Proposal for a European Parliament and Council Directive amending Council Directive 92/109/EEC relating to the manufacturing and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances (98/C 108/07) COM(98) 22 final - 98/0017 (COD)

(submitted by the Commission on 26 January 1998)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100A thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189B of the Treaty,

Whereas Council Directive 92/109/EEC imposes stringent controls on the manufacture and the placing on the market of 22 substances which may be diverted into the illicit manufacture of narcotic drugs or psychotropic substances (1);

Whereas Annex I of the Directive contains a list of 22 substances commonly used in the illicit manufacture of drugs;

Whereas a significant number of other substances, many of them traded legally in large quantities, have been identified as precursors to the illicit manufacture of synthetic designer drugs;

Whereas to subject these substances to the same strict controls as those listed in Annex I would present an unnecessary obstacle to trade involving licences to operate and documentation of transactions; whereas it is therefore necessary to establish a more flexible mechanism at Community level whereby the competent authorities in the Member States can be notified of suspicious transactions in these substances and take appropriate action.

HAS ADOPTED THIS DIRECTIVE

Article 1

Directive 92/109/EEC on the manufacture and the placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances is hereby modified as follows:

1. The title of Article 5 is amended to read as follows:

'Cooperation and regarding scheduled substances`

2. After Article 5, new Article 5a is inserted as follows:

'Article 5a

Cooperation regarding non-scheduled substances

Member States shall take appropriate measures to establish close cooperation between the competent authorities and operators, so that operators, on a voluntary basis, notify the competent authorities immediately of any circumstances, such as unusual orders and transactions involving any non-scheduled substances, which suggest that such substances may be diverted for the illicit manufacture of narcotic drugs or psychotropic substances.`

3. In Article 6, the following paragraph is added:

'2. With a view to pursuing the objectives of this Directive is described in Article 1(1), the competent authorities of each Member State may prohibit transactions of non-scheduled substances if there are reasonable grounds for suspecting that these substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.`

4. In Article 10, paragraph 1, the following subparagraph is added:

'In particular, with a view to facilitating cooperation under Article 5a and to ensuring a coherent approach throughout the Community, the committee shall establish and regularly update a list of non-scheduled substances which, according to the experience of competent authorities in the Member States or available at international level, are known to be used frequently in illicit manufacture. It shall also establish for which non-scheduled substances in this list Article 5a shall apply in all Member States. More generally, information shall be exchanged within the committee on the current situation as regards the use of new substances or new diversion methods, in order to facilitate any adaptation of the relevant Community provisions that may appear necessary.`

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 30 June 1999. They shall forthwith inform the Commission thereof. They shall apply these provisions as from 1 July 1999.

2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be determined by the Member States.

Article 3

This Directive is addressed to the Member States.

(1) OJ L 370, 19.12.1992, p. 76.