A4-0367/98

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 (COM(98)0022 - C4-0081/98 - 98/0017(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2

>Original text>

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

>Text following EP vote>

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

narcotic drugs and psychotropic substances,

(Amendment 3)

ARTICLE 1(3)

Article 6(2) (Directive 92/109/EEC)

>Original text>

2. With a view to pursuing the objectives of this Directive as 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.

>Text following EP vote>

2.

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

(Amendment 4)

ARTICLE 1(3a)(new)

Article 9(2a) (new) (Directive 92/109/EEC)

>Original text>

>Text following EP vote>

3a. In Article 9, the following paragraph is added:

"2a. The Commission shall submit an annual report to the European Parliament on the results of the monitoring measures for scheduled substances and the cooperation with regard to non-scheduled substances. It shall draw up this report in cooperation with the Member States.¨

(Amendment 5)

ARTICLE 1(4)

Article 10(1) new subparagraph (Directive 92/109/EEC)

>Original text>

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.

>Text following EP vote>

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.

These lists shall not be made public. 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 and national provisions that may appear necessary.

Legislative resolution embodying Parliament's opinion on the 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 (COM(98)0022 - C4-0081/98 - 98/0017(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(98)0022 - 98/0017(COD) ((OJ C 108, 7.4.1998, p.41.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament(C4-0081/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0367/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.