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

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 Framework(1) 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.

(1)

https://eur-lex.europa.eu/legal-content/EN/TXT/?toc=OJ%3AL%3A2023%3A102%3ATOC&uri=uriserv%3AOJ.L_.2023.102.01.0087.01.ENG