Council Regulation (EC) No 988/2002 of 3 June 2002 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: 2002-06-03
Institutions: Council of the European Union
Subjects: drug traffic, export licence, international trade, narcotic, psychotropic substance

11.6.2002

EN

Official Journal of the European Communities

L 151/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 988/2002

of 3 June 2002

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,

2. Article 4 shall be replaced by Articles 4 and 4a as follows:

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

‘Article 4

Having regard to the Commission proposal (1),

Pre-export notification

Whereas:

(1)

(2)

taken to discourage

Regulation (EEC) No 3677/90 (2) laid down measures to
be
certain
substances to the illicit manufacture of narcotic drugs
and psychotropic substances.

the diversion of

In the interests of clarity and in order to comply with
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 provisions on export
the scheduled substances listed in
authorisation for
Category 1 of the Annex to Regulation (EEC) No 3677/
90 should be separated from those on pre-export noti-
fication.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

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 period of time
in which to reply of up to 15 working days, at the end of
which the export operation shall be authorised by the
competent authorities of the Member State of export, unless
advice to the contrary is received.

The competent authorities of

the Member State
2.
concerned shall, prior to any export of scheduled substances
to the country of destination, supply the information speci-
fied in Article 4a(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
keep confidential any trade, business, commercial or profes-
sional secret or any trade process referred to therein.

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

Article 4a

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

the following:

Export authorisation

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

(1) Proposal of 14 March 2002 (not yet published in the Official

Journal).

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

Scheduled substances listed in Category 1 of the Annex

The exportation of scheduled substances listed in
1.
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 made in accordance
with the provisions in force.

L 151/2

EN

Official Journal of the European Communities

11.6.2002

Applications for authorisations referred to in para-

2.
graph 1 shall contain the following information:

authorisation shall be annotated accordingly at the time of
issue.

(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;

6.
In all cases, the export authorisation shall be presented
to the customs authorities when the customs export
declaration is made. A copy of
the authorisation shall,
furthermore, accompany the consignment to the customs
office at the point of exit of 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.

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

(d) details as to the transport arrangements, and in partic-
ular the expected date of dispatch, method of transport,
name of the customs office where the customs export
declaration is to be made and, in so far as such informa-
tion is available at this stage, identification of the means
of
from
Community customs territory and the point of entry
into the importing country.

itinerary, expected point of exit

transport,

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.

A decision on the application shall be taken within a
3.
period of 15 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 authorised.

4. Without prejudice to any possible implementation of
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 authori-
ties 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.

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

authorities of

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
the
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.

country for

latter

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

3.

in Article 5, paragraph 2 shall be 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.
The said identification shall be based,
in particular, on a
reasoned request to the Commission from the third country
concerned.

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

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
operator must
furnish those particulars to the customs
authority or other competent authority at the point of exit
from the Community customs territory before the physical
In such cases the export
departure of the consignment.

4.

in Article 5a, paragraph 2 shall be 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.

11.6.2002

EN

Official Journal of the European Communities

L 151/3

Article 4a shall also apply whenever an open individual
authorisation cannot be issued in accordance with para-
graph 3.’

5.

in Article 6, paragraphs 1 and 2 shall be replaced by the
following:

‘1.
In order to ensure the correct application of Article 2
and Articles 4, 4a, 5 and 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.

2. Without prejudice to the provisions laid down in
Articles 4, 4a, 5 and 5a and in paragraph 1 of this Article,
the competent authorities of each Member State may
prohibit
the introduction of scheduled substances into
Community customs territory or their departure from it, if
the
suspecting that
there are reasonable grounds
substances are intended for
the illicit manufacture of
narcotic drugs or psychotropic substances.’

for

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 Luxembourg, 3 June 2002.

For the Council

The President

J. C. APARICIO PÉREZ