11.6.2002 Official Journal of the European Communities L151/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 988/2002 of 3 June 2002 amending Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, Having regard to the Commission proposal (), Whereas: (1)  Regulation (EEC) No 3677/90 (%) laid down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances. 2)  In the interests of clarity and in order to comply with Article 12(10) of the United Nations Convention against Mlicit Traffic in Narcotic Drugs and Psychotropic Substances of 19 December 1988, and with Resolution 20/4 of the 1998 Special Session on drugs of the United Nations General Assembly, the provisions on export authorisation for the scheduled substances listed in Category 1 of the Annex to Regulation (EEC) No 3677/ 90 should be separated from those on pre-export noti- fication. (3)  Regulation (EEC) No 3677/90 should be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 3677/90 is hereby amended as follows: 1. In Article 2, point (1), the third indent shall be replaced by the following: ‘— the names and addresses of the exporter, the importer, the distributor and, in accordance with Articles 4, 4a, 5 and 5a, the ultimate consignee’. (') Proposal of 14 March 2002 (not yet published in the Official Journal). () O] L 357, 20.12.1990, p. 1. Regulation as last amended by Regulation (EC) No 1116/2001 (OJ L 153, 8.6.2001, p. 4). The corrected version is in O] L 215, 9.8.2001, p. 57. 2. Article 4 shall be replaced by Articles 4 and 4a as follows: ‘Article 4 Pre-export notification Scheduled substances listed in Category 1 of the Annex 1. Any exportation of scheduled substances listed in Category 1 of the Annex shall be preceded by pre-export notification sent to the country of destination in accordance with the provisions of Article 12(10) of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 19 December 1988, and with Resolution 20/4 of the 1998 Special Session on drugs of the United Nations General Assembly. The country of destination shall be allowed a period of time in which to reply of up to 15 working days, at the end of which the export operation shall be authorised by the competent authorities of the Member State of export, unless advice to the contrary is received. 2. The competent authorities of the Member State concerned shall, prior to any export of scheduled substances to the country of destination, supply the information speci- fied in Article 4a(2) to the competent authorities of that country. The authority furnishing such information shall require the authority in the third country receiving the information to keep confidential any trade, business, commercial or profes- sional secret or any trade process referred to therein. Atticle 4a Export authorisation Scheduled substances listed in Category 1 of the Annex 1.  The exportation of scheduled substances listed in Category 1 of the Annex shall be subject to authorisation in the form of individual export authorisations issued by the competent authorities of the Member State in which the customs export declaration is to be made in accordance with the provisions in force.