CELEX: 
Language: en
Date: 2020-07-14 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Regulation (EC) No 273/2004 of the European Parliament and of the Council and Council Regulation (EC) No 111/2005 as regards the inclusion of certain drug precursors in the list of scheduled substances

EUROPEAN
                          COMMISSION
                                                    Brussels, 14.7.2020
                                                    C(2020) 4691 final
               COMMISSION DELEGATED REGULATION (EU) …/...
                                       of 14.7.2020
   amending Regulation (EC) No 273/2004 of the European Parliament and of the Council
     and Council Regulation (EC) No 111/2005 as regards the inclusion of certain drug
                      precursors in the list of scheduled substances
                               (Text with EEA relevance)
EN                                                                                    EN
 ---pagebreak---                                     EXPLANATORY MEMORANDUM
   1.         CONTEXT OF THE DELEGATED ACT
   Drug precursors are chemicals which may be used for the illicit manufacture of narcotic drugs
   or psychotropic substances. Regulation (EC) No 273/2004 of the European Parliament and of
   the Council lays down measures for monitoring trade in drug precursors within the EU, while
   Council Regulation (EC) No 111/2005 governs trade in drug precursors between the EU and
   third countries.
   The two Regulations jointly implement the measures envisaged by Article 12 of the United
   Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of
   19 December 19881 (the '1988 UN Convention').
   In December 2013 these two Regulations were amended in order to strengthen the efficiency
   of the control measures for drug precursors. The empowerment to adopt delegated acts to add
   new substances to the list of scheduled substances was introduced allowing a quick adaptation
   of the Regulations to new trends in diversion of drug precursors. Further amendments to the
   two Regulations added extra substances to the lists of scheduled substances.
   In its decisions 62/10, 62/11 and 62/12, taken at its sixty-second session on 19 March 2019,
   the Commission on Narcotic Drugs of the United Nations (CND) decided to include three
   substances, 3,4-MDP-2-P methyl glycidate2 (“PMK glycidate”), 3,4-MDP-2-P methyl
   glycidic acid (“PMK glycidic acid”) and alpha-phenylacetoacetamide (APAA) to Table I of
   the Convention. Additionally, in its decision 63/1, taken at its sixty-third session on 4 March
   2020, the CND decided to include methyl alpha-phenylacetoacetate (MAPA) to Table I of the
   Convention. Therefore, the European Commission needs to adopt a Delegated Regulation
   amending Regulation (EC) No 273/2004 and Council Regulation (EC) No 111/2005 to add
   these four substances to the Annexes of these Regulations. The subsequent scheduling of
   these four substances under Regulations (EC) No 273/2004 and (EC) No 111/2005 allows
   increased controls on the use of those substances, with a view to prevent their diversion to
   illicit manufacture of amphetamines and MDMA - commonly known as “ecstasy”.
   The ease with which these four substances can be transformed to support the production of
   amphetamines and MDMA, the dimension of the subsequent social and public health
   problems related to the consumption of amphetamines and MDMA, the absence of known
   licit uses and the limited additional workload for the competent authorities justify their
   inclusion into the list of scheduled substances under Regulations 273/2004 and 111/2005.
   Similarly, and although they have not been added to the Tables of the 1988 UN Convention
   methyl 2-methyl-3-phenyloxirane-2-carboxylate (BMK methyl glycidate) and 2-methyl-3-
   phenyloxirane-2-carboxylic acid (BMK glycidic acid) are frequently used in the illegal
   manufacture of amphetamines. The ease with which these two substances can be transformed
   to support the production of amphetamines, the dimension of the subsequent social and public
   health problems related to the consumption of amphetamines, the absence of significant licit
   uses of the substances and the limited additional workload for the competent authorities
   justify their inclusion into the list of scheduled substances under Regulations 273/2004 and
   111/2005 thereby going beyond the .obligations stemming from the UN 1988 Convention.
   Red phosphorus has significant legitimate use but it is frequently diverted from legal channels
   and used in the illicit manufacture of methamphetamine the EU. A significant number of
   1
            OJ L 326, 24.11.1990, p. 57.
   2
            For reasons of consistency these substances will be named in the annexes of the Regulations under the
            recognised standards of the International Union of Pure and Applied Chemistry (IUPAC).
EN                                                         1                                                      EN
 ---pagebreak---    illicit methamphetamine laboratories are dismantled each year in the EU. It is estimated that
   illicit production reaches between 10-12 tonnes per annum in one Member State alone.
   Additionally, recently there are strong indications that the illicitly manufacture of
   methamphetamine is spreading to more and more Member States.
   Methamphetamine is a very addictive drug and is causing serious social and public health
   problems in some regions of the EU. In this light it is proportionate and justified to include
   red phosphorus into the list of scheduled substances under Regulations 273/2004 and
   111/2005.
   Possibility to schedule in Category 1 or Category 2 of Regulation (EC) No 273/2004 and
   Regulation (EC) No 111/2005
   The Commission has discretion as to whether to add the four substances scheduled by the UN
   1988 Convention to Category 1 or Category 2 of the Regulations. Category 3 of the
   regulations is not appropriate as this would mean that the obligations stemming from the UN
   1988 Convention could not be met. Category 4, which only exists for Council Regulation
   (EC) No 111/2005, is also excluded because this category can only include medicinal
   products and veterinary medicinal products containing scheduled substances.
   Substances scheduled in Category 1 pose the greatest risk when diverted and usually become
   incorporated in full or in part into the molecule of the narcotic drug or psychotropic substance
   (i.e. an immediate precursor). Therefore, the control and monitoring measures applicable to
   these substances are the strictest in both regulations.
   Substances in Category 2 either pose a lower risk or the amounts of these substances diverted
   to the illicit manufacture of drugs represent such a small proportion of the total amounts
   legally traded and used in the EU that scheduling them under Category 1 would cause a
   disproportionate burden; hence, the corresponding control and monitoring measures are
   consequently somewhat less strict.
   Category 1 substances need to be stored in secured premises (e.g. locks, video-camera
   surveillance, etc.) and each operator dealing with these substances needs a licence. For
   substances of Category 2 there is no obligation to store them into secured premises and the
   operators only need a registration. As to the control of external trade, the main difference
   between the two categories is that substances in Category 1 require an import and export
   authorisation, while for Category 2 substances there is only an obligation for an export
   authorisation.
   Legal use of the substances
   Based on information collected during the scheduling process in the 1988 UN Convention it
   can be concluded that there is no legitimate trade and use of PMK glycidic acid, PMK
   glycidate, APAA and MAPA. During the analysis leading to the current proposal to schedule
   BMK methyl glycidate and BMK glycidic acid in the Regulations 273/2004 and 111/2005 it
   appeared that these substances have no significant licit uses in the EU.
   As these six substances can be easily transformed to support the production of amphetamines
   and MDMA, taking into consideration the dimension of the subsequent social and public
   health problems related to the consumption of amphetamines and MDMA and the limited
   additional workload for the competent authorities and operators, scheduling them under
   Category 1 would not cause a disproportionate burden.
   Red phosphorus on the other hand has significant legitimate use. To counter the diversion of
   this substance from licit use to illicit use in the framework of intra EU trade, it is therefore
   proposed to schedule it in Category 2A in Annex I to Regulation (EC) No 273/2004. A
EN                                                  2                                               EN
 ---pagebreak---    threshold of 0,1 kg will apply to mitigate the obligations of the Regulation where the quantity
   involved does not exceed that threshold over a period of one year. The threshold was
   determined in agreement with the competent authorities of the Member States.
   Although it is currently not known whether red phosphorus is also diverted from the trade
   between the EU and third countries it is very likely that once the intra EU trade is monitored
   illicit drug manufactures will try to source this substance through the diversion from trade
   between the EU and third countries. Therefore, red phosphorus should also be added to
   Category 2 in the Annex to Regulation (EC) No 111/2005. This also ensures that the
   parallelism between the substances included in Regulation (EC) No 273/2004 and in
   Regulation (EC) 111/2005 remains and this simplifies the implementation of these regulations
   by operators and competent authorities.
   In amending the two Regulations, it is also appropriate to update the relevant CN codes of the
   substances contained in the various annexes.
   2.        CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
   In line with paragraph 4 of the Common Understanding on Delegated Acts between the
   European Parliament, the Council and the European Commission, appropriate and transparent
   consultations, including at expert level, have been carried out in the preparation of this
   delegated act. A draft version of the delegated act has been transmitted to the European
   Parliament on 22 January 2020. The Group of Experts on Drug Precursors has discussed the
   proposal in detail during its meetings on 14-15 May 2018, 21-22 November 2018, 27-28 May
   2019 and 28-29 November 2019. Additionally, a draft version of the delegated act has been
   submitted to the Group on 2 October 2019 and a revised draft version on 22 January 2020.
   3.        LEGAL ELEMENTS OF THE DELEGATED ACT
   On the basis of Article 15 of Regulation (EC) No 273/2004 of the European Parliament and of
   the Council, as amended by Regulation (EU) No 1258/2013, and Article 30a of Council
   Regulation (EC) No 111/2005, as amended by Regulation (EU) No 1259/2013 of the
   European Parliament and of the Council, the Commission is empowered to adopt delegated
   acts in order to adapt the Annexes to new trends in diversion of drug precursors and to follow
   any amendment to the tables in the Annex to the United Nations Convention.
   As referred to in chapter 1, for PMK glycidic acid, PMK glycidate, APAA and MAPA there is
   a need to follow the amendments to the tables in the Annex to the UN 1988 Convention.
   BMK methyl glycidate, BMK glycidic acid and red phosphorus are substances which are
   frequently used for illicit purposes and which present increasing challenges for the Member
   States. Therefore, the Annexes to Regulation (EC) No 273/2004 and Regulation (EC) No
   111/2005 should be adapted to new trends in diversion in accordance with the delegation of
   power in Regulation (EC) 273/2004 and Regulation (EC) No 111/2005.
   Regulations 273/2004 and 111/2005 are closely linked. They jointly implement the measures
   envisaged by Article 12 of the United Nations Convention against Illicit Traffic in Narcotic
   Drugs and Psychotropic Substances of 19 December 1988. Common implementing rules for
   Regulations 273/2004 and 111/2005 have been adopted through Commission Delegated
   Regulation (EU) 2015/1011 and Commission Implementing Regulation (EU) 2015/1013.
   In the light of the above, the bundling of two different empowerments based on different basic
   legislative acts into one single delegated act is justified by the close material link between the
   empowerments in question.
EN                                                  3                                                 EN
 ---pagebreak---                      COMMISSION DELEGATED REGULATION (EU) …/...
                                               of 14.7.2020
     amending Regulation (EC) No 273/2004 of the European Parliament and of the Council
       and Council Regulation (EC) No 111/2005 as regards the inclusion of certain drug
                             precursors in the list of scheduled substances
                                        (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 273/2004 of the European Parliament and of the
   Council of 11 February 2004 on drug precursors1, and in particular Article 15 thereof,
   Having regard to Council Regulation (EC) No 111/2005 of 22 December 2004 laying down
   rules for the monitoring of trade between the Union and third countries in drug precursors2,
   and in particular Article 30a thereof,
   Whereas:
   (1)     Annex I to Regulation (EC) No 273/2004 and the Annex to Regulation (EC) No
           111/2005 each contain a list of scheduled substances, which are subject to a number of
           harmonised control and monitoring measures provided for by those Regulations.
   (2)     By means of Decisions 62/10, 62/11 and 62/12 of the Commission on Narcotic Drugs
           of the United Nations (CND), taken at its sixty-second session on 19 March 2019, the
           three substances methyl 3-(1,3-benzodioxol-5-yl)-2-methyloxirane-2-carboxylate
           (PMK methyl glycidate), 3-(1,3-benzodioxol-5-yl)-2-methyloxirane-2-carboxylic acid
           (PMK glycidic acid) and alpha-phenylacetoacetamide (APAA) have been added to
           Table I of the United Nations Convention against Illicit Traffic in Narcotic Drugs and
           Psychotropic Substances of 19 December 19883 ('the 1988 UN Convention').
           Additionally, by means of Decision 63/1 of the CND, taken at its sixty-third session on
           4 March 2020, the substance methyl alpha-phenylacetoacetate (MAPA) has been
           added to Table I of the 1988 UN Convention.
   (3)     One of the purposes of Regulations (EC) No 273/2004 and (EC) No 111/2005 is to
           implement Article 12 of the 1988 UN Convention in the Union. PMK methyl
           glycidate, PMK glycidic acid, APAA and MAPA should consequently be included in
           Annex I to Regulation (EC) No 273/2004 and in the Annex to Regulation (EC) No
           111/2005.
   (4)     The scheduled substances listed in Annex I to Regulation (EC) No 273/2004 and in the
           Annex to Regulation (EC) No 111/2005 are divided into categories for which different
           measures apply, so as to achieve a proportionate balance between the level of threat
           posed by each specific substance and the burden on licit trade. The strictest control and
           monitoring measures apply to substances of category 1. For example, substances of
   1
           OJ L 47, 18.2.2004, p. 1.
   2
           OJ L 22, 26.1.2005, p. 1.
   3
           OJ L 326, 24.11.1990, p. 57.
EN                                                   4                                               EN
 ---pagebreak---         category 1 need to be stored in secured premises and each operator dealing with such
        substances needs a licence.
   (5)  PMK methyl glycidate and PMK glycidic acid are immediate precursors of 3,4-
        methylenedioxymethamphetamine (MDMA), commonly known as ‘ecstasy’. APAA
        and MAPA are immediate precursors of amphetamines. In other words, those
        substances can be easily transformed into MDMA or amphetamines.
   (6)  The misuse and abuse of MDMA and amphetamines are causing serious social and
        public health problems in some regions of the Union. Additionally, organised crime
        groups in the Union produce vast amounts of MDMA and amphetamines. Large
        quantities of MDMA and amphetamines are also exported to third countries.
   (7)  There is no known licit production, trade or use of PMK methyl glycidate, PMK
        glycidic acid, APAA and MAPA in the Union. Including those substances under
        category 1 in Annex I to Regulation (EC) No 273/2004 and in the Annex to
        Regulation (EC) No 111/2005 would consequently not entail any extra administrative
        burden for economic operators and competent authorities in the Union.
   (8)  In the light of the threat that PMK methyl glycidate, PMK glycidic acid, APAA and
        MAPA pose to the social and public health in the Union, and considering that their
        scheduling will have no impact on their licit trade, production and use in the Union,
        those substances should be listed under category 1 in Annex I to Regulation (EC) No
        273/2004 and in the Annex to Regulation (EC) No 111/2005.
   (9)  Methyl 2-methyl-3-phenyloxirane-2-carboxylate (BMK methyl glycidate) and 2-
        methyl-3-phenyloxirane-2-carboxylic acid (BMK glycidic acid) are also substances
        that are immediate precursors of amphetamines and that are frequently used for the
        illicit manufacture of amphetamines. Those substances should therefore be included in
        Annex I to Regulation (EC) No 273/2004 and in the Annex to Regulation (EC) No
        111/2005.
   (10) There is no significant licit production, trade or use of BMK methyl glycidate and
        BMK glycidic acid in the Union. Including those substances under category 1 in
        Annex I to Regulation (EC) No 273/2004 and in the Annex to Regulation (EC)
        111/2005 would consequently not entail any significant extra administrative burden
        for economic operators and competent authorities in the Union.
   (11) In the light of the threat that BMK methyl glycidate and BMK glycidic acid pose to
        the social and public health in the Union and considering that their scheduling will
        only have marginal impact on their licit trade, production and use in the Union, they
        should be listed under category 1 in Annex I to Regulation (EC) No 273/2004 and in
        the Annex to Regulation (EC) No 111/2005.
   (12) Red phosphorus is frequently diverted from trade in the internal market and used in the
        Union for the illicit manufacture of methamphetamine. It is used as a catalyst to drive
        the chemical conversion to methamphetamine of ephedrine or pseudoephedrine, which
        are already listed under category 1 in Annex I to Regulation (EC) No 273/2004 and in
        the Annex to Regulation (EC) No 111/2005). Consequently, red phosphorus should be
        included in Annex I to Regulation (EC) No 273/2004.
   (13) Methamphetamine is a very addictive drug which is causing serious social and public
        health problems in some regions of the Union.
EN                                              5                                               EN
 ---pagebreak---    (14) Red phosphorus has however important and diversified legal uses, such as the
        manufacture of flame-retardants for plastics, pyrotechnics and striker plates for safety
        matches and flares.
   (15) In order to achieve a proportionate balance between the threat that red phosphorus
        poses to the social and public health in the Union and the burden on licit trade in that
        substance on the internal market, red phosphorus should be included under category
        2A in Annex I to Regulation (EC) No 273/2004.
   (16) Although it is currently not known whether red phosphorus is also being diverted from
        the trade between the Union and third countries it is very likely that once the trade in
        that substance on the internal market is placed under control in the context of
        Regulation (EC) No 273/2004, illicit drug manufactures will try to source it through
        the diversion from such extra-Union trade. Consequently, red phosphorus poses a high
        risk of diversion with regard to trade between the Union and third countries and it
        should therefore also be included under category 2 in the Annex to Regulation (EC)
        No 111/2005. This also ensures that the parallelism between the substances included
        in Regulations (EC) No 273/2004 and 111/2005 remains and simplifies the
        implementation of those Regulations by operators and competent authorities.
   (17) Annex II to Regulation (EC) No 273/2004 sets quantitative thresholds on transactions
        involving certain substances carried out over a period of one year. The purpose of that
        Annex is to avoid unduly hampering legitimate trade in those substances in cases
        where it is possible to reduce or eliminate the risk of diversion into illicit channels by
        limiting the restrictions on trade to quantities over a certain threshold. Based on
        available evidence and consultations with the competent authorities of the Member
        States, that threshold for red phosphorus should be set at 0,1 kg.
   (18) It is also appropriate in this context to update the combined nomenclature codes (CN
        codes) in Regulations (EC) No 273/20014 and EC (No) 111/2005 on the basis of the
        latest version of the Combined Nomenclature adopted by Commission Implementing
        Regulation (EU) 2019/17764 and applicable as of 1 January 2020, to ensure the correct
        classification of the scheduled substances.
   (19) As the substance Alpha-phenylacetoacetonitrile is commonly referred to as APAAN
        by competent authorities in the Member States, that abbreviation should be added in
        Annex I to Regulation (EC) No 273/2004 and in the Annex to Regulation (EC) No
        111/2005.
   (20) Regulations (EC) No 273/2004 and (EC) No 111/2005 should therefore be amended
        accordingly.
   (21) Given that there is important lawful production, trade and use of red phosphorus in the
        Union, economic operators and competent authorities should be given sufficient time
        to adapt to the new restrictions concerning that substance introduced by this
        Regulation.
   (22) Regulations (EC) No 273/2004 and EC) No 111/2005 jointly implement certain
        provisions of the 1988 UN Convention. In view of the close material link between
        those two Regulations, it is justified to adopt the amendments by way of one single
        delegated act,
   4
        Commission Implementing Regulation (EU) 2019/1776 of 9 October 2019 amending Annex I to
        Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common
        Customs Tariff (OJ L 280, 31.10.2019, p. 1).
EN                                                   6                                                   EN
 ---pagebreak---    HAS ADOPTED THIS REGULATION:
                                                Article 1
                             Amendments to Regulation (EC) No 273/2004
   Annexes I and II to Regulation (EC) No 273/2004 are amended in accordance with Annex I to
   this Regulation.
                                                Article 2
                             Amendments to Regulation (EC) No 111/2005
   The Annex to Regulation (EC) No 111/2005 is amended in accordance with Annex II to this
   Regulation.
                                                Article 3
                                   Entry into force and application
   This Regulation shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
   Point (1)(b) and point (2) of Annex I and point (2)(b) of Annex II shall apply from … [please
   insert the date that is one month after the date of entry into force of this Regulation].
   This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, 14.7.2020
                                                  For the Commission
                                                  The President
                                                  Ursula VON DER LEYEN
EN                                                  7                                               EN
 ---documentbreak---                           EUROPEAN
                          COMMISSION
                                                    Brussels, 14.7.2020
                                                    C(2020) 4691 final
                                                    ANNEXES 1 to 2
                                       ANNEXES
                                           to the
               COMMISSION DELEGATED REGULATION (EU) …/...
   amending Regulation (EC) No 273/2004 of the European Parliament and of the Council
     and Council Regulation (EC) No 111/2005 as regards the inclusion of certain drug
                      precursors in the list of scheduled substances
EN                                                                                    EN
 ---pagebreak---                                             ANNEX I
Annexes I and II to Regulation (EC) No 273/2004 are amended as follows:
(1) Annex I is amended as follows:
    (a) the table ‘CATEGORY 1’ is amended as follows:
        i) the entry for Alpha-phenylacetoacetonitrile is replaced by the following:
                                               CN designation
                  Substance                                        CN Code          CAS No
                                                 (if different)
‘Alpha-phenylacetoacetonitrile (APAAN)                            2926 40 00    4468-48-8’
        ii) in the entry for (1R,2S)-(-)-chloroephedrine, the CN code ‘2939 99 00’ is replaced
             by ‘2939 79 90’;
        iii) in the entry for (1S,2R)-(+)-chloroephedrine, the CN code ‘2939 99 00’ is
             replaced by ‘2939 79 90’;
        iv) in the entry for (1S,2S)-(+)-chloropseudoephedrine, the CN code ‘2939 99 00’ is
             replaced by ‘2939 79 90’;
        v) in the entry for (1R,2R)-(-)-chloropseudoephedrine, the CN code ‘2939 99 00’ is
             replaced by ‘2939 79 90’;
        vi) the following entries are inserted in the appropriate place sequentially according
             to the CN Code:
                                               CN designation
                  Substance                                        CN Code          CAS No
                                                 (if different)
‘Methyl 3-(1,3-benzodioxol-5-yl)-2-
methyloxirane-2-carboxylate (PMK                                  2932 99 00    13605-48-6
methyl glycidate)
3-(1,3-benzodioxol-5-yl)-2-methyloxirane-
                                                                  2932 99 00    2167189-50-4
2-carboxylic acid (PMK glycidic acid)
Alpha-phenylacetoacetamide (APAA)                                 2924 29 70    4433-77-6
Methyl 2-methyl-3-phenyloxirane-2-
carboxylate                                                       2918 99 90    80532-66-7
(BMK methyl glycidate)
2-methyl-3-phenyloxirane-2-carboxylic
acid                                                              2918 99 90    25547-51-7
 (BMK glycidic acid)
                                                1
 ---pagebreak--- Methyl alpha-phenylacetoacetate (MAPA)                          2918 30 00  16648-44-5’;
    (b) in the table ‘¨SUBCATEGORY 2A’, the following entry is inserted in the appropriate
        place sequentially according to the CN Code:
                                                CN designation
                  Substance                                      CN Code       CAS No.
                                                 (if different)
‘Red phosphorus                                                 2804 70 00  7723-14-0’;
    (c) in the entry for Anthranilic acid in the table ‘SUBCATEGORY 2B’, the CN code
        ‘2922 43 00’ is replaced by ‘ex2922 43 00’;
    (d) in the entry for Sulphuric acid in the table ‘CATEGORY 3’, the CN code ‘2807 00
        10’ is replaced by ‘2807 00 00’;
(2) in the table in Annex II, the following entry is added:
                  Substance                                     Threshold
‘Red phosphorus                                0,1 kg’
                                                2
 ---pagebreak---                                            ANNEX II
The Annex to Regulation (EC) No 111/2005 is amended as follows:
    (1) the table ‘CATEGORY 1’ is amended as follows:
        (a) the entry for Alpha-phenylacetoacetonitrile is replaced by the following:
                                                CN designation
                 Substance                                           CN Code          CAS No
                                                  (if different)
‘Alpha-phenylacetoacetonitrile (APAAN)                              2926 40 00     4468-48-8’
        (b) in the entry for (1R,2S)-(-)-chloroephedrine, the CN code ‘2939 99 00’ is replaced
            by ‘2939 79 90’;
        (c) in the entry for (1S,2R)-(+)-chloroephedrine, the CN code ‘2939 99 00’ is
            replaced by ‘2939 79 90’;
        (d) in the entry for (1S,2S)-(+)-chloropseudoephedrine, the CN code ‘2939 99 00’ is
            replaced by ‘2939 79 90’;
        (e) in the entry for (1R,2R)-(-)-chloropseudoephedrine, the CN code ‘2939 99 00’ is
            replaced by ‘2939 79 90’;
        (f) the following entries are inserted in the appropriate place sequentially according to
            the CN Code:
                                                CN designation
                 Substance                                           CN Code          CAS No
                                                  (if different)
‘Methyl 3-(1,3-benzodioxol-5-yl)-2-                                 2932 99 00     13605-48-6
methyloxirane-2-carboxylate (PMK
methyl glycidate)
3-(1,3-benzodioxol-5-yl)-2-methyloxirane-                           2932 99 00     2167189-50-4
2-carboxylic acid (PMK glycidic acid)
Alpha-phenylacetoacetamide (APAA)                                   2924 29 70     4433-77-6
Methyl 2-methyl-3-phenyloxirane-2-                                  2918 99 90     80532-66-7
carboxylate
(BMK methyl glycidate)
2-methyl-3-phenyloxirane-2-carboxylic                               2918 99 90     25547-51-7
acid
 (BMK glycidic acid)
Methyl alpha-phenylacetoacetate (MAPA)                              2918 30 00     16648-44-5’;
                                                 3
 ---pagebreak---  (2) the table ‘Category 2’ is amended as follows:
     (a) in the entry for Anthranilic acid in, the CN code ‘2922 43 00’ is replaced by ‘ex2922
         43 00’;
     (b) the following entry is inserted in the appropriate place sequentially according to the
         CN Code:
                                                 CN designation
                  Substance                                         CN Code         CAS No.
                                                   (if different)
'Red phosphorus                                                    2804 70 00    7723-14-0';
 (3) in the entry for Sulphuric acid in the table ‘Category 3’, the CN code ‘2807 00 10’ is
     replaced by ‘2807 00 00’;
 (4) the table ‘Category 4’ is amended as follows:
     (a) in the entry for medicinal products and veterinary medicinal products containing
         ephedrine or its salts, the CN code ‘3003 40 20’ is replaced by ‘3003 41 00’ and the
         CN code ‘3004 40 20’ is replaced by ‘3004 41 00’;
     (b) in the entry for medicinal products and veterinary medicinal products containing
         pseudoephedrine or its salts, the CN code ‘3003 40 30’ is replaced by ‘3003 42 00’
         and the CN code ‘3004 40 30’ is replaced by ‘3004 42 00’.
                                                  4