Commission Directive 2003/101/EC of 3 November 2003 amending Council Directive 92/109/EEC on the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances (Text with EEA relevance)
Date: 2003-11-03
Institutions: European Commission
Subjects: chemical product, drug traffic, market approval, narcotic, psychotropic substance

L 286/14

EN

Official Journal of the European Union

4.11.2003

COMMISSION DIRECTIVE 2003/101/EC

of 3 November 2003

amending Council Directive 92/109/EEC on the manufacture and placing on the market of certain
substances used in the illicit manufacture of narcotic drugs and psychotropic substances

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 92/109/EEC of 14
December 1992 on the manufacture and placing on the market
of certain substances used in the illicit manufacture of narcotic
drugs and psychotropic substances (1), as last amended by
Commission Directive 2001/8/EC (2), and in particular Article
10(3) thereof,

Whereas:

(1) With regard to the Community's obligations pursuant to
Council Decision 90/611/EEC concerning conclusion, on
behalf of the European Economic Community, of the
traffic in
United Nations Convention against
narcotic drugs and psychotropic substances (3),
is
it
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 1 of the Annex to the 1988 United Nations
Convention.

illicit

(2)

(3)

(4)

It is also appropriate to bring Directive 92/109/EEC in
line with Council Regulation (EEC) No 3677/90 of 13
December 1990 laying down measures to discourage the
diversion of certain substances to the illicit manufacture
of narcotic drugs and psychotropic substances (4), as last
amended by Commission Regulation (EC) No 1232/
2002 (5).

Potassium permanganate should be included among the
substances listed in Category 2 of Annex I to Directive
92/109/EEC and deleted from Category 3 in that Annex.

In order to ensure that Community trade is not adversely
affected,
should be fixed for potassium
permanganate as well as for acetic anhydride.

thresholds

(5)

Directive 92/109/EEC should be amended accordingly.

(6)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Annexes I and II to Directive 92/109/EEC shall be replaced
by the text in the Annex to this Directive.

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by 1 January 2004 at the latest. They shall forthwith
inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. Member
States shall determine how such reference is to be made.

Article 3

This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Union.

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 3 November 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 370, 19.12.1992, p. 76.
(2) OJ L 39, 9.2.2001, p. 31.
(3) OJ L 326, 24.11.1990, p. 56.
(4) OJ L 357, 20.12.1990, p. 1.
(5) OJ L 180, 10.7.2002, p. 5.

4.11.2003

EN

Official Journal of the European Union

L 286/15

ANNEX

‘ANNEX I

Scheduled substances within the meaning of Article 1(2)(a)

Substance

1-Phenyl-2-propanone

N-acetylanthranilic acid

Isosafrol (cis + trans)

CATEGORY 1

CN designation
(if different)

Phenylacetone

2-Acetamidobenzoic acid

CN code (1)

CAS No (2)

2914 31 00

103-79-7

2924 23 00

89-52-1

2932 91 00

120-58-1

3,4-Methylenedioxyphenylpropan-2-one

1-(1,3-Benzodioxol-5-yl)propan-2-one

2932 92 00

4676-39-5

Piperonal

Safrole

Ephedrine

Pseudoephedrine

Norephedrine

Ergometrine

Ergotamine

Lysergic acid

2932 93 00

120-57-0

2932 94 00

94-59-7

2939 41 00

299-42-3

2939 42 00

90-82-4

ex 2939 49 00

14838-15-4

2939 61 00

60-79-7

2939 62 00

113-15-5

2939 63 00

82-58-6

The stereoisomeric forms of the substances listed in this Category not being cathine (3) whenever the existence of such
forms is possible.

The salts of the substances listed in this Category whenever the existence of such salts is possible and not being the salts
of cathine.

Substance

Acetic anhydride

Phenylacetic acid

Anthranilic acid

Piperidine

Potassium permanganate

CATEGORY 2

CN designation
(if different)

CN code (1)

CAS No (2)

2915 24 00

108-24-7

2916 34 00

103-82-2

2922 43 00

118-92-3

2933 32 00

110-89-4

2841 61 00

7722-64-7

The salts of the substances listed in this Category whenever the existence of such salts is possible.

Substance

Hydrochloric acid

Sulphuric acid

Toluene

Ethyl ether

Acetone

CATEGORY 3

CN designation
(if different)

Hydrogen chloride

Diethyl ether

Methylethylketone

Butanone

CN code (1)

CAS No (2)

2806 10 00

7647-01-0

2807 00 10

7664-93-9

2902 30 00

108-88-3

2909 11 00

60-29-7

2914 11 00

67-64-1

2914 12 00

78-93-3

The salts of the substances listed in this Category whenever the existence of such salts is possible and not being the salts
of hydrochloric acid and sulphuric acid.

(1) OJ L 290, 28.10.2002, p. 1.
(2) The CAS No is the “Chemical Abstract Service Registry Number”, which is a unique numeric identifier specific to each substance and
its structure. The CAS No is specific to each isomer and to each salt of each isomer. It must be understood that the CAS Nos for the
salts of the substances listed above will be different to those given.

(3) Also named (+)-norpseudoephedrine, CN code 2939 43 00, CAS No 492-39-7.

L 286/16

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Official Journal of the European Union

4.11.2003

ANNEX II

Substance

Acetic anhydride

Potassium permanganate

Anthranilic acid and its salts

Phenylacetic acid and its salts

Piperidine and its salts

Threshold

100 l

100 kg

1 kg

1 kg

0,5 kg’