Article 45

TRANSITIONAL PROVISIONS

1. The functions of the Board provided for in article 9 shall, as from the date of the coming into force of this Convention (article 41, paragraph 1), be provisionally carried out by the Permanent Central Board constituted under chapter VI of the Convention referred to in article 44 (c) as amended, and by the Supervisory Body constituted under chapter II of the Convention referred to in article 44 (d) as amended, as such functions may respectively require.

2. The Council shall fix the date on which the new Board referred to in article 9 shall enter upon its duties. As from that date that Board shall, with respect to the States Parties to the treaties enumerated in article 44 which are not Parties to this Convention, undertake the functions of the Permanent Central Board and of the Supervisory Body referred to in paragraph 1.

Commentary

1. The Economic and Social Council, by its resolution 1106 (XL) adopted on 4 March 1966, decided on 2 March 1968 as the date on which the new Board referred to in article 9, that is, the International Narcotics Control Board, 1 should enter upon its duties.

2. No State not a party to the Single Convention but Party to any of the earlier narcotics treaties 2 providing for functions of the Permanent Central Board and Drug Supervisory Body has objected to the International Narcotics Control Board's taking over the functions of the Permanent Central Board and Supervisory Body in accordance with article 45, paragraph 2. 3

3. See also comments on article l, paragraph 1, subparagraph (a) and on article 5.

4. The "Supervisory Body" established by chapter II (article 5, paragraph 6) of the 1931 Convention referred to itself as "Drug Supervisory Body", and was also generally called by this name to indicate the nature of its func tions. The 1946 Protocol replaced the organs of the League of Nations, which appointed the members of the Permanent Central Board and Supervisory Body, by organs of the United Nations system. 4

1 Article 1, para. 1, subpara. (a).

2 The 1925 and 1931 Conventions and the Protocols of 1946, 1948 and 1953.

3 The Legal Adviser of the Plenipotentiary Conference also pointed out that the authority of the International Narcotics Control Board to carry out in regard to nonparties to the Single Convention the functions of the Permanent Central Board and Drug Supervisory Body in accordance with article 45, para. 2, could probably also be based on the reasons of the advisory opinion given by the International Court of Justice on the International Status of South-West Africa (International Status of South-West Africa, Advisory Opinion: ICJ Reports 1950, p. 128); Records, vol. I, p. 174.

4 Parts 2 and 3 of the Annex to the 1946 Protocol.