roadmaps to reforming the un drug conventions - Beckley Foundation

the export of drugs to a country or territory except within the limits of the total of theestimates for that country or territory. 130Paragraph 1 of Article 20 provides that the INCB must supply forms to Parties on whichthe statistical returns are to be provided. Current statistical return forms require specificinformation about more than 50 different drugs. 131 According to the 1961 Commentary,the INCB also has an implied right to request statistical returns from non-Parties to theConvention. 132As with ‘consumed’ in Article 19, ‘consumption’ in subparagraph (1)(c) of Article 20 hasthe specific meaning given in Article 1(2) – supply to a person or enterprise for retaildistribution, medical use or scientific research.Similar obligations to furnish statistical returns in respect of psychotropic substances areimposed on Parties by Article 16(4) of the 1971 Convention.4.8.2 Option 2 – changes to Article 20As discussed above and below, it is proposed that Article 19 should be amended torequire Parties to furnish separate estimates for medical/scientific markets, and nonmedical/non-scientificmarkets in drugs, and that Article 21 should be amended torequire non–medical or scientific use, consumption and additions to stocks of drugs tobe taken into account in determining manufacture and import limits. Therefore, toensure that statistical returns would continue to enable assessment of whether estimateshave been exceeded and determination of manufacture and import limits, and tofacilitate monitoring of non-medical/non-scientific markets in drugs, as well asmedical/scientific markets, it is also proposed that Article 20(1) should be amended torequire Parties to furnish separate statistical returns in respect of production,manufacture, use and consumption of drugs for medical or scientific purposes, as wellas for non-medical and non-scientific purposes.Article 20(1) does not specify that statistical returns are only required in respect ofproduction, manufacture, use and consumption of drugs for medical or scientificpurposes; however, this is the case by virtue of Article 4(c), because only medical orscientific production, manufacture, use and consumption of drugs is permitted. Theremoval of Article 4(c) from the Convention would mean that the requirements inArticle 20(1) for provision of statistical returns would extend to non-medical and nonscientificproduction, manufacture, use and consumption of drugs, without amendmentof the provision. However, Article 20(1) should be directly amended to make it clear that1301961 Commentary, p. 243.131International Narcotics Control Board. Form C, Annual statistics on production, manufacture,consumption, stocks and seizures of narcotic drugs.http://www.incb.org/pdf/forms/form_c/Form_C_14edition_09/Form_C_14_1209_English.pdf(accessed 8 July, 2012).1321961 Commentary, p. 244.105