2026 No. 607
RETAINED EU LAW REFORM
DANGEROUS DRUGS

The Controlled Drugs (Drug Precursors) (Amendment and Revocation) Regulations 2026

Made
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(2), (3), (4)(a), (b), (c) and (e) and (7) and 20(1)(a) of the Retained EU Law (Revocation and Reform) Act 20231(“the 2023 Act”).
The Secretary of State is a relevant national authority2 for the purposes of section 14(2) and (3) of the 2023 Act.

In accordance with paragraph 5(1) of Schedule 5 to the 2023 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Controlled Drugs (Drug Precursors) (Amendment and Revocation) Regulations 2026 and come into force 21 days after the day on which they are made.

(2)

Subject to paragraphs (3) and (4), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(3)

Regulations 5 to 8 extend to England and Wales, and Scotland only.

(4)

Regulation 9 and the Schedule extend to Northern Ireland only.

Amendment of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 20082.

(1)

The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 20083 are amended as follows.

(2)

In regulation 2 (interpretation) for the definition of “the Community Regulation” substitute—

““the Community Regulation” means—

(a)

in respect of Northern Ireland, Regulation (EC) No. 273/2004 of the European Parliament and of the Council dated 11th February 20044 as it has effect in EU law, or

(b)

in respect of Great Britain, Regulation (EC) No. 273/2004 of the European Parliament and of the Council dated 11th February 20045.”.

(3)

In regulation 3 (competent authorities)—

(a)

in paragraph (1) for “(4)” substitute “(4A)”;

(b)

after paragraph (4) insert—

“(4A)

In respect of Northern Ireland, in Article 10 of the Community Regulation, any of the following—

(a)

a constable;

(b)

an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 20056 (appointments of staff) or other person authorised by the Commissioners for His Majesty’s Revenue and Customs;

(c)

a person authorised for the purposes of these Regulations by the Director General of the National Crime Agency;

(d)

the Secretary of State.”.

(4)

In regulation 5 (special licences) in paragraph 3—

(a)

in sub-paragraph (a) omit “or 4”;

(b)

in sub-paragraph (e)(iii)—

(i)

after “the National Health Service Act 1977” insert “, the Health and Personal Social Services (Northern Ireland) Order 19727;

(ii)

after “under those Acts” insert “or that Order”.

(5)

In regulation 6 (penalties) in paragraph (1) omit “and as if references in those Articles to scheduled substances are references to scheduled substances within the meaning of Part 2 of that Act”.

Amendment of the Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 20083.

(1)

The Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 20088 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

for the definition of “the Community Regulation” substitute—

““the Community Regulation” means—

(a)

in respect of Northern Ireland, Council Regulation (EC) No.111/2005 dated 22nd December 20049 as it has effect in EU law, or

(b)

in respect of Great Britain, Council Regulation (EC) No. 111/2005 dated 22nd December 200410.”.

(b)

after the definition of “scheduled substance” insert—
““customs territory of the Union” in respect of Northern Ireland, has the same meaning as in Article 4(1) of Council Regulation (EC) No. 952/2013 dated 9 October 201311.”.

(3)

In regulation 3 (competent authorities) after paragraph (5) insert—

“(5A)

In respect of Northern Ireland, in Article 26(3) of the Community Regulation, any person specified in paragraph (7).”.

(4)

In regulation 5 (offences and penalties: documentation, labelling, provision of information) in paragraph (1) omit “, and as if references in those Articles to scheduled substances are references to scheduled substances within the meaning of Part II of that Act”.

(5)

In regulation 6 (requirements, offences and penalties: exports)—

(a)

at the beginning of paragraph (1) insert, “In respect of Great Britain,”;

(b)

after paragraph (1), insert—

“(1A)

In respect of Northern Ireland, an operator who is concerned in the export of a scheduled substance that requires a customs declaration shall ensure that he has a valid export authorisation for that export in accordance with Articles 12 to 19 of the Community Regulation.”;

(c)

at the beginning of paragraph (2) insert “In respect of Great Britain,”;

(d)

after paragraph (2) insert—

“(2A)

In respect of Northern Ireland, an operator who is concerned in the export of a scheduled substance shall ensure that he presents an export authorisation to the customs office when the customs declaration is made, or in the absence of a customs declaration either at a customs office of exit or other competent authorities at the point of exit from the customs territory of the Union as required by Article 14(2) of the Community Regulation.”.

(e)

in paragraph (3), after “paragraph (1)” insert “or paragraph (1A)”.

(6)

In regulation 7 (requirements, offences and penalties: imports)—

(a)

in paragraph 1, for “the United Kingdom” substitute “Great Britain”;

(b)

in paragraph 2, for “the United Kingdom” substitute “Great Britain”;

(c)

after paragraph 2 insert—

“(2A)

In respect of Northern Ireland, an operator who is concerned in the import into the customs territory of the Union of a scheduled substance listed in Category 1 of the Annex to the Community Regulation shall—

(a)

ensure he has a valid import authorisation for that import in accordance with Articles 20 to 25 of the Community Regulation;

(b)

present the import authorisation obtained in accordance with Article 20 of the Community Regulation to the customs office when the scheduled substances are declared for customs procedure in accordance with Article 22 of the Community Regulation.”;

(d)

in paragraph (3) after “paragraph (1)” insert “or paragraph (2A)(a)”.

Amendment of the Controlled Drugs (Drug Precursors) (Intra-Community Trade and Community External Trade) Regulations 20104.

(1)

The Controlled Drugs (Drug Precursors) (Intra-Community Trade and Community External Trade) Regulations 201012 are amended as follows.

(2)

In regulation 1 (citation, commencement, and interpretation) in paragraph 2—

(a)

for sub-paragraph (c) substitute—

“(c)

the “2004 Community Regulation” means—

(i)

in respect of Northern Ireland, Regulation (EC) No. 273/2004 of the European Parliament and of the Council dated 11th February 200413 as it has effect in EU law, or;

(ii)

in respect of Great Britain, Regulation (EC) No. 273/2004 of the European Parliament and of the Council dated 11th February 2004;”

(b)

for sub-paragraph (d) substitute—

“(d)

the “2005 Community Regulation” means—

(i)

in respect of Northern Ireland, Council Regulation (EC) No. 111/2005 dated 22nd December 200414 as it has effect in EU law, or;

(ii)

in respect of Great Britain, Council Regulation (EC) No. 111/2005 dated 22nd December 2004; and”.

(3)

In regulation 2 (prescribed fee)—

(a)

in paragraph (7) after “regulation 6(1)” insert “or 6(1A)”;

(b)

in paragraph (8) after “regulation 7(1)” insert “or 7(2A)(a)”;

(c)

after paragraph (8) insert—

“(8A)

No fee is payable under paragraphs (7) and (8) in respect of export authorisations or import authorisations that are issued in relation to the movement of scheduled substances between Northern Ireland and Great Britain.”.

Amendment of Regulation (EC) 273/2004 of the European Parliament and Council5.

(1)

Council Regulation (EC) No. 273/2004 of the European Parliament and of the Council dated 11th February 2004 on drug precursors is amended as follows.

(2)

In Article 1 (scope and objectives) for “the United Kingdom” substitute “Great Britain”.

(3)

In Article 2 (definitions)—

(a)

in paragraph (c) for “the United Kingdom” in each place it occurs substitute “Great Britain”;

(b)

for paragraph (i) substitute—

“(i)

‘natural product’ means—

(i)

an organism or a part thereof, in any form; or

(ii)

a naturally occurring substance which is unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which is extracted from air by any means.”.

(4)

In Article 3 (requirements for the placing on the market of scheduled substances), in paragraph 8—

(a)

after “the requirements and conditions” insert “(including, in the case of a licence or registration, the payment of a prescribed fee)”;

(b)

omit the last sentence.

(5)

In Article 4 (customer declaration) in paragraphs 1 and 3 for “the United Kingdom” substitute “Great Britain”.

(6)

In Article 15 (adaptation of annexes) after “III” insert “to adapt”.

(7)

In Annex I (list of schedule substances)—

(a)

for the table headed “Category 1” substitute—

Substance

CN designation (if different)

CN code(1)
CAS No(2)

1-phenyl-2-propanone

Phenylacetone

2914 31 00

103-79-7

Diethyl (phenylacetyl) propanedioate (also referred to as DEPAPD)

2918 30 00

20320-59-6

Methyl alpha-phenylacetoacetate (also referred to as MAPA)

2918 30 00

16648-44-5

Ethyl alpha-phenylacetoacetate (also referred to as EAPA) (4)

Ex 2918 30 00

5413-05-8

2-methyl-3-phenyloxirane-2-carboxylic acid (also referred to as BMK glycidic acid) (6)

2918 99 90

25547-51-7

N-acetylanthranilic acid

2-Acetamidobenzoic acid

2924 23 00

89-52-1

Alpha-phenylacetoacetamide (also referred to as APAA)

2924 29 70

4433-77-6

Alpha-phenylacetoacetonitrile (also referred to as APAAN)

2926 40 00

4468-48-8

Isosafrol (cis + trans)

2932 91 00

120-58-1

3,4-methylenedioxyphenylpropan-2-one

1-(1,3-Benzodioxol-5-yl)propan-2-one

2932 92 00

4676-39-5

Piperonal

2932 93 00

120-57-0

Safrole

2932 94 00

94-59-7

Methyl 3-oxo-2-(3,4-methylenedioxyphenyl)butanoate (also referred to as MAMDPA) (5)

Methyl 3-oxo-2-(3,4-methylenedioxyphenyl)butanoate

Ex 2932 99 00

1369021-80-6

3-(1,3-benzodioxol-5-yl)-2-methyl-oxirane-2-carboxylic acid (also referred to as PMK glycidic acid) (7)

2932 99 00

2167189-50-4

Isopropylidene (2-(3,4-methylenedioxyphenyl)acetyl)malonate (also referred to as IMDPAM) (8)

IMDPAM

2932 99 00

N-phenyl-1-(2-phenylethyl)piperidin-4-amine

4-anilino-N-phenethylpiperidine (ANPP)

2933 36 00

21409-26-7

1-(2-phenylethyl)piperidin-4-one

N-phenethyl-4-piperidone (NPP)

2933 37 00

39742-60-4

N-phenylpiperidin-4-amine (also referred to as 4-AP)

2933 39 99

23056-29-3

Tert-butyl 4-anilinopiperidine-1-carboxylate (also referred to as 1-boc-4-AP)

2933 39 99

125541-22-2

N-phenyl-N-(piperidin-4-yl)propanamide (also referred to as norfentanyl)

2933 39 99

1609-66-1

4-piperidone

Piperidin-4-one

2933 39 99

41661-47-6

1-boc-4-piperidone

tert-butyl 4-oxopiperidine-1-carboxylate

2933 39 99

79099-07-3

Ephedrine

2939 41 00

299-42-3

Pseudoephedrine

2939 42 00

90-82-4

Norephedrine

2939 44 00

14838-15-4

Ergometrine

2939 61 00

60-79-7

Ergotamine

2939 62 00

113-15-5

Lysergic acid

2939 63 00

82-58-6

The stereoisomeric forms of the substances listed in this category not being cathine (3), whenever the existence of such forms is possible.

The salts of the substances listed in this category, whenever the existence of such salts is possible and not being the salts of cathine.

(1R,2S)-(-)-chloroephedrine

2939 79 90

110925-64-9

(1S,2R)-(+)-chloroephedrine

2939 79 90

1384199-95-4

(1S,2S)-(+)-chloropseudoephedrine

2939 79 90

73393-61-0

(1R,2R)-(-)-chloropseudoephedrine

2939 79 90

771434-80-1

(1)

OJ No. L 290, 28.10.2002, p. 1.

(2)

The CAS No is the ‘chemical abstracts service registry number’, which is a unique numeric identifier specific to each substance and its structure. The CAS No is specific to each isomer and to each salt of each isomer. The CAS Nos for the salts of the substances listed above will be different to those given.

(4)

Also known as ethyl 3-oxo-2-phenylbutanoate, according to The International Union of Pure and Applied Chemistry (IUPAC

(6)

And its ethyl, methyl (CAS No 80532-66-7), propyl, isopropyl, butyl, isobutyl, sec-butyl and tert-butyl esters, with the same CN code as BMK glycidic acid.

(5)

Also known as methyl 2-(2H-1,3-benzodioxol-5-yl)-3-oxobutanoate, according to IUPAC.

(7)

And its ethyl (CAS No 28578-16-7), methyl (CAS No 13605-48-6), propyl, isopropyl, butyl, isobutyl, sec-butyl and tert-butyl esters, with the same CN code as PMK glycidic acid.

(8)

Also known as 5-[2-(1,3-benzodioxol-5-yl)acetyl]–2,2-dimethyl–1,3-dioxane–4,6-dione, according to IUPAC.

(3)

Also named (+)-norpseudoephedrine, CN code 2939 43 00, CAS No 492-39-7.

(b)

for the table headed “Category 2” and “Subcategory 2A” substitute—

Substance

CN designation (if different)

CN code

CAS No

Red phosphorus

2804 70 10

7723-14-0

Acetic anhydride

2915 24 00

108-24-7

The salts of the substances listed in this category, whenever the existence of such salts is possible.

(8)

In Annex II, for the table substitute—

Substance

Threshold

Acetic anhydride

100 L

Potassium permanganate

100 kg

Anthranilic acid and its salts

1 kg

Phenylacetic acid and its salts

1 kg

Piperidine and its salts

0.5 kg

Red phosphorus

0.1kg

Amendment of Council Regulation (EC) 111/20056.

(1)

Council Regulation (EC) 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Union and third countries in drug precursors is amended as follows.

(2)

In Article 1 (subject matter)—

(a)

for “the United Kingdom” substitute in both places it occurs “Great Britain”;

(b)

in both places in occurs after “third countries” insert “or Northern Ireland”.

(3)

In Article 2 (definitions)—

(a)

in paragraphs (c), (d) and (e), for “the United Kingdom”, in each place it occurs substitute “Great Britain”;

(b)

for paragraph (j) substitute—

“(j)

‘natural product’ means—

(i)

an organism or a part thereof, in any form; or

(ii)

a naturally occurring substance which is unprocessed or processed only by manual, mechanical or gravitational means, by dissolution in water, by flotation, by extraction with water, by steam distillation or by heating solely to remove water, or which is extracted from air by any means.”.

(4)

In Article 6 (licensing) in paragraph (1), for “the United Kingdom” substitute “Great Britain”.

(5)

In Article 7 (registration) in paragraph (1) for “the United Kingdom” substitute “Great Britain”.

(6)

In Article 8 (demonstration of licit purposes) in paragraphs (1) and (2) for “the United Kingdom” substitute “Great Britain”.

(7)

In Article 9 (provision of information) in paragraph (1) for “the United Kingdom” substitute “Great Britain”.

(8)

In Article 10 (guidelines) in paragraph (1) for “the United Kingdom” substitute “Great Britain”.

(9)

In Article 11 (pre-export notification)—

(a)

other than in the third place it occurs in paragraph 1 in each place it occurs after “country of destination” insert “or Northern Ireland”;

(b)

in the second place it occurs in paragraph 1 after “countries of destination” insert “which may include Northern Ireland,”;

(c)

in paragraph 2 after “in the third country” insert “or Northern Ireland”.

(10)

In Article 12 (export authorisation) in paragraph (1) for “the United Kingdom” substitute “Great Britain”.

(11)

In Article 13 (application for export authorisation) in paragraph 1—

(a)

in sub-paragraph (a) after “in the third country” insert “or Northern Ireland”;

(b)

in sub-paragraph (d)—

(i)

for “United Kingdom” substitute “Great Britain”;

(ii)

after “importing country” insert “or Northern Ireland”;

(c)

in sub-paragraph (e) after “the country of destination” insert “or Northern Ireland”.

(12)

In Article 14 (presentation of export authorisation at point of exit)—

(a)

in paragraphs (1) and (2) in each place it occurs for “the United Kingdom” substitute “Great Britain”;

(b)

in paragraph (2) after “to the third country of destination insert “or Northern Ireland”.

(13)

In Article 15 (refusal of export authorisation) in sub-paragraph (c) after “the country of destination” insert “or Northern Ireland”.

(14)

In Article 17 (authorisation of exports)—

(a)

after “third country” in the second and third place it occurs insert “or the competent authorities of Northern Ireland”;

(b)

for “the United Kingdom” in the second place it occurs substitute “Great Britain”.

(15)

In Article 18 (period of validity of export authorisation) for “the United Kingdom” substitute “Great Britain”.

(16)

In Article 20 (import authorisation) for “the United Kingdom” substitute “Great Britain”.

(17)

In Article 21 (application for import authorisation) after “of the third country” insert “or Northern Ireland”.

(18)

In Article 22 (presentation of import authorisation) for “the United Kingdom” substitute “Great Britain.”.

(19)

In Article 25 (period of validity of import authorisation) for “the United Kingdom” substitute “Great Britain.”.

(20)

In Article 26 (powers of competent authority)—

(a)

in paragraphs 1 and 3a for “the United Kingdom” substitute “Great Britain”;

(b)

in paragraph 5 after the first sentence insert “Such fees shall be prescribed in regulations made by the Secretary of State.”.

(21)

In Article 28 (delegated acts to ensure effective monitoring of trade)—

(a)

for “the United Kingdom” substitute “Great Britain”;

(b)

after “third countries” insert “or Northern Ireland”.

(22)

Article 30a (delegated acts) after “Annex hereto” insert “to adapt”.

(23)

Omit Article 33 (processing of personal data).

(24)

In the Annex—

(a)

for the table headed “Category 1” substitute—

Substance

CN designation (if different)

CN Code(1)
CAS No(2)

1-Phenyl-2-propanone

Phenylacetone

2914 31 00

103-79-7

Diethyl (phenylacetyl) propanedioate (also referred to as DEPAPD)

2918 30 00

20320-59-6

Methyl alpha-phenylacetoacetate (also referred to as MAPA)

2918 30 00

16648-44-5

Ethyl alpha-phenylacetoacetate (also referred to as EAPA) (4)

Ex 2918 30 00

5413-05-8

2-methyl-3-phenyloxirane-2-carboxylic acid (also referred to as BMK glycidic acid) (6)

2918 99 90

25547-51-7

N-acetylanthranilic acid

2-Acetamidobenzoic acid

2924 23 00

89-52-1

Alpha-phenylacetoacetamide (also referred to as APAA)

2924 29 70

4433-77-6

Alpha-phenylacetoacetonitrile (also referred to as APAAN)

2926 40 00

4468-48-8

Isosafrol (cis+trans)

2932 91 00

120-58-1

3,4-Methylenedioxyphenylpropan-2-one

1-(1,3-Benzodioxol-5-yl)propan-2-one

2932 92 00

4676-39-5

Piperonal

2932 93 00

120-57-0

Safrole

2932 94 00

94-59-7

Methyl 3-oxo-2-(3,4-methylenedioxyphenyl)butanoate (also referred to as MAMDPA) (5)

Methyl 3-oxo-2-(3,4-methylenedioxyphenyl)butanoate

Ex 2932 99 00

1369021-80-6

3-(1,3-benzodioxol-5-yl)-2-methyl-oxirane-2-carboxylic acid (also referred to as PMK glycidic acid) (7)

2932 99 00

2167189-50-4

Isopropylidene (2-(3,4-methylenedioxyphenyl)acetyl)malonate (also referred to as IMDPAM) (8)

IMDPAM

2932 99 00

N-phenyl-1-(2-phenylethyl)piperidin-4-amine

4-anilino-N- phenethylpiperidine (ANPP)

2933 36 00

21409-26-7

1-(2-phenylethyl)piperidin-4-one

N-phenethyl-4-piperidone (NPP)

2933 37 00

39742-60-4

N-phenylpiperidin-4-amine (also referred to as 4-AP)

2933 39 99

23056-29-3

Tert-butyl 4-anilinopiperidine-1-carboxylate (also referred to as 1-boc-4-AP)

2933 39 99

125541-22-2

N-phenyl-N-(piperidin-4-yl)propanamide (also referred to as norfentanyl)

2933 39 99

1609-66-1

4-piperidone

Piperidin-4-one

2933 39 99

41661-47-6

1-boc-4-piperidone

tert-butyl 4-oxopiperidine-1-carboxylate

2933 39 99

79099-07-3

Ephedrine

2939 41 00

299-42-3

Pseudoephedrine

2939 42 00

90-82-4

Norephedrine

2939 44 00

14838-15-4

Ergometrine

2939 61 00

60-79-7

Ergotamine

2939 62 00

113-15-5

Lysergic acid

2939 63 00

82-58-6

(1R,2S)-(-)-chloroephedrine

2939 79 90

110925-64-9

(1S,2R)-(+)-chloroephedrine

2939 79 90

1384199-95-4

(1S,2S)-(+)-chloropseudoephedrine

2939 79 90

73393-61-0

(1R,2R)-(-)-chloropseudoephedrine

2939 79 90

771434-80-1

The stereoisomeric forms of the substances listed in this Category not being cathine(3) whenever the existence of such forms is possible.

The salts of the substances listed in this Category whenever the existence of such salts is possible and not being the salts of cathine.

(1)

OJ No. L 290, 28.10.2002, p. 1.

(2)

The CAS No is the ‘Chemical abstracts service registry number’, which is a unique numeric identifier specific to each substance and its structure. The CAS No is specific to each isomer and to each salt of each isomer. The CAS Nos for the salts of the substances listed above will be different from those given.

(4)

Also known as ethyl 3-oxo-2-phenylbutanoate, according to The International Union of Pure and Applied Chemistry (IUPAC).

(6)

And its ethyl, methyl (CAS No 80532-66-7), propyl, isopropyl, butyl, isobutyl, sec-butyl and tert-butyl esters, with the same CN code as BMK glycidic acid.

(5)

Also known as methyl 2-(2H-1,3-benzodioxol-5-yl)-3-oxobutanoate, according to IUPAC.

(7)

And its ethyl (CAS No 28578-16-7), methyl (CAS No 13605-48-6), propyl, isopropyl, butyl, isobutyl, sec-butyl and tert-butyl esters, with the same CN code as PMK glycidic acid.

(8)

Also known as 5-[2-(1,3-benzodioxol-5-yl)acetyl]–2,2-dimethyl–1,3-dioxane–4,6-dione, according to IUPAC.

(3)

Also named (+)-norpseudoephedrine, CN code 2939 43 00, CAS No 492-39-7.

(b)

for the table headed “Category 2” substitute—

Substance

CN designation (if different)

CN Code (1)
CAS No (2)

Red phosphorus

2804 70 10

7723-14-0

Acetic anhydride

2915 24 00

108-24-7

Phenylacetic acid

2916 34 00

103-82-2

Anthranilic acid

2922 43 00

118-92-3

Piperidine

2933 32 00

110-89-4

Potassium permanganate

2841 61 00

7722-64-7

The salts of the substances listed in this Category whenever the existence of such salts is possible.

(1)

OJ No. L 290, 28.10.2002, p. 1.

(2)

The CAS No is the ‘Chemical abstracts service registry number’, which is a unique numeric identifier specific to each substance and its structure. The CAS No is specific to each isomer and to each salt of each isomer. The CAS Nos for the salts of the substances listed above will be different from those given.

Amendment of Commission Delegated Regulation (EU) 2015/10117.

(1)

Commission Delegated Regulation (EU) 2015/1011 of 24 April 2015 supplementing Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors, and repealing Commission Regulation (EC) 1277/200515 is amended as follows.

(2)

In Article 3 (conditions for granting licences)—

(a)

omit paragraph 3;

(b)

in paragraph 7—

(i)

for “the United Kingdom” substitute “Great Britain”;

(ii)

after “third countries” insert “or Northern Ireland”.

(3)

In Article 8 in paragraph 1 after “country of export” insert “or Northern Ireland”.

(4)

In Article 9 (information required to monitor trade)—

(a)

in paragraph 3 after “countries of destination” insert “or Northern Ireland”;

(b)

in paragraph 4 after “to the third country of export” insert “or Northern Ireland”;

(c)

in paragraph 5 after “the third countries” insert “or Northern Ireland”.

(5)

In Article 10 (conditions for determining the lists of the countries of destination for exports of scheduled substances of Categories 2 and 3) after “specific countries of destination” insert “which may include Northern Ireland”.

(6)

In Article 11 (criteria for determining simplified procedures for pre-export notifications)—

(a)

in paragraph 2—

(i)

for “the country of export” substitute “Great Britain”;

(ii)

after “the third country of destination” insert “or Northern Ireland”;

(b)

in paragraph 3—

(i)

after “the country of destination” insert “or Northern Ireland”;

(ii)

omit “or the ‘Multicultural Chemical Reporting Notification’ set out in Annex III of this Regulation”.

(7)

In Article 12 (criteria for determining simplified procedures for export authorisations)—

(a)

in paragraph 1—

(i)

for “the United Kingdom” substitute “Great Britain”;

(ii)

after “third country of destination” insert “or Northern Ireland”;

(b)

in paragraph 2 in sub-paragraph (a) after “in the third country” insert “or Northern Ireland”.

(8)

Omit Annex II (declaration of the operator on the entry of the scheduled substances into the customs territory of the Union).

(9)

Omit Annex III (form for multilateral chemical reporting notification).

Amendment of Commission Implementing Regulation (EU) 2015/10138.

(1)

Commission Implementing Regulation (EU) 2015/1013 of 25 June 2015 laying down rules in respect of Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and of Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors16 is amended as follows.

(2)

In Article 3 (licence granting procedure), in paragraph 1 for “Member State concerned” substitute “Secretary of State”.

(3)

In Article 4(b) for “per Member State” substitute “in Great Britain”.

(4)

In Article 11 (export and import authorisations)—

(a)

in paragraph 2—

(i)

for “the United Kingdom” substitute “Great Britain”;

(ii)

after “importing country” insert “or Northern Ireland”;

(b)

in paragraph 3—

(i)

after “exporting country” insert “or Northern Ireland”;

(ii)

for “the United Kingdom” substitute “Great Britain”.

(5)

In Annex I (form for licence)—

(a)

in the heading to the form, for “United Kingdom” substitute “European Union or Great Britain”;

(b)

in the notes to the form omit paragraph 5.

(6)

In Annex II (registration form)—

(a)

in the heading to the form insert “European Union or Great Britain”;

(b)

in the notes to the form omit paragraph 5.

(7)

In Annex III (forms for the grant of export authorisation)—

(a)

in each of the forms—

(i)

in the heading, for “United Kingdom” substitute “European Union or Great Britain”;

(ii)

in box 22—

(aa)

for “the UK” substitute “Great Britain/the EU”;

(bb)

for “the United Kingdom” substitute “Great Britain/the customs territory of the Union”.

(b)

in the notes to the forms—

(i)

in paragraph 2, for “the United Kingdom” substitute “Great Britain”;

(ii)

omit “Personal data protection” and all paragraphs below it in Annex III.

(8)

In Annex IV (forms for grant of import authorisation)—

(a)

in each of the forms—

(i)

for the heading “UNITED KINGDOM” substitute “European Union or Great Britain”;

(ii)

in box 9, for “the United Kingdom” substitute “Great Britain/the customs territory of the Union”.

(b)

In the notes to the form—

(i)

in paragraph 2, for “the United Kingdom” substitute “Great Britain”;

(ii)

omit paragraph 13.

Revocations9.

The instruments listed in the Schedule are revoked in so far as they extend to Northern Ireland.17

Sarah Jones
Minister of State
Home Office

ScheduleRevocation of assimilated law

Regulation 9

Explanatory Note
(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 14(2), (3), (4)(a), (b), (c) and (e) and (7) and 20(1)(a) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) (“the 2023 Act”). These Regulations revoke, replace and make alternative provision in secondary assimilated law which establish the processes and rules governing the control and trade in drug precursor chemicals in Great Britain, and trade between Great Britain, Northern Ireland and third countries.

Article 5(4) of the Windsor Framework22 provides that EU law listed in Annex 2 will apply to and in the UK in respect of Northern Ireland.  Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors and Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors are listed in Annex 2 and therefore continue to apply in Northern Ireland as they have effect in EU law.

Regulation 2 amends the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008 (S.I. 2008/295) to update references to Regulation (EC) 273/2004 as it applies in Great Britain as secondary assimilated law within the meaning of sections 5 and 11(2) of the 2023 Act and as it applies in Northern Ireland in accordance with Annex 2 of the Windsor Framework.

Regulation 3 amends the Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008 (S.I. 2008/296) to update references to Regulation (EC) 111/2005 as it applies in Great Britain as secondary assimilated law within the meaning of sections 5 and 11(2) of the 2023 Act and as it applies in Northern Ireland in accordance with Annex 2 of the Windsor Framework.

Regulations 2 and 3 also clarify that the penalty provisions set out in regulation 6 of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008 and regulation 5 of the Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008 apply to “scheduled substances” within the meaning of Article 2(a) of Regulation (EC) 273/2004 and Article 2(a) of Regulation (EC) 111/2005.

Regulation 4 amends the Controlled Drugs (Drug Precursors) (Intra-Community Trade and Community External Trade) Regulations 2010 (S.I. 2010/2564) to update the references to Regulation (EC) No 273/2004 and Regulation (EC) 111/2005 and makes provision to exempt the fees that would otherwise be payable in relation to export and import authorisations required for the trade in drug precursor chemicals between Great Britain and Northern Ireland.

Regulations 5 to 8 amend deficiencies in secondary assimilated law arising from the Windsor Framework, in particular by substituting references to “the United Kingdom” with “Great Britain” to reflect the fact that the legislation applies as secondary assimilated law only in Great Britain. This ensures that the procedures under Regulation (EC) 111/2005 will apply to the movement of drug precursor chemicals between Great Britain and Northern Ireland. Regulations 5 and 6 also update outdated definitions and amend the annexes to Regulation (EC) 273/2004 and Regulation (EC) 111/2005 to control certain drug precursor chemicals in Great Britain, which brings regulated drug precursor chemicals in Great Britain in line with those controlled in Northern Ireland (by the European Union). Regulation 7 also revokes the forms in Annexes II and III to Commission Delegated Regulation (EU) 2015/1011 which are no longer used in Great Britain.

Regulation 9 revokes the instruments listed in the Schedule in so far as they extend to Northern Ireland.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.