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"BCOUNCIL 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
(OJ L 357, 20.12.1990, p. 1)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EEC) No 900/92 of 31 March 1992 L 96 1 10.4.1992
"M2 Commission Regulation (EEC) No 3769/92 of 21 December 1992 L 383 17 29.12.1992
"M3 Commission Regulation (EC) No 260/2001 of 8 February 2001 L 39 11 9.2.2001
Corrected by:
"C1 Corrigendum, OJ L 176, 30.6.1992, p. 68 (900/92)1990R3677 — EN — 01.03.2001 — 003.001 — 1
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
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas on 19 December 1988 a Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances was adopted in Vienna,
hereinafter referred to as the ‘United Nations Convention’; whereas the
United Nations Convention is part of the world-wide efforts to combat
drugs; whereas the Community participated in the negotiation of that
Convention, showing its political will to act within the limits of its
competences;
Whereas the United Nations Convention contains an Article 12
concerning trade in precursors, i.e. substances frequently used in the
illicit manufacture of narcotic drugs and psychotropic substances;
whereas the implementation of this Article represents a contribution by
industrialized countries to the effort requested from drug-producing
countries, which are generally much poorer than the former; whereas the
provisions on trade in such precursors affect the Community rules in
customs matters; whereas, on this basis, the United Nations Convention
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
Nations Convention; whereas it is thus appropriate, in order to concretize
this political will, to lay down Community rules on trade between the
Community and third countries;
Whereas the provisions of Article 12 of the United Nations Convention
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 furthermore
important, whilst providing competent authorities with the necessary
means of action, to develop, in compliance with the spirit of the United
Nations Convention, mechanisms which are based on close cooperation
with the economic operators concerned as well as on the development of
intelligence gathering;
Whereas a system of pre-notification of consignments of certain
substances providing, under certain conditions, for the operations in
question to be forbidden, appears most appropriate to the situation;
whereas several countries have already obtained very positive results
favouring this approach;
Whereas the competent authorities of Member States should 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 internal market in
prospect and in order to ensure the homogeneous application of the rules
established; whereas it is also important, in this context, that each
Member State provide for sufficiently dissuasive penalties;
Whereas machinery for administrative cooperation should be provided
for both within the Community and with third countries which are also
Parties to the Convention; whereas it is advisable in this respect, as far as
the competent authorities in the Community are concerned, to take as a
basis Council Regulation (EEC) No 1468/81 of 19 May 1981 on mutual
assistance between the administrative authorities of the Member States!B1990R3677 — EN — 01.03.2001 — 003.001 — 2
and cooperation between the latter and the Commission to ensure the
correct application of the law on customs or agricultural matters (1), as
amended by Regulation (EEC) No 945/87 (2); whereas particular
attention has to be paid to the confidentiality of information received
or exchanged;
Whereas, in the spirit of the United Nations Convention, the Community
should contribute to efforts to combat drug trafficking by producer
countries; whereas, in this connection, special machinery should be
introduced for monitoring the products listed in Table II of the Annex
where they are the subject of trade with those countries, despite the fact
that in general these products give rise to much lawful trade; whereas the
cooperation of the countries concerned should be sought to ensure better
monitoring of such trade;
Whereas, in order to examine possible problems concerning the
application of this Regulation and to enhance its implementation and
the development of administrative cooperation in the matter, it is
desirable to provide that the Commission should organize specific
meetings,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL
Article 1
1. This Regulation lays down the measures to be taken to monitor trade
between the Community and third countries in substances frequently
used for the illicit manufacture of narcotic drugs and psychotropic
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 containing such substances. This excludes
pharmaceutical preparations or other preparations containing
scheduled substances that are compounded in such a way that such
substances cannot be easily used or recovered by readily applicable
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
countries through the customs territory of the Community and any
transhipment in that territory;
(e) ‘operator’ means any natural or legal person engaged in the
manufacture, production, trade or distribution of scheduled sub-
stances in the Community or involved in other related activities such
as import, export, transit, broking and processing of scheduled
substances. This definition includes, in particular, persons pursuing
the activity of making customs declarations on a self-employed
basis, either as their principal occupation or as a secondary activity
related 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;!B
(1) OJ No L 144, 2. 6. 1981, p. 1.
(2) OJ No L 90, 2. 4. 1987, p. 3.!M11990R3677 — EN — 01.03.2001 — 003.001 — 3
"M1(g)3‘International Narcotics Control Board’ means the Board
established by the Single Convention on Narcotic Drugs, 1961, as
amended by the 1972 Protocol.
TITLE II
MONITORING OF TRADE
Article 2
Documentation, records and labelling
The import, export and transit of scheduled substances are subject to the
following requirements:
1. All import, export and transit operations shall be properly
documented. In particular, commercial documents such as invoices,
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 as
well as the quantity and weight or the percentage of any
substance or substances listed in the Annex which are contained
in the mixture,
— the name and address of the exporter, the importer, the
distributor and, in accordance with Articles 4, 5 and 5a, the
ultimate consignee.
2. Where operators affix labels indicating the type of product or its
trade name to scheduled substances in import, export or transit
operations, such labels must show the names of the substances as
given in the Annex.
3. Operators involved in import, export and transit of scheduled
substances shall keep detailed records of those activities.
4. The documents and records referred to in points 1 and 3 shall be kept
for a period of three years from 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 authorities upon request.
Article 2a
Licensing and registration of operators
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 the
Annex shall be required to obtain a licence from the Member State in
which they are established to qualify for this activity. In considering
whether 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 no
longer a fit and proper person to hold a licence, or that the conditions
under which the licence was issued are no longer fulfilled.
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 the
addresses of the premises from which they manufacture or trade in these
substances.!B
!M1
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!M11990R3677 — EN — 01.03.2001 — 003.001 — 4
However, this requirement shall not apply in respect of operators
engaged in the export of small quantities of scheduled substances listed
in Category 3 or the export of mixtures containing scheduled substances
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 that
operators:
— notify the competent authorities immediately of any circumstances,
such as unusual orders and transactions involving scheduled
substances, 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 information
about their export transactions as the competent authorities may
require.
Article 4
Export authorization
Scheduled substances listed in Category 1 of the Annex
1. The exportation of scheduled substances listed in Category 1 of the
Annex shall be subject to authorization in form of individual export
authorizations issued by the competent authorities of the Member State
in which the customs export declaration is to be lodged in accordance
with the provisions in force.
2. Applications for authorizations referred to in paragraph 1 shall
contain the following information:
— the name and address of the exporter, the importer in the third
country and any other operator involved in the export operation or
shipment, and also of the ultimate consignee,
— the name of the scheduled substances as given in Category 1 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 as well
as the quantity and weight or the percentage of any substance or
substances listed in the Annex which are contained in the mixture,
— details as to the transport arrangements, and in particular the
expected date of dispatch, method of transport, name of the customs
office where the customs export declaration is to be lodged, and, in
so far as such information is available at this stage, identification of
the means of transport, itinerary, expected point of exit from
Community customs territory and the point of entry into the
importing country.
In the case of paragraph 10, a copy of the import permit issued by the
destination country must be attached to the application.
3. A decision on the application shall be taken within a period of 15
working days from the date on which the competent authority considers
the file to be complete. This period shall be extended if, in the case of
paragraph 10, the authorities are obliged to make further enquiries in
order to satisfy themselves that the importation of the substances has
been properly authorized.!M11990R3677 — EN — 01.03.2001 — 003.001 — 5
4. Without prejudice to any possible implementation of technical
enforcement measures, the export authorization referred to in paragraph
1 shall be refused, if:
(a) there are reasonable grounds to suspect that the information supplied
in compliance with the obligations under paragraph 2 is false or
incorrect;
(b) in the case of paragraph 10, it is established that the importation of
the scheduled substances has not been properly authorized by the
competent authorities of the country of destination;
(c) there are reasonable grounds for suspecting that the substances in
question are intended for the illicit manufacture of narcotic drugs or
psychotropic substances.
5. If the particulars on the itinerary and means of transport were not
contained in the application referred to in paragraph 2, the export
authorization shall state that the operator must furnish these particulars
to the customs or other competent authority at the point of exit from the
Community customs territory before the physical departure of the
consignment. In this case, the export authorization shall be annotated
accordingly at the time of issue.
6. In all cases, the export authorization shall be produced for inspection
by the customs authorities when the customs export declaration is
lodged.
A copy of this authorization shall furthermore accompany the
consignment until the customs office at the point of exit of the scheduled
substances from the Community customs territory. This office shall
insert, where appropriate, the particulars referred to in paragraph 5 and
any other necessary particulars and apply its stamp to the copy of the
authorization before returning it to the issuing authority.
7. The issue of an export authorization does not preclude any possible
administrative or other liability of the holder of such authorization.
8. The export authorization may be suspended or revoked by the
competent authorities whenever there are reasonable grounds to suspect
that the substances might be diverted to the illicit manufacture of
narcotic drugs or psychotropic substances.
9. With regard to requests for pre-export notification addressed to the
Community by a third country pursuant to Article 12 (10) of the United
Nations Convention:
(a) the Commission shall immediately communicate to the competent
authorities of the Member States any such request received;
(b) the competent authorities of the Member State concerned shall, prior
to any export of scheduled substances to the requesting country,
supply the information specified in paragraph 2 to the competent
authorities of that country. A copy of this reply shall be
communicated to the Commission for circulation to the other
Member States;
(c) the authority furnishing such information shall require that the
authority in the third country receiving the information shall keep
confidential any trade, business, commercial or professional secret
or any trade process referred to therein.
10. Whenever there is agreement between the Community and a third
country that exports shall not be authorized unless an import permit has
been issued by the competent authorities of the latter country for the
substances in question:
(a) the Commission shall communicate to the competent authorities in
the Member States the name and address of the competent authority
in the third country together with any operational information
obtained from this country;
(b) the competent authorities in the Member States shall satisfy
themselves that any importation has been properly authorized, if!M11990R3677 — EN — 01.03.2001 — 003.001 — 6
necessary, by requesting confirmation from the authority referred to
under point (a).
Article 5
Specific export requirements
Scheduled substances listed in Category 2 of the Annex
1. The exportation of scheduled substances listed in Category 2 of the
Annex shall be subject to an authorization issued in accordance with
paragraphs 2 and 3 by the competent authorities of the Member State in
which the customs export declaration is to be lodged in accordance with
the provisions in force.
2. Exports referred to in paragraph 1 shall be subject mutatis mutandis
to the provisions of Article 4, wherever they appear to be intended,
directly or indirectly, for any third country which has been identified to
be concerned by the illicit manufacture of those narcotic drugs or
psychotropic substances by the use of the scheduled substances in
question. The said identification shall be based, in particular, on a
reasoned request to the Commission by the third country concerned.
The provisions of Article 4 shall also apply whenever an open individual
authorization 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 operators concerned
on a global basis by the issue of an open individual authorization. The
decision to issue such an authorization shall take into account the
competence and integrity of the applicant together with the nature,
volume and pattern of his involvement in these substances. In such 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
authorities, the holder of such an authorization shall furnish information
in a summary form about exports made under the authority of the
authorization.
The open individual authorization may be suspended or revoked
whenever there are reasonable grounds for belief that its holder is not
longer a fit and proper person to hold an authorization, or that the
conditions under which the authorization was issued are no longer valid.
Article 5a
Specific export requirements
Scheduled substances listed in Category 3 of the Annex
1. Wherever the export of scheduled substances listed in Category 3 of
the Annex is intended, directly or indirectly, for any third country:
(a) with which the Community has concluded 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 has been identified as a country concerned by the illicit
manufacture of heroin or cocaine on its territory or as a sensitive
country as regards the possible diversion of the said substances,
such export shall be subject to an authorization issued in accordance with
paragraphs 2 and 3 by the competent authorities of the Member State in
which the customs export declaration is to be lodged in accordance with
the provisions in force.!M11990R3677 — EN — 01.03.2001 — 003.001 — 7
2. Exports of substances referred to in paragraph 1 shall be subject
mutatis mutandis to the provisions of Article 4, wherever, subject to
specific arrangements taken between the Community and the countries
referred to in paragraph 1, individual export authorization is required.
The provisions of Article 4 shall also apply whenever an open individual
authorization 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 an open
individual authorization. The decision to issue, suspend or revoke such
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 authorities of the Member State from which the export has
taken place, where appropriate and in respect of each export, a copy of
the import permit issued by the authorities of the third country. In cases
of doubt, the competent authorities of the third country. In cases of
doubt, the competent authorities of the Member State of exportation may
contact the authorities which have issued the import permit.
TITLE III
CONTROL MEASURES
Article 6
Powers of competent authorities
1. In order to ensure the correct application of Articles 2, 4, 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 orders for or operations involving
scheduled substances;
(b) to enter operators’ business premises in order to obtain evidence of
irregularities.
2. Without prejudice to the measures laid down in Articles 4, 5 and 5a
and paragraph 1 of this Article, the competent authorities of each
Member State may prohibit the introduction of scheduled substances into
Community customs territory or their departure from it, if there are
reasonable grounds for suspecting that the substances are intended for
the illicit manufacture of narcotic drugs or psychotropic 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 and not less
stringent than those applied in the other parts of the customs territory.
TITLE IV
ADMINISTRATIVE COOPERATION
Article 7
For the purposes of applying this Regulation and without prejudice to
Article 10, the provisions of Regulation (EEC) No 1468/81 and in
particular those on confidentiality shall apply mutatis mutandis . Each
Member State shall communicate to the other Member States and to the
Commission the name of the competent authorities appointed to act as
correspondents in accordance with Article 2 (2) of Regulation (EEC) No
1468/81.!M1
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!M1
!B1990R3677 — EN — 01.03.2001 — 003.001 — 8
TITLE V
FINAL PROVISIONS
Article 8
Each Member State shall determine the penalties to be applied for
infringement of the provisions of this Regulation. The penalties shall be
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 on
the implementation of the monitoring measures laid down in this
Regulation, in particular as regards substances used for the illicit
manufacture of narcotic drugs or psychotropic substances and methods
of diversion and illicit manufacture.
2. On the basis of the communications made pursuant to paragraph 1,
the Commission shall, pursuant to Article 12 (12) of the United Nations
Convention and in consultation with the Member States, draw up an
annual report to be submitted to the International Narcotics Control
Board.
Article 10
1. The Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by the representative of
the Commission.
The committee shall examine any matter concerning the implementation
of this Regulation raised by its chairman either on his own initiative or at
the request of a representative of a Member State.
2. The representative of the Commission shall submit to the committee
a draft of the measures to be taken. The committee shall deliver its
opinion on the draft, within a time limit which the chairman may lay
down according to the urgency of the matter. The opinion shall be
delivered by the majority laid down in Article 148 (2) of the Treaty in the
case of decisions which the Council is required to adopt on a proposal
from the Commission. The votes of the Member States within the
committee shall be weighted in the manner set out in that Article; the
Chairman shall not vote.
The Commission shall adopt measures which shall apply immediately.
However, if these measures are not in accordance with the opinion of the
committee, they shall be communicated by the Commission to the
Council forthwith. In that event the Commission shall defer application
of the measures which it has decided for three months from the date of
communication.
The Council, acting by a qualified majority, may take a different decision
within the time period referred to in the previous subparagraph.
3. The procedure laid down in paragraph 2 shall be followed in
particular for:
(a) the determination of the quantities of the scheduled substances listed
in Category 3 and the identification of mixtures containing
scheduled substances listed in Category 3 pursuant to the second
subparagraph of Article 2a (2);
(b) the identification of countries and substances pursuant to Article 5
(2);!B
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!M11990R3677 — EN — 01.03.2001 — 003.001 — 9
(c) the adoption of export authorization requirements pursuant to
paragraph 1 (b) of Article 5a whenever there is no agreement with
the third country in question;
(d) the adoption of the model export authorization form referred to in
Article 4 as well as the detailed rules concerning its use and the
detailed rules for implementation of the open individual auth-
orization system referred to in Articles 5 and 5a;
(e) the amendment of the Annex to this Regulation, in cases where the
Annexes to the United Nations Convention are amended.
Article 11
Each Member State shall inform the Commission of the measures it
takes pursuant to this Regulation.
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 amendments to Tables I and II of the Annex
to the United Nations Convention which conform to the Annex to this
Regulation.
Article 12
This Regulation shall enter into force on 1 January 1991.
It shall apply from 1 July 1991.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!M1
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!M1
!B1990R3677 — EN — 01.03.2001 — 003.001 — 10
ANNEX
CATEGOR Y 1 (1)
SubstanceCN designation
(if different)CN code (2)
1-Phenyl-2-propanone Phenylacetone 2914 31 00
N-acetylanthranilic acid 2-Acetamidobenzoic acid 2924 22 00Isosafrol (cis + trans) 2932 91 00
3,4-Methylenedioxyphenylpropane-2-one 1-(1,3-Benzodioxol-5-yl)propan-2-one 2932 92 00Piperonal 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
(
1)The salts of the substances listed in this category whenever the existence of such salts is possible.
(2)OJ L 278, 28.10.1999, p. 1.
CATEGOR Y 2 (1)
SubstanceCN designation
(if different)CN code (2)
Acetic anhydride 2915 24 00
Phenylacetic acid 2916 34 00
Anthranilic acid 2922 43 00
Piperidine 2933 32 00
(1)The salts of the substances listed in this category whenever the existence of such salts is possible.
(2)OJ L 278 du 28.10.1999, p. 1.
CATEGOR Y 3
SubstanceCN designation
(if different)CN code (1)
Hydrochloric acid Hydrogen chloride 2806 10 00
Sulphuric acid 2807 00 10
Potassium permanganate (*) 2841 61 00Toluene (*) 2902 30 10 (90)
Ethyl ether (*) Diethyl ether 2909 11 00Acetone (*) 2914 11 00
Methylethylketone (MEK) (*) Butanone 2914 12 00
(*)
The salts of these substances whenever the existence of such salts is possible.
(1)OJ L 278 du 28.10.1999, p. 1.!M31990R3677 — EN — 01.03.2001 — 003.001 — 11