roadmaps to reforming the un drug conventions - Beckley Foundation

prohibition in Article 31(1)(b) against Parties knowingly permitting the export of drugsto a country or territory beyond its total of estimates.The changes to the system proposed under this approach would mean that the estimateand statistical return requirements would continue to enable the INCB to monitorcountries’ and territories’ medical and scientific drug requirements, and assist the INCBto ensure an adequate supply of drugs for these purposes. In addition, theserequirements, and the limits on manufacture and import, would enable the INCB tomonitor the supply and consumption of drugs for licit non-medical and non-scientificpurposes, as well as medical and scientific purposes, and assist the INCB to preventover-supply to both markets. This approach would also be consistent with the existingrequirement for estimates to be furnished in respect of the use of coca leaf as aflavouring agent, and the previous requirement for estimates to be furnished in respectof permitted non-medical and quasi-medical use of drugs, as discussed above.To change the estimate system in the manner proposed, Article 19(1) would need to beamended to specify that separate estimates must be furnished in respect of the quantitiesset out in subparagraphs (a) (b), (c) and (f) and (h) of that article for both medical andscientific purposes, and for other purposes. This would have the effect of ensuring thatthe totals of the estimates calculated under Article 19(2) would be based on medical andscientific estimates and non-medical and non-scientific estimates, without the need fordirect amendment of that provision, as Article 19(2) currently requires the totals ofestimates to be based on the estimates set out in subparagraphs (a) (b), (c), (d) (f) and (h).Subparagraph (d) requires estimates of quantities of drugs needed for special stocks,which are amounts held by governments for special government purposes (including,particularly, military purposes) and exceptional circumstances (e.g. large-scaleepidemics and earthquakes). 129 It is likely that all purposes for which special stocks maybe used would be medical or scientific.Unlike subparagraph (a) of Article 19(1), subparagraphs (b), (c), (f) and (h) as currentlydrafted, do not specify that estimates are only required in respect of medical or scientificpurposes. However, this is clearly the case as, by virtue of Article 4(c), only medical orscientific use of drugs is permitted. The removal of Article 4(c) from the Convention asproposed under Option 2 would mean that the required estimates in thesesubparagraphs would extend to non-medical and non-scientific purposes, withoutamendment of the provision. However, it is proposed that the subparagraphs should bedirectly amended to make it clear that separate estimates would be required for medicaland scientific purposes, and for other purposes, rather than aggregate estimates for allpurposes.In addition, as discussed in more detail above, the definition of ‘stocks’ in Article 1(1)(x)would need to be amended to remove its current limitation to amounts held forconsumption for ‘medical and scientific purposes’, and the definition of ‘consumed’ in1291961 Convention, article 1(1)(w); 1961 Commentary, pp. 32–33.102