The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019

Amendment of Regulation (EC) 273/2004 of the European Parliament and Council U.K.

13.—(1) Council Regulation (EC) 273/2004 on drug precursors is amended as follows.

(2) In Article 1 (scope and objectives) for “for the intra-Union” substitute “ in the United Kingdom for the ”.

(3) In Article 2 (definitions)—

(a) in point (a), in the definition of “scheduled substance”, for all the words after “economically viable means” to the end of the definition substitute “ medicinal products as defined in regulation 2 (medicinal products) of the Human Medicines Regulations 2012 M1 and veterinary medicinal products as defined in regulation 2 of the Veterinary Medicines Regulations 2013 M2 . ”;

(b) in point (c), for “Union” in both places substitute “ United Kingdom ”.

(4) In Article 3 (requirements for the placing on the market of scheduled substances)—

(a) in paragraph 2, omit “of the Member State in which they are established”;

(b) in paragraph 6, omit “of the Member State in which they are established” in both places;

(c) omit paragraph 7;

(d) in paragraph 8—

(i) for “The Commission shall be empowered to adopt delegated acts in accordance with Article 15a concerning” substitute “ The Secretary of State may prescribe by regulations ”;

(ii) omit sub-paragraph (c).

(5) In Article 4 (customer declaration)—

(a) in paragraph 1, for “Union” substitute “ United Kingdom ”;

(b) in paragraph 3, for “Union” substitute “ United Kingdom ”;

(c) for paragraph 4, substitute—

“4.   The Secretary of State may prescribe by regulations requirements and conditions for obtaining and using customer declarations.”.

(6) In Article 5 (documentation), for paragraph 7 substitute—

“7.   The Secretary of State may prescribe by regulations requirements and conditions for the documentation of mixtures containing scheduled substances.”.

(7) For the second unnumbered paragraph of Article 7 (labelling), substitute—

“The Secretary of State may prescribe by regulations requirements and conditions for the labelling of mixtures containing scheduled substances.”.

(8) In Article 8 (notification of the competent authorities), for paragraph 3 substitute—

“3.   The Secretary of State may prescribe by regulations the requirements and conditions for operators to provide information as referred to in paragraph 2 of this Article including, where relevant, the categories of personal data to be processed for that purpose and the safeguards for processing such personal data.”.

(9) In Article 9 (guidelines), in paragraph 1 for “The Commission shall” substitute “ The Secretary of State must ”.

(10) Omit Articles 10 (powers and obligations of competent authorities), 11 (cooperation between the Member States and the Commission) and 12 (penalties).

(11) For Article 13 (communications from Member States) substitute—

“Article 13 U.K. Report to International Narcotics Control Board

1.   To permit the necessary adjustments to the arrangements for monitoring trade in scheduled substances and non-scheduled substances, the Secretary of State must draw up a report annually summarising all relevant information on the implementation of the monitoring measures laid down in this Regulation, in particular as regards the substances used for the illicit manufacture of narcotic drugs or psychotropic substances and methods of diversion and illicit manufacture, and their licit trade.

2.   The report mentioned in paragraph 1 must be submitted by the Secretary of State to the International Narcotics Control Board in accordance with article 12(12) of the United Nationals Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988.”.

(12) Omit Article 13a (European database on drug precursors).

(13) In Article 13b (data protection)—

(a) omit paragraph 1;

(b) in paragraph 2, for “Without prejudice to Article 13 of Directive 95/46/EC” substitute “ Without prejudice to the Data Protection Act 2018 M3 ”;

(c) omit paragraphs 3 and 4.

(14) Omit Articles 14 (implementing acts) and 14a (committee procedure).

(15) In Article 15 (adaptation of annexes), for “The Commission shall be empowered to adopt delegated acts in accordance with Article 15a in order to adapt” substitute “ The Secretary of State may make regulations to amend ”.

(16) For Article 15a (exercise of the delegation) substitute—

“Article 15a U.K. Regulations

1.   A power of the Secretary of State to make regulations under this Regulation is to be exercised by statutory instrument which may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2.   Regulations may make different provision for different purposes and may include such incidental, supplemental, consequential, transitional, transitory or saving provision as the Secretary of State considers appropriate.”.

(17) Omit Article 16 (information about measures adopted by Member States).

(18) In Article 18 (entry into force), omit the second unnumbered paragraph.

Commencement Information

I1 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.I. 2012/1916.

M2 S.I. 2013/2033.

M3 2018 c. 12.