Basic information
Outline of the system
The drug precursor control system allows the United Kingdom to meet its international treaty obligations under the 1988 UN Convention Against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Product coverage
Drug precursors are divided into 4 categories (Please see further information on: https://www.gov.uk/guidance/precursor-chemical-licensing#categories):
• Category 1: the most sensitive substances, such as piperonal, chloroephedrine and ergometrine;
• Category 2: less sensitive substances and pre-precursors, such as acetic anhydride, piperidine and phenylacetic acid;
• Category 3: bulk chemicals that can have different uses, such as toluene, methyl ethyl ketone (MEK) and sulphuric acid;
• Category 4: medicinal products containing ephedrine or pseudoephedrine.
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 protect human, animal or plant life and health; protect environment; pursue obligations under the UN Charter and other international treaties.
Products under restriction as to the quantity or value of imports
The objective of the system is to prevent the diversion of drug precursors for illicit manufacture while maintaining a competitive market for legitimate trade.
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 need for import and/or export licences depends on several factors, such as which category substance falls into and the quantity. Please see the full chart covering the goods here:
Precursor chemical import and export authorisation wallchart - GOV.UK (www.gov.uk)
https://www.gov.uk/government/publications/precursor-chemical-import-and...
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The legislation and regulations under which the drug precursor systems are controlled are laid out below. (Specific arrangements apply in Northern Ireland including by virtue of the Protocol on Ireland/Northern Ireland. Further details on the operation of the Protocol on Ireland/Northern Ireland can be found at: [https://www.gov.uk/government/publications/the-northern-ireland-protocol).
- Regulation (EC) 273/2004 of the European Parliament and Council of 11 February 2004 on drug precursors (Retained EU Legislation)
- Council Regulation (EC) 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (Retained EU Legislation)
- Commission Delegated Regulation (EU) 2015/1011 supplementing Regulation (EC) No 273/2204 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 (Retained EU Legislation)
- 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 (Retained EU Legislation)
- The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008
- The Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008
- The above are amended by the Part 5, Chapter 1 of the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019.
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?
To apply for a DPC import or export licence the company needs to hold the relevant domestic licence or registration where one is needed. It depends on several factors, such as the substance, the quantity and countries involved in the transaction as set out in the document at the following link:
Precursor chemical export and import authorisation (publishing.service.gov.uk)
You need to apply for a new import or export licence for each individual shipment. Licences cannot be post-dated or retrospectively issued. If you are applying for a UK export licence you must include a copy of the import permit.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Each individual licence has a fee of £24.
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
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?
Regulations require that all imports, exports and intermediary activities involving precursors chemicals be documented by operators.
Operators must lodge an application for an import or export authorisation (licence) with the competent authority in which the importer/exporter is established. The Home Office serves as the "competent authority". Applications must be made via the national drugs control system (NDS) in respect of each transaction (shipment). Import/Export licences can only be sought after the relevant domestic licence or registration is held.
Applications for authorisations must contain full information about the transport arrangements, name and address of all operators involved, and nature, quantity and weight of the substance being traded.
What documents is the importer required to supply with the application?
To apply for a domestic licence, they will need to provide the following information and documents:
· the company registration document from Companies House (if applicable);
· a valid Disclosure and Barring Service (completed via Security Watchdog) reference number and date of issue for the responsible officer and guarantor;
· a certificate of good conduct for the responsible officer – this should be a brief letter signed by another officer of the company such as the guarantor and should, for example, confirm that the responsible officer is a fit and proper person to act as the responsible officer for precursor chemicals. They may also wish to state how long the responsible officer has worked for the company, the role they hold and a statement on how they have carried out their duties;
· a purchase order (PO) number (if applicable to your company or organisation);
· knowledge of the PC substances and categories.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applicants should be submitted in advance as they usually take 12-16 weeks to process once the Home Office have received the Disclosure and Barring Service (DBS) checks for all those named on the licence application.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
The process is not automatic, so it cannot be immediately granted. However, a licence could potentially be granted on the same day if the company already holds a valid domestic licence and have set up the products and foreign trade establishments on the NDS system.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
People can ship any time during the validity of the licence. Import licences are valid for three months and export licenses are valid for 2 months. Home Office service standard is seven-ten working days in addition.
Depending on Licensing Unit resource, a same day licence could be issued. If goods arrive at the port without a licence, a retrospective licence would not be issued as the offence has already occurred.
Which administrative body is responsible for approving application of licences?
Consideration of licence applications is affected by a single administrative organ, the Drugs and Firearms Licensing Unit in the Home Office.
Must the applications be passed on to other organs for visa, note or approval?
However, the Unit will have regard to information from other agencies. Operators must lodge an application for an import or export authorisation (licence) with the competent authority in which the importer/exporter is established. The Home Office serves as the "competent authority".
Are there any other conditions attached to the issue of a licence?
There are no other conditions attached to the issue of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The fee for an individual export or import licence is £24. The Home Office will process applications in date order. The expected processing time is 7 working days. You should expect another 15 days' processing time if a pre-export notification is required while the importing authority considers your export.
What is the amount of the fee or charge?
Precursor chemical domestic licences: application fees for new precursor chemical domestic licences
|
Licenceable activity/activities |
Licence application fee |
|
Category 1 licence |
£3,655 |
|
Category 2 registration |
£435 |
|
Category 3 registration |
£435 |
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment requirement. Payment is in arrears for import licensing only. All domestic licensing fees are paid before a licence is issued.
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?
There are no specific circumstances under which an application for a licence may be refused other than failure to meet the ordinary criteria.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants do not have 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?
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
What documents are required upon actual importation?
The import licence is required upon actual importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Customs declarations.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Import licence three months, Export licence two months or to the expiry of the import licence. The validity of a licence cannot be extended and is only valid for a single shipment.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Licences are for single shipments only; they cannot be used for multiple shipments. There is no penalty for the non-utilization of a licence or a portion of a licence, but licence fees are still payable.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.