Article 49 Transitional reservations

Geldend

Documentgegevens:

Geldend vanaf 13-12-1964

Bronpublicatie:: 30-03-1961, Trb. 1962, 30 (uitgifte: 12-04-1962, kamerstukken/regelingnummer: -)
Inwerkingtreding: 13-12-1964
Bronpublicatie inwerkingtreding:: 13-08-1965, Trb. 1965, 136 (uitgifte: 13-08-1965, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Bijzondere onderwerpen

1.

A Party may at the time of signature, ratification or accession reserve the right to permit temporarily in any one of its territories:

(a): The quasi-medical use of opium;
(b): Opium smoking;
(c): Coca leaf chewing;
(d): The use of cannabis, cannabis resin, extracts and tinctures of cannabis for non-medical purposes; and
(e): The production and manufacture of and trade in the drugs referred to under (a) to (d) for the purposes mentioned therein.

2.

The reservations under paragraph 1 shall be subject to the following restrictions:

(a): The activities mentioned in paragraph 1 may be authorized only to the extent that they were traditional in the territories in respect of which the reservation is made, and were there permitted on 1 January 1961.
(b): No export of the drugs referred to in paragraph 1 for the purposes mentioned therein may be permitted to a non-party or to a territory to which this Convention does not apply under article 42.
(c): Only such persons may be permitted to smoke opium as were registered by the competent authorities to this effect on 1 January 1964.
(d): The quasi-medical use of opium must be abolished within 15 years from the coming into force of this Convention as provided in paragraph 1 of article 41.
(e): Coca leaf chewing must be abolished within twenty-five years from the coming into force of this Convention as provided in paragraph 1 of article 41.
(f): The use of cannabis for other than medical and scientific purposes must be discontinued as soon as possible but in any case within twenty-five years from the coming into force of this Convention as provided in paragraph 1 of article 41.
(g): The production and manufacture of and trade in the drugs referred to in paragraph 1 for any of the uses mentioned therein must be reduced and finally abolished simultaneously with the reduction and abolition of such uses.

3.

A Party making a reservation under paragraph 1 shall:

(a): Include in the annual report to be furnished to the Secretary-General, in accordance with article 18, paragraph 1(a), an account of the progress made in the preceding year towards the abolition of the use, production, manufacture or trade referred to under paragraph 1; and
(b): Furnish to the Board separate estimates ( article 19) and statistical returns ( article 20) in respect of the reserved activities in the manner and form prescribed by the Board.

4

(a)

If a Party which makes a reservation under paragraph 1 fails to furnish:

(i): The report referred to in paragraph 3 (a) within six months after the end of the year to which the information relates;
(ii): The estimates referred to in paragraph 3(b) within three months after the date fixed for that purpose by the Board in accordance with article 12, paragraph 1;
(iii): The statistics referred to in paragraph 3(b) within three months after the date on which they are due in accordance with article 20, paragraph 2,

the Board or the Secretary-General, as the case may be, shall send to the Party concerned a notification of the delay, and shall request such information within a period of three months after the receipt of that notification.

(b)

If the Party fails to comply within this period with the request of the Board or the Secretary-General, the reservation in question made under paragraph 1 shall cease to be effective.

5.

A State which has made reservations may at any time by notification in writing withdraw all or part of its reservations.