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EU Legislation and international framework

EU Regulations on Drug precursors (since 2005):

  • Council Regulation (EC) No 111/2005pdf of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (managed by DG TAXUD). 
  • Commission Regulation (EC) No 1277/2005pdf of 27 July 2005 laying down implementing rules for Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and for Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors

 Recent amendments:

  • Commission Regulation (EC) No 297/2009pdf of 8 April 2009 amending Regulation (EC) No 1277/2005 laying down implementing rules for Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and for Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors.
  • Commission Regulation (EU) No 225/2011pdf of 7 March 2011 amending Commission Regulation (EC) No 1277/2005 laying down implementing rules for Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and for Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors was published in the OJEU L 061/2011 of 8 March 2011.
 

In the EU, different types of administrations are involved in drug precursor control, notably Health, Police, and Customs.

On 7 January 2010, the European Commission adopted a Report on the implementation and functioning of the EU legislationon monitoring and control of trade in drug precursors (Report from the Commission to the Council and the European Parliament pursuant to Article 16 of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 and to Article 32 of Council Regulation (EC) No 111/2005 on the implementation and functioning of the Community legislation on monitoring and control of trade in drug precursors). While the report concluded that the legislation is functioning well overall, it also identified some weaknesses of the current system.

 New proposal:

 International framework

EU legislation on drug precursors is based upon Article 12 of the 1988 United Nations Convention against illicit traffic in narcotic drugs and psychotropic substancespdf. The Convention provides for comprehensive measures against drug trafficking, including provisions against the diversion of precursor chemicals, as well as money laundering. It provides for international co-operation through, for example, extradition of drug traffickers, controlled deliveries and transfer of proceedings. Article 12 in particular focuses on preventing the diversion of drug precursors through controlling businesses engaged in the manufacturing and distribution of those chemicals, and monitoring international trade in those substances. 170 countries are contracting parties to this UN Convention.

The UN body in charge of monitoring the Convention's implementation is the International Narcotics Control Board (INCB). The International Narcotics Control Board is an independent and quasi-judicial monitoring body for the implementation of the UN international drug control conventions. It was established in 1968 in accordance with the 1961 Single Convention on Narcotic Drugspdf. The INCB in particular monitors and promotes measures taken by the different contracting parties to prevent diversion of drug precursors and assists national administrations in meeting their obligations under the conventions. The international drug control treaties also require the INCB to prepare annual reports on the drug control situation worldwide. The INCB also prepares specific annual reports on the implementation of Article 12 of the 1988 Convention which provide a detailed analysis on the worldwide situation of diversion of drug precursor chemicals.