S.I. No. 92/2004 - Misuse of Drugs (Scheduled Substances) (Amendment) Regulations, 2004

1. These Regulations may be cited as the Misuse of Drugs (Scheduled Substances) (Amendment) Regulations, 2004 and shall come into force on the 1st day of March, 2004.

2. The Misuse of Drugs (Scheduled Substances) (Amendment) Regulations, 2003 (

S.I. No. 41 of 2003

) are hereby revoked.

3. These Regulations shall be construed as one with the Misuse of Drugs (Scheduled Substances) Regulations, 1993 (

S.I. No. 338 of 1993

) and may be cited with those Regulations as the Misuse of Drugs (Scheduled Substances) Regulations, 1993 and 2004.

4. The Misuse of Drugs (Scheduled Substances) Regulations, 2003 are hereby amended by the substitution of Schedules 1 and 2 to these Regulations for the First and Second Schedules to the Misuse of Drugs (Scheduled Substances) Regulations, 2003.

SCHEDULE 1

“First Schedule

Category 1

Substance

CN Designation (if different)

CN code

1

CAS No

2

N-Acetylanthranilic acid

2-Acetamidobenzoic acid

2924 23 00

89-52-1

Ephedrine

2939 41 00

299-42-3

Ergometrine

2939 61 00

60-79-7

Ergotamine

2939 62 00

113-15-5

Isosafrole (

cis

isomer)

2932 91 00

120-58-1

Isosafrole (

trans

isomer)

2932 91 00

120-58-1

Lysergic acid

2939 63 00

82-58-6

3,4-Methylenedioxyphenyl- propan-2-one

1-(1,3-Benzodioxol- 5-yl) propan-2-one

2932 92 00

4676-39-5

Norephedrine

ex 2939 49 00

14838-15-4

1-Phenyl-2-propanone

Phenylacetone

2914 31 00

103-79-7

Piperonal

2932 93 00

120-57-0

Pseudoephedrine

2939 42 00

90-82-4

Safrole.

2932 94 00

94-59-7

The stereoisomeric forms of the substances listed in this Category, not being cathine

3

.

The salts of the substances listed in this Category.

Any preparation or other product containing any proportion of a substance or product listed in this Category.

Category 2

Substance

CN Designation (if different)

CN code

1

CAS No

2

Acetic anhydride

2915 24 00

108-24-7

Anthranilic acid

2922 43 00

118-92-3

Phenylacetic acid

2916 34 00

103-82-2

Piperidine

2933 32 00

110-89-4

Potassium permanganate

2841 61 00

7722-64-7

The salts of the substances listed in this Category.

Any preparation or other product containing any proportion of a substance or product listed in this Category.

Category 3

Substance

CN Designation (if different)

CN code

1

CAS No

2

Acetone

2914 11 00

67-64-1

Ethyl ether

Diethyl ether

2909 11 00

60-29-7

Hydrochloric acid

Hydrogen chloride

2806 10 00

7647-01-0

Methylethylketone

Butanone

2914 12 00

78-93-3

Sulphuric acid

2807 00 10

7664-93-9

Toluene

2902 30 00

108-88-3

The salts of the substances listed in this Category, not being the salts of hydrochloric acid or sulphuric acid.

Any preparation or other product containing any proportion of a substance or product listed in this Category.”

Schedule 2

“Second Schedule

(Article 10(4)

Substance

Threshold

Acetic anhydride

100 1

Potassium Permanganate

100 kg

Anthranilic acid and its salts

1 kg

Phenylacetic acid and its salts

1 kg

Piperidine and its salts

0.5 kg”

GIVEN under my Official Seal, this 1st day of March, 2004.

MICHEÁL MARTIN,

Minister for Health and Children.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to implement Commission Directive 2003/101/EC relating to the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances.

1

OJ L. 290, 28.10.2002, p.1.

2

The CAS No. is the “Chemical Abstract Service Registry Number”, which is a unique numeric identifier specific to each substance and its structure. The CAS No. is specific to each isomer and to each salt of each isomer. It must be understood that the CAS Nos. for the salts of the substances listed above will be different to those given.

3

Also named (+)-norpseudoephedrine, CN code 2939 43 00, CAS No. 492-39-7.

1

OJ L. 290, 28.10.2002, p.1.

2

The CAS No. is the “Chemical Abstract Service Registry Number”, which is a unique numeric identifier specific to each substance and its structure. The CAS No. is specific to each isomer and to each salt of each isomer. It must be understood that the CAS Nos. for the salts of the substances listed above will be different to those given.

1

OJ L. 290, 28.10.2002, p.1.

2

The CAS No. is the “Chemical Abstract Service Registry Number”, which is a unique numeric identifier specific to each substance and its structure. The CAS No. is specific to each isomer and to each salt of each isomer. It must be understood that the CAS Nos. for the salts of the substances listed above will be different to those given.

I, MICHEÁL MARTIN, Minister for Health and Children, in exercise of the powers conferred on me by

sections 4

,

5

and

38

of the

Misuse of Drugs Act, 1977

(No. 12 of 1977), as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997, (

S.I. No. 308 of 1997

), hereby make the following Regulations