Amendment Of The Act On Addictive Substances

Original Language Title: změna zákona o návykových látkách

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58110&nr=362~2F2004~20Sb.&ft=txt

362/2004 Sb.



LAW



of 20 December. in May 2004,



amending the Act No. 167/1998 Coll., on addictive substances and amending

certain other laws, as amended, and Act No.

2/1969 Coll., on establishment of ministries and other central bodies of the State

administration of the Czech Republic, as amended



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on addictive substances



Article. (I)



Act No. 167/1998 Coll., on addictive substances and amending certain other

laws, as amended by Act No 354/1999 Coll., Act No. 117/2000 Coll., Act

No 132/2000 Coll., Act No. 57/2001 Coll., Act No. 185/2001 Coll., Act

No. 407/2001 Coll., Act No. 320/2002 Coll. and Act No. 223/2003 Coll.,

amended as follows:



1. In article 1 (1). 2, after the word "precursors", the words "and auxiliary

^ 1a substances) ".



Footnote 1a) is inserted:



"1a) Article. 1 (1). 2 (a). and) Council Regulation (EEC) No 3677/90 of 13 December.

December 1990 on measures to be taken in order to avoid

the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic

substances, as amended by Council Regulation (EC) no 1116/2001. ".



2. In article 1 (1). 2 (b)):



"(b)) in other products, if the composition of those products is such that

precursors and auxiliary substances contained in them may not be the easy way

used or recovered easily applicable ways that provides

directly binding regulation of the European communities. "^ 1a)".



3. In section 2 (a). (c)), the words "the solution or mixture shall be replaced by" solution,

a mixture or natural product. "



4. In section 2 (d) at the end of the text), the words "as well as a mixture or

natural product in any physical state, containing at least one

such a substance, in addition to the substances referred to in § 1 (1). 2 (a). (b))

^ law 1a) ".



5. At the end of section 2 shall be replaced by a comma and dot the following points (g))

(j)), including footnotes no 2a) and 2 c) are added:



"(g)) of coca bush all kinds of shrubs of the genus Erythroxylon coca leaves and leaf

from the bushes, with the exception of coca leaves, from which was extracted all the ekgonin,

cocaine and other alkaloids, ekgoninové ^ 2a)



(h)) the final beneficiary the substances referred to in annexes 9 to 11 of this

the Act any natural person or legal person in accordance with the immediately

a binding act of the European communities, a ^ 2b)



I) placing on the market the supply of substances listed in annexes 9 to 11 of this

the Act made in the countries of the European Community to third parties or to

free circulation in the European Community countries, in return for payment or

free of charge,



j) export or import of substances and preparations containing

their physical movement from one State to another.) ^ ^ 2a, 2 c)



2A) Decree No. 47/1965 Coll., on the single Convention on narcotic drugs, in

the texts of communication No. 458/1991, a Protocol on amendments to the single Convention on

Narcotic Drugs of 1961.



2B) Article. 1 (1). 2 (a). (f)) of Council Regulation (EEC) No 3677/90, as amended by

Council Regulation (EEC) no 900/92.



2 c) the Convention on psychotropic substances, the renowned under no 62/1989 Coll. ".



Footnote No. 2a) is referred to as a footnote

No 2d), and including a reference to a footnote.



6. the heading of section 3: "the treatment of addictive substances and preparations".



7. In section 3, paragraph 3. 1, the words ' substances, preparations and precursors "shall be replaced by

the words "substances and preparations" and the words "substances, preparations and precursors"

replaced by the words "substances and preparations".



8. in section 3, the following new section 3a, including the title and notes

line no 2d):



' section 3a



Treatment with precursors and auxiliary substances



(1) handling of precursors, means



and precursors and their production) the placing on the market, including activities with the

related,



(b)), export, import and transit of precursors listed in the immediately binding

Regulation of the European communities) or ^ 2d in the customs territory of the European

the community.



(2) Treatment with excipients means



and) production and placing on the market of excipients listed in annex No. 10

This law, or their mixtures, with the exception of potassium permanganate,



(b)) the export of auxiliary substances referred to in the immediately binding rules

Of the European communities ^ 2d) from the customs territory of the European communities,

the importation of these substances into the customs territory or transit of these substances

through the said customs territory.



(3) to the treatment of the other ingredients you need to register in accordance with section 16 of the

This law, unless otherwise provided by this act otherwise.



2D) Article. 1 (1). 2 of Council Regulation (EEC) No 3677/90. ".



Footnote No 2d) is referred to as a footnote

No. 2e), and including a reference to a footnote.



9. In section 5 (3). 7, the words "public health laboratories" are replaced by the words

"the laboratory of health institutions".



10. In section 5, the following paragraph 8 is added:



"(8) a permit is not required for the treatment of a person operating a pharmacy,

which shall take, and stored the addictive substances listed in the annexes to

No. 3 and 4 of this Act for the purpose of their delivery to the persons referred to in

paragraph 7. ".



11. In section 6 (1). 2, after the words "separate" words "

, people representing in a customs procedure, ^ 5b) ^ 5 c) inventory

deponentů5c) ".



Footnote No. 5b and 5 c)):



"5b) section 107, paragraph. 2 of Act No. 13/1993 Coll., as amended.



5 c) Article. 2A, paragraph. 1 Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EEC) no 900/92. ".



Former footnote No. 5b and 5 c)) are renumbered as notes under

line no. 5 d) and 5e), including links to footnotes.



12. In section 8 (2). 3, the number "2" is replaced by "5" and at the end of paragraph

is added the sentence "If the applicant so requests, the permit may be

the treatment given and the shorter period of time. ".



13. In section 8 (2). 10, after the words "in the application for the authorization to the treatment,"

the words "and for the reasons set out immediately binding regulation

Of the European communities, ^ 5 c) ".



14. In section 8 shall at the end of paragraph 11 is added the phrase "cancellation request

the authorization to the treatment is served on the issued by the Ministry of

health. ".



15. In section 9 (2). 4, the fourth sentence deleted.



16. In section 12 paragraph 2, including the footnote No. 5f):



"(2) the auxiliary substances referred to in annex 10 of this Act, with the exception of

potassium permanganate can be transmitted or sold only to persons

that the transferring or the seller shall submit the completed statement

the customer in accordance with the European regulation immediately binding

community. ^ 5f)



5F) Commission Regulation (EC) no 1485/96 of 26 March. July 1996 laying

lays down the detailed rules for the application of Council Directive 92/109/EEC, as regards the

customer Declaration of specific use of certain substances used in the

the illicit manufacture of narcotic drugs and psychotropic substances, as amended by regulation

Commission Regulation (EC) no 1533/2000. ".



Footnote No. 5e) is deleted, including a link to the note

under the line.



17. In article 12 the following paragraphs 3 and 4, which including the footnotes

No. 5 g) are added:



"(3) the obligation referred to in paragraph 2 shall not apply to persons who intend to

pass or sell ancillary substances referred to in annex 10 of this Act,

the total amount does not exceed the quantity in the calendar year

laid down by a decree of the Ministry of health.



(4) persons who intend to produce, import, export, transfer or

sell precursors and auxiliary substances referred to in annex 10 of this

law, are obliged to ensure that these substances were prior

on the market labelled. On the label the name of the substance, must be provided, which

must correspond to the annexes of this law, ^ 5 g) and can be presented on it

her usual commercial description; a similar indication is required even when the

transit of precursors and auxiliary substances (section 23).



5 g) Article. 2 (2). 2 of Council Regulation (EEC) No 3677/90. ".



18. In article 15 (b). and), the words ' substances, preparations and precursors "shall be replaced by

the words "substances and preparations".



19. In section 15 for the letter a) insert a new subparagraph (b)), including

footnote No. 7a) is inserted:



"(b)) import and export precursors and auxiliary substances for the reasons referred to in

immediately binding regulation of the European communities, 7a ^ ^)



7A) Article. 6 (1). 2 of Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EC) no 988/2002. ".



Letters b) to (f)) are renumbered as paragraphs (c) to (g))).



20. the heading of section 16: "Registration of manufacturers, exporters, importers and persons

offering on the market of substances ".



21. In section 16, paragraph 1, including the footnote No. 7b):



"(1) persons who intend to produce, export, import, placing on the market or

they intend to deal with the transit of excipients listed in annex No. 10

This Act, with the exception of the manufacture and the placing on the market of permanganate

potassium, and the persons that intend to export the auxiliary substances listed in

Annex No. 11 of this Act, are required to according to a special legal

^ Regulation 7b), before the start of the activity to register with the Ministry of

health care. The application for registration shall be submitted in duplicate to the

Forms issued by the Ministry of health.



Article 7b). 2A, paragraph. 2 of Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EEC) no 900/92. ".



22. In article 16, paragraph 1, the following paragraph 2, including the
footnote No. 7 c) is added:



"(2) the obligation referred to in paragraph 1 shall not apply to persons who intend to

to export the auxiliary substances set out in annex 11 of this law, the

the total amount does not exceed the quantity referred to in the calendar year

immediately binding regulation of the European communities. ^ 7 c)



Article 7 c). 1 (1). 1 Commission Regulation (EEC) no 3769/92 of 21 December. December

1992 implementing and amending Council Regulation (EEC) No 3677/90, as amended by

Commission Regulation (EC) No 1232/2002. ".



Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5.



23. In section 16. 3 the words "and the conditions laid down by specific legal

Regulation ' shall be deleted.



24. In article 16, the following paragraph 6 is added:



"(6) the Ministry of health decides for persons referred to in paragraph 1

to reject an application for a marketing authorisation or on the suspension, withdrawal or

the cancellation of the already issued registration



and when a false or) incomplete information in the application for

the registration,



(b)) in breach of the obligations arising from this Act or from the

decision issued on its basis, or



(c) if the holder of the registration) been convicted of an offence,

the merits of which is related to this activity, unless he

looking as if he has been convicted ".



25. In section 19 (1):



"(1) as the responsible person can appoint a natural person who has reached the

University Master's degree in the area of pharmacy, medicine,

veterinary medicine or in the field of chemical technology ".



26. the heading of section 20 reads: "export of substances and preparations with their

the content ".



27. In section 20 (2). 1, the words ' substances, preparations, precursors and auxiliary

substances in the cases referred to in paragraph 3 shall be replaced by "substances and

preparations ".



28. In article 20, paragraph 3 is deleted.



Paragraphs 4 to 6 shall be renumbered as paragraphs 3 to 5.



29. In section 20, at the end of the text of paragraph 3, the words "shall be added; While not

be exceeded the limit set by the International Office for the control of narcotic drugs

substances to the country of importation ^ 8a) ".



Footnote No. 8a):



"8a) Decree No. 47/1965 Coll., as amended by communication No. 458/1991.



The Convention on psychotropic substances, the renowned under no 62/1989 Coll. ".



30. In section 20 (2). 5 the third sentence shall be deleted.



31. under section 20, the following new section 20a and 20b, including headings and

footnote No. 8b) up to 8 k) are added:



"section 20a



The export of precursors



(1) for the export of precursors as immediately binding

Regulation of the European communities. ^ 8b)



(2) the Ministry of health shall issue a notice of estimated export

under special legislation ^ 8 c) ^ 8 d) and send it to the State, to

which export takes place. On the basis of the comments of the competent

authority of the State in which the export takes place, the Ministry shall decide

health care for the issue of an export permit. ^ 8e)



(3) the decision on the application for export outside the Member States of the European

the Community Health Department must issue within 15 working days

from the date of receiving the reply of the competent authority of the State in which the

exports effected. ^ 8f), ^ g)



(4) the Ministry of health shall decide on the refusal of requests for extradition

an export permit or a withdrawal of already issued an export permit,

If it is the illicit trade under international treaties, which

the Czech Republic is bound, or, in the case of fixed

immediately binding regulation of the European communities. ^ 8 h)



(5) the Ministry of health shall suspend or revoke an export authorisation,

If there are grounds under European regulation immediately binding

^ 8i) community.



§ 20b



The export of excipients



(1) export of excipients listed in annexes 10 and 11 of this

the Act is in accordance with European regulation immediately binding

Community ^ ^ 8j), 8 k) and pursuant to section 20a of this Act apply mutatis mutandis.



(2) in the case of exports of potassium permanganate or acid anhydride

acetic in quantities above the limit set by a decree of the Ministry of

health care shall proceed as follows:



and) the natural or legal person shall communicate this fact to the

The Ministry of health,



(b)), the Ministry of health on the basis of this communication issue

notice of the expected export immediately binding regulation

Of the European communities), ^ ^ 8 c 8 d) and send it to the State in which the

export takes place,



(c) the competent authority of the State), to which the export of

effected, or the International Office for the control of narcotic substances shall communicate to the

The Ministry of health the natural or legal person who proposes to

export potassium permanganate or anhydride of acetic acid, and

The Ministry of industry and trade.



8B) Council Regulation (EEC) No 3677/90, as amended by Council Regulation (EC) No.

988/2002.



8 c) Article. 12 paragraph. 10 the United Nations Convention against

illicit traffic in narcotic drugs and psychotropic substances declared under

No 462/1991.



Resolution 20/4 of the 1998 special session of the General Assembly

The United Nations on drugs.



8 d) article 4 of Council Regulation (EEC) No 3677/90, as amended by Council regulation

(EC) no 988/2002.



8e) in Article 4a of Council Regulation (EEC) No 3677/90, as amended by Council regulation

(EC) no 988/2002.



8f) Article. 4A, paragraph. 3 Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EC) no 988/2002.



8 g) Article. 4A, paragraph. 9 of Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EC) no 988/2002.



Article 8 h). 4A, paragraph. 4 Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EC) no 988/2002.



Article 8i). 4A, paragraph. 8 of Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EC) no 988/2002.



8j) articles 2 and 3 of Commission Regulation (EEC) no 3769/92, as amended by regulation

Commission Regulation (EC) No 1232/2002.



8 k) articles 5 and 5a of Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EEC) no 900/92 and Council Regulation (EC) no 988/2002. ".



32. In section 21 of the title: "the importation of the substance and products with their

the content ".



33. In § 21. 1, the words ' substances, preparations and precursors "shall be replaced by

the words "substances and preparations".



34. In § 21. 3 the first and the second sentence deleted.



35. In section 22 to the end of paragraph 2 the following sentence "Changes the data referred

in the application for the issue of an export permit or import authorisation is

natural or legal person shall be obliged to inform, in writing, to the Ministry of

health care, not later than 5 days from the date when the changes occurred. ".



36. In section 22, paragraph. 3 at the end of the first sentence, the words "or on the

the request of the importer may be issued even for less "and the second is

shall be replaced by the phrase "the period of validity of the export licence provides the Ministry of

health care according to the period of validity of the import authorization state on whose

the territory has to be the export takes place, if the exporter requests for less. ".



37. In section 22, paragraph 4, the following paragraphs 5 and 6 shall be added:



"(5) when the export of the substance and of the Declaration on the

placing of goods under export procedure lodged with the Customs Office locally

the competent according to the place of residence or place of business of a natural person or

seat of the legal person. Furthermore, the export authorisation shall be presented in accordance with section 20,

the 20a and 20b of this law, if under this Act must be issued.



(6) in import of substance abuse and of the Declaration on the

release of goods for free circulation or with the economic

effects filed with the Office of the locally competent according to the place of residence or

the place of business of a natural person or a legal person headquarters. It is further

submit import permit pursuant to § 21 of this Act, if it must be

issued pursuant to this Act. ".



The present paragraph 5 shall become paragraph 7.



38. In section 22 paragraph 7 is added:



"(7) the Ministry of health shall decide on the refusal of requests for extradition

an export permit or import permit, of the suspension, withdrawal

or cancellation of an export permit or import authorization, if it is

about



and) illicit trade in accordance with international treaties, which the Czech

Republic is bound,



(b) the placing of false data or) nedoplnění incomplete data in the request

on the export permit or import authorisation within the prescribed period,



(c)) violation of the obligations arising from this Act or decision

issued on its basis, or



(d) the holder of the authorization to the treatment of) been convicted of an offence,

the merits of which is related to this activity, unless he

looking as if he has been convicted ".



39. In section 25 is at the end of paragraph 1, the following sentence "the request for extradition

an export permit or the import permit shall be made on form

issued by the Ministry of health. ".



40. In section 26, paragraph. 1, after the words "to transmit to the Ministry of health"

the words "on forms issued by the Ministry of health

in writing or in electronic form, signed by the advanced electronic

the signature under special legislation. ^ 10a) ".



Footnote. 10a) is inserted:



"10a) Act No 227/2000 Coll., on electronic signature and amending

certain other laws (the law on electronic signature), as amended by

amended.



Government Regulation No. 304/2001 Coll., implementing Act No 227/2000

Coll. on electronic signature and on amendments to certain other laws (law

on electronic signature) ".
Former footnote No. 10a to 10 c)) are renumbered as notes

footnote No. 10b) up to 10 d), including links to footnotes.



41. In section 26, paragraph. 1 at the end of the text of the letter b), the words "; the amount of the

given the estimates may be adapted ^ 10b) the International Office for the control of

Narcotics, ^ 2a) ".



Footnote. 10b):



"10b) Article. 19 paragraph. 2 and article. 21. 3 Decree No. 47/1965 Coll. ".



The existing footnote. 10b) up to 10 d) are renumbered as notes

footnote No. 10 c) to 10e), including links to footnotes.



42. In section 26 paragraph 2, the following paragraph 3 is added:



"(3) the persons who are entitled to be treated with drugs,

products and precursors on the basis of the authorization to the treatment, and persons

which for their operation does not require the issue of permits for the handling of

addictive substances, and precursors under section 5 (3). 7 and § 6

paragraph. 3, are obliged to report immediately to the Ministry of health



and of alienation substance abuse), and precursors,



(b)) of special circumstances, such as unusual orders and

transactions with these substances,



(c)) on the basis of his request for additional details relating to the

the activities, which are subject to authorisation for treatment. ".



The former paragraph 3 shall become paragraph 4.



43. In section 26, paragraph. 4, the words "1 month" shall be replaced by the words "30 days".



44. section 27, including title and footnote No. 10 c) is added:



the "section 27



Obligation of persons operating a pharmacy



(1) a person operating a pharmacy shall be obliged to forward to the regional authority

the end of February the annual report for the previous calendar year and of the status of the movement

stocks of addictive substances referred to in annex No. 1 or 5 of this Act,

as well as products containing them, with the exception of the products referred to in

Annex No. 8 of this Act. The annual report shall be filed on form

issued by the Ministry of health in writing or in electronic form

signed by an advanced electronic signature pursuant to specific legal

^ 10a) Regulation.



(2) upon termination of the activities of the pharmacy ^ 10 c) is a person that this activity

operated, be obliged to submit within 30 days from the termination of the activities of the

the Regional Office of the emergency information to the extent provided for in paragraph 1.



10 c) Law No. 160/1992 Coll., on health care in non-State

medical devices, as amended. ".



The existing footnote No. 10 c) to 10e) are renumbered as notes

footnote No. 10 d) to 10f), including links to footnotes.



45. In section 27a, paragraph. 1, the words "the district or municipal health management"

replaced by the words "the regional Veterinary Administration or Urban Health

Administration in Prague "and at the end of paragraph 1, the following sentence" message

served on a form issued by the Veterinary Administration in writing or

in electronic form signed by an advanced electronic signature pursuant to

special legislation. ^ 10a) ".



46. In section 27a, paragraph. 2 the words "County and city Veterinary Administration"

replaced by the words "the regional Veterinary Administration and city health

Administration in Prague ".



47. section 28 including title and footnote No 10f):



"section 28



The obligation of manufacturers, exporters, importers and persons offering to

marketing AIDS



(1) a person registered at the Ministry of health (section 16), with the

the exception of those on the market offering the ancillary substance are required to transmit

The Ministry of health



and for the end of February) the past calendar year, the annual reports on the manufacture,

the export and import of excipients listed in annex 10 of this law

and reports on export of auxiliary substances set out in annex 11 of this

the law,



(b)) the 15th day of the following month, monthly reports on exports

auxiliary substances referred to in annexes 10 and 11 of this law in

the cases, which requires export permits, 10e)



(c)) at its request for more detailed information on the production, export and import

auxiliary substances,



(d)) all information about stolen and other auxiliary substances

circumstances under special legislation. ^ 10f)



(2) When their activities, which requires a registration, a person is

which carries out this activity, required to pass within 30 days of their

the activities of the Ministry of health of the extraordinary in the extent of reporting

provided for in paragraph 1 (b). and).



(3) the Information referred to in paragraph 1 (b). and (b))) and submitted on forms

issued by the Ministry of health in writing or in electronic form

signed by an advanced electronic signature pursuant to specific legal

^ 10a) Regulation.



10F) article 3 of Council Regulation (EEC) No 3677/90, as amended by Council regulation

(EEC) no 900/92. ".



Footnote No. 10f) is referred to as a note under

line no. 10 g), including a link to a footnote.



48. section 29, including title and footnote No. 10 g) and 10 h) is added:



"§ 29



Obligation of persons producing opium poppy or cannabis



People growing opium poppy or cannabis on total area greater than 100 m2

they are obliged to pass the information to the locally competent customs authority referred to in

the place of cultivation, in writing or in electronic form, signed by the guaranteed

an electronic signature under special legislation ^ 10a)



and by the end of May)



1. assessment of the land, that were in the relevant calendar year sown with poppy seeds

setým or hemp, including the name of the registered varieties used, ^ g)

parcel number, name, and the numbers of cadastral territory, ^ 10 h)



2. an estimate of the acreage of the land on which it will be grown opium poppy or cannabis in

the next calendar year,



(b)) in the course of vegetation and harvest data on the area of land and how

destruction of opium poppy, poppy concentrate or hemp, including the name of the used

the registered variety, ^ 10 g) parcel number, name, and the numbers of the cadastral

territory, ^ 10) and not later than 5 days before their

disposal,



(c)) to the end of December of the calendar year



1. assessment of land that have been sown with poppy seeds or cannabis setým, assessment

the land from which it was harvested opium poppy or cannabis, including the name of the

used the registered variety, ^ g) parcel number, name, and numbers

cadastral territory, ^ 10 h)



2. the quantities harvested poppy concentrate, hemp, poppy seed and seed

hemp.



10 g) Act No. 92/1996 Coll., on plant varieties, seeds and seed potatoes grown

the plant, in the wording of later regulations.



10 h) Law No 344/1992 Coll., on the land register of the Czech Republic

(Land Registry Act), as amended. ".



Footnote No. 10 g) is referred to as a note under

footnote No. 10i), including a link to a footnote.



49. At the end of section 30, the following sentence "quarterly reports shall be submitted to the

form issued by the Ministry of health in writing or in

electronic form signed by an advanced electronic signature pursuant to

special legislation. ^ 10a) ".



50. section 31, including a title:



the "section 31



Form of reports



(1) Information shall be submitted on forms issued by the Ministry of

health, with the exception of reporting under section 27a, which serves to

Forms issued by the competent regional veterinary administrations or

Public health administration in Prague, and with the exception of reporting under section 29,

and that, in writing or in electronic form, signed by the guaranteed

an electronic signature under special legislation. ^ 10a)



(2) the Ministry of finance and the Ministry of agriculture shall lay down by Decree

model of form for the reporting of persons producing opium poppy or cannabis (section 29)

and the method of filling and handling with the form. ".



51. the heading of section 32 added: "Evidence and documentation".



52. In § 32 paragraph 1 the following new paragraphs 2 to 7, including

footnotes no 10j) to 10 l) are added:



"(2) a natural person or a legal person is required to document each

the placing on the market of precursors listed in annex No 9 this Act by

immediately binding regulation of the European communities. ^ 5f)



(3) concerning the export, import and transit of excipients is keeping controls

immediately binding regulation of the European communities. ^ 10j)



(4) on the manufacture and placing on the market of excipients listed in annex No. 10

This Act, with the exception of potassium permanganate, the evidence leads.



(5) a natural person or a legal person registered by the Ministry of

health care according to § 16 of this Act is to immediately

a binding regulation of the European Communities document production,

exports, imports, 10 k) ^ ^ ^ ^ 10 k 10 k) transit) and each of the placing on the market of assistive

substances referred to in annex 10 of this Act, with the exception of the manufacture and

the placing on the market of potassium permanganate.



(6) the obligation to keep a dossier including a customer Declaration ^ 5f) and

the register does not apply to persons placing on the market of substances listed

in annex 10 of this law, in the event that their total quantity

do not exceed the quantities set out in the calendar year of the Decree of the Ministry of

health care. Furthermore, the obligation to keep the documentation, including the Declaration of the

customer ^ 5f) does not apply to persons placing on the market of permanganate

potassium.



(7) a natural person or a legal person registered by the Ministry of
health care according to § 16 of this Act is to immediately

a binding regulation of the European Communities ^ 10) documenting each

the export of auxiliary substances set out in annex 11 of this Act.



10j) Article. 2 (2). 3 Council Regulation (EEC) No 3677/90.



10 k) article 2 of Council Regulation (EEC) No 3677/90, as amended by Council regulation

(EEC) no 900/92 and Council Regulation (EC) no 988/2002.



10 l) Article. 2 (2). 1 Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EEC) no 900/92. ".



The current paragraph 2 shall be deleted and paragraph 3 shall be renumbered as

paragraph 8.



53. In § 33 at the end of paragraph 1, the words "for a period of 5 years, and in

the case of precursors and auxiliary substances for at least 3 years ^ ^ 10 m) ".



Footnote 10 m) is added:



"10 m) Article. 2 (2). 4 Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EEC) no 900/92. ".



54. In § 34 paragraph 1 reads:



"(1) the checking of compliance with the obligations arising from this Act, and of the

decision issued on its basis shall be exercised by the credentials of the staff



and the Ministry of health),



(b)), the police of the Czech Republic,



(c)) the inclusion in the lands of the regional office,



d) Customs authorities only in matters relating to the cultivation of opium poppy and the

hemp,



(e)) of regional veterinary administrations and Municipal Health Administration in Prague

only in matters of health care

(hereinafter referred to as "inspectors"). ".



55. In article 34, the following paragraph 7 is added:



"(7) for the purposes of control of the cultivation of opium poppy or cannabis are

cadastral authorities customs authorities data from land register

free of charge ".



56. The head of the eighth including title and footnote No. 10n) up to 10 p):



"TITLE VIII



The PENALTIES



section 36



Administrative offences



(1) a legal person or a natural person who, in business or in

direct connection with him, committed misconduct by



and) exercises an activity which requires registration to treatment with

auxiliary substances (§ 3a paragraph 2), without this registration,



(b)) activity, which requires authorization to the treatment of

addictive substances, and precursors (section 4), without this permit, the



(c)) shall indicate false or incomplete information in the application for the authorization to the treatment

with addictive substances, and precursors (section 8)



(d) do not communicate in writing to the Ministry of health) changes to the data, which indicated

in the request for authorization to the treatment of addictive substances, preparations

and precursors, or cessation of the activity, to which it was issued

the authorization to the treatment of addictive substances, and precursors (section 8

paragraph. 9 and 11),



(e) the Ministry of health has notified in writing) the appointment of a representative

the responsible person or the person performing its function, or its function

(§ 9 paragraph 9)



(f)) does a new responsible person within 10 days from the date on which the

the existing responsible person no longer meets the prescribed conditions or

for other reasons, is permanently unable to carry out their function or gives up

the performance features and has requested the Ministry of health about the change of the responsible

the persons referred to in the authorization to the treatment (section 9, paragraph 10),



g) fails to comply with the storage of addictive substances, and precursors,

as well as the equipment for their production, the obligations under section 10,



h) transmit or sell the addictive substances, and precursors to persons

that are not entitled to treat them, or converts to these persons

rights associated with addictive substances, and precursors (section 12, paragraph.

1),



I) passes or sells auxiliary substances referred to in annex 10 of this law

persons who do not submit the transferring or seller questionnaire

statement by special legal regulation ^ 5f) (section 12 (2)),



j) manufactured, imported, exported or sold or precursors of auxiliary substances

referred to in annex 10 of this law and will not secure the designation of these

substances, before placing them on the market with a label indicating their name (§ 12

paragraph. 4),



to the disposal of unusable) does not addictive substances, preparations and

precursors, as well as the waste is tagged under section 14,



l) places the addictive substances and preparations in customs warehouses, free

zones and free skladech7) (para. 15 (b).)



m) be sent to the addictive substances, and precursors as ordinary

the consignment through the mailboxes or to persons who are not

entitled to be treated with drugs (section 15 (b) (c)),



n) prior fails to comply with the obligation of registration or application

for registration shall indicate false or incomplete data (article 16),



do not communicate in writing about) the Ministry of health information changes for

the granting of the registration (section 16 (4)) or the fact that it ceases to

to carry out the activity that was the subject of the registration (section 16 (5)),



p) takes the addictive substances or preparations containing precursors,

or auxiliary substances without an export permit (section 20, 20a and 20b),



q) indicate the false or incomplete information in the case of exports of permanganate

potassium or anhydride of acetic acid [section 20b paragraph 2 (a))],



r) takes the addictive substances or preparations with their content without import

authorization (section 21),



with) a false or incomplete information in the application for an export or import

authorization (section 22),



t) grown (§ 24) species and varieties of the cannabis plant (genus Cannabis), which

may contain not more than 0.3% of the substances from the Group of tetrahydrokanabinolů,

or cultivated plants of the genus Erythroxylon (shrub Kok),



u) takes or makovinu without the import or export without an export

authorisation (article 25),



in the reporting obligations or fails to) report indicating false or

incomplete information (section 26),



w) fails to comply with the obligation in the treatment of addictive substances,

products and precursors, which does not require authorisation for treatment (section

26 paragraph. 2)



x) does not pass the Ministry of health to the fifteenth day of the first month

the calendar quarter, the quarterly reports on the export or import of poppy concentrate

in the past quarter, or in a message stating the false or incomplete

data (section 30)



to fulfil the obligation to register y) and the documentation referred to in section 32 and 33 of this

the law,



from the obligation to fulfil or control) the notification obligation under section 35.



(2) the operator of a pharmacy has committed misconduct by



does not pass the regional authority) to the end of February, the annual reports for the past

the calendar year of the status and movement of stocks of addictive substances listed in

Annex No 1 or 5 of this Act, including products containing,

the exception of the products listed in annex 8 of this Act (section 27),



(b)) shall indicate in the annual reporting on the status and movement of stocks of addictive substances

listed in annex No. 1 or 5 of this Act, including the products

containing, with the exception of the products listed in annex 8 of this

the law, for the previous calendar year (§ 27) false or incomplete

data,



(c) upon termination of the activities of the pharmacy) does not pass the regional authority of the extraordinary

reports on the status and movement of stocks of addictive substances referred to in annex No.

1 or 5 of this Act, including products containing, with the exception of

the products listed in annex 8 of this Act, or in the report shall indicate the

false or incomplete information.



(3) the operator of a pharmacy or a distributor of pharmaceuticals by the administrative

tort by



fails to comply with the obligation to) (section 27a (1)) to report to the 10. January calendar

of the relevant regional Veterinary Administration or Urban Health

subscription management in Prague, preparations containing addictive substances listed in

Annexes 1 and 5 of this Act, with the exception of the products referred to in

Annex No. 8 of this law, veterinary doctors for the past calendar

year,



(b) indicate in the report) (section 27a (1)) of the sampling of products containing

addictive substances listed in the annexes 1 and 5 of this Act, with the exception of

the products listed in annex 8 of this Act, the veterinary surgeons

for the previous calendar year of false or incomplete information.



(4) a person registered for ^ 10n) Ministry of health (section 16), with the

the exception of the vendor of the excipients, committed misconduct by



and does not pass to the Ministry of health) of the end of February for the past

calendar year reporting on the production, export and import of excipients

referred to in annex 10 of this law and on the export of excipients

referred to in annex 11 of this Act [section 28 (1) (a).)]



(b)) does not pass the Ministry of health to the 15th day of the following

the month of monthly reports on exports of auxiliary substances listed in the annexes

No. 10 and 11 of this Act in the cases, which requires export

authorization [section 28 (1) (b))],



(c)) shall indicate in the report on the production, export and import of auxiliary substances referred to

in annex 10 of this Act during the preceding calendar year, and in the reports on the

export of auxiliary substances set out in annex 11 of this law

false or incomplete information [section 28 (1) (a).)]



(d)) shall be shown in the monthly reports on exports of excipients listed in

Annexes 10 and 11 of this Act in the cases, which requires

export permit [section 28 (1) (b))], false or incomplete

data,



(e)) does not pass the Ministry of health for information on stolen auxiliary

substances and other circumstances by prescription immediately binding
Of the European communities, in particular the ^ 10n) unusual orders or

transactions with the other ingredients, which may lead to the suspicion that these

substances intended for import, export or transit may be diverted for the

the illegal production of narcotic drugs or psychotropic substances [section 28 (1)

(a). (d))],



(f)) in their activities does not pass within 30 days from the termination of the activities of the

the extraordinary in the extent laid down in § 28 paragraph. 1 (a). and) or in

reports shall indicate false or incomplete information.



(5) a legal person or a natural person who, in business or in

direct connection with growing opium poppy or cannabis on the total

area greater than 100 m2, committed misconduct by



and fails to comply with the obligation referred to in) section 29,



(b)) shall indicate false or incomplete information in the reports referred to in section 29.



§ 37



The fine



(1) For administrative offences pursuant to § 36 odst. 1 is a legal person, or

a natural person who, in business or in direct connection with him,

saves a penalty to



and 500 000 CZK), with regard to the administrative offences referred to in points (d), (e))), f), (g)),

(h)), i), (j))) l), m), (n)),),),), t, v), w), x), y), and z),



(b)) 1 0000 0000 CZK in the case of administrative offences referred to in points (c)), q)),



(c)) 10 0000 0000 CZK in the case of administrative offences provided for in the letters and), b), p)

r).



(2) For administrative offences pursuant to § 36 odst. 2 the legal person, or

a natural person who, in business or in direct connection with him,

saves a penalty to



and 500 000 CZK), with regard to the administrative offences provided for in the letters) and (c)),



(b)) 1 0000 0000 CZK in the case of administrative offences referred to in subparagraph (b)).



(3) For administrative offences pursuant to § 36 odst. 3 the legal person, or

a natural person who, in business or in direct connection with him,

saves a penalty to



and 500 000 CZK), with regard to the administrative offences pursuant to subparagraph (a)),



(b)) 1 0000 0000 CZK in the case of administrative offences referred to in subparagraph (b)).



(4) For administrative offences pursuant to § 36 odst. 4 a legal person, or

a natural person who, in business or in direct connection with him,

saves a penalty to



and 500 000 CZK), with regard to the administrative offences pursuant to subparagraphs and (b))), e) and (f)),



(b)) 1 0000 0000 CZK in the case of administrative offences referred to in points (c) and (d)).)



(5) For administrative offences pursuant to § 36 odst. 5 is a legal person, or

a natural person who, in business or in direct connection with him,

saves a penalty to



and 500 000 CZK), with regard to the administrative offences pursuant to subparagraph (a)),



(b)) 1 0000 0000 CZK in the case of administrative offences referred to in subparagraph (b)).



section 38



Forfeiture of things



(1) for the administrative offence under section 36 may be a legal person, or the physical

the person in business or in direct connection with the store whether or not

forfeiture of addictive substances, preparations, precursors and auxiliary substances,

the equipment and materials needed for their manufacture, intended or used

for a criminal offence, if the legal person is a member.



(2) in the application of sanctions, confiscation of the things referred to in paragraph 1 shall take into account

in particular, the degree of the severity and extent of the consequences that the breach of the

the obligations caused or might cause, the circumstances in which it

occurred, and the period during which the infringement occurred.



(3) the owner of a forfeited things becomes a State.



section 39



(1) a natural person cultivating opium poppy or cannabis on a total area larger

than 100 m2 commits an offence by



and fails to comply with the notification obligations of) section 29,



(b)) shall indicate false or incomplete information in the reports referred to in section 29.



(2) for the offence referred to in paragraph 1 (b). and you can save into the fine) 100 000

And for the offence referred to in paragraph 1 (b). (b)) can be fine to 200

USD.



section 40



Common provisions on penalties



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the amount of the fine, the legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

competent administrative authority about him has commenced proceedings in the 5 years from the date when the

aware of it, but not later than 10 years from the date when the administrative

the offence was committed.



(4) the administrative tort legal persons according to § 36 odst. 1, with the exception of

the administrative tort according to § 36 odst. 1 (a). (g))), y) and z) committed

in health care facilities, and administrative offence under § 36 odst. 4 in the first

degree discusses the Ministry of health.



(5) the administrative tort legal persons according to § 36 odst. 1 (a). (g)), y, k))

and out of the committed in the health care facility) and the administrative offence under section 36

paragraph. 2 (a). and (b))) and (c)) in the first instance hears regional office.



(6) the administrative tort legal persons according to § 36 odst. 5 (a). and (b)))

offences under section 39, paragraph. 1 (a). and (b))) and in the first instance hearing

the customs authority.



(7) the administrative tort legal persons according to § 36 odst. 3 (b). and (b)))

the first instance dealt with the relevant regional Veterinary Administration or

The city animal health management in Prague.



(8) responsibility for the negotiations, which occurred when the business physical

person ^ 10 °) or in direct connection with the applicable provisions of the

the law on liability of legal persons and sanctions.



(9) the Fines collected and enforced by the authority, which is saved. The decision on the imposition of

fines can be done within 5 years after the expiry of the period specified for their

payment.



(10) the income from fines imposed by the Ministry of health, the customs

authorities, the relevant regional veterinary administrations or Public

veterinary services in Prague is the income of the State budget. Income from

the fines imposed on the regional authority is the income of the region.



(11) in the collection and enforcement of fines imposed by the

special legislation. ^ 10 p)



10n) article 8 of Council Regulation (EEC) No 3677/90.



10o) § 2 of the commercial code.



10 p) Act No. 337/1992 Coll., on administration of taxes and fees, in the text of the

amended. ".



57. Section 41 new section 41a is inserted, including the footnote.

11A):



"section 41a



To natural persons and legal persons when dealing with precursors and

the other ingredients in customs warehouses and free trade

^ 11a) zones are not subject to the provisions of § 4, 16, 20a, 20b, 26 and 28 of this

the law.



11A) article 18 of the United Nations Convention against illicit

trafficking in narcotic drugs and psychotropic substances, the renowned No. 462/1991

SB. ".



58. section 42 including a footnote No. 11b) is added:



"§ 42



In all official documents, commercial documents and forms

must be used in the names of the drugs, precursors and auxiliary substances

According to the annexes of this law. ^ 5 g) in the case of proprietary medicinal products

^ 11b products) with their names indicate only the registered name.



11B) Act No. 79/1997 Coll., on pharmaceuticals and on changes and additions to the

some related laws, as amended. ".



59. In section 43 shall be inserted after paragraph 2 of the new paragraphs 3 to 6 shall be added:



"(3) the Customs authorities shall transmit to the police of the Czech Republic

individual reports of persons producing opium poppy or cannabis in accordance with section 29 of the

as follows:



and information according to § 29) (a). and) to 10. June of the calendar

of the year,



(b) the information referred to in section 29) (a). (b)).



(4) the Customs authorities shall transmit to the Directorate-General of customs duties

individual reports of persons producing opium poppy or cannabis in accordance with section 29 of the

as follows:



and information according to § 29) (a). and) to 10. June of the calendar

of the year,



(b) the information referred to in section 29) (a). (b)) shall, without delay,



(c) the report referred to in section 29) (a). (c)) until 31 December 2006. January for the previous calendar year.



(5) the Directorate-General of customs duties shall be communicated the Ministry of agriculture data



and according to section 29 (b)). and to 20.) June of the calendar year,



(b) under section 29 (b)). (b)) to 31. March for the previous calendar year,



(c) under section 29 (b)). (c)) until 31 December 2006. March for the previous calendar year

on forms issued by the Ministry of agriculture.



(6) the Directorate-General of customs duties, inform the Ministry of health data



and according to section 29 (b)). and to 20.) June of the calendar year,



(b) under section 29 (b)). (c)) until 31 December 2006. March for the previous calendar year

Forms issued by the Ministry of health. ".



The former paragraph 3 shall become paragraph 7.



60. In section 43, paragraph. 7 at the end of subparagraph (c)) shall be replaced by a comma and dot

the following point (d)), which read:



"(d)) shall inform the competent regional authority about the ongoing violations of the obligations

arising from this Act, and of the decisions taken on this

basis. ".



61. in section 43 shall be added to § 43a, including title and notes

line no. 11 c) to 11n) added:



"§ 43a



The scope of the public authorities



(1) the Ministry of health outside of the activities provided for in this law

Furthermore, in the field of addictive substances, preparations, precursors and auxiliary

substances



and monitors the movement of selected) auxiliary substances or precursors,

between the Czech Republic and other countries in the framework of the international

projects,



(b)) shall decide on appeals against the decisions of the Regional Office

in the cases referred to in § 40 paragraph. 5,



(c)) provides the International Narcotics Control Board
1. quarterly data relating to the import and export of narcotic drugs, ^ 11 c)

psychotropic substances ^ 11 d) Annex 5 of this law and of

containing these substances for the past 3 months,



2. once a year to 30. June figures relating to the production, manufacture,

consumption, stocks and seizures of narcotic substances and preparations the quantity

containing these substances for the previous calendar year, ^ 11e)



3. once a year to 30. June data on production, stocks,

imports and exports of psychotropic substances and of products containing these

substances for the previous calendar year, ^ 11f)



4. by 30 June. the June estimate of necessary drugs, ^ 11 g) psychotropic

^ 11) substances and preparations containing these substances on the following

calendar year and their Add-ons ^ 11i) during the calendar year,



(d)) provides the European Commission once a year, according to data immediately

a binding act of the European communities, ^ 11j)



e) performs responsibility in the field of precursors and auxiliary substances in accordance with

immediately to the mandatory provisions of the European communities, 11 k ^ ^)



f) cooperates with the competent authorities of the State of the importer and the exporter.



(2) the police of the Czech Republic



and inform the Ministry of health about) all the important

the facts necessary for the decision of Ministry of health

under this Act, in particular on the ^ 11j) attempts of alienation and estrangement

addictive substances, preparations, precursors and auxiliary substances,



(b)). April for the previous calendar year shall be sent to the Ministry of

health care overview of the quantities withdrawn, ^ 11l) precursors and auxiliary

substances, information on any other substance not included in annexes 9, 10 and 11

This law, which was found to have been used for the illicit manufacture of

narcotic drugs or psychotropic substances, forms, methods and

transport of illicit manufacturing narcotic drugs and psychotropic substances

the use of precursors and auxiliary substances in accordance with the immediately binding

Regulation of the European communities. ^ 11j)



(3) the Ministry of industry and trade



and) cooperates with the Ministry of health according to immediately

a binding regulation of the European communities 11 m ^ ^), 11n) prior to the issuance of

license of the Ministry of industry and trade to exports of permanganate

potassium and of acetic anhydride and general export permit

on the auxiliary substances set out in annex 11 of this Act,



(b)). April for the previous calendar year shall be sent to the Ministry of

Overview of the underlying health of imports and exports of excipients

referred to in annexes 10 and 11 of this Act.



(4) the Customs authorities



and shall inform the Ministry of health about) all the important

the facts necessary for its decision under this Act, ^ 11j)

in particular, on cases of ensure ^ 11o) addictive substances, preparations

precursors and auxiliary substances,



(b)). April for the previous calendar year shall be sent to the Ministry of

health care overview of secured ^ 11o) quantities of precursors and

excipients, details of any other substance not included in the annexes.

9, 10 and 11 of this law, of which it was found that was used to

the illicit manufacture of narcotic drugs or psychotropic substances, forms,

methods and means of the illicit manufacture of narcotic drugs and

with the use of psychotropic substances, precursors and auxiliary substances in accordance with

immediately binding regulation of the European communities, ^ 11j)



(c)) in accordance with European regulation immediately binding

^ twentieth century community) in the case of precursors and auxiliary substances data on

export authorisation,



(d)) shall check the exported quantities of auxiliary substances of annex 11 of this

the law, if they do not exceed the limits laid down by the Ministry of health

the Decree,



e) provide information about the importation or exportation of addictive substances,

products, precursors or auxiliary substances, the Ministry of health.



11 c) Article. 1, 2, 13, 20 and 25 of Decree No. 47/1965 Coll.



11 d) Article. 1 and 2 of the Convention on psychotropic substances declared under no 62/1989

SB.



11e) Article. 1, 2, 13, 20 and 27 of Decree No. 47/1965 Coll.



11F) Article. 1, 2, 3, 12 and 16 of the Convention on psychotropic substances declared under

No 62/1989 Coll.



11 g) Article. 1, 12 and 19 of Decree No. 47/1965 Coll.



11 h) resolutions of the economic and Social Council of the United Nations

No 1981/7.



The implementation of the Convention on psychotropic substances of 1971.



Resolutions of the economic and Social Council of the United Nations.

1991/44.



Prevention of leakage of psychotropic substances list III and IV of the Convention on the

psychotropic substances of 1971 into illicit channels in international

trading.



11i) Article. 12 paragraph. 4 (a). 5 and article. 19 paragraph. 3 Decree No. 47/1965 Coll.



11j) Article. 9 (2). 1 Council Regulation (EEC) No 3677/90.



11 k) Council Regulation (EEC) No 3677/90.



11l) section 79 of the criminal procedure code.



11 m) Article. 5A, paragraph. 3 Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EEC) no 900/92.



11n) article 5 of Commission Regulation (EEC) no 3769/92, as amended by Council regulation

(EEC) no 900/92 and Council Regulation (EC) no 988/2002.



11o) section 309 to 312 of the law No. 13/1993 Coll.



the twentieth century) Article. 4A, paragraph. 6 Council Regulation (EEC) No 3677/90, as amended by regulation

Council Regulation (EC) no 988/2002. ".



62. In paragraph 44. 1, after the words "section 16", the words "paragraph. 1 to 5 ".



63. in annex No 5 is "Amphetamine" is added to column

"The international non-proprietary name (INN) in the Czech language" the word "Amineptin"

and in the column "chemical name" Word

"7-(10, 11-dihydro-5 h-dibenzo [a, d] cyklohepten-5-ylamino) heptanoic

the acid ".



64. Annex No 9 to 11 shall be added:



"Annex No 9 to the Act No. 167/1998 Coll.



Listed in table I PRECURSORS under the United Nations Convention against illicit

trafficking in narcotic drugs and psychotropic substances (communication No. 462/1991 Coll. and

According to the regulation of the European communities immediately binding ^ x))



------------------------------------------------------------------------------------------------------------------------

International non-proprietary name (INN) chemical name of Subheading customs

in the Czech language of the tariff

------------------------------------------------------------------------------------------------------------------------

Ephedrine and) (IR, 2S)-2-methylamino-1-phenyl-1-propanol, 2939 41 000

(b)) (IS, 2R)-2-methylamino-1-phenyl-1-propanol, and), (b))

(c)) of the racemic mixture of substances referred to in (a)

------------------------------------------------------------------------------------------------------------------------

Ergometrin N-[1-(hydroxymethyl) ethyl] D-amide acid diethylamide 2939 61 000

------------------------------------------------------------------------------------------------------------------------

Ergotamine 5 ' Alpha-benzyl-12 '-hydroxy-2 '-methyl-3 ', 6 ', 18-2939 62 000 ergotamantrion

------------------------------------------------------------------------------------------------------------------------

Fenylaceton 1-phenyl-2-propanone 2914 31 000

------------------------------------------------------------------------------------------------------------------------

Piperonal (cis + trans form) 1.2-(methylendioxy)-4-propenylbenzen (mixture of cis + trans form) 2932 91 000

------------------------------------------------------------------------------------------------------------------------

Acid lysergic acid (beta 8) 9-10-didehydro-6-methylergolin-8-carboxylic 2939 63 000

------------------------------------------------------------------------------------------------------------------------

3.4-methylendioxyfenyl-2-propanone 3.4-methylendioxyfenyl-2-propanone 2932 92 000

------------------------------------------------------------------------------------------------------------------------

N-acetylantranilová acid 2-acetamidobenzoic acid 2924 23 000

------------------------------------------------------------------------------------------------------------------------

Norefedrin (phenylpropanolamine) erythro-2-amino-1-phenyl-1-propanol 2939 49 000

------------------------------------------------------------------------------------------------------------------------

Used to synthesise MDA 1.3-benzodioxol-5-karbaldehyd 2932 93 000

------------------------------------------------------------------------------------------------------------------------

Pseudoephedrine and) (1R, 2R)-2-methylamino-1-phenyl-1-propanol, 2939 42 000

(b)) (1S, 2S)-2-methylamino-1-phenyl-1-propanol,

(c) the racemic mixture) substances listed under (a)), (b))

------------------------------------------------------------------------------------------------------------------------

Safrole 4-allyl-1.2-methylendioxybenzen 2932 94 000

------------------------------------------------------------------------------------------------------------------------

Including salt in all cases where the existence of such salts is possible.



Annex No 10 to the Act No. 167/1998 Coll.



AUXILIARY substances listed in table II of the UNITED NATIONS Convention against

illicit traffic in narcotic drugs and psychotropic substances (Notice No.

462/1991 Coll. and by immediately binding regulation of the European

Community ^ x))



------------------------------------------------------------------------------------------------------------------------

International non-proprietary name (INN) chemical name of Subheading customs
in the Czech language of the tariff

------------------------------------------------------------------------------------------------------------------------

Anhydride acetic acid, acetic anhydride 2915 24 000

------------------------------------------------------------------------------------------------------------------------

Anthranilic acid 2-aminobenzoic acid 2922 43 000

------------------------------------------------------------------------------------------------------------------------

Phenylacetic acid, phenylacetic acid 2916 34 000

------------------------------------------------------------------------------------------------------------------------

Potassium permanganate 2841 61 000 potassium permanganate

------------------------------------------------------------------------------------------------------------------------

Piperidin hexahydropyridin 2933 32 000

------------------------------------------------------------------------------------------------------------------------

Including the salts of the substances listed in all cases where the existence of such salts is possible.



Annex No 11 to the Act No. 167/1998 Coll.



AUXILIARY substances listed in table II of the UNITED NATIONS Convention against

illicit traffic in narcotic drugs and psychotropic substances (Notice No.

462/1991 Coll. and by immediately binding regulation of the European

Community ^ x))



------------------------------------------------------------------------------------------------------------------------

International non-proprietary name (INN) chemical name of Subheading customs

in the Czech language of the tariff

-----------------------------------------------------------------------------------------------------------------------

Acetone 2914 11 000 2-propanone

------------------------------------------------------------------------------------------------------------------------

Ether diethyl ether 2909 11 000

------------------------------------------------------------------------------------------------------------------------

Hydrochloric acid hydrochloric acid 2806 10 000

------------------------------------------------------------------------------------------------------------------------

Sulphuric acid sulphuric acid 2807 000 10

------------------------------------------------------------------------------------------------------------------------

Methyl ethyl ketone (MEK) butanone 2914 12 000-2

------------------------------------------------------------------------------------------------------------------------

Toluene 2902 30 000 methyl

------------------------------------------------------------------------------------------------------------------------

Including the salts of the substances listed in all cases where the existence of such salts is possible, with the exception of the acid salts

hydrochloric and sulphuric acid.



x) Article. 1 (1). 1 Council Regulation (EEC) No 3677/90, as amended by regulation

Commission Regulation (EC) No 1232/2002.



Article II



Transitional provisions



1. Initiated the procedure for the registration of which has not been completed to the

date of entry into force of this law shall be completed in accordance with existing

the legislation.



2. Initiated proceedings for penalties, which has not been completed at the date of

the entry into force of this law shall be completed in accordance with the existing laws,

regulations.



3. The obligation referred to in section 29 will meet the person for the first time in 2005.



4. The responsible person provided for prior to the date of entry into force of this Act

It is considered a responsible person under this Act.



Article. (III)



For the publication of the full text of the Act



The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text

Act No. 167/1998 Coll., on addictive substances and amending certain

other laws, as is apparent from subsequent laws.



PART THE SECOND



Amendment of the Act on the establishment of ministries and other central bodies of the State

administration of the Czech Republic



Article IV



Act No. 2/1969 Coll., on establishment of ministries and other central bodies

the State administration of the Czech Republic, as amended by law No 34/1970 Coll., Act

No 147/1970 Coll., Act No. 125/1973 Coll., Act No. 25/1976 Coll., Act

No 118/1983, Coll., Act No. 60/1988 Coll., Act No. 37/1989 Coll., Act

No 173/1989 Coll., legal measures of the Presidium of the Czech National Council No.

9/1990 Coll., Act No. 93/1990 Coll., Act No. 126/1990 Coll., Act No.

203/1990 Coll., Act No. 288/1990 Coll., legal measures of the Bureau

The Czech National Council No. 305/1990 Coll., Act No. 575/1990 Coll., Act No.

173/1991 Coll., Act No. 283/1991 Coll., Act No. 19/1992 Coll., Act No.

23/1992 Coll., Act No. 103/1992 Coll., Act No. 167/1992 Coll., Act No.

239/1992 Coll., legal measures of the Presidium of the Czech National Council No.

350/1992 Coll., Act No. 357/1992 Coll., Act No. 359/1992 Coll., Act No.

474/1992 Coll., Act No. 548/1992 Coll., Act No. 21/1993 Coll., Act No.

166/1993 Coll., Act No. 285/1993 Coll., Act No. 47/1994 Coll., Act No.

89/1995 Coll., Act No. 289/1995 Coll., Act No. 135/1996 Coll., Act No.

272/1996 Coll., the Act No. 152/1997 Coll., Act No. 15/1998 Coll., Act No.

148/1998 Coll., Act No. 63/2000 Coll., Act No. 130/2000 Coll., Act No.

154/2000 Coll., Act No. 204/2000 Coll., Act No. 239/2000 Coll., Act No.

257/2000 Coll., Act No. 258/2000 Coll., Act No. 365/2000 Coll., Act No.

458/2000 Coll., Act No. 257/2001 Coll., Act No. 13/2002 Coll., Act No.

47/2002 Coll., Act No. 219/2002 Coll., Act No. 517/2002 Coll., Act No.

62/2003 Coll., Act No. 162/2003 Coll. and Act No. 18/2004 Coll., amended

as follows:



1. In section 10, paragraph 1. 1, after the words "in direct managing competence"

the words ", the treatment of addictive substances, preparations, and precursors

the other ingredients ".



2. In section 10, the following paragraph 3 is added:



"(3) the organizational part of the Health Ministry's Inspectorate

narcotic drugs and psychotropic substances ".



PART THE THIRD



The EFFECTIVENESS of the



Article. In



This Act shall take effect on the first day of the first month following

After the date of its publication, with the exception of the provisions of the article. I, points 48, 54, if

as for section 34 paragraph. 1 (a). (d)), 55, 56, as regards § 40 paragraph. 6, and 59,

which shall take effect on 1 January 2005. January 1, 2005.



Zaorálek in r.



Klaus r.



Spidla in r.