216. With a view to reconciling the divergent positions held regarding the substantive content of paragraphs 2, 3 and 4, the Croup decided that the discussion would continue informally among interested experts. Following consultations, a compromise draft was submitted to the Group for its consideration.
217. By using the formula "each Party", the new text now indicates that the measures envisaged in paragraphs 2, 3 and 4 were to be taken individually by Parties within their own jurisdiction.
218. An amended part of the introductory sentence of paragraph 2 and paragraph 3 of the initial draft were combined into paragraph 2 of the compromise draft. The measures provided in paragraph 2 were grouped into category (a) concerning more specifically those carriers having their principal place of business within the territory of the Party and category (b) dealing with any carrier operating within the territory of the Party.
It was, however, the understanding that Parties could apply, in appropriate cases, all the measures envisaged under subparagraphs 2(a) and 2(b) to all carriers.
219.
As interpreted by one representative, the wording of the introductory sentence indicated that the measures spelled out in subparagraphs 2(a) and 2(b) were illustrative of those measures that States "may include" in their national legislation to ensure that means of transport operated by commercial carriers are not used in the illicit traffic.
220. The modality of co-operation between States and carriers included in subparagraph 3(b) of the original draft was dealt with separately in the new paragraph 3. In that paragraph, reference is made to "point of entry and exit and customs control areas" so as to cover the diverse factual situations prevailing in different countries.
221.
The Group approved by consensus paragraphs 2 and 3 as redrafted.
222.
The provision concerning sanctions that might be imposed on carriers, which appeared in the second sentence of the initial paragraph 2 was reformulated in a separate paragraph 4. It was understood that should sanctions be considered appropriate these should be of an administrative rather than of a criminal nature. Several representatives were of the view that, as reformulated, paragraph 4 added nothing to the rights already enjoyed by States under general international law and the Group consequently agreed to delete it. Two representatives expressed reservations about the deletion and stated that they would revert to the matter at the second meeting in October.
Article 11 bis
First session
223.
One representative proposed for consideration at a later stage, as an additional article, the proposal of his Government in paragraph 811 of the working document, which could not be accommodated in the framework of article 11, to the effect of ensuring the correct labelling of consignments of narcotic drugs and psychotropic substances, the accurate use of the listed International Non-Proprietary Names, and the proper utilization of accompanying papers, customs documents and manifests.
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