Text consolidated by Valsts valodas centrs (State
Language Centre) with amending law of:
11 June 1998 [shall come
into force from 15 July 1998];
18 March 2004 [shall come into force from 20 April
2004];
27 September 2007 [shall come into force from 5 October
2007];
28 October 2010 [shall come into force from 1 December
2010].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
On
Precursors
Chapter I
General Provisions
Section 1.
The following terms are used in this Law:
1) precursors (substances included in the lists)
- substances which may be used for illicit manufacture of
narcotic or psychotropic substances and which comply with the
explanation of the terms referred to in Article 2(a) and (b) of
Regulation (EC) No 273/2004 of the European Parliament and of the
Council of 11 February 2004 on drug precursors (hereinafter -
Regulation No 273/2004) and in Article 2(a) and (b) of Council
Regulation (EC) No 111/2005 of 22 December 2004 laying down rules
for the monitoring of trade between the Community and third
countries in drug precursors (hereinafter - Regulation No
111/2005);
2) placing on the market - complies with the
explanation of the term referred to in Article 2(c) of Regulation
No 273/2004;
3) export - complies with the explanation of the term
referred to in Article 2(d) of Regulation No 111/2005;
4) import - complies with the explanation of the term
referred to in Article 2(c) of Regulation No 111/2005;
5) [28 October 2010];
6) operator - any natural or legal person who
participates in the placing on the market, provide broker
services or completion of customs declarations related to
such;
7) the consignee of the cargo - a natural or legal
person to whom a shipment of precursors is delivered. Such person
need not be the user of the substances received; and
8) manufacture - activities as a result of which
precursors can be obtained, also activities that include
purification of precursors and modification thereof into other
substances.
[11 June 1998; 18 March 2004; 28
October 2010]
Section 2.
This Law regulates the activities of natural persons and legal
persons in accordance with the Regulation No 273/2004, Regulation
No 111/2005, Commission Regulation (EC) No 1277/2005 of 27 July
2005 laying down implementing rules for Regulation (EC0 No
273/2004 of the European Parliament and of the Council on drug
precursors and for Council Regulation (EC) No 111/2005 laying
down rules for the monitoring of trade between the Community and
third countries in drug precursors (hereinafter - Regulation No
1277/2005), and the purpose thereof is to prevent the entry of
such substances into illicit placing on the market.
[28 October 2010]
Section 2.1
(1) The functions of the competent authority referred to in
Articles 3, 8, 11 and 13 of Regulation No 273/2004 and Articles
6, 7, 9, 11, 12, 16, 20, 24, 26 and 32 of Regulation No 111/2005
shall be performed by the State Agency of Medicines.
(2) The functions of the competent authority referred to in
Article 16 of Regulation No 273/2004 and Article 27 of Regulation
No 111/2005 shall be performed by the Health Inspectorate.
[28 October 2010]
Chapter
II
Registration and Licensing of Operators
Section 3.
Operators who participate in placing on the market of the
second and third category precursors shall register with the
State Agency of Medicines, except the cases referred to in
Section 4 of this Law.
[28 October 2010]
Section 4.
Operators who are engaged only in the following activities
need not register:
1) drawing up of customs declarations for precursors, leasing
out of warehouses and provision of transport services;
2) placing on the market of the second category precursors in
the amounts specified in accordance with Article 6 of Regulation
No 273/2004 and placing on the market of the third category
precursors in the amounts specified in accordance with Article 14
of Regulation No 1277/2005;
3) buying in, storage and sale of potassium permanganate in
licensed drug wholesalers and pharmacies.
[18 March 2004; 28 October
2010]
Section 5.
Operators who participate in placing on the market of first
category precursors a special permit (licence) shall be required
for work with precursors, except those operators who are engaged
only in the drawing up of customs declarations, leasing out of
warehouses and provision of transport services.
[18 March 2004]
Section 5.1
A decision on granting, suspension or annulment of the special
permit (licence) referred to in Section 5 of this Law shall be
taken by the State Agency of Medicines. The contesting or appeal
of the decision of the State Agency of Medicines on suspension or
annulment of the special permit (licence) referred to in Section
5 of this Law shall not suspend the operation thereof.
[28 October 2010]
Section 6.
The Cabinet shall determine the procedures for registering and
licensing of operators.
[18 March 2004; 28 October
2010]
Chapter
III
Documentation of the Trade of Precursors, Accounting and
Labelling
[28 October 2010]
Chapter
IV
Obligations of Operators
Section 11.
Operators who are participating in circulation of first
category precursors shall co-operate only with such person which
have the special permit (licence) referred to in Section 5 of
this Law and a declaration drawn up appropriately.
[18 March 2004]
Section 12.
Operators are prohibited from engaging in retail sale of first
and second category precursors, except retail sale of potassium
permanganate in licensed pharmacies.
[18 March 2004]
Section 13.
Operators have an obligation to:
1) inform without delay the State Agency of Medicines
regarding all cases indicating that placing on the market of
precursors may be related to illicit manufacture of narcotic or
psychotropic substances;
2) submit information once a quarter to the State Agency of
Medicines regarding all transactions with precursors;
3) provide information regarding transactions with precursors
upon the request of the competent authorities referred to in
Section 23 of this Law;
4) allow the competent authorities referred to in Section 23
of this Law to get acquainted with documents freely in respect of
any operation that is related to precursors, as well as to freely
access any object which may be related to precursors;
5) inform without delay the State Agency of Medicines
regarding changes in the information submitted regarding placing
on the market of precursors.
[18 March 2004; 28 October
2010]
Chapter V
Control of External Trade
Section 14. [28 October 2010]
Section 15.
The following shall be indicated in a submission, which is
addressed to the State Agency of Medicines for the receipt of a
permit for the import or export of precursors:
1) the exporter and the address thereof, the importer and the
address thereof, any operator who participates in export or
import carriage operations and the consignee of the cargo;
2) the names of precursors;
3) the mass and volume of the precursors, but if the
substances are included in mixtures - their percentage content;
and
4) the anticipated term for dispatching the cargo, the name
and address of the customs authority in which customs formalities
will be handled, information regarding the carrier and the route,
the anticipated border crossing points, if such are known - also
the customs crossing points of other states, the customs codes
for the precursors, the number and date of the invoice, the name,
surname and signature of the submitter or their authorised
representative, and the date of submission.
[11 June 1998; 18 March 2004; 28
October 2010]
Section 16.
If any state requests, in accordance with the 20 December 1988
UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, that it be informed in advance regarding
the anticipated import of precursors, the request for an export
permit shall be accompanied by a copy of the import permit issued
by the competent authority of the importing state.
[18 March 2004; 28 October
2010]
Section 17.
A decision on issuance of an import or export permit shall be
taken by the State Agency of Medicines within 15 working days
from the day of acceptance of the submission. This term may be
extended if the State Agency of Medicines must verify the import
permit specified in Section 16 of this Law.
[11 June 1998; 18 March 2004; 28
October 2010]
Section 18.
A permit shall not be issued if there is cause to believe that
the information which has been submitted in the application
addressed to the State Agency of Medicines is incorrect or that
the precursors may be diverted into illicit manufacture of
narcotic or psychotropic substances. In such cases, suspension or
revocation of a permit already issued is also possible.
[11 June 1998; 28 October 2010]
Section 19.
An export permit shall be submitted to customs together with a
customs export declaration. One copy of this permit shall be
submitted at the customs office at the point of exit and shall be
sent with the customs notations provided for on the form, from
the customs office at the point of exit to the State Agency of
Medicines.
[11 June 1998; 28 October 2010]
Section 19.1
An operator who has received an export permit for several
transactions shall:
1) specify the number of the export permit in all relevant
customs documents (export declaration);
2) register transactions in commercial documents; and
3) ensure that in carriage of precursors a copy of the export
permit is appended to the freight and submitted to the customs
point.
[18 March 2004]
Section 20.
An import permit shall be submitted to the customs office at
the point of entry. One copy of this permit shall be sent with
the customs notations provided for on the form, from the customs
office at the point of entry to the State Agency of
Medicines.
[11 June 1998; 28 October 2010]
Section 21.
The import and export permits provided for in this Law need
not be received in respect of drugs and household chemical
goods.
[28 October 2010]
Section 21.1
Import or export of precursors is prohibited, if a bank or
subscriber's mailbox is specified instead of the recipient's
address, as well as import or export of precursors to the
consignation warehouse, except the cases when such type of
delivery has been approved in the permit issued by the competent
authority of the country of import.
[18 March 2004]
Chapter
VI
Supervision and Control of Compliance with this Law and Liability
for Violations Thereof
[18 March
2004]
Section 22.
For violations of this Law, persons shall be subject to
liability as prescribed by law.
Section 23.
(1) The State Agency of Medicines shall:
1) prepare and submit annual statistical reports on placing on
the market of precursors to the UN International Council for Drug
Control and the European Commission;
2) provide communications to the UN International Council for
Drug Control regarding such orders or operations that could
channel precursors for illicit circulation;
3) prepare and submit quarterly communications to the European
Commission regarding confiscated and intercepted precursors.
(2) The Health Inspectorate shall supervise and control
activities of natural persons and legal persons with precursors,
assess the compliance of distribution with the requirements of
regulatory enactments and, if necessary, in accordance with
regulatory enactments suspend the distribution of precursors or
commercial activity of a natural person or legal person until
final clarification of the circumstances.
(3) The Central Customs Board of the State Revenue Service and
customs authorities shall ensure the supervision of customs
procedures, sending of the used import and export permits to the
State Agency of Medicines, as well as provide information
regarding import and export of precursors thereto.
(4) The State Police shall supervise and control activities of
natural persons and legal persons with precursors, discover and
prevent illicit use of precursors.
(5) The State Revenue Service and the State Police shall
prepare quarterly reports regarding confiscated and intercepted
precursors and submit them to the State Agency of Medicines by
the 20th date of the following month.
[18 March 2004; 27 September 2007;
28 October 2010]
This Law has been adopted by the Saeima on 9 May
1996.
Acting for the President
The Chairperson of the Saeima I. Kreituse
Rīga, 23 May 1996
1 The Parliament of the Republic of
Latvia
Translation © 2013 Valsts valodas centrs (State
Language Centre)
