
CHAPTER I
Article 1 
This Regulation lays down rules for the monitoring of trade between the United Kingdom and third countries in certain substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances (hereinafter referred to as drug precursors) for the purpose of preventing the diversion of such substances. It applies to imports, exports and intermediary activities.
This Regulation shall be without prejudice to special rules in other fields pertaining to trade in goods between the United Kingdom and third countries.
Article 2 
For the purposes of this Regulation the following definitions shall apply:
((a)) ‘scheduled substance’ means any substance listed in the Annex that can be used for the illicit manufacture of narcotic drugs or psychotropic substances, including mixtures and natural products containing such substances, but excluding mixtures and natural products which contain scheduled substances and which are compounded in such a way that the scheduled substances cannot be easily used or extracted by readily applicable or economically viable means, medicinal products as defined in regulation 2 (medicinal products) of the Human Medicines Regulations and veterinary medicinal products as defined in regulation 2 of the Veterinary Medicines Regulations 2013;
((b)) ‘non-scheduled substance’ means any substance which, although not listed in the Annex, is identified as having been used for the illicit manufacture of narcotic drugs or psychotropic substances;
((c)) ‘import’ means any entry of scheduled substances having the status of non-domestic goods into the United Kingdom;
((d)) ‘export’ means any departure of scheduled substances from the United Kingdom;
((e)) ‘intermediary activities’ means any activity to arrange purchase and sale or supply of scheduled substances carried out by any natural or legal person who aims to obtain agreement between two parties or to do so through acting on behalf of at least one of these parties without taking these substances into its possession or taking control of the carrying out of such transaction; this definition shall also include any activity carried out by any natural or legal person established in the United Kingdom involving purchase and sale or supply of scheduled substances without these substances being introduced into the United Kingdom;
((f)) ‘operator’ means any natural or legal person engaged in import, export of scheduled substances or intermediary activities relating thereto, including persons pursuing the activity of making customs declarations for clients on a self-employed basis, either as their principal occupation or as a secondary activity related to another occupation;
((g)) ‘exporter’ means the natural or legal person chiefly responsible for export activities by virtue of the economic and legal relationship to the scheduled substances and to the consignee and, where appropriate, who lodges the customs declaration or on whose behalf the customs declaration is lodged;
((h)) ‘importer’ means the natural or legal person chiefly responsible for the import activities by virtue of the economic and legal relationship to the scheduled substances and to the consignor and who lodges the customs declaration or on whose behalf the customs declaration is lodged;
((i)) ‘ultimate consignee’ means any natural or legal person to which the scheduled substances are delivered; this person may be different from the end-user;
((j)) ‘natural product’ means an organism or a part thereof, in any form, or any substances which occur in nature as defined in point 39 of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council;
((k)) ‘International Narcotics Control Board’ means the Board established by the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol;
((l)) “special Customs procedures” means special Customs procedures within the meaning of section 3 of, and Schedule 2 to, the Taxation (Cross-border Trade) Act 2018  and  “a special Customs procedure” is to be construed accordingly.
CHAPTER II
SECTION 1
Article 3 
All imports, exports or intermediary activities involving scheduled substances, with the exception of substances listed in Category 4 of the Annex, shall be documented by the operator by way of customs and commercial documents, such as summary declarations, customs declarations, invoices, cargo manifests, transport and other shipping documents.
Those documents shall contain the following information:

((a)) the name of the scheduled substance as stated in the Annex, or, in the case of a mixture or a natural product, its name and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product, followed by the term ‘DRUG PRECURSORS’;
((b)) the quantity and weight of the scheduled substance and, in the case of a mixture or a natural product, the quantity, weight, and, if available, the percentage of any scheduled substance contained therein; and
((c)) the names and addresses of the exporter, the importer, the ultimate consignee and, where applicable, the person involved in the intermediary activities.
Article 4 
The documentation referred to in Article 3 shall be kept by the operators for a period of three years from the end of the calendar year in which the operation took place. The documentation shall be organised in such a way, electronically or in paper form, that it is readily available for inspection by the competent authorities upon request. The documentation may be provided via image medium or other data medium, provided that the data, when made readable, match the documentation in appearance and content, are available at all times, can be made readable without delay and can be analysed by automated means.
Article 5 
Operators shall ensure that labels are affixed on any packaging containing scheduled substances, except substances listed in Category 4 of the Annex, indicating their name as stated in the Annex, or, in the case of a mixture or a natural product, its name and the name of any scheduled substance, except substances listed in Category 4 of the Annex, as stated in the Annex, contained in the mixture or in the natural product. Operators may, in addition, affix their customary labels.
SECTION 2
Article 6 

1. Unless otherwise provided, operators established in the United Kingdom, other than customs agents and transporters when acting solely in that capacity, engaged in import, export or intermediary activities involving scheduled substances listed in Category 1 of the Annex, shall hold a licence. The competent authority ... shall issue the licence.In considering whether to grant a licence, the competent authority shall take into account the competence and integrity of the applicant, in particular the absence of any serious infringement or repeated infringements of legislation in the field of drug precursors and the absence of a record of any serious criminal offence.The Secretary of State may make regulations to set out the conditions for granting licences and for determining cases where a licence is not required.
2. The licence may be suspended or revoked by the competent authorities whenever the conditions under which the licence was issued are no longer fulfilled or where there are reasonable grounds for suspecting that there is a risk of diversion of scheduled substances.
3. The Secretary of State must prescribe by regulations a model for licences.
Article 7 

1. Unless otherwise provided, operators established in the United Kingdom, other than customs agents and transporters when acting solely in that capacity, engaged in import, export or intermediary activities involving scheduled substances listed in Category 2 of the Annex, or in the export of scheduled substances listed in Category 3 of the Annex, shall hold a registration. The competent authority ... shall issue the registration.In considering whether to grant a registration, the competent authority shall take into account the competence and integrity of the applicant, in particular the absence of any serious infringement or repeated infringements of legislation in the field of drug precursors and the absence of a record of any serious criminal offence.The Secretary of State may make regulations to set out the conditions for granting registrations and for determining cases where a registration is not required.
2. The competent authority may suspend or revoke the registration where the conditions under which the registration was issued are no longer fulfilled or where there are reasonable grounds for suspecting that there is a risk of diversion of scheduled substances.
Article 8 

1. When the scheduled substances are entered into the United Kingdom for unloading or transhipment, for temporary storage, for their storage in a free zone ..., or for their placing under the external Union transit procedure, the licit purposes must be demonstrated by the operator, upon request by the competent authorities.
2. The Secretary of State may make regulations to establish the criteria to determine how the licit purposes of the transaction may be demonstrated, in order to ensure that all movements of scheduled substances within the United Kingdom can be monitored by the competent authorities and the risk of diversion be minimised.
SECTION 3
Article 9 

1. Operators established in the United Kingdom shall notify the competent authorities immediately of any circumstances, such as unusual orders and transactions involving scheduled substances, which suggest that such substances intended for import, export or intermediary activities might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances.To that end, operators shall provide any available information, such as:
(a) the name of the scheduled substance;
(b) the quantity and weight of the scheduled substance;
(c) the names and addresses of the exporter, the importer, the ultimate consignee and, where applicable, the person involved in the intermediary activities.That information shall only be collected for the purposes of preventing the diversion of scheduled substances.
2. Operators shall provide the competent authorities with information in summary form about their export, import or intermediary activities.The Secretary of State may set out the information that is required by the competent authorities in order to allow them to monitor those activities....
Article 10 

1. In order to facilitate cooperation between the competent authorities, operators established in the United Kingdom and the chemical industry, in particular as regards non-scheduled substances, the Secretary of State must draw up and update guidelines.
2. These guidelines shall provide, in particular:
(a) information on how to identify and notify suspect transactions;
(b) a regularly updated list of non-scheduled substances to enable the industry to monitor on a voluntary basis the trade in such substances.
3. The competent authorities shall ensure that the guidelines are regularly disseminated in accordance with the objectives of these guidelines.
4. In order to respond rapidly to new diversion trends, the Secretary of State may add a non-scheduled substance to the list referred to in paragraph 2(b) in order to temporarily monitor its trade. Detailed arrangements and criteria for the inclusion or deletion from that list shall be specified in the guidelines referred to in paragraph 1.
5. If voluntary monitoring by the industry is considered insufficient to prevent the use of a non-scheduled substance for the illicit manufacture of narcotic drugs or psychotropic substances, the Secretary of State may by regulations add the non-scheduled substance to the Annex ....
SECTION 4
Article 11 

1. All exports of scheduled substances listed in Categories 1 and 4 of the Annex and exports of scheduled substances listed in Categories 2 and 3 of the Annex to certain countries of destination shall be preceded by a pre-export notification sent from the competent authorities ... to the competent authorities of the country of destination, in accordance with Article 12(10) of the United Nations Convention. The Secretary of State may make regulations determine the lists of the countries of destination for export of scheduled substances listed in Categories 2 and 3 of the Annex in order to minimise the risk of diversion of scheduled substances.The country of destination shall be allowed a period of 15 working days to reply, at the end of which the export operation may be authorised by the competent authorities ..., if no advice from the competent authorities of the country of destination is received indicating that this export operation might be intended for the illicit manufacture of narcotic drugs or psychotropic substances.
2. In the case of the scheduled substances to be notified in accordance with paragraph 1, the competent authorities ... shall, prior to the export of such substances, supply the information specified in Article 13(1) to the competent authorities of the country of destination.The Secretary of State supplying such information shall require the authority in the third country receiving the information to keep confidential any trade, business, commercial or professional secret or any trade process referred to therein.
3. Simplified pre-export notification procedures may be applied by the competent authorities where they are satisfied that this will not result in any risk of diversion of scheduled substances. The Secretary of State may make regulations to determine such procedures and to establish the common criteria to be applied by the competent authorities.
SECTION 5
Article 12 

1. Exports of scheduled substances that require a customs declaration, including exports of scheduled substances leaving the United Kingdom following their storage under a special customs procedure for a period of at least 10 days, shall be subject to an export authorisation.Where scheduled substances are re-exported within 10 days from the date of their placing into a special customs procedure an export authorisation shall not be required.However, exports of scheduled substances listed in Category 3 of the Annex shall only be subject to an export authorisation where pre-export notifications are required.
2. Export authorisations shall be issued by the competent authorities ....
Article 13 

1. The application for export authorisations referred to in Article 12 shall contain at least the following:
(a) the names and addresses of the exporter, the importer in the third country, any other operator involved in the export operation or shipment, and the ultimate consignee;
(b) the name of the scheduled substance as stated in the Annex or, in the case of a mixture or a natural product, its name and eight-digit CN code and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product;
(c) the quantity and weight of the scheduled substance and, in the case of a mixture or a natural product, the quantity, weight, and, if available, the percentage of any scheduled substance contained therein;
(d) details of the transport arrangements, such as the expected date of dispatch, method of transport, name of the customs office where the customs declaration is to be made and, where available at this stage, identification of the means of transport, itinerary, expected point of exit from United Kingdom and the point of entry into the importing country;
(e) in the cases referred to in Article 17, a copy of the import authorisation issued by the country of destination; and
(f) the number of the licence or registration referred to in Articles 6 and 7.An application for an export authorisation for exports of scheduled substances listed in Category 4 of the Annex shall contain the information set out in points (a) to (e) of the first subparagraph.
2. A decision on the application for an export authorisation shall be taken within a period of 15 working days from the date on which the competent authority considers the file to be complete.That period shall be extended if, in the cases referred to in Article 17, the competent authorities are obliged to make further enquiries under the second subparagraph of that Article.
Article 14 

1. If the details of the itinerary and means of transport are not provided in the application, the export authorisation shall state that the operator must supply those details to the customs office of exit or other competent authorities at the point of exit from the United Kingdom before the physical departure of the consignment. In such cases the export authorisation shall be annotated accordingly at the time of issue....
2. The export authorisation shall be presented to the customs office when the customs declaration is made, or in the absence of a customs declaration, at the customs office of exit or other competent authorities at the point of exit from the United Kingdom. The authorisation shall accompany the consignment to the third country of destination.The customs office of exit or other competent authorities at the point of exit from the United Kingdom shall insert the necessary details referred to in Article 13(1)(d) in the authorisation and affix its stamp thereon.
Article 15 
Without prejudice to measures adopted in accordance with Article 26(3), the granting of the export authorisation shall be refused if:

((a)) details supplied in accordance with Article 13(1) are incomplete;
((b)) there are reasonable grounds for suspecting that the details supplied in accordance with Article 13(1) are false or incorrect;
((c)) in the cases referred to in Article 17, it is established that the import of the scheduled substances has not been authorised by the competent authorities of the country of destination, or
((d)) there are reasonable grounds for suspecting that the substances in question are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
Article 16 
The competent authorities may suspend or revoke an export authorisation whenever there are reasonable grounds for suspecting that the substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
Article 17 
Whenever, under an agreement between the United Kingdom and a third country, exports are not to be authorised unless an import authorisation has been issued by the competent authorities of that third country for the substances in question, the competent authorities in the United Kingdom shall satisfy themselves as to the authenticity of such import authorisation, if necessary by requesting confirmation from the competent authority of the third country.
Article 18 
The period of validity of the export authorisation within which the goods must have left the United Kingdom shall not exceed six months from the date of issue of the export authorisation. Under exceptional circumstances, the period of validity may be extended, upon request.
Article 19 
Simplified procedures to grant an export authorisation may be applied by the competent authorities where they are satisfied that this will not result in any risk of diversion of scheduled substances. The Secretary of State may determine such procedures and to establish the common criteria to be applied by the competent authorities.
SECTION 6
Article 20 
Imports of scheduled substances listed in Category 1 of the Annex shall be subject to an import authorisation. An import authorisation may only be granted to an operator established in the United Kingdom. The import authorisation shall be issued by the competent authorities ....
However, where the substances referred to in the first paragraph are unloaded or transhipped, under temporary storage, or stored in a free zone ..., such import authorisation shall not be required.
Article 21 

1. The application for the import authorisations referred to in Article 20 shall contain at least the following:
(a) the names and addresses of the importer, the exporter of the third country, any other operator involved and the ultimate consignee;
(b) the name of the scheduled substance as stated in the Annex or, in the case of a mixture or a natural product, its name and the eight-digit CN code and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product;
(c) the quantity and weight of the scheduled substance and, in the case of a mixture or a natural product, the quantity, weight, and, if available, the percentage of any scheduled substance contained therein;
(d) if available, details of the transport arrangements, such as methods and means of transport, and date and place of envisaged import activities, and
(e) the number of the licence or registration referred to in Articles 6 and 7.
2. A decision on the application for an import authorisation shall be taken within a period of 15 working days from the date on which the competent authority considers the file to be complete.
Article 22 
The import authorisation shall accompany the consignment from the point of entry into the United Kingdom to the premises of the importer or ultimate consignee.
The import authorisation shall be presented to the customs office when the scheduled substances are declared for a customs procedure.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 23 
Without prejudice to measures adopted in accordance with Article 26(3), the granting of the import authorisation shall be refused if:

((a)) details supplied in accordance with Article 21(1) are incomplete;
((b)) there are reasonable grounds for suspecting that the details supplied in accordance with Article 21(1) in the application are false or incorrect, or
((c)) there are reasonable grounds for suspecting that the scheduled substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
Article 24 
The competent authorities may suspend or revoke the import authorisation whenever there are reasonable grounds for suspecting that the substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
Article 25 
The period of validity of the import authorisation within which the scheduled substances must have been entered into the United Kingdom shall not exceed six months from the date of issue of the import authorisation. Under exceptional circumstances, the period of validity may be extended, upon request.
CHAPTER III
Article 26 

1. Without prejudice to Articles 11 to 25 and to paragraphs 2 and 3 of this Article, the competent authorities ... shall prohibit the introduction of scheduled substances into the United Kingdom or their departure from it, where there are reasonable grounds for suspecting that such substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances.
2. The competent authorities shall detain or suspend release of the scheduled substances for the time necessary to verify the identification of the scheduled substances or compliance with the rules of this Regulation.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3a. The competent authorities ... shall prohibit the introduction of consignments of non-scheduled substances into the United Kingdom or their departure from it where there is sufficient evidence that those substances are intended for the illicit manufacture of narcotic drugs or psychotropic substances....Those substances shall be considered as proposed for inclusion in the list of non-scheduled substances referred to in point (b) of Article 10(2).
3b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. The competent authorities may require the operators to pay a fee for the issuing of licences, registrations and authorisations. Such fees shall be levied in a non-discriminatory way and shall not exceed the approximate cost of processing the application.
CHAPTER IV
Article 27 
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CHAPTER V
Article 28 
In addition to the measures referred to in Article 26, the Secretary of State may by regulations make provision to ensure the effective monitoring of trade between the United Kingdom and third countries in drug precursors, in particular with regard to the design and use of export and import authorisation forms, for the purpose of preventing the diversion of drug precursors. ...
Article 29 
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Article 30 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 30a 
The Secretary of State may by regulations make provision to amend the Annex hereto to new trends in diversion of drug precursors, in particular substances which can be easily transformed into scheduled substances, and to follow any amendment to the tables in the Annex to the United Nations Convention.
Article 30b 
A power of the Secretary of State to make regulations under this Regulation is to be exercisable by statutory instrument which may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Regulations may make different provision for different purposes and may include such incidental, supplemental, consequential, transitional, transitory or saving provision as the Secretary of State considers appropriate.
CHAPTER VI
Article 31 
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Article 32 
The Secretary of State must draw up a report annually summarising all relevant information on the implementation of the monitoring measures laid down in this Regulation, in particular as regards the substances used for the illicit manufacture of narcotic drugs or psychotropic substances and methods of diversion and illicit manufacture, and their licit trade. The report must be submitted by the Secretary of State to the International Narcotics Control Board in accordance with Article 12(12) of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988.
Article 32a 
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Article 33 

1. The processing of personal data by the competent authorities ... shall be carried out in accordance with national laws, regulations and administrative provisions transposing Directive 95/46/EC of the European Parliament and of the Council and under the supervision of the supervisory authority of the Member State referred to in Article 28 of that Directive.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. No special categories of data within the meaning of Article 8(1) of Directive 95/46/EC shall be processed for the purposes of this Regulation.
4. The personal data collected for the purposes of this Regulation shall not be further processed in a way inconsistent with Directive 95/46/EC or Regulation (EC) No 45/2001 and shall not be retained longer than necessary for the purposes for which it was collected.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 34 
Regulation (EEC) No 3677/90 is repealed with effect from 18 August 2005.
References to the repealed Regulation shall be construed as references to this Regulation.
Article 35 
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
It shall apply from 18 August 2005. However, Articles 6(1), 7(2), 8(2), 9(2), 11(1) and (3), 12(1), 19, 28 and 30 shall apply as from the day of entry into force of this Regulation in order to permit the adoption of the measures provided for in those Articles. Such measures shall enter into force at the earliest on 18 August 2005.
...
ANNEX

Category 1
Substance CN designation(if different) CN Code CAS No
1-Phenyl-2-propanone Phenylacetone 2914 31 00 103-79-7
Methyl alpha-phenylacetoacetate (MAPA)  2918 30 00 16648-44-5
Methyl 2-methyl-3-phenyloxirane-2-carboxylate(BMK methyl glycidate)  2918 99 90 80532-66-7
2-methyl-3-phenyloxirane-2-carboxylic acid(BMK glycidic acid)  2918 99 90 25547-51-7
N-acetylanthranilic acid 2-Acetamidobenzoic acid 2924 23 00 89-52-1
Alpha-phenylacetoacetamide (APAA)   2924 29 70 4433-77-6
Alpha-phenylacetoacetonitrile (APAAN)  2926 40 00 4468-48-8
                           
Isosafrol (cis + trans)  2932 91 00 120-58-1
3,4-Methylenedioxyphenylpropan-2-one 1-(1,3-Benzodioxol-5-yl)propan-2-one 2932 92 00 4676-39-5
Piperonal  2932 93 00 120-57-0
Safrole  2932 94 00 94-59-7
Methyl 3-(1,3-benzodioxol-5-yl)-2-methyloxirane-2-carboxylate (PMK methyl glycidate)   2932 99 00 13605-48-6
3-(1,3-benzodioxol-5-yl)-2-methyloxirane-2-carboxylic acid (PMK glycidic acid)  2932 99 00 2167189-50-4
4-anilino-
                              
                                 N
                              
                              -phenethylpiperidine (ANPP)
                             
                              2933 39 99
                            
                              21409-26-7
                           

                                 N
                              
                              -phenethyl-4-piperidone (NPP)
                             
                              2933 39 99
                            
                              39742-60-4
Ephedrine  2939 41 00 299-42-3
Pseudoephedrine  2939 42 00 90-82-4
Norephedrine  2939 44 00 14838-15-4
Ergometrine  2939 61 00 60-79-7
Ergotamine  2939 62 00 113-15-5
Lysergic acid  2939 63 00 82-58-6
(1R,2S)-(-)-chloroephedrine
                             2939 79 90 
                              110925-64-9
                           

                              (1S,2R)-(+)-chloroephedrine
                             2939 79 90 
                              1384199-95-4
                           

                              (1S,2S)-(+)-chloropseudoephedrine
                             2939 79 90 
                              73393-61-0
                           

                              (1R,2R)-(-)-chloropseudoephedrine
                             2939 79 90 
                              771434-80-1
The stereoisomeric forms of the substances listed in this Category not being cathine, whenever the existence of such forms is possible.
The salts of the substances listed in this Category whenever the existence of such salts is possible and not being the salts of cathine.



Category 2
Substance CN designation(if different) CN Code CAS No
Acetic anhydride  2915 24 00 108-24-7
Phenylacetic acid  2916 34 00 103-82-2
Anthranilic acid  ex 2922 43 00 118-92-3
Piperidine  2933 32 00 110-89-4
Potassium permanganate  2841 61 00 7722-64-7
The salts of the substances listed in this Category whenever the existence of such salts is possible.


Category 3
Substance CN designation(if different) CN Code CAS No
Hydrochloric acid Hydrogen chloride 2806 10 00 7647-01-0
Sulphuric acid  2807 00 00 7664-93-9
Toluene  2902 30 00 108-88-3
Ethyl ether Diethyl ether 2909 11 00 60-29-7
Acetone  2914 11 00 67-64-1
Methylethylketone Butanone 2914 12 00 78-93-3
The salts of the substances listed in this Category whenever the existence of such salts is possible and not being the salts of hydrochloric acid and sulphuric acid.


Category 4
                           

                              Substance
                            
                              CN designation (if different)
                            
                              CN Code
                           

                              Medicinal products and veterinary medicinal products containing ephedrine or its salts
                            
                              Containing ephedrine or its salts
                            3003 41 003004 41 00

                              Medicinal products and veterinary medicinal products containing pseudo-ephedrine or its salts
                            
                              Containing pseudoephedrine (INN) or its salts
                            3003 42 003004 42 00