VIth meeting of the joint Follow Up group of Chemical Precursor Agreements between the Andean countries and the European Community Report

The VI meeting of the joint follow up group of chemical precursor agreements between the Andean countries and the European Community was held in May 30 2005 in the site of the CAN Secretary General in Lima.

The meeting was co-chaired by Ms. Rosa María del Castillo Rosas, Director of Chemical affairs and Products audited by the Ministry of Production in Peru, as a representative of the Andean Community; and by Ms. Suzanne Stauffer, Administrator responsible for the Precursor Control of the European Commission, as a representative of the European Union.

This meeting was characterized by the technical treatment of the topics and by the open and clear spirit of the debates and opinion exchanges about the topics on agenda that led to the following conclusions:

1. An important advance since the meeting held in Brussels in 2004 has been registered in connection with the topics addressed that time.

2. Regarding Communitarian Standards, the advances has been very important by achieving the adoption, within the framework of the Andean Community Decision 602 “Andean Standard on the Chemical Substances Control that are used to the illicit manufacture of drugs and psychotropic substances” and on the one of the European Union for the adoption of the Standards 273-2004 and 111-2005 related to the internal drug commerce regulation and to the surveillance of the precursor commerce between the European Union and third countries.

Because of the content of these regulations, a junction of objectives that will led and facilitate the bi-regional cooperation were written down.

3. The important advances on the Andean Region as first results of the Regional project to prevent the diversion of the chemical precursor used on the production of illicit drugs in the Andean countries – PRECAN, mainly addressed to the support for the compliance with the National legislation and to the Regional Regulation as the instrumentation of horizontal cooperation mechanisms, were determined by the comments and presentations of the European Commission Delegation in Lima, by the representative of the United Nations Program for the Development in Bogotá and by the detailed presentation on such project.

The Andean delegations seemed satisfied for the support received from the European Commission as well as for the information regarding its extension, which will led to develop the establishment of the Andean authorities network in charge of the control of chemical producers, and to improve the pre-notice mechanism and support the enforcement of the Decision 602. This is why they highlighted the importance of having this cooperation project from the European Union.

4. Regarding the opinion exchange on practical matters related to the notification system previous export, the European Commission explained the changes on the European Standard on Pre-notice explaining the reasons and conditions that originated such changes, as well as the topic about the obligation of using the INCB – The International Narcotics Control Board – from August, it was highlighted that this form will allow to watch the international commerce of sensitive and non-sensitive chemical precursors. In the first case a response from the destiny country is required for its bill of lading and the pre-notice system as well as authorization for big volume frequent operations. With respect to the last part, it was noted that this practice will support the control than comes from annual or quarterly requirements in advanced.

The delegations of the Andean countries ratify the importance of receiving pre-notices of the chemical precursors than come from Europe in order to have early information to be able to do a better follow up of such substances in the region. With the aim to cooperate with this purpose, the Andean delegations delivered the European Commission the updated list of entities and authorities in charge of receiving and answering the pre-notices. In the same way, the European Commission delivered the list of the authorities from its member states.

5. The importance of having the cooperation possibility from the European Union and its specialized agencies since the experience on the fight against synthetic drugs production. This experience was shown during the presentations made by the European Commission and Europol on operativity, experiences and difficulties found on the development of the PRISMA operation carried out in 2002, referred to the synthetic drug follow up explaining its structure, the work topics and procedures, besides its results noting the importance to control the equipment used at its production (no equipment, no drugs).

In this respect Europol presented a report on the pollution problems derivate from the toxic residues disposal of these drugs. Furthermore, the importance of having a registry of the companies that manufacture machines.

In addition, it referred to the new recorded tendencies with respect to the use of new supplies in the production that are not necessarily controlled or audited. This shows an increase in the capacity to produce drugs in an illicit way, which obstructs and makes it more expensive the control and audit tasks from the Estates. The dynamic of the narcotic activity demands from the governments flexible procedures to fight against it, such as: the use of the volunteer cooperation agreement with the business sector, better communication between the Estates of the two regions in order to make the monitoring of these goods more effective.

By the end of the European presentations a fruitful exchange of ideas between the attendants took place showing an important worry for this matter and the need to advance with a bi-regional cooperation, strengthen to jointly fight against this synthetic drug modality.

With this regard, the convenience of establishing a contact point in the region was addressed, requesting the European Commission that in the next PRISMA project meeting, the possibility of identifying this contact point should be considered. The European Commission acknowledged the request.

6. The European Joint Unit on Precursors – EJUP and the Europol made presentations - EJUP and SINERGY – regarding the multinational operation on criminal analysis and investigation on the precursor diversion towards the traffic. All of this with the goal that the Andean countries know this new European cooperation system that started in November 2002 in such way that these would exchange information targeting to copy the model at Andean scale. For such effects, this European entity offered its wider cooperation and technical assistance.

7. The French representative filed a report on the Operation results of ANDES II jointly carried out between the World Customs Organization, the INTERPOL and the South American countries. The main purpose of this kind of operations surpasses the statistics production to ground the tracking process of the horizontal chain of precursor traffic. Furthermore, an special emphasis was made on the need to consolidate the joint work and the synergies derivate from it between the competent National authorities.

8. The European Commission presented the outcomes of the volunteer supervision action of the soda ash, carried out among both regions between October 2004 and March 2005.

With this respect, it was agreed that the last follow up meeting held in Brussels in April, 2004 was a request from the Andean delegation.

The final commentary on this supervision action indicates the difficulty of its follow up due to the big volumes and multiple commercial uses as web as multiple applications on production processes, besides its varied substitutes to prepare drugs.

Furthermore, the importance of carrying out the dismantling of the criminal organizations over the basis of a fluent bi-regional information exchange was stressed. This purpose would be achieved as long as the seizure of chemical precursors in the Andean region identify the origin of the supplies and, if this is the case, it is promptly informed to the European authorities in order to accordingly proceed. All the above-mentioned, is related to the central task of dismantling the transnational traffic networks through the prompt coordination and information exchange.

By its part, the Andean delegations highlighted the importance of having a fast and flexible volunteer follow up procedure in order to respond to the current precursor diversion problem. This will allow further similar follow ups, if needed.

Finally, at the “others” topic, the Spanish delegation presented a report on the National Plan regional meeting on Police prevention and investigation on the Drug Precursors Diversion, held in Cartagena de Indias, Colombia from May 24 through 27. In which the following conclusions were obtained:

· To acknowledge the importance of the National coordination between the law enforcement authorities.

· The convenience of closing volunteer cooperation agreements between the chemical industry and National authorities.

· The need to adapt the National legislation on the diversion criminals “modus operandi” control.

· The use of transnational and international joint operations to control the diversion of precursors.