Proposal for a Council Decision on the position to be taken by the European Union concerning the proposal to amend the Annex A 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: 2009-12-01
Institutions: European Commission
Subjects: China, agreement (EU), drug traffic, export monitoring, narcotic, psychotropic substance, surveillance concerning imports

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.12.2009 
COM(2009)653 final 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union concerning the proposal to amend 
the Annex A 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 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

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  sets  out  measures 
aimed  at strengthening the co-operation  to prevent the  diversion of  drug precursors 
for  the  illicit  drug  manufacture.  The  European  Union  replaces  and  succeeds  the 
European Community in the Agreement. 

The  measures  set  out  in  the  agreement  build  upon  the  drug  precursor  legislation  in 
force in the European Union and in the People's Republic of China.  

Annex A of this Agreement sets out sensitive drug precursors substances for which 
the  strictest  control  provisions  apply.  Annex  A  currently  covers  'safrole  rich  oils'. 
While  these  substances  are  principally  covered  by  the  European  Union  drug 
precursor  legislation,  such  substances  are  outside  the  scope  the  legislation  of  the 
People's Republic of China. Currently the Chinese drug precursor legislation covers 
sassafras oil. 

In  order  to  enable  the  Government  of  the  People's  Republic  of  China  to  fulfil  its 
obligations  under  the  agreement,  the  term  'safrole  rich  oils'  should  be  replaced  by 
'sassafras oil'. 

1.2. 

General context 

The European Union continues to be reported as a world's major source of synthetic 
drugs,  e.  g.  amphetamine  and  MDMA  (commonly  referred  to  as  ecstasy).  The 
synthetic drug precursors required to produce those drugs are not easily available in 
the European Union and must be sourced outside. China is the world's major supplier 
for these synthetic drug precursors.  

The  proposed  measure  will  enable  the  People's  Republic  of  China  to  fulfil  its 
obligations under the agreement. 

1.3. 

Existing provisions in the area of the proposal 

Article 12 of the United Nations Convention against illicit traffic in narcotics drugs 
and psychotropic substances of 1988. 

Regulation  (EC)  No  273/2004  of  the  European  Parliament  and  of  the  Council  on 
drug precursors. 

Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade 
between the Community and third countries in drug precursors. 

Commission  Regulation  (EC)  No  1277/2005  laying  down  implementing  rules  for 
Regulation  (EC)  No  273/2004  of  the  European  Parliament  and  of  the  Council  on 

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drug precursors and for Council Regulation (EC) No 111/2005 laying down rules for 
the  monitoring  of  trade  between  the  Community  and  third  countries  in  drug 
precursors. 

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1.4. 

Consistency with the other policies and objectives of the Union 

The  proposal  is  consistent  with  the  EU  Action  Plan  on  Drugs  and  the  overall  EU 
Drugs strategy. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 

Consultation of interested parties 

Not relevant. 

2.2. 

Collection and use of expertise 

There was no need for external expertise. 

2.3. 

Impact assessment 

The main aim of the proposed measure is to enable the Government of the People's 
Republic  of  China  to  apply  the  obligations  of  the  agreement.  Deleting  safrole  rich 
oils and inserting sassafras oil will reduce the administrative burden. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The proposed measure will enable the European Union to take a position to amend 
the Annex 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  by  replacing 
safrole rich oils by sassafras oil. 

3.2. 

Legal basis 

Article 207 and Article 218 (09) TFEU. 

3.3. 

Subsidiarity principle 

The  proposal  is  in  conformity  with  the  principle  of  subsidiary.  It  implements  an 
amendment  to  the  international  agreement  which  as  such  respects  the  principle  of 
subsidiary. 

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3.4. 

Proportionality principle 

The proposal is in conformity with the principle of proportionality. It implements an 
amendment  to  the  international  agreement  which  as  such  respects  the  principle  of 
proportionality. 

3.5. 

Choice of instruments 

Proposed instruments: Decision. 

International  agreements  and  amendments  to  these  arrangements  are  normally 
introduced into the European Union's legal order by way of a Decision. 

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Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union concerning the proposal to amend 
the Annex A 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 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  ,  and  in  particular 
Article 207, in conjunction with Article 218 (9) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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  and  psychotropic  substances  laying  down 
measures to strengthen the control of the trade between the European Union and the 
People's Republic of China in drug precursors was approved on behalf of the European 
Union  by  Council  Decision  2009/166/EC  of  27  November  20081  and  entered  into 
force on 11 July 20092;  

The  measures  of  this  Agreement  build  upon  the  measures  set  out  by  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  precursors3 
for  the  European  Union  and  the  respective  legislation  in  the  People's  Republic  of 
China;  

Annex  A  of  the  Agreement  specifies  'safrole  rich  oils'.  These  substances  are  not 
covered by the relevant Chinese legislation which only takes account of 'sassafras oil'. 
Annex A of the Agreement should therefore be amended accordingly; 

In  accordance  with  Article  10  (2)  of  the  Agreement,  the  Joint  Follow-Up  Group 
established pursuant to Article 9 (1) of the Agreement, may adopt by mutual consent 
decisions to amend Annex A. Therefore, the European Union position concerning the 
proposed amendment should be determined, 

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3 

OJ L 56 of 28.02.2009, p. 6 – 14. 
OJ L 177 of 8.7.2009, p.7  
OJ L 22 of 26.1.2005, p. 1 – 10. 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The  European  Union's  position  within  the  Joint  Follow-Up  Group  shall  be  based  on  the 
attached draft decision.. 

Article 2 

The decision of the Joint Follow-Up Group shall be published in the Official Journal of the 
European Union. 

Done at Brussels,  

For the Council 
The President  

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DECISION No 1/2009 OF THE EU -CHINA JOINT FOLLOW-UP GROUP ON DRUG 
PRECURSORS 

ANNEX 

of (…) 

amending Annex A 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 and psychotropic substances 

THE JOINT FOLLOW-UP GROUP, 

Having regard to 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  and  psychotropic  substances,  and  in  particular  Article  10(2) 
thereof, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Annex A to the Agreement is amended as follows: 'safrole rich oils' are replaced by 'sassafras 
oil'. 

This Decision shall enter into force on the day of its adoption. 

Done at ,  

For the Joint Follow-Up Group 

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