Commission Delegated Regulation (EU) 2015/1011 of 24 April 2015 supplementing Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors, and repealing Commission Regulation (EC) No 1277/2005 (Text with EEA relevance)

In order to obtain a licence pursuant to Article 6(1) of Regulation (EC) No 111/2005, the operator shall appoint an officer responsible for the trade in scheduled substances listed in Category 1 of the Annex to that Regulation, notify the competent authority of the name and contact details of that officer and notify them immediately of any subsequent modification of this information.

The responsible officer shall ensure that import, export or intermediary activities take place in compliance with the pertinent legal provisions and shall be empowered to represent the operator and to take the decisions necessary for performing that task.

The operator concerned shall fulfil all the following requirements and conditions:

1. the operator shall take adequate measures against the unauthorised removal of scheduled substances of Category 1 of Annex I to Regulation (EC) No 273/2004 and of the Annex to Regulation (EC) No 111/2005 from the places of storage, production, manufacture and processing of scheduled substances and to secure business premises;

2. the operator shall make an application containing the following:

   1. the full name, address, telephone and/or fax numbers and email address of the applicant;

   2. the full name of the responsible officer and his/her contact details;

   3. a description of the position and tasks of the responsible officer;

   4. the full addresses of the business premises;

   5. the description of all the places where operations described under point (ix) take place;

   6. information showing that the adequate measures referred to in paragraph 2(a) have been taken;

   7. the name and the CN code of the scheduled substances as stated in Annex I to Regulation (EC) No 273/2004 and in the Annex to Regulation (EC) No 111/2005;

   8. in the case of a mixture or natural product an indication of the following:

      1. the name of the mixture or natural product;

      2. the name and CN code of the scheduled substances as stated in Annex I to Regulation (EC) No 273/2004 and in the Annex to Regulation (EC) No 111/2005 contained in the mixture or natural product;

      3. the maximum percentage of such scheduled substances in the mixture or natural product;

   9. a description of the envisaged type of operations referred to in Article 3 of Regulation (EC) No 273/2004 and in Article 6(1) of Regulation (EC) No 111/2005;

   10. an authenticated copy of the Register of companies or activities, where relevant;

   11. a certificate of good conduct of the operator concerned and of the responsible officer or a document showing that they offer the necessary guarantee for the proper conduct of the operations or the information allowing the competent authority to obtain such document.

If the operator has already been granted the status of an Authorised Economic Operator in accordance with Article 5a of Council Regulation (EEC) No 2913/92⁽¹⁾; he may indicate the AEO certificate number when making the application for a licence for the purpose of the competent authority being able to take his AEO status into consideration.

Upon written request from the relevant competent authority, the applicant shall submit any relevant additional information.

Where the applicant is a natural person, points (ii) and (iii) of paragraphs 2(b) shall not apply, and point (iv) of paragraph 2(b) shall only apply where relevant.

Without prejudice to measures adopted in accordance with Article 10(1) of Regulation (EC) No 273/2004 and with Article 26(3) of Regulation (EC) No 111/2005, the competent authority shall refuse the granting of the licence if the conditions set out in Article 3(2)(b) of this Regulation are not fulfilled or if there are reasonable grounds for suspecting that the scheduled substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.

In the case of trade between the Union and third countries referred to in Regulation (EC) No 111/2005, the competent authority may either limit the validity of the licence to a period not exceeding three years or may require operators to demonstrate at intervals not exceeding three years that the conditions under which the licence was granted are still fulfilled.

The validity of licences issued before the entry into force of this Regulation shall not be affected.

A licence shall not be transferable.

The licence holder shall apply for a new licence where any of the following are envisaged:

1. the addition of a scheduled substance;

2. the start of a new operation;

3. the change of the location of the business premises where the operations take place.

In such cases, the existing licence shall cease to be valid on the earlier of the following dates:

1. the date of expiry of validity where a term of validity has been fixed in accordance with Article 3(7) of this Regulation or in accordance with Article 3(5) of Regulation (EC) No 273/2004;

2. the date of commencement of validity of the new licence.

Paragraph 9 shall also apply to licences issued before the date of application of this Regulation.

Paragraphs 2 to 6 and 8, 9 and 10 shall also apply for the purpose of obtaining licences pursuant to Article 3(2) of Regulation (EC) No 273/2004, with the exception of special licences.

The public authorities referred to in Article 3(2) and (6) of Regulation (EC) No 273/2004 shall comprise customs, police and official laboratories of competent authorities.

In order to obtain a registration pursuant to Article 7(1) of Regulation (EC) No 111/2005, the operator shall appoint an officer responsible for the trade in scheduled substances listed in Category 2 of the Annex to that Regulation, notify the competent authority of the name and contact details of that officer and notify them immediately of any subsequent modification of this information.

The responsible officer shall ensure that import, export or intermediary activities take place in compliance with the pertinent legal provisions and shall be empowered to represent the operator and to take the decisions necessary for performing that task.

The operator of scheduled substances of Category 2 of the Annex to Regulation (EC) No 111/2005 shall make an application containing the information and documents as referred to in Article 3(2)(b) with the exception of points (vi), (x) and (xi).of Article 3(2)(b), unless so requested by the competent authority.

The same applies to the operator engaged in the export of scheduled substances of Category 3 of the Annex to Regulation (EC) No 111/2005.

Article 3(3) and (4) shall also apply.

The first subparagraph of paragraph 2 and paragraph 3 shall apply mutatis mutandis to operators and users referred to in Article 3(6) of Regulation (EC) No 273/2004 in respect of scheduled substances of Category 2 of Annex I to that Regulation.

Users of scheduled substances of category 2A of Annex I to Regulation (EC) No 273/2004 shall also provide information on the use of the scheduled substances.