Regulation (EEC) No 3677/90 of the Council of 13 December 1990 (OJ 1990 L L, p. L 357, 20), as amended by Council Regulation (EEC) 900/92 of 31 March 2001 (OJ No L, p. L 96, of 10 April), sets out a series of measures to prevent the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances. The Order of 10 December 1991 ("Official State Gazette" of 19) was issued in its development.

This Regulation was developed with regard to the Commission of the European Communities and, in turn, amended by Commission Regulations (EEC) No 3769/92 of 21 December 1992 (OJ No L, p. L 383, 29), and 2959/93 of the Commission of 27 October ("OJ" No. L 267, 28). These aspects of the Directive are hereby complied with, the implementation of which is the responsibility of the Member States, reproducing in whole or in part the provisions contained in those EEC Regulations in order to facilitate the understanding of the rule, without is an obstacle to their direct applicability. In its virtue, with the approval of the Minister for Public Administrations, on a proposal from the Ministers of Justice and Interior, Economy and Finance, Industry and Energy, Health and Consumer Affairs, Social Affairs and Trade and Tourism, Available:

First. Activity License.

1. Substances Category 1. -Operators, excluding Customs agents, stockists and carriers acting solely on the condition of such agents, carrying out import, export and transit operations of the substances listed in category 1 of Annex I, or of mixtures containing them, must be in possession of an Activity License.

2. Request. To this end, operators shall direct an application to the Customs and Excise Department of the State Tax Administration Agency.

3. Operator. -For the purposes of this Order, "operator" means any natural or legal person engaged in the European Community in the manufacture, production, marketing or distribution of substances listed in Annex I; or participate in other related activities, such as import, export, transit, brokering and processing of these scheduled substances. This definition includes, in particular, persons exercising, as a non-salaried activity, the profession of making customs declarations, either as a principal or as an accessory to another activity.

4. Request data. -The Activity License request must contain the following data:

Name, social reason, NIF, and operator address.

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

Use given to them.

Target of the same, in export and transit assumptions.

Commitment to target them for lawful purposes.

5. Resolution.

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

5.2 For the grant or refusal of the License, the provisions of Article 2a of Regulation (EEC) 3677/90, as well as for the cancellation or suspension thereof, shall be provided for.

5.3 The request for a non-resolution may be deemed to be rejected within the time limit set.

6. Carrying out the customs clearance. No import, export or transit of these substances may be carried out without a record in the declaration of the number of the License of Activity of those operators who are obliged to have the same to be able to perform these operations.

Second. Registration.

1. Category 2 substances. The carrying-out of import, export and transit operations of the substances listed in category 2 of Annex I, or of mixtures containing them, shall be subject to the prior registration of the operators, excluding Customs agents, storekeepers and carriers acting solely on the condition of such, in the Register which for this purpose is constituted in the Department of Customs and Excise of the State Administration Agency Tax.

2. Category 3 substances. The carrying out of export operations of the substances listed in category 3 of Annex I, or of mixtures containing them, shall be subject to the prior registration of the operators in the Register indicated in the Previous number. Operators whose exports of these substances, or of mixtures containing them, have not exceeded the following quantities during the preceding calendar year shall be exempt from this registration obligation:

Substance/Quantity Kilograms

Acetone/50

Ethyl Ether/20

Methylethylketone/50

Toluene/50

Potassium permanganate/5

Sulfuric Acid/100

Hydrochloric acid/100

3. Application data. -Operators must apply for registration, stating:

However, if these quantities are exceeded in the course of the calendar year, the registration in the Register shall be compulsory, from the moment when the above ceilings are exceeded.

Name, social reason, NIF, and operator address.

Addresses of your factories or their establishments or warehouses.

Commitment to communicate any changes in these addresses.

4. Carrying out the customs clearance. No import, export or transit dispatch may be carried out, as appropriate, without stating in the declaration of the number of the Registry of Operators attributed to those who are obliged to have the same to be able to perform these operations.

Third. Export of scheduled substances in category 1 of Annex I.

1. Licence for the Export of Cataloged Substances. The export of the scheduled substances in category 1 of Annex I shall be subject, irrespective of the provisions of the first subparagraph, to the prior acquisition of a License of Export of Cataloged Substances, adjusted to the model in Annex II, issued by the Department of Customs and Excise, at the request of the exporter.

2. Filing of the application. -The application will be directed to the Customs and Excise Department of the State Tax Administration Agency.

3. Request data. -The Cataloged Substance Export License request must contain the following data:

Name, social reason, and address of:

Exporter.

Importer.

End Recipient.

Customs agents.

Other operators.

Designation of the substance, adjusted to the name given in Annex I.

Quantity and Weight. In the case of preparations not excluded from Council Regulation (EEC) No 3677/90 of 13 December 1990, the quantity and weight of the substance or substances listed in Annex I thereto shall be included in their composition.

Shipment data:

Dispatch Customs.

Expected date of dispatch.

Means of transport.

Itinerary.

Point of departure from the customs territory of the Community.

Entry point in the importing country.

Copy of the import authorization, if applicable in accordance with the provisions of the following point 10.

Other.

4. File resolution:

4.1 The Department of Customs and Excise will dictate its resolution within 15 working days from receipt of the request.

4.2 The resolution of the file in a favorable manner will result in the issue and delivery to the interested party of a "Cataloged Substance Export License".

4.3 The request for a non-resolution may be deemed to be rejected within the time limit set.

5. Refusal.-The Customs and Excise Department may refuse the requested Cataloged Substance Export License when, in accordance with the provisions of Regulation (EEC) 3677/90, any of the following circumstances:

The information provided is reasonably presumed to be false or incorrect.

The import of the substance in the country of destination is not authorised in accordance with the provisions of 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. Application for prior export notification. -Where the Commission of the European Communities has communicated that another country has required the prior notification of the export of scheduled substances, the Department of Customs and Excise The company will not issue the corresponding Cataloged Substance Export License as long as it has not previously made such notification.

7. Prior authorization of importation. -When another country has so requested, the Export License of Cataloged Substances will not be issued, as long as it has not been presented in the Customs and Excise Department copies of the authorization of import into that, from which confirmation may be requested.

For the purposes set out in this point, the abovementioned Department shall publish the list of countries requiring the prior granting of import authorisation.

8. Export dispatch.-The application for export of the substances of category 1 of Annex I shall require the presentation, together with the declaration of release and the documentation required, of the copy number 2 of the Export license for Cataloged Substances.

The export customs office, carried out the appropriate checks, shall complete its box 20 and copy copy of the copy number 2 to the declaration of dispatch.

If the exit from the customs territory of the Community is carried out by a customs office other than that for which the export dispatch has been carried out, the customs office of exit, carried out the appropriate checks, shall complete the Box 21, and shall send the copy No 2 to the Customs Export.

If two months after the date of the export dispatch, the Export Customs Office would not have received the copy number 2 duly completed by the customs office of exit will put it to the attention of the Department of Customs and Excise.

Fourth. Export of scheduled substances in category 2 of Annex I.

1. Export license for Cataloged Substances. -Export of scheduled substances in category 2 of Annex I will require the obtaining of a Cataloged Substance Export License, issued by the Department of Customs and Excise duty, which may be individual or generic. For their concession, the provisions of the previous Third Section, for the individual and the subsequent Sixth, for the generic ones.

2. Individual License. The License shall be individual, for each export operation, when, in accordance with the provisions of Regulation (EEC) 3677/90, there are suspicions of diversion of the substances for the illicit manufacture of narcotic drugs and psychotropic substances.

Equally, in all cases, when it is intended to export acetic anhydride 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 Annex I.

1. Export licence for Cataloged Substances. The export of the scheduled substances in category 3 of Annex I shall be conditional upon the obtaining of an individual or generic Substance Export Licence in the Member States. The following cases: (a) When you intend to export:

I)

Substance/Target Countries

Methylethylketone and its salts. /Argentina.

Toluene and its salts. /Bolivia.

Potassium remains and its salts. /Brazil.

Sulfuric acid. /Chile.

Colombia.

Costa Rica.

El Salvador.

Ecuador.

Guatemala.

Honduras.

Hong Kong.

Panama.

Paraguay.

Peru.

Syria.

Thailand.

Uruguay.

II)

Substance/Target Countries

Acetone 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 the export to be not authorized, as long as the country of destination has not granted authorization to import any of the scheduled substances into its country.

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

2. Grant of the License. -For the grant of this Export License will be in accordance with the previous Third Section, for the individual, and the later Sixth, for the generic.

3. Generic License. -Where circumstances permit, provided that there is no suspicion of diversion for the illicit manufacture of narcotic drugs and psychotropic substances, the Cataloged Substance Export License may be generic.

Sixth. Generic Licenses.

1. Request.-The usual operators intending to export scheduled substances in categories 2 and 3 of Annex I under a Generic Export License of Cataloged Substances (Annex III) shall in their request, in accordance with the provided for in Regulation (EEC) No 3769/92, to be provided to the Customs and Excise Department:

a) Accreditation of your qualification and professional experience.

b) Summary of exports of scheduled substances in the previous twelve months detailing:

Exported substance.

Total number of shipments made.

Exported quantities globalized by destination countries.

c) Commitment not to use them for illicit purposes and description of the measures taken to prevent their illicit use.

d) Commitment to communicate any suspicious circumstances that may cause the alleged illicit use to be presumed.

e) Commitment to provide all global information requested on the export of these substances.

f) Commitment to notify changes to the information provided.

2. Processing. The processing of this Generic License shall be subject to the provisions of the preceding paragraph and the special rules contained in this paragraph.

3. Suspension or revocation-The Department of Customs and Excise will be empowered to suspend or cancel the Generated Cataloged Substance Export License, if:

(a) The information provided is not considered accurate or will cease to be accurate.

(b) The measures taken to prevent the use of substances for illicit purposes are not considered sufficient.

(c) The quarterly summaries referred to in point 4 (e) are not supplied. next.

4. Obligations.-The holder of a Generic Export License of Cataloged Substances shall be obliged to:

a) Indicate the number of the Generic License in each Export Statement.

b) Enroll the operation on its register as soon as the substance leaves its premises for export.

(c) Register the data for the import authorisation of the substance in the country of destination in that register, if required.

d) accompany each export with a copy of the Generic License until its departure from the customs territory of the Community.

e) To deliver a quarterly summary of the exports made under this Generic License to the Department of Customs and Excise.

This summary will contain at least the following detail:

Number of exports.

Exported substances: Denomination and quantity.

Target countries. Seventh. Prohibition of import or export.

The Department of Customs and Excise may prohibit the importation into our country of substances listed in Annex I, or their export, where there are reasonable grounds to believe that such substances are for the illicit manufacture of narcotic drugs or psychotropic substances.

Eighth. Operations from Zona Franca, Deposit Franc or Customs Deposit.

The operations which, with the substances listed in Annex I, are intended to be carried out from Free Trade Zones, Free Deposits or Deposits, shall be subject to compliance by the operators of the same requirements and conditions set out in the above points.

Ninth. Enabling the State Tax Administration Agency.

This Order may be amended by a Resolution of the President of the State Tax Administration Agency in the case of the implementation of Community rules that require it. Tenth. Department of Customs and Excise Department.

The Director of the Customs and Excise Department of the State Tax Administration Agency is hereby authorized to issue any instructions for the application and development of the present is available.

11th. Application of Law 30/1992.

As not provided for by the European Community legislation, the procedures covered by this Order shall be in accordance with the provisions of Law No 30/1992 of 26 November 1992 and the general rules on administrative procedures. authorization.

12th. Repeal.

The Order of 10 December 1991 is hereby repealed.

Madrid, 15 November 1994.

PEREZ RUBALCABA

Excms. Mr Ministers for Justice and Home Affairs, Economic and Financial Affairs, Industry and Energy, Health and Consumer Affairs, Social Affairs and Trade and Tourism.

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-propane-2. /Phenylacetone. /29143010

Pseudophedrine. //29394030

Acetylanthranilic acid. /Acid-2-acetammidobenzoic. /29242950

3,4-methylenodioxiphenylpropane-2-one. //29329077

Isosafrol (cis + trans). //29329073

Piperonal. //29329075

Safol. //29329071

The salts of the substances listed in this category, provided that the existence of such salts is possible.

Category 2

Acetic Anhydride. //29152400

Antranilic acid. //29224950

phenylacetic acid. //29163300

Piperidine. //29333930

The salts of the substances listed in this category, provided that the existence of such salts is possible.

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

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

(ANNEXES II AND III OMITTED)