Order Of 15 November 1994 That Regulates The Control Of Scheduled Substances Subject To Deviation.

Original Language Title: Orden de 15 de noviembre de 1994 por la que se regula el control de sustancias catalogadas susceptibles de desviación.

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Regulation (EEC) 3677/90, of the Council of 13 December 1990 («Twelve» No. L 357, 20), amended by the Regulation (EEC) 900/92 of the Council, of 31 March, («Twelve» No. L 96, April 10), establishes a series of measures to prevent the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances. Its development was dictated the order of 10 December 1991 ("official bulletin of State» of 19).


This regulation was developed, with respect to the Commission of the European communities and in turn modified by the regulations (EEC) 3769/92 of the Commission of 21 December («Twelve» No. L 383, 29), and 2959/93 of the Commission, of 27 October («Twelve» No. L 267, 28). Hereby is given compliance with those aspects of the same implementation rests with Member States, reproducing total or partially the precepts contained in the EEC regulations to facilitate the understanding of the standard, without being this obstacle to their direct applicability. By virtue, with the approval of the Minister for public administrations, on the proposal of the Ministers of Justice and Interior, of economy and finance, of industry and energy, health and Consumer Affairs, Social Affairs and of Commerce and tourism, have: first. Activity license.


1 substances category 1.-operators, with the exception of the warehousemen, customs agents and transporters who act only on condition of such, performing transactions of import, export and transit of scheduled substances in category 1 of annex I, or mixtures containing them, must be in possession of a license of activity.


2 request-to this end, operators must make a request to the Department of customs and special taxes of the State tax administration agency.


3 operator-A the effects of this order refers to 'operator,' any natural or legal person who is engaged in the European Community to the manufacture, production, marketing or distribution of scheduled substances in annex I, or involved in other related activities such as import, export, transit, broking and processing of scheduled substances. This definition includes, in particular, persons who exercise, as a self-employed activity, the profession of making customs declarations, to main title, well as an accessory of another activity.


4 data of the application-the application for activity licence shall contain the following data: name, company name, VAT and domicile of the operator.


Memory of foreign trade transactions with these scheduled substances in the previous calendar year.


Use given to them.


Destination thereof, in the case of export and transit.


Commitment to allocate them for lawful purposes.


5. resolution.


5.1. the Customs and Excise Department will issue its resolution within the period of three months from the receipt of the request.


5.2. for the granting or denial of the license you will be provisions in article 2 bis of the regulations (EEC) 3677/90, as well as its cancellation or suspension.


5.3 may be understood rejected request not be express resolution within the above period.


6 realization of customs.-do not release may be made with offices of import, export or transit of these substances without leaving evidence in the Declaration of the number of the activity licence of those operators who are required to dispose of the same to carry out these operations.


Second. Registration.


1. category 2 substances-operations of import, export and transit of scheduled substances in category 2 of annex I, or mixtures containing them, to be subject to the prior registration of the operators, excluding customs agents, the wholesalers and transporters who act only on condition of such, which for this purpose is constituted in the Department of customs and special taxes of the State tax administration agency.


2 substances category 3-operations of export of scheduled substances in category 3 of the annex I, or mixtures containing them, will be conditioned to the prior registration of the operators in the record indicated in the preceding number. Will be dispensed from the obligation to register those operators whose exports of these substances, or mixtures containing them, have not passed during the previous calendar year the following amounts: substance / quantity kg acetone / dioxane 50 / 20 methyl ethyl ketone / 50 toluene / 50 potassium permanganate / 5 sulfuric acid / 100 hydrochloric acid / 100 3. Data of the application-the operators must apply for enrollment, declaring: However, if they are exceeded these amounts in the course of the calendar year, shall be compulsory registration at the registry, from the moment in which these maximums are exceeded.


Name, business name, VAT and domicile of the operator.


Addresses of their factories or premises or warehouses.


Commitment to notify any change of these addresses.


4 realization of customs-No firm can be held offices of import, export or transit, as appropriate, without leaving evidence in the Declaration of the number of the register of operators attributed to those who are obliged to dispose of the same to carry out these operations.


Third party. Export of scheduled substances in category 1 of annex I.


1 license of export of scheduled substances-export of scheduled substances in category 1 of annex I shall be subject, irrespective of the provisions of the first paragraph, to prior obtaining of a license for export of scheduled substances, adjusted to the model contained in annex II, issued by the Department of customs and Excise , at the request of the exporter.


2. submission of the application.-the application shall apply to the Department of customs and special taxes of the State tax administration agency.


3. data of the application-the substances scheduled export license application must contain the following details: name, business name and address of: exporter.


Importer.


Final recipient.


Customs agents.


Other operators.


Designation of the substance, adjusted to the name that is contained in annex I.


Quantity and weight. For preparations not excluded in the Regulation (EEC) 3677/90 of the Council, of 13 December 1990, the quantity and weight of the substance or substances of annex I which are included in its composition.


Shipping data: Customs Office of clearance.


Expected date of release.


Means of transport.


Route.


Point of exit from the customs territory of the community.


Point of entry into the importing country.


A copy of the import authorization, if in accordance with point 10 below.


Others.


4. record resolution: 4.1 the Department of customs and special taxes dictate their resolution within the period of fifteen working days from the receipt of the request.


4.2. the record of a favourable resolution will result in the issuance and delivery to the person concerned of an 'export licence of scheduled substances'.


4.3 can be understood rejected request not be express resolution within the above period.


5 refusal.-the Department of customs and Excise may deny license export of scheduled substances requested when, as laid down in Regulation (EEC) 3677/90, are any of the following circumstances: the information provided is reasonably presumed to be false or incorrect.


I will not authorize the import of the substance in the country of destination, in accordance with point 10 below.


There are reasonable grounds for suspecting that the substance will be used for the illicit manufacture of narcotic drugs or psychotropic substances.


6 request for prior notification to the export-when the Commission of the European communities provide that another country has required to be notified previously export of scheduled substances, the Department of customs and taxes Espe ciales shall not issue the corresponding license of export of substances listed as long as you have not previously made the notification.


7 prior authorization of import.-when another country has thus demanded it, not shall be issued the export license of scheduled substances, as copy of the import authorization at that, which you may request confirmation has not been presented in the Customs and Excise Department.


For the purposes provided in this paragraph, this Department will publish the list of countries that require prior import authorization granting.


8. office of export-application for clearance of export of the substances of category 1 of annex I require the presentation, along with the Declaration of office and of the documentation required by law, exemplary number 2 of the export license of substances listed.


The Customs Office of export, carried out the appropriate checks, completed its section 20 and join the Declaration for release copy of the issue number 2.



If the exit from the customs territory of the community is made by a Customs Office other than that which has been made the office of export, the Customs Office of exit, carried out the appropriate checks, completed box 21, and shall forward the copy number 2 to the Customs Office of export.


If within two months from the date of export, the Customs Office of export clearance had not received the exemplary number 2, duly completed by the Customs Office of exit it shall inform of the Department of customs and special taxes.


Room. Export of scheduled substances in category 2 of annex I.


1 license of export of scheduled substances-export of scheduled substances in category 2 of annex I require the obtaining of a license for export of scheduled substances, issued by the Department of customs and special taxes, which may be generic or individual. For granting it shall apply provisions of the third paragraph, for the individual and the subsequent sixth, for the generic.


2. Individual license-the license should be individual, for each export operation, when, in accordance with the provisions in Regulation (EEC) 3677/90, has suspected diversion of substances for the illicit manufacture of narcotic drugs and psychotropic substances.


Also, in all cases, when you plan on exporting acetic anhydride destined to one of the following countries: Colombia.


Guatemala.


Hong Kong.


India.


Iran.


Lebanon.


Malaysia.


Burma.


Singapore.


Syria.


Thailand.


Turkey.


Fifth. Export of scheduled substances in category 3 of the annex I.


1 license of export of scheduled substances-export of scheduled substances in category 3 of the annex I shall be conditional to obtaining a licence for export of substances listed, individual or generic, in the following cases: to) when it intends to export: I) substances / countries of destination methyl ethyl ketone and its salts. / Argentina.


Toluene and its salts. / Bolivia.


Potassium permanganate and its salts. / Brazil.


Sulfuric acid. / Chile.


Colombia.


Costa Rica.


El Salvador.


Ecuador.


Guatemala.


Honduras.


Hong Kong.


Panama.


Paraguay.


Peru.


Syria.


Thailand.


Uruguay.


(II) substances / acetone destination countries and its salts. / Argentina. / Iran.


Ethyl ether and its salts. / Bolivia. / Lebanon.


Hydrochloric acid. / Brazil. / Panama.


Chile.


/ Paraguay.


Colombia.


/ Peru.


Costa Rica.


/ Burma.


El Salvador.


/ Singapore.


Ecuador.


/ Syria.


Guatemala.


/ Thailand.


Honduras.


/ Turkey.


Hong Kong.


/ Uruguay.


(b) where the country of destination requires not is authorized the export to the same, as long as it not granted authorization to import into your country any of the scheduled substances.


For these purposes, the Department of customs and Excise will publish the list of countries that require prior import authorization granting.


2. grant of license-for this export licensing shall apply provisions of the third paragraph, for the individual, and the later sixth, for the generic.


3 generic license.-when circumstances permit, provided that there are no suspicions of diversion to the illicit manufacture of narcotic drugs and psychotropic substances, the export license of scheduled substances may be generic.


Sixth. Generic licenses.


1 application-the usual operators intending to export of substances listed in categories 2 and 3 of annex I a under a general licence for export of substances listed (annex III) must in his application, as laid down in Regulation (EEC) 3769/92, provide to the Department of customs and special taxes: to) accreditation of their qualifications and professional experience.


(b) overview of exports of scheduled substances in the previous twelve months detailing: exported substance.


Total number of carried out expeditions.


Quantities exported global by countries of destination.


(c) commitment to not allocate them to illicit purposes and description of measures taken to prevent their illegal use.


(d) commitment to communicate any suspicious circumstance that boast their illicit use.


(e) commitment to provide global information that requested you on the export of these substances.


(f) commitment to notify the changes that occur in the information provided.


2 processing-processing of this generic license is subject to the provisions of the third paragraph and the special rules listed in this paragraph.


3 suspension or revocation-the Department of customs and Excise will be empowered to suspend or cancel the generic license granted export of scheduled substances, if: to) the information supplied is not accurate or be it.


(b) measures taken to prevent the destination for illegal purposes of substances not be considered sufficient.


((c) not provided quarterly summaries referred to in the letter e) of point 4. following.


4 obligations.-the owner of a generic license for export of substances listed shall be obliged: to) indicate the number of the generic license in each export declaration.


(b) sign the operation in its register as soon as the substance of their premises with target export.


(c) sign that record data for the authorization of import of the substance in the country of destination, if this was required.


(d) accompany each export with a copy of the generic license until his departure from the customs territory of the community.


(e) in the Department of customs and special taxes deliver a quarterly summary of exports charged to such generic license.


This summary shall contain, at least, the following detail: number of exports.


Exported substances: name and amount.


Countries of destination. Seventh. Prohibition of import or export.


The Department of customs and Excise may prohibit the import in our country of substances listed in annex I, or export, when there are reasonable grounds to believe that these substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.


Eighth. Operations from a free zone, free warehouse or customs warehouse.


Operations that the substances listed in annex I claim to be made from free-trade zones, deposits francs or customs deposits shall be subject to compliance by operators of the same requirements and conditions collected in the previous points.


Ninth. Habilitation to the Agencia Estatal de Administración Tributaria.


This order may be amended by resolution of the President of the State Agency for tax administration in the case of the implementation of Community rules that require it. Tenth. Faculty of the Department of customs and special taxes.


Authority is the Director of the Department of customs and special taxes of the State Agency for tax administration to dictate how many instructions are accurate for the application and development of what hereby are available.


Eleventh. Supplementary application of law 30/1992.


In matters not provided for by the regulations of the European Community, procedures subject to the present order will be adjusted to provisions of law 30/1992, of November 26, and the General rules on administrative procedures for authorisation.


12th. Repeal.


The order of 10 December 1991 is repealed.


Madrid, November 15, 1994.


PEREZ RUBALCABA Excellencies. Messrs Ministers of Justice and Interior, of economy and finance, industry and energy, of health, Social Affairs and trade and tourism.


Annex I substance / designation NC (in case that is different) / code NC category 1 ephedrine. / / 29394010 ergometrine. / / 29396010 ergotamine. / / 29396030 acid diethylamide. / / 29396050 phenyl-1-propanone-2. / Fenilacetona. / 29143010 Pseudofedrina. / / 29394030 acetylanthranilic acid. / Acid-2-acetammidobenzoico. / 29242950 3, 4-metilenodioxifenilpropano-2-one. / / 29329077 Isosafrole (cis + trans). / / 29329073 Piperonal. / / 29329075 safrole. / / 29329071 the salts of the substances listed in this category whenever the existence of such salts is possible.


Category 2 acetic anhydride. / / 29152400 anthranilic acid. / / 29224950 phenylacetic acid. / / 29163300 piperidine. / / 29333930 the salts of the substances listed in this category whenever the existence of such salts is possible.


Category 3 acetone. / / 29141100-ethyl ether. / Diethyl ether. / 29091100 methyl ethyl ketone. / Butanone. / Toluene 29141200. / / 29023010/90 of potassium permanganate. / / 28416010 sulfuric acid. / / 28070010 hydrochloric acid. / Hydrogen chloride. / 28061000 the salts of the substances listed in this category, except sulfuric acid and hydrochloric acid whenever the existence of such salts is possible.


(ANNEXES II AND III OMITTED)