These are precursors/pre-precursors that can be used for the illicit manufacture of narcotic drugs orpsychotropic substances and for which no legal uses are known (see list in Annex).

Ministerial Regulation containing a list of precursors, in addition to Article 4(a) of the Law on the preventionof the abuse of chemical substances [Wet voorkoming misbruik chemicaliën]. This is an addition of precursorsto a previous notification under number: 2022/156/NL-C00C.

The Dutch Law on the prevention of the abuse of chemical substances contains references to the REACHRegulation and Regulations No 273/2004 and 111/2005, which provide a fully harmonised framework for theimport, export and placing on the market of the so-called scheduled substances. However, the harmonisedframework for scheduled substances focuses on legal trade and does not provide sufficient scope for actionagainst substances which are not traded and manufactured for any other purpose than for the production ofsynthetic drugs. These are (usually) substances that do not have a legal application and which are producedexclusively to avoid regulation.

Pursuant to Article 4 of the Law on the prevention of the abuse of chemical substance, substances which areprohibited to be imported, exported, transported or possessed may be designated by ministerial regulation.The substances included in this notification will be included in the regulation, which means that it is prohibitedto import, export, transport or possess such substances.
This list of substances (which are included in the ministerial regulation) has been compiled by an expert groupcomposed of representatives of criminal justice and public organisations and the (chemical) industry. Thesesubstances are exclusively used for the illicit manufacture of narcotic drugs and psychotropic substances anddo not have known legal uses. By consequence, a ban does not interfere with the free movement of goodswithin the EU.
No provision of mutual recognition has been included as this is not possible. The Regulation introduces a banon chemicals for which no legal use is known. It is not conceivable that another Member State has provisionsexplicitly authorising a particular substance because, as a general rule, substances are authorised (whether ornot under conditions) unless they are expressly banned. Should it be the case that a substance is explicitlyauthorised or prescribed in a Member State, this concerns a substance for which there is a legal intended use,and the substance cannot be designated under the Dutch Regulation.