Regulation 2001/1116 - 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 - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2001/1116
Original proposal	COM(2001)44
CELEX number i	32001R1116

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Council Regulation (EC) No 1116/2001 of 5 June 2001 amending 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

Official Journal L 153 , 08/06/2001 P. 0004 - 0005

Council Regulation (EC) No 1116/2001

of 5 June 2001

amending 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

• (1) 

  Regulation (EEC) No 3677/90(1) 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 should resolve this discrepancy and therefore allow controls to be applied to sassafras oil. Only natural products from which scheduled substances can be easily extracted should be covered by the definition.

• (3) 

  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. To underpin cooperation between the authorities of the Member States and the chemical industry, in particular as regards substances which, although not covered by the rules on precursors, may be used in the illicit manufacture of synthetic drugs, the Commission should be given responsibility for drawing up guidelines to assist that industry.

• (4) 

  The provisions of Regulation (EEC) No 3677/90 concerning the committee procedure should be amended to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2).

• (5) 

  Regulation (EEC) No 3677/90 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

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...

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