(This note is not part of the Regulations)
These Regulations, subject to one exception referred to below,implement Council Regulation (EEC) 3677/90 (“the Community Regulation”). The Community Regulation requires Member States to adopt withinthe framework of their domestic law the measures necessary to enable thecompetent authorities (in the United Kingdom, this phrase refers to theSecretary of State)to obtain information on any orders for or operations involvingscheduled substances (substances useful for the manufacture ofcontrolled drugs)and to enter operators' business premises to obtain evidence ofirregularities. It also requires Member States to determine thepenalties to be applied for infringement of the provisions of theCommunity Regulation.
The Community Regulation itself provides for the documentation,recording and labelling of scheduled substances. It also requires thatthe proposed exportation of certain scheduled substances is notified tothe competent authorities in advance of such exportation.
These Regulations provide that requirements of the CommunityRegulation are to be treated as if they were requirements ofregulations made under section 13(1) of the Criminal Justice (InternationalCo-operation) Act 1990 (“the 1990 Act”). Section 23 of the 1990 Act provides for rights of entry andsearch of premises in order to investigate suspected breaches ofregulations made under section 13(1) of that Act. The 1990 Act alsoprovides for penalties for breaches of such Regulations. TheseRegulations therefore enable breaches of the Community Regulation to beinvestigated and penalised within the framework of the 1990 Act, exceptthat the penalties for breaches of the Community Regulation are incertain respects lower than those provided for under the 1990 Act.
Regulation 7 of these Regulations does not implement the CommunityRegulation and is made under section 13(1) of the 1990 Act alone. Itprovides for the recording of the production and supply of scheduledsubstances. The penalty for breach of this regulation is that providedfor under the 1990 Act.