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The Commission was of the view that opiates or other restricted substances carried on board were generally subject to control and the laws applicable in the State of Registry. For instance, the supplies could only be obtained for legitimate, medical or scienti.c purposes in limited quantities under control, by medical prescription and from an authorized source. A record had to be kept and any use and replacement of such drugs must be accounted for. It is therefore desirable that .rst-aid kits be protected against misuse by being kept under lock and key or sealed. Preferably opiates or similar drugs might be kept in a sealed container within the .rst-aid kit. It was also necessary that a record be kept of the quantity, name of product and manufacturer, date of prescription, dispensing agency and signature of person responsible for the control and its use.
One of the signi.cant achievements of the Commission was its conclusion that the terms “opiates and derivatives,” “narcotics” and “narcotic drug” should be considered to include opium, coca leaves, their alkaloids and preparations or derivatives therefrom, whether prepared from substances of vegetable origin or by means of synthesis, or their combinations, and other synthetic drugs liable to produce addiction and controlled by international narcotic regulation.
The Commission concurred with the conclusion that the dif.culties reported by some countries might have been caused by a lack of uniformity of national laws and practices developed under a complex system of international narcotic Conven-tions and the detailed conditions under which opiates and similar drugs had been carried on board. It appeared possible to eliminate existing differences – and potential dif.culties – if certain principles for effective control and safeguards against abuse, such as quantity limitations, could be more generally agreed upon by all Contracting States.
As recommended by the Air Navigation Commission in its 545th Report,504
the Council decided:
(a) That States should be informed of the Commission’s study on the carriage of opiates and derivatives in .rst-aid kits on board aircraft on international .ights and of its conclusion that the Recommendation of Annex 6 continues to be
504See C-WP/2372.
C. ICAO Initiatives
satisfactory and that the carriage of opiates and derivatives in aircraft .rst-aid kits is considered desirable; and
(b) That States should be invited to note the implication in this Recommendation that foreign carriers should be permitted to carry .rst-aid kits with contents as described in Annex 6 on international .ights, under control, according to international narcotic laws and subject to satisfactory safeguards against abuse, and to notify ICAO when they do not permit this.505
It agreed that ECOSOC and WHO should be invited to study the related medical and legal problems, in particular the application of ef.cient safeguards against abuse and of uniform principles under which opiates or other drugs might be used and carried in .rst-aid kits on board aircraft, in an effort to promote uniformity under existing laws and to avoid dif.culties. It was also agreed that such studies should take into account any factors affecting international civil aviation, such as the safety of persons on board and relief in the case of emergencies in .ight or of aircraft accidents, and the ICAO Secretariat should call the attention of the bodies making the studies to these factors.
At its 30th Session in April 1957, Council considered further the question of the carriage of opiates in aircraft .rst aid kits and recognizing that there were three points for decision. The .rst was: “Is the carriage of opiates in aircraft .rst-aid kits desirable?” The Commission’s conclusion was that it was desirable – there was a Recommended Practice in paragraph 6.2(a) of Annex 6 which listed narcotics and analgesics among the contents of .rst-aid kits, and the Commission believed that it should stand. The second point was: “Should their carriage be permitted?” From the ICAO standpoint the answer was obviously “Yes” – if the carriage of opiates and derivatives was desirable it should be permitted – but the issue was complicated by the fact that the international movement of drugs was subject to international narcotics control. The Commission was of the view that all that could be done in the circumstances was to inform contracting States of the present study, to ask them to note the implication in Annex 6 that foreign operators should be permitted to carry .rst-aid kits with the contents described in that paragraph, and to request them to notify the Organization of differences between their national regulations or practices and this provision. It recommended that the Council decide accordingly. States, ECOSOC and WHO might also be invited to study the related legal and medical problems, in particular the application of ef.cient safeguards against abuse and of uniform principles under which opiates or other drugs might be used and carried in .rst-aid kits on board aircraft, in an effort to promote uniformity in existing laws and avoid dif.culty. The third point was whether quali.ed crew members should be permitted to administer narcotic drugs in cases of emergency. On this again national regulations and practices differed, and the Commission’s conclusion was that States might be asked to accept the practice of the State of Registry of the aircraft.
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