Amended proposal for a Regulation of the European Parliament and of the Council on drug precursors (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2003-05-27
Institutions: European Commission
Subjects: chemical product, customs cooperation, customs document, customs harmonisation, customs inspection, dissemination of information, drug traffic, international trade, psychotropic substance

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.5.2003
COM(2003) 304 final

2002/0217 (COD)

Amended proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on drug precursors

(presented by the Commission pursuant
to Article 250 (2) of the EC Treaty)

2002/0217 (COD)

Amended proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on drug precursors

(Text with EEA relevance)

1.

BACKGROUND

Transmission of the Proposal to the Council and the European
Parliament – COM (2002) 494 final - 2002/0217 (COD) -
in accordance with article 95 of the Treaty:

10 September 2002

Opinion of the European Economic and Social Committee:

26 February 2003

Opinion of the European Parliament - first reading:

11 March 2003

2.

OBJECTIVE OF THE COMMISSION PROPOSAL

The main objective of the initial proposal was the updating of the EU system for controlling
and  monitoring  of  intra  Community  trade  in  certain  chemicals  that  can  be  used  for  the
manufacture  of  illegal  drugs.  By  transforming  the  current  Directive  92/109/EEC,  including
the  EU  implementing  legislation  (Regulation  (EC)  No  1485/96,  as  amended)  into  a
Regulation, the Commission intends:

1. 

2. 

3. 

to improve and update the current EU precursors control system for internal trade;

to simplify the legislation, making it more user friendly, both for economic operators
and for the national Competent Authorities;

to harmonise the two legal instruments dealing with the issue (Directive 92/109/EEC
for  internal  EU  trade  and  Regulation  (EEC)  No  3677/90  for  trade  between  the  EU
and  third  countries),  making  it  possible  to  update  both  instruments  simultaneously,
which  is  impossible  today  due  to  the  need  to  implement  national  measures  for  the
amendments to the Directive 92/109/EEC.

The amended proposal adds a new recital making more explicit the objective of the proposal.

3.

COMMISSION OPINION ON THE AMENDMENTS ADOPTED BY THE PARLIAMENT

3.1.

Amendments accepted by the Commission: 1

The Commission can accept amendment 1, which proposes the inclusion of a new recital 4a,
making  explicit  the  importance  of  the  new  instrument  in  the  context  of  an  EU  that  will
comprise, from next year, 25 Member States:

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(4a)  The  transformation  of  the  current  Directive  into  a  Regulation  becomes  especially
important in the context of the enlargement of the European Union where each modification
of the Directive  and its  annexes would have triggered  national  implementation  measures  in
25 Member States.

3.2.

Amendments not accepted by the Commission: 2 and 3.

The Commission cannot accept amendment 2, requiring the yearly updating of the list of non-
scheduled  substances  subject  to  voluntary  monitoring  measures  by  operators.  This  list  is
currently reviewed and, if necessary, modified at each meeting of the Committee referred to
in  Art.15,  which  meets  four  times  per  year.  The  proposed  amendment  therefore  entails  no
improvement to the system.
The Commission cannot accept amendment 3. The first part of the amendment would oblige
Member  States  to  send  an  annual  report  to  the  Commission  on  implementing  measures.  As
the  Regulation  on  adoption  will  be  directly  applicable,  this  proposed  amendment  is  not
appropriate.  The  second  part  of  the  amendment,  requiring  an  evaluation  of  the  new  system
three  years  after  enter  into  force  is  not  considered  to  bring  added  benefit.  In  that  context  it
should  be  noted  that  the  object  of  the  Commission's  proposal  relates  to  a  change  in  the
instrument, namely from a Directive to a Regulation, without altering the system applicable. It
is to be noted that an evaluation of the current system has already taken place in 2002.

3.3.

Amended proposal

Having  regard  to  Article 250  (2)  of  the  EC  Treaty,  the  Commission  amends  its  proposal  as
indicated above.

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