European Communities (Monitoring of External Trade In Scheduled Substances) Regulations, 1993

JurisdictionIreland
Year1993
CitationIR SI 6/1993

S.I. No. 6 of 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...

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