S.I. No. 342/1993:

MISUSE OF DRUGS (AMENDMENT) REGULATIONS, 1993.

MISUSE OF DRUGS (AMENDMENT) REGULATIONS, 1993.

The Minister for Health, in exercise of the powers conferred on him by sections 4 , 5 and 38 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), hereby makes the following Regulations:--

1. These Regulations may be cited as the Misuse of Drugs (Amendment) Regulations, 1993.

2. These Regulations shall be construed as one with the Misuse of Drugs Regulations, 1988 ( S.I. No. 328 of 1988 ) and may be cited together with those Regulations as the Misuse of Drugs Regulations, 1988 and 1993.

3. The Misuse of Drugs Regulations, 1988 are hereby amended as follows:--

( a ) the following paragraph shall be added to article 4 (2)--

"(c) Sub-article (1) (c) shall not apply to Flunitrazepam or to Temazepam or to any animal remedy or medical preparation containing any proportion of any of those substances.";

( b ) the following article shall be inserted after article 15--

"15A A person shall not export a controlled drug unless the transactions relating thereto are properly documented and the commercial documents such as invoices, cargo manifests, customs, transport and other shipping documentation accompanying the drug include the name of the drug as set out in the relevant Schedule or, where such name would not adequately identify the drug, the international non-proprietary name for the drug as recommended by the World Health Organisation. Such documentation as aforesaid shall be dated and shall also include the total quantity being exported, the name and address of the exporter and of the importer and when available that of the ultimate consignee.";

( c ) in paragraph 1 (1) of Schedule 1--

(i) after "Eticyclidine" there shall be inserted "Khat (being the leaves of Catha edulis (Celastraceae)"; and

(ii) at the end there shall be added "N-Hydroxytenamphetamine" and "4-Methyl-aminorex";

( d ) in paragraph 6 of Schedule 2, the word "Selegiline" shall be deleted;

( e ) in paragraph 1 (a) of Schedule 3--

(i) after "Ethinamate" there shall be inserted the words "Flunitrazepam", and "4-Hydroxybutanoic acid";

(ii) the word "Phenylacetone" shall be deleted; and

(iii) at the end there shall be added "Temazepam"; and

( f ) in paragraph 1 of Part 1 of Schedule 4--

(i) after "Mefenorex" there shall be inserted "Midazolam";

(ii) after "Pyrovalerone" there shall be inserted "Selegiline"; and

(iii) the words "Flunitrazepam" and "Temazepam" shall be deleted.

GIVEN under the Official Seal of the Minister for Health this 22nd day of November, 1993.

BRENDAN HOWLIN,

Minister for Health.

EXPLANATORY NOTE.

These Regulations amend the Misuse of Drugs Regulations, 1988--

( a ) to require exports of controlled drugs to be properly documented and to ensure that the relating shipping documentation properly identifies the drug. This is to conform with Article 16 of the United Nations Convention against illicit traffic in Narcotic Drugs and Psychotropic Substances,

( b ) to add certain additional substances to the Schedules to the Regulations. These include Khat, N-Hydroxy-tenamphetamine and 4-Methyl-aminorex (to Schedule 1), 4-Hydroxybutanoic acid (to Schedule 3) and Midazolam (to Schedule 4),

( c ) to reduce the extent of the controls applicable to Selegiline which is being transferred from Schedule 2 to Schedule 4,

( d ) to apply Schedule 3 type controls (except for import and export) to Flunitrazepam and Temazepam and to make consequential deletions from Schedule 4, and

( e ) to delete Phenylacetone (which as a scheduled substance is now to be the subject of another form of control under the Act).