their manufacture and imports. They have, however, at their disposal all the data which are required for determining the deductions, and therefore can make the computations themselves in accordance with the rules applied by the Board for this purpose at a sufficiently early moment in order to be able to take the necessary administrative measures, in particular also in order to allocate appropriate quotas to manufacturers and importers; but where there is a discrepancy between the Board's figures and those of the Government concerned, the Board's figures would prevail, since it is the Board which under paragraph 3 is charged with making the deductions.

6. It may be noted that the Single Convention does not contain any provisions which would require Governments to give the reasons for their excessive manufacture and imports when forwarding to the Board their statistical returns showing such a situation. s The Board, however, may request such explanations under article 13, paragraph 3.

7. The deductions under paragraph 3 must be made from the manufacturing and import limits computed pursuant to paragraphs 1 and 2 and from "the total of the estimates as defined in paragraph 2 of article 19". It will be noted that the same deductions from this total are already required by article 19, paragraph 2, defining the phrase "the total of the estimates", and by article 21, paragraph 4, employing this phrase in calculating import limits. No express reference to the deductions is, however, made in article 31, paragraph 1, subparagraph (b) in connexion with the phrase "within the limits of the total of the estimates" used in this subparagraph.

8. The Spanish text uses the words "la cantidad fabricada o importada" for the English words "the quantity manufactured and imported" and for the French words "la quantity fabriquee et importee". As has been stated in the comments on article 21, paragraph 1 in respect to a similar divergence, the meaning of these three language versions is the same. The Board must under paragraph 3 deduct what a country or territory acquires by manufacture or import or both in excess of the limits computed under paragraphs 1 and 2.

9. See also above, comments on article 19, paragraph 2.

10. For corresponding earlier provisions see article 5, paragraph 2, second paragraph and article 6, paragraph 2 of the 1931 Convention.
 

1 See also Commentary on the 1931 Convention, para. 89.

2 See article 21, para. 1, subpara. (a).

3 See also article 21, para. 1, subpara. (b).

4 See also above, comments on article 21, para. 1.

5 Estimated World Requirements, 1970, United Nations publication, Sales No. 69.XI.10, para. 24; see also document E/INCB/W.7 (21 May 1968), para. 12.

6 Article 20, para. 2, subpara. (a).

7 See, e.g. document E/INCB/6/Add.l-4, United Nations publication, Sales Nos. 70.XI.5-8.

8 See, however, article 6, para. 2 of the 1931 Convention.

Paragraph

4. (a) If it appears from the statistical returns on imports or exports (article 20) that the quantity exported to any country or territory exceeds the total of the estimates for that country or territory, as defined in paragraph 2 of article 19, with the addition of the amounts shown to have been exported, and after deduction of any excess as established in paragraph 3 of this article, the Board may notify this fact to States which, in the opinion of the Board, should be so informed;
(b) On receipt of such a notification, Parties shall not during the year in question authorize any further exports of the drug concerned to that country or territory, except:
(i) 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
(ii) In exceptional cases where the export, in the opinion of the government of the exporting country, is essential for the treatment of the sick.

Commentary

1. It will be noted that the Board may, under the conditions of paragraph 4, order the discontinuation of exports of the drug or drugs in question not only to Parties, but also to non-Parties and to territories of Parties to which the Single Convention does not apply in accordance with article 42. The Board may send its notification by which the embargo is put into effect both to Parties and to non-Parties, that is, to "States which, in the opinion of the Board, should be so informed", on the assumption that the non-Parties concerned will co-operate in the Board's efforts to implement the provisions of the Single Convention and in particular article 21, paragraph 4. In formulating in subparagraph (b), introductory clause, the obligation to carry out the Board's decision, the Convention naturally makes reference only to "Parties" as being bound to implement the Board's action. It is theoretically possible that under paragraph 4 a Party may be required, and a non-Party requested, to discontinue the export of the drugs in question to one of its territories from its other territories. 1

2. In contrast to the corresponding provisions of the earlier narcotics treaties, 2 this provision does not require the Board to send its notification to all Parties, but the Board may choose the States, whether Parties or not, which in its opinion should be informed. These States will obviously include those which in the Board's view might make the exports which should be discontinued. Also, while under the earlier provisions the former Permanent Central Board had an obligation to impose the embargo in the case of excessive imports, under the Single Convention it is left to the discretion of the Board whether to do so. In making these two changes, however, the Single Convention only incorporated in law what had already been the practice of the Permanent Central Board before the coming into force of that Convention.

3. The Board's notification should indicate the drug or drugs whose imports have been excessive, the total of the estimates of the country or territory concerned, the total of its exports in the year in question and the amount of the actual excess. 3

4. An embargo imposed under paragraph 4 is in effect only "during the year in question", i.e. during the year in which the Board has made the notification of excessive imports, and in which the country or territory con cerned has exceeded its import limits as defined in subparagraph (a). It ceases in any case on 1 January following that year, when new import limits based on new estimates come into force for the country or territory which was subject to the import embargo.

5. The Board may establish the existence of excessive imports either on the basis of import statistics or of export statistics or of both. Since the quarterly statistical returns on the international trade in narcotic drugs are due only "within one month after the end of the quarter to which they relate", 4 the Board cannot determine the existence of excessive imports in the first three or four months of each year, and is therefore not in a position to apply paragraph 4 during that time. Moreover, the statistical information concerning the fourth quarter reaches the Board only after the end of the year in respect of which the Board may impose an embargo based on those data. Excessive imports occurring in the last three months of the year therefore cannot form the basis of action by the Board under paragraph 4.

6. The Board may apply the provisions of this paragraph to excessive imports of all drugs under international narcotics control, of those in Schedule I as well as of those in Schedule 11, since Governments furnish under the Single Convention quarterly statistical information in respect of all of them. The corresponding provision of the 1931 Convention, 5 however, did not cover drugs in Group 11, c because Governments were not required to furnish quarterly statistics in regard to the international trade in them, but only annual reports 7 which arrived after the end of the year during which the embargo could have been imposed.

7. The quantities of imports which must be exceeded in order to authorize the Board to take action pursuant to the paragraph under consideration will differ from, and often be greater than, the manufacturing and import limit computed in accordance with the three preceding paragraphs.

8. In the first place, the Board under paragraph 4 is not required to deduct the amounts of the drug in question that the importing country or territory has manufactured. 8 This is explained by the fact that the Board receives the manufacturing statistics only after the end of the year during which it could impose the embargo, and during which such a measure would remain in force. Consequently paragraph 4 will remain rather ineffective in regard to a drug which the country or territory involved manufactures itself.

9. Secondly, "the total of the estimates" is the sum of estimated quantities, while the manufacturing and import limits include only the amounts actually used or added to stocks or special stocks within those estimates.

10. Thirdly, the quantities of seized drugs released for licit use or the quantity of drugs taken from "special stocks" for the requirements of the civilian population must under paragraph 2 be deducted from the manufacturing and import limits of the current year in which these measures are taken. They are, however, reported to the Board only after the end of the year to which the total of the estimates to be taken into account under paragraph 4 applies, and therefore cannot be deducted from this total. However, such quantities released in the preceding year may have a bearing on the question whether there has been an excessive import in the following year under paragraph 4, because under paragraph 3 they must be taken into account in determining whether manufacture and import was excessive in the year in which they were released. Such an excess must be deducted from "the total of the estimates" of the subsequent year, that is of the year in respect of which the Board may take the action provided for in paragraph 4.

11. Fourthly, the manufacturing and import excess which occurred in the preceding year, and which under paragraph 4 9 must be deducted by the Board from the total of the estimates of the following year, is not known to the Board before it receives all the data required for the computation of this excess. Most of these figures do not reach the Board before 30 June 1° of the year in respect of which the Board must make the deduction for the purpose of determining excessive imports under paragraph 4.

12. Finally, for the purpose of determining the manufacturing and import limit under paragraph 1, the exports effected by the country or territory concerned during the entire year are to be taken into account, while under paragraph 4 the Board can add to the import limit of the country or territory in question only those exports which have already taken place and have been reported to the Board at the time when it determines whether there have been excessive imports. 11

13. Cutting off medical supplies is a very serious matter, since it may endanger the treatment of the sick. This is the reason why the Board does not apply article 21, paragraph 4 in case of minor import excesses, and why the Permanent Central Board, its predecessor in this matter, chose in many cases not to apply the corresponding provisions of article 14, paragraph 2 of the 1931 Convention and of article 8, paragraph 11 of the 1953 Protocol, despite their mandatory character. This is also the reason why a Party is authorized not to carry out the Board's decision to discontinue exports of drugs to the country or territory in question in exceptional cases where the export is, in its opinion, essential for the treatment of the sick. 12 As long as a Party makes use of this authority in good faith its opinion about the need of the drugs for the treatment of the sick cannot be questioned.

14. Moreover, a country or territory which is subject to an embargo under paragraph 4 can at any time raise its import limits, and thus end the embargo, by furnishing to the Board supplementary estimates in respect of the excess import and of additional quantities which it requires. 13 The country or territory may call the attention of the Board to the urgency of the matter, and request the Board to inform immediately the exporting States concerned of the end of the embargo. 14 It will be recalled that the embargo would in any event cease to be in force on 1 January following the year in which it has been imposed.

15. It must be emphasized that the embargo of article 21, paragraph 4 does not have a punitive character. It may be imposed even if the import excess is not due to any failure of the Government concerned to comply with provisions of the Single Convention, for example, if supplementary estimates which are sent by that Government to the Board in order to raise the limit of the importing country or territory are lost in the mail.

16. In contradistinction to the embargo of article 14, paragraph 2, which has only the character of a recommendation, that of article 21, paragraph 4 is mandatory, that is, Parties which are notified by the Board must carry it out. It may be imposed only in respect of drugs whose imports have been excessive, while the embargo of article 14, paragraph 2 can be recommended even in regard to drugs in respect of which there has been no failure to comply with provisions of the Single Convention. Under article 21, paragraph 4, the Board can only stop exports to the country or territory against which it acts, while under article 14, paragraph 2 it may recommend the discontinuation of exports to or imports from the offending country or territory, or both.

17. See also above, general comments on article 14 and comments on article 14, paragraph 1, subparagraph (a) and paragraph 2; see also comments on article 19, paragraph 2 and article 21, paragraph 3.

18. In view of the fact that article 21, paragraph 4, does not have any punitive character and involves mainly mathematical calculations, there can hardly be any objection to the Board authorizing its secretariat to implement this provision while the Board is not in session, provided that the decision to delegate this authority is unanimously adopted.
 

1 See also above, comments on article 14, para. 1, subpara. (a) and para. 2.

2 Article 14, para. 2 of the 1931 Convention and article 8, para. 11 of the 1953 Protocol.

3 See also Commentary on the 1931 Convention, para. 150.

4 Article 20, para. 2, subpara. (b).

5 Article 14, para. 2.

6 Of that Convention or of the 1948 Protocol; it will be recalled that the legal position of drugs in this Group corresponds in general to that of drugs in Schedule II of the Single Convention.

7Article 13, para. 2, subpara. (c), clause (i) of the 1931 Convention.

8 Article 21, para. 3.

9 Article 21, paras. 3 and 4; see also article 19, para. 2.

10 Article 20, paras. 1 and 2; article 21, paras. 1 and 2.

11 Under para. 4 of article 21 of the Single Convention, only actual exports to the country or territory in excess of its import limits are counted, and not those which have only been authorized but not yet carried out, as was done under article 14, para. 2 of the 1931 Convention. The International Narcotics Control Board does not receive information on export authorizations, as the Permanent Central Board did on some of them pursuant to article 14, para. 1 of the 1931 Convention. Article 8, para. 11 of the 1953 Protocol also does not provide for counting authorized exports.

12 Article 21, para. 4, subpara. (b), clause (ii); see also article 14, para. 2, subpara. (ii) of the 1931 Convention and article 8, para. 11, subpara. (b) of the 1953 Protocol. The word "country" in article 21, para. 4, subpara. (b), clause (ii) is in this context equivalent to "Party". The exports of a non-Party would also be justified in such a situation and could not be considered as non-compliance with provisions of the Single Convention under article 13, para. 2 and article 14, para. 1, subpara. (a).

13 Article 21, para. 4, subpara. (b), clause (i); see also article 14, para. 2, subpara. (i) of the 1931 Convention and article 8, para. 11, subpara. (a) of the 1953 Protocol.

14 See above, comments on article 19, para. 3.