82. One representative proposed the inclusion of a provision drafted along the lines of article 37 of the Single Convention concerning the seizure and confiscation of drugs, substances and equipment used in the illicit traffic and, refering to the proposal of his Government in paragraph 272 of the working document, further proposed a consequential paragraph concerning the destruction of narcotic drugs and psychotropic substances which have been seized in the illicit traffic. The Group agreed to take up these proposals at an appropriate stage during its consideration of other articles of the convention.
Article 2 bis
83.
Pursuant to its decision when it considered paragraph 6 of article 2 in the original draft, the Group was presented with a new additional draft article dealing with jurisdictional issues worked out during informal
consultations.
84.
It was explained that a distinction had been made in paragraph 1 of the proposed article between the cases where the establishment of jurisdiction was mandatory and those where it was optional. It was considered advisable to place paragraph 2 in square brackets since the retention of its provisions, which dealt with the assumption of jurisdiction when extradition was refused was dependent on the Group's consideration of article 4 dealing with extradition. One representative recalled in this respect his strong reservations regarding the establishment of any jurisdiction beyond what was presently contained in draft article 2 bis, paragraph 1. As regards para- graph 3, it was pointed out that it was in line with the standard provision to be found in other international instruments.
85.
The Group approved the additional article on jurisdiction as formulated and agreed to examine the provisions of its paragraph 2 after it would have completed its consideration of article 4.
Two representatives expressed reservations as to subparagraph 1(b)(iii), which they considered ambiguous.
86.
Article 3
87.
The Group discussed article 3 as contained in the original draft. Specific comments were made on the various paragraphs in order to provide some guidance for the informal consultations considered desirable with a view to arriving at a generally acceptable text.
88.
The Group recognized that the provisions of article 3 were a major innovative feature of the convention and should greatly contribute to countering the economic power of drug traffickers. Several representatives considered that the drafting of relevant and widely acceptable provisions on what was a complex problem in a sentitive area required a flexible approach. It was generally felt that the article as drafted went into excessive detail and should be restructured to improve its clarity. It was the view of some representatives that the article should only lay down the principles of international co-operation in this matter and leave implementation measures to each State. It was however pointed out that the search for simplification should not be at the cost of the substantive content necessary to make the article effective.
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