JOHN CARLOS I

KING OF SPAIN

To all who present it, and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

PREAMBLE

Article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988, of which Spain is a party, provides for the adoption of measures appropriate to control the manufacture and distribution of precursors between Member States.

These chemicals, which deviate from their legal tender and are used for the production of different types of drugs, are mainly produced in developed countries, which is why these countries acquire commitments As a result of the accession to international conventions such as the one mentioned, through which they adopt regulations and legislation to achieve adequate and effective harmonization, which facilitates the control of the precursors from their manufacture to their final destination, in order to prevent its diversion for illicit purposes.

However, it must be borne in mind that these substances are primarily intended for the industrial manufacture of important, very common and necessary derivatives in our society and that their control must therefore be addressed. only to prevent their diversion to the illicit manufacture of drugs, without interfering in the normal functioning of their manufacture and trade.

At the level of the European Union, the establishment of appropriate measures for this purpose has been developed through Regulations and Directives, which have led to national provisions, such as, in the case of Spain, the law 3/1996, of 10 January, on measures for the control of classified chemical substances susceptible to diversion for the illicit manufacture of drugs, as well as its Implementing Regulation, approved by Royal Decree 865/1997 of 6 June.

The European Parliament and the Council of the European Union, following the evaluation of the experiences and achievements made in the control of drug precursors, and without forgetting at any time that, in principle, the trade in drugs substances used in the chemical and pharmaceutical industry is legal, has come to the conclusion that it is more appropriate at this time a Regulation, which ensures the direct application of harmonised standards, rather than use as an instrument A directive, especially after the enlargement of the number of EU members to 27 states.

Therefore, the European Parliament and the Council of the European Union have adopted Regulation (EC) 273/2004 of 11 February on drug precursors; Council Regulation (EC) 111/2005 of 22 December 2004 on the prevention of drug precursors rules for the monitoring of trade in drug precursors between the Community and third countries are laid down; and Commission Regulation (EC) 1277/2005 of 27 July 2005 laying down rules for the implementation of the first two.

While these Regulations are binding in all their elements and directly applicable in the Member States, they instruct each State to determine the system of penalties applicable to infringements of each of the Member States. these Regulations, as well as taking the necessary measures to ensure their implementation. The penalties provided for in this case shall be effective, proportionate and dissuasive.

In compliance with this mandate, this law has been drafted whose content is limited to regulating those essential aspects in order to be able to apply in our country the measures that are collected in each of the three Community Regulations and be able to sanction any contrary to the obligations contained therein.

The Law is divided into three Chapters, five Additional Provisions, one Transition, one Defeat and four Final Provisions.

In Chapter I it is defined as the object of the Law to establish the system of granting of licenses of activity, as well as the regime of penalties that will be applicable in case of infringement of the provisions contemplated in the Regulations.

In this sense the Law is inserted in article 149.1.10. and the 29th of the Constitution that assigns to the State exclusive competence in matters of foreign trade, customs and public security.

The Ministry of the Interior and the Ministry of Economy and Finance shall be the competent authorities, in relation to the failure to comply with the obligations laid down in the Community Regulations, in the field of their respective competencies.

In the Ministry of the Interior there will be a General Register of Cataloged Chemical Substances Operators and, in the Ministry of Economy and Finance, there will be a Registry of Foreign Trade Operators of Chemical Substances. Catalogued.

Both Records will be unique to the entire national territory, which is a novelty to the General Register.

Activity licenses will be granted by the Ministry of the Interior for intra-Community operations and by the Ministry of Economy and Finance for extra-Community operations.

Chapter II is dedicated to violations, relating to all acts that may be classified as serious or very serious violations of the obligations established by the Community Regulations.

Their respective limitation periods shall be determined at the age of 4 years, 2 years and 1 year, for very serious, serious and minor offences, respectively, from the day the offence was committed or in the case of of a continuous activity since the end of the activity or the date of the last act with which the infringement is consumed.

It is reduced from five years to four years for very serious infractions, and the deadline for minor infractions is extended from six months to one year.

Chapter III refers to penalties which may be of fine when imposed for minor offences or, in the case of serious or very serious infringements, may be imposed, either jointly or alternatively, on penalties of fine or the suspension of the licence or activity licence for the period of time to be determined and, in the case of the very serious, in addition to the withdrawal of the licence.

Following the recommendation of the European Union to the Member States in the sense of having national regulations in the field of a sanctioning regime to ensure its application and to respond to the principles of effectiveness, proportionality and deterrence, a substantial reduction in the amount of the fines has been applied, as well as the time of suspension of the activity licence.

Likewise, the dual fine/suspension or withdrawal is maintained, but now either jointly or alternatively.

Furthermore, several precepts are included in relation to the sanctioning procedure, such as the possibility of taking provisional measures, the competition to impose sanctions or their advertising.

Also established are those cases in which the sanction imposed by the commission of any of the offences defined in the Law, entails the comiso of certain goods, effects or instruments, and even the possible the disposal of the same, both by the administrative authority, whether the Ministers or the Secretaries of State to which this Act recognises them, and by the judicial authority in the event of an appeal administrative-administrative proceedings against decisions given by those administrative authorities.

The five Additional Provisions cater for special schemes, the promotion of voluntary collaboration, the fate of fines and profits seized, the duty of collaboration of authorities and officials, and the international information exchange.

The Single Transitional Provision provides for a period of three months for the Delegated Records, upon being deleted, to transfer all data at their disposal to the General Register of Chemical Operators. Catalogued, being unique throughout the national territory.

The Single Repeal Provision expressly repeals Law 3/1996 of 10 January.

The Final Four Provisions refer to the title of jurisdiction under which this Law is issued, to the authorization of the Government for the updating of the sanctions, and to issue the necessary rules for its regulatory development and, finally, its entry into force.

CHAPTER I

General provisions

Article 1. Object.

The purpose of this Law is to establish the system of granting of activity licenses, as well as the sanctioning regime applicable in case of infringement of the provisions of Regulation 273/2004, of the Parliament Council Regulation (EC) No 121/2005 of 11 February 2005 on drug precursors; Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the surveillance of trade in drug precursors between the Community and third countries and Regulation (EC) No 1277/2005 of the European Parliament and of the Council of 27 July 2005 laying down rules for application of the above two.

Article 2. Competent authorities.

For the purposes of this Law, they shall be competent authorities:

(a) The Ministry of Economy and Finance in relation to the non-compliance with the obligations laid down in Council Regulation 111/2005 of 22 December 2004.

(b) The Ministry of the Interior in relation to the non-compliance with the obligations laid down in Regulation 273/2004, of the European Parliament and of the Council of 11 February.

Commission Regulation 1277/2005 of 27 July 2005, which is complementary to the previous ones, will be applied by each Ministry according to the distribution of powers expressed in the preceding paragraphs.

Article 3. Operator Records.

1. In the Ministry of the Interior there shall be a General Register of Cataloged Chemical Operators in which they shall be entered in such a way as to be determined by law, natural and legal persons carrying out operations with substances. scheduled, as set out in Regulation 273/2004 of the European Parliament and of the Council of 11 February.

2. In the Ministry of Economy and Finance, there shall be a Register of Foreign Trade Operators of Cataloged Chemicals in which they shall be entered in the manner determined by law, the natural and legal persons to whom operations with scheduled substances as set out in Regulation 111/2005 of the Council of 22 December 2004 and Regulation 1277/2005 of the Commission of 27 July 2005.

3. Both Registers will be unique for the entire national territory.

4. Any modification of the data contained in those Records which occurs during the period of the activity or activities for which they have been registered, shall be communicated to it within a period of 15 days from the date of that has occurred.

Article 4. Activity licenses.

1. The activity licences shall be granted by the Ministry of the Interior for operations which so require in accordance with the provisions of Regulation 273/2004, the European Parliament and the Council of 11 February and the Ministry of Economic Affairs and Hacienda for operations which so require in accordance with the provisions of Council Regulation 111/2005 of 22 December 2004, and shall have the validity of a regulation to be determined.

2. In order to obtain an activity licence, it will be in accordance with Commission Regulation 1277/2005 of 27 July 2005.

3. In order to suspend, withdraw or renew an activity licence, the provisions of Regulation 1277/2005 of the Commission of 27 July 2005 and Council Regulation 111/2005 of 22 December 2004 shall be taken into account.

CHAPTER II

Of The Violations

Article 5. Infringements in the field of drug precursors.

1. Administrative offences relating to drug precursors constitute actions and omissions, even in the form of simple negligence, which are contrary to the obligations and duties laid down in Regulation 273/2004 of the European Parliament and of the Council of 11 February 2005; Regulation 111/2005 of the Council of 22 December 2004 and Regulation 1277/2005 of the Commission of 27 July 2005.

2. Natural or legal persons who, by action or omission, shall be liable for administrative offences in the field of drug precursors shall be responsible for the alleged offences as offences.

Article 6. Minor infractions.

The breaches of the obligations under Regulation 273/2004, of the European Parliament and of the Council of 11 February, of the Council Regulation 111/2005 of 22 December 2004 and of the Council of 22 December 2004 are minor infringements. in Commission Regulation 1277/2005 of 27 July 2005, provided that they do not constitute serious or very serious infringements, in accordance with the provisions of this Law.

Article 7. Serious infringements.

Constitute serious violations of the following behaviors:

(a) Do not communicate in the form that is regulated, the modifications of the data to be recorded in the General Register of the Cataloged Chemical Operators or in the Registry of Trade Operators Exterior of Cataloged Chemical Substances.

(b) Do not designate an agent responsible for trade in scheduled substances when such designation is mandatory.

(c) To supply scheduled substances of Category 1 of Annex I to Regulation 273/2004, of the European Parliament and of the Council of 11 February, or of Regulation 111/2005 of the Council of 22 December 2004, without checking Diligent means that the natural or legal person receiving the same holds an activity licence to operate with such substances.

d) Do not obtain from customers the declaration of use or specific uses of the scheduled substances provided.

e) Failure to comply with the obligations relating to the documentation to accompany operations with scheduled substances, as well as with regard to their labelling.

(f) Not to immediately inform the competent authorities of the orders and transactions of scheduled substances, on which it is certain or reasonable suspicion that such substances may be diverted to the illicit manufacture of narcotic drugs or psychotropic substances.

(g) Carishing protection measures or action protocols for the performance of activities with scheduled substances, in such a way as to be determined by regulation, without the need for such deficiencies to have resulted in the Unauthorised removal or withdrawal of scheduled substances.

Article 8. Very serious infringements.

They constitute very serious breaches of the obligations imposed by this Law on the following conduct:

a) Conduct activities with scheduled substances without having obtained registration in the General Register or in the Register of Foreign Trade Operators of Cataloged Chemicals required for such activities.

b) Conduct activities with scheduled substances without having obtained the required activity license, if any, for such activities or having been suspended or having expired the term of validity of the same.

c) Carry out false or manifestly inaccurate data or documents to obtain registration in the General Register or in the Register of Foreign Trade Operators of Cataloged Chemicals or to obtain a license to activity.

(d) Supply scheduled substances of Category 1 of Annex I to Regulation 273/2004, of the European Parliament and of the Council of 11 February, or of Regulation 111/2005 of the Council of 22 December, in the knowledge that the the natural or legal person to whom they are intended is not licensed to operate with such substances.

e) The resistance, obstruction, or refusal to the actions of the organs of the Administration that are competent in each case and, in particular:

Not to facilitate the examination of documents, reports, background, books, records, files, invoices, supporting documents and main or auxiliary accounts, software and software, operating and control systems, and any other data with transcendence for control.

Deny or unduly impede the entry or stay on farms or premises of authorized officials of the Administration or the recognition of premises, machines, facilities and holdings used for the performance of activities in relation to scheduled substances.

Do not address any duly notified requirements.

f) Conduct operations with scheduled substances for which it is certain or reasonable suspicion that such substances may be diverted to the illicit manufacture of narcotic drugs or psychotropic substances, without having notified of such certainty or suspicion to the competent authorities, or before the competent authorities have responded to the operator's prior notification.

(g) Carishing of protective measures or of the protocols for action for the performance of activities with scheduled substances, in such a way as to be determined by regulation, provided that such deficiencies have resulted in the non-authorised removal or withdrawal of scheduled substances.

(h) Perform activities with scheduled substances without the export authorisation or without the import authorisation where they were required or if the period of validity of the import authorisation has expired.

(i) To perform actions classified as serious when during the previous five years the offender would have been convicted in a firm sentence for a crime against illicit drug trafficking, as defined in the Penal Code; or (a) to be signed at least for two serious administrative infringements of those laid down in this Law. In this case, the recidivism may not be taken into account in any case as a criterion for graduating the penalty to be imposed.

Article 9. Contest with other procedures.

1. The conduct that would have been criminal or administratively, when the identity of the subject is appreciated, made and founded, cannot be sanctioned under this Law.

2. Where the facts of the case may constitute a criminal offence, the suspension of the sanctioning procedure shall be ordered, if it has been initiated, with the transfer of those to the Prosecutor's Office. The criminal procedure will resume the processing of the sanctioning procedure against the obligated subjects who would not have been convicted in criminal way. The administrative procedure for sanctioning the same foundations that have already been considered in the criminal proceedings cannot be resumed. The decision to be taken must in any event respect the statement of evidence in the criminal proceedings.

Article 10. Limitation of violations.

1. Very serious infractions will be prescribed at age 4, severe to 2 years and light to year.

2. The limitation period shall be counted from the date on which the infringement was committed. In the case of infringements arising from an ongoing activity, the initial date of the calculation shall be that of the completion of the activity or of the last act with which the infringement is consumed. The limitation period shall be interrupted by the initiation, with the knowledge of the person concerned, of the sanctioning procedure, returning to the time limit if the file is paralyzed for one month for reasons not attributable to those against whom it is directed. It will also be interrupted by the initiation of criminal proceedings for the same facts, or by others whose separation of the sanctionables under that law is rationally impossible.

CHAPTER III

Sanctions and the sanctioning procedure

Article 11. Penalties for minor infractions.

Minor infractions will be sanctioned with fines from 300 euros to 600 euros.

Article 12. Penalties for serious infringements.

Serious violations will be sanctioned, together or alternatively, with:

a) Multas from 601 euros to 6,000 euros.

b) Suspension of the license or activity licenses for a period of up to six months.

Article 13. Penalties for very serious infringements.

Very serious violations will be sanctioned, together or alternatively with:

a) Multas from 6,000 to 60,000 euros.

(b) Withdrawal of the license (s) or the suspension thereof for a period of up to five years. The withdrawal of the licence shall result in the cancellation of the registration in the General Register of the Cataloged Chemical Operators or in the Register of Foreign Trade Operators of Cataloged Chemical Substances.

Article 14. Graduation of sanctions.

The penalties applicable in each case for the commission of infringements will be graduated, in addition to the criteria set out in Article 131.3 of Law 30/1992 of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure, by:

(a) The risk to public health and the harm caused to the health of the citizens, if any, as a result of the infringement.

b) The scope of the subtraction or unauthorized withdrawal.

c) The volume of commercial activity of the offender with scheduled substances.

d) The unlawful benefit obtained, if any, as a result of the infringement.

e) The firm sanctions for serious or very serious violations of those provided for in this Law imposed on the subject in the last five years.

f) The recidivism, by commission or omission, within one year, of more than one infringement of the same nature, when it has been declared by firm resolution.

Article 15. Prescription of penalties.

Very serious, serious and minor penalties will be prescribed, respectively, at 4 years, 2 years and 1 year, from the day following that in which the resolution for which the sanction was imposed would have been final.

Article 16. Jurisdiction for the imposition of sanctions.

1. For the imposition of sanctions by the committee on very serious infringements, the Ministers of the Interior and of the Economy and Finance will be competent in the field of their respective competences.

2. The Secretary of State for Security and the Secretary of State for Finance and Budget shall be responsible for the imposition of sanctions by the Commission for serious and minor infringements, in the field of their respective powers.

3. The sanctions decisions shall terminate the administrative procedure, which shall be subject to the judicial-administrative judicial order.

Article 17. Procedure instruction.

The initiation and instruction of the sanctioning procedure will be the responsibility of the Ministries of the Interior and of the Economy and Finance, in the field of their respective competences, in the form that is regulated, and, in all Case, in accordance with the provisions of Law 30/1992 of 26 November.

Article 18. Adoption of interim measures.

1. At any time of the examination of the infringement procedure for serious or very serious infringement, the competent authority which has ordered its opening may adopt by reasoned agreement the following measures of a provisional nature, in such a way as to Alternative or alternative:

a) The immobilization of scheduled substances related to the alleged violation.

b) The temporary suspension of the exercise of activities with scheduled substances.

2. The adoption of such measures shall be communicated as soon as possible to the body responsible for imposing the sanction, who, within 10 working days of their agreement, shall ratify or leave them without effect. If it does not do so, the measures shall be read at the end of this period.

3. The provisional measures taken shall have a maximum duration of three months in the case of a serious infringement, and of six months in the case of a very serious infringement.

Article 19. Comiso and precautionary disposal.

1. Any penalty imposed by the commission for the offences established in this Law shall entail the following of the following goods, effects and instruments:

(a) The goods constituting the object of the infringement.

(b) The materials, instruments or machinery used in the manufacture, manufacture, processing or trade of the scheduled chemical substances.

c) The gains obtained, whatever transformations they might have experienced.

d) How many goods and effects of the nature they force have served as an instrument for the commission of the infringement.

2. The goods, effects and instruments referred to in the preceding paragraph shall not be used for the purposes of making use of the goods, effects and instruments provided by a third party in good faith.

3. An administrative sanctioning procedure may be initiated, the goods or rights which may be subject to such an order may be brought in.

4. The body competent to agree on the iso may arrange for the disposal of the goods or rights concerned at any time in the procedure, in the following cases:

a) When your owner makes express abandonment of them, and

(b) When their preservation may be dangerous to public health or safety or to give rise to a significant decrease in their value. Goods, genera or effects which, without suffering material deterioration, are depreciated over time shall be understood to be understood.

The product of the disposal will be deposited with due guarantees.

The disposal agreement shall terminate the administrative route, notify the persons concerned and be subject to appeal.

5. Where the suspension of the penalty decisions taken by the committee is agreed by the interposition of an administrative appeal, it may be provided that, as a precautionary measure, the disposal of the goods or rights is to be taken as a precautionary measure. intervened, in the cases referred to in the previous paragraph.

Article 20. Enforcement of the sanctions.

1. The sanctions will be enforceable since the decision is made to end the administrative route.

2. Where the penalty is of a pecuniary nature, the authority which imposes it shall indicate the time limit for satisfying it, which shall not be less than 15 working days and not more than 30 days, and the fractionation of the payment may be agreed, in the form that determine regulentarily.

3. In the case of temporary suspension or withdrawal of an activity licence, the sanctioning authority shall indicate an appropriate period of execution, which shall not be less than 15 working days and not more than 30 days after the hearing of the natural person or of the representative of the legal person, holders of the licence and of the third parties who may be affected.

4. The procedure laid down in the rules in force shall be followed for the enforcement of the penalties.

Article 21. Advertisement of the sanctions.

The resolutions sanctioning the proceedings for very serious infringements will be made public by the competent authorities to impose the sanctions, once they are firm in administrative way, in the form that Regulation is determined.

additional Provision First. Specialties of certain operators.

1. They shall be registered in the General Register of the Cataloged Chemical Operators referred to in Article 3 (1) of this Law, the pharmacies, the veterinary medicinal products, the laboratories of the Armed Forces and the of the Bodies and Security Forces, and any other types of authorities or institutions which are regulated, for the use of the scheduled substances of Categories 1 and 2 of Annex I to Regulation 273/2004, of the European Parliament European and Council of 11 February, in the field of their professional or official activities.

2. They must also obtain the activity license referred to in Article 4 of this Law, the pharmacies, the veterinary products dispensaries, the laboratories of the Armed Forces and the Corps and the Security Forces, and any other the types of authorities or institutions to be determined, for the use of the scheduled substances listed in Category 1 of Annex I to Regulation 273/2004, of the European Parliament and of the Council of 11 February, in the field of their professional or official activities.

3. Pharmacies, veterinary dispensers, customs offices, laboratories of the Armed Forces and of the Corps and Security Forces and any other types of authorities or institutions to be determined, shall be exempt from the obligations laid down in Regulation 1277/2005 of the Commission of 27 July 2005.

additional Provision Second. Promotion of voluntary collaboration.

1. The Government shall promote voluntary cooperation agreements between the chemical and pharmaceutical industry and the competent ministerial departments, in particular as regards non-scheduled chemicals, on the understanding of any such a substance that has been identified as being used in the illicit manufacture of narcotic drugs or psychotropic substances.

2. Cooperation mechanisms and appropriate coordination with the Autonomous Communities will also be used to implement the measures provided for in this Law which, if necessary, should be carried out by the Member States. autonomic police officers.

Additional Provision Third. The destination of the fines and the profits seized.

The amount of the fines and the profits seized, agreed upon in the sanctioning resolution, will be given to the destination provided for in Law 17/2003 of 29 May, which regulates the Fund of goods seized by illicit trafficking. of drugs and other related crimes.

Additional Provision Fourth. Duty of collaboration of authorities and officials.

Without prejudice to the provisions of criminal law and the Criminal Procedure Act, any authority or official, including those of a tariff, who discover facts that may constitute evidence of illicit diversion of scheduled chemical substances, shall inform the competent authorities thereof.

Failure to comply with this obligation by public officials may be disciplined in accordance with the specific legislation applicable to them.

Additional Provision Fifth. International information exchange.

The exchange of information with international organizations and with other States will be conditioned by the provisions of the Community legislation, in the International Conventions and Treaties or, in the absence of the previous ones, at the beginning. (a) General reciprocity, as well as the submission of those foreign authorities to the same obligations of professional secrecy as those of the Spanish authorities.

single Transitional Provision. Transfer of data to the General Registry of Cataloged Chemical Operators.

The Delegated Records shall transfer all data to the General Registry of Cataloged Chemical Operators as provided for in Article 3.1 of this Law within three months of its entry into

Single Derogation Provision. Regulatory repeal.

Law 3/1996, of 10 January, is repealed on control measures of classified chemical substances susceptible of diversion for the illicit manufacture of drugs, and how many provisions of equal or lower rank are opposed to the established in this Act.

final Disposal First. Competence title.

This Law is dictated by the provisions of Article 149.1.10. and the 29th of the Spanish Constitution, which attributes exclusive competence to the State in matters of customs, foreign trade and public security.

final Disposal Second. Updating of the sanctions.

The Government is authorised to update the amount of financial penalties provided for in this Law by means of Royal Decree, in accordance with the variations in the Consumer Price Index.

third Final Disposal. Regulatory development.

The government, on a proposal from the Interior and Economic and Finance Ministers, will approve the necessary regulations for its regulatory development.

fourth Final Disposal. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 15 June 2009.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO