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: 2002-03-14
Institutions: European Commission
Subjects: amendment of a law, export restriction, narcotic, psychotropic substance, regulation (EU)

25.6.2002

EN

Official Journal of the European Communities

C 151 E/293

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

(2002/C 151 E/23)

COM(2002) 98 final — 2002/0068(ACC)

(Submitted by the Commission on 14 March 2002)

THE COUNCIL OF THE EUROPEAN UNION,

2. Article 4 is replaced by the following:

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

Having regard to the Commission proposal,

Whereas:

(1) Council Regulation (EEC) No 3677/90 (1)

laid down
measures to be taken to discourage the diversion of
certain substances to the illicit manufacture of narcotic
drugs and psychotropic substances.

in Narcotic Drugs

(2) In the interests of clarity and in order to comply with
Article 12(10) of the United Nations Convention against
Psychotropic
Illicit Traffic
Substances of 19 December 1988, and with Resolution
20/4 of the 1998 Special Session on drugs of the United
Nations General Assembly, the provisions on export auth-
orisation for the scheduled substances listed in Category 1
of the Annex to Regulation (EEC) No 3677/90 should be
separated from those on pre-export notification.

and

(3) Regulation (EEC) No 3677/90 should therefore be amended

accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

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

‘Article 4

Export authorisation — Scheduled substances listed in
Category 1 of the Annex

1.
The exportation of scheduled substances listed in
Category 1 of the Annex shall be subject to authorisation
in the form of individual export authorisations issued by the
competent authorities of the Member State in which the
customs export declaration is to be lodged in accordance
with the provisions in force.

Applications

2.
paragraph 1 shall contain the following information:

authorisations

referred

for

to

in

(a) the names and addresses of the exporter, the importer in
the third country and any other operator involved in the
export operation or shipment, and also the ultimate
consignee;

(b) the name of

the scheduled substance as given in

Category 1 in the Annex;

(c) the quantity and weight of the scheduled substance and,
where a mixture is concerned, the quantity and weight
of the mixture as well as the quantity and weight, or the
percentage, of any substance listed in the Annex which
is contained in the mixture;

(d) details as

to the

transport arrangements,

and in
particular the expected date of dispatch, method of
the customs office where the
transport, name of
customs export declaration is to be lodged and, in so
far as such information is available at this stage, identi-
fication of the means of transport,
itinerary, expected
point of exit from Community customs territory and
the point of entry into the importing country.

1. In Article 2, point (1), the third indent is replaced by the

following:

In the cases referred to in paragraph 9, a copy of the import
permit issued by the country of destination shall be attached
to the application.

‘— the names and addresses of the exporter, the importer,
the distributor and, in accordance with Articles 4 to 5a,
the ultimate consignee.’

(1) OJ L 357, 20.12.1990, p. 1. Regulation last amended by Regulation
(EC) No 1116/2001 (OJ L 153, 8.6.2001, p. 4). The corrected
version is in OJ L 215, 9.8.2001, p. 57.

3.
A decision on the application shall be taken within a
period of fifteen working days from the date on which the
competent authority considers the file to be complete. This
period shall be extended if,
in the cases referred to in
paragraph 9,
the competent authorities are obliged to
make further enquiries in order to satisfy themselves that
the importation of the substances has been properly auth-
orised.

C 151 E/294

EN

Official Journal of the European Communities

25.6.2002

4. Without prejudice to any possible implementation of
technical enforcement measures, the export authorisation
referred to in paragraph 1 shall be refused if:

(a) there are reasonable grounds for suspecting that the
information supplied in compliance with paragraph 2
is false or incorrect;

(b) in the cases referred to in paragraph 9, it is established
that the importation of the scheduled substances has not
been properly authorised by the competent authorities
of the country of destination;

(c) there are reasonable grounds for suspecting that the
substances in question are intended for the illicit manu-
facture of narcotic drugs or psychotropic substances.

5.
If the particulars concerning the itinerary and means
of transport were not provided in the application referred to
in paragraph 2, the export authorisation shall state that the
furnish those particulars to the customs
operator must
the point of
authority or other competent authority at
exit
from the Community customs territory before the
physical departure of the consignment. In such cases the
export authorisation shall be annotated accordingly at the
time of issue.

6.
In all cases, the export authorisation shall be presented
to the customs authorities when the customs export
declaration is lodged. A copy of the authorisation shall,
furthermore, accompany the consignment to the customs
office at
the scheduled substances
from the Community customs territory. That office shall
insert, where appropriate,
the particulars referred to in
paragraph 5 and any other necessary particulars and affix
its stamp to the copy of the authorisation before returning
it to the issuing authority.

the point of exit of

7.
The issue of an export authorisation shall not preclude
any possible administrative or other liability of the holder of
the authorisation.

8.
An export authorisation may be suspended or revoked
by the competent authorities whenever there are reasonable
grounds
the substances might be
diverted to the illicit manufacture of narcotic drugs or
psychotropic substances.

suspecting that

for

under

between

agreement

9. Whenever,
the
an
Community and a third country, exports are not to be
authorised unless an import permit has been issued by
the competent authorities of
the latter country for the
substances in question, the Commission shall communicate
to the competent authorities of the Member States the name
and address of the competent authority of the third country,
together with any operational
information obtained from
that country.

3. The following Article 4a is inserted:

‘Article 4a

Pre-export notification — Scheduled substances listed
in Category 1 of the Annex

1.
Any exportation of scheduled substances listed in
Category 1 of the Annex shall be preceded by pre-export
notification sent to the country of destination in accordance
with the provisions of Article 12(10) of the United Nations
Convention against
Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 19 December 1988, and with
Resolution 20/4 of the 1998 Special Session on drugs of the
United Nations General Assembly.

The country of destination shall be allowed a fixed period of
time in which to reply, at the end of which the export
operation shall be authorised unless advice to the contrary
is received.

The competent authorities of

2.
the Member State
concerned shall, prior to any export of scheduled substances
to the country of destination,
supply the information
specified in Article 4(2) to the competent authorities of
that country.

The authority furnishing such information shall require the
authority in the third country receiving the information to
commercial or
keep confidential any trade, business,
professional secret or any trade process referred to therein.’

4. In Article 5, paragraph 2 is replaced by the following:

‘2.
Articles 4 and 4a shall apply mutatis mutandis to
exports referred to in paragraph 1 wherever they appear
to be intended, directly or indirectly, for any third country
which has been identified as being concerned by the illicit
manufacture of narcotic drugs or psychotropic substances
through the use of the scheduled substances in question.
in particular, on a
The said identification shall be based,
third
reasoned request
country concerned.

to the Commission from the

Article 4 shall also apply whenever an open individual
authorisation cannot be issued under paragraph 3.’

5. In Article 5a, paragraph 2 is replaced by the following:

‘2.
Exports of substances referred to in paragraph 1 shall
be subject mutatis mutandis to the provisions of Articles 4
and 4a wherever, under specific arrangements agreed with
the third countries concerned, an export authorisation and a
pre-export notification are required for each operation.

The competent authorities in the Member States shall satisfy
themselves that any importation has been properly auth-
orised,
if necessary by requesting confirmation from the
competent authority of the third country.’

Article 4 shall also apply whenever an open individual
authorisation cannot be
in accordance with
paragraph 3.’

issued

25.6.2002

EN

Official Journal of the European Communities

C 151 E/295

6. In Article 6, paragraphs 1 and 2 are replaced by the

following:

‘1.
In order to ensure the correct application of Article 2
and Articles 4 to 5a, each Member State shall adopt within
the framework of its domestic law the measures necessary
to enable the competent authorities:

(a) to obtain information on any orders for or operations

involving scheduled substances;

(b) to enter operators' business premises in order to obtain

evidence of irregularities.

competent authorities of each Member State may prohibit
the introduction of scheduled substances into Community
customs territory or their departure from it,
if there are
reasonable grounds for suspecting that the substances are
intended for the illicit manufacture of narcotic drugs or
psychotropic substances.’

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.

2. Without prejudice to the provisions laid down in
Articles 4 to 5a and in paragraph 1 of this Article, the

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