Commission Regulation (EC) No 1251/2001 of 26 June 2001 amending Regulation (EEC) No 3769/92 implementing and amending Council 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: 2001-06-26
Institutions: European Commission
Subjects: chemical product, customs inspection, drug traffic, export (EU), illicit trade, third country

L 173/26

EN

Official Journal of the European Communities

27.6.2001

COMMISSION REGULATION (EC) No 1251/2001

of 26 June 2001

amending Regulation (EEC) No 3769/92 implementing and amending Council 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 COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3677/90 of 13
December 1990 laying down measures
to be taken to
discourage the diversion of certain substances to the illicit
manufacture of narcotic drugs and psychotropic substances (1),
as last amended by Regulation (EEC) No 1116/2001 (2), and in
particular Article 10(3) thereof,

Having regard to Commission Regulation (EEC) No 3769/92 of
21 December 1992 implementing and amending Council
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 (3), as last amended by Regulation (EC) No 1610/
2000 (4),

Whereas:

(1)

Member States must be made aware of the obligation to
send pre-export notification following a request made
under Article 12.10 of the United Nations Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances and UN General Assembly Resolution S-20/
4.

Article 1

Regulation (EEC) No 3769/92 is amended as follows:

1. Article 2 is replaced by the following:

‘Article 2

Specific export requirements for Category 2 scheduled
substances

Pursuant to Article 5(2) of the basic Regulation, exports of
scheduled substances in Category 2 are subject mutatis
mutandis to the provisions of Article 4 of the basic Regula-
tion whenever they are destined for an operator established
in a country which is included in the list published in the C
series of the Official Journal. The list shall be kept up to
date by the European Commission.’

2. Article 3 is replaced by the following:

‘Article 3

Specific export requirements for Category 3 scheduled
substances

Without prejudice to more specific requirements to be
determined on the basis of agreements with the countries
concerned, exports of scheduled substances in Category 3
are subject, pursuant to Article 5a(2) of the basic Regula-
tion, to the provisions of Article 4 of the basic Regulation
whenever they are destined for an operator established in a
country which is included in the list published in the C
series of the Official Journal and an open individual author-
isation cannot be granted pursuant to paragraph 3 of that
Article. The list shall be kept up to date by the European
Commission.’

Article 2

(2)

In order to speed up the response to such requests, it is
desirable to shorten and simplify the procedure for
amending the lists of countries requiring notification,

This Regulation shall enter
into force on the 20th 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.

Done at Brussels, 26 June 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 357, 20.12.1990, p. 1.
(2) OJ L 153, 8.6.2001, p. 4.
(3) OJ L 383, 29.12.1992, p. 17.
(4) OJ L 185, 25.7.2000, p. 30.