Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: EU action, UN convention, administrative cooperation, cataloguing, drug addiction, drug traffic, export monitoring, psychotropic substance, surveillance concerning imports, third country, trade intermediary

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 111/2005

of 22 December 2004

laying down rules for the monitoring of trade between the Community and third countries in drug
precursors

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 133 thereof,

establishing the European

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

The United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances adopted in
Vienna on 19 December 1988, hereinafter referred to as
the ‘United Nations Convention’, is part of the worldwide
effort
illegal drugs. Within its sphere of
competence, the Community participated in the nego-
tiation and concluded the Convention on behalf of
the Community
of Council Decision
90/611/EEC (1).

by means

to combat

Article 12 of the United Nations Convention concerns
trade in substances frequently used in the illicit manu-
facture of narcotic drugs and psychotropic substances. As
provisions on trade in drug precursors affect Community
rules in customs matters, it is appropriate to lay down
Community rules on trade between the Community and
third countries.

Article 12 of the United Nations Convention requires a
system to monitor international trade in drug precursors,
taking account of the fact that, in principle, trade in these
substances is lawful. Consequently, measures have been
taken to strike an appropriate balance between the desire
to exploit all possible means to prevent drug precursors
reaching illicit drug manufacturers and the commercial
needs of the chemical industry and other operators.

the requirements of Article 12 of

To implement
the
United Nations Convention and, taking account of the
report of the Chemical Action Task Force created by the
Houston Economic Summit
(G-7) on 10 July 1990,
Council Regulation (EEC) No 3677/90 of 13 December
1990 laying down measures to be taken to discourage

(1) OJ L 326, 24.11.1990, p. 56.

the diversion of certain substances to the illicit manu-
facture of narcotic drugs and psychotropic substances (2),
established a system for reporting suspicious transactions.
This system, which is based on close cooperation with
operators, is reinforced through measures such as docu-
licensing and registration of
mentation and labelling,
operators
and requirements
as well
governing exports.

as procedures

Following the European Union Action Plan on Drugs
2000 to 2004, endorsed by the European Council at
Feira in June 2000,
the Commission organised an
assessment of the Community control system of trade
in drug precursors to draw conclusions from the imple-
mentation of Community legislation in this field.

According to that assessment and in order to improve
the control mechanisms aiming at preventing diversion
of drug precursors, it is necessary to extend monitoring
requirements with regard to operators based within the
Community facilitating trade between third countries, to
introduce
a Community approach with regard to
procedures for granting licences and to strengthen moni-
toring
customs
governing
procedures.

requirements

suspensive

for exports

Procedures and requirements
should be
further intensified to target and concentrate controls on
reducing
sensitive drug precursors, whilst
the most
excessive
burden through simplified
administrative
procedures
for exports of high volume substances.
While the effectiveness and practicability of pre-export
notifications is fully recognised, a strategy should be
developed striving to exploit the system to the fullest
extent possible.

In order to address the heightened concern about the
production of
import
stimulants,
the main synthetic drug
control mechanisms
precursors
strengthened through
further
common procedures and requirements allowing indi-
vidual consignment-based controls to be carried out.

amphetamine-type
for

should be

(5)

(6)

(7)

(8)

(2) OJ L 357, 20.12.1990, p. 1. Regulation as

amended
by Commission Regulation (EC) No 1232/2002 (OJ L 180,
10.7.2002, p. 5).

last

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(9)

(10)

So as to allow operators to fulfil these requirements,
provisions governing external trade in drug precursors
should,
to the extent possible, be aligned with the
provisions governing intra-Community trade in drug
precursors wholly obtained or produced, or released for
free circulation, in the Community.

the requirements of

the internal
Taking account of
market, and in the interests of this Regulation’s effec-
tiveness, uniform application of the provisions should
be
and
converging means of action by Member States.

ensured through adoption of

comparable

(11) Mutual assistance between the Member States and
and the Commission
between the Member States
should be reinforced,
in particular by recourse to
Council Regulation (EC) No 515/97 of 13 March 1997
on mutual assistance between the administrative autho-
rities of the Member States and cooperation between the
latter and the Commission to ensure the correct appli-
cation of the law on customs and agricultural matters (1).

(12)

In accordance with the principle of proportionality, it is
necessary and appropriate for the achievement of the
basic objective of preventing the diversion of drug
precursors for the illicit manufacture of narcotic drugs
or psychotropic substances to lay down rules for the
thorough monitoring of trade between the Community
and third countries of these substances. This Regulation
does not go beyond what is necessary in order to achieve
the objectives pursued,
in accordance with the third
paragraph of Article 5 of the Treaty.

(13)

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).

(14)

Regulation (EEC) No 3677/90 should therefore be
repealed.

(15)

This Regulation respects the fundamental
rights and
observes the principles recognised, in particular, by the
Charter of Fundamental Rights of the European Union,

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

frequently used for

This Regulation lays down rules for the monitoring of trade
between the Community and third countries
in certain
illicit manufacture of
substances
narcotic
(hereinafter
substances
psychotropic
referred to as drug precursors) for the purpose of preventing
the diversion of such substances. It applies to imports, exports
and intermediary activities.

drugs

and

the

This Regulation shall be without prejudice to special rules in
other
in goods between the
Community and third countries.

fields pertaining to trade

Article 2

For the purposes of this Regulation the following definitions
shall apply:

(a)

by Directive 2001/83/EC of
Council (3),
the

‘scheduled substance’ means any substance listed in the
Annex, including mixtures and natural products containing
such substances, but excluding medicinal products as
the
defined
European
pharmaceutical
Parliament
other
preparations, mixtures,
preparations
are
compounded in such a way that such substances cannot
be easily used or extracted by readily applicable or econo-
mically viable means;

natural
containing scheduled substances

products

that

and

and

of

(b) ‘non-scheduled substance’ means any substance which,
although not listed in the Annex,
is identified as having
been used for the illicit manufacture of narcotic drugs or
psychotropic substances;

(c)

(d)

‘import’ means any entry of scheduled substances having the
status as non-Community goods into the customs territory
of the Community, including temporary storage, the placing
the placing under a
in a free zone or free warehouse,
suspensive procedure and the release for free circulation
within the meaning of Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code (4);

the Community,

‘export’ means any departure of scheduled substances from
the customs territory of
including the
departure of scheduled substances that requires a customs
declaration and the departure of scheduled substances after
their storage in a free zone of control
type I or free
warehouse within the meaning of Regulation (EEC) No
2913/92;

HAS ADOPTED THIS REGULATION:

(1) OJ L 82, 22.3.1997, p. 1. Regulation as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 184, 17.7.1999, p. 23.

(3) OJ L 311, 28.11.2001, p. 67. Directive as last amended by Directive
2004/27/EC of the European Parliament and of the Council
(OJ
L 136, 30.4.2004, p. 34).

(4) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the

2003 Act of Accession.

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(e)

(f)

(g)

‘intermediary activities’ means any activity to arrange
purchase and sale or
scheduled substances
supply of
carried out by any natural or legal person who aims to
obtain agreement between two parties or
to do so
through acting on behalf of at least one of these parties
without
taking these substances into its possession or
taking control of the carrying out of such transaction; this
definition shall also include any activity carried out by any
legal person established in the Community
natural or
scheduled
and sale or
involving purchase
substances without these substances being introduced into
the Community customs territory;

supply of

‘operator’ means any natural or legal person engaged in
import, export of scheduled substances or intermediary
activities relating thereto,
including persons pursuing the
activity of making customs declarations for clients on a
self-employed basis, either as their principal occupation or
as a secondary activity related to another occupation;

the natural or

‘exporter’ means
legal person chiefly
responsible for export activities by virtue of the economic
and legal relationship to the scheduled substances and to
the consignee and, where appropriate, who lodges the
customs declaration or on whose behalf
the customs
declaration is lodged;

the natural or

the import activities by virtue of

(h) ‘importer’ means
legal person chiefly
the
responsible for
economic and legal relationship to the scheduled substances
and to the
customs
consignor and who lodges
declaration or on whose behalf the customs declaration is
lodged;

the

(i)

‘ultimate consignee’ means any natural or legal person to
which the scheduled substances are delivered; this person
may be different from the end-user;

(j)

‘committee procedure’ means the procedure provided for in
Article 30(2);

(k)

‘International Narcotics Control Board’ means the Board
established by the Single Convention on Narcotic Drugs,
1961, as amended by the 1972 Protocol.

CHAPTER II

MONITORING OF TRADE

SECTION 1

Documentation and labelling

Article 3

imports,

All
involving
scheduled substances shall be documented by the operators

intermediary

exports or

activities

by way of customs and commercial documents,
summary declarations, customs declarations,
manifests, transport and other shipping documents.

such as
invoices, cargo

Those documents shall contain the following information:

(a)

the name of the scheduled substance as stated in the Annex,
or, in the case of a mixture or a natural product, its name
and the name of any scheduled substance, as stated in the
Annex, contained in the mixture or in the natural product,
followed by the term ‘DRUG PRECURSORS’;

(b) the quantity and weight of the scheduled substance and, in
the case of a mixture or a natural product, the quantity,
if available, the percentage of any scheduled
weight, and,
substance contained therein; and

(c)

the names and addresses of the exporter, the importer, the
ultimate
the person
involved in the intermediary activities.

consignee and, where applicable,

Article 4

The documentation referred to in Article 3 shall be kept by the
operators for a period of three years from the end of the
calendar year in which the operation took place. The documen-
tation shall be organised in such a way, electronically or in
paper form, that it is readily available for inspection by the
competent authorities upon request. The documentation may
be provided via image medium or other data medium,
provided that the data, when made readable, match the docu-
mentation in appearance and content, are available at all times,
can be made readable without delay and can be analysed by
automated means.

Article 5

Operators shall ensure that labels are affixed on any packaging
containing scheduled substances indicating their name as stated
in the Annex, or, in the case of a mixture or a natural product,
its name and the name of any scheduled substance, as stated in
the Annex, contained in the mixture or in the natural product.
Operators may, in addition, affix their customary labels.

SECTION 2

Licensing and registration of operators

Article 6

1.
than
Operators established in the Community, other
customs agents and transporters when acting solely in that
capacity, engaged in import, export or intermediary activities
involving scheduled substances listed in Category 1 of
the
Annex, shall hold a licence. The licence shall be issued by the
competent authority of the Member State in which the operator
is established.

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the competent
In considering whether
authority shall take into account the competence and integrity
of the applicant.

to grant a licence,

import, export or intermediary activities might be diverted for
the illicit manufacture of narcotic drugs or psychotropic
substances.

The committee procedure shall be used to lay down provisions
determining cases where a licence is not required, setting out
further conditions for the granting of licences and establishing a
model for licences. These provisions shall guarantee a systematic
and consistent control and monitoring of operators.

Operators shall provide the competent authorities with
2.
information in summary form about their export,
import or
intermediary activities. The committee procedure shall be used
to determine the information that is required by the competent
authorities in order to allow them to monitor these activities.

The licence may be suspended or

2.
revoked by the
competent authorities whenever the conditions under which
the licence was issued are no longer fulfilled or where there
are reasonable grounds for suspecting that there is a risk of
diversion of scheduled substances.

Article 7

1.
than
Operators established in the Community, other
customs agents and transporters when acting solely in that
capacity, engaged in import, export or intermediary activities
the
involving scheduled substances listed in Category 2 of
Annex, or in the export of scheduled substances listed in
Category 3 of
immediately and
update as necessary the addresses of the premises at which
they conduct those activities. This obligation shall be carried
out with the competent authority in the Member State in
which the operator is established.

the Annex,

register

shall

2.
The committee procedure shall be used to establish the
conditions for exemption from the controls of certain categories
of operators and of operators engaged in the export of small
quantities of scheduled substances listed in Category 3. These
conditions shall ensure that the risk of diversion of scheduled
substances is minimised.

Article 8

for temporary storage,

1. When the scheduled substances are entered into the
customs territory of the Community for unloading or trans-
hipment,
for their storage in a free
zone of control
type I or a free warehouse, or for their
placing under the Community external transit procedure, the
licit purposes must be demonstrated by the operator, upon
request by the competent authorities.

2.
The committee procedure shall be used to establish the
criteria to determine how the licit purposes of the transaction
may be demonstrated, in order to ensure that all movements of
scheduled substances within the Community customs territory
can be monitored by the competent authorities and the risk of
diversion be minimised.

SECTION 3

Provision of information

Article 9

1.
Operators established in the Community shall notify the
competent authorities immediately of any circumstances, such
as unusual orders
scheduled
and transactions
substances, which suggest that such substances intended for

involving

Article 10

1.
In order to facilitate cooperation between the competent
authorities of the Member States, operators established in the
Community and the chemical industry, in particular as regards
non-scheduled substances,
in consul-
tation with the Member States, draw up and update guidelines.

the Commission shall,

2.

These guidelines shall provide, in particular:

(a)

information on how to identify and notify suspect trans-
actions;

(b) a regularly updated list of non-scheduled substances to
enable the industry to monitor on a voluntary basis the
trade in such substances.

3.
The competent authorities shall ensure that the guidelines
are regularly disseminated in accordance with the objectives of
these guidelines.

SECTION 4

Pre-export notification

Article 11

1.
All exports of scheduled substances listed in Category 1 of
the Annex and exports of scheduled substances listed in Cate-
gories 2 and 3 of the Annex to certain countries of destination,
shall be preceded by a pre-export notification sent from the
competent authorities in the Community to the competent
authorities of the country of destination,
in accordance with
the United Nations Convention. The
Article 12(10) of
committee procedure shall be used to determine the list of
the countries of destination in order to minimise the risk of
diversion by ensuring systematic and consistent monitoring of
exports of scheduled substances to these countries.

to reply, at

The country of destination shall be allowed a period of 15
working days
the end of which the export
operation may be authorised by the competent authorities of
the Member State of export, if no advice from the competent
authorities of the country of destination is received indicating
that
this export operation might be intended for the illicit
manufacture of narcotic drugs or psychotropic substances.

2.
In the case of the scheduled substances to be notified in
accordance with paragraph 1, the competent authorities of the
Member State concerned shall, prior to the export of such
substances, supply the information specified in Article 13(1)
to the competent authorities of the country of destination.

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The authority supplying such information shall require the
authority in the third country receiving the information to
keep confidential any trade, business, commercial or profes-
sional secret or any trade process referred to therein.

3.
Simplified pre-export notification procedures may be
applied by the competent authorities where they are satisfied
that this will not result in any risk of diversion of scheduled
substances. The committee procedure shall be used to determine
such procedures and to establish the common criteria to be
applied by the competent authorities.

SECTION 5

Export authorisation

Article 12

Exports of scheduled substances that require a customs
1.
declaration,
including exports of scheduled substances leaving
the customs territory from the Community following their
storage in a free zone of control type I or free warehouse for
a period of at least 10 days, shall be subject to an export
authorisation.

Where scheduled substances are re-exported within 10 days
from the date of their placing into a suspensive procedure or
under a free zone of control type II, an export authorisation
shall not be required.

However, exports of scheduled substances listed in Category 3
of the Annex shall only be subject to an export authorisation
where pre-export notifications are required, or where these
substances are exported to certain countries of destination to
be determined in accordance with the committee procedure in
order to ensure an appropriate level of control.

2.
Export authorisations shall be issued by the competent
authorities of the Member State where the exporter is estab-
lished.

Article 13

The application for export authorisations referred to in

1.
Article 12 shall contain at least the following:

(a)

the names and addresses of the exporter, the importer in the
third country, any other operator involved in the export
operation or shipment, and the ultimate consignee;

(b) the name of the scheduled substance as stated in the Annex
or, in the case of a mixture or a natural product, its name
and eight-digit CN code and the name of any scheduled
substance, as
stated in the Annex, contained in the
mixture or in the natural product;

(c)

the quantity and weight of the scheduled substance and, in
the case of a mixture or a natural product, the quantity,
weight, and,
if available, the percentage of any scheduled
substance contained therein;

(d) details of the transport arrangements, such as the expected
date of dispatch, method of transport, name of the customs
office where the customs declaration is to be made and,
identification of the means
where available at this stage,
from
of
Community customs territory and the point of entry into
the importing country;

expected point of

transport,

itinerary,

exit

(e)

in the cases referred to in Article 17, a copy of the import
authorisation issued by the country of destination; and

(f)

the number of the licence or registration referred to in
Articles 6 and 7.

2.
A decision on the application for an export authorisation
shall be taken within a period of 15 working days from the date
on which the competent authority considers the file to be
complete.

in the cases referred to in
That period shall be extended if,
the competent authorities are obliged to make
Article 17,
further enquiries under the second subparagraph of that Article.

Article 14

1.
If the details of the itinerary and means of transport are
not provided in the application, the export authorisation shall
state that the operator must supply those details to the customs
office of exit or other competent authorities at the point of exit
from the Community customs territory before the physical
departure of the consignment. In such cases the export author-
isation shall be annotated accordingly at the time of issue.

Where the export authorisation is presented to a customs office
in a Member State other than that of the issuing authority, the
exporter shall make available any certified translation of parts or
all of the information contained on the authorisation, upon
request.

2.
The export authorisation shall be presented to the
customs office when the customs declaration is made, or in
the absence of a customs declaration, at the customs office of
exit or other competent authorities at the point of exit from the
Community
shall
accompany the consignment to the third country of destination.

authorisation

territory.

customs

The

The customs office of exit or other competent authorities at the
point of exit from the Community customs territory shall insert
the necessary details referred to in Article 13(1)(d)
in the
authorisation and affix its stamp thereon.

Article 15

Without prejudice to measures adopted in accordance with
Article 26(3), the granting of the export authorisation shall be
refused if:

(a) details

supplied in accordance with Article 13(1) are

incomplete;

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(b) there are reasonable grounds for suspecting that the details
supplied in accordance with Article 13(1) are false or
incorrect;

authorisation may only be granted to an operator established in
the Community. The import authorisation shall be issued by the
competent authorities of the Member State where the importer
is established.

(c)

in the cases referred to in Article 17, it is established that
the import of
the scheduled substances has not been
authorised by the competent authorities of the country of
destination, or

(d) there are reasonable grounds

the
substances in question are intended for the illicit manu-
facture of narcotic drugs or psychotropic substances.

suspecting that

for

However, where the substances referred to in subparagraph 1
are unloaded or transhipped, under temporary storage, stored in
a free zone of control type I or free warehouse, or placed into
the Community transit procedure, such import authorisation
shall not be required.

Article 21

Article 16

The application for the import authorisations referred to

1.
in Article 20 shall contain at least the following:

The competent authorities may suspend or revoke an export
for
there are
authorisation whenever
suspecting that the substances are intended for the illicit manu-
facture of narcotic drugs or psychotropic substances.

reasonable grounds

(a)

the names and addresses of the importer, the exporter of
the third country, any other operator involved and the
ultimate consignee;

Article 17

third country for

Whenever, under an agreement between the Community and a
third country, exports are not to be authorised unless an import
authorisation has been issued by the competent authorities of
the
that
Commission shall communicate to the competent authorities
of the Member States the name and address of the competent
authority of the third country, together with any operational
information obtained from it.

in question,

substances

the

The competent authorities in the Member States shall satisfy
themselves as to the authenticity of such import authorisation,
if necessary by requesting confirmation from the competent
authority of the third country.

Article 18

The period of validity of the export authorisation within which
the goods must have left the Community Customs territory
issue of the
shall not exceed six months from the date of
export authorisation. Under exceptional circumstances,
the
period of validity may be extended, upon request.

Article 19

Simplified procedures to grant an export authorisation may be
applied by the competent authorities where they are satisfied
that this will not result in any risk of diversion of scheduled
substances. The committee procedure shall be used to determine
such procedures and to establish the common criteria to be
applied by the competent authorities.

SECTION 6

Import authorisation

Article 20

Imports of scheduled substances listed in Category 1 of the
Annex shall be subject to an import authorisation. An import

(b) the name of the scheduled substance as stated in the Annex
or, in the case of a mixture or a natural product, its name
and the eight-digit CN code and the name of any scheduled
substance, as stated in the Annex, contained in the mixture
or in the natural product;

(c)

the quantity and weight of the scheduled substance and, in
the case of a mixture or a natural product, the quantity,
if available, the percentage of any scheduled
weight, and,
substance contained therein;

(d) if available, details of the transport arrangements, such as
methods and means of transport, and date and place of
envisaged import activities, and

(e)

the number of the licence or registration referred to in
Articles 6 and 7.

2.
A decision on the application for an import authorisation
shall be taken within a period of 15 working days from the date
on which the competent authority considers the file to be
complete.

Article 22

The import authorisation shall accompany the consignment
from the point of
entry into the Community customs
territory to the premises of the importer or ultimate consignee.

The import authorisation shall be presented to the customs
office when the scheduled substances are declared for a
customs procedure.

Where the import authorisation is presented to a customs office
in a Member State other than that of the issuing authority, the
importer shall make available any certified translation of parts
or all information contained on the authorisation, upon request.

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Article 23

Without prejudice to measures adopted in accordance with
Article 26(3), the granting of the import authorisation shall
be refused if:

(a)

to obtain information on any orders for or operations
involving scheduled substances;

(b) to enter operators’ business premises in order to obtain

evidence of irregularities;

(a) details

supplied in accordance with Article 21(1) are

incomplete;

(b) there are reasonable grounds for suspecting that the details
supplied in accordance with Article 21(1) in the application
are false or incorrect, or

(c)

there are reasonable grounds
the
scheduled substances are intended for the illicit manufacture
of narcotic drugs or psychotropic substances.

suspecting that

for

(c)

to establish that a diversion or attempted diversion of
scheduled substances has taken place.

For the purpose of preventing specific risks of diversion in
4.
free zones as well as in other sensitive areas such as customs
warehouses, Member States shall ensure that effective controls
are applied to operations carried out in these areas at every
stage of these operations, and that the controls are no less
stringent than those applied in the other parts of the customs
territory.

Article 24

The competent authorities may suspend or revoke the import
authorisation whenever
for
there are
suspecting that the substances are intended for the illicit manu-
facture of narcotic drugs or psychotropic substances.

reasonable grounds

5.
The competent authorities may require the operators to
pay a fee for the issuing of licences, registrations and autho-
risations. Such fees shall be levied in a non-discriminatory way
and shall not exceed the approximate cost of processing the
application.

Article 25

The period of validity of the import authorisation within which
the scheduled substances must have been entered into the
customs territory of
the Community shall not exceed six
months from the date of issue of the import authorisation.
Under exceptional circumstances, the period of validity may
be extended, upon request.

CHAPTER III

POWERS OF COMPETENT AUTHORITIES

Article 26

1. Without prejudice to the provisions of Articles 11 to 25
and of paragraphs 2 and 3 of this Article, the competent autho-
rities of each Member State shall prohibit the introduction of
scheduled substances into the Community customs territory or
their departure from it,
if there are reasonable grounds for
suspecting that the substances are intended for the illicit manu-
facture of narcotic drugs or psychotropic substances.

2.
The competent authorities shall detain or suspend release
of the scheduled substances for the time necessary to verify the
identification of the scheduled substances or compliance with
the rules of this Regulation.

CHAPTER IV

ADMINISTRATIVE COOPERATION

Article 27

For the purposes of applying this Regulation and without
prejudice to Article 30, the provisions of Regulation (EC) No
515/97 shall apply mutatis mutandis. Each Member State shall
communicate
and to the
to the other Member States
Commission the name of the competent authorities appointed
to act as correspondents in accordance with Article 2(2) of that
Regulation.

CHAPTER V

IMPLEMENTING MEASURES AND AMENDMENTS

Article 28

to ensure the effective monitoring of

In addition to the implementing measures referred to in this
lay down, where necessary,
Regulation, the Committee shall
detailed rules
trade
between the Community and third countries in drug precursors
for the purpose of preventing the diversion of such substances,
in particular with regard to the design and use of export and
import authorisation forms.

Article 29

Each Member State shall adopt the measures necessary to

3.
enable the competent authorities, in particular:

The committee procedure shall be used to adapt the Annex to
this Regulation, to take account of any amendments to the
Annex to the United Nations Convention.

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Official Journal of the European Union

26.1.2005

Article 30

The Commission shall be assisted by the Drug Precursors

1.
Committee (hereinafter referred to as the Committee).

of this Regulation and, in accordance with Article 12 (12) of the
United Nations Convention, draw up an annual report to be
submitted to the International Narcotics Control Board.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The Commission shall report to the Council on the functioning
of this Regulation by the end of August 2008.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

CHAPTER VI

FINAL PROVISIONS

Article 31

Member States shall lay down the rules on penalties applicable
to infringements of the provisions of this Regulation and shall
take all measures necessary to ensure that
they are imple-
mented. The penalties provided for must be effective, propor-
tionate and dissuasive.

Article 33

The Commission is hereby authorised to adopt a position, on
behalf of the Community, in favour of amendments to tables I
and II of the Annex to the United Nations Convention which
conform to the Annex to this Regulation.

Article 34

Regulation (EEC) No 3677/90 is repealed with effect from 18
August 2005.

References to the repealed Regulation shall be construed as
references to this Regulation.

Article 32

Article 35

The competent authorities in each Member State shall, at least
once each year, communicate to the Commission all relevant
information on the implementation of the monitoring measures
laid down in this Regulation, and on scheduled substances used
for the illicit manufacture of narcotic drugs or psychotropic
substances and methods of diversion and illicit manufacture,
and their licit trade, uses and needs.

On the basis of that information, the Commission shall,
in
consultation with the Member States, evaluate the effectiveness

This Regulation shall enter into force on the 20th day following
that of
the European
Union.

its publication in the Official

Journal of

It shall apply from 18 August 2005. However, Articles 6(1),
7(2), 8(2), 9(2), 11(1) and (3), 12(1), 19, 28 and 30 shall apply
as from the day of entry into force of this Regulation in order
to permit the adoption of the measures provided for in those
Articles. Such measures shall enter into force at the earliest on
18 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States

Done at Brussels, 22 December 2004.

For the Council
The President

C. VEERMAN

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L 22/9

ANNEX

Scheduled substances Category 1

Substance

CN designation
(if different)

CN Code (1)

CAS No (2)

1-Phenyl-2-propanone

Phenylacetone

2914 31 00

103-79-7

N-acetylanthranilic acid

2-Acetamidobenzoic acid

2924 23 00

89-52-1

Isosafrol (cis + trans)

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.

(1) OJ L 290, 28.10.2002, p. 1.
(2) The CAS No is the ‘Chemical abstracts 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 from those given.

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

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.

(1) OJ L 290, 28.10.2002, p. 1.
(2) The CAS No is the ‘Chemical abstracts 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 from those given.

L 22/10

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Official Journal of the European Union

26.1.2005

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 abstracts 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 from those given.