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

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:

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 code¹	CAS No²
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 cathine³ .
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 code¹	CAS No²
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 code¹	CAS No²
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”

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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.