This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION REGULATION (EC) No 1485/96
of 26 July 1996
laying down detailed rules for the application of Council Directive 92/109/EEC, as regards customer declarations
of specific use relating to certain substances used in the illicit manufacture of narcotic drugs and psychotropic
substances
(Text with EEA relevance)
(OJ L 188, 27.7.1996, p. 28)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1533/2000 of 13 July 2000 L 175 75 14.7.20001996R1485 — EN — 03.08.2000 — 001.001 — 1
COMMISSION REGULATION (EC) No 1485/96
of 26 July 1996
laying down detailed rules for the application of Council Directive
92/109/EEC, as regards customer declarations of specific use relating tocertain substances used in the illicit manufacture of narcotic drugs and
psychotropic substances
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/109/EEC of 14 December 1992 on the
manufacture and the placing on the market of certain substances used in the
illicit manufacture of narcotic drugs and psychotropic substances (
1), as
amended by Commission Directive 93/46/EEC (2), and in particular point 1
(b) of Article 2 thereof,
Whereas all transactions leading to the placing on the market of scheduled
substances as defined in point (a) of Article 1 (2) of Directive 92/109/EEC
must be properly documented; whereas that documentation must furthermore
contain a declaration from the customer which shows the specific uses of thesubstance;
Whereas the establishment of provisions on customer declarations will help
ensure that, on the occasion of each transaction, the use to be made by thecustomer of scheduled substances is clearly identified; whereas such
identification will contribute to avoiding the diversion of scheduled
substances to illicit drugs manufacture;
Whereas, to take account of regular transactions between the same supplier
and the customer, the possibility for the customer to provide a singledeclaration covering all transactions involving a category 2 substance over aperiod of one year maximum should be provided, under certain conditions;
Whereas the provisions of this Regulation are in accordance with the opinion
of the Committee set up under Article 10 of Council Regulation (EEC)
No 3677/90 (
3), as last amended by Commission Regulation (EEC)
No 3769/92 (4),
HAS ADOPTED THIS REGULATION:
Article 1
Declaration for individual transactions
1. Any natural or legal person established within the Community who
supplies a customer with a scheduled substance in categories 1 or 2 of Annex
I to Directive 92/109/EEC and who is obliged to document any individualtransaction pursuant to Article 2 of the said Directive, shall, save as providedin Article 2 of this Regulation, obtain from that customer a declaration
showing the specific use or uses of the substance with which he has been
supplied. A separate declaration shall be required for each scheduledsubstance.
2. The declaration shall conform to the model set out in point 1 of the
Annex to this Regulation. In the case of legal persons, the declaration shall be
made on headed notepaper.!B
(1) OJ No L 370, 19. 12. 1992, p. 76.
(2) OJ No L 159, 1. 7. 1993, p. 134.
(3) OJ No L 357, 20. 12. 1990, p. 1.
(4) OJ No L 383, 29. 12. 1992, p. 17.!M11996R1485 — EN — 03.08.2000 — 001.001 — 2
Article 2
Declaration for multiple transactions of a category 2 substance
1. Any natural or legal person established within the Community who
regularly supplies a customer with a scheduled substance in category 2 ofAnnex I to Directive 92/109/EEC and who is obliged to document
transactions pursuant to Article 2 of the said Directive may accept, as an
alternative to the declaration for individual transactions, a single declarationin respect of a number of transactions over a period of one year maximumprovided that the supplier is satisfied the following criteria have been met:
— the customer is one to whom he has supplied the substance on at least
three occasions in the preceding 12 months,
— the supplier has no reason to suppose that the substance will be used for
illicit purposes,
— the quantities ordered are consistent with usual consumption for that
customer.
2. The declaration shall conform to the model set out in point 2 of the
Annex to this Regulation. In the case of legal persons, the declaration shall bemade on headed notepaper.
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
!M1
!B1996R1485 — EN — 03.08.2000 — 001.001 — 3
ANNEX
1. Model declaration relating to individual transactions (category 1 or 2)
!M11996R1485 — EN — 03.08.2000 — 001.001 — 4
2. Model declaration relating to multiple transactions (category 2)
!M11996R1485 — EN — 03.08.2000 — 001.001 — 5