Article 21

RESERVATIONS

1. Any State may, at the time of signature, or ratification of or accession to this Protocol, make a respect of any amendment contained herein other than the amendments to article 2, paragraphs 6 and 7 (article 1 of this Protocol), article 9, paragraphs 1, 4 and 5 (article 2 of this Protocol), article 10, paragraphs 1 and 4 (article 3 of this Protocol), article 11 (article 4 of this Protocol), article 14 bis (article 7 of this Protocol), article 16 (article 8 of this Protocol), article 22 (article 12 of this Protocol), article' 35 (article 13 of this Protocol), article 36, paragraph 1 (6) (article 14 of this Protocol), article 38 (article 15 of this Protocol) and article 38 bis (article 16 of this Protocol).

2. A State which has made reservations may at any time by notification in writing withdraw all or part of its reservations.

Commentary

1.   Reservations under article 21, paragraph 1 would not be permitted in respect of provisions of the Single Convention reproduced by the 1972 Protocol, but not amended thereby.

2.   States desiring to become Parties to the amended Single Convention' may under the procedure of article 50, paragraph 3 of that treaty be authorized to make reservations on provisions in respect of which reservations are prohibited pursuant to article . 21 of the 1972 Protocol.

3. States acceding to the amended Single Convention may make unilateral reservations in respect of the provisions enumerated in article 50, paragraph 2 of that treaty. Of the amended provisions on which reservations may be made pursuant to article 21 of the 1972 Protocol only article 14, paragraphs 1 and 2 are listed in article 50, paragraph 2?   Such States therefore may not make unilateral reservations in respect of other amendments effected by the 1972 Protocol3 in respect of which Parties to the unamended Single Convention ratifying or acceding to the 1972 Protocol may make reservations under article 21 of that Protocol.

4.   Reservations under article 21 of the 1972 Protocol may be made in respect of the amendments made to the following provisions of the Single Convention: article 2, paragraph 4 (article 1 of the 1972 Protocol), article 12, paragraph 5 (article 5 of the Protocol), article 14, paragraphs 1 and 2 (article 6 of the Protocol), article 19, paragraphs l and 24 (article 9 of the Protocol), article 20, paragraph I5 (article 10 of the Protocol), article 21 b.is (article 11 of the Protocol) and article 36, paragraph 2, subparagraph (b) (article 14 of the Protocol).

5. The reservation permitted in respect of the amendment to article 2, paragraph 4 would apparently have the effect of making more onerous the obligation of a reserving Party.6 Nevertheless, the 1972 Conference did not exclude that reservation because it was informed that the admission of such a reservation would be helpful in the domestic situation of a particular country.?

6. There seems to be a contradiction between the prohibition of reservations to the amendments contained in article 2, paragraphs 6 and 7 under whose texts article 19, paragraph l, subparagraphs (e) and (f), article 20, paragraph l, subparagraph (g) and article 21 bis appear to have a binding effect, and the omission of those provisions of articles 19 and 20 and of article 21 bis from the list of provisions hi respect of which reservations are prohibited. It was however the clear understanding of the 1972 Conference that reservations on article 19, paragraph l, subparagraphs (e) and (f), article 20, paragraph l, subparagraph (g) and article 21 bis would also render them non-obligatory under article 2, paragraphs 6 and 7 for reserving Parties.8

1 Article 19, para. (a) of the 1972 Protocol.

2 The only change which the 1972 Protocol makes in article 14, para. 2 of the Single Convention is a substitution of a reference to "paragraph 1 (d)" for a reference to "paragraph 1 (c)", since para. 1 (c) of the unamended text becomes para. 1 (d) of the amended text. In view of a considerable revision of para. 1 (c) of the unamended text, article 14, para. 2 although apart from the change in that reference retaining an unamended text, may be held to obtain in the context of the amended treaty a different meaning and if that view is accepted, be considered to be one of the amended provisions on which a unilateral reservation would be possible under article 21, para. 1 of the 1972 Protocol; see however para. 5 of the above comments on article 14, para. 2', see also 1972 Records, vol. 11, para. 4 of the summary records of the thirteenth plenary meeting (p• 58).

3 They may however be authorized to make those reservations under article 50, para. 3.

4 And article 19, para. 5 insofar as it becomes applicable to estimates of opium production (and other estimates introduced by the 1972 Protocol).

5 And the deletion of pata. 3 of the unamended article 20 of the Single Convention.

6 See however 1961 Commentary, paras. 12, 13 and 14 of the comments on article 2, para. 4 where the opinion is expressed that according to an understanding of the Parties to the Single Convention Parties are not bound to require retail traders in preparations in Schedule III to keep records of their sales of such preparations (pp. 62-63); see also paras. 3 to 6 of the above comments on the introductory paragraph of article 1 of the 1972 Protocol and on para. 4 of article 2 of the amended Single Convention.

7 1972 Records, vol. II, paras. 1, 4, 9, 13, 15, 18, 23, 26 and 27 of the summary records of the thirteenth plenary meeting (pp. 58-60).

8 Paras. 16, 29, 30, 31 and 32 of the summary records referred to in the preceding foot-note (pp. 59-60).