2005 laying down rules for the monitoring of trade between the EC and third countries in drug precursors - Main contents

Summary of Legislation
Legislative text

1. Summary of Legislation

Monitoring trade in drug precursors between the EU and non-EU countries

SUMMARY OF:

Regulation (EU) No 1259/2013 — rules on monitoring trade in drug precursors between the EU and the rest of the world

WHAT IS THE AIM OF THE REGULATION?

It strengthens EU rules, originally adopted in 2005 (Regulation (EC) No 111/2005), on the trade with non-EU countries of certain chemical substances that can be used for making illegal synthetic drugs.

KEY POINTS

Drug precursors are chemical substances widely and legally used in medicines, cosmetics, perfumes and other consumer products. However, they can be misused for the illicit manufacture of illegal drugs, such as heroin, cocaine and methamphetamines.

Regulation (EC) No 111/2005 laid down rules for monitoring imports, exports and the transit of drug precursors between the European Union and non-EU countries, implementing Article 12 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

To address certain shortcomings in the legislation, Regulation (EU) No 1259/2013 introduced stricter requirements on:

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medicines containing ephedrine and pseudoephedrine*: while legitimate trade in these medicines should not be impeded, stricter measures are needed to prevent their diversion to illicit drug manufacturing (in particular methamphetamine production). Their export must be preceded by an export authorisation and a pre-export notification;
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non-scheduled substances*: importing these substances into or exporting them from the EU may be prohibited when there is sufficient evidence that they are intended for illegal drug manufacture.To respond rapidly to new diversion trends, EU countries’ competent authorities and the European Commission may propose adding a substance to a regularly updated list of non-scheduled substances. This enables the industry to monitor their trade.

To improve cooperation and information sharing between the EU countries’ national authorities, a European database on drug precursors has been set up (under Regulation (EC) No 273/2004 on trade within the EU of drug precursors). This database includes, among other things, a register of EU licensed or registered operators and end-users legally trading or using drug precursors.

Regulation (EC) No 111/2005 was further amended in 2015 by Delegated Regulation (EU) 2015/1011. It lays down rules such as:

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the conditions for granting licences and registrations to businesses dealing in drug precursors;
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the cases — such as pharmacies and dispensaries of veterinary medicines — where licences and registration are not required;
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the criteria used to determine the legal purposes of a trade transaction;
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the information that businesses must supply to the competent authorities when they export or import the chemical substances.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 10 December 2013.

BACKGROUND

For more information, see:

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Drug precursors control (European Commission).

KEY TERMS

Ephedrine and pseudoephedrine: strong nasal-decongestants used in medicines for flu and allergies.

Non-scheduled substances: substances which, although not listed in the annex of Regulation (EC) No 111/2005, is identified as having been used for the illicit manufacture of narcotic drugs or psychotropic substances.

MAIN DOCUMENT

Regulation (EU) No 1259/2013 of the European Parliament and of the Council of 20 November 2013 amending Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ L 330, 10.12.2013, pp. 30-38)

Contents

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Summary of Legislation

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Legislative text