Basic information
Outline of the system
This section provides a description on the EU legislation regulating the imports of drug precursors. Drug precursors are chemicals used in the illicit manufacture of drugs such as cocaine, ecstasy and amphetamines. However, these chemicals have primarily large and varied legitimate uses such as in the production of plastics, pharmaceuticals, cosmetics, perfumes, detergents and aromas. A control and monitoring system has been put in place therefore to avoid their 'diversion' to illegal channels. This system implements article 12 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substance.
Product coverage
The EU legislation provides for licensing and registration of operators and users, the obligation to notify suspicious orders and transactions by operators and import (and export) authorisations.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licensing is not intended to restrict the quantity or value of imports. The approval system aims at monitoring trade and authorization of imports of drug precursors.
Questions for products under restriction as to the quantity or value of imports
Not applicable
The system applies to products originating from which country?
The import licensing requirement applies to any natural or legal person engaged in import of Category 1 substances from all third countries and territories.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The legal basis is:
- Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ L 22, 26.1.2005, p. 1) and its subsequent amendment. A consolidated version of the Regulation can be consulted at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1566907038515&uri=CE...
- Commission Delegated Regulation (EU) No 2015/1011 of 24 April 2015 supplementing Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors, and repealing Commission Regulation (EC) No 1277/2005 (OJ L 162, 27.6.2015, p. 12) and its subsequent amendment. A consolidated version of the Regulation can be consulted at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1566907099640&uri=CE...
- Commission Implementing Regulation (EU) No 2015/1013 of 25 June 2015 laying down rules in respect of Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and of Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors (OJ L 162, 27.6.2015, p. 33):
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1469794642923&uri=CEL...
An import authorization, as defined in Article 20 of Regulation (EC) No 111/2005, is required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products to be subjected to licensing to administrative discretion
Is it possible for the government to abolish the system without legislative approval?
It is not possible to abolish the system without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Any person holding a valid licence or registration can lodge an application.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The standard model forms that must be used for the authorization are contained in Commission Implementing Regulation (EU) 2015/1013 of 25 June 2015 laying down rules in respect of Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and of Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors.
What documents is the importer required to supply with the application?
The standard model forms that must be used for the authorization are contained in Commission Implementing Regulation (EU) 2015/1013 of 25 June 2015 laying down rules in respect of Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and of Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Import authorisations shall be applied for in sufficient time.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
No. The issue of a licence is not automatic.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The issue of a licence is not automatic. EU Member States competent authorities shall decide on the granting of authorisations within 15 working days from the date of receipt of a complete application.
Which administrative body is responsible for approving application of licences?
The issuance of import authorizations is exclusively done by Member States competent authorities.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Not applicable
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Certain EU Member States apply authorization fees.
What is the amount of the fee or charge?
The amount depends on each Member State.
Is there any deposit or advance payment required associated with the issue of licences?
Neither a deposit nor an advance payment is required.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Licensing policy follows closely the provisions and spirit of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Failure to meet the criteria specified in the regulation will result in an application being refused. The relevant legislation does not explicitly describe the detailed procedures applicable in case of refusal of an application, but they are in line with the overall administrative practices applicable in the EU.
Are the reasons for any refusal given to applicants?
Thus, it is ensured that the reasons for a refusal will be given to the applicant
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicants have the right of appeal in the event of refusal to issue a licence.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
An import authorisation as presented it Annex I of the Regulation (EU) No 2015/1013
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Importers also need a permanent "registration" (defined as a "licence" in the legislation).
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The maximum time validity of an import permit is six months.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalty for non-utilization.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
No foreign exchange control.
Is a licence required as a condition to obtaining foreign exchange?
No foreign exchange control.
Is foreign exchange always available to cover licences issued?
No foreign exchange control.
What formalities must be fulfilled for obtaining the foreign exchange?
No foreign exchange control.