Basic Substance Monitoring Act
| Basic data | |
|---|---|
| Title: | Law on the supervision of the traffic with raw materials that can be misused for the unauthorized manufacture of narcotics |
| Short title: | Basic Substance Monitoring Act |
| Abbreviation: | GÜG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Special administrative law , ancillary criminal law |
| References : | 2121-6-27 |
| Original version from: | October 7, 1994 ( BGBl. I p. 2835 ) |
| Entry into force on: | March 1, 1995 |
| Last revision from: | March 11, 2008 ( BGBl. I p. 306 ) |
| Entry into force of the new version on: |
March 19, 2008 |
| Last change by: |
Art. 92 VO of June 19, 2020 ( Federal Law Gazette I p. 1328, 1338 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Please note the note on the applicable legal version. | |
The Basic Substance Monitoring Act (GÜG) regulates the trade as well as the import and export of substances in Germany that may be used for the unauthorized manufacture of narcotics .
The Basic Substance Monitoring Act in particular prohibits the diversion of substances that are imported, exported or carried out under EU law (formerly: Regulation (EEC) No. 3677/90 and Regulation (EEC) No. 3769/92 ; today: Regulation (EC) No. 111/2005 in conjunction with Regulation (EC) No. 273/2004 or Regulation (EC) No. 1277/2005 ). Together with the Narcotics Act and the Medicines Act , the GÜG forms the most important provisions in narcotics law.
This law affects the manufacture, trade, import, export, transit, sale, sale, acquisition and procurement of all those substances that are used as basic substances for the production of methamphetamine , LSD , heroin , methaqualone ( sleeping pill ) and MDMA ( "Ecstasy") can serve (cf. category I and 2) § 19 GÜG contains criminal provisions, u. a. for the inadmissible handling of raw materials, § 20 various fine regulations.
Regardless of the substances named in the annexes, the GÜG prohibits possession, trade and importation of practically any substance if it can be proven that it is intended for the illegal manufacture of narcotic drugs.
Classification of fabrics
The substances affected by the GÜG (see Annex of Regulation (EC) 111/2005) are divided into three categories, which are subject to differently strict regulations for handling. Category I and II of Appendix 1 of the EU regulation are so-called basic materials or starting materials. Category III is about trivial solvents that are not actually basic or starting materials. Category III substances are freely tradable within the EU without any regulation. Only foreign trade in third countries (Afghanistan, Iran etc.) is subject to regulation.
Category 1
The substances in category 1 are precursors / basic substances (direct precursors ) of frequently abused narcotics. The trade, import, export and manufacture of these substances are subject to authorization and notification to the Federal Institute for Drugs and Medical Devices (BfArM, Federal Opium Agency Department). Trading is only allowed between authorized participants. A so-called end -use certificate must be obtained for these substances . A violation is punishable. The following substances are currently (July 2007) listed in category 1 (the narcotics that can be synthesized from them in italics ):
| material | Synthesized anesthetic |
|---|---|
| Ephedrine | Methamphetamine / methcathinone |
| Ergometrist | LSD |
| Ergotamine | |
| Lysergic acid | |
| 1-phenyl-2-propanone (P2P) | Amphetamine / methamphetamine |
| Norephedrine | amphetamine |
| Pseudoephedrine | Methamphetamine / methcathinone |
| N -acetylanthranilic acid | Methaqualone |
| 3,4-methylenedioxyphenylpropan-2-one (MDP2P) | MDA / MDMA |
| Isosafrole | |
| Piperonal | |
| Safrole |
Since July 2007, the regulations for category 1 have also been expressly applied to plants of the genus Ephedra (sea pests ).
Category 2
Category 2 mainly contains reagents that can be used for the unauthorized manufacture of narcotics. Production, import, export and trade are subject to registration, but only when a limit value is exceeded. In the case of smaller quantities, these substances do not fall under the GÜG. In practice, however, smaller quantities are also monitored. The export of anthranilic acid to India , for example , requires a license, as this country is one of the main producers of illegally produced methaqualone . The same applies to the export of substances required for cocaine production to South American countries or for acetic anhydride to the Asian region. A violation of the reporting obligation is an administrative offense.
| material | amount | Synthesized anesthetic |
|---|---|---|
| Anthranilic acid | 1 kg | Methaqualone / ketamine |
| Acetic anhydride | 100 l | Heroin , various amphetamines |
| Potassium permanganate | 100 kg | cocaine |
| Phenylacetic acid | 1 kg | various amphetamines |
| Piperidine | 0.5 kg | Phencyclidine (PCP) |
Category 3
The substances in this category are trivial solvents that are not subject to any legal restrictions or regulations with regard to trade, possession and use. In contrast to the actual raw materials (category I and II), no end-use declaration (EVE) is required. These are not basic or starting materials in the actual sense, but auxiliary materials. They are solvents with different chemical properties that are traded and used legally and without restriction. Only exports to third countries are regulated in the form of a permit, depending on the quantity and export country.
- Acetone: Used mainly as a solvent for paints and varnishes, but also for cleaning purposes.
- Sulfuric acid: mainly used as an electrolyte in lead accumulators (e.g. car batteries).
- Diethyl ether: mainly used for paints and varnishes, additive to fuels, but also for cleaning purposes, preservation, restoration.
- Hydrochloric acid: Use as a so-called pH acid, in metal processing also as a flux for soldering.
Foreign trade (outside the member states of the EU)
| material | amount |
|---|---|
| acetone | 50 kg |
| Diethyl ether | 20 kg |
| Methyl ethyl ketone (MEK) | 50 kg |
| toluene | 50 kg |
| sulfuric acid | 100 kg |
| hydrochloric acid | 100 kg |
See also
Web links
- Text of the law
- Regulation (EC) No. 111/2005 of the Council of 22 December 2004 laying down rules for the supervision of trade in drug substitutes between the Community and third countries , list of covered substances in the annex to the regulation.
- Information on basic materials ( memento of January 6, 2010 in the Internet Archive ) on the website of the Federal Opium Agency / BfArM
Individual evidence
- ↑ Submission of ephedra to the monitoring of basic substances ( memento of January 27, 2012 in the Internet Archive ), communication from the BfArM of July 11, 2007.
