Key Benefits:
Minister of Economy, Industry and Employment,
Considering the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including article 12, adopted at Vienna on 19 December 1988, and article 12, Act No. 90-584 of 2 July 1990 authorizing the approval of this Convention;
Considering Council of Europe's Convention No. 108 of 28 January 1981 for the Protection of Persons with regard to the automated processing of personal data and Act No. 82-890 of 19 October 1982 authorizing the approval of this Convention;
Considering Regulation (EC) No 273/2004 of the European Parliament and the Council of 11 February 2004 on precursors of drugs;
Having regard to Council Regulation (EC) No. 111/2005 of 22 December 2004 establishing rules for the monitoring of trade in precursor drugs between the Community and third countries;
Vu la Act No. 78-17 of 6 January 1978 modified in relation to computer science, files and freedoms, including articles 26 and 27;
Vu la Act No. 96-542 of 19 June 1996 amended to control the manufacture and trade of certain substances that may be used for the illicit manufacture of narcotic drugs or psychotropic substances;
Vu le Decree No. 96-1061 of 5 December 1996 the control of the manufacture and trade of certain substances that may be used for the illicit manufacture of narcotic drugs or psychotropic substances;
Considering the decision of 11 March 1993 to establish a national chemical precursor control mission;
Considering the decision of 10 December 1996 on the control of the manufacture and trade of certain chemical substances that may be used for the illicit manufacture of narcotic drugs or psychotropic substances;
Considering the referral of the National Commission for Informatics and Freedoms of 21 April 2009,
Stop it!
It is created at the General Directorate of Competitiveness, Industry and Services (DGCIS) an automated processing of name information, known as Scoop, on the monitoring of trade and operations on precursor chemicals of narcotics or psychotropic substances that is implemented by the National Mission for the Control of Chemical Precursors (MNCPC).
The treatment ensures:
- the instruction and follow-up of applications for registration, declarations of premises and declarations of flows of precursor products that are deposited by the operators involved in the trade of certain classified substances;
– the provision of a teleservice that allows the company to make its annual statement of precursor product flows, to consult its account and to receive management alerts;
― the operation and transmission to the competent services of information relating to transactions with risks of diversion of any substance that may be used for the illicit manufacture of narcotic drugs or psychotropic substances, including those that arise from statements of suspicion of operators, foreign authorities or European or international organizations.
The categories of information registered are:
1. For applications for accreditation:
- the list of substances (name, CAS numbers [*] and NC codes [**] for which approval is requested;
― the type or types of planned transactions (manufacture, processing, acquisition, storage, disposal of third parties on an expensive basis, provision of third parties on a free basis, import, export, transit);
- the coordinates of the site(s) affected by the requested accreditation;
― the name, quality, professional and electronic address of responsible natural persons.
2. For local statements:
- the list of substances (name, CAS numbers [*] and NC codes [**] for which approval is requested;
the address, telephone number and, if available, fax number;
- the list of substances of 2nd and 3rd category concerned;
the type of activity involved;
― the name, quality, professional and electronic address of the responsible natural persons, when this information is available.
3. For the annual declaration of precursor product flows:
― the contact information of the reporting company, membership in the commitment charter and observations;
― the name, quality, professional and electronic address of responsible natural persons;
- for each flow of substance, quantity, type of operation, name and country of the partner company concerned, period;
―for users of the declaration teleprocedure, the identifier and the password used.
4. For persons suspected of diversion of chemicals:
identity or social reason, SIREN number, nationality, date and place of birth, address, including e-mail address, telephone, fax, occupation, registration of vehicles;
- information on drug detention or trafficking.
The responsible natural person has access through the company's account to the information referred to in paragraphs 1, 2 and 3 of Article 2.
The recipients of the information are:
1. For the annual declaration of precursor product flows:
The authorized officers of the MNCPC.
2. For applications for registration and local statements:
- the authorized officers of the MNCPC;
- the central direction of the judicial police (central office for the suppression of illicit drug trafficking) and the general direction of customs and indirect rights (national direction of intelligence and customs investigations), as necessary;
– the competent national authorities of foreign countries with which French operators are obliged to maintain trade relations.
3. For suspicions of diversion:
- the aforementioned police and customs services;
the Commission of the European Communities and the competent national authorities of foreign countries;
- the European Unit of Investigations on Precursors, near EUROPOL;
the International Narcotics Control Board (ICSO).
4. Data protection rules:
For transfers of information to foreign services, the MNCPC ensures that the data transmitted is relevant to the agreements entered into and the existence, at destination, of guarantees equivalent to those of domestic law in the protection of personal data.
The information referred to in paragraphs 1, 2 and 3 of Article 2 shall be retained for four years.
The information referred to in paragraph 4 of Article 2 shall be retained for five years. When this information leads to the commencement of judicial proceedings, it is retained until the end of the year following the final judgment.
The rights of access and rectification are exercised:
- for the information referred to in paragraphs 1, 2 and 3 of Article 2, to the MNCPC, in accordance with sections 39 and following of the law of January 6, 1978 referred to above;
- for the information referred to in Article 2, paragraph 4, to the National Commission for Information and Freedoms, in accordance with Article 41 of the Act.
The right of opposition provided forArticle 38 of the Act of 6 January 1978 referred to above does not apply to this treatment.
The Order of April 21, 2005 establishing automated treatment for drug precursor monitoring is repealed.
The Director General of Competitiveness, Industry and Services is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, March 31, 2010.
For the Minister and by delegation:
Chief of Industry Service,
Y. Robin
