Opinion of the European Economic and Social Committee on the "Proposal for a Regulation of the European Parliament and of the Council on drug precursors" (COM(2002) 494 final — 2002/0217 (COD))
Date: 2003-02-26
Institutions: European Economic and Social Committee
Subjects: administrative cooperation, chemical product, customs document, customs harmonisation, customs inspection, dissemination of information, drug traffic, international trade, psychotropic substance

C 95/6

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Official Journal of the European Union

23.4.2003

3.11.3.
The Committee welcomes the Commission’s contri-
bution to the training of consumer professionals, recognising
that though training is not education, it provides the practical
means of achieving it.

4. Conclusion

The Committee welcomes the Commission Communication
on consumer policy strategy 2002-2006. The EESC supports

Brussels, 26 February 2003.

the highest

consumers must be

maximum harmonisation but considers that the protection
of
level. Speedy
at
implementation of the E-commerce directive is needed to
help protect consumers on-line. The Committee supports
stronger enforcement of existing legislation and co-operation
between enforcement bodies. It favours integration of con-
sumer policies into other relevant policy areas including
education.

The President

of the European Economic and Social Committee

Roger BRIESCH

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of
the European Parliament and of the Council on drug precursors’

(COM(2002) 494 final — 2002/0217 (COD))

(2003/C 95/02)

On 14 October 2002 the Council decided to consult the European Economic and Social Committee,
under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing
the Committee’s work on the subject, adopted its opinion on 29 January 2003. The rapporteur was
Mrs Le Nouail.

At its 397th plenary session on 26 and 27 February 2003 (meeting of 26 February), the European
Economic and Social Committee adopted the following opinion by 106 votes to 2, with 3 abstentions.

1.

Introduction

1.1.
Combating organised drug trafficking is a priority for
the Member States. Efforts are being made to improve database
systems and crime detection techniques, as well as increasing
resources in a number of countries. At
the same time,
involving
international cooperation continues to develop,
certain international organisations in addition to Interpol and
the World Customs Organisation.

1.3.
Combating the diversion of controlled chemical sub-
stances and precursors is an integral part of increased inter-
national cooperation. Controls already in force suggest that an
estimated 1 500 tonnes of the 2,5 million tonne annual
production of acetic anhydride are diverted to the manufacture
of heroin. The EU accounts for some 20 % of the world’s acetic
anhydride production.

1.2.
The production and trafficking of drugs continues to
be the main activity of criminal organisations in the EU
(Europol 2001/EMCDDA 2002). These criminal organisations
the opportunities afforded by the
take full advantage of
globalisation of the market economy, particularly through the
use of the latest technology.

1.3.1. Measures to prevent the diversion of acetic anhydride
aimed at identifying the origin of chemical substances have
made it possible to intercept eleven shipments of around
230 tonnes of acetic anhydride, which could have been used
to produce between 55 and 230 tonnes of heroin.

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1.4.
The international potassium permanganate monitoring
programme has led to the seizure of 1 100 tonnes of the
substance. Under this programme, the export declarations of
the chief exporting countries must be submitted in advance.

2.1.6.
Thanks to this proposed Regulation, the Commission
also hopes to ensure that implementation of Directive 92/109/
EEC is as rapid as that of Regulation (EEC) No 3677/90, as
differences in the transposition times have lead to non-uniform
application of Community legislation.

1.4.1.
The programme has also made it possible to detect
the new methods and routes used to divert potassium per-
manganate for cocaine production without causing excessive
delays in legitimate international trade.

2. General comments

2.1.

Legislation

The basis of international law for controls over the
2.1.1.
23 precursor chemicals is article 12 of the 1988 United
Nations Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances to which the Member States and
the European Community are parties. The regimes of control
provided by the Community legislation implement article 12
of the UN convention and also give effect to recommendations
made by the Chemical Action Task Force and endorsed by the
Group of Seven Major Industrialised Nations at their summit
in London in 1991.

2.1.2.
Operators’ obligations are based on two Community
regulations covering external trade and a Community Directive
and Regulation covering trade within the Community. These
instruments aim to fight precursor diversion by setting out a
series of control measures.

In January 1998, the Commission adopted a proposal
2.1.7.
for the amendment (4) of Directive 92/109/EEC. In its first
reading, Parliament supported the Commission initiative and
proposed five amendments (5). The Commission reacted to the
Parliament’s opinion (first reading) by adopting an amended
proposal (6). The Council has not yet taken any decision on the
proposal.

The Commission therefore decided to withdraw the
2.1.8.
proposal for an amendment of Directive 92/109/EEC. The
proposed Regulation will be a better way of guaranteeing that
the provisions are applied directly by economic operators and
that harmonised measures are implemented simultaneously in
all Member States.

The aim of

2.1.9.
the new Regulation is to establish
harmonised measures of control and monitoring of certain
chemical substances frequently used in the manufacture of
illegal narcotic drugs and to align the Regulation with the
already published amendments to Regulation (EEC) No 3677/
90. The provisions on trade in the said precursors, which have
implications for the EU’s customs regulations, are nevertheless
an important contribution by the industrialised countries to
worldwide efforts to combat drugs.

2.1.10.
The Commission has also taken this opportunity to
define more clearly what it means by ‘classified substances’
and to include a reference to natural products from which
classified substances can easily be extracted.

In addition to the deterrent measures taken by the
2.1.3.
Member States, the Commission draws up instructions and
guidelines concerning the application of the relevant Com-
munity legislation (1).

2.2. Cooperation

Council Regulation (EEC) No 3677/90 (2) aims to
2.1.4.
monitor the trade in precursors between the Member States
and third countries while Directive 92/109/EEC (3) seeks to do
the same for the internal market.

Close cooperation and exchange of

2.2.1.
information
between the competent authorities and operators (manufac-
turers, producers, distributors, traders, etc.) are vital and in
everybody’s interest.

By transforming the current Directive into a Regu-
2.1.5.
lation,
the Commission hopes to simplify the legislation,
making it more user-friendly. This becomes especially
important in the context of the ongoing process of enlarge-
ment of the European Union, as any amendment to the
Directive and its annexes would have entailed national
implementation measures in some twenty-five Member States.

2.2.2.
products diverted into illicit drug manufacture.

Responsible operators have no desire to see their

The EESC endorses the need to draw up and update guidelines
to help the chemical
industry, particularly with regard to
recognising suspect transactions and voluntary controls on the
trade of commonly used non-classified substances.

( 1) Article 3a of Council Regulation (EEC) No 3677/90.
( 2) OJ L 357, 20.12.1990, last amended by Council Regulation (EC)

No 1116/2001 (OJ L 153, 8.6.2001).

( 3) OJ L 370, 19.12.1992.

(4) COM(98) 22 final (OJ C 108, 7.4.1998).
(5) Document PE 273.796/1.
(6) COM(1999) 202 final (OJ C 162, 9.6.1999).

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2.2.3.
The aim of cooperation in this respect is to ensure
that operators contact their correspondent in the competent
authority immediately to inform of any circumstances which
suggest that chemicals may be diverted for the illicit manufac-
ture of narcotic drugs and psychotropic substances.

2.2.4. Within EU, the voluntary monitoring of non con-
trolled chemicals has concentrated mainly on those chemicals
used in the illicit manufacture of synthetic drugs. At the wider
international level, the UNINCB (United Nations International
Narcotics Control Board) has also sought to address the
problem of proliferation of use of non-controlled chemicals in

illicit drug manufacture and an Advisory Expert Group has
drawn up a Special Surveillance List of chemicals which are
used in the illicit manufacture of heroin and cocaine as well as
the synthetic drugs.

3. Conclusion

The Committee endorses these measures and advocates uni-
form application of Community legislation in this field so as
to prevent any diversion of drug precursors for the manufac-
ture of illegal narcotic drugs.

Brussels, 26 February 2003.

The President

of the European Economic and Social Committee

Roger BRIESCH

Opinion of the European Economic and Social Committee on the ‘Commission Communication
— More Research for Europe — Towards 3 % of GDP’

(COM(2002) 499 final)

(2003/C 95/03)

On 12 September 2002 the Commission decided to consult the European Economic and Social
Committee, under Article 262 of the Treaty establishing the European Community, on the above-
mentioned Communication.

The Section for the Single Market, Production and Consumption, which was responsible for preparing
the Committee’s work on the subject, adopted its opinion on 29 January 2003. The rapporteur was
Mrs Sirkeinen.

At its 397th plenary session on 26 and 27 February 2003 (meeting of 26 February), the European
Economic and Social Committee adopted the following opinion by 108 votes to none with one
abstention.

1. Summary

The EESC

— stresses that the goals of competitiveness, economic
growth, employment, high environmental and health
standards and a balanced sustainable development can
only be achieved by more knowledge, R&D and inno-
vation;

— welcomes the targets set at Barcelona and the Com-

mission Communication for opening a debate;

— encourages the Commission to a stronger presentation of
the case and a stronger challenge to the Member States in
face of the dramatic change needed;

— underlines that particularly in times of economic slow-
down R&D should be seen as an investment, not an
expenditure;

— proposes that regional funds and funding to candidate

countries be directed to R&D;