12. We consider that the following raises
questions of political importance, but make no recommendation for
its further consideration:--
Home Office
17571
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Draft Agreement between the European Community and Mexico on
control of the trade in precursors and chemical substances
frequently used in the illicit manufacture of narcotic drugs and
psychotropic substances.
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Article 113; qualified majority voting.
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The draft Agreement
12.1 The draft Agreement establishes mechanisms
to monitor trade between the European Community and Mexico by
exchanging information on exports of certain chemical substances
which are frequently used to manufacture illicit narcotic drugs
or psychotropic substances. The substances concerned are either
precursors or essential chemicals and are already subject to
control under a United Nations Convention and an EEC Council
Regulation[25].
12.2 The Agreement is broadly based on earlier
agreements, such as that with the Andean Pact[26] and the United States[27], in a series which is intended eventually
to include other Member States of the Organisation of American
States. It covers:
-- co-ordination of trade monitoring procedures
(pre-export notification, linking of import and export
authorisation procedures etc.), ensuring at the same time due
respect for legitimate trade interests;
-- mutual administrative co-operation in this area;
-- technical co-operation in the form of training and
exchange programmes for the officials concerned.
12.3 In his Explanatory Memorandum (dated 31
October) the Parliamentary Under-Secretary of State at the Home
Office (Mr Sackville) says that monitoring will be undertaken by
a committee consisting of representatives of both parties. The
European Community will be represented by the Commission as well
as by representatives of the Member States. The Minister says
that the Agreement will have no impact on UK law. It seeks to
consolidate and complement existing activity which is provided
for under the EC Regulation.
The Government's view
12.4 The Minister comments that:
"The terms of the Agreement are broadly acceptable
to the UK. We are firmly committed to effective prevention of
diversion of precursor and essential chemicals and this agreement
should help to strengthen existing policy..."
"We already have in place a system of export
authorisations for the majority of the chemicals concerned to the
region and the additional administrative controls envisaged by
this Agreement will lead to no significant additional burden on
resources. The impact on the UK chemical industry will also be
minimal. As export authorisations are currently required and
vetting procedures are already in place, it will simply be a
matter of reminding companies to apply for authorisations in good
time so that Mexico can be informed well in advance of the
export. The timescale for the importing country to object to an
import has, however, been extended to twenty days (fifteen in the
earlier Andean Pact agreements). This will have some, albeit
limited, impact on legitimate exports to Mexico from the United
Kingdom. The UK was, however, alone in seeking to amend this
timescale.
"Our other major concern with the Agreement --
shared with other Member States including Austria, Finland,
Greece, Sweden, Italy, Netherlands and Portugal -- was a proposal
to delete a reference in Article 6 of the earlier agreements
(exceptions to the obligation to provide assistance) to violation
of industrial, commercial or professional secrets. After
discussion with the Mexicans the current draft has been amended
to reflect wording agreed for the draft EC/USA Agreement. This
is acceptable to the United Kingdom.
"The detail of the draft Agreement will be clarified
by a Statement in the Council Minutes making clear that Member
States and the Commission are not obliged to supply
information under Article 4.6 of the Agreement. The UK and EC
partners would, in any event, only be able to exchange
information on the 22 substances currently subject to control
under the 1988 UN Convention and the EC Regulation. Similarly
when the draft Council Decision is available, we shall seek to
ensure that it makes clear, as in the earlier Andean Pact
Agreements, that the Commission will only be able to agree
changes to the Annexes which relate to those substances scheduled
under the 1988 Convention and on which the Council is in
agreement, through a common position."
12.5 The Minister tells us that the text was
initialled by the Commission and the Mexicans on 25 October and
that it may be signed in the margins of the Dublin European
Council on 13-14 December.
Conclusion
12.6 We report on this Agreement as an example
of administrative measures of political importance which are
being taken to strengthen international co-operation to control
the trade in illicit narcotic drugs. We do not recommend it for
debate, and so are now clearing it.
24. Narcotics are based on natural plants.
Psychotropic drugs are synthetic and mind-enhancing, such as
Ecstasy and come in tablet form. Back
25. Council Regulation (EEC) No.3677/90, as
amended. Back
26. 16606)--; see HC 51-ii (1995-96), paragraph
16 (29 November 1995). Back
27. (17159)--; see HC 51-xix (1995-96), paragraph
15c (15 May 1996). Back
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