Drug precursors
Drug precursors are chemicals used in illicit manufacture of drugs such as cocaine, heroin, ecstasy or methamphetamines. However, these chemicals have primarily large and varied legitimate use. For example, they are used in the synthesis of plastics, pharmaceuticals, cosmetics, perfumes, detergents or aromas. Effective control of the trade of these chemicals is one of the best ways of fighting drug precursor diversion.
Community legislation
Fighting against diversion of drug precursors contributes to the overall fight against the supply of illegal drugs. Reduction of drug precursor diversion and trafficking is therefore an important objective of the overall EU Drugs Strategy (2005-2012)
[179 KB] , and its EU Drugs Action Plan for 2009-2012
[82 KB] . Link to the Freedom, Security and Justice website.
At international level, the 1988 United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances, and in particular Article 12, requires that countries implement measures to control and monitor the legitimate trade in drug precursors as an essential way to prevent at an early stage their diversion. Co-operation between authorities and Industry is a key element to the success of this control and monitoring system.
At EU level, Regulation (EC) No 273/2004 (managed by the Commission's Enterprise and Industry Directorate General) and Council Regulation (EC) No 111/2005 (managed by the European Commission's Directorate General for Taxation and the Customs Union) constitute the legal framework in place aiming at preventing diversion of drug precursors through close monitoring of their trade both within the EU and between the EU and the rest of the world.
Regulation (EC) No 273/2004
of the European Parliament and the Council lays down harmonized rules for monitoring the intra-community trade on drug precursors of the European Parliament and of the Council of 11 February 2004 on drug precursors.
It strikes a balance between taking the necessary actions to prevent diversion of drug precursors while allowing the legitimate intra-Community trade in these chemical substances without creating unnecessary administrative burdens. Different degrees of control apply to operators depending on the sensitivity of the drug precursors they possess or handle, through a classification of the drug precursors into three categories.
Council Regulation (EC) No 111/2005
lays down rules for the monitoring of trade in drug precursors between the EU and third countries outside the European Union. The purpose of this Regulation is to control imports and exports of trade in drug precursors. Further information can be find on the Taxation and Customs Union website.
Commission Regulation (EC) No 1277/2005
of 27 July 2005 sets up detailed implementing rules, aiming at ensuring a more uniform implementation of the Community legal framework, by competent authorities and economic operators (as amended by Commission Regulation (EC) No 297/2009
of 8 April 2009).
Furthermore, since the coming into force of the Community legislation in 2005, a guidance document
[52 KB] has been developed which contains consensual answers to questions of interpretation raised by authorities and/or operators, for a smoother and more harmonised implementation of some legislative provisions. This document is regularly updated. Latest version (June 2008).
The report from the Commission to the Council and to the European Parliament COM (2009)709
on the implementation and the functioning of the Community legislation on drug precursors prepared pursuant to Article 16 of Regulation (EC) No 273/2004 and to Article 32 of Council Regulation (EC) No 111/2005 has been adopted by the Commission on 7 January 2010.
The report describes the state of implementation of the Community legislation including the actions undertaken by the Commission, Member States, and industry to facilitate implementation as well as the strengths and weaknesses identified during the evaluation. It also reports the main trends in diversion and diversion attempts of drug precursors.
The report finally provides recommendations for improving the current framework. These include primarily support measures aiming at a better implementation of the existing legislation in order to gain immediately from established best practices, but do not exclude modifications of the legislation subject to further analysis of the impacts of various options for both competent authorities and economic operators.
Monitoring
On the basis of the information provided by Member States, the Commission publishes every year a report on shipments in drug precursors that have been seized or stopped in the EU, allowing a monitoring of trends in the illegal diversion of drug precursors.
2011 Report (statistics from 2010)
[4 MB]
2010 Report (statistics from 2009)
[3 MB]
2009 Report (statistics from 2008)
[2 MB]
2008 Report (statistics from 2007)
[3 MB]
2007 Report (statistics from 2006)
[3 MB]
Links
EU Member States National authorities
[137 KB]
Communication tool - only for members of the Working group "Drug precursors"
Main European concerned industry : CEFIC, FECC
European Monitoring Centre for Drugs and Drug Addiction
International Narcotics Control Board (INCB)
Archives
Legislative process towards current Regulation (EC) N°273/2004:
- Press release (on adoption by the EP and the Council) IP/04/294
- European Parliament 2nd reading A5-0430/2003
- Council Common position No 59/2003
- Amended Commission Proposal COM(2003)304
- European Parliament 1st reading A5-0038/2003
- Commission Proposal COM(2002)494




