STATUTORY INSTRUMENTS

S.I. No. 42 of 2003

Misuse of Drugs (Scheduled Substances) (Exemption) (Amendment) Order, 2003

DUBLIN

PUBLISHED BY THE STATIONERY OFFICE

S.I. No. 42 of 2003 .

MISUSE OF DRUGS (SCHEDULED SUBSTANCES) (EXEMPTION) (AMENDMENT) ORDER, 2003.

I, Micheál Martin, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the Misuse of Drugs Act, 1977 (No. 12 of 1977 ), as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997, (S.I. No.308 of 1997 ), hereby order as follows:

1.         This Order may be cited as the Misuse of Drugs (Exemption) (Amendment) Order, 2003 and shall come into force on the 4^th day of February 2003.

2.         This Order shall be construed as one with the Misuse of Drugs (Scheduled Substances) (Exemption) Order, 1993 (S.I. No. 341 of 1993 ) and may be cited with that Order as the Misuse of Drugs (Scheduled Substances) (Exemption) Orders, 1993 and 2003.

3.         The Misuse of Drugs (Exemption) Order, 1993 is hereby amended by the insertion in paragraph 1 of the Schedule thereto of the substance Norephedrine (otherwise known as Phenylpropanolamine).

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

The purpose of these Regulations is to implement Council Directive 2001/8/EC of the 8 February 2001 (OJ No. L.39, 09.02.2001, p. 39), which amended Council Directive 92/109/EEC (OJ No. L.370, 19.12.1992, p. 76), on the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances

The effect of this Order is to exempt from the provisions of section 3 of the Misuse of Drugs Act, 1977 (which prohibits the possession of controlled drugs) certain preparations containing norephedrine (otherwise known as phenylpropanolamine) (including medical preparations and animal remedies) and preparations and other products which are compounded in such a way that the active substance concerned cannot be easily used or recovered by readily applicable means.