Council Regulation (EEC) No 3677/90 of 13 December 1990 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances

• Published date: 20 December 1990
• Subject Matter: public health
• Official Gazette Publication: Official Journal of the European Communities, L 357, 20 December 1990

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Council Regulation (EEC) No 3677/90 of 13 December 1990 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances

Official Journal L 357 , 20/12/1990 P. 0001 - 0005
Finnish special edition: Chapter 15 Volume 10 P. 0026
Swedish special edition: Chapter 15 Volume 10 P. 0026

COUNCIL REGULATION (EEC) No 3677/90 of 13 December 1990 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas on 19 December 1988 a Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances was adopted in Vienna, hereinafter referred to as the "United Nations Convention" ; whereas the United Nations Convention is part of the world-wide efforts to combat drugs ; whereas the Community participated in the negotiation of that Convention, showing its political will to act within the limits of its competences;

Whereas the United Nations Convention contains an Article 12 concerning trade in precursors, i.e. substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances ; whereas the implementation of this Article represents a contribution by industrialized countries to the effort requested from drug-producing countries, which are generally much poorer than the former ; whereas the provisions on trade in such precursors affect the Community rules in customs matters ; whereas, on this basis, the United Nations Convention was signed on behalf of the Community on 8 June 1989 ; whereas, on this basis, the Council decided on 22 October 1990 to conclude the United Nations Convention ; whereas it is thus appropriate, in order to concretize this political will, to lay down Community rules on trade between the Community and third countries;

Whereas the provisions of Article 12 of the United Nations Convention are based on a system monitoring trade in the substances in question ; whereas most of the trade in these substances is fully legitimate ; whereas documentation and possible labelling as regards consignments of these substances have to be sufficiently clear ; whereas it is furthermore important, whilst providing competent authorities with the necessary means of action, to develop, in compliance with the spirit of the United Nations Convention, mechanisms which are based on close cooperation with the economic operators concerned as well as on the development of intelligence gathering;

Whereas a system of pre-notification of consignments of certain substances providing, under certain conditions, for the operations in question to be forbidden, appears most appropriate to the situation ; whereas several countries have already obtained very positive results favouring this approach;

Whereas the competent authorities of Member States should have comparable means of action ; whereas it is indispensable, therefore, to establish common objectives in the matter at Community level ; whereas this aspect is essential with the completion of the internal market in prospect and in order to ensure the homogeneous application of the rules established ; whereas it is also important, in this context, that each Member State provide for sufficiently dissuasive penalties;

Whereas machinery for administrative cooperation should be provided for both within the Community and with third countries which are also Parties to the Convention ; whereas it is advisable in this respect, as far as the competent authorities in the Community are concerned, to take as a basis Council Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative...