Explanatory Memorandum to 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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This page contains a limited version of this dossier in the EU Monitor.

1. Council Regulation (EEC) No 3677/90 of 13 December 1990 lays down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.

2. The measures applicable to sassafras oil are currently interpreted in different ways in the Community, since it is regarded as a mixture containing safrole and is therefore controlled in some Member States, while other Member States regard it as a natural product not subject to controls. Inserting a reference to natural products in the definition of 'scheduled substance' resolves this discrepancy and therefore allows controls to be applied to sassafras oil, but only natural products from which scheduled substances can be easily extracted are covered by the definition.

3. Further provision should be made for drawing up guidelines to underpin cooperation between the authorities of the Member States and the chemical industry with regard to substances which, although not covered by the rules on precursors, may be used in the illicit manufacture of synthetic drugs. The establishment of a cooperation procedure is foreseen in the European Union's anti-drug action plan, approved by the Santa Maria da Feira European Council on 19 and 20 June 2000.

4. In amending the Council Regulation, due account should be taken of the provisions of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.

5. The Council is requested to approve the proposal for amendment of Regulation (EEC) No 3677/90.