2009/166/EC: Council Decision of 27 November 2008 concerning the conclusion of the Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances
Date: 2008-11-27
Institutions: Council of the European Union
Subjects: China, disclosure of information, drug traffic, export monitoring, international agreement, psychotropic substance, ratification of an agreement, surveillance concerning imports

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 27 November 2008

concerning the conclusion of
the Agreement between the European Community and the
Government of the People’s Republic of China on drug precursors and substances frequently
used in the illicit manufacture of narcotic drugs or psychotropic substances

(2009/166/EC)

THE COUNCIL OF THE EUROPEAN UNION,

establishing the European
Having regard to the Treaty
Community,
in
conjunction with the first sentence of Article 300(2) thereof,

and in particular Article 133 thereof,

behalf of the Community where the Agreement provides
for them to be adopted by the Joint Follow-Up Group.
Such authorisation must, however, be limited to the
amendment of the Annexes to the Agreement in so far
as such amendment concerns substances already covered
by Community legislation on drug precursors and
substances.

Having regard to the proposal from the Commission,

(4)

The Agreement should be approved,

Whereas:

HAS DECIDED AS FOLLOWS:

(1)

(2)

should

strengthen

The Community
on
shipments of precursors from the People’s Republic of
China, given the risk of their diversion for the purposes
of
the illicit manufacture of synthetic drugs in the
Community.

controls

authorised

the Council

On 27 June 2006,
the
Commission to negotiate with the Government of the
People’s Republic of China an Agreement on drug
precursors and substances frequently used in the illicit
manufacture
psychotropic
substances (‘the Agreement’). Following negotiations, the
text of the Agreement was accepted on 13 March 2008.

narcotic

drugs

or

of

Article 1

The Agreement between the European Community and the
the People’s Republic of China on drug
Government of
precursors and substances frequently used in the illicit manu­
facture of narcotic drugs or psychotropic substances is hereby
approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

(3)

It is appropriate that the Council should authorise the
Commission,
in consultation with a special committee
appointed by the Council, to approve amendments on

The Commission,

1.
the
Member States, shall represent the Community on the Joint
Follow-Up Group set up under Article 9 of the Agreement.

assisted by representatives of

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The Commission is authorised to approve, on behalf of
2.
the Community, amendments to Annexes A and B to the
Agreement adopted by the Joint Follow-Up Group under the
procedure laid down in Article 10 of the Agreement.

Article 4

The President of the Council shall carry out the notification
provided for in Article 12 of the Agreement on behalf of the
Community (1).

The Commission shall be assisted in carrying out this task by a
special committee appointed by the Council with instructions to
establish a common position.

3.
The authorisation referred to in paragraph 2 shall be
limited to those substances which are already covered by the
relevant Community legislation on drug precursors.

Article 3

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement in order to
bind the Community.

Article 5

This Decision shall be published in the Official Journal of the
European Union.

Done at Brussels, 27 November 2008.

For the Council
The President

L. CHATEL

(1) The date of entry into force of the Agreement will be published in
the Official Journal of the European Union by the General Secretariat of
the Council.