Proposal for a Council Regulation (EC) amending Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances (98/C 108/06) COM(98) 22 final - 98/0016 (ACC)

(submitted by the Commission on 26 January 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas Council Regulation (EEC) No 3677/90 (1) of 13 December 1990 imposes stringent controls on the export, import and transit of 22 substances which may be diverted into the illicit manufacture of narcotic drugs or psychotropic substances;

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 the extension of the existing control mechanisms under the Regulation to the non-scheduled substances would considerably entail additional obstacles to the licit trade, thus putting at risk the efficiency of the monitoring system in place;

Whereas it is therefore necessary to establish at Community level a voluntary system of monitoring those non-scheduled substances which would be based on the cooperation between the authorities and the industry, so that operators notify authorities in the Member States of suspected transactions in the non-scheduled substances.

Whereas it is necessary to give the possibility to the competent authorities of taking appropriate action when it appears that non-scheduled substances could be diverted for the illicit manufacture of drugs;

Whereas in order to ensure a coherent monitoring system on chemical precursors within the whole territory of the Community it is necessary to share experience and information in the committee established by Article 10 of Regulation (EEC) No 3677/90;

Whereas, in particular, this committee will have to establish and update the list of non-scheduled substances to be monitored under this Regulation in all the Member States of the Community,

HAS ADOPTED THIS REGULATION:

Article 1

Council Regulation (EEC) No 3677/90 is hereby modified as follows:

1. The title of Article 3 is amended to read as follows:

'Cooperation regarding scheduled substances`

2. After Article 3, new Article 3a is inserted as follows:

'Article 3a

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 intended for import, export or transit may be diverted for the illicit manufacture of narcotic drugs or psychotropic substances.`

3. In Article 6, the following is inserted as second subparagraph in paragraph 2:

'With a view of pursuing the objectives of this regulation as described in Article 1(1), the provisions of the first subparagraph apply mutatis mutandis as regards any other chemical substances if there are reasonable grounds for suspecting that these substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.`

4. Article 10 is modified by the insertion of the following new third subparagraph in paragraph 1:

'In particular, with a view to facilitating cooperation under Article 3a 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 3a 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

This Regulation enters into force on the twentieth day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ L 357, 20.12.1990, p. 1. Regulation as last amended by Regulation (EEC) No 900/92 (OJ L 96, 10.4.1992, p. 1).