Proposal for a Council Regulation 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
Date: 2001-02-07
Institutions: European Commission
Subjects: International Narcotics Control Board, administrative cooperation, drug traffic, international trade, narcotic, psychotropic substance

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.02.2001
COM(2001) 44 final

2001/0034 (ACC)

Proposal for a

COUNCIL REGULATION

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EEC) No 3677/90 of 13 December 1990 lays down measures to
be taken to discourage the diversion of certain substances to the illicit manufacture of
narcotic drugs and psychotropic substances.

The measures applicable to sassafras oil are currently interpreted in different ways in
the Community, since it is regarded as a mixture containing safrole and is therefore
controlled in some Member States, while other Member States regard it as a natural
product not subject to controls. Inserting a reference to natural products in the
definition of "scheduled substance" resolves this discrepancy and therefore allows
controls to be applied to sassafras oil, but only natural products from which
scheduled substances can be easily extracted are covered by the definition.

Further provision should be made for drawing up guidelines to underpin cooperation
between the authorities of the Member States and the chemical industry with regard
to substances which, although not covered by the rules on precursors, may be used in
the illicit manufacture of synthetic drugs. The establishment of a cooperation
procedure is foreseen in the European Union's anti-drug action plan, approved by the
Santa Maria da Feira European Council on 19 and 20 June 2000.

In amending the Council Regulation, due account should be taken of the provisions
of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the Commission.

The Council
Regulation (EEC) No 3677/90.

is

requested to approve

the proposal

for

amendment

of

1.

2.

3.

4.

5.

2

2001/0034 (ACC)

Proposal for a

COUNCIL REGULATION

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 133 thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

Council Regulation (EEC) No 3677/902 lays down measures to be taken to discourage
the diversion of certain substances to the illicit manufacture of narcotic drugs and
psychotropic substances.

The measures applicable to sassafras oil are currently interpreted in different ways in
the Community, since it is regarded as a mixture containing safrole and is therefore
controlled in some Member States, while other Member States regard it as a natural
product not subject
to controls. Inserting a reference to natural products in the
definition of scheduled substance should resolve this discrepancy and therefore allow
controls to be applied to sassafras oil. Only natural products from which scheduled
substances can be easily extracted should be covered by the definition.

The establishment of a cooperation procedure is foreseen in the European Union's
anti-drug action plan, approved by the Santa Maria da Feira European Council on
19 and 20 June 2000. To underpin cooperation between the authorities of
the
Member States and the chemical industry, in particular as regards substances which,
although not covered by the rules on precursors, may be used in the illicit manufacture
of synthetic drugs, the Commission should be given responsibility for drawing up
guidelines to assist that industry.

The provisions of Regulation (EEC) No 3677/90 concerning the committee procedure
should be amended to take account of Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of implementing powers conferred on
the Commission3.

(5)

Regulation (EEC) No 3677/90 should be amended accordingly,

1

2

3

OJ C
OJ L 357, 20.12.1990, p. 1; Regulation last amended by Commission Regulation (EEC) No 3769/92 of
21 December 1992 (OJ L 383, 29.12.1992, p. 17).
OJ L 184, 17.7.1999, p. 23.

3

HAS ADOPTED THIS REGULATION:

Regulation (EEC) No 3677/90 is amended as follows:

(1)

In Article 1(2), point (a) is replaced by the following:

Article 1

"(a)

"scheduled substance" means any substance listed in the Annex, including
mixtures and natural products containing such substances. This excludes
medicines, pharmaceutical preparations, mixtures, natural products or other
preparations containing scheduled substances that are compounded in such a
way that such substances cannot be easily used or recovered by readily
applicable or economically viable means;"

(2)

The following Article 3a is inserted:

"Article 3a

Guidelines

1.

In order to facilitate the cooperation referred to in Article 3 and to extend it to cover
non-scheduled substances commonly used in the illicit manufacture of narcotic drugs
and psychotropic substances, the Commission shall, acting in accordance with the
procedure referred to in Article 10(2), draw up and update guidelines to assist the
chemical industry.

2.

The guidelines shall provide, in particular:

(a)

(b)

information on how to recognise and notify suspect transactions;

a regularly updated list of non-scheduled substances commonly used in
the illicit manufacture of narcotic drugs and psychotropic substances, to
enable the industry to monitor on a voluntary basis the trade in such
substances;

(c)

other information which may be deemed useful.

3.
The Member States shall ensure that the guidelines and the list referred
to in paragraph 2(b) are regularly disseminated in a manner deemed
appropriate by the competent authorities in line with the objectives of the
guidelines."

(3)

Article 10 is replaced by the following:

1.

The Commission shall be assisted by a committee composed of representatives
of the Member States and chaired by the representative of the Commission.

"Article 10

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2.

3.

Where reference is made to this paragraph, the management procedure laid
down in Article 4 of Decision 1999/468/EC shall apply, in compliance with
Article 7 thereof.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be
three months."

(4)

The following Article 10a is inserted:

The measures necessary for the implementation of this Regulation shall be adopted in
accordance with the procedure referred to in Article 10(2).

"Article 10a

This procedure shall be followed, in particular, for:

(a)

the determination of the quantities of the scheduled substances listed in
Category 3 and the identification of mixtures containing scheduled
substances listed in Category 3 pursuant to the second subparagraph of
Article 2a(2);

(b)

the identification of countries and substances pursuant to Article 5(2);

(c)

(d)

the adoption of export authorisation requirements pursuant to Article 5a
(1)(b) whenever there is no agreement with the third country in question;

the adoption of the model export authorisation form referred to in Article
4, as well as the detailed rules concerning its use and the detailed rules
for implementation of the open individual authorisation system referred
to in Articles 5 and 5a;

(e)

the amendment of the annex to this Regulation in cases where the tables
in the annex to the United Nations Convention are themselves amended."

Article 2

This Regulation shall enter into force on the twentieth day following that of 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.

Done at Brussels,

For the Council

The President

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