Article 27
ADDITIONAL PROVISIONS RELATING TO COCA LEAVES
Paragraph I
1. The Parties may permit the use of coca leaves for the preparation of a flavouring agent, which shall not contain any alkaloids, and, to the extent necessary for such use, may permit the production, import, export, trade in and possession of such leaves.
Commentary
1. The production, import and export of, trade in, possession and use of coca
leaves for the preparation of a flavouring substance represent a permanent
exception from the general requirement of article 4, paragraph (c) that Parties
must limit these activities regarding drugs and manufacture of drugs exclusively
to medical and scientific purposes. 1 The coca leaf, being listed in Schedule 1,
is a "drug" within the meaning of the Single Convention. z The flavouring
substance extracted from the leaves must not contain any alkaloids. Parties have
to take all measures necessary to ensure that alkaloids obtained in the process
of making the flavouring agent are either destroyed or used exclusively for
medical and scientific purposes. The leaves, that is, the material remaining
after the making of the flavouring agent, are freed from the control of the
Single Convention if all the alkaloids which they contained have been removed,
since they cease to be "coca leaves", 3 and consequently to be "drugs" in the
sense of the Convention. If, however, they retain a part of their alkaloids,
they continue to be "coca leaves", and therefore to be subject to the provisions
of the Single Convention governing drugs listed in Schedule I.
2. The exemption from the general rule of article 4, paragraph (c) of production of, domestic and international trade in, and possession of coca leaves is, however, authorized only "to the extent necessary for such use", i.e. for the making of the flavouring agent. It is submitted that this may mean that no greater quantities should be produced or traded for the preparation of the flavouring agent than would be needed for that purpose. This limitation, however, seems to be of little if any practical importance. The cultivator of the coca bush will generally not know whether his product will be used for the extraction of the flavouring substance when he collects his crop of leaves. The Single Convention does not prohibit the use of coca leaves for a legitimate purpose different from that for which they were produced or traded. It may, however, be mentioned in this connexion that not all varieties of coca leaves are suitable for the preparation of the flavouring agent which is in use at the time of this writing.
1 See above, comments on article 26; for another permanent exception see article
2, para. 9; for temporary exceptions see article 49.
2 Article 1, para. 1, subpara. (j).
3 Article l, para. 1, subpara. (f).
Paragraph 2
2. The Parties shall furnish separately estimates (article 19) and statistical information (article 20) in respect of coca leaves for preparation of the flavouring agent, except to the extent that the same coca leaves are used for the extraction of alkaloids and the flavouring agent, and so explained in the estimates and statistical information.
Commentary
1. Paragraph 2 does not state which of the data mentioned in articles 19 and
20, Parties must furnish separately in respect of coca leaves used only for the
preparation of the flavouring agent, and not also for the extraction of
alkaloids. It is submitted that Parties should furnish an estimate of their
requirements of coca leaves to be utilized for the manufacture of the flavouring
agent 1 in order to increase by this amount the quantity of coca leaves which
they may import in the year in question. 2 The provisions of article 19,
paragraph l, subparagraphs (a) 3 and (d) ° are in any event not applicable to
such
a situation. It is, however, also suggested that there is no need for separate
estimates of the amount of coca leaves to be held in stock exclusively for the
preparation of the flavouring agent. 5 Stocks of coca leaves originally held
only for flavouring purposes may later be used for the extraction of alkaloids,
or for both purposes. It would be impractical, and it is in any case unnecessary
for the working of the accounting system of the Single Convention, to furnish
separate estimates for the two stocks to be held for each of the two purposes.
In fact, the only separate estimate which the Board at the time of this writing
requires Governments to furnish in respect of coca leaves to be used only for
the manufacture of the flavouring agent is that of the quantity to be utilized
exclusively for this purpose, and not also for the extraction of alkaloids. 6
2. It is moreover submitted that the only separate statistical figures which
the Board needs in regard to coca leaves used only for the flavouring substance
are those concerning the quantity utilized exclusively for this pur pose. 7 Here
again, the purpose for which coca leaves are originally imported or exported 8
or held in stock s or for which seized 10 coca leaves may be first intended may
be different from that for which they are finally used. It would therefore be
impractical to furnish separate import, export, stock and seizure figures for
coca leaves to be used exclusively for the manufacture of the flavouring
substance, on the one hand, and, on the other hand, for coca leaves which are to
be used for the extraction of alkaloids or for both purposes. The Board does not
need these separate figures for its administration of the accounting system of
the Single Convention. It must, however, know the quantity of coca leaves used
exclusively for the preparation of the flavouring substance in order to be able
to deduct this amount from the quantity of leaves available to the Party by
production, 11 import or seizure, and thus to calculate the remainder which is
used for manufacture of alkaloids, consumption, export or maintenance of stocks.
The Board receives figures on these various ways
of acquisition and use of coca leaves. 11 It must review the correctness of
these data under the terms of the Convention, 12 and knowledge of the quantity
of leaves used exclusively for the preparation of the flavouring substance is
essential for this purpose. The only separate statistical information which at
the time of this writing the Board therefore requires Governments to furnish in
respect of coca leaves used exclusively for the flavouring substance is that
regarding the quantity utilized for this end. 13
3. The provisions of article 20, paragraph 1, subparagraphs (a) 14 and (c) 15 are of course not applicable to the conditions of use of coca leaves exclusively for the preparation of the flavouring agent, with which article 27, paragraph 2 deals.
4. As regards coca leaves to be used, or in fact used, for both purposes, the extraction of alkaloids as well as the preparation of the flavouring agent, the Board asks 16 Governments to indicate such double use in the estimates of their requirements of coca leaves to be utilized for the manufacture of alkaloids, i.e. of "other drugs", 17 and in the statistical information which they must supply on such actual use. 18 The Board makes this request in order to implement the express provision of article 27, paragraph 2 which requires this explanation.
5. Contrary to the situation which existed before World War II and in the early years after that war, coca leaves are at the time of this writing rarely if ever used exclusively for preparing the flavouring agent.
6. See also above, comments on article 19, paragraph 1, subparagraph (b) and on article 20, paragraph 1, subparagraph (b).
1 Article 19, para. 1, subpara. (b).
2 Article 21, para. 1.
3 Estimates of quantities of drugs to be consumed for medical and scientific purposes.
4Estimates of the quantities of drugs necessary for addition to "special stocks" (article 1, para. 1, subpara. (w)).
5 Article 19, para. 1, subpara. (c).
6 Form B/S (6th edition, March 1970) of the Board, foot-note (d) on page 5 relating to column 2 (c) of the entry "Coca leaf and its preparations" on page 4.
7 Article 20, para. 1, subpara. (b).
8 Article 20, para. 1, subpara. (d).
9 Article 20, para. 1, subpara. (f).
10 Article 20, para. 1, subpara. (e).
11 Article 20, para. 1.
12 Article 13, paras. 2 and 3, and article 21, paras. 1 to 3.
13 Article 20, para. 1, subpara. (b); form C/S (4th edition, November 1969) of the Board, foot-note (j) on page 7 relating to column C3 of table 1, entry "Coca leaf" on page 4.
14 Statistical data on production or manufacture of drugs.
15 Statistical data on consumption of drugs.
16 See above, references in foot-notes 6 and 13.
17 Article 19, para. 1, subpara. (b).
18 Article 20, para. 1, subpara. (b).