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: 2009-01-30
Institutions: China, European Community
Subjects: China, administrative cooperation, agreement (EU), chemical product, drug traffic, illicit trade, psychotropic substance

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Official Journal of the European Union

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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

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

on the one part, and

THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA,

hereinafter referred to as ‘the Chinese Government’,

on the other part,

hereinafter referred to as the ‘the Parties’,

WITHIN THE FRAMEWORK of the United Nations Convention of 1988 against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, signed on 20 December 1988 in Vienna, hereinafter referred to as the ‘1988 Convention’ and in
accordance with legal provision in force in the People’s Republic of China and in the Member States of the Community;

DETERMINED to prevent and to combat the illicit manufacture of narcotic drugs and psychotropic substances by
preventing the diversion of drug precursors and substances frequently used for such purposes (hereinafter referred to
as drug precursors);

ACKNOWLEDGING Article 12 of the 1988 Convention;

CONVINCED that international trade may be used for the diversion of drug precursors, and that it is necessary to
conclude and implement agreements between the regions concerned, establishing wide cooperation and, in particular
linking export and import controls;

RECOGNISING that drug precursors are also mainly and widely used for legitimate purposes and that international trade
must not be hindered by excessive monitoring procedures;

HAVE DECIDED to conclude an Agreement on the prevention of diversion of drug precursors and substances frequently
used in the illicit manufacture of narcotic drugs or psychotropic substances,

HAVE AGREED AS FOLLOWS:

Article 1

Scope of the Agreement

— monitoring the trade between them in the drug precursors
referred to in paragraph 3, with the aim of preventing their
diversion to illicit purposes,

1.
This Agreement sets out measures to strengthen adminis­
trative cooperation between the Parties to prevent the diversion
of drug precursors and substances frequently used in the illicit
manufacture of narcotic drugs and psychotropic substances,
without prejudice to the normal activities of
trade and the
due recognition of the legitimate interests of industry.

— providing mutual administrative assistance ensuring that
their respective drug precursors trade control legislation is
correctly applied.

For this purpose, the Parties shall assist each other, as set

2.
out in this Agreement, in particular by:

3. Without prejudice to possible amendments which might
be made pursuant to Article 10, this Agreement applies to the
substances listed in the Annexes to this Agreement.

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Article 2

Trade monitoring

1.
The Parties shall consult and inform each other on their
own initiative whenever they have reasonable grounds to believe
that drug precursors may be diverted to the illicit manufacture
of narcotic drugs or psychotropic substances, in particular when
an import or export shipment occurs in unusual quantities or
under unusual circumstances.

manufacture of narcotic drugs or psychotropic substances and
shall investigate cases of suspected diversion. Where necessary
they shall adopt appropriate precautionary measures to prevent
diversion.

Any request for information or precautionary measures

2.
shall be complied with in time.

2. With regard to the drug precursors listed in Annex A to
this Agreement, the competent authority of the exporting Party
shall
forward a pre-export notification to the competent
authority of the importing Party. The reply in writing by the
importing Party shall be provided within 15 working days after
the receipt of
the message from the exporting Party. The
absence of a reply within this period shall be considered
equivalent
to a non-objection to sending the shipment. An
objection shall be notified in writing to the exporting Party
within this period, giving the reasons for refusal.

Requests for administrative assistance shall be executed in
the

regulatory provisions of

3.
accordance with the legal or
requested Party.

4.
Duly authorised officials of a Party may, with the
agreement of the other Party and subject to the conditions
laid down by the latter, be present at the inquiries carried out
in the territory of the other Party.

3. With regard to the drug precursors listed in Annex B to
this Agreement, the competent authority of the exporting Party
checks
shall determine whether
according to its domestic legislation.

international

to conduct

The Parties

5.
provision of evidence if based upon a request
administrative assistance.

shall assist each other

to facilitate the
for mutual

The Parties undertake to reply in writing as soon as
in respect of any information provided or measure

4.
possible,
requested under this Article.

Article 3

Suspension of shipment

1. Without prejudice to any possible implementation of
technical enforcement measures, shipments shall be suspended
if, in the opinion of either Party, there are reasonable grounds
to believe that drug precursors may be diverted to the illicit
manufacture of narcotic drugs or psychotropic substances, or
where, in the cases described in Article 2(2), the importing Party
requests in writing the suspension, and where appropriate,
provides documents of evidence and ensuring measures to be
taken within five working days.

2.
The Parties shall cooperate in supplying each other with
any information relating to suspected diversion operations if
based upon a request for mutual administrative assistance.

Article 4

Mutual administrative assistance

1.
for
The Parties shall provide each other upon request
mutual administrative assistance with any information to
illicit
prevent

the diversion of drug precursors

to the

6.
Administrative assistance provided under this Article shall
not prejudice the rules governing mutual assistance in criminal
it apply to information obtained under
matters, nor shall
powers exercised at the request of a judicial authority, except
where communication of such information is authorised by that
authority.

One Party may, on a case-by-case basis and through
7.
consultation, provide, on request by the other Party,
infor­
mation in respect of substances which are frequently used in
the illicit manufacture of narcotic drugs or psychotropic
substances but which are not included in the scope of this
Agreement.

Article 5

Information exchange and confidentiality

Any information communicated in whatsoever

form
1.
pursuant
to this Agreement shall be of a confidential or
restricted nature, depending on the rules applicable in each of
the Parties and shall be covered by the obligation of official
secrecy.

2.
Personal data may be exchanged only where the Party
which may receive it undertakes to protect such data in at
least an equivalent way to the one applicable to that particular
case in the Party that may supply it. To this end, Parties
communicate each other information on their applicable rules,
including legal provisions in force in the Member States of the
Community.

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Information obtained under this Agreement shall be used
3.
solely for the purposes of this Agreement. Where one of the
Parties wishes to use such information for other purposes,
it
shall obtain the prior written consent of the authority which
provided the information. Such use shall then be subject to any
restrictions laid down by that authority.

The use in proceedings instituted for failure to comply
4.
with legislation on drug precursors referred to in Article 3, of
information obtained under this Agreement, is considered to be
solely for the purposes of this Agreement. Therefore, the Parties
may in proceedings use as evidence information obtained and
documents consulted in accordance with the provisions of this
Agreement. The use of evidence is
to the prior
permission of
the competent authority which supplied that
information or gave access to those documents.

subject

Article 6

Exceptions to the obligation to provide assistance

1.
Assistance may be refused or may be subject to the satis­
faction of certain conditions or requirements, in cases where a
Party is of the opinion that assistance under this Agreement
would:

(a) be likely to prejudice the sovereignty of

the People’s
Republic of China or
the
Community which has been requested to provide assistance
under this Agreement; or

that of a Member State of

(b) be likely to prejudice public policy,

security or other
in particular in the cases referred to

essential
under Article 5(2); or

interests,

Article 7

Technical and scientific cooperation

The Parties shall cooperate in the identification of new diversion
including
methods as well as appropriate countermeasures,
technical cooperation and in particular, training and exchange
programmes for the officials concerned, to strengthen adminis­
trative and enforcement structures in this field and to promote
cooperation with trade and industry.

Article 8

Implementation measures

1.
The Chinese side, the European Commission and each
Member State of the Community shall appoint respectively a
competent authority to coordinate the implementation of this
Agreement. These authorities shall communicate directly with
one another for the purposes of this Agreement.

2.
The Parties shall consult each other and subsequently keep
each other informed of the detailed rules of implementation
which are adopted in accordance with the provisions of this
Agreement.

Article 9

Joint Follow-Up Group

A Joint Follow-Up Group is hereby established, hereinafter
1.
referred to as ‘the Joint Follow-Up Group’, in which the Parties
shall be represented.

2.

The Joint Follow-Up Group shall act by mutual agreement.

(c) violate an industrial, commercial or professional secret.

If necessary, the Joint Follow-Up Group shall meet, with
and programme being fixed by mutual

3.
the date, place
agreement.

Assistance may be postponed by the requested authority
2.
on the ground that it will
interfere with an ongoing investi­
gation, prosecution or proceeding. In such a case, the requested
authority shall consult with the applicant authority to determine
if assistance can be given subject to such terms or conditions as
the requested authority may require.

3. Where the applicant authority seeks assistance which it
would itself be unable to provide if so requested,
it shall
draw attention to that fact in its request. It shall then be for
the requested authority to decide how to respond to such a
request.

Extraordinary meetings of the Joint Follow-Up Group may be
convened by mutual agreement of the Parties.

Article 10

Role of the Joint Follow-Up Group

The

Joint

1.
this
Follow-Up Group shall
Agreement and ensure its proper implementation. For this
purpose:

administer

4.
For the cases referred to in this Article, the decision of the
requested authority and the reasons therefore must be commu­
nicated to the applicant authority as promptly as possible.

— in cases provided for in paragraph 2, it shall take decisions,

— it shall be informed by the Parties of their experience in

applying this Agreement,

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— it shall study and develop technical cooperation measures,

— it

shall
cooperation.

study and develop other possible

forms of

2.
The Joint Follow-Up Group may adopt by mutual consent
decisions to amend Annexes A and B. Such decisions shall be
implemented by the Parties in accordance with their own legis­
lation.

The Joint Follow-Up Group may recommend to the

3.
Parties:

(a) other amendments to this Agreement;

(b) measures required for the application of this Agreement.

Article 11

Other obligations imposed under other agreements

Taking into account the respective competencies of the
this

1.
Community and its Member States,
Agreement shall:

the provisions of

— not affect the obligations of the Parties under any other

international agreement or convention,

— not affect
the communication between the competent
services of
the European Commission and the relevant
services of the Member States of the Community of any
information obtained under this Agreement which could
be of interest to the Community.

2.
the
Notwithstanding the provisions of paragraph 1,
provisions of this Agreement shall take precedence over the
provisions of any bilateral agreement on drug precursors and
other substances frequently used in the illicit manufacture of
narcotic drugs and psychotropic substances which have been or

may be concluded between individual Member States and the
People’s Republic of China insofar as the provisions of the latter
are incompatible with those of this Agreement.

3.
In respect of questions relating to the applicability of this
Agreement, the Parties shall consult each other to resolve the
matter in the framework of the Joint Follow-Up Group.

The Parties shall also notify each other of any measures

4.
on controlled substances taken with other countries.

Article 12

Entry into force

Each Party shall give written notification that it has completed
legal procedures for the entry into force of this
its internal
Agreement to the other Party. This Agreement shall enter into
force 60 days from the date on which the last written notifi­
cation is received.

Article 13

Duration and denunciation

This Agreement shall be concluded for five years and,
its
least six months
tacitly

1.
unless a Party notifies
intention to terminate the Agreement at
before
renewable for successive periods of five years.

in writing the other Party of

expiration of

that period,

it will be

the

This Agreement may be amended by mutual consent of

2.
the Parties.

Latvian,

Done in duplicate in the Bulgarian, Czech, Danish, Dutch,
Estonian, English, Finnish, French, German, Greek, Hungarian,
Italian,
Portuguese,
Romanian, Slovak, Slovenian, Spanish, Swedish and Chinese
languages, all these texts being equally authentic. In case there
is any divergence of
the
interpretation of
English and the Chinese texts shall be determinative.

Lithuanian, Maltese,

this Agreement,

Polish,

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Съставено в Брюксел на тридесети януари две хиляди и девета година.

Hecho en Bruselas, el treinta de enero de dos mil nueve.

V Bruselu dne třicátého ledna dva tisíce devět.

Udfærdiget i Bruxelles den tredivte januar to tusind og ni.

Geschehen zu Brüssel am dreißigsten Januar zweitausendneun

Kahe tuhande üheksanda aasta jaanuarikuu kolmekümnendal päeval Brüsselis.

Εγινε στις Βρυξέλλες, στις τριάντα Ιανουαρίου δύο χιλιάδες εννιά.

Done at Brussels on the thirtieth day of January in the year two thousand and nine.

Fait à Bruxelles, le trente janvier deux mille neuf.

Fatto a Bruxelles, addì trenta gennaio duemilanove.

Briselē, divtūkstoš devītā gada trīsdesmitajā janvārī.

Priimta du tūkstančiai devintų metų sausio trisdešimtą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-kilencedik év január harmincadik napján.

Magħmul fi Brussell, fit-tletin jum ta’ Jannar tas-sena elfejn u disgħa.

Gedaan te Brussel, de dertigste januari tweeduizend negen.

Sporządzono w Brukseli, dnia trzydziestego stycznia roku dwa tysiące dziewiątego.

Feito em Bruxelas, em trinta de Janeiro de dois mil e nove.

Încheiat la Bruxelles, la treizeci ianuarie două mii nouă.

V Bruseli tridsiateho januára dvetisícdeväť.

V Bruslju, dne tridesetega januarja leta dva tisoč devet.

Tehty Brysselissä kolmantenakymmenentenä päivänä tammikuuta vuonna kaksituhattayhdeksän.

Som skedde i Bryssel den trettionde januari tjugohundranio.

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За Европейската общност

Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunitá Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen

От името на правителството на Киtайската народна република
Por el Gobierno de la República Popular China
Za vládu Čínské lidové republiky
For Folkerepublikken Kinas regering
Im Namen der Regierung der Volksrepublik China
Hiina Rahvavabariigi valitsuse nimel
Για την κυβέρνηση της Λαϊκής Δημοκρατίας της Κίνας
For the Government of the People’s Republic of China
Pour le gouvernement de la République populaire de Chine
Per il governo della Repubblica popolare cinese
Ķīnas Tautas Republikas vārdā
Kinijos Liaudies Respublikos Vyriausybės vardu
A Kínai Népköztársaság kormánya részéről
Għall-Gvern tar-Repubblika Popolari taċ-Ċina
Voor de Regering van de Volksrepubliek China
W imieniu rządu Chińskiej Republiki Ludowej
Pelo Governo da República Popular da China
Pentru Guvernul Republicii Populare Chineze
Za vládu Čínskej ľudovej republiky
Za Vlado Ljudske republike Kitajske
Kiinan kansantasavallan hallituksen puolesta
På Folkrepubliken Kinas regering vägnar

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ANNEX A

Substances subject to the measures referred to in Article 2(2)

N-Acetylanthranilic Acid

Acetic Anhydride

Anthranilic Acid

Ephedrine

Ephedra extract

Ergometrine

Ergotamine

Isosafrole

Lysergic Acid

3,4-Methylenedioxyphenyl-2-propanone

Norephedrine

Phenylacetic Acid

1-Phenyl-2-propanone

Piperonal

Potassium Permanganate

Pseudoephedrine

Safrole

Safrole rich oils

Note: The list of substances must always include a reference to their salts, where appropriate.

ANNEX B

Substances subject to the measures referred to in Article 2(3)

Acetone

Ethyl Ether

Hydrochloric Acid

Methyl Ethyl Ketone

Piperidine

Sulphuric Acid

Toluene