S.I. No. 6/1993:

EUROPEAN COMMUNITIES (MONITORING OF EXTERNAL TRADE IN SCHEDULED SUBSTANCES) REGULATIONS, 1993.

EUROPEAN COMMUNITIES (MONITORING OF EXTERNAL TRADE IN SCHEDULED SUBSTANCES) REGULATIONS, 1993.

The Minister for Health in exercise of the powers conferred on him by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby makes the following Regulations:--

1. These Regulations may be cited as the European Communities (Monitoring of External Trade in Scheduled Substances) Regulations, 1993.

2. (1) In these Regulations:--

"the Commission Regulation" means Commission Regulation (EEC) No. 3769/92⁽¹⁾ implementing the Council Regulation and includes any other such Commission Regulation made under Article 10 of the Council Regulation which has entered into force;

⁽¹⁾ Official Journal of the European Communities, No. L 383, 29.12.92 (pages 17 to 29).

"the Council Regulation" means Council Regulation (EEC) No. 3677/90⁽²⁾, as amended by Council Regulation (EEC) No. 900/92⁽³⁾, laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances;

⁽²⁾ Official Journal of the European Communities, No. L 357, 20.12.1990 (pages 1-4).

⁽³⁾ Official Journal of the European Communities, No. L 96, 10.4.1992 (pages 1-6).

"the Minister" means the Minister for Health;

"the State Chemist" means the head of the State Laboratory and includes any other person authorised by such person for the purpose of Article 10 of these Regulations.

(2) In these Regulations words and phrases shall have the same meaning as in the Council Regulation.

3. (1) Except in the case of Article 6 (2) of the Council Regulation the Minister shall be the competent authority in the State for the purpose of the Council Regulation.

(2) The Revenue Commissioners shall be the competent authority in the State for the purpose of Article 6 (2) of the Council Regulation.

4. An operator who contravenes any provision of the Council Regulation as amended by the Commission Regulation shall be guilty of an offence.

5. (1) A fee as prescribed hereunder shall be payable to the Minister in respect of the grant of a licence or authorisation under the Council Regulation in the following cases, that is to say--

( a ) in the case of a licence authorising an operator to engage in the import, export or transit of any scheduled substance listed in Category 1 of the Annex to the Council Regulation, -- a fee of £50 in respect of each class of substance to which the licence relates;

( b ) in the case of an authorisation authorising an operator, in the form of an individual export authorisation, to export a consignment of a scheduled substance, -- a fee of £50 in respect of each class of substance to which the authorisation relates;

( c ) in the case of an authorisation, authorising an operator on a global basis, in the form of an open individual export authorisation, to export consignments of any scheduled substance specified in the authorisation, -- an annual fee of £500 in respect of each class of substance to which the said authorisation relates.

(2) For the purposes of this article each of the substances specified in the Annex to the Council Regulation (together with its salts) and any mixture or other preparation containing it or any of its salts shall be treated as a separate class.

6. (1) For the purpose of enforcing these Regulations and the Council Regulation, as amended by the Commission Regulation--

( a ) a member of the Garda Síochána,

( b ) an officer of customs and excise, or

( c ) a person authorised in that behalf by the Minister (hereinafter in this article referred to as an authorised person)

may at all reasonable times:--

(i) enter any building or other premises in which an operatort carries on business,

(ii) require any such person, or any person employed in connection with such a business, to produce any scheduled substances which are in his possession or under his control,

(iii) require any such person, or any person so employed, to produce any book, record or other document which relate to transactions concerning scheduled substances, and

(iv) inspect any scheduled substance, book, record or other document produced in pursuance of a requirement under this article.

(2) Every person authorised by the Minister under sub-article (1) (c) of this article shall be furnished with a certificate of his authorisation and if, when claiming to exercise a power by virtue of this article, any such person is requested to produce the said certificate, the power shall not be exercisable by him except on production of the certificate.

(3) A person who by act or omission obstructs or impedes a member of the Garda Síochána, an officer of customs and excise or an authorised person, in the exercise of a power, or without reasonable excuse does not comply with a requirement under this article or who, in purported compliance with such a requirement under this article, gives information which he knows to be false or misleading shall be guilty of an offence.

7. A person who, for the purpose of obtaining for himself or another, the grant, issue, renewal or retention of a licence, authorisation or registration under the Council Regulation:--

( a ) makes any statement or gives information which he knows to be false in a material respect or recklessly gives information which is false, or

( b ) produces or otherwise makes use of any book, record or other document which to his knowledge contains any statement or information which he knows to be false in a material respect,

shall be guilty of an offence.

8. (1) A person who commits an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding one year or to both.

(2) Where an offence under these Regulations is committed by a body corporate or by a person purporting to act on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, such person shall also be guilty of the offence.

(3) Notwithstanding Section 10 (4) of the Petty Sessions (Ireland) Act, 1851 (1851, c.53), proceedings for an offence under these Regulations may be instituted at any time within twelve months from the date of commission of the offence.

9. In any proceedings for an offence under these Regulations, the production of a certificate purporting to be signed--

( a ) by an officer of the Forensic Science Laboratory of the Department of Justice, or

( b ) by the State Chemist, and relating to an examination, inspection, test or analysis, as the case may be, specified on the certificate of a scheduled substance or other substance, product, mixture or preparation so specified shall, until the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such an officer.

10. (1) Fees paid to the Minister under these Regulations shall be paid into, or disposed of for the benefit of, the Central Fund in accordance with the directions of the Minister for Finance.

(2) The Public Offices Fees Act, 1879, (1879, c58) shall not apply in respect of any fees paid under these Regulations.

11. The provisions of these Regulations shall extend to the Customs-Free airport at Shannon and to any free port established under Section 2 of the Free Ports Act, 1986 (No. 6 of 1986.)

GIVEN under the Official Seal of the Minister for Health, this 8th day of January, 1993.

DR. JOHN O'CONNELL,

Minister for Health.

The Minister for Tourism, Transport and Communications hereby consents to the making of the foregoing Regulations. Dated this 11th day of January, 1993.

MÁIRE GEOGHEGAN-QUINN,

Minister for Tourism, Transport

and Communications.

The Minister for Finance hereby consents to the making of the foregoing Regulations. Dated this 11th day of January, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

The principal effect of these Regulations is to designate the relevant national competent authorities for the various purposes of Council Regulation (EEC) No. 3677/90 (as amended) laying down measures to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances. The Regulations also provide penalties for breaches of the Council Regulation and for the giving of false information or documentation with a view to obtaining or retaining a licence, or registration under the Council Regulation. Penalties are also provided for in the case of a person who by act or omission obstructs or impedes the supervision and enforcement of the Regulations.

These Regulations form part of the world-wide efforts to combat drugs. They give effect to that part of Article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 which relates to the monitoring and control of trade with countries outside the European Community in the case of those substances identified as being frequently used in the illicit manufacture of narcotic drugs and psychotropic substances.