Legal provisions of COM(2001)44 - Amendment of Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances

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dossier COM(2001)44 - Amendment of Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances ...
document COM(2001)44 EN
date June  5, 2001


Contents

Article 1

Regulation (EEC) No 3677/90 is amended as follows:

1. In Article 1(2), point (a) shall be replaced by the following: "(a) scheduled substance means any substance listed in the Annex, including mixtures and natural products containing such substances. This excludes medicines, pharmaceutical preparations, mixtures, natural products or other preparations containing scheduled substances that are compounded in such a way that such substances cannot be easily used or recovered by readily applicable or economically viable means;";

2. The following Article shall be inserted: "Article 3a

Guidelines

1. In order to facilitate the cooperation referred to in Article 3 and to extend it to cover non-scheduled substances commonly used in the illicit manufacture of narcotic drugs and psychotropic substances, the Commission shall, acting in accordance with the procedure referred to in Article 10(2), draw up and update guidelines to assist the chemical industry.

2. The guidelines shall provide, in particular:

(a) information on how to recognise and notify suspect transactions;

(b) a regularly updated list of non-scheduled substances commonly used in the illicit manufacture of narcotic drugs and psychotropic substances, to enable the industry to monitor on a voluntary basis the trade in such substances;

(c) other information which may be deemed useful.

3. The Member States shall ensure that the guidelines and the list referred to in paragraph 2(b) are regularly disseminated in a manner deemed appropriate by the competent authorities in line with the objectives of the guidelines.";

3. Article 10 shall be replaced by the following: "Article 10

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down for in Article 4(3) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure."

4. The following Article shall be inserted: "Article 10a

The measures necessary for the implementation of this Regulation shall be adopted in accordance with the procedure referred to in Article 10(2).

This procedure shall be followed, in particular, for:

(a) the determination of the quantities of the scheduled substances listed in Category 3 and the identification of mixtures containing scheduled substances listed in Category 3 pursuant to the second subparagraph of Article 2a(2);

(b) the identification of countries and substances pursuant to Article 5(2);

(c) the adoption of export authorisation requirements pursuant to Article 5a (1)(b) whenever there is no agreement with the third country in question;

(d) the adoption of the model export authorisation form referred to in Article 4, as well as the detailed rules concerning its use and the detailed rules for implementation of the open individual authorisation system referred to in Articles 5 and 5a;

(e) the amendment of the Annex to this Regulation in cases where the tables in the Annex to the United Nations Convention are themselves amended."

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.


This Regulation shall be binding in its entirety and directly applicable in all Member States.