[F1Council Regulation (EC) No 111/2005
of 22 December 2004
laying down rules for the monitoring of trade between the [F2UnionF2] and third countries in drug precursors
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted in Vienna on 19 December 1988, hereinafter referred to as the ‘United Nations Convention’, is part of the worldwide effort to combat illegal drugs. Within its sphere of competence, the Community participated in the negotiation and concluded the Convention on behalf of the Community by means of Council Decision 90/611/EEC(1).
(2) Article 12 of the United Nations Convention concerns trade in substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances. As provisions on trade in drug precursors affect Community rules in customs matters, it is appropriate to lay down Community rules on trade between the Community and third countries.
(3) Article 12 of the United Nations Convention requires a system to monitor international trade in drug precursors, taking account of the fact that, in principle, trade in these substances is lawful. Consequently, measures have been taken to strike an appropriate balance between the desire to exploit all possible means to prevent drug precursors reaching illicit drug manufacturers and the commercial needs of the chemical industry and other operators.
(4) To implement the requirements of Article 12 of the United Nations Convention and, taking account of the report of the Chemical Action Task Force created by the Houston Economic Summit (G-7) on 10 July 1990, Council Regulation (EEC) No 3677/90 of 13 December 1990 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances(2), established a system for reporting suspicious transactions. This system, which is based on close cooperation with operators, is reinforced through measures such as documentation and labelling, licensing and registration of operators as well as procedures and requirements governing exports.
(5) Following the European Union Action Plan on Drugs 2000 to 2004, endorsed by the European Council at Feira in June 2000, the Commission organised an assessment of the Community control system of trade in drug precursors to draw conclusions from the implementation of Community legislation in this field.
(6) According to that assessment and in order to improve the control mechanisms aiming at preventing diversion of drug precursors, it is necessary to extend monitoring requirements with regard to operators based within the Community facilitating trade between third countries, to introduce a Community approach with regard to procedures for granting licences and to strengthen monitoring requirements governing suspensive customs procedures.
(7) Procedures and requirements for exports should be further intensified to target and concentrate controls on the most sensitive drug precursors, whilst reducing excessive administrative burden through simplified procedures for exports of high volume substances. While the effectiveness and practicability of pre-export notifications is fully recognised, a strategy should be developed striving to exploit the system to the fullest extent possible.
(8) In order to address the heightened concern about the production of amphetamine-type stimulants, import control mechanisms for the main synthetic drug precursors should be further strengthened through common procedures and requirements allowing individual consignment-based controls to be carried out.
(9) So as to allow operators to fulfil these requirements, provisions governing external trade in drug precursors should, to the extent possible, be aligned with the provisions governing intra-Community trade in drug precursors wholly obtained or produced, or released for free circulation, in the Community.
(10) Taking account of the requirements of the internal market, and in the interests of this Regulation’s effectiveness, uniform application of the provisions should be ensured through adoption of comparable and converging means of action by Member States.
(11) Mutual assistance between the Member States and between the Member States and the Commission should be reinforced, in particular by recourse to Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters(3).
(12) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of preventing the diversion of drug precursors for the illicit manufacture of narcotic drugs or psychotropic substances to lay down rules for the thorough monitoring of trade between the Community and third countries of these substances. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty.
(13) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4).
(14) Regulation (EEC) No 3677/90 should therefore be repealed.
(15) This Regulation respects the fundamental rights and observes the principles recognised, in particular, by the Charter of Fundamental Rights of the European Union,
HAS ADOPTED THIS REGULATION:
CHAPTER I SUBJECT MATTER AND DEFINITIONS
Article 1
This Regulation lays down rules for the monitoring of trade between the [F3 Great BritainF3] and third countries [F4 or Northern IrelandF4] in certain substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances (hereinafter referred to as drug precursors) for the purpose of preventing the diversion of such substances. It applies to imports, exports and intermediary activities.
This Regulation shall be without prejudice to special rules in other fields pertaining to trade in goods between the [F3 Great BritainF3] and third countries [F4 or Northern IrelandF4] .
Article 2
For the purposes of this Regulation the following definitions shall apply:
‘ [F2 scheduled substance’ means any substance listed in the Annex that can be used for the illicit manufacture of narcotic drugs or psychotropic substances, including mixtures and natural products containing such substances, but excluding mixtures and natural products which contain scheduled substances and which are compounded in such a way that the scheduled substances cannot be easily used or extracted by readily applicable or economically viable means, [F5 medicinal products as defined in regulation 2 (medicinal products) of the Human Medicines Regulations and veterinary medicinal products as defined in regulation 2 of the Veterinary Medicines Regulations 2013 ; F5,F2]]
‘non-scheduled substance’ means any substance which, although not listed in the Annex, is identified as having been used for the illicit manufacture of narcotic drugs or psychotropic substances;
[F6 ‘import’ means any entry of scheduled substances having the status of non-domestic goods into [F7 Great Britain F7] ; F6]
[F8 ‘export’ means any departure of scheduled substances from [F9 Great Britain F9] ; F8]
‘intermediary activities’ means any activity to arrange purchase and sale or supply of scheduled substances carried out by any natural or legal person who aims to obtain agreement between two parties or to do so through acting on behalf of at least one of these parties without taking these substances into its possession or taking control of the carrying out of such transaction; this definition shall also include any activity carried out by any natural or legal person established in [F10 Great Britain F10] involving purchase and sale or supply of scheduled substances without these substances being introduced into [F10 Great Britain F10] ;
‘operator’ means any natural or legal person engaged in import, export of scheduled substances or intermediary activities relating thereto, including persons pursuing the activity of making customs declarations for clients on a self-employed basis, either as their principal occupation or as a secondary activity related to another occupation;
‘exporter’ means the natural or legal person chiefly responsible for export activities by virtue of the economic and legal relationship to the scheduled substances and to the consignee and, where appropriate, who lodges the customs declaration or on whose behalf the customs declaration is lodged;
‘importer’ means the natural or legal person chiefly responsible for the import activities by virtue of the economic and legal relationship to the scheduled substances and to the consignor and who lodges the customs declaration or on whose behalf the customs declaration is lodged;
‘ultimate consignee’ means any natural or legal person to which the scheduled substances are delivered; this person may be different from the end-user;
[F11 ‘natural product’ means—
an organism or a part thereof, in any form; or
a naturally occurring substance which is unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which is extracted from air by any means.F11]
‘International Narcotics Control Board’ means the Board established by the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol;
[F12 “ special Customs procedures ” means special Customs procedures within the meaning of section 3 of, and Schedule 2 to, the Taxation (Cross-border Trade) Act 2018 and “ a special Customs procedure ” is to be construed accordingly. F12]
CHAPTER II MONITORING OF TRADE
SECTION 1 Documentation and labelling
Article 3
[F2 All imports, exports or intermediary activities involving scheduled substances, with the exception of substances listed in Category 4 of the Annex, shall be documented by the operator by way of customs and commercial documents, such as summary declarations, customs declarations, invoices, cargo manifests, transport and other shipping documents.F2]
Those documents shall contain the following information:
the name of the scheduled substance as stated in the Annex, or, in the case of a mixture or a natural product, its name and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product, followed by the term ‘DRUG PRECURSORS’;
the quantity and weight of the scheduled substance and, in the case of a mixture or a natural product, the quantity, weight, and, if available, the percentage of any scheduled substance contained therein; and
the names and addresses of the exporter, the importer, the ultimate consignee and, where applicable, the person involved in the intermediary activities.
Article 4
The documentation referred to in Article 3 shall be kept by the operators for a period of three years from the end of the calendar year in which the operation took place. The documentation shall be organised in such a way, electronically or in paper form, that it is readily available for inspection by the competent authorities upon request. The documentation may be provided via image medium or other data medium, provided that the data, when made readable, match the documentation in appearance and content, are available at all times, can be made readable without delay and can be analysed by automated means.
[F2Article 5
Operators shall ensure that labels are affixed on any packaging containing scheduled substances, except substances listed in Category 4 of the Annex, indicating their name as stated in the Annex, or, in the case of a mixture or a natural product, its name and the name of any scheduled substance, except substances listed in Category 4 of the Annex, as stated in the Annex, contained in the mixture or in the natural product. Operators may, in addition, affix their customary labels.F2]
SECTION 2 Licensing and registration of operators
Article 6
[F2 1.Unless otherwise provided, operators established in [F13 Great BritainF13] , other than customs agents and transporters when acting solely in that capacity, engaged in import, export or intermediary activities involving scheduled substances listed in Category 1 of the Annex, shall hold a licence. The competent authority F14... shall issue the licence.
In considering whether to grant a licence, the competent authority shall take into account the competence and integrity of the applicant, in particular the absence of any serious infringement or repeated infringements of legislation in the field of drug precursors and the absence of a record of any serious criminal offence.
[F15 The Secretary of State may make regulationsF15] to set out the conditions for granting licences and for determining cases where a licence is not required.F2]
2.The licence may be suspended or revoked by the competent authorities whenever the conditions under which the licence was issued are no longer fulfilled or where there are reasonable grounds for suspecting that there is a risk of diversion of scheduled substances.
[F16 3.The Secretary of State must prescribe by regulations a model for licences.F16]
[F2Article 7
1.Unless otherwise provided, operators established in [F17 Great BritainF17] , other than customs agents and transporters when acting solely in that capacity, engaged in import, export or intermediary activities involving scheduled substances listed in Category 2 of the Annex, or in the export of scheduled substances listed in Category 3 of the Annex, shall hold a registration. The competent authority F18... shall issue the registration.
In considering whether to grant a registration, the competent authority shall take into account the competence and integrity of the applicant, in particular the absence of any serious infringement or repeated infringements of legislation in the field of drug precursors and the absence of a record of any serious criminal offence.
[F19 The Secretary of State may make regulationsF19] to set out the conditions for granting registrations and for determining cases where a registration is not required.
2.The competent authority may suspend or revoke the registration where the conditions under which the registration was issued are no longer fulfilled or where there are reasonable grounds for suspecting that there is a risk of diversion of scheduled substances.F2]
[F2Article 8
1.When the scheduled substances are entered into [F20 Great BritainF20] for unloading or transhipment, for temporary storage, for their storage in a free zone F21..., or for their placing under the external Union transit procedure, the licit purposes must be demonstrated by the operator, upon request by the competent authorities.
2.[F22 The Secretary of State may make regulationsF22] to establish the criteria to determine how the licit purposes of the transaction may be demonstrated, in order to ensure that all movements of scheduled substances within [F23 Great BritainF23] can be monitored by the competent authorities and the risk of diversion be minimised.F2]
SECTION 3 Provision of information
[F2Article 9
1.Operators established in [F24 Great BritainF24] shall notify the competent authorities immediately of any circumstances, such as unusual orders and transactions involving scheduled substances, which suggest that such substances intended for import, export or intermediary activities might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances.
To that end, operators shall provide any available information, such as:
(a)the name of the scheduled substance;
(b)the quantity and weight of the scheduled substance;
(c)the names and addresses of the exporter, the importer, the ultimate consignee and, where applicable, the person involved in the intermediary activities.
That information shall only be collected for the purposes of preventing the diversion of scheduled substances.
2.Operators shall provide the competent authorities with information in summary form about their export, import or intermediary activities.
[F25 The Secretary of State may set outF25] the information that is required by the competent authorities in order to allow them to monitor those activities.
F26...F2]
Article 10
[F27 1.In order to facilitate cooperation between the competent authorities, operators established in [F28 Great BritainF28] and the chemical industry, in particular as regards non-scheduled substances, the Secretary of State must draw up and update guidelines.F27]
2.These guidelines shall provide, in particular:
(a)information on how to identify and notify suspect transactions;
(b)a regularly updated list of non-scheduled substances to enable the industry to monitor on a voluntary basis the trade in such substances.
3.The competent authorities shall ensure that the guidelines are regularly disseminated in accordance with the objectives of these guidelines.
[F29 4.In order to respond rapidly to new diversion trends, [F30 the Secretary of State mayF30] add a non-scheduled substance to the list referred to in paragraph 2(b) in order to temporarily monitor its trade. Detailed arrangements and criteria for the inclusion or deletion from that list shall be specified in the guidelines referred to in paragraph 1.
5.If voluntary monitoring by the industry is considered insufficient to prevent the use of a non-scheduled substance for the illicit manufacture of narcotic drugs or psychotropic substances, the [F31 Secretary of State may by regulationsF31] add the non-scheduled substance to the Annex F32....F29]
SECTION 4 Pre-export notification
Article 11
[F2 1.All exports of scheduled substances listed in Categories 1 and 4 of the Annex and exports of scheduled substances listed in Categories 2 and 3 of the Annex to certain countries of destination shall be preceded by a pre-export notification sent from the competent authorities F33... to the competent authorities of the country of destination [F34 or Northern IrelandF34] , in accordance with Article 12(10) of the United Nations Convention. [F35 The Secretary of State may make regulationsF35] determine the lists of the countries of destination [F36 which may include Northern Ireland,F36] for export of scheduled substances listed in Categories 2 and 3 of the Annex in order to minimise the risk of diversion of scheduled substances.F2]
The country of destination [F34 or Northern IrelandF34] shall be allowed a period of 15 working days to reply, at the end of which the export operation may be authorised by the competent authorities F37..., if no advice from the competent authorities of the country of destination is received indicating that this export operation might be intended for the illicit manufacture of narcotic drugs or psychotropic substances.
2.In the case of the scheduled substances to be notified in accordance with paragraph 1, the competent authorities F38... shall, prior to the export of such substances, supply the information specified in Article 13(1) to the competent authorities of the country of destination.
The [F39 Secretary of StateF39] supplying such information shall require the authority in the third country [F40 or Northern IrelandF40] receiving the information to keep confidential any trade, business, commercial or professional secret or any trade process referred to therein.
[F2 3.Simplified pre-export notification procedures may be applied by the competent authorities where they are satisfied that this will not result in any risk of diversion of scheduled substances. [F41 The Secretary of State may make regulationsF41] to determine such procedures and to establish the common criteria to be applied by the competent authorities.F2]
SECTION 5 Export authorisation
Article 12
1.Exports of scheduled substances that require a customs declaration, including exports of scheduled substances leaving [F42 Great BritainF42] following their storage [F43 under a special customs procedureF43] for a period of at least 10 days, shall be subject to an export authorisation.
Where scheduled substances are re-exported within 10 days from the date of their placing into a [F44 special customs procedureF44] an export authorisation shall not be required.
[F2 However, exports of scheduled substances listed in Category 3 of the Annex shall only be subject to an export authorisation where pre-export notifications are required.F2]
2.Export authorisations shall be issued by the competent authorities F45....
Article 13
1.The application for export authorisations referred to in Article 12 shall contain at least the following:
(a)the names and addresses of the exporter, the importer in the third country [F46 or Northern IrelandF46] , any other operator involved in the export operation or shipment, and the ultimate consignee;
(b)the name of the scheduled substance as stated in the Annex or, in the case of a mixture or a natural product, its name and eight-digit CN code and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product;
(c)the quantity and weight of the scheduled substance and, in the case of a mixture or a natural product, the quantity, weight, and, if available, the percentage of any scheduled substance contained therein;
(d)details of the transport arrangements, such as the expected date of dispatch, method of transport, name of the customs office where the customs declaration is to be made and, where available at this stage, identification of the means of transport, itinerary, expected point of exit from [F47 Great BritainF47] and the point of entry into the importing country [F48 or Northern IrelandF48] ;
(e)in the cases referred to in Article 17, a copy of the import authorisation issued by the country of destination [F49 or Northern IrelandF49] ; and
(f)the number of the licence or registration referred to in Articles 6 and 7.
[F29 An application for an export authorisation for exports of scheduled substances listed in Category 4 of the Annex shall contain the information set out in points (a) to (e) of the first subparagraph.F29]
2.A decision on the application for an export authorisation shall be taken within a period of 15 working days from the date on which the competent authority considers the file to be complete.
That period shall be extended if, in the cases referred to in Article 17, the competent authorities are obliged to make further enquiries under the second subparagraph of that Article.
Article 14
1.If the details of the itinerary and means of transport are not provided in the application, the export authorisation shall state that the operator must supply those details to the customs office of exit or other competent authorities at the point of exit from [F50 Great BritainF50] before the physical departure of the consignment. In such cases the export authorisation shall be annotated accordingly at the time of issue.
F51...
2.The export authorisation shall be presented to the customs office when the customs declaration is made, or in the absence of a customs declaration, at the customs office of exit or other competent authorities at the point of exit from [F50 Great BritainF50] . The authorisation shall accompany the consignment to the third country of destination [F52 or Northern IrelandF52] .
The customs office of exit or other competent authorities at the point of exit from [F50 Great BritainF50] shall insert the necessary details referred to in Article 13(1)(d) in the authorisation and affix its stamp thereon.
Article 15
Without prejudice to measures adopted in accordance with Article 26(3), the granting of the export authorisation shall be refused if:
details supplied in accordance with Article 13(1) are incomplete;
there are reasonable grounds for suspecting that the details supplied in accordance with Article 13(1) are false or incorrect;
in the cases referred to in Article 17, it is established that the import of the scheduled substances has not been authorised by the competent authorities of the country of destination [F53 or Northern IrelandF53] , or
there are reasonable grounds for suspecting that the substances in question are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
Article 16
The competent authorities may suspend or revoke an export authorisation whenever there are reasonable grounds for suspecting that the substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
[F54Article 17
Whenever, under an agreement between the United Kingdom and a third country, exports are not to be authorised unless an import authorisation has been issued by the competent authorities of that third country [F55 or the competent authorities of Northern IrelandF55] for the substances in question, the competent authorities in [F56 Great BritainF56] shall satisfy themselves as to the authenticity of such import authorisation, if necessary by requesting confirmation from the competent authority of the third country [F55 or the competent authorities of Northern IrelandF55] .F54]
Article 18
The period of validity of the export authorisation within which the goods must have left [F57 Great BritainF57] shall not exceed six months from the date of issue of the export authorisation. Under exceptional circumstances, the period of validity may be extended, upon request.
[F2Article 19
Simplified procedures to grant an export authorisation may be applied by the competent authorities where they are satisfied that this will not result in any risk of diversion of scheduled substances. [F58 The Secretary of State mayF58] determine such procedures and to establish the common criteria to be applied by the competent authorities.F2]
SECTION 6 Import authorisation
Article 20
Imports of scheduled substances listed in Category 1 of the Annex shall be subject to an import authorisation. An import authorisation may only be granted to an operator established in [F59 Great BritainF59] . The import authorisation shall be issued by the competent authorities F60....
[F2 However, where the substances referred to in the first paragraph are unloaded or transhipped, under temporary storage, [F61 orF61] stored in a free zone F62..., such import authorisation shall not be required.F2]
Article 21
1.The application for the import authorisations referred to in Article 20 shall contain at least the following:
(a)the names and addresses of the importer, the exporter of the third country [F63 or Northern IrelandF63] , any other operator involved and the ultimate consignee;
(b)the name of the scheduled substance as stated in the Annex or, in the case of a mixture or a natural product, its name and the eight-digit CN code and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product;
(c)the quantity and weight of the scheduled substance and, in the case of a mixture or a natural product, the quantity, weight, and, if available, the percentage of any scheduled substance contained therein;
(d)if available, details of the transport arrangements, such as methods and means of transport, and date and place of envisaged import activities, and
(e)the number of the licence or registration referred to in Articles 6 and 7.
2.A decision on the application for an import authorisation shall be taken within a period of 15 working days from the date on which the competent authority considers the file to be complete.
Article 22
The import authorisation shall accompany the consignment from the point of entry into [F64 Great Britain.F64] to the premises of the importer or ultimate consignee.
The import authorisation shall be presented to the customs office when the scheduled substances are declared for a customs procedure.
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 23
Without prejudice to measures adopted in accordance with Article 26(3), the granting of the import authorisation shall be refused if:
details supplied in accordance with Article 21(1) are incomplete;
there are reasonable grounds for suspecting that the details supplied in accordance with Article 21(1) in the application are false or incorrect, or
there are reasonable grounds for suspecting that the scheduled substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
Article 24
The competent authorities may suspend or revoke the import authorisation whenever there are reasonable grounds for suspecting that the substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
Article 25
The period of validity of the import authorisation within which the scheduled substances must have been entered into [F66 Great BritainF66] shall not exceed six months from the date of issue of the import authorisation. Under exceptional circumstances, the period of validity may be extended, upon request.
CHAPTER III POWERS OF COMPETENT AUTHORITIES
Article 26
[F2 1.Without prejudice to Articles 11 to 25 and to paragraphs 2 and 3 of this Article, the competent authorities F67... shall prohibit the introduction of scheduled substances into [F68 Great BritainF68] or their departure from it, where there are reasonable grounds for suspecting that such substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.F2]
2.The competent authorities shall detain or suspend release of the scheduled substances for the time necessary to verify the identification of the scheduled substances or compliance with the rules of this Regulation.
F693.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F29 3a.The competent authorities F70... shall prohibit the introduction of consignments of non-scheduled substances into [F71 Great BritainF71] or their departure from it where there is sufficient evidence that those substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
F72...
Those substances shall be considered as proposed for inclusion in the list of non-scheduled substances referred to in point (b) of Article 10(2).F29]
F733b.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F744.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.The competent authorities may require the operators to pay a fee for the issuing of licences, registrations and authorisations. Such fees shall be levied in a non-discriminatory way and shall not exceed the approximate cost of processing the application.
[F75 Such fees shall be prescribed in regulations made by the Secretary of State.F75]
F76CHAPTER IV
F76Article 27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER V [F2DELEGATED AND IMPLEMENTING ACTSF2]
[F2Article 28
In addition to the measures referred to in Article 26, the [F77 Secretary of State may by regulations make provisionF77] to ensure the effective monitoring of trade between [F78 Great BritainF78] and third countries [F79 or Northern IrelandF79] in drug precursors, in particular with regard to the design and use of export and import authorisation forms, for the purpose of preventing the diversion of drug precursors. F80...F2]
F81Article 29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82Article 30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F29Article 30a
[F83 The Secretary of State may by regulations make provision to amendF83] the Annex hereto [F84 to adaptF84] to new trends in diversion of drug precursors, in particular substances which can be easily transformed into scheduled substances, and to follow any amendment to the tables in the Annex to the United Nations Convention.F29]
[F85Article 30b
A power of the Secretary of State to make regulations under this Regulation is to be exercisable by statutory instrument which may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Regulations may make different provision for different purposes and may include such incidental, supplemental, consequential, transitional, transitory or saving provision as the Secretary of State considers appropriate.F85]
CHAPTER VI FINAL PROVISIONS
F86Article 31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F87Article 32
The Secretary of State must draw up a report annually summarising all relevant information on the implementation of the monitoring measures laid down in this Regulation, in particular as regards the substances used for the illicit manufacture of narcotic drugs or psychotropic substances and methods of diversion and illicit manufacture, and their licit trade. The report must be submitted by the Secretary of State to the International Narcotics Control Board in accordance with Article 12(12) of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988.F87]
F88Article 32a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89Article 33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 34
Regulation (EEC) No 3677/90 is repealed with effect from 18 August 2005.
References to the repealed Regulation shall be construed as references to this Regulation.
Article 35
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
It shall apply from 18 August 2005. However, Articles 6(1), 7(2), 8(2), 9(2), 11(1) and (3), 12(1), 19, 28 and 30 shall apply as from the day of entry into force of this Regulation in order to permit the adoption of the measures provided for in those Articles. Such measures shall enter into force at the earliest on 18 August 2005.
F90 ...
ANNEX
[F2List of scheduled substancesF2]
| Category 1 | |||
| [F91 Substance | CN designation(if different) | CN Code (1) | CAS No (2) |
|---|---|---|---|
(1)
OJ No. L 290, 28.10.2002, p. 1. |
|||
(2)
The CAS No is the ‘Chemical abstracts service registry number’, which is a unique numeric identifier specific to each substance and its structure. The CAS No is specific to each isomer and to each salt of each isomer. The CAS Nos for the salts of the substances listed above will be different from those given. |
|||
(3)
Also named (+)-norpseudoephedrine, CN code 2939 43 00, CAS No 492-39-7. |
|||
(4)
Also known as ethyl 3-oxo-2-phenylbutanoate, according to The International Union of Pure and Applied Chemistry (IUPAC). |
|||
(5)
Also known as methyl 2-(2H-1,3-benzodioxol-5-yl)-3-oxobutanoate, according to IUPAC. |
|||
(6)
And its ethyl, methyl (CAS No 80532-66-7), propyl, isopropyl, butyl, isobutyl, sec-butyl and tert-butyl esters, with the same CN code as BMK glycidic acid. |
|||
(7)
And its ethyl (CAS No 28578-16-7), methyl (CAS No 13605-48-6), propyl, isopropyl, butyl, isobutyl, sec-butyl and tert-butyl esters, with the same CN code as PMK glycidic acid. |
|||
(8)
Also known as 5-[2-(1,3-benzodioxol-5-yl)acetyl]–2,2-dimethyl–1,3-dioxane–4,6-dione, according to IUPAC.F91] |
|||
| 1-Phenyl-2-propanone | Phenylacetone | 2914 31 00 | 103-79-7 |
| Diethyl (phenylacetyl) propanedioate (also referred to as DEPAPD) | 2918 30 00 | 20320-59-6 | |
| Methyl alpha -phenylacetoacetate (also referred to as MAPA) | 2918 30 00 | 16648-44-5 | |
| Ethyl alpha-phenylacetoacetate (also referred to as EAPA) (4) | Ex 2918 30 00 | 5413-05-8 | |
| 2-methyl-3-phenyloxirane-2-carboxylic acid (also referred to as BMK glycidic acid) (6) | 2918 99 90 | 25547-51-7 | |
| N-acetylanthranilic acid | 2-Acetamidobenzoic acid | 2924 23 00 | 89-52-1 |
| Alpha-phenylacetoacetamide (also referred to as APAA) | 2924 29 70 | 4433-77-6 | |
| Alpha-phenylacetoacetonitrile (also referred to as APAAN) | 2926 40 00 | 4468-48-8 | |
| Isosafrol (cis+trans) | 2932 91 00 | 120-58-1 | |
| 3,4-Methylenedioxyphenylpropan-2-one | 1-(1,3-Benzodioxol-5-yl)propan-2-one | 2932 92 00 | 4676-39-5 |
| Piperonal | 2932 93 00 | 120-57-0 | |
| Safrole | 2932 94 00 | 94-59-7 | |
| Methyl 3-oxo-2-(3,4-methylenedioxyphenyl)butanoate (also referred to as MAMDPA) (5) | Methyl 3-oxo-2-(3,4-methylenedioxyphenyl)butanoate | Ex 2932 99 00 | 1369021-80-6 |
| 3-(1,3-benzodioxol-5-yl)-2-methyl-oxirane-2-carboxylic acid (also referred to as PMK glycidic acid) (7) | 2932 99 00 | 2167189-50-4 | |
| Isopropylidene (2-(3,4-methylenedioxyphenyl)acetyl)malonate (also referred to as IMDPAM) (8) | IMDPAM | 2932 99 00 | |
| N-phenyl-1-(2-phenylethyl)piperidin-4-amine | 4-anilino-N- phenethylpiperidine (ANPP) | 2933 36 00 | 21409-26-7 |
| 1-(2-phenylethyl)piperidin-4-one | N-phenethyl-4-piperidone (NPP) | 2933 37 00 | 39742-60-4 |
| N-phenylpiperidin-4-amine (also referred to as 4-AP) | 2933 39 99 | 23056-29-3 | |
| Tert-butyl 4-anilinopiperidine-1-carboxylate (also referred to as 1-boc-4-AP) | 2933 39 99 | 125541-22-2 | |
| N-phenyl-N-(piperidin-4-yl)propanamide (also referred to as norfentanyl) | 2933 39 99 | 1609-66-1 | |
| 4-piperidone | Piperidin-4-one | 2933 39 99 | 41661-47-6 |
| 1-boc-4-piperidone | tert-butyl 4-oxopiperidine-1-carboxylate | 2933 39 99 | 79099-07-3 |
| Ephedrine | 2939 41 00 | 299-42-3 | |
| Pseudoephedrine | 2939 42 00 | 90-82-4 | |
| Norephedrine | 2939 44 00 | 14838-15-4 | |
| Ergometrine | 2939 61 00 | 60-79-7 | |
| Ergotamine | 2939 62 00 | 113-15-5 | |
| Lysergic acid | 2939 63 00 | 82-58-6 | |
| (1R,2S)-(-)-chloroephedrine | 2939 79 90 | 110925-64-9 | |
| (1S,2R)-(+)-chloroephedrine | 2939 79 90 | 1384199-95-4 | |
| (1S,2S)-(+)-chloropseudoephedrine | 2939 79 90 | 73393-61-0 | |
| (1R,2R)-(-)-chloropseudoephedrine | 2939 79 90 | 771434-80-1 | |
| The stereoisomeric forms of the substances listed in this Category not being cathine (3) whenever the existence of such forms is possible. | |||
| The salts of the substances listed in this Category whenever the existence of such salts is possible and not being the salts of cathine. | |||
| Category 2 | |||
| [F92 Substance | CN designation (if different) | CN Code (1) | CAS No (2) |
|---|---|---|---|
(1)
OJ No. L 290, 28.10.2002, p. 1. |
|||
(2)
The CAS No is the ‘Chemical abstracts service registry number’, which is a unique numeric identifier specific to each substance and its structure. The CAS No is specific to each isomer and to each salt of each isomer. The CAS Nos for the salts of the substances listed above will be different from those given.F92] |
|||
| Red phosphorus | 2804 70 10 | 7723-14-0 | |
| Acetic anhydride | 2915 24 00 | 108-24-7 | |
| Phenylacetic acid | 2916 34 00 | 103-82-2 | |
| Anthranilic acid | 2922 43 00 | 118-92-3 | |
| Piperidine | 2933 32 00 | 110-89-4 | |
| Potassium permanganate | 2841 61 00 | 7722-64-7 | |
| The salts of the substances listed in this Category whenever the existence of such salts is possible. | |||
| Category 3 | |||
a OJ L 290, 28.10.2002, p. 1. |
|||
b The CAS No is the ‘Chemical abstracts service registry number’, which is a unique numeric identifier specific to each substance and its structure. The CAS No is specific to each isomer and to each salt of each isomer. It must be understood that the CAS Nos for the salts of the substances listed above will be different from those given. |
|||
| Substance | CN designation(if different) | CN Code a | CAS No b |
|---|---|---|---|
| Hydrochloric acid | Hydrogen chloride | 2806 10 00 | 7647-01-0 |
| Sulphuric acid | [F93 2807 00 00F93] | 7664-93-9 | |
| Toluene | 2902 30 00 | 108-88-3 | |
| Ethyl ether | Diethyl ether | 2909 11 00 | 60-29-7 |
| Acetone | 2914 11 00 | 67-64-1 | |
| Methylethylketone | Butanone | 2914 12 00 | 78-93-3 |
| The salts of the substances listed in this Category whenever the existence of such salts is possible and not being the salts of hydrochloric acid and sulphuric acid. | |||
| [F29 Category 4 | ||
| Substance | CN designation (if different) | CN Code |
|---|---|---|
| Medicinal products and veterinary medicinal products containing ephedrine or its salts | Containing ephedrine or its salts | [F94 3003 41 00F94] [F95 3004 41 00F95] |
| Medicinal products and veterinary medicinal products containing pseudo-ephedrine or its salts | Containing pseudoephedrine (INN) or its salts | [F96 3003 42 00F96] [F97 3004 42 00F97,F29,F1]]] |
OJ L 326, 24.11.1990, p. 56.
OJ L 357, 20.12.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 1232/2002 (OJ L 180, 10.7.2002, p. 5).
OJ L 82, 22.3.1997, p. 1. Regulation as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
OJ L 184, 17.7.1999, p. 23.
OJ L 326, 24.11.1990, p. 56.
OJ L 357, 20.12.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 1232/2002 (OJ L 180, 10.7.2002, p. 5).
OJ L 82, 22.3.1997, p. 1. Regulation as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
OJ L 184, 17.7.1999, p. 23.