Key Benefits:
The Minister Delegate to Industry,
Given the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, in particular Article 12, adopted in Vienna on 19 December 1988, and Law No. 90-584 of 2 July 1990 authorising the approval of this Convention;
Having regard to Convention No 108 of 28 January 1981 of the Council of Europe for the protection of persons with regard to the automatic processing of character data 82-890 of 19 October 1982 authorising the approval of this Convention;
Having regard to Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade in drug precursors between the Community and third countries;
Having regard to Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors;
In the light of the law n ° 78-17 of 6 January 1978 relating to computers, files and Freedoms;
In view of Act No. 96-542 of 19 June 1996 on the control of the manufacture and trade of certain substances that may be used in the illicit manufacture of narcotic drugs or psychotropic substances;
Decree No. 96-1061 of 5 December 1996 on the control of the manufacture and trade of certain substances capable of being used for the illicit manufacture of narcotic drugs or psychotropic substances;
In view of the order of 11 March 1993 Establishing a national chemical precursor control mission;
In the light of the Decree of 10 December 1996 on the control of the manufacture and trade of certain chemical substances which may be used in manufacturing Illegal narcotic drugs or psychotropic substances;
Given the letter from the National Commission on Informatics and Freedoms dated 18 February 2005, number 698723,
Stop:
It is hereby created at the Enterprise Directorate-General an automated processing of nominative information, called Scoop, relating to trade surveillance and Operations on precursor chemicals of narcotic drugs or psychotropic substances implemented by the National Chemical Precursor Control Mission (MNCPC).
Treatment assures:
-training and follow-up Applications for authorisation and declarations of premises which are filed by the operators involved in trade in certain classified substances;
-the operation and transmission to the competent services of information relating to the Transactions presenting risks of diversion of any substance that may be used for the illicit manufacture of narcotic drugs or psychotropic substances, in particular those arising from statements of suspected operators, Foreign authorities or European or international organisations.
Nominal information categories Registered are:
1. For registration applications:
-the list of substances (name, CAS* numbers and NC* * codes) for which approval is requested;
-the type or types of operations planned (manufacturing, processing, acquisition, storage, Provision of third parties for consideration, making available to third parties free of charge, importation, exportation, transit);
-coordinates of the site (s) concerned by the requested authorisation;
-name, quality, business address and
2. For local declarations:
-the list of substances (name, CAS* numbers and NC* * codes) for which approval is requested;
-the address, telephone number, and, If it exists, the fax number;
-the list of 2nd and 3rd category substances concerned;
-the type of activity concerned;
-the name, quality, business and electronic address of the responsible natural persons, when This information is available.
3. For persons suspected of chemical diversion:
-identity or social reason, SIREN number, nationality, date and place of birth, address, including e-mail address, telephone, fax, profession, registration of Vehicles;
-information relating to possession or trafficking of drugs.
The recipients of the information are :
1. For applications and declarations of premises:
-the authorized officers of the MNCPC;
-the Central Directorate of the Judicial Police (Central Office for the Suppression of the Illicit Traffic in Narcotic Drugs) and the Directorate-General Customs and indirect rights (national intelligence and customs investigation), as appropriate;
-the competent national authorities of foreign countries with which French operators are required to maintain Commercial relations.
2. For suspected hijacking:
-the aforesaid police and customs services;
-the Commission of the European Communities and the competent national authorities of the foreign countries;
-the unit European precursor investigation, near EUROPOL;
-International Narcotics Control Board (INCB).
3. Data protection rules:
For transfers of information to foreign services, the MNCPC ensures that the data transmitted are relevant to the agreements concluded and the existence, at destination, of guarantees Equivalent to those of internal data protection law.
The information mentioned in the Paragraphs 1 and 2 of Article 2 shall be retained for four years.
The information referred to in paragraph 3 of Article 2 shall be retained for five years. Where such information results in the initiation of judicial proceedings, they shall be retained until the end of the year following the issuance of a final judgment.
Access and correction rights are exercised:
-for the information mentioned in 1 and 2 of Article 2, with the MNCPC, in accordance with Article 34 et seq. Of the Act of 6 January 1978 referred to above;
-for the information referred to in Article 2, paragraph 3, with the National Commission on Informatics and Freedoms, in accordance with Article 39 of the same Law.
The right of opposition provided for in Article 26 of the aforementioned Law of January 6, 1978 does not apply to this processing.
The Director General of Companies is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done at Paris, April 21, 2005.
Patrick Devedjian
