CELEX: 51989PC0026
Language: en
Date: 1989-01-26
Title: Proposal for a COUNCIL DECISION OF THE UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONCLUDED IN VIENNA ON 20 DECEMBER 1988 (presented by the Commission)

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COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 26
Vol. 1989/0010
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM ( 89 ) 26   final
                                                           Brussels , 26 January 1989
                               Proposai for a
                              COUNCIL DECISION
      OF THE UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC
     IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONCLUDED IN
                           VIENNA ON 20 DECEMBER 1988
                 ( presented by the Commission )
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 ---pagebreak---                              EXPLANATORY MEMORANDUM
1 . UN General Assembly Resolution 39 / 141 of 14 December 1984 called on the
Economic and SociaL Council ( ECOSOC ) to ask the Commission on Narcotic Drugs
to begin work as a matter of urgency , on a draft convention against the illicit
trafficking of narcotic drugs covering all aspects of the problem , with
particular reference to those not dealt with in existing international
instruments .
2 . The UN Secretary-General accordingly drew up the preliminary draft of a
convention against illicit traffic in narcotic drugs and psychotropic
substances . At the close of the thirty-second session of the Commission on
Narcotic Drugs , in February 1987 , he prepared a consolidated working paper
which was circulated to all governments in April of that year .
3 . In its Decision of 26 January 1987 on Community participation in the
preparatory work in the International Conference on Drug Abuse and Illicit
                                         1
Trafficking , the Council agreed that :
" As regards the future International Convention on the ilLicit trafficking
  of drugs and psychotropic substances , the Community , to the extent to
  which it is concerned , will follow the development of the negotiation of
  that convention and determine its attitude according to the content and
  subject to Community competence in this field ".
4 . The Commission accordingly followed the proceedings of the unrestricted
intergovernmental group of experts set up by the UN in February 1987 and
submitted to the Council , in SEC C 87D 791 final of 18 May 1987, a recommendation
for a Decision on participation by the Community in the negotiation on the
new International Convention on illicit trafficking in narcotic drugs and
psychotropic substances .
T
  Point 11(2 ) of the Directives annexed to the Decision .
 ---pagebreak---                                       - 2 -
 In this communication it is proposed that the Council decide that :
 •'The Community shall take part in the negotiations on the new International
 Convention on illicit trafficking in narcotic drugs and psychotropic
substances . The Commission shall express the Community 's point of view
 in close cooperation with the Member States , in accordance with the
Directives annexed hereto ".
The proposal was based on the following points of Community competence :
- agricultural products covered by the Convention ( Article 1 of the draft
    Convention ) ;
- chemicals and pharmaceuticals covered by the Convention ( precursors )
    ( Article 8 of the draft Convention );
- eradication of illegal crops in developing countries ( Article 10 of the
    draft Convention ).
5.     In an opinion delivered on 21 December 1987 the Council 's Legal Service
considered that :
" Community competence to participate in the negotiation of the new
Convention on narcotic drugs :
- may follow from Article 235 of the Treaty as regards matters concerning
   development cooperation ( Article 10 of the draft Convention ) if the
   Council considers that Community action is necessary in that area ;
- exists for matters covered 1n Article 8 of the draft ( precursors ), the
   provision of which affect Community rules on customs matters ".
 ---pagebreak---                                         - 3 -
6.   On 3 February the Permanent Representatives Committee agreed that the
Commission should be authorized as an interim measure , in cooperation with
the Member States , to negotiate the inclusion in the final part of the
draft Convention of a clause enabling the Community to participate within
the limits of its competence in the Convention being drawn up in Vienna .
On 27 April 1988 it approved such a clause , in the following terms :
" This Convention shall be open for signature by States and by regional
economic integration organizations which have competence in respect of
the negotiation , conclusion and application of international agreements
in matters covered by the present Convention ".
7 . At the meeting in Vienna from 27 June to 8 July last year of the group
set up to review the draft Convention , the Commission successfully negotiated
the inclusion in the final section of a clause providing for Community
participation in accordance with the directives laid down by the Permanent
Representatives Committee on 3 February and 27 April 1988 .
8.   On 25 May 1988 ECOSOC , recalling the preparatory work carried out by the
relevant UN bodies pursuant to Resolution 39 / 141 of the General Assembly ,
decided ( Resolution 1988 / 8 ) to convene a Conference of Plenipotentiaries in
accordance with Article 62(4 ) of the UN Charter and General Assembly
Resolution 366 CIV ) of 3 December 1949 , to adopt a convention against illicit
traffic in narcotic drugs and psychotropic substances .     The Conference was
held in Vienna from 25 November to 20 December 1988 .
                                                                            т
 ---pagebreak---                                        - 4 -
9.   On 4 November 1988 the Commission transmitted to the Council a
 Commission Working Paper on the new international convention and on the
work of the United Nations on drugs , in which it proposed ( a ) that the
 Council should adopt the draft Decision contained in the communication
 SEC(87)791 final of 18 May 1987 in time to enable the Community to
participate on favourable terms in the Conference of Plenipotentiaries
 in Vienna , and ( b ) that Community coordination should take place in
Brussels and Vienna concerning Articles 1a , 2 , 3 , 6 , 7 , 8 , 10 , 18 and 20
of the draft Convention .
10 . On 30 November last year the Permanent Representatives Committee
suggested that the Council should approve , as an A item , a common
position concerning Article 8 of the draft Convention .
The common position was adopted by the Council      at its meeting on
8-9 December ; it aimed to secure an easing of      provisions on " precursors "
which the Community found too restrictive , and     an amendment of the draft
Convention to make controls on List A products      ( para . 10(a )) subject to
presumption of their use for illicit purposes .
When adopting the common position on Article 8 ( on the basis of the
Community 's exclusive competence regarding precursors , in line with the
views of the Council 's Legal Service ), the Council entered a statement in
the minutes to the effect that it had not yet ruled on Community competence
in the draft Convention ,
11 .  In Vienna , the Community therefore negotiated on precursors and on
the final clauses of the draft Convention .
(a)   Precursors ;    Article 12 ( Article 8 of the draft Convention )
The Community encountered both formal and substantive problems in putting
across its arguments at the Conference of Plenipotentiaries . Forma Lly ,
having observer status , it was able to participate in discussions but not
 ---pagebreak--- take part in the dec i si on-making process ,, which meant the Community
proposal for an amendment ( the Council 's common position ) had to be
tabled by Greece on behalf of the EEC Member States ( see annex ).
Handicapped by these procedural probLems , the Community found itseLf in
an isolated position at the start of the discussion on Article 8 ( supported
only by Japan , which had tabled a similar draft amendment , and China ).
Other countries , for different and indeed contradictory reasons , did not want
to see the precarious balance struck on this crucial article at the final
preparatory meeting in June-July called Into question .
The Latin American and other developing countries wanted systematic and ,
in practical terms , bureaucratic controls on chemical and pharmaceutical
substances covered by Article 8 , see this as a quid pro quo for the controls
imposed on them under the 1961 and 1971 Conventions on natural drugs and
psychotropic substances . The United States and the Eastern bloc countries
for their part were prepared to accept this approach ( incorporated in the
draft Convention submitted to the Conference ), which would not affect them
too much , in return for other concessions by the developing countries
concerning the Convention as a whole . The Community was virtually alone
in calling for selective controls , where abuse was suspected , or at a
pertner 's request , rather than systematic ones which would hit it hard
( the EEC being the main exporter of these products to the developing
countries ) and would have been tantamount to a non-tariff barrier ,
discriminating against the Community , in respect of this trade . Under the
draft Convention all trade in the chemicals and pharmaceuticals it covers
would have been subject to controls and notification to all countries ,
when only a handful of developing countries or regions are concerned in the
illicit manufacture of narcotics from those products .
 ---pagebreak---                                      - 6 -
 Following two days of plenary discussions , numerous Community coordination
meetings and informal talks between interested countries , and thanks to
the compromises formulated by the USSR and , at the last minute , by Canada ,
proposing a new amendment , agreement was finally reached . The text of
Article 8 as adopted , which became Article 12 of the Convention of
20 December 1988 , incorporates the substantive proposal put forward by the
Community that controls on Table I ( ex List A ) substances should be
carried out selectively , " upon request to the Secretary-Genera L by the
interested party ".
Thus despite the procedural difficulties , exacerbated by the restrictive
 line taken by the Conference towards entities other than States , the
Community was successful in the negotiations on this sensitive article ,
which was finally adopted by consensus , to the satisfaction - and relief -
of all concerned .
 (b>  Final clauses : Articles 26 to 29 ( ArticLes 20 to 22 of the draft
      Convention )
The review group meeting in June-July gave unanimous approval in principle
to the inclusion of a Community participation clause .
At the Conference of Plenipotentiaries , however , this was called into
question by a number of countries , specifically Jamaica and the Philippines ,
which wanted States alone to have the right to sign and ratify the
Convention . There was little support for these countries but they
maintained their reservations on this point until the final debate on the
Convention’s text .
Thus the Community can sign and ratify the Convention in accordance with
the negotiating directives adopted by the Permanent Representatives Committee
in February and April 1988 .   In return for this concession the Communi ty ’ had
to agree during the negotiations to the inclusion in Article 27 of a clause
stating :
 ---pagebreak---                                       - 7 -
" 2 . In their instruments of formal confirmation , regional economic
 integration organizations shall declare the extent of their competence
with respect to the matters governed by this Convention ,    These
organizations shall also inform the Secretary-General of any modification
in the extent of their competence with respect to the ratters governed by
the Convention ".
12 . To sum up , therefore , the Conference of Plenipotentiaries , despite
the many practical problems , accepted the main points of the Community 's
position regarding precursors and the final clauses . The Convention ,
adopted in Vienna on 20 December , is open for signature from that date until
28 February at the UN Office in Vienna and thereafter until 20 December this
year at UN Headquarters in New York . It was signed on the day of its adoption
by 46 countries , including four Member States of the Community . Article 29(1 )
of the Convention stipulates :
" This Convention shall enter into force on the ninetieth day after the date
of the deposit with the Secretary-General of the twentieth instrument of
ratification , acceptance , approval or accession by States or by Namibia ,
represented by the Council for Namibia ".
Article 29(3 ) States :
" For each regional economic integration organization referred to in
Article 26 , subparagraph ( c ) depositing an instrument relating to an act
of formal confirmation or an instrument of accession , this Convention shall
enter into force on the ninetieth day after such deposit , or at the date the
Convention enters into force pursuant to paragraph 1 of this Article ,
whichever is later ".
                                                                            T
 ---pagebreak---                                    - 8 -
13 . As 46 States signed the Convention on 20 December and only 20
ratifications are needed for its entry into force , it is politically
desirable and technically necessary that the Community and the eight
Member States which have not already done so sign as soon as possible .
Once the signing procedures are completed the Commission will submit
a proposal to the Council for conclusion of the Convention , enabling
the Community to become a contracting party ; the Community and the
Member States should lodge the instruments of ratification simultaneously
and the Community act should specify the extent of the Community 's
competence with respect to the matters covered by the Convention .
The Council is accordingly asked to adopt the Decision at Annex I
without delay .
 ---pagebreak---                  PROPOSAL FOR A COUNCIL DECISION ON THE SIGNING
           OF THE UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC
          IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONCLUDED IN
                          VIENNA ON 20 DECEMBER 1988
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 and 116 thereof ,
Having regard to the proposal from the Commission ,
Whereas a Conference of Plenipotentiaries meeting in Vienna from
25 November to 20 December 1988 has negotiated a United Nations Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances ,
adopted on 20 December 1988 ;
Whereas the said Convention is open for signature from 20 December 1988
to 28 February at the United Nations Office in Vienna and thereafter at
the Headquarters of the United Nations at New York until 20 December 1989;
Whereas the Community took part in the Conference of Plenipotentiaries and
participated in the negotiations for the Convention in accordance with the
decisions adopted by the Permanent Representatives Committee on 3 February
and 27 April 1988 and by the Council at its meeting on 8 and 9 December 1988 ;
Whereas the Community is satisfied with the outcome of the negotiations and
a number of Member States have already signed the Convention ;
Whereas in view of the subject matter of the Convention and the projected
 completion of the internal market it is necessary for the Community itself
to sign the Convention ;
                                                                          T
Whereas it is in the interests of the common market that all the Member
 States should sign the Convention ;
Whereas because of the nature and purpose of this Convention it should
enter into force at the earliest possible moment ,
HAS ADOPTED THIS DECISION :
 ---pagebreak---                                    - 2 -
                                 Artide 1
1 . The President of the Council is hereby authorized to designate the
person empowered to sign the United Nations Convention against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances adopted in Vienna
on 20 December 1988 in accordance with Article 26 of the said Convention .
2.  The Member States which have not yet signed the Convention are hereby
invited to do so .
                                 Article 2
This Decision is addressed to the Member States .
Done at Brussels ,                                   For the Council
                                                                        »