Article 3

AMENDMENTS TO ARTICLE 10, PARAGRAPHS 1 AND 4 OF THE SINGLE CONVENTION

Introductory paragraph of article 3 of the 1972 Protocol and paragraphs 1 and 4 of article 10 of the amended Single Convention

Article 10, paragraphs 1 .and 4, of the Single Convention shall be amended to read as follows:

"1. The members of the Board shall serve for a period of fipe years, and may be re-elected.

"4. The Council, on the recommendation of the Board, may dismiss a member of the Board who has ceased to fulfil the conditions required for membership by paragraph 2 of article 9. Such recommendation shall be made by an affirmative vote of nine members of the Board."

Commentary

1. The International Narcotics Control Board has some judicial functions.1 The full technical independence of the Board is also expressly recognized in article 9, paragraph 2.

2. It is generally accepted that lengthening the term of office of the members of an organ contributes to the organ's independence.

3.   Some of the, problems with which the Board has to deal may require its attention for a number of years. A longer term of office of its members may also contribute to the Board's competence to deal with difficult situations not amenable to quick solutions.

4.   The increase in the number of votes from eight to nine required for a recommendation pursuant to paragraph 4 is related to the increase in the membership of the Board. Under the unamended as well as under the amended text of the Single Convention, a two-thirds majority of the total membership of the Board is required for such a recommendation.

5. The other textual changes brought by the 1972 Protocol to the English, French and Spanish texts of article 10, paragraph I do not affect the meaning of the unamended text of that provision.

1 1961 Commentary, para. I of the comments on article 9, para. 2 (pp. 135-136); see also the references in foot-note I to those comments.