1990R3677 — EN — 30.07.2002 — 006.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EEC)No3677/90
of13December 1990
laying down measures to be taken to discourage the diversion of certain substances to the illicit
manufactureofnarcotic drugsandpsychotropicsubstances
(OJ L 357, 20.12.1990, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 900/92 of 31 March 1992 L 96 1 10.4.1992
►M2Commission Regulation (EEC) No 3769/92 of 21 December 1992 L 383 17 29.12.1992
►M3Commission Regulation (EC) No 260/2001 of 8 February 2001 L 39 11 9.2.2001
►M4►C2Council Regulation (EC) No 1116/2001 of 5 June 2001 ◄ L 153 4 8.6.2001
►M5Council Regulation (EC) No 988/2002 of 3 June 2002 L 151 1 11.6.2002
►M6Commission Regulation (EC) No 1232/2002 of 9 July 2002 L 180 5 10.7.2002
Corrected by:
►C1Corrigendum, OJ L 176, 30.6.1992, p. 68 (900/92)
►C2Corrigendum, OJ L 215, 9.8.2001, p. 57 (1116/2001)
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COUNCILREGULATION(EEC)No3677/90
of13December 1990
laying down measures to be taken to discourage the diversion of
certain substances to the illicit manufacture of narcotic drugs and
psychotropicsubstances
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereason 19 December 1988 a Convention agains t Illicit Traffic in
Narcotic Drugs and Psychotropic Substances was adopted in Vienna,
hereinafter referred to asthe ‘United NationsConvention’; whereasthe United NationsConvention ispart of the world-wide effortstocombat drugs; whereas the Community participated in the negotiationof that Convention, showing its political will to act within the limitsof itscompetences ;
Whereasthe United NationsConvention containsan Article 12
concerning trade in precursors, i.e. substances frequently used in theillicit manufacture of narcotic drugs and psychotropic substances;
whereasthe implementation of thisArticle repres entsa contribution
by industrialized countries to the effort requested from drug-producingcountries, which are generally much poorer than the former; whereasthe provisions on trade in such precursors affect the Community rulesin customs matters; whereas, on this basis, the United Nations Conven-tion was signed on behalf of the Community on 8 June 1989; whereas,
on this basis, the Council decided on 22 October 1990 to conclude the
United NationsConvention; whereasit isthusappropriate, in order toconcretize thispolitical will, to lay down Community ruleson tradebetween the Community and third countries;
Whereasthe provis ionsof Article 12 of the United NationsConvention
are based on a system monitoring trade in the substances in question;whereas most of the trade in these substances is fully legitimate;whereas documentation and possible labelling as regards consignments
of these substances have to be sufficiently clear; whereas it is further-
more important, whilst providing competent authorities with thenecessary means of action, to develop, in compliance with the spiritof the United Nations Convention, mechanisms which are based onclose cooperation with the economic operators concerned as well ason the development of intelligence gathering;
Whereas a system of pre-notification of consignments of certain
substances providing, under certain conditions, for the operations inquestion to be forbidden, appears most appropriate to the situation;
whereas several countries have already obtained very positive results
favouring thisapproach;
Whereasthe competent authoritiesof Member Statess hould have
comparable means of action; whereas it is indispensable, therefore, to
establish common objectives in the matter at Community level;whereas this aspect is essential with the completion of the internalmarket in prospect and in order to ensure the homogeneous applicationof the rules established; whereas it is also important, in this context,that each Member State provide for sufficiently dissuasive penalties;1990R3677 — EN — 30.07.2002 — 006.001 — 2
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Whereas machinery for administrative cooperation should be provided
for both within the Community and with third countrieswhich are als oParties to the Convention; whereas it is advisable in this respect, as far
asthe competent authoritiesin the Community are concerned, to take
asa bas isCouncil Regulation (EEC) No 1468/81 of 19 May 1981 onmutual assistance between the administrative authorities of the MemberStates and cooperation between the latter and the Commission toensure the correct application of the law on customs or agricultural
matters(
1), asamended by Regulation (EEC) No 945/87(2); whereas
particular attention hasto be paid to the confidentiality of informationreceived or exchanged;
Whereas, in the spirit of the United Nations Convention, the Commu-
nity should contribute to efforts to combat drug trafficking by producercountries; whereas, in this connection, special machinery should be
introduced for monitoring the productslis ted in Table II of the Annex
where they are the subject of trade with those countries, despite the factthat in general these products give rise to much lawful trade; whereasthe cooperation of the countries concerned should be sought to ensurebetter monitoring of such trade;
Whereas, in order to examine possible problems concerning the appli-
cation of thisRegulation and to enhance itsimplementation and thedevelopment of administrative cooperation in the matter, it is desirableto provide that the Commission should organize specific meetings,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL
Article 1
1. ThisRegulation laysdown the meas uresto be taken to monitor
trade between the Community and third countries in substancesfrequently used for the illicit manufacture of narcotic drugs andpsychotropic substances for the purpose of preventing the diversion of
such substances.
2. For the purposes of this Regulation:
(a) ‘scheduled substance’ means any substance listed in the Annex,
including mixtures and natural products containing such substances.This excludes medicines, pharmaceutical preparations, mixtures,natural productsor other preparationscontaining s cheduledsubstances that are compounded in such a way that such substances
cannot be easily used or recovered by readily applicable or
economically viable means;
(b) ‘import’ means any physical introduction of scheduled substances
into the customs territory of the Community;
(c) ‘export’ means any physical departure of scheduled substances
from the customs territory of the Community which requires a
customs export declaration;
(d) ‘transit’ means any transport of scheduled substances between third
countriesthrough the cus tomsterritory of the Community and any
transhipment in that territory;
(e) ‘operator’ meansany natural or legal pers on engaged in the manu-
facture, production, trade or distribution of scheduled substances in
the Community or involved in other related activitiess uch as
import, export, transit, broking and processing of scheduledsubstances. This definition includes, in particular, persons pursuing1990R3677 — EN — 30.07.2002 — 006.001 — 3
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the activity of making customs declarations on a self-employed
basis, either as their principal occupation or as a secondary activityrelated to another occupation;
(f) ‘ultimate consignee’ means any natural or legal person to which the
scheduled substances are delivered in the country of destination.This person may be different from the end-user;
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M1(g)◄‘International NarcoticsControl Board’ meansthe
Board established by the Single Convention on Narcotic Drugs,1961, asamended by the 1972 Protocol.
TITLE II
MONITORINGOFTRADE
Article 2
Documentation,recordsandlabelling
The import, export and transit of scheduled substances are subject to
the following requirements:
1. All import, export and transit operations shall be properly docu-
mented. In particular, commercial documentss uch asinvoices ,cargo manifests, customs, transport and other shipping documents
shall contain sufficient information positively to identify:
— the name of the scheduled substance as given in the Annex,
— the quantity and weight of the scheduled substance and, where it
consists of a mixture, the quantity and weight of the mixture aswell asthe quantity and weight or the percentage of anysubstance or substances listed in the Annex which are containedin the mixture,
— the names and addresses of the exporter, the importer, the distri-
butor and, in accordance with Articles4, 4a, 5 and 5a, theultimate consignee.
2. Where operatorsaffix labelsindicating the type of product or its
trade name to scheduled substances in import, export or transitoperations, such labels must show the names of the substances asgiven in the Annex.
3. Operators involved in import, export and transit of scheduled
substances shall keep detailed records of those activities.
4. The documentsand recordsreferred to in points1 and 3 s hall be
kept for a period of three yearsfrom the end of the calendar year
in which the operation referred to in point 1 took place, and must
be readily available for inspection by the competent authoritiesupon request.
Article 2a
Licensingandregistrationofoperators
1. Operators, other than customs agents, warehouse depositors and
transporters when acting solely in that capacity, engaged in the import,export or transit of scheduled substances listed in Category 1 of theAnnex shall be required to obtain a licence from the Member State inwhich they are established to qualify for this activity. In consideringwhether to grant a licence, the competent authority shall take into
account the competence and integrity of the applicant.
The licence may be suspended or revoked by the competent authorities
whenever there are reasonable grounds for belief that the holder is nolonger a fit and proper person to hold a licence, or that the conditionsunder which the licence was issued are no longer fulfilled.1990R3677 — EN — 30.07.2002 — 006.001 — 4
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2. Operators, other than customs agents, warehouse depositors and
transporters when acting solely in that capacity, engaged in the import,export or transit of scheduled substances listed in Category 2 or the
export of scheduled substances listed in Category 3 of the Annex are
required to register and update with the competent authorities theaddresses of the premises from which they manufacture or trade inthese substances.
However, this requirement shall not apply in respect of operators
engaged in the export of small quantities of scheduled substances listedin Category 3 or the export of mixturescontaining s cheduledsubstances listed in Category 3 which have been identified to that end.
3. The Member States shall determine the procedures for issuing
licences, including the attachment of specific conditions, such as the
length of their validity and the charging of fees for their issue.
Article 3
Cooperation
The Member States shall take the necessary measures to establish close
cooperation between the competent authorities and operators, so thatoperators:
— notify the competent authorities immediately of any circumstances,
such as unusual orders and transactions involving scheduledsubstances, which suggest that such substances inteded for import,
export or transit may be diverted for the illicit manufacture of
narcotic drugs or psychotropic substances,
— provide the competent authorities in summary form such informa-
tion about their export transactions as the competent authorities
may require.
Article 3a
Guidelines
1. In order to facilitate cooperation between the authoritiesof the
Member Statesand the chemical indus try in particular asregardsnon-
scheduled substances commonly used in the illicit manufacture of
narcotic drugs and psychotropic substances, the Commission shall,acting in accordance with the management procedure referred to inArticle 10(2), draw up and update guidelines to assist the chemicalindustry.
2. The guideliness hall provide, in particular:
(a) information on how to recognise and notify suspect transactions;
(b) a regularly updated list of non-scheduled substances commonly
used in the illicit manufacture of narcotic drugs and psychotropicsubstances, to enable the industry to monitor on a voluntary basisthe trade in such substances;
(c) other information which may be deemed useful.
3. The Member States shall ensure that the guidelines and the list
referred to in paragraph 2(b) are regularly disseminated in a manner
deemed appropriate by the competent authoritiesin line with the objec-
tivesof the guidelines .
Article 4
Pre-export notificationScheduledsubstanceslisted inCategory1of
theAnnex
1. Any exportation of scheduled substances listed in Category 1 of
the Annex shall be preceded by pre-export notification sent to thecountry of destination in accordance with the provisions of Article12(10) of the United NationsConvention agains t Illicit Traffic in1990R3677 — EN — 30.07.2002 — 006.001 — 5
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Narcotic Drugs and Psychotropic Substances of 19 December 1988,
and with Resolution 20/4 of the 1998 Special Session on drugs of theUnited Nations General Assembly.
The country of destination shall be allowed a period of time in which
to reply of up to 15 working days, at the end of which the exportoperation shall be authorised by the competent authorities of theMember State of export, unless advice to the contrary is received.
2. The competent authoritiesof the Member State concerned s hall,
prior to any export of scheduled substances to the country of destina-tion, supply the information specified in Article 4a(2) to the competent
authoritiesof that country.
The authority furnishing such information shall require the authority in
the third country receiving the information to keep confidential anytrade, business, commercial or professional secret or any trade processreferred to therein.
Article 4a
Export authorisationScheduled substances listed in Category 1 of
theAnnex
1. The exportation of scheduled substances listed in Category 1 of
the Annex shall be subject to authorisation in the form of individual
export authorisations issued by the competent authorities of theMember State in which the customs export declaration is to be madein accordance with the provisions in force.
2. Applications for authorisations referred to in paragraph 1 shall
contain the following information:
(a) the names and addresses of the exporter, the importer in the third
country and any other operator involved in the export operation or
shipment, and also the ultimate consignee;
(b) the name of the scheduled substance as given in Category 1 in the
Annex;
(c) the quantity and weight of the scheduled substance and, where a
mixture isconcerned, the quantity and weight of the mixture aswell as the quantity and weight, or the percentage, of any substancelisted in the Annex which is contained in the mixture;
(d) details as to the transport arrangements, and in particular the
expected date of dispatch, method of transport, name of thecustoms office where the customs export declaration is to be madeand, in so far as such information is available at this stage, identi-fication of the meansof trans port, itinerary, expected point of exit
from Community customs territory and the point of entry into the
importing country.
In the cases referred to in paragraph 9, a copy of the import permit
issued by the country of destination shall be attached to the application.
3. A decision on the application shall be taken within a period of 15
working daysfrom the date on which the competent authority cons idersthe file to be complete. This period shall be extended if, in the cases
referred to in paragraph 9, the competent authoritiesare obliged to
make further enquiries in order to satisfy themselves that the importa-tion of the substances has been properly authorised.
4. Without prejudice to any possible implementation of enforcement
measures, the export authorisation referred to in paragraph 1 shall berefused if:
(a) there are reasonable grounds for suspecting that the information
supplied in compliance with paragraph 2 is false or incorrect;
(b) in the cases referred to in paragraph 9, it is established that the
importation of the scheduled substances has not been properlyauthorised by the competent authorities of the country of destina-tion;1990R3677 — EN — 30.07.2002 — 006.001 — 6
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(c) there are reasonable grounds for suspecting that the substances in
question are intended for the illicit manufacture of narcotic drugsor psychotropic substances.
5. If the particularsconcerning the itinerary and meansof trans port
were not provided in the application referred to in paragraph 2, theexport authorisation shall state that the operator must furnish those
particularsto the cus tomsauthority or other competent authority at the
point of exit from the Community customs territory before the physicaldeparture of the consignment. In such cases the export authorisationshall be annotated accordingly at the time of issue.
6. In all cases, the export authorisation shall be presented to the
customs authorities when the customs export declaration is made. Acopy of the authorisation shall, furthermore, accompany the consign-ment to the customs office at the point of exit of the scheduledsubstances from the Community customs territory. That office shall
insert, where appropriate, the particulars referred to in paragraph 5
and any other necessary particulars and affix its stamp to the copy ofthe authorisation before returning it to the issuing authority.
7. The issue of an export authorisation shall not preclude any
possible administrative or other liability of the holder of the authorisa-
tion.
8. An export authorisation may be suspended or revoked by the
competent authoritieswhenever there are reas onable groundsfor
suspecting that the substances might be diverted to the illicit manufac-
ture of narcotic drugs or psychotropic substances.
9. Whenever, under an agreement between the Community and a
third country, exports are not to be authorised unless an import permit
has been issued by the competent authorities of the latter country for
the substances in question, the Commission shall communicate to thecompetent authoritiesof the Member Statesthe name and addres softhe competent authority of the third country, together with any opera-tional information obtained from that country.
The competent authorities in the Member States shall satisfy them-
selves that any importation has been properly authorised, if necessaryby requesting confirmation from the competent authority of the thirdcountry.
Article 5
Specificexportrequirements
ScheduledsubstanceslistedinCategory2oftheAnnex
1. The exportation of scheduled substances listed in Category 2 of
the Annex shall be subject to an authorization issued in accordancewith paragraphs2 and 3 by the competent authoritiesof the Member
State in which the customs export declaration is to be lodged in accor-
dance with the provisions in force.
2. Articles4 and 4a s hall apply mutatis mutandis to exportsreferred
to in paragraph 1 wherever they appear to be intended, directly orindirectly, for any third country which hasbeen identified asbeingconcerned by the illicit manufacture of narcotic drugsor ps ychotropic
substances through the use of the scheduled substances in question. The
said identification shall be based, in particular, on a reasoned request tothe Commission from the third country concerned.
Article 4a shall also apply whenever an open individual authorisation
cannot be issued under paragraph 3.
3. In all other cases, the exportation of scheduled substances listed
in Category 2 may be authorized at the request of the operatorsconcerned on a global basis by the issue of an open individual author-ization. The decision to issue such an authorization shall take into1990R3677 — EN — 30.07.2002 — 006.001 — 7
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account the competence and integrity of the applicant together with the
nature, volume and pattern of his involvement in these substances. Insuch cases, the holder shall enter the details of this authorization in
the relevant customs export declaration.
In accordance with the provisions laid down by the competent authori-
ties, the holder of such an authorization shall furnish information in asummary form about exports made under the authority of the authoriza-tion.
The open individual authorization may be suspended or revoked when-
ever there are reasonable grounds for belief that its holder is not longera fit and proper person to hold an authorization, or that the conditions
under which the authorization was issued are no longer valid.
Article 5a
Specificexportrequirements
ScheduledsubstanceslistedinCategory3oftheAnnex
1. Wherever the export of scheduled substances listed in Category 3
of the Annex isintended, directly or indirectly, for any third country:
(a) with which the Community hasconcluded an agreement whereby
no export from the Community to that country shall be authorized
unless the competent authorities of the country have issued an
import permit in respect of the consignment in question; or
(b) which hasbeen identified asa country concerned by the illicit
manufacture of heroin or cocaine on its territory or as a sensitivecountry as regards the possible diversion of the said substances,
such export shall be subject to an authorization issued in accordance
with paragraphs2 and 3 by the competent authoritiesof the Member
State in which the customs export declaration is to be lodged in accor-
dance with the provisions in force.
2. Exports of substances referred to in paragraph 1 shall be subject
mutatis mutandis to the provisions of Articles 4 and 4a wherever, under
specific arrangements agreed with the third countries concerned, anexport authorisation and a pre-export notification are required for eachoperation.
Article 4a shall also apply whenever an open individual authorisation
cannot be issued in accordance with paragraph 3.
3. In appropriate circumstances, the exportation of substances in
Category 3 may be authorized on a global basis by the issue of anopen individual authorization. The decision to issue, suspend or revokesuch authorizations shall be taken by the application mutatis mutandis
of Article 5 (3).
In addition, it shall be a condition of the issue of such authorizations
that, for control purposes, the holder shall retain for inspection by the
competent authoritiesof the Member State from which the export has
taken place, where appropriate and in respect of each export, a copy ofthe import permit issued by the authorities of the third country. In casesof doubt, the competent authoritiesof the third country. In cas esofdoubt, the competent authoritiesof the Member State of exportationmay contact the authorities which have issued the import permit.1990R3677 — EN — 30.07.2002 — 006.001 — 8
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TITLE III
CONTROLMEASURES
Article 6
Powersofcompetentauthorities
1. In order to ensure the correct application of Article 2 and Articles
4, 4a, 5 and 5a, each Member State shall adopt within the framework
of its domestic law the measures necessary to enable the competent
authorities:
(a) to obtain information on any ordersfor or operationsinvolving
scheduled substances;
(b) to enter operators' business premises in order to obtain evidence of
irregularities.
2. Without prejudice to the provisions laid down in Articles 4, 4a, 5
and 5a and in paragraph 1 of thisArticle, the competent authoritiesofeach Member State may prohibit the introduction of scheduledsubstances into Community customs territory or their departure fromit, if there are reasonable grounds for suspecting that the substances
are intended for the illicit manufacture of narcotic drugsor ps ycho-
tropic substances.
3. For the purpose of preventing specific risks of diversion in free
zones as well as in other sensitive areas such as bonded warehouses,
Member States shall ensure that controls applied to operations carried
out in these areas are effective at every stage of these operations andnot less stringent than those applied in the other parts of the customsterritory.
TITLE IV
ADMINISTRATIVECOOPERATION
Article 7
For the purposes of applying this Regulation and without prejudice to
Article 10, the provisions of Regulation (EEC) No 1468/81 and inparticular those on confidentiality shall apply mutatis mutandis . Each
Member State shall communicate to the other Member States and tothe Commission the name of the competent authorities appointed to
act ascorres pondentsin accordance with Article 2 (2) of Regulation
(EEC) No 1468/81.
TITLE V
FINALPROVISIONS
Article 8
Each Member State shall determine the penalties to be applied for
infringement of the provisions of this Regulation. The penalties shallbe sufficient to promote compliance with those provisions.
Article 9
1. To permit any necessary adjustments to the arrangements for
monitoring trade in scheduled substances between the Community and
third countries, the competent authorities in each Member State shall
each year communicate to the Commission all relevant information onthe implementation of the monitoring measures laid down in this Regu-lation, in particular as regards substances used for the illicitmanufacture of narcotic drugs or psychotropic substances and methodsof diversion and illicit manufacture.1990R3677 — EN — 30.07.2002 — 006.001 — 9
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2. On the basis of the communications made pursuant to paragraph
1, the Commission shall, pursuant to Article 12 (12) of the UnitedNations Convention and in consultation with the Member States, draw
up an annual report to be submitted to the International Narcotics
Control Board.
Article 9a
The measures necessary for the implementation of this Regulation
relating to the mattersreferred to below s hall be adopted in accordancewith the management procedure referred to in Article 10(2):
(a) the determination of the quantities of the scheduled substances
listed in Category 3 and the identification of mixtures containingscheduled substances listed in Category 3 pursuant to the secondsubparagraph of Article 2a(2);
(b) the identification of countries and substances pursuant to Article
5(2);
(c) the adoption of export authorisation requirements pursuant to
Article 5a(1)(b) whenever there isno agreement with the third
country in question;
(d) the adoption of the model export authorisation form referred to in
Article 4, aswell asthe detailed rulesconcerning itsus e and thedetailed rulesfor implementation of the open individual authoris a-tion system referred to in Articles 5 and 5a;
(e) the amendment of the Annex to thisRegulation in cas eswhere the
tablesin the Annex to the United NationsConvention are them-
selves amended.
Article 10
1. The Commission shall be assisted by a committee.2. Where reference ismade to thisparagraph, Articles4 and 7 of
Decision 1999/468/EC(
1) shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at three months.
3. The committee shall adopt its rules of procedure.
Article 11
Each Member State shall inform the Commission of the measures it
takespurs uant to thisRegulation.
The Commission shall communicate this information to the other
Member States.
Article 11a
The Commission is hereby authorized to adopt a position, on behalf of
the Community, in favour of amendmentsto TablesI and II of the
Annex to the United NationsConvention which conform to the Annex
to thisRegulation.
Article 12
ThisRegulation s hall enter into force on 1 January 1991.
It shall apply from 1 July 1991.1990R3677 — EN — 30.07.2002 — 006.001 — 10
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ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1990R3677 — EN — 30.07.2002 — 006.001 — 11
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ANNEX
CATEGORY 1
SubstanceCN denomination
(if different)CN code (1)
1-Phenyl-2 propanone Phenylacetone 2914 31 00
Acetylanthranilic acid 2-Acetamidobenzoic acid 2924 23 00
Isosafrole (cis + trans) 2932 91 00
3,4-Methylenedioxyphenyl-
propan-2-one1-(1,3-Benzodioxole-5-yl)propane-
2-one 2932 92 00
Piperonal 2932 93 00
Safrole 2932 94 00
Ephedrine 2939 41 00
Pseudoephedrine 2939 42 00
Norephedrine ex 2939 49 00
Ergometrine 2939 61 00
Ergotamine 2939 62 00
Lysergic acid 2939 63 00
The salts of the substances listed in this Category whenever the existence of such salts is possible.
(1) OJ L 279, 23.10.2001, p. 1.
CATEGORY 2
SubstanceCN denomination
(if different)CN code (1)
Potassium permanganate 2841 61 00
Acetic anhydride 2915 24 00
Phenylacetic acid 2916 34 00
Anthranilic acid 2922 43 00
Piperidine 2933 32 00
The salts of the substances listed in this Category whenever the existence of such salts is possible.
(1) OJ L 279, 23.10.2001, p. 1.
CATEGORY 3
SubstanceCN denomination
(if different)CN code (1)
Hydrochloric acid Hydrogen chloride 2806 10 00
Sulphuric acid 2807 00 10
Toluene (*) 2902 30 00
Ethyl ether (*) Diethyl ether 2909 11 00
Acetone (*) 2914 11 00
Methylethylketone
(MEK) (*)Butanone 2914 12 00
(*) The salts of the substances listed in this Category whenever the existence of such salts is possible.
(1) OJ L 279, 23.10.2001, p. 1.1990R3677 — EN — 30.07.2002 — 006.001 — 12