This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOMMISSION REGULATION (EEC) No 3769/92
of 21 December 1992
implementing and amending Council Regulation (EEC) No 3677/90 laying down measures to be
taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs
and psychotropic substances
(OJ L 383, 29.12.1992, p. 17)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 2959/93 of 27 October 1993 L 267 8 28.10.1993
Corrected by:
"C1 Corrigendum, OJ L 3, 5.1.1994, p. 8 (2959/93)1992R3769 — EN — 17.11.1993 — 001.001 — 1
COMMISSION REGULATION (EEC) No 3769/92
of 21 December 1992
implementing and amending Council Regulation (EEC) No 3677/90
laying down measures to be taken to discourage the diversion of
certain substances to the illicit manufacture of narcotic drugs and
psychotropic substances
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to 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 (1), as amended by Regulation (EEC) No
900/92 (2), and in particular Article 10 (3) thereof,
Whereas it is necessary to lay down implementing rules for Regulation
(EEC) No 3677/90, hereinafter referred to as ‘the basic Regulation’;
Whereas the threshold quantities of the scheduled substances listed in
Category 3 of the Annex to the basic Regulation and the identification of
mixtures containing such substances should be defined for the purpose of
Article 2a (2) of the basic Regulation;
Whereas it is necessary to identify the countries and substances pursuant
to Article 5 (2) of the basic Regulation, in particular, on the basis of a
concerted approach with the country concerned;
Whereas, in certain cases, when there is no formal agreement with the
destination country within the meaning of Article 5a (2) of the basic
Regulation, the export requirements for scheduled substances in
Category 3 must be identified, in particular, on the basis of a concerted
approach with the country concerned;
Whereas the identification of sensitive destinations has to take place on
the basis that a country is concerned, either by the illicit manufacture of
narcotic drugs and psychotropic substances or by other relevant factors
such as geographical proximity to a country in which such drugs or
substances are produced;
Whereas the Commission undertakes to establish such contacts with a
number of countries; the lists in Annexes 2 and 3 to this Regulation
should therefore be gradually supplemented to the extent that such
contacts lead to concrete results;
Whereas it is necessary to design a model of the individual export
authorization as well as detailed rules concerning its use and furthermore
to establish such rules for implementing the open individual auth-
orization scheme provided for in relation to certain exports of Category 2
and 3 substances;
Whereas the Community should implement the decision taken by the
Commission on Narcotic Drugs (CND) of the United Nations in April
1992 to include the substances safrole, piperonal and isosafrole in Table I
of the Annex to the 1988 UN Convention against illicit traffic in narcotic
drugs and psychotropic substances, by transferring the said substances
from Category 2 to Category 1 in the Annex to the basic Regulation and
for reasons of clarity the Annex to the basic Regulation should therefore
be replaced; the decision was based on the grounds that the char-
acteristics of the said substances are very similar to those already
contained in Table I as well as those in Category 1 of the Final Report of
the Chemical Action Task Force (CATF), and the CATF members
represented in the CND have fully shared the decision as an exceptional!B
(1) OJ No L 357, 20. 12. 1990, p. 1.
(2) OJ No L 96, 10. 4. 1992, p. 1.1992R3769 — EN — 17.11.1993 — 001.001 — 2
measure relating to international trade which would provide no precedent
as to other possible divergences with regard to the classification under
the CATF report;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Drugs Precursors Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Exemptions from the registration requirement for
scheduled substances listed in Category 3
1. Operators engaged in the export of scheduled substances listed in
Category 3 of the Annex to the basic Regulation shall be exempt from
the registration requirement laid down in Article 2a (2) of the basic
Regulation if the sum of quantities concerned by their exports during the
course of the preceding calendar year (1 January — 31 December) does
not exceed the amounts specified in Annex 1 to this Regulation.
However, as soon as such amounts are exceeded within the current
calendar year, the registration requirement must be complied with
immediately.
2. In the case of mixtures within the meaning of the first sentence of
Article 1 (2) (a) of the basic Regulation, containing substances listed in
Category 3, operators shall be exempt from the registration requirement
referred to in paragraph 1 of this Article if the amount of the scheduled
substance contained therein does not exceed, during the course of the
preceding calendar year, the amounts referred to in the said paragraph 1.
However, as soon as such amounts are exceeded within the current
calendar year, the registration requirement must be complied with
immediately.
3. For the purpose of creating the register, those operators whose
exports of Category 3 substances during 1992 have exceeded the
amounts specified in Annex 1, and who intend to continue to export
those substances, are required to register with the competent authorities
and notify the information referred to in Article 2a (2) of the basic
Regulation by 31 January 1993.
Article 2
Specific export requirements for substances in
Category 2
Pursuant to Article 5 (2) of the basic Regulation, exports of scheduled
substances in Category 2 and listed in Annex 2 to this Regulation are
subject mutatis mutandis to the provisions of Article 4 of the basic
Regulation whenever they are destined to an operator established in a
country which is listed in that Annex.
Article 3
Specific export requirements for substances in
Category 3
Without prejudice to more specific requirements to be determined on the
basis of agreements with countries concerned, exports of scheduled
substances in Category 3 are subject to the provisions of Article 4 of the
basic Regulation whenever they are destined to an operator established in
a country which is listed in Annex 3 to this Regulation for the substance
concerned pursuant to Article 5a (2) of the basic Regulation and an open
individual authorization cannot be granted pursuant to paragraph 3 of
that Article.!B1992R3769 — EN — 17.11.1993 — 001.001 — 3
Article 4
Model export authorization
1. The export authorization referred to in Article 4 of the basic
Regulation shall be made out on the form, a specimen of which is given
in Annex 4 to this Regulation. It shall be used in compliance with the
rules established therein. This form shall be printed in one or more of the
official languages of the Community. Export authorizations shall be
made out in one of these languages and in accordance with the provisions
of the domestic law of the exporting State; if they are hand-written, they
shall be completed in ink in capital letters.
2. The export authorization forms shall be A4 format. It shall have a
printed guilloche pattern background making any falsification by
mechanical or chemical means apparent to the eye.
3. Member States may reserve the right to print the export authorization
forms themselves or may have them printed by printers approved by
them. In the latter case, each export authorization form must include a
reference of such approval. In addition, the export authorization form
must bear the name and address of the printer or a mark by which the
printer can be identified. It shall also bear a serial number, whether or not
printed, by which it can be identified.
4. The authorization shall be established in three copies numbered 1 to
3: No 1 is to be kept by the authority issuing the authorization, No 2 is to
accompany the goods and be presented to the customs office where the
customs export declaration is lodged and subsequently to the customs
office at the point of exit of the scheduled substances from the
Community customs territory, and No 3 is to be kept by the operator to
whom the authorization has been granted. Further copies may be
provided as required.
Article 5
Open individual authorizations
1. Each applicant for an open individual authorization under Articles 5
(3) and 5a (3) of the basic Regulation shall provide to the competent
authorities in particular the following information:
(a) details of his qualifications and professional experience in the field
covered by this Regulation and, in the case of a legal person, the
name, relevant qualifications and professional experience of the
director or the person responsible for ensuring that exports of
scheduled substances are carried out in compliance with the
provisions of this Regulation;
(b) details in summary form of export transactions in the scheduled
substances concerned which he has made in the twelve months
preceding the application, specifying in the case of each substance,
the total number of transactions and the amounts exported to each
country for which an export authorization is required;
(c) details of the precautions he has taken to prevent the diversion of
scheduled substances to the illicit manufacture of narcotic drugs and
psychotropic substances, and in particular, the arrangements for
complying with Article 3 of the basic Regulation.
2. Without prejudice to technical enforcement measures, the auth-
orization referred to in paragraph 1 above shall be suspended or revoked
pursuant to Articles 5 (3) and 5a (3) of the basic Regulation, or refused,
in particular, if:
(a) there are reasonable grounds for suspecting that the information
supplied in compliance with the obligations under the said paragraph
1 is incorrect;
(b) there are reasonable grounds for suspecting that the precautions
taken are not sufficient to prevent the diversion of scheduled
substances to the illicit manufacture of narcotic drugs and psycho-
tropic substances or for believing that the operator or the person!B1992R3769 — EN — 17.11.1993 — 001.001 — 4
responsible in the case of a legal person, does not provide sufficient
safeguard against the risk of diversion.
3. Notwithstanding the existence of the authorization referred to in
paragraph 1 above, individual export operations undertaken under the
cover of this authorization may be prohibited by the competent
authorities pursuant to Article 6 (2) of the basic Regulation.
4. Without prejudice to the obligations under Article 2 of the basic
Regulation, the holder of the authorization referred to in paragraph 1
above shall comply with following obligations:
(a) enter the number of this authorization in any relevant customs export
declaration;
(b) carry out the entry into the records referred to in Article 2 (3) of the
basic Regulation at the latest when the consignment leaves the
premises of the supplier for their exportation;
(c) whenever the previous issue of an import authorization by the
destination country is a requirement for the issue of the export
authorization, the entry shall contain the number (if any) and place
and date of issue of the import permit issued by the destination
country; a copy of this permit shall be retained in compliance with
Article 2 (4) of the basic Regulation;
(d) ensure that the consignment is accompanied at any time during the
transport by a copy of the authorization referred to in paragraph 1
which is submitted to the customs office at the point of exit from the
Community customs territory and kept by the latter for a period of
not less than three years from the end of the calendar year in which
the exportation took place;
(e) furnish, by the end of each quarter, summary information on the
export operations carried out under the authorization. The content of
the summary to be determined in detail by the competent authority
of the Member State in question shall contain, as a minimum,
information on the number of operations, the substances, quantities,
and destination countries involved. In case that this information is
not supplied, the authorization may be suspended or revoked;
(f) inform the issuing authority of any change occurring with regard to
the information supplied pursuant to paragraph 1, or such of it as
may be specified by that authority for this purpose.
5. The form of the open individual authorization referred to in
paragraph 1 shall conform to the specifications which are given in
Annex 5.!B1992R3769 — EN — 17.11.1993 — 001.001 — 5
Article 6
Scheduled substances
The Annex to the basic Regulation is replaced by the following:
‘ANNEX
SubstanceCN denomination
(if different)CN code
CATEGOR Y 1
Ephedrine 2939 40 10
Ergometrine 2939 60 10
Ergotamine 2939 60 30
Lysergic acid 2939 60 50
1-phenyl-2-propanone Phenylacetone 2914 30 10
Pseudoephedrine 2939 40 30
Acetylanthranilic acid 2-Acetamidobenzoic acid 2924 29 50
3,4 Methylenedioxyphenylpro-
pan-2-one 2932 90 77
Isosafrole (cis + trans) 2932 90 73
Piperonal 2932 90 75
Safrole 2932 90 71
The salts of the substances listed in this Category whenever the existence of such
salts is possible.
CATEGOR Y 2
Acetic anhydride 2915 24 00
Anthranilic acid 2922 49 50
Phenylacetic acid 2916 33 00
Piperidine 2933 39 30
The salts of the substances listed in this Category whenever the existence of such
salts is possible.
CATEGOR Y 3
Acetone 2914 11 00
Ethyl ether Diethyl ether 2909 11 00
Methylethyl ketone (MEK) Butanone 2914 12 00
Toluene 2902 30 10/90
Potassium permanganate 2841 60 10
Sulphuric acid 2807 00 10
Hydrochloric acid Hydrogen chloride 2806 10 00
The salts of the substances listed in this Category except for sulphuric acid and
hydrochloric acid whenever the existence of such salts is possible.’
Article 7
This Regulation shall enter into force on 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1992R3769 — EN — 17.11.1993 — 001.001 — 6
ANNEX I
Substance Quantity
Acetone 50 kgs
Ethyl ether 20 kgs
Methylethyl ketone 50 kgs
Toluene 50 kgs
Potassium permanganate 5 kgs
Sulphuric acid 100 kgs
Hydrochloric acid 100 kgs!B1992R3769 — EN — 17.11.1993 — 001.001 — 7
ANNEX II
Substance Destination
"C1Acetic anhydride 3 Colombia
Guatemala
Hong Kong
India
Iran
Lebanon
Malaysia
Myanmar (Burma)
Singapore
Syria
Thailand
Turkey!M11992R3769 — EN — 17.11.1993 — 001.001 — 8
ANNEX III
Substance Destination
Methylethyl ketone (MEK)
Toluene
Potassium permanganate
Sulphuric acid
(1)Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
El Salvador
Ecuador
Guatemala
Honduras
Hong Kong
Panama
Paraguay
Peru
Syria
Thailand8
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>><
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>:Uruguay
Acetone
Ethyl ether
Hydrochloric acid
(
1)Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
El Salvador
Ecuador
Guatemala
Honduras
Hong Kong
Iran
Libanon
Myanmar (Burma)
Panama
Paraguay
Peru
Singapore
Syria
Thailand
Turkey8
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>><
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>:Uruguay
(1) This includes the salts of these substances, except for sulphuric acid and hydrochloric
acid, whenever the existence of such salts is possible.!M11992R3769 — EN — 17.11.1993 — 001.001 — 9
ANNEX IV
INDIVIDUAL AUTHORIZATION FOR EXPORT OF SUBSTANCES LISTED IN THE ANNEX TO
REGULATION (EEC) No 3677/90
!B1992R3769 — EN — 17.11.1993 — 001.001 — 10
!B1992R3769 — EN — 17.11.1993 — 001.001 — 11
!B1992R3769 — EN — 17.11.1993 — 001.001 — 12
NOTES
1. Boxes 1, 3, 4 and 6 to 18 inclusive are to be completed by the applicant at
the time of the request; however, such information as required in boxes 9 to
12 and 17 may be supplied at a later stage, if the information is not known
at the time of the request. In this case, the information for box 17 is to besupplemented at the latest when the export declaration is lodged and thesupplementary information for boxes 9 to 12 is to be given to the customs
or other authority at the point of exit from the Community territory at the
latest before the physical departure of the goods.
2. Boxes 1, 4, 6 and 8: Enter full names and addresses as well as trading
names.
3. Box 6: Enter full name and address of any other operator involved in the
export operation such as transporter, broker, customs agent.
4. Box 8: Enter full name and address of the person or company to which the
goods are delivered in the country of destination (not necessarily theend-user).
5. Boxes 9 and 10: Give the name of the port, airport or border point as
appropriate.
6. Box 11: Specify all means of transport to be used (e.g. lorry, ship, plane,
train, etc).
7. Box 12: Give as full details as possible of the route to be taken.8. Boxes 13 and 14: Enter both, name of substance and CN code, as set out in
the Annex to the basic Regulation.
9. Boxes 13a, b: Identify packages and substances with precision (e.g. 2 cans
of 5 litres each). In the case of mixtures, indicate commercial name and thequantitative data concerned.
10. Box 18:
— Indicate in block letters the name of the applicant or, where
appropriate, of his authorized representative who signs this appli-cation.
— The signature by the applicant or his authorized representative,
according to the modalities provided for by the Member Stateconcerned, shall indicate that the person concerned is declaring that
all the particulars provided on the application are correctly and fully
stated. Without prejudice to the possible application of penalprovisions, this declaration shall be equivalent to the engagement ofresponsibility, under the provisions in force in the Member States, in
respect of:
— the accuracy of the information given in the declaration,
— the authenticity of any documents attached, and— the observance of all the obligations inherent in the exportation
of scheduled substances listed in the Annex of Regulation (EEC)No 3677/90 as amended by Regulation (EEC) No 900/92.
— Whenever the authorization is issued by means of a computerized
procedure, that authorization may not contain the signature of the
applicant in this box, if the application as such contains such
signature.!
B1992R3769 — EN — 17.11.1993 — 001.001 — 13
ANNEX V
The open individual authorization for export of substances listed in
Categories 2 and 3 of the Annex to Regulation (EEC) No 3677/90
1. The open individual authorization form is the same as that referred to in
Annex IV .
2. It shall bear, across the whole page, the words:
Licencia genérica individual
Åben individuel eksporttilladelse
Offene EinzelgenehmigungΑν/omikronικτή κατά περίπτωση άδεια ε/ksiαγωγήςOpen individual export authorization
Autorisation générale individuelle
Autorizzazione singola aperta all’esportazioneIndividuele open vergunningAutorização geral individual.
3. Only the boxes 1, 2, 5, 13 and 19 shall be completed. Box 13 shall be
completed by the list of scheduled substances and destination countries
authorized.!
B1992R3769 — EN — 17.11.1993 — 001.001 — 14