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19.3.2013 Official
Journal
of
the
European
Union L
75/35
COMMISSION IMPLEMENTING DECISION
of 15 March 2013
terminating the investigation initiated by Implementing Decision 2012/161/EU with respect to the
effective implementation of the United Nations Single Convention on Narcotic Drugs in Bolivia
(notified under document C(2013) 1422)
(Only the Spanish text is authentic)
(2013/136/EU)
THE EUROPEAN COMMISSION,
to the Government of Bolivia a questionnaire on the
implementation of the United Nations Single Convention
on Narcotic Drugs (‘the UN Single Convention’).
Having regard to the Treaty on the Functioning of the European
Union,
(5) The
Government
of
Bolivia
provided
its
comments
in
the
form of a response to the questionnaire within the
Having regard to the Council Regulation (EC) No 732/2008 of
relevant time limit.
22 July 2008 applying a scheme of generalised tariff preferences
from 1 January 2009 and amending Regulations (EC) No
552/97, (EC) No 1933/2006 and Commission Regulations
(6)
The Commission analysed the content of the response to
(EC) No 1100/2006 and (EC) No 964/2007 ( 1 ), and in
the questionnaire and sent to the Government of Bolivia
particular Article 19(2) thereof,
a request for further clarification of certain elements. The
Bolivian side responded in good time to this request and
provided the clarifications requested.
After consulting the Generalised Preferences Committee,
(7) The
Commission
also
sought
all
information
it
Whereas:
considered necessary, including the results of the 2012
United Nations Office on Drugs and Crime (UNODC)
report on Coca Cultivation in Bolivia.
(1) On
20
March
2012
the
Commission
initiated
an
inves
tigation pursuant to Article 17(2) of Regulation (EC) No
732/2008 (the ‘GSP Regulation’) with respect to the
(8) In
analysing
the
reply
sent
to
the
questionnaire
and
the
effective implementation of the United Nations Single
available information, the Commission noted that no
Convention on Narcotic Drugs in the Plurinational
major change in the relevant legislation Bolivia has
State of Bolivia (‘Bolivia’) by the publication of
occurred since Bolivia’s denunciation of the UN Single
Commission Implementing Decision 2012/161/EU ( 2 ).
Convention, which took effect on 1 January 2012.
(2) The
scope
of
the
investigation
was
to
determine
whether
the special incentive arrangement for sustainable devel
(9)
From the analysis of the reply to the questionnaire and
opment and good governance which is granted to Bolivia
the available information, the Government of Bolivia has
should be withdrawn, according to the provisions that
not changed its approach towards the treatment of illicit
are contained in Article 15(2) of the current GSP Regu
drugs production, trade and use in the period of time
lation.
which followed its denunciation of the UN Single
Convention.
(3) Pursuant
to
Article
18(1)
of
the
GSP
Regulation,
a
Notice
of the initiation of the investigation has been published
(10) According to the information which is included in the
in the Official Journal of the European Union on 20 March
reply to the questionnaire and all available information to
2012 (
the Commission, Bolivia has in place a set of legislative

3 ).
tools and institutions to fight the production, trade and
use of illicit drugs. Bolivia is party to international
agreements whose aim is to fight production and
(4) On
3
April
2012,
the
European
Commission
invited
the
Government of Bolivia to submit any information and
supply of illicit drugs.
comments relevant to the purpose of the investigation
within four months from the date of publication of the
Notice in the Official Journal. The Commission also sent
(11) Therefore,
it
is
concluded
that
there
are
no
elements
at
the disposal of the Commission that would suggest that
the legislation and the practice of the Bolivian authorities
( 1 ) OJ L 211, 6.8.2008, p. 1.
( 2 ) OJ L 80, 20.3.2012, p. 30.
would prevent them from implementing the rules of the
( 3 ) OJ C 81, 20.3.2012, p. 5.
UN Single Convention.

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L 75/36
EN
Official Journal of the European Union
19.3.2013
(12) The Commission has received information that, on
HAS ADOPTED THIS DECISION:
10 January 2013, more than two-thirds of the State
Parties of the UN Single Convention have not opposed
the request that Bolivia had deposited to re-accede the
Article 1
UN Single Convention with a reservation on the tradi
tional use of coca leaves (in particular chewing and
The investigation initiated by Implementing Decision
medicinal uses). Therefore, Bolivia has re-acceded the
2012/161/EU with respect to the effective implementation of
UN Single Convention as from 10 February 2013.
the United Nations Single Convention on Narcotic Drugs in
Bolivia is hereby terminated.
(13) The
Commission
considers
that
national
legislation
of
Bolivia incorporates the UN Single Convention and that
the Government of Bolivia is effectively implementing its
Article 2
legislation concerning illicit drugs.
This Decision is addressed to the Plurinational State of Bolivia.
(14) Consequently, in accordance with the provisions
contained in Article 15(2) of the GSP Regulation, the
Commission concluded that the temporary withdrawal
of the special incentive arrangement for sustainable
Done at Brussels, 15 March 2013.
development and good governance is not warranted
and that the investigation shall be terminated.
For the Commission
(15) The
measures provided for in this Decision are in
accordance with the opinion of the Generalised Pref
Karel DE GUCHT
erences Committee,
Member of the Commission

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Document Outline

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