- Observations by the European Union -

non-paper

OUTLINE

Preamble

I. Raising awareness of the ATS problem.

II. Reducing demand for illicit ATS.

III. Providing balanced information on ATS

IV. Limiting supply of ATS, including measures against illicit trafficking.

V. Strengthening the control system for ATS and their precursors.

I. RAISING AWARENESS OF THE ATS PROBLEM

Problem:

The ATS problem is relatively new; growing quickly; unlikely to go away; and rapidly changing in scope and geographical spread. Yet global awareness of it is limited and responses are heterogenous and inconsistent.

Action:

1. The subject of ATS should be given higher priority and become a regular item on the agenda of the CND.

2. International bodies such as United Nations International Drug Control Programme, International Narcotics Control Board, World Health Organization should continue their work on technical scientific dimensions of the ATS problem and disseminate the results in regular publications for Governments and the general public.

3. International and regional bodies should continue advocating implementation of the extensive framework of international treaties, as well as resolutions or decisions addressing various aspects of the ATS problem adopted by the Economic and Social Council, the Commission on Narcotic Drugs and the International Narcotics Control Board.

4. Governments should give the issue the priority and attention it deserves; implement the global framework noted above; and report annually to the Commission on actions taken at the national level.

II. REDUCING DEMAND FOR ILLICIT ATS

Problem

ATS abuse is increasingly concentrated among younger sections of the population. The substances are widely believed to be safe and benign. In many countries, their abuse threatens to become a part of mainstream consumer culture.

Action

1. International bodies, such as UNDCP and WHO should, on a regular basis: (1) synthesize current information on the health effects of ATS and their by-products; (2) study the social economic and cultural driving forces of demand for ATS; (3) identify, document and disseminate good practices in prevention, intervention and treatment; and (4) cooperate with non-governmental organizations (NGOs) in these areas.

2. Governments should: (1) continuously monitor changing abuse patterns; (2) investigate social and cultural dimensions of ATS abuse; (3) use this and internationally synthesized information for targeted prevention efforts at the national level.

III. PROVIDING BALANCED INFORMATION ON ATS

Problem

Traditionally limited to the ambit of underground literature, knowledge on clandestine ATS has now become accessible to a large population through modern information technology. Recipes for clandestine manufacture, techniques of abuse, images of ATS as harmless drugs and methods of evading existing controls are all widely available. While this needs to be limited, and can only be successful if done internationally, the positive potential of information technology for training and drug control purposes needs to be developed as well.

Action

1. The UN system should initiate consultations with representatives of the telecommunication and software industries to develop a code of conduct and self-restraint concerning such matters as dangerous drug-related information.

2. Governments, in accordance with their constitutional and legal systems, should: (1) monitor the Internet to determine violations of national laws and regulations; (2) establish open complaint mechanisms as part of the monitoring system; (3) negotiate with service providers and with the telecommunication industry to develop and implement mechanisms to remove offensive drug information from the Internet.

3. International bodies such as UNDCP, WHO, ICPO and WCO, and appropriate regional organizations, should participate in a worldwide virtual clearing-house system (national, regional and international documentation centres on substance abuse linked through the Internet) to disseminate accurate and timely information on various aspects of the ATS problem, as well as use the Internet for distance learning purposes, with particular emphasis on assistance to developing countries.

4. Governments should: (1) use modern information technology to disseminate information on adverse health, social and economic consequences of ATS abuse; and (2) participate in the international clearing-house system.

IV. LIMITING SUPPLY OF ATS, INCLUDING MEASURES AGAINST ILLICIT TRAFFICKING.

Problem

For the plant-based drugs like cocaine and heroin, one principal supply control strategy is to target the botanical raw material. For the ATS, the equivalent strategy means targeting the chemical starting material (precursors). This is even more important because it is the precursors rather than the ATS end-products which are trafficked across international borders. Most manufacture of ATS takes place close to the area of final consumption, in the illicit sector, though there are still some diversions of ATS from licit sources.

Action

1. On the basis of the existing fremewor for precursor control provided by article 12 of the 1988 Convention, related Council resolutions and recommendations of the Board, the following actions specific to precursors for ATS should be taken: (1) enhanced implementation of the control measures against the diversion of ATS chemicals under the 1988 Convention, including notably the increased use of pre-export notifications and improved procedures for information exchange at the national and international level; (2) improved monitoring of non-scheduled substances which have been identified as frequently used in illicit ATS manufacture, including the voluntary co-operation between authorities and the chemical industry in order to help identify suspicious transactions; (3) the establishment of an international special surveillance list of substances referred to under (2) above as part of a general early warning system, (4) consideration of ..., the diversion of such non-scheduled substances ...; and (5) exchanges

of information between all concerned agencies, including investigations concerning such non-scheduled substances to prevent and detect illicit trafficking.

2.In order to target clandestine manufacture of ATS, international, regional and national authorities should also: (1) monitor clandestine production methods; (2) develop drug signature analysis and profiling; (3) monitor sales of laboratory equipment; and (4) train enforcement personnel in the technical complexities of ATS.

V. STRENGTHENING THE CONTROL SYSTEM FOR ATS AND THEIR PRECURSORS

Problem

When applied to the clandestinely manufactured ATS, the international drug control system reveals several shortcomings, inter alia: the onerous and cumbersome procedure for scheduling psychotropic substances, the relative novelty of the precursor control regime and the different procedures for changing the scope of control in the three Conventions. Effectively counteracting or preventing emergency situations, which may differ from region to region, requires a control system that is fast, flexible, easy to adapt to new situations and both technically and conceptually commensurate with the ever-greater complexity of the evolving ATS problem.

Action

New ATS found on the illicit market should be rapidly identified and assessed by and for the international community. After such full assessment, consideration should be given to bringing these substances under national and international control so that legal action can be taken against manufacture and trafficking in these substances.

Covering the wide area of regulatory control, international and regional organizations as well as governments should, as appropriate:

1. Establish an ongoing mechanism to evaluate compliance with the 1971 and 1988 Conventions and implementation of relevant Council resolutions;

2. Improve the technical basis of control, particularly with regard to increasing the flexibility of the process of scheduling;

3. Consider mandatory application of Council resolutions and recommendations of the Board, aimed at strengthening the control of psychotropic substances under the 1971 Convention. This could take the form of parties to the 1971 Convention deciding to amend that Convention (see INCB, paper for GASS, Measures to counter illicit manufacture of, trafficking in, and abuse of stimulants, INCB/STI);

4. Introduce appropriate sanctions and penalties for manufacture, trafficking and abuse of ATS, including civil fines and administrative penalties in addition to criminal sanctions;

5. Improve data collection and exchange of information on issues such as: size of clandestine laboratories detected, production methods, precursors used, purities, prices, sources of ATS and their precursors, and epidemiological information;

6. Strengthen regional cooperation, inter alia, through: consultations between states at the regional level before adoption of amendments of national laws relating to the control of ATS; regional arrangements for monitoring new developments in clandestine manufacture and trafficking of ATS; establishment of rapid channels of communication; and assistance to states with limited expertise in dealing with the complex technical problems posed by ATS.