Explanatory Memorandum to COM(2002)494 - Drug precursors - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2002)494 - Drug precursors. |
|---|---|
| source | COM(2002)494  |
| date | 10-09-2002 |
An effective control of the chemicals used in the illegal production of narcotic drugs and psychotropic substances has proved to be one of the most efficient weapons against drug trafficking. As is very often said: there are no drugs without precursors. However, in the majority of cases, precursors are chemical products that also have legal and legitimate uses. Legitimate trade of these substances should therefore be recognised and protected.
In this context, the European Community has adopted two legal instruments laying down the measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances. Council Regulation (EEC) No 3677/90 i aims at surveillance of the trade in precursors between the Member States and third countries while Directive 92/109/EEC i does the same regarding the internal market.
In January 1998 the Commission adopted a proposal for the amendment i of Directive 92/109/EEC, hereinafter referred to as 'the Directive'. In its first reading, Parliament supported the Commission initiative and proposed five amendments i. The Commission reacted to the Parliament's opinion (first reading) by adopting an amended proposal i. The Council has not yet taken any decision on the proposal.
2. Objectives of the Commission proposal
Article 12 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention) provides for control measures for trade in twenty-three substances which, while also having numerous licit uses, are frequently diverted for use in the clandestine manufacture of narcotic drugs and psychotropic substances. In accordance with the Convention, the manufacture and placing on the Community market of such substances are subject to strict surveillance, in particular pursuant to Directive 92/109/EEC.
By transforming the current Directive into a Regulation the Commission aims mainly at simplifying the legislation and thus making it more user-friendly. This becomes especially important in the context of the on-going process of enlargement of the European Union where each modification of the Directive and its annexes would have triggered national implementation measures in some twenty-five Member States.
Furthermore, it should be stressed that the above-mentioned Regulation (EEC) No 3677/90 has the same basic objectives as the Directive. Whereas the Regulation concerns the trade of substances between the European Community and third countries, the Directive deals with drug precursors in the Internal Market. This results in an uneven application of the two instruments because a modification of the Regulation's annexes will be applicable simultaneously in all Member States within a few days from publication i, while the corresponding modification of the Directive's annexes is subject to a transposition period that most Member States are unable to meet i. In practice, delays of up to forty-two months have occurred in the past before the modifying directives were fully transposed into national law. The result is that the controls on newly identified drug precursors in the Internal Market lacked efficiency. A continuation of this situation cannot be justified and a uniform application of Community law in this area is needed to avoid any diversion of drug precursors into the production of illegal drugs.
The Commission has therefore decided to withdraw the proposal for an amendment of Directive 92/109/EEC. The Regulation now proposed would better ensure that the provisions are directly applied by economic operators and that harmonised measures are implemented in all Member States at the same time. It would permit the legitimate use of the affected chemical substances to be monitored and would avoid their diversion to the manufacture of illegal drugs. It will also ensure that the implementation of this new instrument is as rapid as that of Regulation 3677/90.
3. Content of the Commission proposal
The aim of the new Regulation is to establish harmonised measures of control and monitoring of certain chemical substances frequently used in the manufacture of illegal narcotic drugs. The new Regulation will prevent barriers to the free trade of these substances between Member States. In order to achieve this aim, the proposed Regulation contains rules on licensing, customer declarations, labelling and a monitoring procedure.
In addition, the Commission proposes that the new Regulation should take account of the changeable nature of the illicit manufacture of narcotic drugs and to align it with the already published amendments to Regulation (EEC) No 3677/90.
A further improvement to the current situation will be to oblige the Member States to distribute to economic operators information on how to recognise and notify suspect transactions so that economic operators inform the competent authorities of suspect transactions involving substances not currently mentioned in the Directive but which are nevertheless frequently used to manufacture synthetic drugs. This co-operative approach has already been tried and tested in a number of Member States (France, Germany, Austria, United Kingdom, The Netherlands). The Commission, assisted by the Committee referred to in Article 15 of the new Regulation, will be responsible for drawing up and constantly updating the lists of products which are to be subject to such surveillance. These lists will be distributed to economic operators by the Member States.
The Commission takes this opportunity to define more clearly what it means by a 'scheduled substance', since the measures applicable to Sassafras Oil are currently interpreted in different ways in the Community. In some Member States it is regarded as a mixture containing Safrole, and is therefore controlled, 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; only natural products from which scheduled substances can be easily extracted are covered by the definition.
The Commission also proposes to define 'non-scheduled substances' in conformity with Article 12(12)b of the United Nations Convention.
As a final point, the Commission considers this a good opportunity to take into account the revision of the classification for Potassium Permanganate. The Committee referred to in Article 15 of the new Regulation, has considered that this chemical gives rise to particular concern. The Committee has recommended the classification of Potassium Permanganate in category 2 of Annex I. Thresholds have been set up for Potassium Permanganate as well as for Acetic Anhydride to ensure that internal trade of these products will not be negatively affected.