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For The Illicit Manufacture Of Narcotic Drugs And Psychotropic Substances And To The Legitimate Movement Of Medicinal Products Order

Original Language Title: Par narkotisko un psihotropo vielu un zāļu likumīgās aprites kārtību

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The Saeima has adopted and the President promulgated the following laws: for the illicit manufacture of narcotic drugs and psychotropic substances, the procedure for the legal movement of chapter I. General provisions article 1. The law is applied in the following terms: 1) movement — the illicit manufacture of narcotic drugs and psychotropic substances in import, export, transit, production, distribution, research and development;
2) exports, the illicit manufacture of narcotic drugs and psychotropic substances, physical movement from the territory of Latvia, on the territory of another country, crossing the customs border;
3): the illicit manufacture of narcotic drugs and psychotropic substances, physical movement from the territory of another State on the territory of Latvia, crossing the customs border;
4) distribution: the illicit manufacture of narcotic drugs and psychotropic substances of item storage, sale or transfer for use free of charge;
5) consignee: a natural or legal person to whom the Ministry of welfare is being delivered to the drug control Committee under the supervision of existing drugs, psychotropic substances and precursors listed in the plant, substance or drug. This person may not be received plant, substance or drug users;
6) narcotic drugs and psychotropic drugs — medicines that consists of the narcotic drugs and psychotropic substances authorised for use in medical or scientific purposes in accordance with the laws and regulations governing the pharmaceutical activities;
7) Narcotic Drugs: substances which are classified according to 30 March 1961, to the Joint Convention on the narcotic substances and the 1972 Protocol amending the 1961 Single Convention of 30 March on national drugs and included in the Ministry of welfare drug control Committee under the supervision of existing drugs, psychotropic substances and precursors;
8) illegal movement (illegal turnover), any of the provisions of this law appropriate action with the narcotic and psychotropic substances;
9) precursors, substances that can be used in the illicit manufacture of narcotic drugs or psychotropic substances, which are classified according to the December 20, 1988 UN Convention against illicit traffic in narcotic drugs and psychotropic substances included in the turnover and the Welfare Ministry's drug control Committee under the supervision of existing drugs, psychotropic substances and precursors list IV list;
10) psychotropic substances: substances which are classified according to 21 February 1971 Convention on psychotropic substances and the Welfare Ministry included drug control Committee under the supervision of existing drugs, psychotropic substances and precursors;
11) transit: the illicit manufacture of narcotic drugs or psychotropic substances through the territory of Latvia, if Latvia is neither the substance nor the importer exporter.
 
2. article. This law aims to identify the illicit manufacture of narcotic drugs and psychotropic substances and to prevent the movement of this substance getting into illicit circulation and to establish responsibility for the violations of this law.
 
Chapter II. The illicit manufacture of narcotic drugs and psychotropic substances classification article 3. (1) plants, substances and drugs which in international conventions or under them are classified as narcotic drugs or psychotropic substances, or may use these substances, and any other plants, substances and the abuse of drugs, which may endanger health include the Ministry of welfare drug control Committee under the supervision of existing drugs, psychotropic substances and precursors. Depending on the plant, substance and drug abuse of the use of the degree of danger they divided into four lists.
(2) the list shall be drawn up draft Ministry of welfare drug control Committee and approved by the Cabinet of Ministers. (I) are included in the list of especially dangerous prohibited narcotic drugs and psychotropic substances recognized. List II contains very dangerous narcotic drugs and psychotropic substances recognized as allowed for use for medical and scientific purposes. (Iii) is included in the list of dangerous psychotropic substances, which can be used for malicious purposes. (IV) list contains precursors, which can be used in the illicit manufacture of narcotic drugs or psychotropic substances, and which is governed by the law of the movement Of precursors.
(3) plants indicates their botanical names, substances, the international non-proprietary names or, if these do not exist – chemical names. If the substance or mixture consists of one class II or III substances included in the list, or more of the following substances, applicable in the conditions relating to this mixture or constituting the stricter drug controlled substances.
4. article. Medication or other mixtures containing any of list II or III substances, but no or minimal the abuse because they contain substances not easily separable in such quantities that can be abused, the individual may exempt from this law measures providing for checks by the Ministry of welfare. This Ordinance shall be those control measures, of which drugs or other mixes are released.
 
Chapter III. (I) prohibited listed plants and medicinal substances article 5. Forbidden to grow, produce, import, export, distribute, transport, store, transfer, whether for consideration or not, to purchase and use, as well as to send through the territory of Latvia are included in list I of the plants, substances and medicines.
 
6. article. (1) prohibited in Latvia to grow opium poppies, poppies, the oil tree bushes and cannabis. Agricultural or other land owner or tenant is obliged to destroy their land areas growing opium poppies, poppies, tree oil to Bush.
(2) the limited industrial and horticultural purposes hemp (fibre and seed acquisition) and poppy cultivation in the order determined by the Cabinet of Ministers.
 
7. article. Natural and legal persons of the cabinet order can receive welfare Ministry's drug control Committee permission to (I), as well as (II) and (iii) the list of substances of plant breeding, and production or imports of medicinal use and storage in quantities which do not exceed the medical or scientific research or training purposes necessary. The person who received such permission, in the accounting books of the Decade, the stored captures what plants, substances and medicinal products, and in what amounts so obtained, produced, imported, used and disposed of, indicating the date of the transaction, as well as suppliers. Authorised persons are obliged to submit annually to the Ministry of welfare drug control Committee report on used or destroyed and the inventory of existing substances.
 
Chapter IV. Licensing the operation on list II and III substances and medicinal products article 8. As regards list II and III substances and medicinal products apply the same conditions put medicine and veterinary use substances and medicinal products in so far as it is not contrary to this Act.
 
9. article. (1) (II) and (iii) substances included on the list and the movement of medicinal products may perform only those legal entities that received the Ministry of welfare's pharmaceutical activities Licensing Commission issued a license.
(2) the licence for activities to be carried out only in premises specified in the licence.
 
10. article. Article 9 of this law in such a licence shall be issued only if the substance for medical or scientific purposes. (II) and (iii) the list of substances authorized for use for other purposes, if the applicant can demonstrate that the substance will not be used illegally. The license is the responsibility of the applicant to ensure that the production would not be misused, so it could not cause adverse effects and its composition in the narcotic drugs and psychotropic substances would not be easily separable. These products are not suitable for II and III substances included on the list of control measures.
 
11. article. This law referred to in article 9 of the licence shall be issued only to a legal person which license pharmaceutical activities and administration which includes the responsible pharmacist who has a license to pharmaceutical practice. The responsible pharmacist is responsible for the observance of this law.
 
12. article. To amend the name of the licensed legal entity or the nature of the amendments to its pharmaceutical activities, as well as to change the chain involved in the II and III substances included on the list or the nomenclature of medicinal products, production methods, substances manufactured and finished pharmaceutical form and composition of the necessary Ministry of welfare's pharmaceutical activities Licensing Commission. Permit is issued or denied within 30 days from the date of the application.
 
13. article. Legal entities licensed operations in list II and III substances or medicinal products in the territory of Latvia may be performed only with those natural or legal persons, that have the appropriate operation licence or permit has been issued.
 

14. article. Decision on refusal, suspension or withdrawal of the Ministry of welfare adopted the pharmaceutical licensing action, after the Commission has invited the person who requested or received a license to provide explanations. The decision must be substantiated and iepazīstinām the relevant interested parties. Of its decision the Commission shall inform the Ministry of the Interior's anti-drug Office. This institution is submitted annually also licensed legal person list. Ministry of welfare's pharmaceutical activities Licensing Commission record each case where a legal person terminates its operation, it is cancelled or expired license issued the license expiration date.
 
15. article. The decision on suspension or cancellation of a licence shall not be exempt from administrative or criminal liability for violation of this law.
 
Chapter v. (II) and (iii) the list of substances and drug production, import and export controls in article 16. Under UN quotas Ministry of welfare drug control Committee every year, you can determine separate (II) and (iii) the list of substances and the maximum quantity of each legal person may produce or whatever may be the legal person of each warehouse. If necessary, within a year this quantity can be changed.
 
Article 17. (II) and (iii) the list of substances included in products in international trade may intervene only to the legal persons that are mentioned in article 9 of the law license.
 
18. article. (II) and (iii) substances included on the list and the import and export of medicinal products may only be carried out by the Ministry of welfare drug control Committee and issued by the UN Economic and Social Council Commission of drugs from the requirements of the permit.
 
19. article. (1) an Import or export licence applications shall indicate the intended action, the license number, the importer and the exporter, their addresses, details of the consignee, the substance of each international non-proprietary name or the International Convention lists the specified name, pharmaceutical form and their proprietary name, if applicable, the quantity of substances and medicines, transport or shipping, customs border crossing point and time.
(2) the application shall be submitted in addition to the export of the competent authorities of the importing country of import permits issued, if provided for under national law.
 
20. article. Import or export licences shall indicate the same particulars referred to in the relevant application and validity. The import authorisation shall indicate whether the import consignment consists of one or more of the freight load lots. Export permit, if required, also indicate the appropriate import permit number and the date of issue, thereby confirming the import of substances or medicinal products.
 
21. article. Each consignment needed three approved copy of the export permit. One copy must be submitted to authorisation the Customs Office together with the Customs Declaration and with the form laid down in the Customs marks will send the Welfare Ministry's drug control Committee, the second copy of the consignment to be added, and the third copy of the authorization of the Ministry of Welfare drug control Committee shall send the competent authorities of the importing country.
 
22. article. As soon as the consignment of imports has come a Latvia or import permit, the period of prosperity in the Ministry's drug control Committee shall send the competent authorities of the exporting country of the export permit issued, indicating the substance actually imported or medicine.
 
23. article. If the actual import volume or is less than the export permit, the Welfare Ministry's drug control Committee shall record all copies of the import permit.
 
24. article. Commercial documents (invoices, delivery notes, customs, transport and other accompanying documents) shall the United Nations Convention lists the corresponding names of substances and medicinal products, to be exported from the territory of Latvia or to the import of the substances and the quantities of medicinal products, the exporter and the importer, their addresses, and the consignee address.
 
25. article. Banned list II and III substances and drug exports from or imports into Latvia to it, if the destination address is specified only in the bank or the Subscriber's mailbox number.
 
26. article. Banned list II and III substances and drug exports to the consignment warehouse, except where this mode of delivery is approved importer by the competent national authorities issued import permits. Also prohibited these substances and drug imports to consignment warehouses in Latvia.
 
27. article. The competent authority (authorities and border forces) is obliged to suspend the customs border in both directions šķērsojošo shipments that do not have the relevant import or export authorizations, and ask to have the legality of shipments is hereby approved. If this is not done, the shipment was forfeited.
 
28. article. The Cabinet of Ministers shall determine the customs points through which allowed (II) and (iii) substances included in the list of medicinal products and the import, export and transit.
 
29. article. (II) and (iii) the list of substances and drug transit through the territory of Latvia may be carried out only if it is received the Ministry of welfare drug control Committee issued a transit permission, regardless of whether or not the cargo is removed from the vehicle, which carried it.
 
30. article. (1) (II) and (iii) the list of substances and drug transit operations shall be performed according to the accompanying export authorization to the route and to be delivered to the referred in this endpoint.
(2) these substances and medicine convoy transit rules and procedures determined by the Cabinet of Ministers.
 
31. article. No one may change through the territory of Latvia (II) and (iii) sent to the list of substances and drug transit cargo composition, content or if not received Ministry of welfare drug control Committee. The provisions of this article are without prejudice to the competent authority (authorities and border force) legal action.
 
32. article. For a free port and free trade zone, apply the same control and monitoring measures laid down in other parts of the territory of Latvia.
 
33. article. Commercial carriers are required to take appropriate precautionary measures to their vehicles would not be used in this plant referred to in the law, and illegal transport of medicines. On arrival in the territory of Latvia, they are obliged to immediately notify the Interior Ministry's anti-drug Office of the circumstances which give rise to suspicions that the vehicles are being used illegally.
 
34. article. Legal persons that have received this law, the authorization referred to in article 9, may be referred to in this Act substances and drugs if they are packed in boxes, send by post the recorded messages, including their value and requesting confirmation of service.
 
Chapter VI. (II) and (iii) the list of substances and drug distribution, article 35. List II and III substances and medicines bought professional activities in accordance with the provisions of this law may be only from a legal person to which this law has been issued as referred to in article 9 license.
 
36. article. List II and III substances and medicines patients may be issued only to the recipe, which contains their therapeutic use. Prescription order is determined by the Cabinet of Ministers. If the vendor of the medicinal recipes not personally acquainted, he has the right to ask to be shown in the identity document.
 
37. article. (II) and (iii) the list of medicinal products, purchasing, distribution, delivery, storage and accounting procedures of the medicinal product, lieltirgotav pharmaceutical companies, pharmacies and medical institutions determined by the Cabinet of Ministers.
 
38. article. The Ministry of welfare is determined, (II) and (iii) a list of the quantity of a medicinal product must be registered in the territory of Latvia of vehicles engaged in international transport emergency medical kits, as well as the suite life.
 
39. article. Physical persons may be their personal needs require products containing list II and III substances in such quantity, not exceeding seven days long treatment course dose when they are list II substances, or 30-day treatment course of doses if they are included in list III substances. The need to use these drugs the person concerned proves, by presenting this drug recipes or copies.
 
40. article. The Welfare Ministry's drug control Committee issued a permission to use the list in II and III substances and medicines to capture animals, as well as the terms of use.
 
Chapter VII. Special provisions article 41. In the case of a consignment list II substances or medicinal products intended for dispatch to the bundles of the outer packaging may be only the sender and the recipient's name and address. Mail aizzīmogojam with the seal of the sender.
 

Article 42. List II and III substances and medicines may not promote mass media, as well as use it to promote any other form of advertising that is designed for non-specialists. This does not apply to preparations which contain both list II or III substances, but with order of the Ministry of welfare are exempt from certain this statutory controls. This preparation in advertising banned from mention in their composition, (II) or (iii) the substances on the list.
Chapter VIII. Control of compliance with this Act and the responsibility for the violation of article 43. All natural and legal persons operating with the substances referred to in this law, and is subject to the Ministry of welfare drug control Committee. The role of this Committee is carried out the person concerned checks. The order is determined by the Ministry of welfare.
 
44. article. The Welfare Ministry's pharmaceutical and medical inspection and integrity inspection quality control inspection officials of their duties, have the right to visit licensed premises and legal persons to carry out an inspection, as well as their competence take the necessary measures to prevent the illegal activities.
 
Article 45. Violations of this Act, a person called to the statutory liability.
The Parliament adopted the law of 9 May 1996.
Riga 23 May 1996, the President of the Parliament instead of the President i. Kreitus»