Mechanisms for drug precursor control and cooperation with the industry Role of the Competent National Authority in France (MNCPC)

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2 Mechanisms for drug precursor control and cooperation with the industry Role of the Competent National Authority in France (MNCPC) P 2

3 Role of the Competent National Authority (MNCPC) in France Content : Legislative framework The scheduled and non-scheduled substances in the European Union (EU) Structure and competencies of the MNCPC Our partners Cooperation between agencies /administrations 3 P 3

4 Legislation applying to drug precursors International legislation Article 12 of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances INCB, Vienna European Union Regulations Three EC Regulations set rules for the monitoring and control of precursor chemicals between the EU Member States and their relations with third countries.

5 Legislation applying to drug precursors European Union Regulations - EC Regulation 273/2004 on drug precursors (trade within the EU). - EC Regulation 111/2005 laying down rules for the monitoring of trade of drug precursors between the EU Members States and third countries. - EC Regulation 1277/2005 laying down implementation rules. The main provisions of the EU regulations on drug precursors are : drug precursors are listed within three categories, depending on their level of legal use and on the type of control measures applying category 1 substances contain the active chemical agent present in the synthetic drug, and are strictly controlled when being imported and exported ; category 2 substances are controlled only when being exported ; category 3 items have more frequent legal uses, and are subjected to control measures only when being exported towards a list of countries ;

6 Scheduled substances in the EU 1st CATEGORY Ephedrine Ergometrine Ergotamine Lysergic acid (narcotic drug in France) 1-phenyl-2-propanone (BMK - narcotic drug in France) Norephédrine Pseudo-ephedrine N-acethylanthranilic acid 3,4 méthylenedioxyphenyl-2-propane (PMK) Isosafrole (cis + trans) Piperonal Safrole (including sassafras oil) 2nd CATEGORY Acetic anhydride Anthranilic acid Phenylacetic acid Piperidine Potassium permanganate 3rd CATEGORY Acetone Ethyl ether Methyl ethyl ketone (MEK) Toluene Sulfuric acid Hydrochloric acid P 6

7 Non-scheduled substances in the EU Voluntary surveillance list of the European Union (or 17 non-scheduled substances) 1,4-butanediol 4-Methylthiophenylacetic acid Allybenzene Benzaldehyde Benzyl chloride Benzyl cyanide Ethylamine Formamide Gamma-butyrolactone (GBL) Lithium aluminium hydride Methylamine 4-Méthylthio benzaldéhyde Nitroethane Platinum oxide Red phosphorus Alpha-phenylacetoacetonitrile (APAAN) 4-Methoxy-benzyl methyl ketone P 7

8 Main controlled substances used for synthetic drugs Metamphétamines Amphetamines MDMA (Ecstasy) Ephedrine Pseudoephédrine Norephedrine P-2-P (BMK) Phenylacetic acid Isosafrole 3,4-MDP-2-P (PMK) Piperonal Safrole (sassafras oil) P 8

9 What is the challenge? 1 L of PMK is enough to obtain approximatively pills of Ecstasy (= street dose value) 1 L of BMK is enough to obtain approximatively pills of Amphetamine (= street dose value) 1 Kg of éphédrine is enough to obtain approximatively pills of Methamphetamine (= street dose value) P 9

10 Different institutional approaches among the 27 Member States Responsibility given to Customs : Chypre, Danemark, Espagne (external commerce), Grèce, Pays-Bas, Portugal Shared responsibility : - Groupe mixte 1 (customs-police) : Allemagne, Slovaquie - Groupe mixte 2 (police-finances & industry) : Bulgarie - Interministerial unit : France MNCPC Responsibility given to a technical administration : - Ministry of Health : Autriche, Belgique, Irlande, Italie, Luxembourg, Malte, Pologne, République tchèque, Slovénie - Medecine Agency : Estonie, Finlande, Lettonie, Lituanie, Suède - Ministry of Interior : Espagne (internal commerce), Royaume-Uni, Roumanie -Ministry of Economy : Hongrie P 10

11 Drug precursor control in France Structure and competencies of the MNCPC P 11

12 Structure and competencies of the MNCPC Created in 1993, French MNCPC is an interministerial Task Force (including Industry, Customs & Police agents) MNCPC has wide-ranging powers to control drug precursors : At national level : regulatory authority, control of import and export, relations with companies, coordination of the agencies (Industry, police, customs, Health agency, ) At international level : contact point for foreign competent authorities, representation of France in European and international institutions Hinge situation between legal business and denunciation of the risk of diversion. Advantage : a single interlocutor for the operators and for the enforcement agencies (single window). P 12

13 Structure and competencies of the MNCPC MNCPC is the French competent authority for : Authorizations for operators - licensing and registration for scheduled substances Export & import procedures + pre-export notifications (PEN Online system) Cooperation with the Industry (EU guidelines, e-learning tool, suspicions, Mutual Aassistance case from OLAF, Alert message from INCB) Drug precursor Committee/ working Group (European Commission) Commission on Narcotic Drugs (CND/INCB) P 13

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15 Key role of the Industry The fight against diversion of precursors implies a direct, quality and reliable relation between the private sector and MNCPC Industry is the first line of defence against diversion of drug precursors Industry has a key role to identify suspicious operations : orders, quotation, payment procedure, delivery, Industry has experience and expertise to detect suspicious orders/operations : Business practices Industrial activity is legitimate P 15

16 Cooperation with the Industry Cooperation between Industry and the competent authority is a strong partnership. The notifications of suspicions are the key element in the fight against diversion of drug precursors and the information provided by the competent authorities to the operators plays an important role in this fight. In this respect, the responsible officer is the manager in charge of all matters relating to the control of precursors in each company including the implementation of in-house procedures. P 16

17 Measures to prevent external diversion (outside the company) The responsible officer ensures the implementation of measures to prevent external diversion such as : Know your client principle Check the information provided by new clients (license, registration, end-user declaration, ) Registration of sales Monitoring of the delivery up to the final consignee Immediate notification to MNCPC in case of suspicious or unusual order P 17

18 Measures to prevent internal diversion (within the company) In the same way, the responsible officer ensures the implementation of measures to prevent internal diversion within the company such as : Check chemicals and precursors data control (monitoring of scheduled substances) Safety and security procedures Report of unusual operations (destruction, theft) and immediate notification to MNCPC P 18

19 Special alerts As the competent authority in France, MNCPC develops cooperation and information exchange between companies and the authorities with special alerts (from INCB) or Mutual assistance case (from OLAF) -e.g. recent alert by to all operators about APAAN- This means that we help operators to make their staff aware of the precursors issue, in particular with new substances used as substitute products in the illegal drug manufacture. P 19

20 A two-way exchange of information between MNCPC and the operators MNCPC Informs operators about precursor control legislation Communicates international (INCB) or EU (OLAF) alerts Raises awareness of operators Notify MNCPC on doubtful transactions and suspicious orders Operators Informs operators about the results of the investigations led by police and customs forces P 20

21 Suspicions & investigations MNCPC receives and analyses suspicions transmitted by operators and gives the information to law enforcement services (police and customs forces) in order to realize controlled deliveries. In case of stopped shipment, possibility of backtracking investigations. P 21

22 MNCPC PARTNERS P 22

23 MNCPC Partners Police Industry & trade (Companies & associations) EJUP European Commission DG TAXUD/OLAF DG ENTREPRISES OMD INTERPOL Foreign authorities P 23

24 Training for law enforcement agencies Training for law enforcement agencies, border control and Justice corps (customs, police, gendarmerie, magistrates) P 24

25 Thank you for your attention Eric Etcheverry MNCPC +33 (0) P 25