Narcotics Trade Regulation

Original Language Title: Betäubungsmittel-Außenhandelsverordnung

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Narcotics External Trade Regulation (BtMAHV)

Unofficial Table Of Contents

BtMAHV

Date Of Departure: 16.12.1981

Full Quote:

" Narcotics Trade Ordinance of 16. December 1981 (BGBl. 1420), as last amended by Article 3 of the Regulation of 19 December 2008. June 2001 (BGBl. I p. 1180) "

:Last modified by Art. 3 V v. 19.6.2001 I 1180

See Notes

Footnote

(+ + + text evidence: 1.1.1982 + + +) for more details on the stand specification. name="BJNR014200981BJNE000700312 " />Non-Official Table of Contents

Input Formula

Based on Section 11 (2) of the Narcotics Act of 28 January 2007. July 1981 (BGBl. I p. 681) decreed the Federal Government:

I.
Imports

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§ 1 Import Application

(1) Anyone wishing to import narcotics shall apply for an import permit from the Federal Institute for Medicinal Products and Medical Devices for each import consignment using an official form.(2) The applicant shall provide the following information on the application for import:
1.
BtM number, name or company name and address of the importer; in the case of a importer with several premises, BtM-number and address of the importing establishment,
2.
name or company and address the non-resident exporter and the BtM number and the name of the exporting country,
3.
for each anesthetic to be introduced:
a)
pharmacy-central-number, if known,
b)
Number of Package Units,
c)
Package Unit (for substances and undivided preparations) Quantity by weight, in the case of divided preparations, the number of pieces),
d)
Name of the anesthetic agent; in addition:
-
for split preparations the dosage form and the weight of the pure substance contained in Milligrams per form,
-
in the case of undivided preparations, the dosage form and the weight of the pure substance contained in each of the preparations. Package unit,
-
for raw, uncleaned and undivided narcotics, the weight percentage of the pure Fabric
4.
the designated transport path, as well as the names and addresses of the carriers,
5.
a)
on import from a state, who is not a member of the European Union, the name and address of the customs office which is to be introduced pursuant to § 4 sentence 1,
b)
on importation a Member State of the European Union, the words "EU trade in goods"
6.
if the narcotics are to be stored under customs control, The name and address of the warehouse and the name and address of the warehousekeeper or warehousekeeper.
(3) In the case of transit through certain and manufactured narcotics, the import application shall be subject to the export licence or To accompany the export declaration of the exporting country which has accompanied the narcotic agents. The Federal Institute for Drugs and Medical Devices shall return these to the competent authority of the exporting country responsible for the control of narcotic drugs. Non-official table of contents

§ 2 reasons for failure

(1) The Federal Institute for Medicinal Products and Medical Devices has failed to approve the import permit, if the import of the narcotic agent to a financial institution is to be made available to a person other than that of the importer or to a mailbox, or is a narcotic agent of Appendix I of the Narcotics Act and under the conditions laid down in shall be stored under customs control.(2) The Federal Institute for Medicinal Products and Medical Devices shall also fail to approve the import authorisation or to restrict the amount of the narcotic agent to be imported if the import is not within the framework of the International Narcotics Control Board , unless proof is provided by the importer that this anesthetic is intended either for re-export or for the purpose of an estimate of the amount of this stunning product, it may be carried out for the purpose of re-export. Medical treatment is essential.(3) The Federal Institute for Medicinal Products and Medical Devices may refuse import authorisation if the safety or control of the movement of narcotic drugs is not guaranteed. Non-official table of contents

§ 3 Import approval

(1) The Federal Institute for Medicinal Products and Medical Devices shall grant the import permit at: Use of official forms in triplicate. It shall send two copies to the importer and a copy of the export control authority of the exporting country responsible for the control of narcotics.(2) The import authorisation shall not be transferable. It shall be limited to a maximum of three months and, in the case of imports to be carried out by sea, to a maximum of six months. The time limits may be extended upon application if the importer proves that the narcotic drugs are already on the transport. Non-official table of contents

§ 4 import clearance

Narcotic drugs may only be used by a customs office designated by the Federal Minister of Finance be introduced. They shall be notified to this customs office, upon presentation of a copy of the import permit, and shall be presented on request. This provision shall not apply to imports from a Member State of the European Union. Non-official table of contents

§ 5 Storage under customs control

The import permit is only used for storage under customs control Where surveillance is authorised, the narcotics may only be stored in a customs office, a customs union or a free port. The stored narcotic agents must not be subjected to any treatment which is likely to alter the nature, packaging or marking. They may only be executed in accordance with the provisions of § § 7 to 12. If the narcotics are to remain within the scope of the Narcotics Act, the written consent of the Federal Institute for Medicinal Products (Bundesinstitut für Arzneimittel und Bundesinstitut für Arzneimittel und Bundesinstitut für Arzneimittel und Bundesinstitut für Arzneimittel und dem Bundesinstitut für Arzneimittel und dem Bundesinstitut für Arzneimittel und dem Freihafen) is Medical devices required. Non-official table of contents

§ 6 Import display

(1) The importer has the import to the Federal Institute for Drugs and Medical Devices to be notified without delay and the indication of the information corresponding to the actual import according to Article 1 (2), the number and the date of issue of the import authorisation and the date of importation. The import notification shall be accompanied by the import permit issued with a customs clearance notice. An official form shall be used for the display.(2) The second sentence of paragraph 1 shall not apply to imports from a Member State of the European Union. In such a case, the importer shall, on the back of the import authorisation to be annexed, give the following information in the field provided for the customs clearance entry:
a)
Number and issue date of the trade bill or packing list and
b)
The number and date of issue of the freight document together with the carrier
and the commercial invoice or packing list of the import permit in copy.(3) If the narcotics are not introduced within the time limit specified in the import authorisation, this shall be notified immediately to the Federal Institute for Drugs and Medical Devices. The display must be accompanied by the import permit.

II.
Export

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§ 7 Export application

(1) Anyone who wishes to execute narcotics has an export licence to the Federal Institute for Medicinal Products and Medical Devices for each export programme using an official form. apply.(2) The applicant shall indicate on the export request the following information:
1.
BtM number, name or company name and address of the exporter; in the case of a exporter with several premises, BGA-number and address of the operating establishment,
2.
name or company and address the non-resident importer, the shipping address as well as the BtM number and name of the importing country,
3.
number and date of issue of the import permit, and designation and address of the issuing authority of the importing country,
4.
for any narcotic to be carried out:
a)
pharmacy-central-number, if known,
b)
Number of Package Units,
c)
Package Unit (for substances and undivided preparations) Quantity by weight, in the case of divided preparations, the number of pieces),
d)
Name of the anesthetic agent; in addition:
-
for split preparations the dosage form and the weight of the contained pure substance in Milligrams per form,
-
in the case of undivided preparations, the dosage form and the weight of the pure substance contained in each of the preparations. Package unit,
-
for raw, uncleaned and undivided narcotics, the weight percentage of the pure Fabric
5.
The number and type of packages in which the narcotics are to be executed and the types of packaging that are attached to them. Markers,
6.
Transport path, names and addresses of carriers,
7.
a)
on export to a non-member state, name and address the customs office which is to be carried out in accordance with the first sentence of Article 11 (1),
b)
on exportation to a Member State of the European Union "EU trade in goods"
8.
insofar as the narcotic agents are stored under customs supervision, the name and address of the warehouse and the name and address of the Storage holder or warehousekeeper.
(3) The export application shall be accompanied by the import authorization of the importing country authority responsible for the control of narcotic drugs. It must comply with the formal requirements of the international substandard income even if the importing country has not acceded to this Convention.(4) If, for the purpose of transit, specific and manufactured narcotics are to be diverted to a destination other than the country of destination indicated in the accompanying export authorisation or export declaration, or returned to the exporting country, the The export application shall be accompanied by this export permit or an export declaration. The Federal Institute for Drugs and Medical Devices shall return these to the competent authority of the exporting country responsible for the control of narcotic drugs. Non-official table of contents

§ 8 Reasons

(1) The Federal Institute for Medicinal Products and Medical Devices has failed to approve the export authorisation, if
1.
the export of narcotics to a financial institution at the disposal of a person other than that of the the non-resident consignee or a post box,
2.
is a narcotic agent of Appendix I of the Narcotics Act, which is used for storage in a customs warehouses of the importing country,
3.
to be exported for storage in a customs warehouse of the importing country, and in which: Import permit the storage of the consignment in a customs warehouse is not approved,
4.
the export application no or none of the formal requirements of the international Import licence corresponding to a foreign import licence,
5.
the importing country of the Federal Republic of Germany via the Secretary-General of the
theInstitute for Medicinal Products and Medical Devices (Bundesinstitut für Arzneimittel und Medizinprodukte) has also failed to authorise the export authorisation or the quantity of the narcotic to be exported to the United Nations. where the export cannot be carried out within the limits of the country of import's estimate of the country of import declared by the International Narcotics Control Board, unless it is indicated in the import authorisation that the In the case of anesthetic agents for re-export, the performer is required to prove that the anesthetic is indispensable for the treatment of a patient.(3) The Federal Institute for Medicinal Products and Medical Devices may refuse the export authorisation if there are reasonable grounds for suspecting that the narcotic agent in the importing country is not intended for medical, scientific or other permitted purposes or if the safety or control of the movement of narcotic drugs is not guaranteed. Non-official table of contents

§ 9 Export approval

(1) The Federal Institute for Medicinal Products and Medical Devices grants the export permit at: Use of official forms in triplicate. It shall send two copies to the exporter and to the competent authority of the importing country responsible for the control of narcotic drugs.(2) The export authorisation shall not be transferable. It shall be limited up to the expiry of the import authorisation of the importing country, but not more than three months. Non-official table of contents

§ 10 Labelling

For export, certain narcotics are included in the trade bills, delivery notes, loading lists, To designate shipping and customs documents in accordance with § 14 (1) sentence 1 of the Narcotics Act. In the commercial invoice and the delivery note, the markings on the packages and the numbers and exhibition data of the export licence and the associated import permit shall be indicated. The Federal Institute for Drugs and Medical Devices may, on a case-by-case basis, grant exemptions if this is necessary in accordance with the rules of the importing country. Non-official table of contents

§ 11 Export production

(1) Narcotic drugs may only be used by a customs office designated by the Federal Minister of Finance run. They shall be notified to this customs office on presentation of a copy of the export authorisation and shall be presented on request. This provision shall not apply to exports to a Member State of the European Union.(2) A further copy of the export authorisation shall be attached to the shipping documents. It accompanies the narcotics into the importing country. Non-consignments of stun goods shall not be dispatched or dispatched. Non-official table of contents

§ 12 Export display

(1) The exporter has the export to the Federal Institute for Drugs and Medical Devices display immediately and provide the indication with the information corresponding to the actual export in accordance with Section 7 (2) No 1 to 7, the number and date of issue of the export authorisation and the export date. The export notification shall be accompanied by the export authorisation issued with a customs clearance note. An official form shall be used for the display.(2) The second sentence of paragraph 1 shall not apply to exports to a Member State of the European Union. In such a case, the exporter shall, on the back of the export authorisation to be annexed, give the following information in the field designated for the customs clearance entry:
a)
Number and issue date of the trade bill or packing list and
b)
The number and date of issue of the freight document together with the carrier's specification
and the trade invoice or packing list of the export permit.(3) If the narcotics are not carried out within the time limit specified in the export authorisation, this shall be notified immediately to the Federal Institute for Drugs and Medical Devices. The display must be accompanied by both copies of the export permit.

III.
transit

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§ 13

(1) Narcotic agents may not be subject to the provisions of the Narcotics Act only under customs supervision without further than the stay-related stay and without the cover the narcotic agent is actually available to the person carrying out or to a third person at any time when the person is being put. They must not be subjected to any treatment during transit, which is suitable for changing the nature, labelling, packaging or markings. Customs supervision is not required in the case of the movement of narcotic drugs with a Member State of the European Union.(2) Where narcotic agents are not accompanied in transit by the export authorisation or export declaration of the exporting country prescribed in accordance with the international drug transfer income, they may only be accompanied by the approval of the Federal Institute of Technology (Bundesinstitut) for medicinal products and medical devices for transit.(3) For the transit of certain narcotic drugs, only one customs office designated by the Federal Minister of Finance in and out of the scope of the Narcotics Act may be moved to the customs office. They shall be notified to these customs authorities, on presentation of the export authorisation or export declaration of the exporting country accompanying them, or the approval of the Federal Institute for Medicinal Products and Medical Devices referred to in paragraph 2, and on request. . This does not apply to the movement of narcotic drugs with a Member State of the European Union.(4) For the transit of narcotic narcotics, only
1.
according to this purpose shall be allowed to modify this purpose. the provisions of § § 1 to 6 or
2.
in accordance with the provisions of § § 7 to 12 in a case other than the one mentioned in the export permit or export declaration
() The provisions of paragraphs 2 to 4 shall not apply to the transit of narcotic drugs in the case of an intermediate landing in the air transport sector or in the case of landings in the maritime transport sector, where the Do not unload anesthesia from the aircraft or the seagoing ship.

IV.
Exceptions

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§ 14 Import and export within the framework of international cooperation

(1) Federal and state authorities may use narcotics for the field of their service They shall also introduce or carry out activities and the authorities responsible for the investigation of narcotic drugs in accordance with the simplified procedures laid down in paragraphs 2 to 4. The provisions of § § 1 to 12 shall not apply to this extent.(2) On importation, the importer shall have the foreign export licence or the corresponding foreign export declaration, with a confirmation of the type and quantity of the narcotics received, the date of receipt, his signature and his/her signature and the quantity of the narcotic. The Federal Institute for Medicinal Products and Medical Devices (Bundesinstitut für Arzneimittel und Medizinprodukte) should be sent immediately.(3) In order to export the narcotic products, the exporter shall make an export declaration using an official form in five-person copies. The export declaration shall provide the following information:
1.
Name and address of the Exporter,
2.
Name and address of the non-resident importer as well as the name of the importing country,
3.
quantity and name of the narcotics,
4.
intended for export,
5.
Transport path and carrier,
6.
Name and address of the narcotics control Authority of the importing country.
(4) Of the copies referred to in paragraph 3, the first copy shall accompany the narcotic agents in the importing country. The second and third copy shall be accompanied by the date of dispatch and shall be sent without delay to the Federal Institute for Medicinal Products and Medical Devices, which shall forward a copy of the authority referred to in paragraph 3 (6). The exporter shall send out the fourth copy to the non-resident importer. The fifth copy shall be provided by the exporter with the date of dispatch and shall be kept for three years from the date of the date of issue. Non-official table of contents

§ 15 Simplified cross-border traffic

(1) The provisions of § § 1 to 12 shall not apply to: Preparations of the substances listed in Annexes II and III of the Narcotics Act, which are either
1.
by physicians, dentists or veterinarians for the authorised medical, dental or veterinary practice or for the first aid in appropriate quantities or
2.
quantities due to other persons in the duration of the journey, due to medical prescription or certificate for their own needs
in the shall be carried out with international transport.(2) The provisions of § § 1 to 12 shall also not apply to narcotic drugs if they are used in appropriate quantities as equipment for the first assistance or for other urgent cases in buses, trains, aircraft or Ships in international traffic are carried along.(3) The provisions of § § 7 to 12 shall not apply to narcotics which may be used in the event of a disaster by aid organizations, manufacturers or other suppliers who have a corresponding permit in accordance with § 3 (1) of the Narcotics Act. possess, based on the Model Guidelines for the International Provision of Controlled Medicines for Emergency Medical Care of the World Health Organization (document WHO/PSA/96.17; World Health Organization, 1211 Geneva 27, Switzerland)

V.
Administrative Offences

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§ 16

Administrative Offences as defined in Section 32 (1) (6) of the Narcotics Act, who intentionally or negligently
1.
contrary to § 1 para. 2 or § 7 para. 2 in the import or export request, incorrect or incomplete information is made or
2.
contrary to § 6 para. 1 sentence 1 or para. 2 sentence 2 or § 12 para. 1 sentence 1 or para. 2 sentence 2, the entry or export notification or the import or export permit is not, not correct or not completely with the information specified there.

VI.
Final rules

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§ 17 Competent Customs Offices

The Federal Minister of Finance announcates in the Federal Gazette the customs offices where drugs are used for import, export and import Transit shall be carried out. Unofficial table of contents

§ 18 Other regulations

The Federal Institute for Medicinal Products and Medical Devices gives the official forms according to § 1 1, § 6 (1) sentence 3, § 7 para. 1, § 9 para. 1 sentence 1, § 12 para. 1 sentence 3 and § 14 para. 3 sentence 1, and makes them known in the Federal Gazette. It assigns the BtM numbers to the importers or exporters in accordance with § 1 para. 2 No. 1 and § 7 para. 2 no. 1, makes the BtM numbers of the importing and exporting countries according to § 1 para. 2 No. 2 and § 7 para. 2 No. 2 and the pharmaceutical central numbers according to § 1 para. 2 no. 3 Point (a) and § 7 (2) (4) (a) of the anesthesia in the Federal Gazette. Non-official table of contents

§ 19 Berlin clause

This regulation applies in accordance with Section 14 of the Third Transfer Act in conjunction with § 41 sentence 2 of the Anaesthesiological law also in the Land of Berlin. Non-official table of contents

§ 20 Entry into force

(1) This Regulation occurs on the 1. January 1982 in force.(2) (3)