Agreement between the European Community and the Republic of Chile on precursors and chemical substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances
Date: 1998-11-24
Institutions: Chile, European Community
Subjects: Chile, administrative cooperation, chemical product, cooperation agreement (EU), drug addiction, drug traffic, illicit trade, psychotropic substance

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Official Journal of the European Communities

11. 12. 98

AGREEMENT

between the European Community and the Republic of Chile on precursors and
chemical substances frequently used for the illicit manufacture of narcotic drugs and
psychotropic substances

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community',

of the one part, and

THE REPUBLIC OF CHILE,

hereinafter referred to as ‘Chile',

of the other part,

hereinafter referred to as ‘the Contracting Parties',

WITHIN THE FRAMEWORK and development of the United Nations Convention of 1988 against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances, signed on 20 December 1988 in Vienna, hereinafter
referred to as ‘the 1988 Convention';

DETERMINED to prevent and combat the illicit manufacture of narcotic drugs and psychotropic substances
by preventing the diversion of precursors and chemical substances frequently used for such manufacture;

ACKNOWLEDGING Article 12 of the 1988 Convention;

ACKNOWLEDGING the Final Report on chemical substances of the Chemical Action Task Force (CATF),
approved by the London G-7 Economic Summit on 15 July 1991, and agreeing with the recommendation to
strengthen international cooperation by the conclusion of bilateral agreements between regions and countries
involved in the export, import and transit of these substances;

CONVINCED that international trade may be used for the diversion of the products in question, and that it is
necessary to conclude and implement agreements between the regions concerned, establishing a wide
cooperation and, in particular, linking export and import controls;

AFFIRMING their common commitment to setting up assistance and cooperation mechanisms between
Chile and the Community in order to prevent the diversion of controlled substances to illicit purposes, in
harmony with the guidelines and actions decided at international level;

RECOGNISING that these chemical substances are also mainly and more widely used for legitimate purposes
and that international trade must not be hindered by excessive monitoring procedures;

HAVE DECIDED to conclude an Agreement on the prevention of diversion of precursors and chemical
substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances, and, to this
end, have designated as their plenipotentiaries:

THE EUROPEAN COMMUNITY:

Judith GEBETSROITHNER,
Minister Plenipotentiary,
Deputy Permanent Representative of the Republic of Austria,
Chairman of the Permanent Representatives Committee — Part 1

Michel VANDEN ABEELE,
Director-General of the Directorate-General XXI — Taxation and customs union — of the Commission of
the European Communities

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THE REPUBLIC OF CHILE:

Mariano FERNÁNDEZ,
Deputy Minister for Foreign Affairs

WHO, having exchanged their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

Article 1

Scope of the Agreement

This Agreement sets out measures to strengthen
1.
administrative
cooperation between the Contracting
Parties to prevent the diversion of controlled substances
frequently used in the illicit manufacture of narcotic
drugs or psychotropic substances, without prejudice to the
trade and
recognition of
industry.

the legitimate interests of

For this purpose, the Contracting Parties shall, in
2.
accordance with their
legal, and where appropriate,
constitutional provisions and their legal framework, assist
each other in the manner and under the conditions set
out in this Agreement, in particular by:

— monitoring the trade between them in controlled
substances, with the aim of preventing their diversion
to use for illicit purposes,

— providing mutual administrative assistance ensuring
that the relevant legislation on the control of trade in
controlled substances is correctly applied.

3. Without prejudice to possible amendments which
might be adopted within the competence of the Joint
to the
Follow-up Group,
substances listed in Tables I and II of the Annex to the
1988 Convention as last amended referred to in this
Agreement as ‘controlled substances'.

this Agreement

applies

Article 2

Trade monitoring

1.
The Contracting Parties shall consult and inform
each other on their own initiative of any suspicion that
controlled substances may be diverted to the illicit manu-
facture of narcotic drugs or psychotropic substances, in
particular when a shipment occurs in unusual quantities
or under unusual circumstances.

2. With regard to the controlled substances listed in
Annex A to this Agreement, the competent authority of
the exporting Contracting Party shall, at the same time as
the export authorisation is issued and prior to the depar-
ture of the consignment, forward a copy of the export
authorisation to the competent authority of the importing
Contracting Party. Specific information shall be provided
where the operator benefits in the exporting country from
a general individual authorisation covering various export
operations.

3. With regard to the controlled substances listed in
Annex B to this Agreement, the export shall be author-
ised only when the importing Contracting Party has
granted its consent.

The Contracting Parties undertake to provide, recip-
4.
rocally and in good time, any feedback on information
provided or measures requested under this Article.

5. When implementing the abovementioned measures,
the legitimate interests of trade shall be duly respected. In
particular, in cases covered by paragraph 3, the reply by
the importing Contracting Party shall be provided within
15 working days of receiving the communication from
the exporting Contracting Party. The absence of a reply
within this period shall be deemed as equivalent to the
granting of an import authorisation. The refusal to grant
an import authorisation shall be notified in writing to the
exporting Contracting Party within this period and must
be substantiated.

Article 3

Suspension of shipment

1. Without prejudice to the application of pertinent
operational measures, shipments shall be suspended if, in
the opinion of either Contracting Party, there are suffi-
cient prior indications leading to the presumption that
specified controlled substances may be diverted to the
illicit manufacture of narcotic drugs or psychotropic
substances, or where, in the cases described in Article 2(3),
the importing Contracting Party requests the suspension,
subject in all cases to prior compliance with the rules and
procedures laid down in the legal
the
Contracting Party that is to adopt the measure of suspen-
sion.

framework of

2.
The Contracting Parties shall cooperate in supplying
each other with any information relating to presumed
diversion operations.

Article 4

Mutual administrative assistance

1.
The Contracting Parties shall supply to each other,
either on their own initiative or on request, any informa-
tion to prevent the diversion of controlled substances to
the illicit manufacture of narcotic drugs or psychotropic
substances or shall investigate cases of suspected diver-
sion. Where necessary they shall adopt appropriate
precautionary measures to prevent diversion.

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Any request for information or precautionary meas-

2.
ures shall be complied with as promptly as possible.

for

Requests

3.
administrative assistance shall be
complied with in accordance with the laws, regulations
and other legal instruments of the requested Contracting
Party.

4. Officials of a Contracting Party may, with the agree-
ment of the other Contracting Party, be present at the
enquiries carried out in the territory of the latter.

The Contracting Parties shall assist each other to

5.
facilitate the exchange of evidence.

6.
Administrative assistance provided under this Article
shall not prejudice the rules governing mutual legal assist-
ance in criminal matters, nor shall it apply to information
obtained under powers exercised at the request of a judi-
cial authority, unless the said authority so agrees.

Information may be requested in respect of chem-
7.
ical substances which are frequently used in the illicit
manufacture of narcotic drugs or psychotropic substances
but which are not included in the scope of this Agree-
ment.

Article 5

Information exchange and confidentiality

Any information communicated,

1.
in whatsoever
form, pursuant to this Agreement shall be of a confiden-
tial or restricted nature, depending on the rules applicable
in each of the Contracting Parties. It shall be covered by
the obligation of official secrecy and shall enjoy the
protection extended to similar information under the
relevant
laws or provisions applicable to the subject
matter in the Contracting Party which received it.

applicable

2. Data relating to natural persons may be exchanged
only where the receiving Contracting Party undertakes to
afford such data at least the same level of protection as
that
in the
to that particular
Contracting Party liable to supply them. To this end, the
Contracting Parties shall provide each other with infor-
mation setting forth the applicable standards of
the
Contracting Parties, including where appropriate the rules
of law of the Member States of the Community.

instance

this Agreement. Where one of

Information obtained shall be used solely for the
3.
purposes of
the
Contracting Parties requests the use of such information
it shall obtain the prior written
for other purposes,
consent of the competent authority which supplied the
information. Moreover, such use shall be subject to any
restrictions laid down by that authority.

4.
Paragraph 3 shall not impede the use of information
in any court or administrative proceedings instituted as a
consequence of failure to comply with substance control
legislation. The competent authority which supplied that
information shall be notified of such use.

Article 6

Exceptions to the obligation to provide assistance

1.
The Contracting Parties may refuse to give assist-
ance provided for under this Agreement, where to do so
would:

(a) be likely to prejudice the sovereignty of Chile or of a

Member State of the Community,

(b) be likely to prejudice public policy and security or
other essential interests, in particular the cases referred
to in Article 5(2), or

(c) be likely to breach an industrial, commercial or

professional secret.

If one Contracting Party requests assistance which it
2.
could not supply itself entirely or partially on a similar
request, it shall state this situation in its request. The
other Contracting Party shall then decide in what form it
can comply with the request.

3.
If assistance is refused, the decision and its explan-
atory reasons shall be notified without delay to the other
Contracting Party.

Article 7

Technical and scientific cooperation

The Contracting Parties shall cooperate in the identifica-
tion of new diversion methods as well as appropriate
cooperation to
including technical
countermeasures,
strengthen administrative, investigation and control struc-
tures in this field and promote cooperation with trade and
industry. Such technical cooperation may concern,
in
particular,
training and exchange programmes for the
officials concerned as well as the equipment necessary for
the application of this Agreement.

Article 8

Implementation measures

The Contracting Parties shall endeavour to imple-
1.
ment this Agreement taking into account the necessity of
a
approach to legislation on controlled
substances for the entire American continent.

consistent

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2.
Each Contracting Party shall appoint a competent
authority or competent authorities to coordinate the
application of
this Agreement. These authorities shall
communicate directly with one another for the purposes
of this Agreement.

— in the cases provided for in paragraph 3, it shall make

recommendations,

— it shall study and develop the technical assistance

referred to in Article 7,

The Contracting Parties

3.
informed of
application of this Agreement.

the provisions which they adopt

shall keep each other
for the

— it shall study and develop other possible forms of
controlled

in matters

relating

to

cooperation
substances.

Article 9

Joint Follow-up Group

1.
A Joint Follow-up Group on the control of pre-
cursors and chemical substances is hereby established,
hereinafter referred to as ‘the Joint Follow-up Group', in
which each Contracting Party to this Agreement shall be
represented. This Group is considered as a sub-group
under the Joint Committee set up by Article 35(1) of the
framework Cooperation Agreement leading ultimately to
the establishment of a political and economic association
between the European Community and its Member
States, of the one part, and the Republic of Chile, of the
other part (1).

The Joint Follow-up Group shall act by mutual
2.
agreement. It shall normally meet once a year, with the
date, place and programme being fixed by mutual agree-
ment. In so far as possible, these meetings shall be or-
ganised simultaneously with those of other joint commit-
tees or joint groups on the control of precursors and
chemical substances set up between the Community and
other Member States of the Organisation of American
States.

The Joint Follow-up Group shall adopt by mutual

2.
consent decisions to amend Annexes A and B.

Such decisions shall be implemented by the Contracting
Parties in accordance with their own legislation.

If, in the Joint Follow-up Group, a representative of a
Contracting Party has accepted a decision subject to the
completion of the procedures necessary for that purpose,
the decision shall enter into force, if no date is contained
therein, on the first day of the second month after such a
completion is notified.

The Joint Follow-up Group shall recommend to the

3.
Contracting Parties:

(a) amendments to this Agreement;

(b) any other measure required for the application of this

Agreement.

Article 11

Obligations imposed under other agreements

Extraordinary meetings of the Joint Follow-up Group
may be convened by agreement of
the Contracting
Parties.

1.
Taking into account the respective competences of
the Community and its Member States, the provisions of
this Agreement shall:

The Joint Follow-up Group shall adopt its own rules

3.
of procedure.

Article 10

Powers of the Joint Follow-up Group

1.
The Joint Follow-up Group shall administer this
Agreement and ensure its proper application. For this
purpose:

— it shall study and develop the necessary detailed rules
to ensure the correct functioning of this Agreement,

— it shall be regularly informed by the Contracting
Parties of their experience in applying this Agree-
ment,

— in the cases provided for in paragraph 2, it shall take

decisions,

(1) OJ L 209, 19. 8. 1996, p. 5.

— not affect the obligations of the Contracting Parties
arising under any other international agreement or
convention,

— be deemed complementary with agreements covering
controlled substances which have been or may be
concluded between individual Member States and
Chile, and

— not affect

the provisions governing the commun-
the
ication between the
services of
Commission and the customs authorities of
the
Member States of any information obtained under this
Agreement which could be of
to the
Community.

competent

interest

2. Notwithstanding the provisions of paragraph 1, the
provisions of this Agreement shall take precedence over
the provisions of any bilateral agreements on controlled
substances which have been or may be concluded
between individual Member States and Chile, in so far as
the provisions of the latter are incompatible with those of
this Agreement.

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3.
In respect of questions relating to the applicability
of this Agreement, the Contracting Parties shall consult
each other to resolve the matter in the framework of the
Joint Follow-up Group set up under Article 9.

4.
The Contracting Parties shall also notify each other
of any measures in the field of substance control taken
with other countries.

Article 12

Entry into force

This Agreement shall enter into force on the first day of
the second month following the date on which the
respective
Contracting Parties have exchanged their
instruments of ratification, acceptance or approval,
in
accordance with the legislation of each Contracting Party.

Article 13

Duration and denunciation

This Agreement shall be concluded for a period of
1.
five years and, unless otherwise stated, it will be automati-

cally renewable for successive periods of the same dura-
tion.

This Agreement may be amended by mutual

2.
consent of the Contracting Parties.

3.
Either Contracting Party may denounce this Agree-
ment provided it gives 12 months’ prior notice in writing
to the other Contracting Party.

Article 14

Authentic texts

This Agreement, which is drawn up in duplicate in the
Danish, Dutch, English, Finnish, French, German, Greek,
Italian, Portuguese, Spanish and Swedish languages all
texts being equally authentic, shall be deposited in the
archives of the General Secretariat of the Council of the
European Union, which shall deliver a certified copy
thereof to each Contracting Party.

Hecho en Bruselas, el veinticuatro de noviembre de mil novecientos noventa y ocho.

Udfærdiget i Bruxelles den fireogtyvende november nitten hundrede og otteoghalvfems.

Geschehen zu Brüssel am vierundzwanzigsten November neunzehnhundertachtundneunzig.

(cid:130)cime stir Bqun(cid:146)kker, stir e(cid:148)josi t(cid:146)sseqir Moelbq(cid:148)ou w(cid:148)kia emmiaj(cid:149)sia emem(cid:147)mta ojt(cid:150).

Done at Brussels on the twenty-fourth day of November in the year one thousand nine hundred
and ninety-eight.

Fait à Bruxelles, le vingt-quatre novembre mil neuf cent quatre-vingt-dix-huit.

Fatto a Bruxelles, addì ventiquattro novembre millenovecentonovantotto.

Gedaan te Brussel, de vierentwintigste november negentienhonderd achtennegentig.

Feito em Bruxelas, em vinte e quatro de Novembro de mil novecentos e noventa e oito.

Tehty Brysselissä kahdentenakymmenentenäneljäntenä päivänä marraskuuta vuonna tuhatyhdek-
sänsataayhdeksänkymmentäkahdeksan.

Som skedde i Bryssel den tjugofjärde november nittonhundranittioåtta.

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Por la Comunidad Europea
For Det Europaeiske Faellesskab
Für die Europäische Gemeinschaft
Cia tgm Euqypa(cid:152)j(cid:147) Joim(cid:149)tgta

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
För Europeiska gemenskapen

Por la República de Chile
For Republikken Chile
Für die Republik Chile
Cia tg Dglojqat(cid:148)a tgr Wik(cid:147)r

For the Republic of Chile
Pour la République du Chili
Per la Repubblica del Cile
Voor de Republiek Chili
Pela República do Chile
Chilen tasavallan puolesta
För Republiken Chile

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ANNEX A

SUBSTANCES SUBJECT TO THE MEASURES REFERRED TO IN ARTICLE 2(2)

Methyl ethyl ketone

Toluene

Potassium permanganate

Sulphuric acid

Acetone

Ethyl ether

Hydrochloric acid

Acetic anhydride

Anthranilic acid

Phenylacetic acid

Piperidine

ANNEX B

SUBSTANCES SUBJECT TO THE MEASURES REFERRED TO IN ARTICLE 2(3)

Note: The list of substances must always include a reference to their salts, where appropriate.