Message 001
Communication from the Commission - TRIS/(2024) 0097
Directive (EU) 2015/1535
Notification: 2024/0014/NL
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20240097.EN
1. MSG 001 IND 2024 0014 NL EN 15-01-2024 NL NOTIF
2. Netherlands
3A. Ministerie van Financiën, Dienst Douane Noord, CDIU.
3B. Ministerie van Justitie en Veiligheid, DG Ondermijning, cluster Drugs
4. 2024/0014/NL - C00C - CHEMICALS
5. Ministerial Regulation containing a list of precursors, in addition to Article 4(a) of the Law on the prevention of the abuse of chemical substances [Wet voorkoming misbruik chemicaliën]. This is an addition of precursors to a previous notification under number: 2022/156/NL-C00C.
6. These are precursors/pre-precursors that can be used for the illicit manufacture of narcotic drugs or psychotropic substances and for which no legal uses are known (see list in Annex).
7.
8. The Dutch Law on the prevention of the abuse of chemical substances contains references to the REACH Regulation and Regulations No 273/2004 and 111/2005, which provide a fully harmonised framework for the import, export and placing on the market of the so-called scheduled substances. However, the harmonised framework for scheduled substances focuses on legal trade and does not provide sufficient scope for action against substances which are not traded and manufactured for any other purpose than for the production of synthetic drugs. These are (usually) substances that do not have a legal application and which are produced exclusively to avoid regulation.
Pursuant to Article 4 of the Law on the prevention of the abuse of chemical substance, substances which are prohibited to be imported, exported, transported or possessed may be designated by ministerial regulation. The substances included in this notification will be included in the regulation, which means that it is prohibited to import, export, transport or possess such substances.
This list of substances (which are included in the ministerial regulation) has been compiled by an expert group composed of representatives of criminal justice and public organisations and the (chemical) industry. These substances are exclusively used for the illicit manufacture of narcotic drugs and psychotropic substances and do not have known legal uses. By consequence, a ban does not interfere with the free movement of goods within the EU.
No provision of mutual recognition has been included as this is not possible. The Regulation introduces a ban on chemicals for which no legal use is known. It is not conceivable that another Member State has provisions explicitly authorising a particular substance because, as a general rule, substances are authorised (whether or not under conditions) unless they are expressly banned. Should it be the case that a substance is explicitly authorised or prescribed in a Member State, this concerns a substance for which there is a legal intended use, and the substance cannot be designated under the Dutch Regulation.
9. It is a non-discriminatory and proportionate measure because we only prohibit substances that have no legal application. The legal chemical industry is therefore not affected by this ban.
However, it is a necessary measure in the public interest, because illegal drug production in the Netherlands should be restricted as much as possible for the safety and public health of the Netherlands and the EU. These substances are used specifically and, as far as is known, only for drug production. By consequence, the ban contributes to the interests of safety and public health, but does not go beyond what is necessary.
10. Numbers or titles of basic texts: There are no basic texts
11. Yes
12. The substances that are banned are directly related to the illicit production of narcotic drugs and psychotropic substances and should therefore be banned as soon as possible. Criminals change the chemical structures of the raw materials they use very quickly. The Dutch government wants to be able to respond as soon as possible to such threat. The urgency procedure will therefore be used again and again for future additional measures.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
