Proposal for a Council Decision on the signature and conclusion of the Agreement between the European Community and Turkey on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances
Date: 2002-09-12
Institutions: European Commission
Subjects: Türkiye, agreement (EU), chemical product, international trade, narcotic, psychotropic substance, ratification of an agreement, signature of an agreement

31.12.2002

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Official Journal of the European Communities

C 331 E/281

Proposal for a Council Decision on the signature and conclusion of the Agreement between the
European Community and Turkey on precursors and chemical substances frequently used in the
illicit manufacture of narcotic drugs or psychotropic substances

(2002/C 331 E/44)

COM(2002) 500 final — 2002/0223(ACC)

(Submitted by the Commission on 12 September 2002)

EXPLANATORY MEMORANDUM

By its decision of 5 April 2001, the Council authorised the Commission to negotiate with Turkey an
Agreement on precursors and chemical substances frequently used in the illicit manufacture of narcotic
drugs or psychotropic substances, and adopted the necessary negotiating directives.

There have been several meetings with the Turkish authorities, in Ankara and in Brussels. Following the
negotiations, the text of the Agreement was accepted on 20 May 2002.

The Agreement is now being presented to the Council to be signed and concluded.

The Commission considers that the text is in accordance with the negotiating directives adopted by the
Council on 5 April 2001.

In order to enable the Agreement on precursors and chemical substances frequently used in the illicit
manufacture of narcotic drugs or psychotropic substances to be signed, the Commission proposes that the
Council approve the attached proposal for a decision on the signing and conclusion of the Agreement.

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof, together
with the first sentence of Article 300(2),

Article 1

The Agreement between the European Community and Turkey
on precursors and chemical substances frequently used in the
illicit manufacture of narcotic drugs or psychotropic substances
is hereby approved on behalf of the European Community.

Having regard to the proposal from the Commission,

The text of the Agreement is attached to this decision.

Whereas:

(1) On 5 April 2001, the Council authorised the Commission
to negotiate with Turkey an Agreement on precursors and
chemical substances frequently used in the illicit manu-
facture of narcotic drugs or psychotropic substances.

(2) The Community must strengthen controls on shipments of
precursors to Turkey, given that they are re-entering the
Community in the form of heroin or other psychotropic or
narcotic substances.

Article 2

The Commission, assisted by representatives of the Member
States, shall represent the European Community on the Joint
Follow-up Group set up under Article 9 of the Agreement.

Article 3

The President of the Council is hereby authorised to designate
the persons empowered to sign the Agreement.

Article 4

The President of
the notification
the Council shall effect
provided for in Article 12 of the Agreement on behalf of the
European Community (1).

(3) It

is necessary to approve the Agreement between the
European Community and Turkey on precursors and
chemical substances frequently used in the illicit manu-
facture of narcotic drugs or psychotropic substances,

Article 5

This decision shall be published in the Official Journal of the
European Communities.

(1) The date of entry into force of the Agreement will be published in
the Official Journal of the European Communities by the General Secre-
tariat of the Council.

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Official Journal of the European Communities

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on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs
or psychotropic substances

AGREEMENT

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’, on the one part, and

THE TURKISH REPUBLIC

hereinafter referred to as ‘Turkey’, on the other part,

hereinafter referred to as the ‘Contracting Parties’,

WITHIN THE FRAMEWORK of the United Nations Convention of 1988 against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances, signed on 20 December 1988 in Vienna, hereinafter referred to as ‘the
1988 Convention’

DETERMINED to prevent and combat the illicit manufacture of narcotic drugs and psychotropic substances
by preventing the diversion of precursors and chemical substances frequently used for such purposes;

ACKNOWLEDGING Article 12 of the 1988 Convention;

ACKNOWLEDGING the final Report of the Chemical Action Task Force (CATF), approved by the London
G-7 Economic Summit on 15 July 1991, and agreeing with the recommendation to strengthen inter-
national cooperation by the conclusion of bilateral agreements between regions and countries involved in
export, import and transit of these substances;

CONVINCED that international trade may be used for the diversion of the products in question, and that it
is necessary to conclude and implement agreements between the regions concerned, establishing wide
cooperation and, in particular linking export and import controls;

AFFIRMING their common commitment to setting up assistance and cooperation mechanisms between
Turkey and the Community, particularly in view of the Helsinki decision recognising Turkey as a candidate
country, in order to prevent the diversion of controlled substances to illicit purposes, in harmony with the
orientations and actions decided at international level;

RECOGNIZING that these chemical substances are also mainly and widely used for legitimate purposes and
that international trade must not be hindered by excessive monitoring procedures;

HAVE DECIDED to conclude an Agreement on the prevention of diversion of precursors and chemical
substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances, and, to
this end, have designated as their plenipotentiaries:

THE EUROPEAN COMMUNITY:

................................................................................................ .........................

THE TURKISH REPUBLIC:

................................................................................................ .........................

WHO, having exchanged credentials of their powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

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Article 1

Scope of the Agreement

1.
This Agreement sets out measures to strengthen adminis-
trative cooperation between the Contracting Parties to prevent
the diversion of substances frequently used in the illicit manu-
facture of narcotic drugs or psychotropic substances, without
prejudice to the due recognition of the legitimate interests of
trade and industry.

For this purpose, the Contracting Parties shall assist each

2.
other, as set out in this Agreement, in particular by:

— monitoring the trade between them in the substances
referred to in paragraph 3, with the aim of preventing
their diversion to illicit purposes,

— providing administrative assistance ensuring that

their
legislation is correctly

respective substance trade control
applied.

3. Without prejudice to possible amendments which might
be adopted within the competence of
the Joint Follow-up
Group provided for in Article 9, this Agreement applies to
the chemical substances listed in the Annex to the 1988
Convention as amended, hereinafter referred to as ‘controlled
substances’.

Article 2

Trade monitoring

1.
The Contracting Parties shall consult and inform each
other on their own initiative whenever they have reasonable
grounds to believe that controlled substances may be diverted
to the illicit manufacture of narcotic drugs or psychotropic
substances, in particular when a shipment occurs in unusual
quantities or under unusual circumstances.

issued but prior

2. With regard to the controlled substances listed in Annex
A to this Agreement, the competent authority of the exporting
Contracting Party shall, at the same time as the export auth-
orisation is
the
consignment, forward a copy of the export authorisation to
the competent authority of the importing Contracting Party.
Specific information shall be provided where the operator
benefits,
in the exporting country, from an open individual
authorisation covering multiple export operations.

to the departure of

3. With regard to the controlled substances listed in Annex
B to this Agreement, the competent authority of the exporting
Contracting Party shall forward a copy of the export author-
isation to the
importing
Contracting Party and the export shall be authorised only
when the importing Contracting Party has given its consent.

authority of

competent

the

4.
The Contracting Parties undertake to provide each other,
as soon as possible, with due feedback on any information
provided or measure requested under this Article.

reply by the importing Contracting Party shall be provided
within 15 working days after the receipt of
the message
from the exporting Contracting Party. The absence of a reply
within this period shall be considered equivalent to granting an
import authorisation. The refusal to grant an import author-
isation shall be notified in writing to the exporting Contracting
Party within this period, giving the reasons for refusal.

Article 3

Suspension of shipment

shipments

enforcement measures,

1. Without prejudice to any possible implementation of
technical
be
in the opinion of either Contracting Party,
suspended if,
there are
that controlled
to believe
substances may be diverted to the illicit manufacture of
narcotic drugs or psychotropic substances, or where,
in the
the importing Contracting
cases described in Article 2(3),
Party requests the suspension.

reasonable grounds

shall

2.
The Contracting Parties shall cooperate in supplying each
other with any information relating to suspected diversion
operations.

Article 4

Mutual administrative assistance

1.
The Contracting Parties shall provide each other, either
on their own initiative or on request, with any information to
prevent
the diversion of controlled substances to the illicit
manufacture of narcotic drugs or psychotropic substances
investigate cases of suspected diversion. Where
and shall
necessary
precautionary
they
measures to prevent diversion.

appropriate

adopt

shall

Any request for information or precautionary measures

2.
shall be complied with as promptly as possible.

Requests for administrative assistance shall be executed in
the

3.
accordance with the legal or regulatory provisions of
requested Contracting Party.

4.
Duly authorised officials of a Contracting Party may, with
the agreement of the other Contracting Party and subject to the
conditions laid down by the latter, be present at the inquiries
carried out in the territory of the other Contracting Party.

The Contracting Parties shall assist each other to facilitate

5.
the provision of evidence.

6.
Administrative assistance provided under this Article shall
not prejudice the rules governing mutual assistance in criminal
matters, nor shall
it apply to information obtained under
powers exercised at the request of a judicial authority, except
where communication of such information is authorised by
that authority.

5. When implementing the above-mentioned trade control
measures,
trade shall be duly
respected. In particular, in cases covered by paragraph 3, the

the legitimate interests of

7.
Information may be requested in respect of chemical
substances which are frequently used in the illicit manufacture
of narcotic drugs or psychotropic substances but which are not
included in the scope of this Agreement.

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Article 5

Information exchange and confidentiality

Any information communicated in whatsoever

1.
form
to this Agreement shall be of a confidential or
pursuant
restricted nature, depending on the rules applicable in each
of the Contracting Parties. It shall be covered by the obligation
of official secrecy and shall enjoy the protection extended to
legal or regulatory
similar information under the relevant
provisions of the Contracting Party that received it and the
corresponding provisions applying to the Community auth-
orities.

2.
Personal data, which means all information relating to an
identified or identifiable individual, may be exchanged only
where the Contracting Party which may receive it undertakes
to protect such data in at least an equivalent way to the one
applicable to that particular case in the Contracting Party that
may supply it. To this end, Contracting Parties communicate
each other information on their applicable rules,
including,
where appropriate,
legal provisions in force in the Member
States of the Community.

The use,

in judicial or

3.
administrative proceedings
instituted for failure to comply with legislation on controlled
substances referred to in Article 3, of information obtained
under this Agreement,
is considered to be for the purposes
of this Agreement. Therefore, the Contracting Parties may, in
their
reports and testimonies and in
proceedings and charges brought before the courts, use as
evidence information obtained and documents consulted in
accordance with the provisions of
this Agreement. The
competent authority which supplied that information or gave
access to those documents shall be notified of such use.

records of evidence,

4.
the
Information obtained shall be used solely for
purposes of this Agreement. Where one of the Contracting
Parties wishes to use such information for other purposes, it
shall obtain the prior written consent of the authority which
provided the information. Such use shall then be subject to any
restrictions laid down by that authority.

Article 6

Exceptions to the obligation to provide assistance

1.
Assistance may be refused or may be subject to the satis-
faction of certain conditions or requirements, in cases where a
Contracting Party is of the opinion that assistance under this
Agreement would:

(a) be likely to prejudice the sovereignty of Turkey or that of a
Member State of the Community which has been requested
to provide assistance under this Agreement; or

Assistance may be postponed by the requested authority
2.
on the ground that it will interfere with an ongoing investi-
gation, prosecution or proceeding. In such a case, the requested
authority shall
authority to
determine if assistance can be given subject to such terms or
conditions as the requested authority may require.

consult with the

applicant

3. Where the applicant authority seeks assistance which it
would itself be unable to provide if so requested, it shall draw
attention to that fact in its request. It shall then be for the
requested authority to decide how to respond to such a
request.

For the cases referred to in paragraphs 1 and 2, the
4.
decision of the requested authority and the reasons therefor
must be communicated to the applicant authority without
delay.

Article 7

Technical and scientific co-operation

The Contracting Parties shall co-operate in the identification of
new diversion methods as well as appropriate countermeasures,
including technical co-operation to strengthen administrative
and enforcement structures in this field and to promote
technical
co-operation with
and
trade
and
concern,
co-operation may
exchange programmes for the officials concerned.

industry.
in particular,

training

Such

Article 8

Implementation measures

Each Contracting Party shall
competent

competent
1.
the
authority or
this Agreement. These authorities shall
implementation of
communicate directly with one another for the purposes of
this Agreement.

a
to co-ordinate

authorities

appoint

The Contracting Parties shall consult each other and
2.
subsequently keep each other informed of the detailed rules
of implementation which are adopted in accordance with the
provisions of this Agreement.

Article 9

Joint Follow-Up Group

A Joint Follow-up Group on the control of precursors
substances is hereby established, hereinafter
in which each

1.
and chemical
referred to as ‘the Joint Follow-up Group’,
Contracting Party to this Agreement shall be represented.

The

2.
agreement. It shall adopt its own rules of procedure.

Follow-up Group shall

Joint

act by mutual

(b) be likely to prejudice public policy, security or other
in particular in the cases referred to

interests,

essential
under Article 5 (2); or

3.
The Joint Follow-up Group shall normally meet once a
year, with the date, place and programme being fixed by
mutual agreement.

(c) violate an industrial, commercial or professional secret.

Extraordinary meetings of the Joint Follow-up Group may be
convened by mutual agreement of the Contracting Parties.

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Article 10

Role of the Joint Follow-Up Group

The

Joint

1.
this
Follow-up Group shall
Agreement and ensure its proper implementation. For this
purpose:

administer

— not

affect

the Community provisions governing the
the
communication between the competent services of
Commission of
and the
relevant services of the Member States of any information
obtained under this Agreement which could be of interest
to the Community.

the European Communities

— it shall study and develop the necessary means to ensure

the correct functioning of this Agreement,

— it shall be regularly informed by the Contracting Parties of

their experience in applying this Agreement,

— in the cases provided for in paragraph 2,

it shall take

decisions,

— in the cases provided for in paragraph 3,

it shall make

recommendations,

2.
the
Notwithstanding the provisions of Paragraph 1,
provisions of this Agreement shall take precedence over the
provisions of any bilateral agreement on controlled substances
which have been or may be concluded between individual
Member States and Turkey insofar as the provisions of the
latter are incompatible with those of this Agreement.

3.
In respect of questions relating to the applicability of this
Agreement, the Contracting Parties shall consult each other to
resolve the matter in the framework of the Joint Follow-up
Group set up under Article 9.

— it

shall

study and develop the technical co-operation

measures referred to in Article 7,

4.
The Contracting Parties shall also notify each other of any
measures on controlled substances taken with other countries.

— it

shall

study and develop other possible

co-operation in matters
chemical substances.

relating

to precursors

forms of
and

The Joint Follow-up Group shall adopt by mutual consent

2.
decisions to amend Annexes A and B.

Such decisions shall be implemented by the Contracting Parties
in accordance with their own legislation.

in the Joint Follow-up Group, a representative of a
If,
Contracting Party has accepted a decision subject
to the
completion of the procedures necessary for that purpose, the
decision shall enter into force, if no date is contained therein,
on the first day of the second month after such a completion is
notified.

The Joint Follow-up Group shall recommend to the

3.
Contracting Parties:

(a) amendments to this Agreement;

(b) any other measure required for the application of

this

Agreement.

Article 11

Obligations imposed under other agreements

1.
Taking into account the respective competencies of the
European Community and the Member States, the provisions of
this Agreement shall:

— not affect the obligations of the Contracting Parties under

any other international agreement or convention;

— be deemed complementary with agreements covering the
issue of controlled substances which have been or may be
concluded between individual Member States and Turkey;

Article 12

Entry into force

This Agreement shall enter into force on the first day of the
second month following the date on which the Contracting
Parties have exchanged their respective instruments of ratifi-
cation,
rules
approval,
applicable for each Contracting Party.

according to the

acceptance or

Article 13

Duration and denunciation

This Agreement shall be concluded for five years and,
1.
it will be tacitly renewable for
unless otherwise disposed,
successive periods of
It shall cease to
have effect upon the accession of Turkey to the European
Union.

the same duration.

This Agreement may be amended by mutual consent of

2.
the Contracting Parties.

Either Contracting Party may withdraw from this
3.
Agreement provided it gives 12 months' prior notice in
writing to the other Contracting Party.

Article 14

Authentic texts

This Agreement, which is drawn up in duplicate in the Danish,
Italian,
Dutch, English, Finnish, French, German, Greek,
Portuguese, Spanish, Swedish and Turkish languages, all texts
being equally authentic, shall be deposited in the Archives of
the Secretariat General of the Council of the European Union,
which shall provide the Contracting Parties with an auth-
enticated copy.

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ANNEX A

Substances subject to the measures referred to in Article 2(2)
Acetone
Anthranilic Acid
Ethyl Ether
Hydrochloric Acid
Methyl Ethyl Ketone
Phenylacetic Acid
Piperidine
Sulphuric Acid
Toluene

ANNEX B

Substances subject to the measures referred to in Article 2(3)
N-Acetylanthranilic Acid
Acetic Anhydride
Ephedrine
Ergometrine
Ergotamine
Isosafrole
Lysergic Acid
3,4-Methylenedioxyphenyl-2-propanone
Norephedrine
1-Phenyl-2-propanone
Piperonal
Potassium Permanganate
Pseudoephedrine
Safrole
Note: The list of substances must always include a reference to their salts, where appropriate.