410. Regulation of the Federal Minister for Health and Women, amending the Suchtgiftverordnung

On the basis of § § 2 (2) and 10 (1) Z 1, 5 and 6 of the Suchtmittelgesetz (SMG), BGBl. I n ° 112/1997, as last amended by the Federal Law BGBl. I No 134/2002, shall be assigned:

The Regulation on transport and the provision of narcotic poisons (Suchtgiftverordnung-SV), BGBl. II No 374/1997, as last amended by the BGBl Regulation. II No 314/2005, shall be amended as follows:

1. § 19 (3) Z 5 reads:

"5. the endorsement" for the treatment of substitution ", to be applied in accordance with section 21 (5),"

Section 25 (1) reads as follows:

" (1) The import and export of narcotic drugs shall be prohibited except in the cases of § § 24, 27 (6) and (31a), unless the Federal Minister for Health and Women has issued an authorization for this purpose. The transit of narcotic drugs shall be prohibited, unless the export authorisation of the country of dispatch is available. For the purposes of Article 2 (3), an authorization to import narcotic drugs may be granted only in accordance with the authorization granted in accordance with § 2 (3). "

3. § 26 para. 1 Z 4 lit. b is:

" (b)			in the case of preparations, the approval number, the number of packs, the size of the pack or the number of pieces; in the case of bulk goods, the net weight, the percentage of addictive toxins per piece in milligrams; in the case of undivided preparations such as, in particular, ampoules or Vial bottles the nominal amount per piece, the suchtgiftsalary per 1 millilitre in milligrams; "

4. § 27 (1) Z 5 lit. b is:

" (b)			in the case of preparations, the approval number, the number of packs, the size of the pack or the number of pieces; in the case of bulk goods, the net weight, the percentage of addictive toxins per piece in milligrams; in the case of undivided preparations such as, in particular, ampoules or Vial bottles the nominal amount per piece, the suchtgiftsalary per 1 millilitre in milligrams; "

5. § 31 reads:

" United Nations Narcotic Laboratory

§ 31. (1) Without prejudice to § § 25 (2), (26) and (27), the simplified procedures laid down in paragraphs 2 to 5 may be used for the import or export of narcotic poison by the United Nations narcotics laboratory, based in Vienna, without prejudice to § § 25 (2), 26 and 27.

(2) The United Nations Narcotics Laboratory shall give the Federal Ministry of Health and Women the pre- and surname, as well as the position and function within the United Nations
the person responsible for carrying out the simplified procedure for the import and export of addicted persons shall be known in writing. Any change in the data relating to the person responsible shall be notified immediately in writing to the Federal Ministry of Health and Women.

(3) The Federal Ministry of Health and Women shall make available to the United Nations Narcotics Laboratory the forms used for the granting of import and export authorization for addictive toxins. In the event of an intended import or export, the United Nations Narcotics Laboratory will fill in a corresponding form with the information required in accordance with § § 26 (1) Z 1 to 5 or 27 (1) (1) to (5) and submit the completed form to the extent that it has been filled out. to the Federal Ministry of Health and Women for the grant of the authorization.

(4) The Federal Ministry of Health and Women shall send the authorization to the United Nations Narcotic Laboratory for Health and Women's Approval. This shall send a copy of the import licence to the competent authority for export to the foreign country concerned and a further copy of the import permit to the foreign supplier; the remaining third copy shall be sent to the competent authority. shall be used for customs clearance.

(5) The Federal Ministry of Health and Women shall transmit the authorization to the United Nations Narcotic Laboratory for Health and Women after an export licence has been issued. It shall send a copy of the export authorisation to the competent authority of import in the importing country. One of the remaining two copies is to be used for customs clearance, the other is to be connected to the addictive poison programme.

(6) The United Nations shall submit to the Federal Ministry for Health and Women up to 31 December 2008. Each year, for each preceding calendar year, a total of the imports and exports effected, ordered by substances and by country of import and export. This overall presentation shall be drawn from the responsible person designated in accordance with paragraph 2.

(7) Paragraph 26 (2), first sentence, 4 and 5, first sentence, as well as Article 27 (2), (4), (6) and (7) shall also apply to simplified procedures in accordance with paragraphs 2 to 5. "

6. In accordance with § 31, the following § 31a and heading is inserted:

" Transmission of samples of seized narcotics between the national contact points of the Member States of the European Union for the purposes of law enforcement, justice or criminal analysis

§ 31a. (1) The Federal Ministry of the Interior-Bundeskriminalamt is Austria's national contact point pursuant to Article 3 (1) of Decision 2001 /419/JHA of the Council of the European Union of 28 May 2001 on the transmission of samples of controlled substances, 1. No. OJ L 150/1 of 6 June 2001.

(2) The Federal Ministry of the Interior-Bundeskriminalamt (Federal Ministry of the Interior-Bundeskriminalamt) may submit samples of seized addicts in accordance with the procedure laid down in paragraphs 3 to 9 to the national contact points of other Member States published in the Official Journal of the European Addiction poisons transmitted by these contact points shall be received.

(3) The Federal Ministry of the Interior-Bundeskriminalamt agreed with the national contact point of the Member State,

1.		to which it intends to transmit a sample of a search for a drug pursuant to paragraph 2, or
2.		where such a sample is to be provided,

before the actual transmission, the details of the transport of the sample. The accompanying form provided for in Decision 2001 /19/JHA shall be used for transmission. This complete and duly completed accompanying document will be attached to the sample for the entire duration of the journey.

(4) The Federal Ministry of the Interior-Bundeskriminalamt meets with the contact point of the supermediating state or of the receiving Member State prior to the transmission of an agreement on the use of the sample. The sample may be used for the investigation and prosecution of criminal offences or for the criminaltechnical analysis of the sample. The transferred sample may include only the quantity required for the purposes of law enforcement, justice or for the criminaltechnical analysis of the sample.

(5) Safety precautions shall be provided for the transport of the sample. The following modes of transport shall be considered as safe:

1.		Carriage by an Austrian official or an official of the receiving or of the Member State which is a Member State
2.		Carriage by a messenger,
3.		Transport by diplomatic mail,
4.		Transport as (express) enroll.

(6) The Federal Ministry of the Interior-Bundeskriminalamt has the national contact point of the Federal Criminal Police Office (Bundeskriminalamt) to transmit a sample to the territory of another Member State (transit Member State). A transit Member State through whose territory the sample is transported shall be informed by means of a copy of the fully completed movement document.

(7) If the mode of transport is chosen in accordance with paragraph 5 (1), the official shall not be allowed to wear a uniform. It may also not carry out any other operational tasks in connection with the carriage, unless it is compatible with the other legislation and between the Member State transmitting the sample and the receiving Member State, and of a transit state that is all due. Only airlines registered in one Member State shall be eligible for air travel within the framework of the transport of a sample.

(8) The Federal Ministry of the Interior-Bundeskriminalamt (Federal Ministry of the Interior-Federal Criminal Police Office) shall immediately confirm the reception of the sample after its entry into the sample.

(9) The Federal Ministry of the Interior-Bundeskriminalamt has the Federal Ministry of Health and Women (Federal Ministry of Health and Women) by means of a copy of the accompanying document on an imminent transmission or to inform the imminent reception of a sample. The Federal Ministry of the Interior-Bundeskriminalamt also has the Federal Ministry of Health and Women up to the 31. Each year, each year, a total provision is made for all the previous calendar year. received samples.

(10) The provisions of § § 25 to 30 on the import, export and transit shall not apply to the procedure laid down in paragraphs 1 to 9. "

7. § 35 (4) reads:

" (4) With the expiry of the 31 December 2005, § § 36 and 37 of this Regulation shall appear in the version BGBl. II No 314/2005 and lose their effectiveness in the form of the Suchtgift single prescription (Parts I, II and III) and the Form for the Suchtgift-continuous prescription (Parts I, II, III and IV). The supply of medicinal products on presentation of such forms shall no longer be permitted after that date. Authorities as well as doctors, veterinarians or hospitals have residual stocks of forms not used for use at the latest until the end of the 15. Jänner 2006 to destroy. "

8. Annex IV.1 shall be inserted between: "Amphetamine" and "Dexamphetamine" the designation "2C-B" is deleted.

9. Annex V.1 shall be inserted between: "Cathinon" and "DET" the designation "2C-B" inserted.

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