CELEX: 51998PC0359
Language: en
Date: 1998-09-03
Title: Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and the Republic of Chile on precursors and chemical substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 03.09.1998
                                                  COM(1998) 359 final
                                                  98/0201 (ACC)
                                   Proposal for a
                              COUNCIL DECISION
concerning the conclusion of the Agreement between the European Community and
the Republic of Chile on precursors and chemical substances frequently used for the
         illicit manufacture of narcotic drugs and psychotropic substances
                          (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                                                  "^Xl/19!)/98--bN-()l-Ul/Uy/1998-
                                        EXPLANATORY MEMORANDUM
 1.          Article 12 of the United Nations Convention of Vienna against the illicit traffic in
narcotic drugs and psychotropic substances oi' 1988 imposes the establishment of adequate
controls on the trade in twenty-two scheduled precursors which may be diverted to the illicit
manufacture of drugs; precursors are chemical substances which, though having a licit use
and generally traded on a licit basis, may also be diverted to the illicit manufacture of narcotic
drugs or psychotropic substances. As trade in precursors is covered by Article 113 of the EC
Treaty, the Community is Contracting Party to the UN Vienna Convention of 1988.
2.           In line with the UN Vienna Convention of 1988, the Community has approved the
appropriate internal legislation to fight the diversion of precursors to the illicit manufacture of
chugs at Community and international level. While Council Directive (>2/l09/nHC deals with
the manufacturing and placing of precursors on the Community market. Council Regulation
3677/90 addresses the trade in precursors between the Community and third countries by
setting forth a number of export requirements.
3.           Provisions relevant to precursor control are found under legal instruments other than
the UN Vienna Convention of 1988 and the above-mentioned Community legislation.Thus,
the co-ordinated granting of export and import authorisations, mutual administrative
assistance and the exchange of sensitive information (individuals, companies, ...) on precursor
diversion require a specific legal framework.
4            As enshrined in the Chemical Action Task Force recommendations of 1991, adopted
under the aegis of the G 7, a regional approach may usefully be followed in order to avoid
that illicit traffic in precursors circumvents national controls via neighbouring countries. In
this context, the Council authorised the Commission by Decision of 25 September 1995 (Doc.
(
 >782/95) to negotiate with the countries of the Organisation of American States (OAS), on
behalf oï the Community, bilateral agreements on precursor diversion. These have been
signed, concluded and are currently in force with the countries of the Cartagena agreement1
(Bolivia, Colombia, Equator, Peru and Venezuela), Mexico" and the United States'.
K
  .          In accordance with the above-mentioned Decision, the Commission has negotiated an
Agreement on precursor control with Chile which was initialled on 3 December 1997. It is,
therefore, necessary to proceed to the signature and conclusion of such an Agreement.
ô            The Agreement features the possibility of amending the lists attached as Annexes A
and B to the Agreement. Such Annexes contain the precursors which are submitted to the
monitoring mechanisms under Article 2 of the Agreement. The amendments to the lists may
consist either of changing the number of chemicals ur^er the Annexes, or transfering the
chemicals from one annex to the other. Should these amendments concern only chemicals
which are already monitored under Community Law on precursor control, the Commission is
empowered to approve such amendments on behalf of the Community. The Council shall
appoint a special committee lo assist the Commission in such a task
    CI'. O.i 1. >24 of M)A2 |V*>5
   CT. O j 1. 77 of l«>.î I W 7
   ( T O.I I. S ( 4 u ! . ! l (..l«>«>7
 ---pagebreak---                                                     -—À\tn9^98-LN-Ul-UUU//T998
    The Council is therefore invited to:
Approve, on behalf of the Community, the Agreement between the European Community
and Chile on drugs precursors and chemical substances.
Appoint an empowered person to sign the Agreement.
Authorise the Commission, in consultation with a special committee as appointed by the
Council, to approve, on behalf of the Community, the appropriate amendments should the
Agreement impose such amendments to be adopted by the joint follow-up group; such an
authorisation shall, however, be limited to the amendment of the Annexes to the
Agreement in case the amendments concern substances which aie already covered by the
existing Community legislation on drugs precursors and chemical substances
 ---pagebreak---                                                                          XXI/ 195798-CN-01 -01 /07/19%
                          PROPOSAL FOR A COUNCIL DECISION
concerning the conclusion of the Agreement between the European Community and the
  Republic of Chile on precursors and chemical substances frequently used for the illicit
                 manufacture of narcotic drugs and psychotropic substances
 THE COUNCIL OF THE EUROPEAN UNION:
Having regard to the Treaty establishing the European Community, and in particular Article
1 13, in conjunction with the first sentence of Article 228(2) and Article 228(4) thereof,
Having regard to the proposal from the Commission,
Whereas, on 25 September 1995, the Council authorised the Commission to negotiate with
the member states of the Organisation of American States, on behalf of the Community for
agreements on the control of drugs precursors and chemical substances, whereas the
Commission completed such negotiations with Chile on 3 December 1997;
Whereas the Agreement between the European Community and Chile on the control of drug
precursors and chemical substances frequently used for the illicit manufacture of narcotic
drugs and psychotropic substances should be approved;
Whereas it is appropriate that the Council should authorise the Commission, in consultation
with a special committee appointed by the Council, to approve modifications on behalf of the
Community where the Agreement provides for them to be adopted by the Joint Follow-Up
Group; whereas such authorisation must, however, be limited to the modification of the
Annexes to the Agreement in so far as they concern substances already covered by
Community legislation on dings precursors and chemical substances,
HAS ADOPTED THIS DECISION:
                                                 Article I
The Agreement between the European Community and the Republic of Chile on the control
of drugs precursors and chemical substances frequently used for the illicit manufacture of
narcotic drugs and psychotropic substances is hereby approved on behalf of the Community.
                                                  Article 2
The President of the Council is hereby authorised to designate the person empowered to sign
the Agreement.
                                                  Article 3
 The President of the Council shall cany out, on behalf of the Community, the, exchange of
 instruments provided for in Article 12 of the Agreement.'
        The dale of the Agreement"s entry into force will be published in the Official Journal of the European
Communities bv the Councils General Secretarial.
                                                                                                           t\
 ---pagebreak---                                                              ~ XXI/193/98 ON 01 01/07/lQPik»
                                            Article 4
1. The Community shall be represented in the Joint Follow-Up Group provided for in Article
9 of the Agreement by the Commission, assisted by the representatives of the Member States.
2 The Commission is authorised to approve, on behalf of the Community, modifications to
the Annexes to the Agreement adopted by the Joint Follow-Up Group under the procedure
laid down in Article I Oof the Agreement
The Commission shall be assisted in 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 drugs precursors and chemical
substances.
                                            Article 5
This Decision shall be published in the Official .Journal of the Kuropean   Communities.
Done at Brussels                                               For the Council
 ---pagebreak---                                                          XX1/19V 98-EN-UU-U1/U //1 y98
                                          Draft
                                     AGREEMENT
             between the European Community and the Republic of Chile
on the prevention of diversion of precursors and chemical substances frequently used
        in the illicit manufacture of narcotic drugs or psychotropic substances
 ---pagebreak---                                                        XX1/193/98 EN 00 01/07/1998.
                                        (DRAFT)
                                     AGREEMENT
between the European Community and the Republic of Chile on the prevention of
diversion of precursors and chemical 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 REPUBLIC OF CHILE,
hereinafter referred to as "Chile", on the other pail,
hereinafter referred to as "the Contracting Parties",
WITHIN THE FRAMEWORK and development 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".
DETERMINED to prevent and combat the illicit manufacture of narcotic drugs and
psychotropic substances by preventing the diversion of precursors and chemical
substances frequently used for such purposes;
ACKNOWLEDGING Article 12 of the 1988 Convention;
ACKNOWLEDGING the final Report of the Chemical Action Task Force (CATF),
approved by the London G-7 Economic Summit on 15 July 1991, and agreeing with
the recommendation to strengthen international cooperation by the conclusion of
bilateral agreements, between regions and countries involved in export, import and
transit of these substances;
 ---pagebreak---                                                     •—XXV195/98-BN-00-01 /07/199»
CONVINCED that international trade may be used for the diversion of the products
in question, and that it is necessary to. conclude and implement agreements between
the regions concerned, establishing a wide cooperation and, in particular, linking
export and import controls;
AFFIRMING their common commitment to setting up assistance and cooperation
mechanisms between Chile and the Community in order to prevent the diversion of
controlled substances to illicit purposes, in harmony with the orientations and actions
decided at international level;
RECOGNIZING that these chemical substances 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
precursors and chemical substances frequently used in the illicit manufacture of
narcotic daigs or psychotropic substances, and, to this end, have designated as their
plenipotentiaries:
THE EUROPEAN COMMUNITY:
THE REPUBLIC OF CHILE:
WHO, having exchanged credentials of their full powers, found in good and due
form,
HAVE AGREED AS FOLLOWS:
                                                                                        ?
 ---pagebreak---                                                          YYI/IQS/QK  FN no oi/oTi'mn
                                          /f/7/'t7f /
                                   Scope of the agreement
1. This Agreement sets out measures to strengthen administrative cooperation
between the Contracting Parties to prevent the diversion of controlled substances
frequently   used in the illicit manufacture of narcotic drugs or psychotropic
substances, without prejudice to the due recognition of the legitimate interests of trade
and industry.
2 For this purpose, the Contracting Parties shall, in accordance with their legal, and
where appropriate, constitutional provisions and their legal framework, assist each
other as set out in this Agreement, notably in:
- monitoring the trade between them in controlled substances, with the aim of
preventing their diversion to illicit purposes,
 - providing mutual administrative assistance ensuring that the provisions of the
 relevant legislation on the control of trade in controlled substances are correctly
 applied.
 3 Without prejudice to possible amendments which might be adopted within the
competence of the Joint Follow-up Group, this Agreement applies to the substances
 listed in Tables I and II of the Annex to the 1988 Convention as last amended referred
to in this Agreement as "controlled substances".
                                                                                          9
 ---pagebreak---                                                         • XX1/19V98-EN-00-01/07/1998
                                          Article 2
                                     Trade monitoring
1. The Contracting Parties shall consult and inform each other on their own initiative
of any suspicion that controlled substances may be diverted to the illicit manufacture
of narcotic drugs or psychotropic substances, in particular when a shipment occurs in
unusual quantities or under unusual circumstances
2. With regard to the controlled substances listed in Annex A to this Agreement, the
competent authority of the exporting Contracting Party shall, at the same time as the
export authorization is issued and prior to the departure of the consignment, forward a
copy of the export authorization to the competent authority of the importing
Contracting Party. Specific information shall be provided where the operator benefits,
in the exporting country, from an open individual authorization covering multiple
export operations.
3. With regard to the controlled substances listed in Annex B to this Agreement, the
export shall be authorized only when the importing Contracting Party has given its
consent.
4. The Contracting Parties undertake to provide, reciprocally and in good time, due
feedback on any information provided or measure requested under this Article.
5. When implementing the above mentioned trade control measures, the legitimate
interests of trade shall be duly respected. In particular, in cases covered by paragraph
3, the reply by the importing Contracting Party shall be provided within 15 working
days of receiving the message from the exporting Contracting Party The absence of a
reply within this period shall be deemed as equivalent to the granting of an import
authorization    The refusal to grant an import authorization shall bo notified in writing
to the exporting Contracting Party within this period and must be substantiated.
                                                                                           40
 ---pagebreak---                                                          xximsm-ex^o-mowm
                                          Article 3
                                 Suspension of shipment
1. Without prejudice to the application of pertinent operational measures, shipments
shall be suspended if, in the opinion of either Contracting Party, there are sufficient
prior indications to believe that specified controlled substances may be diverted to the
illicit manufacture of narcotic drugs or psychotropic substances, or where, in the cases
described in Article 2 (3), the importing Contracting Party requests the suspension ,
subject in all cases to prior compliance with the rules and procedures laid down in the
legal framework of the Contracting Party that is to adopt the measure of suspension.
2. The Contracting Parties shall cooperate in supplying each other with any
information relating to presumed diversion operations.
                                          Article 4
                              Mutual administrative assistance
 1 The Contracting Parties shall supply to each other, either on their own initiative or
on request, any information to prevent the diversion of controlled substances to the
 illicit manufacture of narcotic drugs or psychotropic substances or shall investigate
 cases of suspected diversion.        Where necessary they shall adopt appropriate
 precautionary measures to prevent diversion.
 2. Any request for information or precautionary measures shall be complied with as
 promptly as possible.
 3. Requests for administrative assistance shall be executed in accordance with the
  laws, regulations and other legal instruments of the requested Contracting Party.
                                                                                         A*\
 ---pagebreak---                                                         -• XXI/I9V9ÎLEN 00 01/07/1998
4 Officials (if a Contracting Party may, with the agreement of" the other Contracting
Party, be present at the inquiries carried out in the territory of the latter.
5. The Contracting Parties shall assist each other to facilitate the provision of
evidence.
6 Administrative assistance provided under this Article shall not prejudice the rules
governing mutual legal assistance in criminal matters, nor shall it apply to
information obtained under powers exercised at the request of a judicial authority,
unless the authority so agrees.
7. Information may be requested in respect of chemical 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
 1. Any information communicated in whatsoever form pursuant to this Agreement
shall be of a confidential or restricted nature, depending on the rules applicable in
each of the Contracting Parties.      It shall be covered by the obligation of official
secrecy and shall enjoy the protection extended to similar information under the
relevant laws or provisions applicable in the Contracting Party which received it.
2. Data relating to natural persons may be exchanged only where the receiving
Contracting Party undertakes to afford such data with at least the same level of
protection as the one applicable to that particular instance in the Contracting Party
liable to supply them To this end, the Contracting Parties shall provide each other
information setting forth the applicable standards of the Contracting Parties, including
where appropriate the legal standards of the Member States of the Community.
                                                                                      14
 ---pagebreak---                                                          "xxi/19fi/oo-"ENTHRrnro»9a»
3 Information obtained shall be used solely for the purposes of this Agreement.
Where one of the Contracting Parties requests the use of such information for other
purposes, it shall ask for the prior written consent of the competent authority which
supplied the information. Moreover, such use shall be subject to any restrictions laid
down by that authority.
4. Paragraph 3 shall not impede the use of information in any judicial or
administrative proceedings subsequently instituted for failure to comply substance
control législation The competent authority which supplied that information shall be
notified of such use.
                                          Article 6
                    Exceptions to the obligation to provide assistance
1. The Contracting Parties may refuse to give assistance as provided for in this
Agreement, where to do so would:
(a) be likely to prejudice the sovereignty of Chile or of a Member State of the
Community,
(b) be likely to prejudice public policy and security or other essential interests, in
particular the cases referred to in Article 5 (2); or
(c) violate an industrial, commercial or professional secret.
2. If one Contracting Party requests assistance which it could not supply itself entirely
or partially upon a similar request, it shall state this situation in its request. The other
Contracting Party shall then decide in what form it can comply with the request.
3. If assistance is refused, the decision and its explanatory reasons shall be notified
without delay to the other Contracting Party
                                                                                             -Î3
 ---pagebreak---                                                          ^ I / l v V T i riif nn rnnTi'inn
                                        Article 7
                           Technical and scientific cooperation
The Contracting Parties shall cooperate in the identification of new diversion methods
as well as appropriate countermeasures, including technical cooperation to strengthen
administrative, investigation and control structures in this field and promote
cooperation with trade and industry. Such technical cooperation may concern, in
 particular, training and exchange programmes for the officials concerned as well as
the equipment necessary for the implementation of this Agreement.
                                        Article H
                               Implementation measures
 1. The Contracting Parties shall endeavour to implement this Agreement taking into
account the necessity of a consistent approach to legislation on controlled substances
for the entire inter-American region.
2. Each Contracting Party shall appoint a competent authority or competent
authorities to coordinate the application of this Agreement. These authorities shall
communicate directly with one another for the purposes of this Agreement.
3. The Contracting Parties shall keep each other informed of the provisions which
they adopt for the implementation of this Agreement.
 ---pagebreak---                                                                                      • • • • M M
                                                         XXI£l££/attJ3^^
                                         Article 9
                                 Joint FoHow-l.Jp Group
 1 A Joint Follow-up Group on the control of precursors and chemical substances is
hereby established, hereinafter referred to as "the Joint Follow-up Group", in which
each Contracting Party to this Agreement shall be represented.        This Group is
considered as a sub-group under the Joint Committee set up by Article 35(1) of the
Framework Co-operation Agreement between the Community and its Member States,
of the one part, and the Republic of Chile, of the other part.
2. The Joint Follow-up Group shall act by mutual agreement. It shall normally meet
once a year, with the date, place and programme being fixed by mutual agreement. To
the extent possible, these meetings shall be organized simultaneously with those of
other joint committees or joint groups on the control of precursors and chemical
substances established between the Community and other Member States of the
Organization of American States.
Extraordinary meetings of the Joint Follow-up Group may be convened by agreement
of the Contracting Parties.
3. The Joint Follow-up Group shall adopt it own rules of procedure.
                                        Article JO
                           Role of the Joint Fol low-Up Group
 I The Joint Follow-up Group shall administer this Agreement and ensure its proper
implementation. For this purpose:
—it shall study and develop the necessary means to ensure the correct functioning of
the present Agreement,
                                                                                  As
 ---pagebreak---                                                         - XXI/195/9U EN UU Ul/07/lMfr
 —it shall be regularly informed by the Contracting Parties of their experience in
 applying this Agreement,
 —in the cases provided for in paragraph 2, it shall take decisions,
 —in the cases provided for in paragraph 3, it shall make recommendations,
—it shall study and develop the technical assistance measures referred to in Article 7,
—it shall study and develop other possible forms of cooperation in matters relating to
 controlled substances.
 2. The Joint Follow-up Group shall adopt by mutual consent decisions to amend
Annexes A and B.
Such decisions shall be implemented by the Contracting Parties in accordance with
their own legislation.
If, in the Joint Follow-up Group, a representative of a Contracting Party has accepted
a decision subject to the completion of the procedures necessary for that purpose, the
decision shall enter into force, if no date is contained therein, on the first day of the
second month after such a completion is notified.
3. The Joint Follow-up Group shall recommend to the Contracting Parties:
(a) amendments to this Agreement;
(b) any other measure required for the application of this Agreement.
                                                                                          •ic
 ---pagebreak---                                                      . YYTH nyn» .LN4JU-U l/U //1 I W
                                      /Jr//t7c / /
                     Obligations imposed under other agreements
1. Taking into account the respective competencies of the Community and its
   Member States, the provisions of this Agreement shall:
   - not affect the obligations of the Contracting Parties under any other
       international agreement or convention;
   - be deemed complementary with agreements covering controlled substances
       which have been or may be concluded between individual Member States of
       the Community and Chile; and
   - not affect the provisions governing the communication between the competent
       services of the Commission and the customs authorities of the Member States
       of the Community of any information obtained under this Protocol
       which could be of interest to the Community.
2. Notwithstanding the provisions of paragraph 1, the provisions of this Agreement
   shall take precedence over the provisions of any bilateral agreements in
   controlled substances matters which have been or may be concluded between
   Member States of the Community and Chile, 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
   Contracting Parties shall consult each other to resolve the matter in the
   framework of the Joint Follow-up Group set up under Article 9.
4  The Contracting Parties shall also notify each other of any measures in substance
   control matters taken with other countries
                                                                                      1=?-
 ---pagebreak---                                                        JQOafl.VP0 EM 00 01/07/1990
                                        Article 12
                                     Entry in to force
This Agreement shall enter into force on the first day of the second month following
the date on which the Contracting            Parties have exchanged their     respective
instruments of ratification, acceptance or approval, according to the rules applicable
for each Contracting Party.
                                        Article 13
                               Duration and denunciation
 1 This Agreement shall be concluded for five years and, unless otherwise disposed, it
will be tacitly renewable for successive periods of the same duration.
2 This Agreement may be amended by mutual consent of the Contracting Parties.
3. Either Contracting Party may withdraw from this Agreement provided it gives 12
months' prior notice in writing to the other Contracting Party.
                                        Article 14
                                     Authentic texts
This Agreement, which is drawn up in duplicate in the Danish, Dutch, English,
Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages,
all texts being equally authentic, shall be deposited in the archives of the General
Secretariat of the Council of the European Union, which shall deliver a certified copy
thereof to each Contracting Party.
                                                                                  At
 ---pagebreak---                                                       -aiXI/195/98-EN-00-01/07/199ft-
                                                                           ANNEX A
Substances subject to the measures referred tojn Article 2 (2)
Methyl ethyl ketone
Toluene
Potassium permanganate
Sulphuric acid
Acetone
Ethyl ether
Hydrochloric acid
Acetic anhydride
Anthranilic acid
Phenylacetic acid
Piperidine
                                                                            ANNEX B
Substances subject to the measures referred to in Article 2 (3)
Note: The list of substances must always include a reference to their salts, where
       appropriate.
                                                                                   A2>
 ---pagebreak---                                                                           •XXI/195/90 EN-
                     Statements to be included in the Council minutes
1.  Article 1(3)
    The Council and the Commission agree that save in exceptional circumstances
    arising from a country's specific situation the Community will not give favourable
    consideration to amendments to the annexes to this Agreement that would extend
    the application of Article 1(3) beyond the list of chemical substances annexed to
    the 1988 UN Convention unless such amendments are a preliminary to amendment
    of the annexes to the Convention itself.
2. Article 2(2)
      The Council and the Commission note that the first sentence of Article 2(2) is not
    applicable if an operator has an open individual authorisation, in which case the
    exporting contracting party is simply required to inform the importing contracting
    party of the existence and details of the authorisation in accordance with the second
    sentence of paragraph 2.
3.     Article 4
    The Council and the Commission note that Article 4 is applicable only to the extent
     it concerns mutual administrative cooperation.
4.       [Article 4(7)
    The Council and the Commission agree that the contracting parties are not required
     to supply any information that may be requested under Article 4(7), even in cases
    where no exception to the obligation to give assistance is provided for in Article (>.]
5.   Article 5(2)
     The Council and the Commission agree that the law of the Member State that
     directly or indirectly supplied the data should be the reference point for
     establishing the level and conditions of data protection under Article 5(2).
6.   Article 5(4)
     The French delegation states that Article 5(4) is subject to compliance with any
     restrictions laid down by the authority referred to in paragraph 3 where such
     restrictions refer to the use of information for legal proceedings.
7.   Article 0(2) (deleted - refers In option ! that was not included in the standard
     agreement)
     (D: refusal where there is a breach of industrial, commercial or professional
     secrecy and/or data protection is not equivalent to that given by German law.)
                                                                                   ^o
 ---pagebreak--- 8. Article 7(ex Statement 8)
   ïjie Council and thc_Commission agree that the Community should not enter into
   technical and scientific cooperation undertakings that exceed available staff
   capacity in the Member States and the Commission.
9. Article 10 (ex Statement 9)
   The Council and the Commission slate that the implementing provisions to be laid
   down for the form and content of requests shall not fall below the standards set by
   other comparable agreements.
                                                                                   <M
 ---pagebreak---                                                                 xxin<K m EM or o 1/07/199?r
                                  FINANCIAL STATEMENT
                        Concerning the signature and conclusion of an
                                       Agreement on the
                     control of drugs precursors and chemical substances
                         between the European Community and Chile
This operation is fully covered by the financial statement on the operation « Negotiation of
precursor control agreements with the Me m her countries of the Organization of the American
States (OAS) » as approved by the Council Decision of 25 September 1995 There ara no
additional resources needed for the current operation.
1. TITLE OF OPERATION
Signature and conclusion of an Agreement on the control of drugs precursors and chemical
substances between the European Community and Chile.
2. BUDGET HEADINGS INVOLVED
A-1300:                Mission expenses, travel expenses and incidental expenditure incurred
                       by Commission staff
A-2500:                Meetings in general
B7-6210 :              North-South co-operation in the fight against drugs and drug abuse
3. LEGAL BASIS
- Council Regulation (EEC) N° 3677/90 of 13 December 1990 (QJ N" L 357 of 20.12.90, p.l), as
last amended by Council regulation (EEC) N" 900/92 of 31 March 1992 (OJ N° L 96 of 10.4.92,
p.l), and implemented by Commission Regulation (EEC) N° 3769/92 of 21 December 1992 (OJ
N° L 383 of 29.12.92, p. 17), as last amended by Commission regulation (EEC) N° 2093/97 (OJ
N ° L 267 of 25.10.97, p. 11).
-Council Regulation (EEC) N° 2046/97 of 13.10.1997.
4. DESCRIPTION OF OPERATION
4.1. General objective
To establish co-ordinated trade controls on drugs precursors for the benefit of both parties and
 thereby strengthen North-South as well as trans-atlnntic partnership in anti-drugs matters
4.2. Period covered and arrangements for renewal
 5 years, with tacit annual renewal thereafter.
 01.01.1999-31.12.2004
                                                                                         21
 ---pagebreak---                                                                         '^^Mrf^im^n^uMiÂnm^
 5. CLASSIFICATION OF EXPENDITURE OK                    REVENUE
 PartAiCND
 Part B: DNO/CD
6. T Y P E O F E X P E N D I T U R E O R  R E V E N U E
 100% subsidy.
7. FINANCIAL IMPACT
7.1. Method of calculating total cost of operation (relation between individual and total costs)
30,000 ECUs per year are planned as of budget year 1998.
7.2. Itemised breakdown of cost
                                         Commitment appropriations
                                         ECU million (at current prices)
    Breakdown                        Annee 1998          APB       Total
                                                          1999
                                         0.030           0.030     0.060
    Training
                                         0.030           0.030     0.060
    Total
7.3. Schedule of commitment and payment appropriations
                               ECU million (at current prices)
                                      1998        APB       Total
                                                  1999
    Commitment                       0.030       0.030      0.060
    appropriations
    Payment
    appropriations
              1998                   0.030                  0.030
              1999                               0.030      0.030
                                     0.0 to      0.0 M      0 060
    Total
                                                                                      Z 3
                                                                                             -8-
 ---pagebreak---                                                                . XXI/19S/98- EN 01 01/07/1998-
8. FRAUD PREVENTIONS MEASURES
The bodies responsible in the Community, namely the Court of Auditors and the Financial
Control, will take the appropriate measures in anti-fraud matters.
Furthermore, the precursor control Agreement with Chile sets up a joint follow-up group as a
sub-group under the Joint Committee set up by the Framework Co-operation Agreement. Such a
joint follow-up group will assess the implementation of the precursor control Agreement and
supervise the projects being funded to comply with the objectives under the Agreement.
9. E L E M E N T S O F COST-EFFECTIVENESS ANALYSIS
9.1. Specific and quantified objectives; target population
Control of international trade in drugs precursors has a direct impact on the availability of
chemicals to illicit drugs manufacture. Improved international co-operation renders the supply of
illicit drugs more difficult, and helps achieve public health objectives by reducing the quantity of
illicit drugs on the market.
9.2. Grounds for the operation
The action corresponds to engagements taken by the Community at international level (1988 UN
Convention, Recommendations by the G-7 Chemical Action Task Force approved by the 1991
London Economic Summit).
9.3. Monitoring and evaluation of the operation
The effectiveness of the Agreement and its related technical assistance will be supervised by the
joint follow-up group under the Agreement. Additionally, on-the-spot missions will ensure
compliance with the objectives of the Agreement.
 10. ADMINISTRATIVE EXPENDITURE (SECTION III, PART A OF THE BUDGET)
Actual mobilization of the necessary administrative resources will depend on the Commission's
annual decision on the allocation of resources, taking into account the number of staff and
additional amounts authorized by the budgetary authority.
                                                                                          Z
                                                                                            H
 ---pagebreak---                                                                  -. XXI/195/98-EN-01-01/07/1998
      10.1. Effect on the number of posts
      No additional staff is required.
Type of post           Staff to be assigned to         Source                          Duration
                       managing the operation
                       Permanent       Temporary       Existing           Additional
                       posts           posts           resources in       resources
                                                       the DG or
                                                       department
                                                       concerned
Officials or      A     1              1
temporary         B
staff             C
Other resources
         Total          1              1
       10.2. Overall financial impact of additional human resources
      No additional resources are required.
      Amount of redeployed credits : 2 x 108,000 ECU per year = 216,000 ECU.
                                              ECUs
                                              Montants             Calculation method
      Officials                               108,000                  2x108,000
      Temporary' agents                       108,000
      Other resources (quote budget
      line)
                                 Total        216,000
       10.3. Increase in other administrative expenditure as a result of the operation
      The credits below shall be obtained on the basis of redeployment of existing resources.
                                              ECU
        Budget heading                         Amounts     Method of calculation
       _____                                     8,480    see below (I)
        A-7030                                   9,750    see below (2)
        Total                                   18,230    ~
       The amounts given correspond to expenditure for 12 months as the action is indefinite.
                                                                                                2-T
 ---pagebreak---                                                                         XXI/193/98-CN-O1-O1/Q7/1990
(1) Missions (A-701): 1 mission a year for 2 officials. Duration: 4 days.
                                                                                        ECU
         - South America
                  travel =                                                              2 x 3.500
                  subsistence =                                                         2 x 4 x 185
                                                                                        8.480
(2) Meetings (A-7030): taking place once a year alternatively in Brussels and South America'.
                                                                                        ECU
         " Brussels: travel costs = 15 MSt delegates x 650 ecus =                       9.750
         -Annual average costs = (9.750+8.480) / 2 =                                    9.115
1
  Upon approval of Coreper the Council pays the travel costs for the MS delegates attending the meetings abroad
within the precursor control Agreement
                                                                                                    2Q>
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(98) 359 final
                                              DOCUMENTS
EN                                                                11 05     15
                                    Catalogue number : CB-CO-98-376-EN-C
                                                             ISBN 92-78-37072-X
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                                               z=t-