Article 3 Special provisions regarding the control of preparations

Geldend

Documentgegevens:

Geldend vanaf 16-08-1976

Bronpublicatie:: 21-02-1971, Trb. 1989, 129 (uitgifte: 04-10-1989, kamerstukken/regelingnummer: -)
Inwerkingtreding: 16-08-1976
Bronpublicatie inwerkingtreding:: 21-02-1971, Trb. 1989, 129 (uitgifte: 04-10-1989, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Bijzondere onderwerpen

1.

Except as provided in the following paragraphs of this article, a preparation is subject to the same measures of control as the psychotropic substance which it contains, and, if it contains more than one such substance, to the measures applicable to the most strictly controlled of those substances.

2.

If a preparation containing a psychotropic substance other than a substance in Schedule I is compounded in such a way that it presents no, or a negligible, risk of abuse and the substance cannot be recovered by readily applicable means in a quantity liable to abuse, so that the preparation does not give rise to a public health and social problem, the preparation may be exempted from certain of the measures of control provided in this Convention in accordance with paragraph 3.

3.

If a Party makes a finding under the preceding paragraph regarding a preparation, it may decide to exempt the preparation, in its country or in one of its regions, from any or all of the measures of control provided in this Convention except the requirements of:

a): article 8 (licences), as it applies to manufacture;
b): article 11 (records), as it applies to exempt preparations;
c): article 13 (prohibition of and restrictions on export and import);
d): article 15 (inspection), as it applies to manufacture;
e): article 16 (reports to be furnished by the Parties), as it applies to exempt preparations; and
f): article 22 (penal provisions), to the extent necessary for the repression of acts contrary to laws or regulations adopted persuant to the foregoing obligations.

A Party shall notify the Secretary-General of any such decision, of the name and composition of the exempt preparation, and of the measures of control from which it is exempted. The Secretary-General shall transmit the notification to the other Parties, to the World Health Organization and to the Board.

4.

If a Party of the World Health Organization has information regarding a preparation exempted pursuant to paragraph 3 which in its opinion may require the termination, in whole of in part, of the exemption, it shall notify the Secretary-General and furnish him with the information in support of the notification. The Secretary-General shall transmit such notification, and any information which he considers relevant, to the Parties, to the Commission and, when the notification is made by a Party, to the World Health Organization. The World Health Organization shall communicate to the Commission an assessment of the preparation in relation to the matters specified in paragraph 2, together with a recommendation of the control measures, if any, from which the preparation should cease to be exempted. The Commission, taking into account the communication from the World Health Organization, whose assessment shall be determinative as to medical and scientific matters, and bearing in mind the economic, social, legal, administrative and other factors it may consider relevant, may decide to terminate the exemption of the preparation from any or all control measures. Any decision of the Commission taken pursuant to this paragraph shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to this Convention, to the World Health Organization and to the Board. All Parties shall take measures to terminate the exemption form[lees: from] the control measure or measures in question within 180 days of the date of the Secretary-General's communication.