1992R3769 — EN — 30.07.2002 — 005.001 — 1
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►B COMMISSIONREGULATION(EEC)No3769/92
of21December 1992
implementing and amending Council Regulation (EEC) No 3677/90 laying down measures to be
takentodiscouragethediversionofcertainsubstancestotheillicitmanufactureofnarcoticdrugs
andpsychotropicsubstances
(OJ L 383, 29.12.1992, p. 17)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 2959/93 of 27 October 1993 L 267 8 28.10.1993
►M2Commission Regulation (EC) No 2093/97 of 24 October 1997 L 292 11 25.10.1997
►M3Commission Regulation (EC) No 1610/2000 of 24 July 2000 L 185 30 25.7.2000
►M4Commission Regulation (EC) No 1251/2001 of 26 June 2001 L 173 26 27.6.2001
►M5Commission Regulation (EC) No 1232/2002 of 9 July 2002 L 180 5 10.7.2002
Corrected by:
►C1Corrigendum, OJ L 3, 5.1.1994, p. 8 (2959/93)
▼B
COMMISSIONREGULATION(EEC)No3769/92
of21December 1992
implementingandamendingCouncilRegulation(EEC)No3677/90
laying down measures to be taken to discourage the diversion ofcertain substances to the illicit manufacture of narcotic drugs and
psychotropicsubstances
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 narcoticdrugs and psychotropic substances(
1), asamended 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 bas ic Regulation’;
Whereas the threshold quantities of the scheduled substances listed in
Category 3 of the Annex to the basic Regulation and the identificationof 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 basicRegulation, the export requirements for scheduled substances in Cate-gory 3 must be identified, in particular, on the basis of a concertedapproach 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 suchdrugs 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 Regulationshould therefore be gradually supplemented to the extent that suchcontacts lead to concrete results;
Whereas it is necessary to design a model of the individual export
authorization aswell asdetailed rulesconcerning itsus e and further-
more to establish such rules for implementing the open individual
authorization scheme provided for in relation to certain exports ofCategory 2 and 3 substances;
Whereas the Community should implement the decision taken by the
Commission on Narcotic Drugs (CND) of the United Nations in April1992 to include the substances safrole, piperonal and isosafrole inTable I of the Annex to the 1988 UN Convention against illicit trafficin 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 Regulationshould therefore be replaced; the decision was based on the groundsthat the characteristics of the said substances are very similar to thosealready contained in Table I aswell asthos e 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 anexceptional measure relating to international trade which would1992R3769 — EN — 30.07.2002 — 005.001 — 2
(1) OJ No L 357, 20. 12. 1990, p. 1.
(2) OJ No L 96, 10. 4. 1992, p. 1.
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provide no precedent as to other possible divergences with regard to
the classification under the CATF report;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the DrugsPrecurs orsCommittee,
HAS ADOPTED THIS REGULATION:
Article 1
Exemptions from the registration requirement for sched-
u l e dsu b st a n c e s l i st e di nC a t e g o r y3
1. Operators engaged in the export of scheduled substances listed in
Category 3 of the Annex to the basic Regulation shall be exempt fromthe registration requirement laid down in Article 2a (2) of the basicRegulation if the sum of quantities concerned by their exports during
the course of the preceding calendar year (1 January — 31 December)
doesnot exceed the amountss pecified in Annex 1 to thisRegulation.However, ass oon ass uch amountsare exceeded within the currentcalendar year, the registration requirement must be complied withimmediately.
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 thisArticle if the amount of the s cheduledsubstance contained therein does not exceed, during the course of thepreceding calendar year, the amountsreferred to in the s aid paragraph1. However, ass oon ass uch amountsare 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 theamountss pecified in Annex 1, and who intend to continue to exportthose substances, are required to register with the competent authoritiesand notify the information referred to in Article 2a (2) of the basic
Regulation by 31 January 1993.
Article 2
Specific export requirements for scheduled substances
l i st e di nC a t e g o r y2
Pursuant to Article 5(2) of the basic Regulation, exports of scheduled
substances listed in Category 2 are subject mutatis mutandis to the
provisions of Articles 4 and 4a of the basic Regulation whenever they
are intended for an operator established in a country which is listed andpublished in the Official Journal of the European Communities C
series. These lists shall be regularly updated by the European Commis-sion.
Article 3
Specific export requirements for scheduled substances
l i st e di nC a t e g o r y3
Without prejudice to more specific requirements to be determined on
the basis of agreements with the countries concerned, exports of sched-uled substances in Category 3 are subject, pursuant to Article 5a(2) of
the basic Regulation, to the provisions of Article 4 and 4a of the basic
Regulation whenever they are intended for an operator established in acountry which is included in the list published in the Official Journal
of the European Communities C series and an open individual authori-
sation cannot be granted pursuant to paragraph 3 of that Article. Theselists shall be regularly updated by the European Commission.1992R3769 — EN — 30.07.2002 — 005.001 — 3
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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 isgiven 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 languagesof the Community. Export authorizationsshall be made out in one of these languages and in accordance with theprovisions 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 bymechanical or chemical meansapparent to the eye.
3. Member Statesmay res erve the right to print the export authori-
zation formsthems elvesor may have them printed by printersapproved by them. In the latter case, each export authorization formmust include a reference of such approval. In addition, the exportauthorization form must bear the name and address of the printer or amark 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 2is 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 substancesfrom the Community customs territory, and No 3 is to be kept by theoperator to whom the authorization hasbeen granted. Further copiesmay be provided asrequired.
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 competentauthoritiesin 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 thedirector or the person responsible for ensuring that exports ofscheduled substances are carried out in compliance with the provi-sions of this Regulation;
(b) details in summary form of export transactions in the scheduled
substances concerned which he has made in the twelve monthspreceding 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 isrequired;
(c) detailsof the precautionshe hastaken to prevent the divers ion of
scheduled substances to the illicit manufacture of narcotic drugsand psychotropic substances, and in particular, the arrangementsfor complying with Article 3 of the basic Regulation.
2. Without prejudice to technical enforcement measures, the author-
ization referred to in paragraph 1 above shall be suspended or revokedpursuant to Articles 5 (3) and 5a (3) of the basic Regulation, orrefused, in particular, if:
(a) there are reasonable grounds for suspecting that the information
supplied in compliance with the obligations under the said para-graph 1 isincorrect;
(b) there are reasonable grounds for suspecting that the precautions
taken are not sufficient to prevent the diversion of scheduledsubstances to the illicit manufacture of narcotic drugs and psycho-tropic substances or for believing that the operator or the person1992R3769 — EN — 30.07.2002 — 005.001 — 4
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responsible in the case of a legal person, does not provide suffi-
cient safeguard against the risk of diversion.
3. Notwithstanding the existence of the authorization referred to in
paragraph 1 above, individual export operationsundertaken under the
cover of thisauthorization may be prohibited by the competent autho-
rities pursuant to Article 6 (2) of the basic Regulation.
4. Without prejudice to the obligationsunder Article 2 of the bas ic
Regulation, the holder of the authorization referred to in paragraph 1above shall comply with following obligations:
(a) enter the number of thisauthorization in any relevant cus toms
export declaration;
(b) carry out the entry into the recordsreferred 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 exportauthorization, the entry shall contain the number (if any) and placeand date of issue of the import permit issued by the destinationcountry; a copy of thispermit s hall 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 1which is submitted to the customs office at the point of exit fromthe 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 operationscarried out under the authorization. The contentof 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 thisinformation is not supplied, the authorization may be suspended orrevoked;
(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 para-
graph 1 shall conform to the specifications which are given in Annex 5.
Article 6
Scheduled substances
The Annex to the basic Regulation is replaced by the following:
‘ANNEX
SubstanceCN denomination
(if different)CN code
CATEGORY 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 Methylenedioxyphenyl-
propan-2-one2932 90 77
Isosafrole (cis + trans) 2932 90 73
Piperonal 2932 90 751992R3769 — EN — 30.07.2002 — 005.001 — 5
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SubstanceCN denomination
(if different)CN code
Safrole 2932 90 71
The salts of the substances listed in this Category whenever the existence of
such salts is possible.
CATEGORY 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.
CATEGORY 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
ThisRegulation s hall enter into force on 1 January 1993.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1992R3769 — EN — 30.07.2002 — 005.001 — 6
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ANNEX I
Substance Quantity
Acetone (1) 50 kg
Ethyl ether (1) 20 kg
Methylethylketone (1) 50 kg
Toluene (1) 50 kg
Sulphuric acid 100 kg
Hydrochloric acid 100 kg
(1) The salts of these substances whenever the existence of such salts is possible.1992R3769 — EN — 30.07.2002 — 005.001 — 7
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ANNEX II
Substance Destination
Acetic anhydride (1) Argentina
Benin
Bolivia
Brazil
Colombia
Chile
Costa Rica
Cyprus
Czech Republic
Ecuador
Ethiopia
Guatemala
Hong Kong
India
Indonesia
Iran
Jordan
Lebanon
Macao
Malaysia
Mexico
Moldova
Myanmar (Burma)
Nigeria
Paraguay
Peru
Singapore
Saudi Arabia
South Africa
Sri Lanka
Syria
Tajikistan
Thailand
The Cayman Islands
Philippines
Russian Federation
Turkey
United Arab Emirates
Venezuela
Anthranilic acid (1) Bolivia
Chile
Colombia
Ecuador
India
Mexico
Peru
United Arab Emirates
Venezuela
Phenylacetic Acid (1)
Piperidine (1)Bolivia
Chile
Colombia
Ecuador
Mexico
Peru
United Arab Emirates
United Statesof America
Venezuela
(1) This includes the salts of these substances, except for sulphuric acid and hydrochloric
acid whenever the existence of such salts is possible.1992R3769 — EN — 30.07.2002 — 005.001 — 8
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ANNEX III
Substance Destination
Methylethyl ketone (1)
Toluene (1)
Sulphuric acid (1)Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
Ecuador
El Salvador
Guatemala
Honduras
Hong Kong
Panama
Paraguay
Peru
Syria
Thailand
Uruguay
United Arab Emirates
Venezuela
Potassium permanganate (1) Argentina
Benin
Bolivia
Brazil
Chile
Colombia
Costa Rica
Cyprus
Czech Republic
Ecuador
El Salvador
Ethiopia
Guatemala
Honduras
Hong Kong
Jordan
Macao
Malaysia
Moldova
Nigeria
PanamaParaguay
Peru
Saudi Arabia
South Africa
Sri Lanka
Syria
Tajikistan
Thailand
Cayman Islands
Philippines
Russian Federation
Turkey
Uruguay
United Arab Emirates
Venezuela
Acetone (
1)
Ethyl ether (1)Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
Ecuador
El Salvador
Guatemala
Honduras
Hong Kong
Iran
Lebanon
Mexico
Myanmar (Burma)1992R3769 — EN — 30.07.2002 — 005.001 — 9
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Substance Destination
Panama
Paraguay
Peru
Singapore
Syria
Thailand
Turkey
United Arab Emirates
Uruguay
Venezuela
Hydrochloric acid Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
Ecuador
El Salvador
Guatemala
Honduras
Hong Kong
Iran
Lebanon
Myanmar (Burma)
Panama
Paraguay
Peru
Singapore
Syria
Thailand
Turkey
United Arab Emirates
Uruguay
Venezuela
(1) This includes the salts of these substances, except for sulphuric acid and hydrochloric
acid whenever the existence of such salts is possible.1992R3769 — EN — 30.07.2002 — 005.001 — 10
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ANNEX IV
INDIVIDUALAUTHORIZATIONFOREXPORTOFSUBSTANCESLISTEDINTHEANNEXTOREGU-
LATION(EEC)No3677/90
1992R3769 — EN — 30.07.2002 — 005.001 — 11
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1992R3769 — EN — 30.07.2002 — 005.001 — 12
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1992R3769 — EN — 30.07.2002 — 005.001 — 13
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NOTES
1. Boxes1, 3, 4 and 6 to 18 inclus ive 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 be
supplemented at the latest when the export declaration is lodged and the
supplementary information for boxes 9 to 12 is to be given to the customsor 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 the end-
user).
5. Boxes9 and 10: Give the name of the port, airport or border point asappro-
priate.
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 the
quantitative data concerned.
10. Box 18:
— Indicate in block lettersthe name of the applicant or, where appropriate,
of his authorized representative who signs this application.
— The signature by the applicant or his authorized representative,
according to the modalitiesprovided for by the Member State
concerned, shall indicate that the person concerned is declaring that all
the particularsprovided on the application are correctly and fully s tated.
Without prejudice to the possible application of penal provisions, this
declaration shall be equivalent to the engagement of responsibility,
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 documentsattached, and
— the observance of all the obligations inherent in the exportation of
scheduled substances listed in the Annex of Regulation (EEC) No
3677/90 asamended by Regulation (EEC) No 900/92.
— Whenever the authorization is issued by means of a computerized proce-
dure, that authorization may not contain the signature of the applicant in
this box, if the application as such contains such signature.1992R3769 — EN — 30.07.2002 — 005.001 — 14
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ANNEX V
The open individual authorization for export of substances listed in Cate-
gories2and3oftheAnnextoRegulation(EEC)No3677/90
1. The open individual authorization form isthe s ame asthat referred to in
Annex IV.
2. It shall bear, across the whole page, the words:
Licencia genérica individual
Åben individuel eksporttilladelseOffene Einzelgenehmigung
Ανοικτή κατά περίπτωση άδεια εξαγωγής
Open individual export authorizationAutorisation générale individuelle
Autorizzazione singola aperta all'esportazione
Individuele 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.1992R3769 — EN — 30.07.2002 — 005.001 — 15