Council Regulation (EC) No 1116/2001 of 5 June 2001 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: 2001-06-05
Institutions: Council of the European Union
Subjects: EU Member State, chemical industry, cooperation policy, drug traffic, exchange of information, psychotropic substance

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Official Journal of the European Communities

8.6.2001

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1116/2001

of 5 June 2001

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,

the exercise of implementing powers conferred on the
Commission (2).

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

(5)

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

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

taken to discourage

Regulation (EEC) No 3677/90 (1) lays down measures to
be
certain
substances to the illicit manufacture of narcotic drugs
and psychotropic substances.

the diversion of

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 there-
fore 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 fore-
seen 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
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.

industry,

The provisions of Regulation (EEC) No 3677/90
concerning
be
amended to take account of Council Decision 1999/
468/EC of 28 June 1999 laying down the procedures for

committee

procedure

should

the

(1) OJ L 357, 20.12.1990, p. 1; Regulation as

last amended by
Commission Regulation (EEC) No 3769/92 (OJ L 383, 29.12.1992,
p. 17).

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 1(2), point (a) shall be replaced by the following:

including mixtures

‘(a) “scheduled substance” means any substance listed in the
Annex,
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 shall be 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) information on how to recognise and notify suspect

transactions;

(b) 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;

(2) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

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(c) other information which may be deemed useful.

This procedure shall be followed,

in particular, for:

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 shall be replaced by the following:

‘Article 10

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply.

The period laid down for in Article 4(3) of Decision 1999/
468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.’

4. The following Article shall be inserted:

‘Article 10a

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

(d) 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 imple-
mentation 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
The measures necessary for the implementation of
Regulation shall be adopted in accordance with the proce-
dure referred to in Article 10(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 Luxembourg, 5 June 2001.

For the Council

The President

L. ENGQVIST