Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on drug precursors (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

2002/0217 (COD)

Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on drug precursors

(Text with EEA relevance)

1. Background

Transmission of the Proposal to the Council and the European Parliament - COM (2002) 494 final - 2002/0217 (COD) - in accordance with article 95 of the Treaty: 10 September 2002

Opinion of the European Economic and Social Committee: 26 February 2003

Opinion of the European Parliament - first reading: 11 March 2003

2. Objective of the Commission proposal

The main objective of the initial proposal was the updating of the EU system for controlling and monitoring of intra Community trade in certain chemicals that can be used for the manufacture of illegal drugs. By transforming the current Directive 92/109/EEC, including the EU implementing legislation (Regulation (EC) No 1485/96, as amended) into a Regulation, the Commission intends:

1. to improve and update the current EU precursors control system for internal trade;

2. to simplify the legislation, making it more user friendly, both for economic operators and for the national Competent Authorities;

3. to harmonise the two legal instruments dealing with the issue (Directive 92/109/EEC for internal EU trade and Regulation (EEC) No 3677/90 for trade between the EU and third countries), making it possible to update both instruments simultaneously, which is impossible today due to the need to implement national measures for the amendments to the Directive 92/109/EEC.

The amended proposal adds a new recital making more explicit the objective of the proposal.

3. Commission opinion on the amendments adopted by the Parliament

3.1. Amendments accepted by the Commission: 1

The Commission can accept amendment 1, which proposes the inclusion of a new recital 4a, making explicit the importance of the new instrument in the context of an EU that will comprise, from next year, 25 Member States:

(4a) The transformation of the current Directive into a Regulation becomes especially important in the context of the enlargement of the European Union where each modification of the Directive and its annexes would have triggered national implementation measures in 25 Member States.

3.2. Amendments not accepted by the Commission: 2 and 3.

The Commission cannot accept amendment 2, requiring the yearly updating of the list of non-scheduled substances subject to voluntary monitoring measures by operators. This list is currently reviewed and, if necessary, modified at each meeting of the Committee referred to in Art.15, which meets four times per year. The proposed amendment therefore entails no improvement to the system.

The Commission cannot accept amendment 3. The first part of the amendment would oblige Member States to send an annual report to the Commission on implementing measures. As the Regulation on adoption will be directly applicable, this proposed amendment is not appropriate. The second part of the amendment, requiring an evaluation of the new system three years after enter into force is not considered to bring added benefit. In that context it should be noted that the object of the Commission's proposal relates to a change in the instrument, namely from a Directive to a Regulation, without altering the system applicable. It is to be noted that an evaluation of the current system has already taken place in 2002.

3.3. Amended proposal

Having regard to Article 250 (2) of the EC Treaty, the Commission amends its proposal as indicated above.