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.

EXPLANATORY STATEMENT

The importance that is being given in a multidisciplinary confrontation to the problems currently posed by the misuse of drugs and their illicit trafficking, as threats to modern societies, and which cause the same serious problems, makes the need for control by the public authorities not only for the narcotic drugs and psychotropic substances themselves, but also for those chemicals necessary for the manufacture or processing of the same as a more reduction of the the offer.

If the problems arising from the supply of these products in international markets were traditionally blamed on the opium and cocaine producing countries, it should not be forgotten that they are necessary for the production of these products. toxic drugs, narcotic drugs and psychotropic substances, various chemicals, known as precursors, whose manufacture and production are mainly carried out in developed countries.

However, it should not be forgotten that these chemicals are primarily intended for the industrial manufacture of different derivatives of great importance and that their control should therefore be directed only to avoiding their possible diversion for the illicit manufacture of drugs, without interfering in a burdensome way in the normal development of the chemical and pharmaceutical industry.

This concern has led the Member States of the European Union to adopt Regulation (EEC) No 3677/90 of 13 December laying down a series of measures to prevent the diversion of these substances to the European Union. illicit manufacture of drugs outside the customs territory of the European Union. This Regulation was developed, implemented and amended by subsequent Community Regulations, such as 900/92, 31 March, 3769/92, 21 December and 2959/93 of 27 October.

By virtue of these Regulations, and despite their immediate applicability without the need for the adoption of rules of internal character, the Order of 10 December 1991 of the Minister for Relations with the Courts and of the Secretariat of the Government, in order to regulate some aspects of competence such as those relating to the designation of the competent authority for the granting and supervision of the export authorizations and the administrative formalities of application. This Ministerial Order was subsequently repealed by the Order of 15 November 1994, by the Minister of the Presidency, which regulates the control of scheduled substances which are susceptible to diversion, where they are more detailed and in detail the requirements and formalities for the import, export and transit of the said substances.

Subsequently Directive 92/109 of the Council of the EEC of 14 December 1992 on the manufacture and placing on the market of certain substances used for the illicit manufacture of narcotic drugs and substances The aim of the programme is to establish a control system within the Community of substances which are frequently used for the illicit manufacture of narcotic drugs and psychotropic substances in order to avoid diversion. amended by Directive 93/46 of 22 June 1993 of the Commission.

Article 11 (1) of the said Directive requires Member States to adopt the laws, regulations and administrative provisions necessary to comply with Articles 7 to 10 before 1 January 1993, and the other articles before 1 July 1993.

The need to adapt Spanish legislation to the obligations arising from the Community Directive and, in particular, to regulate the obligations laid down therein, motivates the fact that, in the light of the the Community Regulation already mentioned for the operations of import, export and transit outside the customs territory of the European Union, are contemplated in this Law not only the obligations applicable to the operations and the obliged subjects for the directive, but also those of the Community regulation, which we are also Article 8 of the basic Regulation is binding.

In addition, this need for control of precursors and essential chemicals that are likely to be diverted for the illegal manufacture of drugs is imposed not only at Community level by the content of the Regulation and the reference Directive, but also on a universal basis by the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, signed in Vienna on 20 December 1988, of which Spain is Article 12 lays down the obligation for the signatory States to take measures in such a way as to sense.

For their part, the Organic Law 1/1992, of 21 February, of Protection of Citizen Security, within section 4. of Chapter II, and under the heading "Activities relevant to citizen security", in its article 12.3 attributes to the Government of the Nation the power to agree on the need for registration for the manufacture, storage, and trade of chemicals that may be used in the manufacture or transformation of toxic drugs, drugs, psychotropic substances, and other severely harmful substances for health.

In short, the effective exercise by the State of the competition that in the matter of "public safety" attributes to it article 149.1.29. of the Constitution, demands, in relation to the phenomenon of the prevention of the traffic The Commission has been able to provide information on the use of drugs-precisely because it is one of the most important activities to guarantee citizen security-an organization and unit of control operations for the control of the diversion of these substances to traffic. In order to ensure the coordination of the various services and subjects involved in the and to achieve effectively one of the facets that contribute to the production of toxic drugs.

CHAPTER I

General provisions

Article 1. Objective scope.

1. This Law regulates the control measures on the classified chemical substances to prevent their diversion to the illicit manufacture of toxic drugs, narcotic drugs and psychotropic substances.

2. For the purposes of this Law, it is understood by classified chemical substances as mentioned in Annex I to this Law, as well as mixtures containing such substances.

Medicinal products, pharmaceutical preparations or other products containing these scheduled chemical substances are excluded and the composition of which is such that they cannot be easily used or recovered by means of easy application.

Article 2. Required subjects.

1. Any natural or legal person who is habitually or occasionally engaged in the manufacture, processing, processing, storage, distribution, brokering, processing, storage, distribution, processing, processing, storage, distribution, or distribution of goods shall be subject to the obligations laid down in this Law. transport, placing on the market, import, export, transit or any other related activity, of scheduled chemical substances, as well as persons carrying out the occupation of the profession as a non-salaried activity customs declarations, either as a principal or ancillary to another activity, including those made from free zones, free warehouses or customs warehouses.

2. Also subject to the obligations laid down in this Law, persons or non-resident entities who through branches or through the provision of services, without permanent establishment, develop in Spain the activities mentioned in the previous paragraph.

Even if the corresponding provisions of other States do not require it, the Spanish entities subject to this Law shall ensure that their branches and subsidiaries abroad have established internal procedures. adequate to prevent and prevent the carrying out of operations with scheduled chemical substances on which there are indications that they may be used for diversion to the illicit manufacture of toxic drugs, narcotic drugs or psychotropic substances.

CHAPTER II

Obligations and requirements

Article 3. Generic collaboration obligations.

The subjects mentioned in the previous article are subject to the following obligations:

1. Notify the competent authorities immediately of any operation on which they are certain or indicate that such scheduled chemical substances may be diverted for the illicit manufacture of toxic drugs, narcotic drugs or psychotropic substances, refraining from performing any operation without prior notification.

2. To provide the competent authorities with the overall information or a specific transaction that they may require in connection with operations involving scheduled chemical substances.

3. Allow the competent authorities to access their professional premises and analyse the documents and records that they have an obligation to maintain or to carry out in accordance with the provisions of this Law.

Article 4. Obligations for registration in the Register of Operators and for obtaining an activity license.

1. The obliged subjects must be registered in the corresponding Register, General or Special, of Operators of Chemical Substances Cataloged when they carry out activities relating to the classified chemical substances of categories 1 and 2 of the Annex I to this Act and Category 3 of that Annex, provided that in the latter case they are intended for export and in excess of the previous calendar year, the quantities referred to in Annex II to this Act.

These records shall contain, in addition to the data which are regulated in accordance with the rules, the situation of the premises in which any of the activities listed in Article 2 are carried out, as well as the successive amendments. to be produced in this respect.

2. In order to carry out activities relating to classified chemical substances listed in Category 1 of Annex I to this Law, the required subjects must be in possession of an Activity License granted by the competent authority, depending on the the professional solvency and integrity of the applicant, in accordance with the terms laid down in the regulatory provisions for the development of this Law.

The loss by your holders of the requirements required to obtain the Activity Licenses may result in the revocation or suspension of the same.

Article 5. Labelling obligations.

1. Without prejudice to the placing of the customary trade labels and the particulars required for them by the other applicable legal provisions, all the chemical substances listed in categories 1 and 2 of Annex I they must express on their labelling, in a perfectly visible and clear manner, their name, as set out in Annex I, their quantity and weight and, if it consists of a mixture, the quantity and weight of the mixture as well as the quantity and weight or percentage of the chemical substances or substances listed in categories 1 and 2 containing the mixture.

2. In the case of import, export and transit operations, this obligation applies in all cases of scheduled chemical substances.

Article 6. Obligations for the identification of the chemical in the commercial and administrative documentation.

1. In all transactions leading to the placing on the market of the listed chemical substances of categories 1 and 2 of Annex I, provided that the quantities in question exceed the quantity indicated in the previous calendar year. Annex III shall accompany the relevant documentation, in particular commercial documents such as invoices, cargo declarations, administrative documents, transport documents and other shipping documents, in which it is expressed in a manner clear the name of the listed chemical substances, their quantity and weight and, if consists of a mixture, the quantity and the weight of the mixture as well as the quantity and weight or percentage of the scheduled chemical substance or substances, the name, address and name of the supplier, distributor and consignee and a declaration of the customer in which the uses for which the substances are intended are specified.

2. In the case of import, export and transit operations, this obligation applies in all cases of scheduled chemical substances listed in Annex I. In such cases, the supplier must be referred to as the exporter or importer.

Article 7. Obligations for the preservation of commercial and administrative documents.

The obligated subjects must keep for five years the commercial and administrative documentation that, being included in the scope of the previous article, is legally required.

Article 8. Obligations for the placing on the market of classified Category 1 chemicals.

1. Subject to the obligation to be in possession of an Activity License in accordance with Article 4, only the listed chemical substances of category 1 of Annex I may be supplied to other subjects in possession of that License.

2. The documentation referred to in Article 6 (1) of this Law shall, in any case, collect the number of the Activity License of the person or entity with which the relationship is established.

Article 9. Specific obligations for export, import and transit operations.

In addition to the obligations listed in the above articles:

1. The obliged subjects involved in the import, export and transit of the scheduled chemical substances shall keep a detailed record concerning those activities.

2. The export of the scheduled chemical substances shall be subject to the prior procurement of an individual Catalogued Chemical Export Licence, issued for each operation, by the competent authority, on the basis of the solvency professional and the integrity of the applicant, in accordance with the terms laid down in the regulatory provisions for the development of this Law, in the following cases:

(a) Where the scheduled chemical substances are included in category 1.

(b) Where the scheduled chemical substances for export are listed in Category 2 and are directed directly or indirectly to a recipient established in a State listed in Annex IV.

(c) Where the scheduled chemical substances are included in category 3 of Annex I and are referred, directly or indirectly, to a consignee established in a State with which the European Community has an agreement under which any export from the Community to that State is prohibited unless the competent authorities of the Community issue an import authorisation for the consignment in question, where it is prohibited by virtue of such agreements are required for an individual export authorisation or for any of the States listed in the Annex V.

(d) Whenever a generic Export License for Chemicals Cataloged in the terms set out in the following paragraph cannot be issued.

3. The export of the scheduled chemical substances shall be subject to the prior procurement of a generic licence for the export of certified chemical substances, issued by the competent authority, on the basis of professional and professional solvency. the integrity of the applicant, in accordance with the terms laid down in the regulatory provisions for the development of this Law, where the scheduled chemical substances of category 2 and 3 are not exported to any of the States mentioned in (b) and (c) of the preceding paragraph, and where the volume of the Exchange flows occurring or other circumstances do not suspect the diversion of such scheduled chemical substances to the illicit manufacture of toxic drugs, narcotic drugs or psychotropic substances.

4. In cases where the States of destination have communicated it to the European Commission or they have so agreed, the export of scheduled chemical substances shall require prior notification to the competent authorities of the third State. of destination or a prior authorization of import from such authorities.

CHAPTER III

Register of operators, activity licenses

and competent authorities

Article 10. Register of operators.

1. In the Ministry of Justice and Home Affairs, there shall be a General Register of Cataloged Chemical Operators where the required subjects referred to in Article 4 (1) of this Law shall be entered in accordance with the provisions of this Law. requirements and the procedure to be determined in their regulatory development.

2. In the Ministry of Economy and Finance there shall be a Special Register of Chemical Operators Cataloged in Import, Export and Transit where the required subjects will be entered into any import activity, export and transit referred to in Article 4 (1) of this Law, in accordance with the requirements and the procedure to be determined in its regulatory development.

Article 11. Activity licenses.

It shall be competent for the granting of the Licenses of activity to the bound subjects referred to in Article 4 (2) of this Law, the Ministry of Justice and the Interior and, in the case of the export, import and transit, the Ministry of Economy and Finance, in accordance with the requirements and procedure to be determined in the provisions of this Law.

Article 12. Competent authorities.

For the purposes of the generic collaboration obligations set out in Article 3 of this Law, they shall be competent to receive the notifications from the obligated subjects and to require them to provide information on the operations with scheduled chemical substances, the authorities which in the provisions of this Law are determined by the Ministry of Justice and Interior and, in the case of import, export and transit operations, by the Ministry of Economy and Finance.

CHAPTER IV

Sanctioning Regime

SECTION 1. VIOLATIONS

Article 13. Classification.

The breaches of the rules relating to the obligations laid down in this Law shall be classified as very serious, serious and minor.

Article 14. Very serious infringements.

These are very serious violations:

1. The refusal or resistance to provide the information requested by the competent authorities, by means of a written request, as provided for in Article 3 (2) of this Law, or the referrals of defective, inaccurate or incomplete to the above requirements.

2. The refusal or resistance to allow the competent authorities to access their professional premises and to analyse the documents and records which they have an obligation to maintain or to carry out in accordance with the provisions of this Law.

3. The performance of any activity without being in the possession of a License of Activity or without having been discharged in the Registry of Operators when it is so required in accordance with Article 4 of this Law, or the allegation of false or inaccurate cause in the application of the same.

4. The export of scheduled chemical substances without the corresponding Export License of Cataloged Chemicals or the allegation of false or inaccurate cause in the application of the same.

5. The conduct of operations of classified chemical substances of category 1 with subjects not expressly authorised for this purpose.

6. The carrying out of import, export and transit operations without taking the registration referred to in Article 9 (1) of this Law or when there are any untruths or inaccuracies in the register.

7. Those classified as serious where during the previous five years the offender had been convicted in a firm sentence for a crime against illicit drug trafficking, as defined in Articles 368, 369, 370 and 371 of the Criminal 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 as a criterion for graduating the penalty to be imposed.

Article 15. Serious infringements.

Serious infringements of the obligations under Article 3 (1) and Articles 5, 6, 7, 8 (2) and not immediately notify any change in any of the data relating to the Activity License or Operator Records.

Article 16. Minor infractions.

There are minor breaches of any other obligations under this Law that are not considered to be very serious or serious.

Article 17. Limitation of the infringement.

1. Very serious infringements will be prescribed at the age of five, the serious ones at two years and the mild ones at six months.

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 prescription will be interrupted by the initiation, with the knowledge of the person concerned, of the sanctioning procedure, returning to the deadline if the file will be paralyzed for a month for cause not imputable to those against who is headed. It will also be interrupted by the initiation of criminal proceedings for the same facts, or by others whose separation of the sanctionables under this Law is rationally impossible.

SECTION 2. SANTIONS

Article 18. Penalties for very serious infringements.

Very serious violations will be sanctioned in conjunction with:

1. Withdrawal of the License of Activity or the Generic Export License of Cataloged Chemicals or the suspension thereof for a period of between five years and ten years, and

2. Fine of 15,000,001 to 100,000,000 pesetas.

Article 19. Penalties for serious infringements.

Serious violations will be sanctioned in conjunction with:

1. Suspension of the License of Activity or the Generic Export License for Cataloged Chemical Substances for a maximum period of up to five years, and

2. Fine of 1,000,001 to 15,000,000 pesetas.

Article 20. Penalties for minor infringements.

Minor infractions will be sanctioned with a fine of up to 1,000,000 pesetas.

Article 21. Sanction of comiso.

Without prejudice to the fine to be imposed in accordance with the provisions of the foregoing Articles, the infringements shall be punishable by the use of the classified chemical substances and the illicit benefit obtained as result of the commission of the infringement. The resolution of the Administration shall determine, in a reasoned manner, the amount of the unlawful profit obtained.

Article 22. 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, the unlawful benefit obtained, where appropriate, as a result of the infringement and the firm penalties for serious or very serious infringements of those provided for in this Law imposed on the subject forced in the last five years.

Article 23. Prescription of penalties.

The sanctions provided for in this Law will prescribe to the three years those imposed for very serious infractions, two years those imposed for serious infractions and the year those imposed for minor infractions.

CHAPTER V

Sanctioning Procedure

Article 24. 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 individuals who would not have been convicted in criminal proceedings. 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 25. Provisional measures.

1. At any time of the procedure the body responsible for resolving the procedure may, by means of a reasoned agreement, adopt the following measures of a nature for the case of very serious infringements and for a period of not more than six months. provisional:

(a) The immobilization of the scheduled chemicals.

b) The temporary suspension of the exercise of the activity.

2. Where it is required for reasons of urgent urgency, the body responsible for ordering the initiation of the procedure or the instruction of the procedure may take these measures, but they must be submitted as soon as possible. to the consideration of the competent body for the imposition of the sanction.

Article 26. Opening and instruction of the sanctioning procedure.

The initiation and instruction of the procedures to be carried out by the commission of infringements provided for in this Law will be the responsibility of the Ministry of Justice and Home Affairs, except in the case of procedures in the field of export, import and transit, which will be the responsibility of the Ministry of Economy and Finance.

Article 27. Competition for the imposition of sanctions.

1. For the imposition of penalties for very serious infringements, the Council of Ministers, acting on a proposal from the Minister for Justice and Home Affairs or, in the case of infringements on imports, exports and transit, of the Minister for Economic Affairs and Finance.

2. For the imposition of penalties for serious and minor infringements, the Minister for Justice and Home Affairs or, in the case of infringements in matters of import, export and transit, the Minister for Economic Affairs and Finance shall have jurisdiction.

3. The sanction resolutions provided for in this article put an end to the administrative route, being recourse to the judicial-administrative jurisdiction.

Article 28. Publicity of the sanctions.

The penalties imposed for serious or very serious infringements may be made public by the competent authorities to agree on the terms that are regulated.

CHAPTER VI

Collaboration Regime

Article 29. Duty of collaboration.

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 shall be considered to be very serious and shall be subject to disciplinary penalties as provided for in the specific legislation applicable to them.

Article 30. Duty of communication.

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 that govern the Spanish.

Single additional disposition. The fate of the economic sanctions and the comiso.

The product of the economic sanctions and the comiso provided for in Articles 18 to 21 of this Law, will nourish the fund provided for in the Law on the creation of a fund from the assets seized by drug trafficking and other related offences, in the form that is regulated.

First transient disposition. Period of adaptation.

The subjects referred to in Article 2 of this Law shall have a period of 6 months to adapt to the new requirements in relation to categories 2 and 3 of Annex I.

Second transient disposition.

As long as the Organic Law of the Penal Code recently approved by the General Courts does not enter into force, the references contained in Article 14.7 of this Law to Articles 368, 369, 370 and 371 shall be construed as Article 344 (g) of the Criminal Code in force.

Single repeal provision. Repeal and enforcement of rules.

1. All rules of the same or lower rank are repealed in so far as they are contrary to this Law.

2. The Order of the Minister of the Presidency, of 15 November 1994, which regulates the control of scheduled substances which are susceptible to diversion, maintains its validity as regards the rules for the development of this Law and in particular the set out in Articles 9, 10, paragraphs 2 and 11 of this Law.

Final disposition first. Enabling the Government.

The Government is authorized to approve by Royal Decree:

1. The updating of the amount of financial penalties provided for in this Law according to the variation of the Index of Consumer Prices.

2. The modification of the content of the Annexes to this Law taking into account the evolution of science and technology, as well as the agreement of International Conventions and the provisions of Community legislation.

Final disposition second. Regulatory development.

The government within six months, since the entry into force of this Law, will have to approve the necessary regulatory norms for its development.

Final disposition third. Entry into force of the standard.

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

Therefore,

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

Madrid, January 10, 1996.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ

ANNEX I

Substance/Designation NC (in case it is different)/CN code

Category 1:

Efedrine/29394010

ergometrine/29396010

Ergotamine/29396030

Lysergic Acid/29396050

Phenyl-1-propanone-2/Phenylacetone/29143010

Pseudoephedrine/29394030

Acetylanthranilic acid/2-acetamidobenzoic acid/29242950

3,4methylenodioxiphenylpropane-2-one/29329077

Isosafrol (cis + trans)/29329073

Piperonal/29329075

Safrol/29329071

Category 2:

Acetic Anhydride/29152400

Antranilic acid/29224950

Phenylacetic Acid/29163300

Piperidine/29333930

Category 3:

Acetone/29141100

Ethyl Ether/Diethyl Ether/29091100

Methylethylketone/Butanone/29141200

Toluene/29023010/90

potassium permanganate. /28416010

Sulfuric Acid/28070010

Hydrochloric acid/Hydrogen chloride/28061000

Including the salts of the substances listed in this Annex, except for sulphuric acid and hydrochloric acid, where the existence of such salts is possible.

ANNEX II

Substance/Cantidad-Kilograms

Acetone/50

Ethyl Ether/20

Methylethylketone/50

Toluene/50

Potassium permanganate/5

Sulfuric Acid/100

Hydrochloric acid/100

ANNEX III

Substance/Threshold

Acetic Anhydride/20 l

Antranyl acid and its salts/1 kg

Phenylacetic acid and its salts/1 kg

Piperidine and its salts/0.5 kg

ANNEX IV

Substance/Target

Colombia.

Guatemala.

Hong Kong.

India.

Iran.

Acetic Anhydride/Lebanon.

Malaysia.

Myanmar (Burma).

Singapore.

Syria.

Thailand.

Turkey.

ANNEX V

Substance/Target

Argentina.

Bolivia.

Brazil.

Chile.

Colombia.

Costa Rica.

Methylethylketone (MEK). Toluene. Potassium permanganate. Sulphuric acid/El Salvador.

Ecuador.

Guatemala.

Honduras.

Hong Kong.

Panama.

Paraguay.

Peru.

Syria.

Thailand.

Uruguay.

Argentina.

Bolivia.

Brazil.

Chile.

Colombia.

Costa Rica.

El Salvador.

Ecuador.

Guatemala.

Acetone. Ethyl ether. Hydrochloric acid. /Honduras.

Hong Kong.

Iran.

Lebanon.

Myanmar (Burma).

Panama.

Paraguay.

Peru.

Singapore.

Syria.

Thailand.

Turkey.

Uruguay.

Including the salts of these substances, with the exception of sulphuric acid and hydrochloric acid, in cases where the existence of these salts is possible.