Commission Regulation (EC) No 1232/2002 of 9 July 2002 replacing the Annex to 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 and amending Regulation (EEC) No 3769/92
Date: 2002-07-09
Institutions: European Commission
Subjects: chemical product, customs inspection, drug traffic, export, export licence, illicit trade, psychotropic substance

10.7.2002

EN

Official Journal of the European Communities

L 180/5

COMMISSION REGULATION (EC) No 1232/2002

of 9 July 2002

replacing the Annex to 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 and amending Regulation (EEC) No 3769/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation (EEC) No 3677/90 of 13
December 1990 laying down measures to be taken to discou-
rage the diversion of certain substances to the illicit manufac-
ture of narcotic drugs and psychotropic substances (1), as
amended by Regulation (EC) No 988/2002 (2), and in particular
Article 9a thereof,

Having regard to Commission Regulation (EEC) No 3769/92 of
21 December 1992 implementing and amending Council Regu-
lation (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 1251/2001 (4),

Whereas:

(1)

(2)

(3)

(4)

It is necessary to give effect to the decision taken by the
United Nations Commission on Narcotic Drugs in March
2001 to add acetic anhydride and potassium permanga-
nate to Table I of the Annex to the 1988 United Nations
Convention.

It is necessary to amend the Annex to Regulation (EEC)
No 3677/90 to comply with this decision. The amend-
ment may be made by the Commission pursuant to
Article 9a(e) of the Regulation.

Regulation (EEC) No 3769/92 must be amended to take
account of the changes of Regulation (EEC) No 3677/90
separating the provisions on export authorisation from
those on pre-export notification for
the scheduled
substances listed in Category 1 of the Annex.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee set up
pursuant to Article 10 of Regulation (EEC) No 3677/90,

(1) OJ L 357, 20.12.1990, p. 1.
(2) OJ L 151, 11.6.2002, p. 1.
(3) OJ L 383, 29.12.1992, p. 17.
(4) OJ L 173, 27.6.2001, p. 26.

The Annex to Regulation (EEC) No 3677/90 is replaced by
Annex 1 of this Regulation.

Article 2

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

1. Article 2 is replaced by the following text:

‘Article 2

Specific export requirements for scheduled substances
listed in Category 2

Pursuant to Article 5(2) of the basic Regulation, exports of
scheduled substances listed in Category 2 are subject mutatis
mutandis to the provisions of Articles 4 and 4a of the basic
Regulation whenever they are intended for an operator
established in a country which is listed and published in the
Official Journal of the European Communities C series. These
lists shall be regularly updated by the European Commis-
sion.’;

2. Article 3 is replaced by the following text:

‘Article 3

Specific export requirements for scheduled substances
listed in Category 3

Without prejudice to more specific requirements to be deter-
mined 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 Regulation,
to the provisions of Article 4 and 4a of the basic Regulation
whenever they are intended for an operator established in a
country which is included in the list published in the Official
Journal of the European Communities C series and an open indi-
vidual authorisation cannot be granted pursuant to para-
graph 3 of that Article. These lists shall be regularly updated
by the European Commission.’;

3. Annex I is replaced by Annex 2 to this Regulation.

Article 3

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Communities.

L 180/6

EN

Official Journal of the European Communities

10.7.2002

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

Done at Brussels, 9 July 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

10.7.2002

EN

Official Journal of the European Communities

L 180/7

ANNEX 1

‘ANNEX

CATEGORY 1

CN denomination
(if different)

Phenylacetone

2-Acetamidobenzoic acid

Substance

1-Phenyl-2 propanone

Acetylanthranilic acid

Isosafrole (cis + trans)

3,4-Methylenedioxyphenylpropan-2-one

1-(1,3-Benzodioxole-5-yl)propane-2-one

Piperonal

Safrole

Ephedrine

Pseudoephedrine

Norephedrine

Ergometrine

Ergotamine

Lysergic acid

The salts of the substances listed in this Category whenever the existence of such salts is possible.
(1) OJ L 279, 23.10.2001, p. 1.

CATEGORY 2

Substance

CN denomination
(if different)

Potassium permanganate

Acetic anhydride

Phenylacetic acid

Anthranilic acid

Piperidine

The salts of the substances listed in this Category whenever the existence of such salts is possible.
(1) OJ L 279, 23.10.2001, p. 1.

CATEGORY 3

Substance

CN denomination
(if different)

Hydrochloric acid

Hydrogen chloride

Sulphuric acid

Toluene (*)

Ethyl ether (*)

Acetone (*)

Diethyl ether

Methylethylketone (MEK) (*)

Butanone

(*) The salts of the substances listed in this Category whenever the existence of such salts is possible.
(1) OJ L 279, 23.10.2001, p. 1.’

CN code (1)

2914 31 00

2924 23 00

2932 91 00

2932 92 00

2932 93 00

2932 94 00

2939 41 00

2939 42 00

ex 2939 49 00

2939 61 00

2939 62 00

2939 63 00

CN code (1)

2841 61 00

2915 24 00

2916 34 00

2922 43 00

2933 32 00

CN code (1)

2806 10 00

2807 00 10

2902 30 00

2909 11 00

2914 11 00

2914 12 00

L 180/8

EN

Official Journal of the European Communities

10.7.2002

ANNEX 2

‘ANNEX I

Quantity

50 kg

20 kg

50 kg

50 kg

100 kg

100 kg

Substance

Acetone (1)

Ethyl ether (1)

Methylethylketone (1)

Toluene (1)

Sulphuric acid

Hydrochloric acid

(1) The salts of these substances whenever the existence of such salts is possible.’