Drug precursors

Member:

Legislations

Products

Basic information

Outline of the system

The Drug Precursors Licensing regime is an established regime which derives from the requirements of wider international obligations under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988.
This will mean that companies trading in drug precursors will be required to apply to the Home Office Drugs and Firearms Licensing Unit for:
• Domestic Licences and Registrations – when possessing certain categories of drug precursor chemicals.
• Import and Export Licences – when trading in certain categories of chemicals.
• Pre-export notification – when trading in certain categories of chemicals.
The full licensing requirements and processes can be found at the following link:
https://www.gov.uk/guidance/precursor-chemical-licensing

Product coverage

Full list in the annex and can be found in the following link:

https://www.gov.uk/government/publications/precursor-chemical-import-and...

Nature of licensing

Automatic

If Automatic, administrative purpose

Non-Automatic

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Non-Automatic licensing to pursue obligations under the UN Charter and other international treaties

Products under restriction as to the quantity or value of imports

Questions for products under restriction as to the quantity or value of imports

The system applies to products originating from which country?

Expected duration of licensing procedure

Ongoing

Legal requirements

Is the licensing statutorily required?

Retained EU law
1. Regulation (EC) No. 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors.
2. 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.
3. 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.
4. 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.

UK legislation

5. The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008.
6. The Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008.
7. Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 – Part 5, Chapter 1, Drug Precursors.

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

Is it possible for the government 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?

Is there a registration fee?

Is there a published list of authorized importers?

Contact point for information on eligibility

Ministry/Authority

Drugs and Firearms Licensing Unit

Address

2 Marsham St, LONDON, SW1P 4DF, UK

Telephone

+44 (0) 20 7035 6330

Fax

E-mail address

dflu.ie@homeoffice.gov.uk

Website

https://www.gov.uk/guidance/precursor-chemical-licensing

Contact officer

Submission of an application

Administrative body(ies) for submission of an application

Drugs and Firearms Licensing Unit

Documentation requirements

What information is required in applications?

What documents is the importer required to supply with the application?

Window of submission of an application

How far in advance of importation must application for a licence be made?

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Issuing the license

Can a licence be granted immediately on request?

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

Which administrative body is responsible for approving application of licences?

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?

Fees and other administrative charges

Is there any licensing fee or administrative charge?

What is the amount of the fee or charge?

Is there any deposit or advance payment required associated with the issue of licences?

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?

Are the reasons for any refusal given to applicants?

Have applicants a 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?

What documents are required upon actual importation?

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Conditions of licensing

What is the period of validity of a licence? Can the validity be extended? How?

Is there any penalty for the non-utilization of a licence or a portion of a licence?

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Foreign Exchange

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Is a licence required as a condition to obtaining foreign exchange?

Is foreign exchange always available to cover licences issued?

What formalities must be fulfilled for obtaining the foreign exchange?

The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)

6.1

Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

6.2

Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?

6.3

Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)

6.4

From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

6.5

What are the minimum and maximum lengths of time for processing applications?

6.6

How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

6.7

Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

6.8

If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

6.9

In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

6.10

In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

6.11