Notice pursuant to Article 19(2) of Council Regulation (EC) No 732/2008 of the termination of an investigation with respect to the effective implementation of the United Nations Single Convention on Narcotic Drugs in Bolivia
Date: 2013-03-19
Institutions: European Commission
Subjects: Bolivia, UN convention, application of EU law, drug traffic, international cooperation, narcotic, research programme, tariff preference








C_2013080EN.01001401.xml










19.3.2013   


EN


Official Journal of the European Union


C 80/14





Notice pursuant to Article 19(2) of Council Regulation (EC) No 732/2008 of the termination of an investigation with respect to the effective implementation of the United Nations Single Convention on Narcotic Drugs in Bolivia
2013/C 80/07
On 20 March 2012, the Commission published the Commission Implementing Decision 2012/161/EU (1), providing for the initiation of an investigation in order to analyse the effects of the denunciation by the Plurinational State of Bolivia (hereinafter ‘Bolivia’) of the United Nations Single Convention on Narcotic Drugs (‘the UN Single Convention’ or ‘the Convention’) and whether that legislation is effectively implemented. The scope of the investigation was to determine whether the special incentive arrangement for sustainable development and good governance (‘the GSP+ tariff preferences’) which is granted to Bolivia according to Article 8 of the Council Regulation (EC) No 732/2008 (2) applying a scheme of generalised tariff preferences (‘the GSP Regulation’) should be withdrawn, according to the provisions that are contained in Article 15(2) of the Regulation.
The investigation was initiated following the Bolivian deposition with the Secretary-General of the United Nations of an instrument of denunciation of the UN Single Convention on Narcotic Drugs, on 29 June 2011. The denunciation took effect on 1 January 2012. On 29 December 2011, the Government of Bolivia requested the UN Secretary-General to re-accede to the UN Single Convention with a reservation which would allow in that country the traditional coca-leaf chewing, the consumption and use of the coca leaf in its natural state for cultural and medicinal purposes; its use in infusions; the cultivation, trade and possession of the coca leaf to the extent necessary for these licit purposes. The Convention's rules establish that, unless one third of the 183 government parties to the Convention had objected by 10 January 2013, this request would be accepted.
The Commission found that by 10 January 2013, the Bolivian instrument of re-accession had been opposed by just 15 government parties to the UN Single Convention. Therefore, Bolivia has re-acceded the Convention. The Convention has entered into force for Bolivia on 10 February 2013.
The Commission verified whether the Bolivian authorities had modified their legislation and practice towards illicit drugs after the denunciation of the Convention and if this led to a situation where the legislation was not effectively implemented. To this end, the Commission sent to the Bolivian Government a questionnaire. The Government of Bolivia provided an answer to the abovementioned questionnaire in good time. The Commission analysed the content of that response and transmitted to the Government of Bolivia a request for further clarification of certain elements of the response. Bolivia provided in good time an answer with the clarifications requested.
The Commission also took into account other relevant information, and in particular the last available reports of the relevant international bodies (International Narcotics Control Board (INCB) and United Nations Office on Drugs and Crime (UNODC)).
The investigation revealed that rules and obligations under national law remained substantially unchanged after 29 June 2011. Bolivia has in place a system of internal legislation and international cooperation which are linked to the relevant international rules on fight to the production, trade and use of illicit drugs. None of the elements of this system has undergone any change after the denunciation of the UN Single Convention. The Bolivian legislation thus continues to incorporate the provisions of the Convention in line with Article 15(2).
The investigation also revealed that, pursuant to the denunciation of the Convention, there had been no weakening in the effective implementation of the legal provisions in force. Thus, Bolivia continued to effectively implement the relevant legislation.
On the basis of those elements, pursuant to Article 19(2) of the GSP Regulation the Commission decided in accordance with the procedure referred to in Article 27(5) of that Regulation that the findings of the investigation do not justify temporary withdrawal of GSP+ tariff preferences for Bolivia and therefore to terminate the investigation. It should be also recalled that in accordance with Article 8(3) of the GSP Regulation, the Commission is to continue to monitor the developments with respect to the status of ratification and the effective implementation of the UN Single Convention in Bolivia and react to them in accordance with the procedures available under the GSP Regulation, including, if necessary, by opening a new investigation on this issue.


(1)  OJ L 80, 20.3.2012, p. 30.

(2)  OJ L 211, 6.8.2008, p. 1.