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Council Regulation (EC) No 111/2005Show full title

Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Union and third countries in drug precursors

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[F1CHAPTER IIU.K.MONITORING OF TRADE

SECTION 1U.K.Documentation and labelling

Article 3U.K.

[F2All imports, exports or intermediary activities involving scheduled substances, with the exception of substances listed in Category 4 of the Annex, shall be documented by the operator by way of customs and commercial documents, such as summary declarations, customs declarations, invoices, cargo manifests, transport and other shipping documents.]

Those documents shall contain the following information:

(a)

the name of the scheduled substance as stated in the Annex, or, in the case of a mixture or a natural product, its name and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product, followed by the term ‘DRUG PRECURSORS’;

(b)

the quantity and weight of the scheduled substance and, in the case of a mixture or a natural product, the quantity, weight, and, if available, the percentage of any scheduled substance contained therein; and

(c)

the names and addresses of the exporter, the importer, the ultimate consignee and, where applicable, the person involved in the intermediary activities.

Textual Amendments

Article 4U.K.

The documentation referred to in Article 3 shall be kept by the operators for a period of three years from the end of the calendar year in which the operation took place. The documentation shall be organised in such a way, electronically or in paper form, that it is readily available for inspection by the competent authorities upon request. The documentation may be provided via image medium or other data medium, provided that the data, when made readable, match the documentation in appearance and content, are available at all times, can be made readable without delay and can be analysed by automated means.

[F2Article 5U.K.

Operators shall ensure that labels are affixed on any packaging containing scheduled substances, except substances listed in Category 4 of the Annex, indicating their name as stated in the Annex, or, in the case of a mixture or a natural product, its name and the name of any scheduled substance, except substances listed in Category 4 of the Annex, as stated in the Annex, contained in the mixture or in the natural product. Operators may, in addition, affix their customary labels.]

Textual Amendments

SECTION 2U.K.Licensing and registration of operators

Article 6U.K.

[F21.Unless otherwise provided, operators established in [F3Great Britain], other than customs agents and transporters when acting solely in that capacity, engaged in import, export or intermediary activities involving scheduled substances listed in Category 1 of the Annex, shall hold a licence. The competent authority F4... shall issue the licence.

In considering whether to grant a licence, the competent authority shall take into account the competence and integrity of the applicant, in particular the absence of any serious infringement or repeated infringements of legislation in the field of drug precursors and the absence of a record of any serious criminal offence.

[F5The Secretary of State may make regulations] to set out the conditions for granting licences and for determining cases where a licence is not required.]

2.The licence may be suspended or revoked by the competent authorities whenever the conditions under which the licence was issued are no longer fulfilled or where there are reasonable grounds for suspecting that there is a risk of diversion of scheduled substances.

[F63.The Secretary of State must prescribe by regulations a model for licences.]

Textual Amendments

[F2Article 7U.K.

1.Unless otherwise provided, operators established in [F7Great Britain], other than customs agents and transporters when acting solely in that capacity, engaged in import, export or intermediary activities involving scheduled substances listed in Category 2 of the Annex, or in the export of scheduled substances listed in Category 3 of the Annex, shall hold a registration. The competent authority F8... shall issue the registration.

In considering whether to grant a registration, the competent authority shall take into account the competence and integrity of the applicant, in particular the absence of any serious infringement or repeated infringements of legislation in the field of drug precursors and the absence of a record of any serious criminal offence.

[F9The Secretary of State may make regulations] to set out the conditions for granting registrations and for determining cases where a registration is not required.

2.The competent authority may suspend or revoke the registration where the conditions under which the registration was issued are no longer fulfilled or where there are reasonable grounds for suspecting that there is a risk of diversion of scheduled substances.]

Textual Amendments

[F2Article 8U.K.

1.When the scheduled substances are entered into [F10Great Britain] for unloading or transhipment, for temporary storage, for their storage in a free zone F11..., or for their placing under the external Union transit procedure, the licit purposes must be demonstrated by the operator, upon request by the competent authorities.

2.[F12The Secretary of State may make regulations] to establish the criteria to determine how the licit purposes of the transaction may be demonstrated, in order to ensure that all movements of scheduled substances within [F13Great Britain] can be monitored by the competent authorities and the risk of diversion be minimised.]

Textual Amendments

SECTION 3U.K.Provision of information

[F2Article 9U.K.

1.Operators established in [F14Great Britain] shall notify the competent authorities immediately of any circumstances, such as unusual orders and transactions involving scheduled substances, which suggest that such substances intended for import, export or intermediary activities might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances.

To that end, operators shall provide any available information, such as:

(a)the name of the scheduled substance;

(b)the quantity and weight of the scheduled substance;

(c)the names and addresses of the exporter, the importer, the ultimate consignee and, where applicable, the person involved in the intermediary activities.

That information shall only be collected for the purposes of preventing the diversion of scheduled substances.

2.Operators shall provide the competent authorities with information in summary form about their export, import or intermediary activities.

[F15The Secretary of State may set out] the information that is required by the competent authorities in order to allow them to monitor those activities.

F16...]

Textual Amendments

Article 10U.K.

[F171.In order to facilitate cooperation between the competent authorities, operators established in [F18Great Britain] and the chemical industry, in particular as regards non-scheduled substances, the Secretary of State must draw up and update guidelines.]

2.These guidelines shall provide, in particular:

(a)information on how to identify and notify suspect transactions;

(b)a regularly updated list of non-scheduled substances to enable the industry to monitor on a voluntary basis the trade in such substances.

3.The competent authorities shall ensure that the guidelines are regularly disseminated in accordance with the objectives of these guidelines.

[F194.In order to respond rapidly to new diversion trends, [F20the Secretary of State may] add a non-scheduled substance to the list referred to in paragraph 2(b) in order to temporarily monitor its trade. Detailed arrangements and criteria for the inclusion or deletion from that list shall be specified in the guidelines referred to in paragraph 1.

5.If voluntary monitoring by the industry is considered insufficient to prevent the use of a non-scheduled substance for the illicit manufacture of narcotic drugs or psychotropic substances, the [F21Secretary of State may by regulations] add the non-scheduled substance to the Annex F22....]

Textual Amendments

SECTION 4U.K.Pre-export notification

Article 11U.K.

[F21.All exports of scheduled substances listed in Categories 1 and 4 of the Annex and exports of scheduled substances listed in Categories 2 and 3 of the Annex to certain countries of destination shall be preceded by a pre-export notification sent from the competent authorities F23... to the competent authorities of the country of destination [F24or Northern Ireland], in accordance with Article 12(10) of the United Nations Convention. [F25The Secretary of State may make regulations] determine the lists of the countries of destination [F26which may include Northern Ireland,] for export of scheduled substances listed in Categories 2 and 3 of the Annex in order to minimise the risk of diversion of scheduled substances.]

The country of destination [F24or Northern Ireland] shall be allowed a period of 15 working days to reply, at the end of which the export operation may be authorised by the competent authorities F27..., if no advice from the competent authorities of the country of destination is received indicating that this export operation might be intended for the illicit manufacture of narcotic drugs or psychotropic substances.

2.In the case of the scheduled substances to be notified in accordance with paragraph 1, the competent authorities F28... shall, prior to the export of such substances, supply the information specified in Article 13(1) to the competent authorities of the country of destination.

The [F29Secretary of State] supplying such information shall require the authority in the third country [F30or Northern Ireland] receiving the information to keep confidential any trade, business, commercial or professional secret or any trade process referred to therein.

[F23.Simplified pre-export notification procedures may be applied by the competent authorities where they are satisfied that this will not result in any risk of diversion of scheduled substances. [F31The Secretary of State may make regulations] to determine such procedures and to establish the common criteria to be applied by the competent authorities.]

Textual Amendments

SECTION 5U.K.Export authorisation

Article 12U.K.

1.Exports of scheduled substances that require a customs declaration, including exports of scheduled substances leaving [F32Great Britain] following their storage [F33under a special customs procedure] for a period of at least 10 days, shall be subject to an export authorisation.

Where scheduled substances are re-exported within 10 days from the date of their placing into a [F34special customs procedure] an export authorisation shall not be required.

[F2However, exports of scheduled substances listed in Category 3 of the Annex shall only be subject to an export authorisation where pre-export notifications are required.]

2.Export authorisations shall be issued by the competent authorities F35....

Textual Amendments

Article 13U.K.

1.The application for export authorisations referred to in Article 12 shall contain at least the following:

(a)the names and addresses of the exporter, the importer in the third country [F36or Northern Ireland], any other operator involved in the export operation or shipment, and the ultimate consignee;

(b)the name of the scheduled substance as stated in the Annex or, in the case of a mixture or a natural product, its name and eight-digit CN code and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product;

(c)the quantity and weight of the scheduled substance and, in the case of a mixture or a natural product, the quantity, weight, and, if available, the percentage of any scheduled substance contained therein;

(d)details of the transport arrangements, such as the expected date of dispatch, method of transport, name of the customs office where the customs declaration is to be made and, where available at this stage, identification of the means of transport, itinerary, expected point of exit from [F37Great Britain] and the point of entry into the importing country [F38or Northern Ireland];

(e)in the cases referred to in Article 17, a copy of the import authorisation issued by the country of destination [F39or Northern Ireland]; and

(f)the number of the licence or registration referred to in Articles 6 and 7.

[F19An application for an export authorisation for exports of scheduled substances listed in Category 4 of the Annex shall contain the information set out in points (a) to (e) of the first subparagraph.]

2.A decision on the application for an export authorisation shall be taken within a period of 15 working days from the date on which the competent authority considers the file to be complete.

That period shall be extended if, in the cases referred to in Article 17, the competent authorities are obliged to make further enquiries under the second subparagraph of that Article.

Textual Amendments

Article 14U.K.

1.If the details of the itinerary and means of transport are not provided in the application, the export authorisation shall state that the operator must supply those details to the customs office of exit or other competent authorities at the point of exit from [F40Great Britain] before the physical departure of the consignment. In such cases the export authorisation shall be annotated accordingly at the time of issue.

F41...

2.The export authorisation shall be presented to the customs office when the customs declaration is made, or in the absence of a customs declaration, at the customs office of exit or other competent authorities at the point of exit from [F40Great Britain]. The authorisation shall accompany the consignment to the third country of destination [F42or Northern Ireland].

The customs office of exit or other competent authorities at the point of exit from [F40Great Britain] shall insert the necessary details referred to in Article 13(1)(d) in the authorisation and affix its stamp thereon.

Textual Amendments

Article 15U.K.

Without prejudice to measures adopted in accordance with Article 26(3), the granting of the export authorisation shall be refused if:

(a)

details supplied in accordance with Article 13(1) are incomplete;

(b)

there are reasonable grounds for suspecting that the details supplied in accordance with Article 13(1) are false or incorrect;

(c)

in the cases referred to in Article 17, it is established that the import of the scheduled substances has not been authorised by the competent authorities of the country of destination [F43or Northern Ireland], or

(d)

there are reasonable grounds for suspecting that the substances in question are intended for the illicit manufacture of narcotic drugs or psychotropic substances.

Textual Amendments

Article 16U.K.

The competent authorities may suspend or revoke an export authorisation whenever there are reasonable grounds for suspecting that the substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.

[F44Article 17U.K.

Whenever, under an agreement between the United Kingdom and a third country, exports are not to be authorised unless an import authorisation has been issued by the competent authorities of that third country [F45or the competent authorities of Northern Ireland] for the substances in question, the competent authorities in [F46Great Britain] shall satisfy themselves as to the authenticity of such import authorisation, if necessary by requesting confirmation from the competent authority of the third country [F45or the competent authorities of Northern Ireland].]

Textual Amendments

Article 18U.K.

The period of validity of the export authorisation within which the goods must have left [F47Great Britain] shall not exceed six months from the date of issue of the export authorisation. Under exceptional circumstances, the period of validity may be extended, upon request.

Textual Amendments

[F2Article 19U.K.

Simplified procedures to grant an export authorisation may be applied by the competent authorities where they are satisfied that this will not result in any risk of diversion of scheduled substances. [F48The Secretary of State may] determine such procedures and to establish the common criteria to be applied by the competent authorities.]

Textual Amendments

SECTION 6U.K.Import authorisation

Article 20U.K.

Imports of scheduled substances listed in Category 1 of the Annex shall be subject to an import authorisation. An import authorisation may only be granted to an operator established in [F49Great Britain]. The import authorisation shall be issued by the competent authorities F50....

[F2However, where the substances referred to in the first paragraph are unloaded or transhipped, under temporary storage, [F51or] stored in a free zone F52..., such import authorisation shall not be required.]

Textual Amendments

Article 21U.K.

1.The application for the import authorisations referred to in Article 20 shall contain at least the following:

(a)the names and addresses of the importer, the exporter of the third country [F53or Northern Ireland], any other operator involved and the ultimate consignee;

(b)the name of the scheduled substance as stated in the Annex or, in the case of a mixture or a natural product, its name and the eight-digit CN code and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product;

(c)the quantity and weight of the scheduled substance and, in the case of a mixture or a natural product, the quantity, weight, and, if available, the percentage of any scheduled substance contained therein;

(d)if available, details of the transport arrangements, such as methods and means of transport, and date and place of envisaged import activities, and

(e)the number of the licence or registration referred to in Articles 6 and 7.

2.A decision on the application for an import authorisation shall be taken within a period of 15 working days from the date on which the competent authority considers the file to be complete.

Textual Amendments

Article 22U.K.

The import authorisation shall accompany the consignment from the point of entry into [F54Great Britain.] to the premises of the importer or ultimate consignee.

The import authorisation shall be presented to the customs office when the scheduled substances are declared for a customs procedure.

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 23U.K.

Without prejudice to measures adopted in accordance with Article 26(3), the granting of the import authorisation shall be refused if:

(a)

details supplied in accordance with Article 21(1) are incomplete;

(b)

there are reasonable grounds for suspecting that the details supplied in accordance with Article 21(1) in the application are false or incorrect, or

(c)

there are reasonable grounds for suspecting that the scheduled substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.

Article 24U.K.

The competent authorities may suspend or revoke the import authorisation whenever there are reasonable grounds for suspecting that the substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.

Article 25U.K.

The period of validity of the import authorisation within which the scheduled substances must have been entered into [F56Great Britain] shall not exceed six months from the date of issue of the import authorisation. Under exceptional circumstances, the period of validity may be extended, upon request.]

Textual Amendments

Textual Amendments

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