Agreement between the European Community and the Turkish Republic on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances
Date: 2003-02-26
Institutions: European Community, Türkiye
Subjects: Türkiye, administrative cooperation, agreement (EU), chemical product, international trade, psychotropic substance

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Official Journal of the European Union

7.3.2003

between the European Community and the Turkish Republic 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 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 G7 Economic
Summit on 15 July 1991, and agreeing with the recommendation to strengthen international cooperation by the conclu-
sion 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 inter-
national level,

RECOGNISING that these chemical substances are also mainly and widely used for legitimate purposes and that interna-
tional 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 their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

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 Conven-
tion, as
‘controlled
substances’.

amended, hereinafter

referred to as

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.

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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 authori-
sation is issued but prior to the departure of the consignment,
forward a copy of the export authorisation to the competent
authority of the importing Contracting Party. Specific informa-
tion shall be provided where the operator benefits,
in the
exporting country,
from an open individual authorisation
covering multiple export operations.

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 authorisa-
tion to the competent authority of the importing Contracting
Party and the export shall be authorised only when the
importing Contracting Party has given its consent.

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

the legitimate interests of

5. When implementing the abovementioned trade control
measures,
trade shall be duly
respected. In particular, in cases covered by paragraph 3, the
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 authorisation shall
be notified in writing to the exporting Contracting Party within
this period, giving the reasons for refusal.

Article 3

Suspension of shipment

1. Without prejudice to any possible implementation of
technical enforcement measures, shipments shall be suspended
if, in the opinion of either Contracting Party, there are reason-
able grounds to believe that controlled substances may be
diverted to the illicit manufacture of narcotic drugs or psycho-
tropic substances, or where,
in the cases covered by Article
2(3), the importing Contracting Party requests the suspension.

The Contracting Parties shall cooperate in supplying each
2.
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
the diversion of controlled substances to the illicit
prevent

manufacture of narcotic drugs or psychotropic substances and
shall investigate cases of suspected diversion. Where necessary
they shall adopt appropriate precautionary measures to prevent
diversion.

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.

Information may be requested in respect of chemical
7.
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.

Article 5

Information exchange and confidentiality

Any information communicated in whatsoever

form
1.
pursuant
to this Agreement shall be of a confidential or
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
similar information under the relevant
legal or regulatory
provisions of the Contracting Party that received it and the
corresponding provisions applying to the Community authori-
ties.

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,
legal provisions in force in the Member
where appropriate,
States of the Community.

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The use,

in judicial or administrative proceedings insti-
3.
tuted 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
records of evidence, reports and testimonies and in proceedings
and charges brought before the courts, use as evidence infor-
mation obtained and documents consulted in accordance with
the provisions of this Agreement. The competent authority
which supplied that information or gave access to those docu-
ments shall be notified of such use.

4.
Information obtained shall be used solely for the 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 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

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

tial
interests,
Article 5(2), or

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

2.
Assistance may be postponed by the requested authority
on the grounds that it will interfere with an ongoing investiga-
tion, prosecution or proceeding. In such a case, the requested
authority shall consult with the applicant authority to deter-
mine if assistance can be given subject to such terms or condi-
tions as the requested authority may require.

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.

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

Article 7

Technical and scientific cooperation

and enforcement structures in this field and to promote coop-
eration with trade and industry. Such technical cooperation
may concern, in particular, training and exchange programmes
for the officials concerned.

Article 8

Implementation measures

Each Contracting Party shall

1.
competent
authority or competent authorities to coordinate the implemen-
tation of this Agreement. These authorities shall communicate
directly with one another for the purposes of this Agreement.

appoint

a

2.
The Contracting Parties shall consult each other and
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 shall be represented.

The Joint Follow-up Group shall act by mutual agree-

2.
ment. It shall adopt its own Rules of Procedure.

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

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

Article 10

Role of the Joint Follow-up Group

The Joint Follow-up Group shall administer this Agree-

1.
ment and ensure its proper implementation. For this purpose:

— 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 deci-

sions,

— in the cases provided for in paragraph 3,

it shall make

recommendations,

— it

shall

study and develop the technical cooperation

measures referred to in Article 7,

The Contracting Parties shall cooperate in the identification of
new diversion methods as well as appropriate countermeasures,
including technical cooperation to strengthen administrative

— it shall study and develop other possible forms of coopera-
relating to precursors and chemical

tion in matters
substances.

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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

Taking into account the respective competencies of the
the provisions of this

1.
Community and the Member States,
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,

— not

affect

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

the provisions of

Notwithstanding paragraph 1,

this
2.
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 in so far as the provisions of the latter are incompatible
with those of this Agreement.

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

The Contracting Parties shall also notify each other of any

4.
measures on controlled substances taken with other countries.

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 ratifica-
tion, acceptance or approval, according to the rules applicable
for each Contracting Party.

Article 13

Duration and denunciation

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

This Agreement may be amended by mutual consent of

2.
the Contracting Parties.

Either Contracting Party may withdraw from this Agree-
3.
ment 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,
Dutch, English, Finnish, French, German, Greek, Italian, Portu-
guese, Spanish, Swedish and Turkish languages, all texts being
equally authentic, shall be deposited in the archives of the
General Secretariat of the Council of the European Union,
which shall provide the Contracting Parties with an authenti-
cated copy.

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Hecho en Bruselas, el veintiséis de febrero de dos mil tres.

Udfærdiget i Bruxelles den seksogtyvende februar to tusind og tre.

Geschehen zu Brüssel am sechsundzwanzigsten Februar zweitausendunddrei.
Έγινε στις Βρυξέλλες, στις είκοσι έξι Φεβρουαρίου δύο χιλιάδες τρία.
Done at Brussels on the twenty-sixth day of February in the year two thousand and three.

Fait à Bruxelles, le vingt-six février deux mille trois.

Fatto a Bruxelles, addì ventisei febbraio duemilatre.

Gedaan te Brussel, de zesentwintigste februari tweeduizenddrie.

Feito em Bruxelas, em vinte e seis de Fevereiro de dois mil e três.

Tehty Brysselissä kahdentenakymmenentenäkuudentena päivänä helmikuuta vuonna kaksituhattakolme.

Som skedde i Bryssel den tjugosjätte februari tjugohundratre.

26 S¸ ubat 2003 tarihinde Brüksel'de akdedilmis¸tir.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Türkiye Cumhuriyeti adına

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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.