roadmaps to reforming the un drug conventions - Beckley Foundation

(c) Require that licensed manufacturers of drugs obtain periodical permits specifying thekinds and amounts of drugs which they shall be entitled to manufacture. A periodicalpermit, however, need not be required for preparations.3. The Parties shall prevent the accumulation, in the possession of drug manufacturers,of quantities of drugs and poppy straw in excess of those required for the normalconduct of business, having regard to the prevailing market conditions.3.7 Article 30Article 30 of the 1961 Convention imposes substantially the same requirements withrespect to domestic trade and distribution of drugs as Article 8 of the 1971 Conventionimposes on the trade and distribution of psychotropic substances, and should, therefore,be retained.However, the general phrase ‘or other similar control measure’ should be added tosubparagraph (1)(a) of Article 30, and the qualifying phrase ‘duly authorised’ should beadded to subparagraph 1(b)(i), for the same reasons as in relation to Article 29.The 1971 Commentary explains that the phrase ‘duly authorised’ in Article 1(2)(a) coverspersons authorised to perform therapeutic and scientific functions as referred to inArticle 8(3), as well as persons licensed to undertake manufacture, trade in ordistribution of Schedule II, III and IV substances under Article 8(1). Accordingly, ‘dulyauthorised’ persons and enterprises under the amended Article 30 would refer topersons and enterprises licensed to trade in and distribute drugs under paragraph 1(a)of that article, and persons duly authorised to perform therapeutic or scientificfunctions, as referred to in paragraph 1(c).The 1971 Commentary explains that Article 8(3) exempts persons duly authorised toperform therapeutic and scientific functions from paragraphs 1 and 2 of Article 8, butonly as the provisions relate to licensing or other control measures. Therefore, Article8(3) exempts such persons from paragraph 1 and subparagraphs (b) and (c) ofparagraph 2, but not from subparagraph (a) of paragraph 2, which does not refer tolicensing or other control measures. The Commentary suggests that Parties would berequired to ensure that medical practitioners and scientists take reasonable measures toprevent diversion of their supplies of Schedules II, II or IV substances in order to fulfiltheir obligation to ‘control’ such persons. 92 The same reasoning would apply in relationto Article 30 of the 1961 Convention.Subparagraph 2(a) of Article 30, which requires Parties to prevent the accumulation bydrug traders, distributors, State enterprises or duly authorised persons of drugs andpoppy straw in excess of quantities required for the normal conduct of business, shouldalso be removed, as there is no corresponding requirement in the 1971 Convention.921971 Commentary, p. 173.65