6 Colum. J. Eur. L. 383 (2000)

Shane Heather McKenzie.

On July 24, 2000, the European Council adopted Regulation (EC) 1610/2000 amending Regulation (EEC) No. 3769/92 implementing and amending Council Regulation (EEC) No. 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances. This regulation, as did the regulations before it, gives teeth to the 1988 United Nations (UN) Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. According to Article 12 of that Convention, “the Parties shall take the necessary measures they deem appropriate to prevent diversion of substances … used for the purpose of illicit manufacture of narcotic drugs or psychotropic substances.”a Regulation 1610/2000 joins a long line of European Community (EC) regulations that progressively improve the EC’s enforcement of the 1988 UN Convention.

THE HISTORY OF EC REGULATION OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

On October 22, 1990, The European Council declared its competence to formulate policy regarding the 1988 UN Convention. In effect, the EC is now a signatory to the Convention and is authorized to enforce its provisions on behalf of Member States. The 1988 UN Convention supplements and reinforces several earlier UN measures contained in the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 protocol and the 1971 Convention on Psychotropic Substances. The 1988 Convention established internationally recognized offenses relating to drug trafficking, punishable under the domestic law of the parties to the convention. Moreover, it created a framework for international cooperation to bring traffickers and others who profit from trafficking to justice. To reinforce such cooperation, the EC established a uniform administrative mechanism for all Member States.

In order to ensure homogeneous application of the 1988 UN Convention by Member States, the European Council adopted Council Regulation (EEC) No. 3677/90, laying down measures to discourage the diversion of certain substances. This regulation provides basic guidelines for the monitoring of “precursors,” licit substances frequently used in the illicit manufacture of narcotic drugs. First, it adopts the two categories of precursors elucidated in the 1988 UN Convention: those with limited use for licit purposes (Table I), and those of essential importance for legitimate commercial use (Table II).” Second, it requires that all import, export and transit oerations of substances listed in the Annex be properly documented and labeled. Third, it requires that exporters of Table I substances notify the competent authorities of the exporting state 15 days in advance of anticipated export. It further requires that the competent authorities authorizing export furnish the shipment’s details to any importing country requesting pre-export notification. Finally, substances in Table I1 are also susceptible to pre-export notification requirements, if requested by the importing state. By 1992, several states had requested pre-export notification of substances listed in Tables I and 1I from the EC.